Level One
(deletion of extra language/reorganization)
This Section history, along with all other section histories throughout the Charter, has been deleted. Instead, a Matrix of Charter histories for all sections, all in one place will be added to the end of the Charter
Level Two
(revises existing Charter language to align with current best practices)
This Section replaces the provision that the City Council “judges” the qualifications of elected officials contained in former Section 711. How this process would work was explained in the report to Council when they certified the City’s 2024 election results.
CAO and Clerk believe this is likely a holdover/pre-District election concept when Councilmembers were elected at large. How can you hold a District seat where you must be a resident of that District and then also be a candidate for a different District seat where you must be a resident of that District to run?
Even if it can’t realistically apply, It doesn’t need to be deleted (no need to create controversy or to inadvertently miss a scenario where it might still be meaningful), but a carve out of the Mayor would be appropriate as that appears to be the original intent.
Because this revision interprets and updates a provision that appears out of date as drafted, it should be considered a Level Two change.
Under California law, a crime of moral turpitude is conduct that reveals dishonesty, fraud, a general readiness to do evil, or moral depravity, determined by examining the minimum statutory elements of the offense rather than the specific facts of a particular violation. California courts apply the "least adjudicated elements test," which requires that from the elements of the offense alone, without regard to the facts of the particular violation, one can reasonably infer the presence of moral turpitude (People v. Aguilar, 245 Cal.App.4th 1010 (2016))[1], (People v. Bedolla, 28 Cal.App.5th 535 (2018))[2].
Definition and Core Principles
California decisional law establishes that moral turpitude includes fraud and that any crime in which an intent to defraud is an essential element constitutes a crime involving moral turpitude (In re Hallinan, 43 Cal.2d 243 (1954))[3]. The related group of offenses involving intentional dishonesty for purposes of personal gain are also crimes involving moral turpitude (In re Hallinan, 43 Cal.2d 243 (1954))[3], ( Matanky v. Board of Medical Examiners, 79 Cal.App.3d 293 (1978))[4]. Moral turpitude is not limited to dishonesty but extends to crimes involving other sorts of moral depravity and a "readiness to do evil," such as child molestation and crimes of violence, torture, or brutality (People v. Castro, 38 Cal.3d 301 (1985))[5].
Moral Turpitude: See Elections Code 20: (a) A person shall not be considered a candidate for, and is not eligible to be elected to, any state or local elective office if the person has been convicted of a felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes.
(b) For purposes of this section, “conviction of a felony” includes a conviction of a felony in this state and a conviction under the laws of any other state, the United States, or any foreign government or country of a crime that, if committed in this state, would be a felony, and for which the person has not received a pardon from the Governor of this state, the governor or other officer authorized to grant pardons in another state, the President of the United States, or the officer of the foreign government or country authorized to grant pardons in that foreign jurisdiction.
Level Two
(addition to align with best practices)
Added by GRG since circulation of version dated 6.5.26.
There was a discussion and CRC support for an excused absence policy, but this came up in the context of Boards and Commissions. It should really be addressed here as well, especially since it could be a basis for removal from office. This proposed update will be presented to Council at the July 7th meeting.
Level Two
This is the existing language modified to change the City Council from “judging” all elections to “certifying” them. Balance between deference to County Registrar on outcome and City Clerk’s office on administration (so outcomes are determined based on state mandated procedures versus political considerations), with some level of Council authority/right to challenge still retained.
Here’s a summary of what CAO advised Council about their role in certifying the election and the available paths to challenge election results or candidate eligibility/qualifications in the report to Council for certifying the results of the 2024 election:
“Legal Requirements and Effects of the Election Certification Process
Under the City Charter, unless an express provision of the Charter provides otherwise, City elections are governed by the California Elections Code [Charter Section 700]. With respect to election certification, there are no Charter provisions providing otherwise.
Under the Elections Code, section 10262 requires the elections official to conduct the canvass of votes (i.e., count the votes cast in the election), pursuant to its sections 15302 and 15303. “Upon the completion of the canvass, the elections official shall certify the results to the governing body.” (Elec.
Code § 12062.) The canvass must be completed by the fourth Friday after the election (Elec. Code §10262, subd. (a)), and for a consolidated election, the elections official shall certify the results to the governing body, and the governing body must certify the election results in compliance with section 10263 by its next regularly scheduled meeting after the 28-day canvass or at a special meeting called for that purpose. (Elec. Code § 10262, subd. (b).) Elections Code section 10263 requires the governing body to adopt a resolution reciting “the fact of the election and the other matters that are enumerated in section 10264.” The governing body must also “declare the results and … install the newly elected officers.” (Ibid., subd. (a).)
Although the certification process described above, is mandatory, election certification does not definitely decide the outcome of every election contest. Even after “certification” there are separate legal processes for challenging the outcome of an election, or the qualifications of an elected candidate to hold office. The first such process is contained in Elections Code Section 16100. The second such process is known as a “quo warranto” proceeding.
Elections Code Section 16100. Most of the bases for challenge to an election under Elections Code 16100 relate to elections official misconduct, material vote counting errors, or the casting of illegal votes. Section 16100(b) also provides for an election challenge based on a determination that a person elected was not, at the time of the election, eligible to hold office. Under Section 16401(d) a statement of such challenge must be filed with the superior court within 30 days after the City’s certification of the subject election.
Quo Warranto. A quo warranto action must either be initiated by the City Council or be initiated or authorized by the State Attorney General. A quo warranto action doesn’t relate to the election itself, but to the qualifications of a party to run for or hold a public office under applicable law. Applicable laws include federal, state or local laws, which would include the City’s own Charter requirements. Quo warranto actions can be initiated at any time during the tenure of an elected official. Either form of elections challenge, whether under the Elections Code or a quo warranto proceeding, may be initiated by the City Council itself or an individual “elector” within the City; provided, however, as discussed above, any proposed quo warranto action by an individual elector must first be approved by the Attorney General.”
Level Two
(deletes unnecessary language)
Consensus that this language wasn’t necessary as its already expressly covered by the Brown Act as provided below:
The Brown Act (Cal. Gov. Code §§ 54950 et seq.) explicitly governs the adjournment of regular meetings of legislative bodies of local agencies. It permits the legislative body to adjourn any regular or special meeting, or previously adjourned meeting, to a specified time and place indicated in the order of adjournment. Less than a quorum may adjourn a meeting. When no members are present, the clerk or secretary may declare the meeting adjourned and must provide written notice of the adjournment consistent with the rules for special meetings. The order or notice of adjournment must be conspicuously posted at or near the meeting location within 24 hours following the adjournment. An adjourned regular meeting retains the status of a regular meeting for all purposes, and if the adjournment order fails to specify a time, it defaults to the time fixed for regular meetings by ordinance or resolution (California Practice Guide: Administrative Law Ch. 28-L)[3], (2 Cal. Jur. 3d Administrative Law § 139)[4], (45 Cal. Jur. 3d Municipalities § 317)[5]. Additionally, the Brown Act differentiates between adjournment—ending a meeting with intent to resume the agenda later—and continuance, which involves continuing specific agenda items to a subsequent meeting, with associated posting requirements for notices if the continuance occurs within 24 hours (California Practice Guide: Administrative Law Ch. 28-L)[3].
Level Two
(added flexibility in meeting scheduling consistent with Brown Act requirements)
This language added to give flexibility if ever needed, e.g., during the summer recess or around the Thanksgiving/Christmas holiday. Current language could be further modified to only require one meeting of any kind of the bracketed special meeting reference were to be deleted.
Brown Act requirement is as follows:
Regular meetings must be held at least monthly on a schedule fixed by ordinance or resolution, with agendas posted at least 72 hours prior containing a brief general description of business items, including closed session topics.
Level One
(clarifying wording with no proposed modifications to current, applicable law)
The Brown Act requires that regular and special meetings of city councils be held within the boundaries of the territory over which the local agency exercises jurisdiction (West's Ann.Cal.Gov.Code § 54954)[1]. This is a fundamental location requirement that applies to both types of meetings. However, the statute provides several specific exceptions that allow meetings to be held outside the jurisdiction, including to comply with state or federal law or court orders, attend judicial or administrative proceedings to which the agency is a party, inspect real or personal property that cannot be conveniently brought within the boundaries, participate in meetings of multiagency significance (which must still occur within one of the participating agencies' jurisdictions and be properly noticed), meet in the closest meeting facility if the agency has no suitable facilities or offices within its boundaries, meet with elected or appointed federal or state officials when a local meeting would be impractical, or meet outside the jurisdiction in the event of an emergency (West's Ann.Cal.Gov.Code § 54954)[1].
There was discussion on need for this language in the Charter at all, with a possible option to radically reduced to a sentence or two calling for rules to be adopted by ordinance. Current recommendation is to retain provisions, but to update to make more clear and better align with State law.
California law establishes comprehensive requirements for city employees who must obtain and furnish faithful performance bonds or other forms of bonds in connection with their official duties. These requirements are governed primarily by the California Government Code, which sets forth the conditions, obligations, and payment provisions for official bonds of municipal officers and employees.
Statutory Framework for Official Bonds
The fundamental condition of an official bond is established by California Government Code § 1501, which provides that "the condition of an official bond shall be that the principal will well, truly, and faithfully perform all official duties then required of him by law, and also all such additional duties as may be imposed on him by any existing law of the State or law enacted subsequently to the execution of the bond" (West's Ann.Cal.Gov.Code § 1501)[1]. This statutory language ensures that bonds cover both current and future duties imposed by law.
California Government Code § 1504 further specifies that every official bond executed by any officer pursuant to law "is in force and obligatory upon the principal and sureties therein for" both "any and all breaches of the conditions thereof committed during the time such officer continues to discharge any of the duties of or hold the office" and "the faithful discharge of all duties which may be required of such officer by any law enacted subsequently to the execution of the bond" (West's Ann.Cal.Gov.Code § 1504)[2]. The statute includes important limitations on personal liability for officers whose sole compensation is a fixed salary, providing that they shall not be personally liable for negligent acts or omissions of deputies or employees unless the officer failed to exercise due care in selection, appointment, or supervision (West's Ann.Cal.Gov.Code § 1504)[2].
Charter City Authority Over Bond Requirements
California Constitution Article XI, § 5 grants charter cities plenary authority to provide for "the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or appointed, and for their removal, and for their compensation" (West's Ann.Cal.Const. Art. 11, § 5)[5]. This constitutional provision allows charter cities to establish their own requirements for official bonds as part of their municipal affairs.
Level One/Level Two
(both minor and more significant language updates, with other Level Two changes as indicated below)
This Article was updated with substantial input from the existing Boards and Commissions listed.
Note: “Commissions” are generally understand to mean groups that are permanent with some independent authority or ongoing subject matter jurisdictions. “Committees” are almost always advisory, and sometimes are of limited duration. “Subcommittees” are always subordinate bodies to the primary Council or Commission. “Board” appears to be just a historical name for the Board of Library Trustees, and in this context has no particular meaning distinct from Commission.
Consideration was given to building in some definition structure here, but doesn’t seem necessary. More important to distinguish what rules apply to what boards, commissions (and/or committees) and updated language in this Article Six does that. Also, note the proposed addition of new Section 605, below, regarding “committees”
Level One
(reorganization)
Consensus of Groups Two and Four was to move the details of the Salary Setting Commission composition and role and function (previously described in Old Section 702) to this Article. See new Section 604.5, below for Level Two changes.
Level Two
(alignment with current standards)
Here are the current Code Sections for both Charter created and City Council created Boards and Commissions.
Revised language requires any further implementing details be approved by ordinance (not resolution)
§ 2.120.010Names, membership, qualifications and terms of office.
There shall be and there is established within the City the following boards, commissions, and committees:
(a) Planning Commission. (SCCC § 2.120.050)
(b) Parks and Recreation Commission. (SCCC § 2.120.060) (c) Civil Service Commission. (SCCC § 2.120.070)
d) Board of Library Trustees. (SCCC § 2.120.080)
(e) Historical and Landmarks Commission. (SCCC § 2.120.100) (f) Senior Advisory Commission. (SCCC § 2.120.110)
(g) Youth Commission. (SCCC § 2.120.130)
(h) Cultural Commission. (SCCC § 2.120.140)
(i) International Exchange Commission. (SCCC § 2.120.150) (j) Housing Commission. (SCCC § 2.120.160)
(k) Bicycle and Pedestrian Advisory Committee. (SCCC § 2.120.170) All members of boards, commissions, and committees, except for members of the Youth Commission and Bicycle and Pedestrian Advisory Committee, shall be eighteen (18) years of age or older and residents of the City. All members of boards and commissions established by City Charter (i.e., Planning Commission, Parks and Recreation Commission, Civil Service Commission and Board of Library Trustees) shall also be qualified electors of the City.
§ 2.120.020Powers and duties generally.
The boards and commissions of the City shall have the following general powers, duties and responsibilities in addition to those set forth in Article X of the Charter:
(a) To establish rules and regulations governing the election of their officers, the holding of meetings and the conduct of business.
(b) To utilize all appropriate techniques in crystallizing and testing public sentiment on major public issues in their respective fields.
(c) To make budget recommendations.
(d) To hold official hearings as required by law or requested by the City Council. (e) To advise and recommend on City policies and procedures pertinent to their respective activities and functions. (f) To support and adhere to all City policies promulgated by the City Council and to establish needed interim policies in the absence of the same.
(g) To provide information and promote good public relations between the City and the general public. (h) To receive at least two hours of training in general ethics principles and ethics laws relevant to their public service every two years, as required by state law and the City Council. (i) To perform such other related functions as may be assigned to them by the City Council.
§ 2.120.030Meetings.
Each board or commission of the City with members thereon appointed by the City Council shall hold regular meetings at the times and on the days indicated by resolution of the City Council except when such day falls on a City holiday, and shall hold such special meetings as it may require. The times and days for holding regular meetings are subject to amendment from time to time by resolution of the City Council. A copy of the applicable resolution(s) is and will be available for public inspection in the office of the City Clerk.
§ 2.120.040Utilization of City personnel.
The various boards and commissions may utilize the services of the appropriate City departmental personnel in carrying out their respective functions, subject to the administrative control of the City Manager. (Ord. 947; Formerly § 2-92)Here
Why addition of an Ethics Commission not proposed by CRC.
Group Four discussed extensively the pros and cons to proposing for inclusion in the Charter provision for the requirement of an Ethics Commission. They ultimately decided (and the full CRC concurred) that while this could be suggested as a Level 4 idea for a future CRC, they were not going to recommend at this time as part of the Charter project. Their decision was based, among other things on the following:
--This is a matter currently being discussed at the City Council Governance and Ethics Committee, including possible terms for a formal Commission, and alternatives to this to reinforce ethics duties and accountability, are under discussion.
--The inclusion of this in the Charter amendment would present challenges as it would, in effect, proposed to “decide” the issue before that full analysis is complete. --Inquiry was made regarding Chula Vista which has a Board of Ethics, but its not mentioned or requred in the City Charter. GRG’s experience there was shared, but pointed out that the details of any such proposal matter, and the pros and cons of this could not be fully analyzed by the CRC as part of this project. CV also has a “standing” Charter Review Commission, but that isn’t mentioned in their Charter either. —Also concern about this being a form of “restructuring” of govt. (by adding a signficant new board), and was an area that could be viewed as controversial, thereby distracting from other more doable proposals.
Level One
(existing language moved and updated to be more explicit without substantive change)
Qualified Elector Status. The need for “qualified elector” status as a qualification was discussed extensively in light of BOLT request that the qualified elector status requirement be removed. The Group/CRC ultimately decided that for the Charter created boards and commissions, qualified elector status and consistency were important. They also note that non-Qualified elector residents still have a lot of opportunities to serve on City Council created boards.
From City Code Section 2.120.010
“All members of boards, commissions, and committees, except for members of the Youth Commission and Bicycle and Pedestrian Advisory Committee, shall be eighteen (18) years of age or older and residents of the City. All members of boards and commissions established by City Charter (i.e., Planning Commission, Parks and Recreation Commission, Civil Service Commission and Board of Library Trustees) shall also be qualified electors of the City.”
Level Two
(addition of requirement for a policy consistent with desired/best practices)
Group Four discussed extensively options for making more transparent any decision not to reappoint or remove a board or commission member “for cause” other than the referenced “vacancy” provisions below. Ultimate decision was to require the CC to make rules that allow for appointment and removal “in an orderly and transparent” manner but not to attempt to make such rules. Charter is not place for that level of detail and CAO advised of need to balance transparency with privacy interests and interest in protecting City from liability. I.e., no board or commission member should have employee like protections for holding their position.
Section requires City Council creation of an appointment, renewal and removal policy for Boards and Commission members
Level Two
(delete provisions inconsistent with current/best practices)
Regarding Boards and Commissions making their own rules, this is not current practice, and is not recommended. There is a need and real value in consistency, especially with need for compliance with Brown Act. The current City Council Policy 055 for “Meeting Management Protocols” will apply to Boards and Commissions when it converts from a “pilot program” to a permanent policy and it allows for some variation on rules at the Boards and Commissions level so long as rules are consistent with the protocols or approved by the Council.
BOLT comments/proposals on powers and duties included:
--Desire to primarily advisory (guide and recommend), but don’t want to abdicate “accountability”. --This can be achieved by requiring them to be part of certain Library administrative processes. E.g., Library budget needs to come to BLT for review and recommendation before it goes to City Council. (e.g.’s Anaheim and Chula Vista); annual report to City Council on Library activities (Anaheim).
For reference, current City Code provisions provide as follows:
§ 2.120.080Board of Library Trustees. [1]
The Board of Library Trustees shall be primarily responsible for the following:
(a)
Establishing, accepting and supervising a significant public library program. (b)
Providing for balanced library collections and services which represent the diverse perspectives of the community. (c)
Making recommendations to the City Council on library policies which ensure maximum public access to library collections and services.
(d)
Serving as a central focus for citizen comment on library operations and materials and the provision of appropriate recommendations or response.
(e)
Supporting educational, recreational and cultural activities for citizens of all age groups consistent with the mission of the library program.
(f)
Representing the library program to the City, the community, other government agencies and organizations. (g)
Performing such other duties and exercising such powers as the City Council may impose or require.
Level One/Level Two
(reorganization, updated language and clarifying changes to eliminate ambiguity consistent with current interpretations/practices)
This is a new Section that takes the role and function content from old Section 702 (now 204.1) and moves it here.
Notes/considerations from discussion
--Salary question: Proposed language eliminates ambiguity regarding extent to which Charter language dictates terms for salary only or other forms of compensation
—Current benefits that have been discussed by the Commission include pensions (currently offered as an option, five years to vest) and medical benefits (currently not offered but discussed at last Salary Setting Commission meeting.
--Benchmarking included information from 5 area cities, with most providing a medical benefit, and Sunnyvale, notably, recommending a salary increase from $38K to $72K for City Councilmembers)
Consensus not to change compensation mechanism or amount (was just changed 7 years ago to a benchmark amount with increases not to exceed 10% every two years as determined by SSC, now $30K for Mayor and $24K for City Council members), but to clarify that benefits can also be provided, including medical if SSC determines, provided that no health benefits can be converted to cash.
Level Two
(added language fills a gap in a manner consistent with current/best practices)
This Section is intended to contemplate other advisory bodies that are intended to be purely advisory and/or temporary in nature, with some flexibility to Council on how to form.
Level Two
(update language to align with current/best practices)
This new Section 805.6 is proposed by bond counsel to replace the outdated language in current Section 1321, below.
This new Section is consistent with current/best practices. It would allow the City to issue revenue bonds to finance utility infrastructure by City Council resolution without the requirement for voter approval. The rationale for this is that revenue bond debt is not like general fund debt that relies on taxes for repayment (the type of debt where voter approval is required) as the only pledge for repayment of the bonds are utility revenues. Many other Charter cities (including Sunnyvale, San Diego, Los Angeles, Hayward, Oakland, Pasadena, Redwood City, Sacramento and San Francisco (with a 3/4ths vote of their supervisors)) have similar provisions. This type of debt is also allowed for general law cities, but requires majority voter approval (not the 2/3rds voter approval required by the current Charter).
The deleted provisions regarding Revenue Bonds are considered to be outdated, and limiting in ways that go beyond current state law limitations/best practices which have evolved over time. The City has been able to finance utility infrastructure using debt (for example, using certificates of participation), but this is more cumbersome and costly. Accordingly, bond counsel has proposed replacement of these provisions with the new Section 805.6.
Level Three?
However much aligned this proposal is with current/best practices, because it proposes removing a voter approval right, it could be viewed as a Level Three proposal.
Charter-1 (Revised 7/23)
DRAFT
7/10/26
THE CHARTER OF
THE CITY OF SANTA
CLARA CALIFORNIA
Charter-2 (Revised 7/23)
TABLE OF CONTENTS
Preamble
Article One: Foundational Terms
Section 100 Name Incorporation and Charter City Status
Section 101 City Boundaries
Section 102 Charter City Authority.
102.1 In General.
102.2 Relationship with Other Laws.
102.3 Voter Approved Limitations on City Authority .
a. Disposal of Public Utilities.
b. Disposal or Change of Use of Certain City Park Land. 102.4 Powers of Initiative, Referendum and Recall.
Section 103 City Council-Manager Form of Government.
Section 104. Effective Date; Amendment
Section 105 Use and Definitions of Capitalized Terms.
Article Two. Elected Officials
Section 200 In General.
Section 201 Qualifications
201.1 Requirements for All Elected Officials.
201.2 Special Requirements for the Chief of Police.
201.3 Challenges to Qualifications .
Section 202 Powers and Duties
202.1 Mayor [Powers and Duties]
a. In General
b. Limitations on Authority
c. Vice Mayor
202.2 City Council [Powers and Duties]
a. In General
b. Individual Council Members
c. Limitations on Authority
202.3 Chief of Police [Powers and Duties].
202.4 City Clerk [Powers and Duties.]
a. City Clerk
b. Assistant City Clerk
Section 203 Terms of Office
203.1 In General
203.2 Term Limits
a. Mayor and Council Members
b. Chief of Police and City Clerk
203.3 Additional Rules for Elected Official Candidacies and Holding Office Section 204 Compensation.
204.1 In General.
204.2 Reductions for Unexcused Absences.
Section 205 Vacancies.
205.1 What Constitutes a Vacancy.
205.2 Process for Filling Vacancies.
a. By Appointment
b. By Election
Charter-3 (Revised 7/23)
205.3 Term for Appointed/Elected Council Members Filling Vacancies.
Article Three: City Elections
Section 300 In General.
Section 301 Regular and Special Elections.
Section 302 Administration and Determination of Election Outcomes. 302.1 In General.
302.2 Election Outcomes.
302.3 Role of City Council.
Section 303 City Council Members Nominated and Elected by Districts. 303.1 In General
303.2 Staggering of City Council District Elections
Section 304 Redistricting
304.1 Redistricting Process.
304.2 Redistricting Impact on Incumbents.
Article Four: City Council Meetings/Actions
Section 400 In General
Section 401 Meeting Scheduling, Location and Noticing
401.1 Regular Meetings
401.2 Special Meetings
401.3 Place of Meetings
401.4 Noticing
Section 402 Procedures and Requirements for Action
402.1 Quorum
402.2 Rules and Records of Proceedings
402.3 Action by Ordinance or Resolution
Section 403 Special Rules for Ordinances
403.1 Adoption
403.2 Repeal or Amendment.
403.3 Effective Date.
403.4 Emergency Ordinances
403.5 Posting and Publication.
403.6 Codification of Ordinances
403.7 Adoption of Printed or State Adopted Uniform Building Codes, etc.
Article Five: Structure of City Government
Section 500 In General
500.1 Organization by Departments
500.2 Administrative Code.
Section 501 Officers to be Appointed by the City Council 501.1 City Manager
501.2 City Attorney
501.3 City Auditor
Section 502 Officers and Employees to be Appointed by the City Manager 502.1 Department and Director of Finance
502.2 Department and Director of Public Works
502.3 Chief of the Fire Department
Article Six: Boards and Commissions
Section 600 In General
Charter-4 (Revised 7/23)
600.1 Chartered Boards and Commissions
600.2 City Council Created Boards and Commissions.
600.3 Qualifications.
600.4 Compensation.
600.5 Rules of General Application.
600.6 Conflict of Interest Rules.
Section 601 Funding and Staff Support
Section 602 Appointments; Terms and Vacancies.
602.1 Appointment; Removal.
602.2 Terms of Service; Term Limits.
602.3 Vacancies.
602.4 Filling of Vacancies.
Section 603 Conduct of Meetings.
603.1 Meetings.
603.2 Chair.
603.3 Actions.
603.4 Additional Rules and Procedures.
Section 604 Composition, Powers and Duties of the Chartered Boards and Commissions. 604.1 Planning Commission
a. Composition
b. Powers and Duties
c. City Council Deference
604.2 Parks and Recreation Commission.
a. Composition.
b. Powers and Duties.
604.3 Civil Service Commission .
a. Composition.
b. Powers and Duties.
604.4 Board of Library Trustees .
a. Composition
b. Powers and Duties.
604.5 Salary Setting Commission
a. Composition and Appointment.
b. Power.
c. Special Rules for Benefits for Part Time Officials.
Section 605 Committees
Article Seven: Civil Service
Section 700 Civil Service; merit principle
Section 701 Classified Service
Section 702 Appointments from Classified to the Unclassified Service Section 703 Classification
Section 704 Pay Plan
Section 705 Civil Service Rules and Regulations
Section 706 Prohibitions
Section 707 Contract for administrative services
Section 708 Retirement
708.1 State system
Article Eight: Fiscal Administration and Procurement
Section 800 Fiscal year.
Charter-5 (Revised 7/23)
Section 801 Budget Preparation, Approval and Implementation 801.1 In General.
801.2 City Manager to Prepare.
801.3 Budget Contents.
801.4 Budget Approval Process.
a. Proposed Budget Submittal by the City Manager.
b. City Council Proposed Revisions and Notice of Public Hearing c. Public Hearing and Adoption
801.5 Budget Implementation
801.6 Budget Amendments
Section 802 Purchasing and Procurement
802.1 Goods and Services
802.2 Public Works
a. Rules to be Implemented by Ordinance.
b. Required Provisions.
c. Procurement Alternatives
d. Relationship with Other Laws
802.3 Franchises
Section 803 Audit Requirements
803.1 In General
803.2 Reporting
Section 804 Special Rules for Utilities Expenditures and Revenues Section 805 Finance and Tax Authority
805.1 Taxes, Assessments and Fees.
805.2 Issuance of Debt.
805.3 Limits on Indebtedness.
805.4 Special Rules for Financing of a Nuclear Plant
805.5 Special Rules for Revenue Bonds
a. In General
b. Applicable Procedures
c. Limited Obligations
d. No Voter Approval Required
805.6 Voter Approval Required
Article Nine: Miscellaneous and Legal Provisions
Section 900 Mandatory and Permissive.
901 Legal Actions Against the City.
902 Violations; Enforcement.
903 Effective Date.
904 Publication of Legal Notices.
905 Laws in Effect Pending Enactment of Ordinances.
906 City Clerk Authority to Make Minor Corrections
907 Official Oaths of Office.
908 Definitions.
Charter-6 (Revised 7/23)
PREAMBLE
We, the people of the City of Santa Clara, pursuant to our authority under the laws of the State of California, hereby adopt this Charter to be the rules for the governance and operations of our City in an open, fair and effective manner.
Article One
Foundational Terms
Section 100 Name, Incorporation and Charter City Status.
The City of Santa Clara (“City”) is a chartered municipal corporation of the State of California (“State”).
The City’s official name is “Santa Clara” but it may be referred to from time to time as the “City of Santa Clara.” The City was incorporated in July of 1852 under the name “Santa Clara.” City records indicate that previous Charters were adopted for the “Town of Santa Clara” in 1927 and for the “City of Santa Clara” in 1951.
Section 101 City Boundaries.
The territory of the City over which it shall exercise lawful jurisdiction shall be the territory contained within its boundaries as established under State Law. City boundaries may be modified, but only in accordance with State Law requirements and procedures.
Section 102 Charter City Authority.
102.1 In General. The City, by and through its City Council and other officials, shall have and may exercise all powers lawfully available to a chartered municipal corporation in the State for the general welfare of its inhabitants which are not prohibited or otherwise limited by the Constitution of the State of California, the terms of this Charter or other laws applicable to charter cities. Such general powers shall include, without limitation, the full power and authority to make and enforce all laws and regulations with respect to municipal affairs.
The specification in this Charter of any particular powers of the City shall not be held to be exclusive of, or any limitation upon the general grant of powers to the City under this Section.
102.2 Relationship with Other Laws. To the extent of any conflict between the terms of this Charter, and any laws only applicable to general law cities under State law (“General City Laws”), the terms of this Charter shall govern. To the extent of any conflict between the terms of any City ordinances, regulations or policies adopted under the authority of this Charter (“Local Laws”) and any General City Laws, the terms of such Local Laws shall govern. To the extent there is no Charter provision or Local Law prohibiting or regulating the conduct of the City, any City official or employee, or any business or individual acting within the City, then the laws governing such conduct shall be those set forth in General City Laws.
City reserves the right to adopt as its laws any General City Laws it may specify, either through the provisions of this Charter or the enactment of Local Laws, provided that such laws are consistent with the terms of this Charter.
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102.3 Voter Approved Limitations on City Authority. In addition to the limits on City Authority contained in Applicable Laws and set forth in other Sections of this Charter, the following voter approved limitations shall apply:
a. Disposal of Public Utilities. No public utility service owned by the City shall be sold, leased or otherwise transferred for operation by a third party unless authorized by the affirmative vote of two-thirds of the Qualified Electors voting on such proposition at a City Election. This requirement for voter approval shall not apply to the disposition of public utility real or personal property determined by the City Council as no longer necessary for public utility use.
b. Disposal or Change of Use of Certain City Park Land.
1. Neither the Ulistac Natural Area, the Santa Clara Youth Soccer Park nor any other real property owned or controlled by the City that is presently listed or hereafter listed by ordinance in the inventory of parks and recreation facilities contained in Appendix Eight of the City of Santa Clara 2010-2035 General Plan, or any subsequent General Plan (collectively, “Dedicated Parklands”), shall be sold, leased or otherwise disposed of for a period of one hundred eighty (180) days or more, nor shall the use of any such Dedicated Parklands be changed, abandoned or discontinued for a period of one hundred eighty (180) days or more without such sale, lease, disposal or changed use having been first authorized or ratified by a two-thirds (2/3) majority vote of the Qualified Electors voting at a General Municipal Election of the City for that purpose.
2. No substantial building, construction, reconstruction or development upon or with respect to any Dedicated Parklands shall be made except as may be approved by the City Council by ordinance subject to referendum.
3. The provisions of this Section shall not apply to real property owned or controlled by the City that is subject to the CityPlace Master Community Plan originally adopted by the City Council by Resolution No. 8339.
102.4 Powers of Initiative, Referendum and Recall. There are hereby reserved to the Qualified Electors of the City the powers of initiative and referendum and of the recall of Elected Officials as provided in General City Laws.
Section 103 City Council-Manager Form of Government.
The City shall be governed under what’s commonly known as the “Council-Manager” form of government, where the City Council is responsible for City law making and major policy decisions, and a professional manager, appointed by and serving at the pleasure of the City Council, is responsible for implementing Council policy and managing day-to-day operations. This Charter sets forth the basic terms for how this form of government is structured and will operate in the City of Santa Clara.
Section 104 Effective Date; Amendment
This Charter was amended by the approval of City voters of Measure ___ (“Measure __ Amendments.”) at Charter-8 (Revised 7/23)
the November 3, 2026, City Election. The Measure ___ Amendments went into effect upon their filing with the Secretary of State on __________, 2026 (“Effective Date”). No provisions of the Measure __ Amendments shall have any effect upon the validity of any City action, or any business or individual rights obtained under the terms of the City Charter prior to this Effective Date. The Charter may be further amended, but only with the approval of a majority of voters casting ballots at a General City Election validly conducted under the terms of the Charter.
Section 105 Use and Definitions of Capitalized Terms.
Capitalized terms used in this Charter shall have the meanings ascribed thereto in Article Nine, Section 908, of this Charter, below. To the extent of any conflict between the definitions of capitalized terms provided in Section 908, and any other common understandings or definitions of such capitalized terms, the definitions in Section 908 shall govern.
Article Two.
Elected Officials
Section 200 In General.
The City shall have the following elected officials: the Mayor (who shall also be considered a City Council Member), six City Council Members, one for each of the six City Council Districts (each a “District Council Member,” and collectively the “District Council Members”) the Chief of Police, and the City Clerk (collectively, “Elected Officials”). Elected Officials shall be chosen by election, except in certain interim circumstances where they may be chosen by City Council appointment. The processes for City elections and appointments are set forth in Article Three of this Charter, below.
Section 201 Qualifications
201.1 Requirements for All Elected Officials.
a. To be an Elected Official a person must be a resident (“Resident”) and registered voter (“Qualified Elector”) of the City. District Council Members must also be Residents of their respective Council district (each a “District” and collectively “Districts”). .
b. All persons seeking to be Elected Officials must have been a Resident of the City, and, in the case of a District Council Member, of their District, commencing at least thirty (30) days immediately preceding the last day specified under the Elections Code for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person’s appointment to fill a vacancy.
c. Whether or not a person is a Resident shall be determined in accordance with State Law.
Qualified Elector status shall be determined by the Santa Clara County Registrar of Voters (“ROV”). The City Clerk shall administer these requirements as provided in Section 302, below.
201.2 Special Requirements for the Chief of Police.
In addition to the requirements for all Elected Officials set forth in Section 201.1, above, persons running for and holding the office of Chief of Police shall meet the minimum eligibility and qualification requirements imposed by State Law upon candidates for the office of sheriff.
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201.3 Challenges to Qualifications.
Any Qualified Elector of the City or the City Council may challenge the qualifications of an Elected Official as provided under State Law.
Section 202 Powers and Duties
202.1 Mayor Powers and Duties
a. In General. The Mayor shall have the following powers and duties:
1. The Mayor shall be the political leader within the community by providing guidance and leadership to the City Council, by expressing and explaining to the community the City’s policies and programs and by assisting the City Council in the informed, vigorous and effective exercise of its powers. Political leadership shall be concerned with the general development of the community and the general level of City services and programs.
2. The Mayor shall be the presiding officer at City Council meetings. In such capacity the Mayor shall have authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any meeting of the City Council for disorderly conduct, to enforce the rules of the City Council and to determine the order of business under the rules of the City Council.
3. The Mayor shall have a voice and vote in all City Council proceedings as a member of the City Council; the Mayor shall have no veto power.
4. The Mayor shall be the official head of the City for all ceremonial purposes.
5. The Mayor may make recommendations to the City Council on matters of policy and programs which require City Council decision;
6. The Mayor may also, on their own account, inform the community on matters of policy or program which the Mayor believes the welfare of the community make necessary.
7. The Mayor shall exercise such other powers and perform such other duties as may be prescribed by the City Council, provided that the same are not inconsistent with this Charter.
b. Limitations on Authority. Nothing in this Section shall be construed in any way as an infringement or limitation on the powers and duties of the City Manager as the head of the executive and administrative branch of the City government as provided in other sections of this Charter. Except as otherwise herein provided, the Mayor shall possess only such authority over the City Manager and the administrative branch as the Mayor possesses as one member of the City Council.
c. Vice Mayor. During the Mayor’s absence or disability, the Mayor’s duties shall be performed by the Vice Mayor. The Vice Mayor shall be a City Council Member appointed by and serving at the pleasure of the City Council.
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202.2 City Council Powers and Duties
a. In General. All powers of the City shall be vested in the City Council, subject to the provisions of this Charter and Applicable Law. Such powers shall include: (1) the certification of City Elections as provided in Section 302.3; (2) the declaration of Elected Official Vacancies and appointment of Elected Officials to fill any such Vacancies as provided in Section 205; (3) the appointment of the City Manager, City Attorney and City Auditor as provided in Section 501; (4) appointment of members of City Boards and Commissions as provide in Section 602.1; (5) adoption of ordinances, resolutions and policies as necessary for the determination of land uses, the governance of City operations, the delivery of City services, and the regulation of conduct of persons and businesses within the City as provided in Article Four; (6) actions on fiscal matters, including the approval of budgets, the issuance of debt, the levying of taxes, fees and assessments, and the awarding of contracts as provided in Article Eight; (7) the ability to conduct investigations and to subpoena witnesses in personnel matters involving City Council appointees, in City Council quasi-judicial proceedings and where otherwise expressly provided under General City Law; and (8) such other powers as may be reasonably necessary to advance City interests, provide for the efficient and effective delivery of City services and to maintain the overall public health, safety and welfare of the City, its residents, businesses and visitors.
b. Individual Council Members. City Council members (including the Mayor) shall have the following powers and duties in their conduct of City business:
1. Prepare for, attend and participate in, meetings of the City Council, Council subcommittees, and such other State or regional boards or commissions to which they are appointed;
2. Solicit and give due consideration to input from residents and businesses within the City, City staff and consultants, and other stakeholders with interests in City matters,
3. Make recommendations on matters of policy and programs which require City Council action;
4. Comply with all Applicable Laws, including the provisions of this Charter, the City Code and all adopted City policies;
5. Place the interests of the City above their own personal interests; and all adopted City policies;
6. Report to the City Council on the occurrence of any event listed in Section 205.1 of this Charter which may result in their disqualification from office no later than fifteen (15) days after the date of such occurrence.
In addition, in all interactions with each other, City staff and the public, City Council members (including the Mayor) are expected to conduct themselves in a professional and courteous manner.
c. Limitations on Authority. Neither the City Council nor any of its members shall order or request the appointment of any person to an office or employment or any person’s removal therefrom, by the City Manager, or by any of the department heads in the administrative service of the City. Except for the purpose of inquiry, or as may be expressly approved by the City Manager, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member shall give orders to any subordinates of the City Manager,
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either publicly or privately. Any City Council ordinance or resolution that permits or takes any of the actions prohibited in this Section shall be void.
202.3 Chief of Police Powers and Duties.
The elected Chief of Police shall serve as the head of the Police Department of the City of Santa Clara (“Police Department”) responsible for the supervision, management and administration of the affairs of such department in accordance with the terms of this Charter and Applicable Laws. In this role, the Chief of Police shall have the power and be required to:
a. Preserve the public peace;
b. Execute and return all process issued to the Chief of Police by legal authority; and c. Exercise all the powers that are now or may hereafter be conferred upon sheriffs and other police officers by the laws of the State.
d. Update and advise the City Council and the City Manager, in their professional discretion, on matters relating to public safety and law enforcement.
202.4 City Clerk Powers and Duties.
a. City Clerk. The City Clerk, as an Elected Official, shall have the power and be required to:
1. Act as the City’s “Elections Official” with administrative authority over all City Elections in accordance with the terms of this Charter and Applicable Law.
2. Be the custodian of the City sealand oversee the use of the City seal to certify official City actions and records; and
3. Administer oaths for Elected Officials, and issue required affirmations, and affidavits pertaining to official City business.
4. The City Clerk shall consult with the Assistant City Clerk in their conduct of these duties and, with the concurrence of the Assistant City Clerk, may authorize the Assistant Clerk to assist with the performance of such duties.
b. Assistant City Clerk. The Assistant City Clerk, who shall be appointed by the City Manager, shall have the power and be required to:
1. Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council.
2. Maintain certified copies of all ordinances and resolutions with proof of publication where required by this Charter or Applicable Law
3. Maintain copies of all written contracts and official documents;
4. Keep all such records properly indexed and open to public inspection Charter-12 (Revised 7/23)
5. Administer oaths for appointed City officials;
6. Administer filing requirements imposed on Elected Officials and certain appointed officials under State and local conflict of interest and gift laws; and
7. In the event of a Vacancy in the City Clerk’s office, the City Clerk’s extended absence or an urgent necessity where the City Clerk is unavailable to act, take action with respect to City Clerk duties as necessary for continuity of City operations, the conduct of City Elections, or compliance with Applicable Law.
Section 203 Terms of Office
203.1 In General. Except as otherwise provided in this Charter, an Elected Official’s term shall be for a period of four years, The Elected Official’s term shall commence on the date the City Council certifies the results of their election and they are officially sworn in by the City Clerk, and shall terminate on the date the City Council certifies the election of their successor and their successor is sworn in.
203.2 Term Limits.
a. Mayor and Council Members. No person elected as a member of the City Council or as Mayor, shall be eligible to serve in such position for, for more than two (2) full terms in their lifetime (“Lifetime Term Limit”); provided, however, no amount of Council service occurring prior to the commencement of the Council term resulting from the November 2016 election shall be counted towards this Lifetime Term Limit. If a member of the City Council or Mayor serves a partial term in such position in excess of two (2) years, it shall be considered a full term for the purpose of this Section. For the avoidance of doubt, time served as Mayor shall not treated as time served on the Council, and time served on the Council shall not be treated as time served in the office of Mayor.
b. Chief of Police and City Clerk. There are no Lifetime Term Limits applicable to the positions of Chief of Police and City Clerk.
203.3 Additional Rules for Elected Official Candidacies and Holding Office.
a. No person shall be a candidate for more than one Elected Official position in the same election.
b. During their term, an incumbent Elected Official may run for a different Elected Official position if they are otherwise qualified to do so.
c. At no time shall any Elected Official hold more than one City elective office. If an Elected Official prevails in an election for a different Elected Official position, upon being sworn in for that position, they immediately forfeit their previous Elected Official seat.
d. No incumbent District City Council Member while serving in such office with an unexpired term of more than six months shall be a candidate for any other District Council office other than the one which such District City Council Member holds.
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Section 204 Compensation.
204.1 In General. Since July 1, 2019, the salary and benefits (collectively, “Total Compensation”) of all Elected Officials has been determined by Salary Setting Commission. The composition and operations of the Salary Setting Commission, and the manner in which they determine the Total Compensation for all such Elected Officials are set forth in Section 604.5 of this Charter, below.
204.2 Reductions for Unexcused Absences. If a member of the City Council, including the Mayor, does not attend all meetings of the City Council or study sessions called on order of the City Council and held during the month, the compensation to such City Council Member for such month shall be reduced by the sum of twenty-five dollars ($25.00) for each meeting or study session not attended unless their absence is excused by action of the City Council.
Section 205 Vacancies.
205.1 What Constitutes a Vacancy. An Elected Official shall be deemed to have vacated their office and no longer be qualified to hold such office as of the date such Elected Official:
1. no longer meets the qualifications necessary to hold their position under the terms of this Charter;
2. is convicted of (1) any felony, or (2) any misdemeanor involving moral turpitude or misconduct in office under Applicable Law;
3. is recalled from office by vote of the people;
4. resigns from office;
5. is sworn into to an office or position requiring the surrender of the City office (for example, an office that is determined to be an “incompatible office’ under State Law);
6. is removed from office by judicial procedure or other State Law proceeding;
7. for the Mayor or City Council, is absent, without the approval of the City Council per an approved Council policy, for five consecutive convened regular meetings;
8. is judicially determined to be physically or mentally incompetent;
9. becomes permanently disabled so as to be unable to perform their assigned duties as determined by an affirmative vote of at least five Council members, based on competent medical evidence, and after compliance with Applicable Law with respect to the provision of reasonable accommodations;
10. dies.
205.2 Process for Filling Vacancies.
a. By Appointment. As soon as practical, but not later than thirty (30) calendar days after receiving notice of the occurrence of a vacancy in an elected office, the City Council shall adopt a Resolution declaring the existence of such vacancy (“Declaration of Vacancy”).
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Thereafter, in accordance with procedures adopted by the City Council, the Council shall solicit interest from qualified individuals in the vacant position, and from those qualified individuals expressing interest, appoint one individual to fill the vacancy. Such appointment shall be made by a four-fifths (4/5) vote of the remaining Council Members.
b. By Election. In the event the City Council shall fail to fill a vacancy by appointment within forty-five (45) days after the City Council’s Declaration of Vacancy, the City Council shall take such steps as are necessary to cause an election to be held to fill such vacancy at the next scheduled state-wide election.
205.3 Term for Appointed/Elected Council Members Filling Vacancies. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least one hundred thirty (130) days prior to the next General Election, the person appointed to fill the vacancy shall hold office until the next General Election that is scheduled one hundred thirty (130) or more days after the date the City Council is notified of the Vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified by City Council certification of the election and their swearing in. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
Article Three
City Elections
Section 300 In General.
City Elections for (a) Elected Officials (b) proposed amendments to this Charter, or (c) for other matters requiring a vote of the electorate, shall be conducted in accordance with the terms of this Charter and the State Elections Code. The provisions of the State Elections Code, as amended from time to time that are consistent with the terms of this Charter are hereby adopted. To the extent of any conflict between the terms of this Charter and the State Elections Code, the terms of this Charter shall govern; provided, however, in the event that it is necessary for the ROV to comply with a provision of the State Elections Code in order to administer a City Election, and such State Elections provision is inconsistent with a provision of this Charter, the necessary State Elections Code Section shall govern. Any policies or procedures adopted by the City Council or the City Clerk to implement City elections shall be consistent with the terms of this Charter.
Section 301 Regular and Special Elections.
A regular election shall be held in the City the first Tuesday following the first Monday in November of even numbered years to align with the regular elections of the State. The regular election shall be held for the election of each Elected Official whose term of office regularly expires at that time, and for such other lawful purposes as the City Council may prescribe or as may be required by law. Each such regular election shall be known as a “General Municipal Election of the City.”. Any other City Elections that may be called under the authority of this Charter, or the State Elections Code, shall be known as a ”Special City Election”.
Any Special City Election may be consolidated with a General City Election and either type of City Election may be consolidated with any State, County, or School District election held in the City, or part thereof, in which case only one ballot shall be printed for such consolidated election. No primary election shall be held for any City Election.
Section 302 Administration and Determination of Election Outcomes.
302.1 In General. City Elections shall be administered in accordance with the terms of this Charter by the County Registrar of Voters (“Registrar”) and the City Clerk, in consultation with the Charter-15 (Revised 7/23)
Assistant City Clerk as provided in Section 202.4, above. If an incumbent City Clerk is running for re- election, all matters relating to that City Clerk Election shall be administered by the Assistant City Clerk.
No error, omission or defect in the notice of elections shall be cause to invalidate any election held under the provisions of this Charter.
302.2 Election Outcomes. For election contests for all Elected Officials the winner shall be the person receiving the most votes cast as determined by the ROV. In the event of a tie, the City Clerk shall administer a process to determine the winner by lot. Elections for other matters shall be determined in accordance with the requirements of State Law.
302.3 Role of City Council. The City Council shall be responsible for certifying the outcome of all City Elections in accordance with the State Elections Code.
Section 303 City Council Members Nominated and Elected by Districts. 303.1 In General. The six District City Council Members shall be nominated and elected, respectively, by voters within the City’s six designated geographic districts (each a “City Council District” and collectively, the “City Council Districts.” Starting with the November 2022 City Election, the geographic boundaries of the six City Council Districts shall be those adopted by the City of Santa Clara Independent Redistricting Commission on February 28, 2022 and implemented by Ordinance No. 2044adopted by the City Council on April 5, 2022. These City Council District boundaries shall be used in each City Council election until such time that they may be amended through the redistricting process set forth in Section 304 of this Charter, below.
303.2 Staggering of City Council District Elections. City Council District elections shall be conducted as follows:
a. In the election to be held in November 2022 and in each Council District election held every four years thereafter the Council District elections shall be conducted as follows:
1. the voters of District 2 shall elect one (1) Council Member for a four-year term; and
2. the voters of District 3 shall elect one (1) Council Member for a four-year term.
b. In the election to be held in November 2024 and in each Council District election held every four years thereafter the Council District elections shall be conducted as follows:
1. the voters of District 1 shall elect one (1) Council Member for a four-year term;
2. the voters of District 4 shall elect one (1) Council Member for a four-year term; and
3. the voters of District 5 shall elect one (1) Council Member for a four-year term.
4. the voters of District 6 shall elect one (1) Council Member for a four- year term.
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Section 304 Redistricting
304.1 Redistricting Process. City Council Districts shall be subject to modification through a mandatory redistricting process using data obtained from each decennial federal census (“Mandatory Redistricting”). The City Council shall adopt by ordinance the terms and conditions for implementing Mandatory Redistricting. Such ordinance shall include provision for (a) the creation of an Redistricting Commission to oversee the process and to determine on its own, or make a recommendation to the City Council regarding any proposed City Council District boundary adjustments, (b) a timetable for completing the process that allows for implementation of any approved boundary adjustments for use at the first General Municipal Election of the City following the issuance of federal census data, in compliance with all Applicable Laws, and (c) such other provisions consistent with this Section that the Council deems necessary and appropriate to implement the Mandatory Redistricting process (“Redistricting Ordinance”). The Redistricting Ordinance may also include provisions for redistricting in the event that the boundaries of the City are adjusted to add or subtract territory.
304.2 Redistricting Impact on Incumbents. Upon any redistricting pursuant to the provisions of this Charter or any Redistricting Ordinances enacted hereunder, each incumbent member of the City Council will continue, during the remainder of the member’s term, to hold office and represent the District by which the member was elected prior to such redistricting, notwithstanding any provision of Section 201.1.a requiring a member to be a Resident of the District represented by such member.
Article Four
City Council Meetings/Actions
Section 400 In General.
The City Council shall exercise its authority under the terms of this Charter through actions taken at properly noticed and agendized public meetings held in accordance with the requirements of the Ralph M.
Brown Act, California Government Code Sections 54590 through 54955 (“Brown Act”), and the terms of this Charter. To the extent of any conflict between the Brown Act and the terms of this Charter, including any implementing City ordinances, regulations or policies, the terms of the Brown Act shall govern.
Section 401 Meeting Scheduling, Location and Noticing.
401.1 Regular Meetings. Except as otherwise provided, below, the City Council shall hold regular meetings at least twice each month, at such dates and times as it shall fix by ordinance or resolution For one month each calendar year the requirement to hold two regular meetings may be modified to require just one regular meeting [and one special meeting] in order to accommodate holidays or other scheduling requirements.
401.2 Special Meetings. In addition to regularly scheduled meetings, special meetings of the City Council may be called at any time by the Mayor, or by four members of the City Council, as provided under the Brown Act and any consistent Local Laws., Subject to Applicable Law, except as provided in this Charter, any Council action that may be taken at a regular meeting may also be taken at a special meeting.
401.3 Place of Meetings. All meetings of the City Council shall be held within the boundaries of the City except as may be authorized under the terms of the Brown Act.
401.4 Noticing. Advance notice of all regular and special City Council meetings shall be provided as required under the Brown Act. As of the Effective Date of this Charter, this advance notice requirement is 72 hours for Regular Meetings and 24 hours for Special Meetings. In addition to providing
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Brown Act required noticing, the City shall also provide notices of City Council meetings as may be required under Section 904 of this Charter, below.
Section 402 Procedures and Requirements for Action.
402.1 Quorum. A majority of the members of the City Council shall constitute a quorum for the transaction of City business, but less than a quorum may act to adjourn from time to time. For so long as the City Council is comprised of seven Council Members (the Mayor plus the six City Council Members representing Districts), four City Council Members shall constitute a quorum. The vacancy of one or more City Council seats shall not alter this quorum requirement. An abstaining Council Member who is present shall be counted towards the quorum requirement, but their abstention on any matter shall not be counted as a vote either in favor or against such matter or alter the number of affirmative votes required. (See Section 402.3, below for City Council voting requirements.)
402.2 Rules and Records of Proceedings. The City Council shall establish rules for the conduct of its proceedings consistent with the terms of this Charter.
As provided in Charter Section 202.4, above, the Assistant City Clerk shall assist with the administration of City Council meetings, including the taking of votes and maintaining an accurate record of all actions taken.
402.3 Action by Ordinance or Resolution. Unless otherwise required by Applicable Law, or another provision of this Charter, City Council actions shall require the affirmative votes of four City Council Members and shall be taken through Council adoption of an Ordinance or a Resolution. An oral motion or order duly passed by the City Council and entered in the minutes of the Council, commonly referred to as a “Minutes Resolution” shall have the same force and effect as a written Resolution duly introduced and passed by said City Council and shall be deemed to be a Resolution for all purposes.
Section 403 Special Rules for Ordinances.
403.1 Adoption Ordinances are local laws enacted by the City Council. They are legally binding on residents, businesses, and visitors and typically cover issues such as zoning, building codes, public safety, and local conduct, or other actions where State Law requires an ordinance for action. In general, except for emergency ordinances as provided in Section 403.4, below, City ordinances must be adopted in a two-step process. First, the City Council must approve the introduction of an ordinance. Second, no sooner than five days thereafter, the City Council shall again consider the proposed ordinance and take final action to adopt or reject it. In the event that an ordinance is modified after its initial introduction, it must again be introduced before it can be adopted. The correction of typographical or clerical errors shall not constitute the making of a modification for purposes requiring re-introduction under the terms of this Section. City ordinances shall only be adopted at regular meetings unless such adoption at a special meeting is determined by the City Council to be of urgent necessity and is approved by five affirmative votes.
403.2 Repeal or Amendment The process for repealing or amending an ordinance shall be the same process set forth above for approving an ordinance. . Any ordinance amendment must clearly present any proposed changes.
403.3 Effective Date Ordinances shall become effective thirty (30) days after their final adoption, except the following, which shall take effect immediately upon adoption:
a. An ordinance calling or otherwise relating to an election; Charter-18 (Revised 7/23)
b. An improvement proceeding ordinance adopted under the terms of a State Law or Local Law;
c. An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property; or
d. An emergency ordinance adopted in the manner provided in Section 403.4, below.
403.4 Emergency Ordinances. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety, property or welfare and containing a statement of the reasons for its urgency may be introduced and adopted by the City Council at the same meeting with five affirmative votes.
403.5 Posting and Publication After completing the ordinance approval process required in Section 403.1 above, for each adopted ordinance, the Assistant City Clerk shall prepare a notice of adoption (“Notice of Ordinance Adoption”). Each Notice of Ordinance Adoption shall contain the title of such ordinance, the date of its adoption, a brief summary of the ordinance and a statement that a copy of the adopted ordinance is available at the City Clerk’s office and on the City’s website for public review. Not more than fifteen (15) days after its adoption the Assistant City Clerk shall cause the Notice of Ordinance Adoption to be (1) posted in three public places in the City, and (2) published in an Official Newspaper. In addition, the City Clerk shall post the Notice of Ordinance Adoption on the City’s website, along with a digital copy of the adopted ordinance, and have a physical copy of the adopted ordinance available for review at the Clerk’s office.
403.6 Codification of Ordinances. Any or all properly enacted and unrepealed ordinances of the City may be compiled, consolidated, revised and indexed, including such restatements and substantive changes as are necessary for clarity in a comprehensive City Code.
The City Clerk’s Office shall maintain a copy of the City Code in the City Clerk’s Office and on the City’s website for examination by the public. Any amendments to the City Code shall only be done by ordinance in a form that clearly indicates the changes being made and, as appropriate, the full readoption of any revised City Code section or sections.
403.7 Adoption of Printed or State Adopted Uniform Building Codes, etc. Ordinances establishing rules and regulations for the construction of buildings, the installation of plumbing, the installation of electric wiring, or other similar work, where such rules and regulations have been printed as a code in book form or adopted by the State, may be adopted, in whole or in part, by reference by the passage of an ordinance in the same manner as other ordinances of the City. At least one physical copy of any code so adopted shall be made available in the City Clerk’s office for public review and posted and accessible on the City’s website.
Article Five
Structure of City Government
Section 500 In General
500.1 Organization by Departments. The City government shall be organized into departments as provided in this Article Five. In addition to those departments specifically enumerated in this Charter, the City Council may provide by ordinance for the creation, consolidation or abolishment of other City departments or offices. Unless otherwise provided by the terms of this Charter, each department shall be headed by a department head or officer appointed and supervised by the City Manager.
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500.2 Administrative Code. The details of the City’s organization and operations shall be adopted by ordinance and set forth in one or more Articles within the City Code. (“Administrative Code”).
The Administrative Code will cover all matters concerning the specific powers, duties, term of office, procedure of all the officers, boards and commissions, and employees of the City; provided, however, that the provisions of said code shall not be in conflict with any of the provisions of this Charter or other Applicable Law. This Administrative Code will also cover all rules and regulations relating to fiscal operations, personnel management, election procedure, and other matters concerning the operation of the functions of the City government. The Administrative Code shall be reviewed and updated from time to time to align with then current City operations and best practices.
Section 501 Officers to be Appointed by the City Council
On the terms set forth in this Section, the City Council shall appoint a City Manager, a City Attorney and a City Auditor (each an “Appointed Officer,” and collectively the “Appointed Officers”). Each Appointed Officer shall be selected based on their professional qualifications and compensated commensurate with their respective duties on terms approved by the City Council at a public meeting. All Appointed Officers shall serve at the pleasure of the City Council and may be removed by motion of the City Council adopted by at least four affirmative votes and subject to any process required by Applicable Law. The primary duties of each Appointed Officer are set forth below. The City Council may also assign additional duties consistent with the terms of this Charter by ordinance, resolution or contract of employment.
501.1 City Manager. The City Manager shall be chief executive officer and the head of the administrative branch of the City government, accountable to the City Council for the proper administration of all affairs of the City. In this role, in accordance with all Applicable Laws, the City Manager shall have the power and be required to:
a. Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, except as otherwise provided by this Charter, and except as the City Manager may delegate authority to the head of a department or office to appoint and remove subordinates in such department or office. No person related to the then currently serving City Manager by blood or by marriage shall be eligible for office or employment with the City government.
b. Prepare , submit for Council adoption and administer the City budget in accordance with the provisions of Sections of this Charter.
c. Manage the City-owned utilities, including the water and power departments, in a business- like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City.
d. Manage, or contract for the management of, all City enterprises, including the City’s Convention Center, and any Joint Powers Authority formed by the City for the management of a City function or enterprise.
e. Cause the Director of Finance to prepare and submit to the City Council as soon as practicable following the close of each fiscal year a complete financial report for the preceding fiscal year.
f. Keep the City Council advised of the financial condition and future needs of the City and make such recommendations for laws, policies or other actions as the City Manager determines, in their professional judgement to be in the best interests of the City.
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g. Take such actions the City Manager determines necessary or appropriate, to (i) assure the high quality performance of services by every City department or division, (ii) compliance with the terms of any contract or other or obligation owed to the City, and (iii) compliance with the City Code
h. Perform such other duties as may be prescribed by this Charter, required by the City Council, or deemed necessary in the City Manager’s professional judgement, that are not inconsistent with this Charter.
i. Prescribe such general rules and regulations as the City Manager may deem necessary or appropriate for the general conduct of the administrative offices and departments of the City under their jurisdiction.
j. Appoint one of the other officers of the City to serve as the acting City Manager during any temporary absence or disability of the City Manager; provided, however, that any such appointment expected to be longer than thirty (30) days shall be subject to City Council approval.
k. Attend and advise, with appropriate staff support, all City Council meetings.
501.2 City Attorney. The City Attorney shall serve as the lawyer for the City, including all of its enterprise and authorities, and be the Director of the City Attorney’s Office. In this role, the City Attorney shall have the power and be required to:
a. Represent and advise the City Council and all City officers in all matters of law pertaining to their offices;
b. Represent and appear for the City and any City officer or employee or former City officer or employee, in any or all actions and proceedings in which the City or any such officer or employee in or by reason of their official capacity acting in good faith on behalf of the City, is concerned or is a party;
c. Subject to City Council approval, initiate administrative proceedings or litigation on behalf of the City in order to defend or advance City’s lawful interests or objectives;
d. Subject to City Council approval of positions and funding, and in consultation with the City Manager, act as the appointing authority for unclassified employees (lawyers and other legal staff) in the City Attorney’s Office and employ contract attorneys as the City Attorney may deem necessary and appropriate to take charge of any litigation or other legal matter to assist the City Attorney in the performance of their duties;
e. Attend and advise at all meetings of the City Council
f. Provide advice or legal opinions in writing whenever requested to do so by the City Council, or as may be necessary and appropriate to advise any of the boards or officers of the City;
g. Approve in writing the form of all contracts and other binding legal documents approved or entered into by the City;
h. Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto;
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i. Prosecute on behalf of the people all civil and criminal cases for violation of City ordinances;
j. Where a conflict exists, facilitate a referral to qualified outside counsel or an enforcement agency with jurisdiction; and
k. On vacating the office, surrender to the City Attorney’s successor, all books, papers, files, and documents pertaining to the City’s affairs.
To be eligible for appointment as City Attorney, the appointee shall have been admitted to practice as an attorney at law in State of California, and shall have been engaged in the active practice of law for at least seven (7) years immediately prior to the City Attorney’s appointment with such additional qualifications as may be approved by the City Council commensurate with the demands of the position.
501.3 City Auditor The City Auditor shall serve as the independent auditor of City finances, and City’s performance of certain internal functions, with the goal of evaluating and ultimately improving such performance. In this role, the City Auditor shall have the power and be required to:
a. Audit and approve all bills, invoices, payrolls, demands or charges against the City government before payment and, with the advice of the City Attorney, advise the City’s Audit Committee and the City Council as to the regularity, legality and correctness of such claims, demands or charges;
b. Develop, using risk-based methodology, and present to the City’s Audit Committee for approval, an annual work plan for the audit of internal City operations, to be submitted to the City Council (“Approved Annual Work Plan”);
c. Implement, or oversee the implementation of, the Approved Annual Work Plan, and such other performance audits as may be necessary or appropriate in the City Auditor’s professional discretion.
d. Conduct themselves in strict conformance with all applicable professional and ethical standards consistent with best practices.
In the absence of a City Council appointed City Auditor, the City Council may, in its discretion, approve the assignment to any other officer or employee of the City the duties of the City Auditor and approve additional compensation for the performance of such duties.
Section 502 Officers and Employees to be Appointed by the City Manager.
On the terms set forth in this Section, all department heads or division leaders of the City that are not elected or appointed by the City Council (“Senior Officials”) shall be appointed by the City Manager. Subject to the terms of Article Seven, Civil Service, below, all such Senior Officials shall be in the “Unclassified Service.” Each such Senior Official shall perform the duties imposed upon that officer by this Charter, and under the terms of any ordinance, resolution, or City Manager policy or directive, lawfully issued consistent with the terms of this Charter.
502.1 Department and Director of Finance. There shall be a Department of Finance, the head of which shall be the Director of Finance, who shall be appointed by the City Manager. Under the supervision of the City Manager the Director of Finance shall have charge of the administration of all City finances, including the finances of any City-owned public utilities and other City enterprises. In this role, for the City and for all City offices, departments and agencies under City’s control, the Director of Finance shall have power and be required to:
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a. Assist with the preparation, submittal for approval, and implementation of the City Budget as provided in Section 801 below ;
b. Supervise and be responsible for the disbursement of all monies in conformance with the approved City Budget;
c. Maintain a general accounting system, keep financial records, prescribe financial forms ,and exercise financial budgetary control;
d. Submit to the City Council, through the City Manager, a monthly financial report with sufficient detail to show the current fiscal condition of the City;
e. Submit to the City Council, through the City Manager, a complete financial statement and report for the previous fiscal year;
f. Collect all taxes, special assessments, utility charges, license fees, contract payments, and other revenues of the City for whose collection the City is responsible and receive all money to which the City is entitled or has been granted from any other government agencies, private party or from any court or awarding authority; g. Have custody as a fiduciary of all monies received by the City from any source and either deposit or invest such funds;
h. Serve as the City’s Treasurer in all respects, where required in City’s financial dealings, including in any public financing.
i. Oversee the City’s centralized purchasing system as provided in Charter Section 803.1, below.
All such duties shall be conducted in accordance with Applicable Law and best practices applicable to local government agency operations and finances, as determined in the professional discretion of the Director of Finance, or as may be set forth in adopted City policies.
502.2 Department and Director of Public Works. There shall be a Department of Public Works, the head of which shall be the Director of Public Works, who shall be appointed by the City Manager. . Under the supervision of the City Manager, the Director of Public Works shall have charge of the design, construction, improvement, maintenance and repair of City facilities and infrastructure, including related engineering functions and approvals. In this role, in addition to the aforementioned duties, the Director of Public Works shall have the power and be required to:
a. Where outside contractors are necessary or desirable for the implementation of Public Works, oversee the City’s Public Works procurement process in accordance with Charter Section 803.2, below; and
b. Serve as or consult with the City Manager in the appointment of the City Engineer, to oversee all necessary and appropriate City engineering services, including the approval of engineering maps, surveys, designs and permits; any City Engineer must be a registered professional engineer in the State of California.
502.3 Chief of the Fire Department. There shall be a Fire Department, the head of which shall be the Chief of the Fire Department (“Fire Chief”), who shall be appointed by the City Manager. Under the supervision of the City Manager, the Fire Chief shall have the power and be required to:
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a. Supervise all matters relating to the prevention and extinguishing of fires and the protection of property from fire risks and damage;
b. Supervise all matters relating to emergency medical response and transportation services, including coordination with regional and local public and private agencies to assure high quality and efficient delivery of such services;
c. Develop and administer programs for inspection of property within the City to enforce fire prevention and related safety regulations; and
d. Develop and administer such other services or programs as may be approved and funded by the City Council consistent with a modern “all risk” fire service, including, without limitation, mutual aid services, hazardous materials regulation and response, and rescue operations.
Section 503 Employee Performance Bonds.
503.1 In General. The City Council may approve by ordinance or resolution a policy requiring the posting of faithful performance bonds with respect to certain officers and employees within the City (“Employee Performance Bonds”). Any such policy shall, at a minimum, include provision for (1) the City positions covered, (2) the amount and required terms for bonds, and (3) the standards for any issuer of such bonds. Any premiums for Employee Performance Bonds shall be paid by the City.
503.2 Form and Filing. All Employee Performance Bonds s shall be approved as to form by the City Attorney, and shall be filed with the City Clerk, except that any bond required of the City Clerk or any employee of the City Clerk’s office shall be filed with the City Manager.
503.3 Limited Liability of Supervisor. In all cases wherein an officer or employee of the City is required to furnish an Employee Performance Bond, there shall be no personal liability upon, or right to recover against, that person’s supervisor ,or the bond of the bonded officer or employee, for any wrongful act or omission of the supervisor, unless the supervisor was a party to, or conspired in, such wrongful act or omission.
503.4 Relationship to State Law. In the absence of a City Council approved policy with respect to Employee Performance Bonds, the provisions of General City Laws shall apply.
Article Six
Boards and Commissions
Section 600 In general.
600.1 Chartered Boards and Commissions. The City shall have the following boards and commissions: Planning Commission, Parks and Recreation Commission, Board of Library Trustees, Civil Service Commission, and the Salary Setting Commission] (collectively, the “Chartered Boards and Commissions”). Chartered Boards and Commissions shall have the powers and duties (1) set forth in this Article, and (2) such additional powers and duties, consistent with the terms of this Article, as the City Council may assign by ordinance. . .
600.2 City Council Created Boards and Commissions. The City Council may also create, by ordinance additional boards or commissions as in its judgment are required or useful, with such powers and duties Council may assign, are consistent with the provisions of this Charter and Applicable Law (“Council Created Boards and Commissions”). Unless the City Council otherwise provides by ordinance
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all terms and conditions of this Charter applicable to Chartered Boards and Commissions shall also apply to Council Created Boards and Commissions.
600.3 Qualifications.
a. To be qualified all members of Chartered Boards and Commissions shall be Qualified Electors and Residents of the City. No member of any Chartered Board or Commission shall simultaneously be a paid employee of the City.
b. Unless otherwise specified by the City Council by ordinance, members of Council Created Boards and Commissions need only be residents of the City and 18 years of age or older.
600.4 Compensation. The members of boards and commissions shall serve without compensation for their services, but may receive reimbursement for necessary traveling and other expenses when on official duty in accordance with an approved budget and policies and procedures approved by the City Council.
600.5 Rules of General Application. Where terms of this Charter are intended to apply to both Chartered Boards and Commissions and City Council Created Boards and Commissions, such boards and commissions shall be collectively referred to as “City Boards and Commissions” and the members thereof as “Board and Commission Members.”
600.6 Conflict of Interest Rules. City Boards and Commissions members shall be subject to all Applicable Laws regarding conflicts of interest and gifts, including any Local Laws.
Section 601 Funding and Staff Support
The City Council shall provide in the City’s budget sufficient funds and staffing resources necessary for the efficient and proper functioning of all City Boards and Commissions
Section 602 Appointments; Terms and Vacancies.
Section 602.1 Appointment; Removal. Except as otherwise provided in this Article, the members of City Boards or Commissions shall be appointed, and shall be subject to removal, by motion of the City Council adopted by at least four affirmative votes. The decision to appoint, reappoint, or remove any board or commission member shall be in the sole discretion of the City Council. Consistent with the requirements of State Law and the terms of this Charter, the City Council shall approve policies for the appointment, reappointment and removal of Boards and Commission Members in an orderly and transparent manner.
Section 602.2 Terms of Service; Term Limits. Except as otherwise provided in this Article, City Boards and Commission Members terms shall be four years, commencing upon their appointment and swearing in, and continuing until their respective successors are appointed and sworn in. For any newly created City Board or Commission, the members first appointed shall classify themselves by lot in order to stagger their terms such that each succeeding July 1st the term of at least one of their members shall expire. Unless otherwise provided by City Council ordinance the Lifetime Term Limit rules applicable to Elected Officials shall also apply to City Boards and Commission Members; provided, however, time served on one City Board or Commission shall not count towards any time served on any other City Board or Commission.
Section 602.3 Vacancies. A City Boards and Commission Member’s seat shall be considered “Vacant” upon the occurrence of any “Event of Vacancy” provided in Charter Section 205, above. In Charter-25 (Revised 7/23)
addition, if a board or commission member is absent from three regular meetings of such board or commission, consecutively, unless excused by such board or commission expressed in its official minutes in accordance with policies that shall be approved by the City Council, that member’s position shall be considered Vacant upon declaration of the City Council.
Section 602.4 Filling of Vacancies. Any vacancies in any board or commission position from whatever cause arising, shall be filled in the same manner as provided for the original appointment of such position. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term.
Section 603 Conduct of Meetings.
603.1 Meetings. Each City Board and Commission shall hold regular meetings as required by ordinance or resolution of the City Council, and such special meetings as it may require to perform its assigned duties. All proceedings shall be conducted in accordance with (1) the Brown Act and shall be open to the public unless otherwise permitted under the Brown Act, and (2) any other meeting requirements adopted by the Council from time to time consistent with the terms of this Charter and Applicable Law.
603.2 Chair. As soon as practicable, following the first day of July of every year, each boards and commissions shall elect one of its members as “Chair” to serve as its presiding officer for that year at the pleasure of such board or commission. .
603.3 Actions. The affirmative or negative vote of a majority of the authorized number of members of City Board or Commission shall be necessary for it to take action. Each board or commission shall keep a record of its proceedings and actions.
603.4 Additional Rules and Procedures. Consistent with the terms hereof, the City Council may adopt additional rules and procedures for the conduct of meetings and the taking of actions by City Boards and Commissions.
Section 604 Composition, Powers and Duties of the Chartered Boards and Commissions.
The Chartered Boards and Commissions shall be composed and have the powers and duties set forth below.
The City Council may assign additional powers or duties not inconsistent with this Charter as may be prescribed by ordinance.
604.1 Planning Commission
a. Composition. The Planning Commission shall consist of seven members to be appointed by the City Council from the Qualified Electors of the City.
b. Powers and Duties. The Planning Commission shall have power and be required to:
1. Long Range Planning. Review and make recommendations to the City Council regarding any proposed adoption, amendment, or repeal of all or any portion of the City’s General Plan or any other master plan for the physical development of the City;
2. Zoning. Review and make recommendations to the City Council regarding the City land use and zoning regulations;
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3. Permits and Approvals. Exercise such functions as the City Council may prescribe by ordinance with respect to land subdivisions, precise plans, specific plans, zoning modifications, conditional use permits, variances, or such other land use or development permits required or available under the City Code (“Project Permit or Approval”) ;
4. Environmental Policies and Impacts. Exercise such functions for recommendations or determinations regarding City environmental policies or programs, and the environmental impacts of proposed projects under the California Environmental Quality Act (“CEQA”) as the City Council may prescribe by ordinance or as required by Applicable Law;
5. Solicitation and Consideration of Public Input. In accordance with City policies and Applicable Law, solicit and give due consideration to public input regarding any proposed land use policy change, project or permit before the Planning Commission; and make recommendations to the City Council regarding City policies for the solicitation of public input;
6. Other. Perform such other related duties or functions as may be required by Applicable Law or assigned by the City Council by ordinance consistent with the provisions of this Charter.
c. City Council Deference. The City Council, in its consideration of any appeal of a lawful determination by the Planning Commission with respect to a Project Permit or Approval shall give due consideration to the Planning Commission determination.
604.2 Parks and Recreation Commission.
a. Composition. The Parks and Recreation Commission shall consist of seven members to be appointed by the City Council from the Qualified Electors of the City.
b. Powers and Duties. The Parks and Recreation Commission shall have power and be required to:
1. Act in advisory capacity to the City Council and staff regarding major improvements to public parks, , playgrounds, and sports/recreation facilities;
2. Review any proposed operations and capital budgets for the Parks and Recreation Department during the process of their preparation and make recommendations on such budget(s)to City staff and the City Council; and
3. Review any proposed Parks and Recreation Master Plan, or any amendments thereto, and make recommendations on such plan or amendments to City staff and the City Council ;
4. Review and provide input to City staff on plans for City-wide recreation programs and ways to promote and stimulate public interest in such programs;
5. When requested by City Council or staff, provide input on proposals for City-wide events using City parks and recreation facilities or resources; Charter-27 (Revised 7/23)
6. Assist with and encourage the development of cooperation with school authorities and other public and private entities interested in parks and recreation facilities and programs .
604.3 Civil Service Commission.
a. Composition. The Civil Service Commission shall consist of five members to be appointed by the City Council from the Qualified Electors of the City.
b. Powers and Duties. All appointments and promotions in the classified public service shall be made for the good of that service, and solely upon merit and fitness, as established by appropriate test of qualifications, without regard to partisan politics, and in a non- discriminatory manner in accordance with all Applicable Laws. In furtherance of this purpose, the Civil Service Commission shall:
1. Perform those functions and duties as required und the Civil Service Rules and Regulations, as adopted and amended by the City Council.
2. Act as Board of Review to hear petitions by classified employees, and applicants for classified positions, to grant or deny such petitions pursuant to the Civil Service Rules and Regulations and to adopt and amend procedures for conduction hearings on such positions.
c. Appointment of Salary Setting Commission: The Civil Service Commission shall act to appoint and remove members of the Salary Setting Commission.
604.4 Board of Library Trustees.
a. Composition. The Board of Library Trustees (BOLT) shall consist of seven members appointed by the City Council from the Qualified Electors of the City. below.
b. Powers and Duties. With respect to the Santa Clara Library System, the BOLT shall have power and be required to:
1. Approve or disapprove the appointment of a librarian who shall be the Director of the Santa Clara City Library system (Library Director) in accordance with a selection process developed and administered by the City Manager in consultation with the BOLT;
2. In consultation with the Library Director (1) assist with the development of policies for library operations with approval rights over policies regarding collection development, materials reconsideration, materials lending, patron conduct, and use of meeting rooms and grounds, subject, however, to compliance with Applicable Law and City-wide facility operations requirements (2) consider and make recommendations to the City Council regarding any library facilities or operational master or strategic plan; (3) consider and make recommendations to the City Council regarding the library budget; and (4) make recommendations regarding the proper allocation of “significant donations” (as may be defined by City Council policy) of money, personal property or real estate to the City earmarked for library purposes.
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3. Provide/present an annual report to the City Council as an agendized item at a City Council meeting regarding the state of the Santa Clara Library system.
604.5 Salary Setting Commission
a. Composition and Appointment. The Salary Setting Commission shall consist of five members to be appointed by the Civil Service Commission from the Qualified Electors of the City. The City Manager and the City Attorney, or their designees, shall provide support for this Commission as necessary and appropriate.
b. Power. The Salary Setting Commission shall have the power and be required to establish the salary and benefits (“Total Compensation”) of the Mayor, the City Council, the Chief of Police and the City Clerk (collectively, the “City Elected Officials”). They shall do so in accordance with the following process:
1. On or before March 15 of every odd year, the Salary Setting Commission shall meet as necessary to evaluate the existing Total Compensation of the City Elected Officials and determine what, if any adjustments should be made to such compensation.
2. Salaries established by the Commission as part of the Total Compensation shall not exceed one hundred ten percent (110%) of the previous salary figure.
3. The Salary Setting Commission determination of Total Compensation for the City Officials shall go into effect for the period commencing July 1 of that odd year and ending two years thereafter.
4. All determinations shall be final, with City Council action limited to ratification of such determinations as required by Applicable Law.
c. Special Rules for Benefits for Part Time Officials. Any “benefits” established by the Commission for the Mayor, City Council and the City Clerk shall be limited to (1) health benefits, including medical, dental and vision (collectively, “Health Benefits”); and (2) retirement benefits on an opt-in basis in accordance with the City’s then in effect retirement system. In no event shall any Health Benefits provided be convertible to cash.
Section 605 Committees.
The City Council may also create by resolution (a) subcommittees of the City Council, or (b) committees of limited duration (not to exceed 24 months) comprised of a combination of Council Members and private individuals, or solely private individuals, in each case that are advisory to the City Council. The composition and role and function of such committees shall be as set forth in the enacting resolution. Any such committee must be formed and operated in accordance with all Applicable Laws including the Brown Act.
Article Seven.
Civil Service
Sec. 700 Civil service; merit principle.
Appointments and promotions in the classified service of the City shall be made for the good of that service, solely upon merit and fitness, as established by appropriate test of qualifications, without regard to partisan Charter-29 (Revised 7/23)
politics, in a non-discriminatory manner, in accordance with all Applicable Laws, and shall be subject to the provisions of the Civil Service Rules and Regulations duly adopted by the City Council.
Sec. 701 Classified service.
The civil service of the City shall be divided into the unclassified and classified service. a. The unclassified service shall comprise the following offices and positions:
1. All elective officers;
2. City Manager;
3. City Attorney;
4. City Clerk;
5. City Auditor;
6. The head of each department, including but not limited to, the Director of Finance, Director of Public Works and Utilities, City Engineer, Chief of the Police Department, Chief of the Fire Department;
7. The Assistant City Manager, Assistant City Attorney, and Assistant Department Heads, whenever so designated by the City Council;
8. All members of boards and commissions;
9. Persons employed for a temporary or special purpose, for a period not to exceed six months in any one calendar year, if the City Manager certifies that such employment is temporary and that the work shall not be performed by employees in the classified service;
10. Persons employed to render professional, scientific, technical or expert service of an occasional and exceptional character;
11. Volunteer members of the Fire Department and Police Reserve; and,
12. The City Council by ordinance may divide or separate any department of the City into divisions and by ordinance may provide that the employee selected to be the head of any such division shall be in the unclassified service.
b. The classified service shall comprise all positions not specifically included in this section in the unclassified service.
Sec. 702 Appointments from classified to the unclassified service.
In the event an officer or employee of the City holding a position in the classified service is appointed to a position in the unclassified service, and should subsequently be removed therefrom, the officer or employee shall revert to the officer or employee’s former position in the classified service without loss of any rights or privileges and upon the same terms and conditions as if the officer or employee had remained in said position continuously. Should such person be eligible for retirement under the retirement system at the time
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of such subsequent removal, upon recommendation of the City Manager, that person shall be retired in lieu of being restored to the former position.
Sec. 703 Classification.
The City Manager shall prepare and submit to the City Council a plan of classification and grading of all positions in the City Service according to similarity of authority, duties and responsibilities. Such classification plan shall take effect when adopted by the City Council. Additions or changes in the classification plan may be adopted from time to time by the City Council upon the recommendation of the City Manager.
Sec. 704 Pay plan.
The City Manager shall prepare and submit to the City Council a standard schedule of pay for each position in the classified service. Such pay plan when adopted by the City Council shall include a minimum and maxi- mum and such intermediate rates as may be deemed desirable for each class of positions.
Amendments to the pay schedule may be adopted from time to time upon the recommendation of the City Manager.
Sec. 705 Civil service rules and regulations.
The City Council shall adopt civil service rules and regulations governing the administration of the City civil service system to implement the provisions of this Article.
Sec. 706 Prohibitions.
No person shall willfully make any false statement, certificate, mark, rating or report in regard to any application, test, certification, or appointment held or made pursuant to Article Seven of this Charter or in any manner commit or attempt any fraud preventing the impartial execution of the provisions of this Article Seven.
Any person who individually or with others willfully violates any of the provisions of this Article shall be guilty of a misdemeanor and the penalty therefor shall be the same as established for misdemeanors under State law. Any person convicted hereunder, or any person found by the Civil Service Commission to have violated the provisions of this Article Seven, shall be ineligible for a period of five years for employment in the City service and shall, if that person is an officer or employee of the City, immediately forfeit that person’s office or position.
Sec. 707 Contract for administrative services.
The City Council, upon recommendation of the City Manager, may contract with the governing body of any other city, or county within this state, or with any state department, or with any private or governmental agency for the furnishing of administrative, fiscal, or personnel services.
Section 708 Retirement
708.1 State system. The State “Public Employees’ Retirement Law,” (“Retirement Law”) as it now exists or may hereafter be amended, is hereby adopted for the City and plenary authority and power are hereby vested in the City, the City Council and its several officers, agents and employees at their discretion to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of the Retirement Law, to enable City to become or continue as a contracting City participating in the Public Employees’ Retirement System; provided, however, that the City Council may terminate any contract entered into with the Board of Administration of the Public Employees’ Retirement
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System only under authority granted by ordinance adopted by a majority vote of the Qualified Electors voting on such proposition at an election at which such proposal is presented.
Article Eight. Fiscal Administration and Procurement
Section 800 Fiscal year.
Unless otherwise provided by ordinance, the fiscal year of the City government shall begin on the first day of July of each year and end on the 30th day of June of the following year.
Section 801 Budget Preparation, Approval and Implementation
801.1 In General. The City shall have in effect, at all times, an approved budget, setting forth the City’s program for expenditures for the then applicable fiscal year (“City Budget”).
801.2 City Manager to Prepare. The City Budget shall be prepared by the City Manager and approved by the City Council every year (annually) or every two years (biennially) as determined by City Council policy. The City Manager shall cause the preparation of the City Budget in consultation with the Director of Finance and all other City departments in consideration of their requests for expenditures and projected revenues in the upcoming fiscal year(s). The City Budget may be comprised of an operating budget and a capital budget approved in alternating biennial budget cycles.
801.3 Budget Contents. The City Budget shall contain provisions to fund (1) City operations, programs and services; (2) City facility and infrastructure improvements, maintenance and repair; (3) reserve accounts to cover future anticipated or unexpected operational or capital needs (“Reserve Accounts”); and (4) such other lawful projects or programs approved by the City Council. Reserve Accounts shall be funded at levels determined by the City Council, in accordance with adopted City Council policies, and in consideration of recommendations by the City Manager and Director of Finance regarding best practices and available funds. To the extent required by Applicable Law, Applicable Government Accounting Standards, or as otherwise determined necessary or appropriate by City Council policy, the City Budget shall also include separate accounts tracking revenues and expenditures for certain City functions or enterprises, including City utilities. Additional provisions for the accounting and use of utilities revenues are set forth in Section 804, below.
801.4 Budget Approval Process.
a. Proposed Budget Submittal by the City Manager. At least forty-five (45) days prior to the beginning of each fiscal year, ear the City Manager shall submit to the City Council the proposed budget for their consideration and input..
b. City Council Proposed Revisions and Notice of Public Hearing. After reviewing the proposed budget and proposing such revisions or recommendations as it may deem advisable, the City Council shall set the time and date for the holding of a public hearing on the proposed budget. Not less than 10 days prior to the date of such hearing, the City Manager shall (1) cause notice of the hearing to be published in an Official Newspaper ,and distributed as provided in Section 904,2, below; and (2) make copies of the proposed budget available for inspection by the public in the office of the City Clerk and accessible on the City’s website..
c. Public Hearing and Adoption. At the public hearing, the City Council shall hear and give due consideration to all testimony presented by City staff and the public.
Charter-32 (Revised 7/23)
After the conclusion of the public hearing, the City Council shall further consider the proposed budget and make any final revisions that it may deem advisable. On or before June 30 of each year in which the previous approved City Budget is expiring, the City Council shall adopt the new City Budget by majority vote . Upon final adoption, the budget shall be in effect for the ensuing fiscal year (or years for a biennial budget. A copy of the approved City Budget, certified by the City Clerk, shall be posted on the City’s website, and maintained on file in the office of the City Clerk where it shall be available for inspection.
801.5 Budget Implementation. Upon the July 1 effective date of the adopted City Budget, the proposed expenditures set forth therein shall be Appropriated to the several funds, departments, offices and agencies for the purposes specified. The City Manager shall have the authority and responsibility to administer the approved City Budget in accordance with its terms. The City Manager’s administrative authority shall include the authority to reallocate money within the several funds, departments, offices and agencies; provided, however, any proposed reallocation of Appropriated funds from one department to another, or from one fund to another (including out of existing reserves or fund balances), shall require City Council approval of a budget amendment. At the end of each fiscal year, all Appropriations that have not been expended or encumbered (through a commitment to a future expenditure as part of an approved Capital Improvement Project or under contract with a third party), shall lapse. Funds with lapsed appropriations may not be expended until the City Council takes action to reappropriate such funds.
801.6 Budget Amendments. After the adoption of the City Budget, the City Council may amend the City Budget. Any budget amendment to authorize the reallocation of funds from one department to another or from one fund to another (including out of existing reserves or fund balances) shall require five affirmative votes. Budget amendments to Appropriate revenue not previously included in the adopted budget, [to reallocate funds no longer needed for their original Appropriated purpose], or to reduce a an appropriated expenditure based on projected reduced revenues, or to realize projected savings, shall only require four affirmative votes.
Section 802 Purchasing and Procurement
802.1 Goods and Services A centralized purchasing system shall be established for all City Departments, offices, and agencies. The City Manager, in consultation with the Director of Finance, shall recommend and the City Council shall consider and adopt by ordinance, rules and regulations governing the contracting for services and the purchasing, storage, distribution, or disposal of all supplies, materials and equipment, required by any department, office or agency of the City government.
802.2 Public Works
Every contract involving an expenditure of more than one thousand dollars ($1,000.00) for the construction or improvement, (excluding maintenance and repair), of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds (each a “Public Work” and collectively “Public Works”) shall be let to the lowest responsive and responsible bidder after notice by publication in an official newspaper by one or more insertions, the first of which shall be at least ten days before the time for opening bids.
The City Council may reject any and all bids presented and may re-advertise in its discretion.
For Public Works valued at less than $75,000, the City Council, without advertising for bids, or after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and upon such declaration may proceed to have said work done in the manner stated, without further observance of the provisions of this Section. Such contracts likewise may be let without advertising for bids, if such work shall be declared by adopted resolution of the City Council to be of urgent necessity for the Charter-33 (Revised 7/23)
preservation of life, health, public safety or property, including a statement of the facts constituting such urgency.
For purposes of this Section “Public Works” shall not include maintenance, repair, or restoration of City facilities or infrastructure, any minor improvements required for workspace modifications or installation of equipment, or the purchase of equipment when segregated from the Public Works contracting process.
802.3 Franchises. The City Council may by ordinance provide a procedure for the granting of franchises for the provision of City services or grant franchises pursuant to the procedure provided by the State Law. Franchises may be granted for the use by any public utility or other City service provider of the streets, public places or property of the City upon such terms, conditions, restrictions and limitations as may be prescribed by ordinance, or in the terms of a negotiated franchise agreement, but no franchise shall be granted without reserving to the City adequate compensation for the privilege conferred. In accordance with applicable City ordinances or State Law, such franchises may be granted exclusively, or non- exclusively, either for a fixed or an indeterminate term.
Section 803 Audit Requirements
803.1 In General. The City shall employ an independent Certified Public Accountant (“Independent Accountant”) who shall conduct an audit, at least annually, of the financial accounting records for all City operations, capital expenditures and enterprises. . Such audit shall be conducted in accordance with generally accepted auditing and accounting principles applicable to government agencies.
803.2 Reporting. As soon as practicable after the end of the fiscal year, a final audit and report (“Final Audit”) shall be submitted by the Independent Accountant to the City Manager ,the City Attorney and the City Audit Committee for review at a public meeting. The City Audit Committee may be a subcommittee of the City Council or an independent body appointed by the City Council. The Audit Committee shall review the Final Audit, hear public testimony, and cause the Final Audit to be transmitted to the City Council for action at a public meeting. At that time, one physical copy of the Final Audit shall be placed on file in the City Clerk’s office where it shall be available for public inspection, and an electronic version shall be posted on the City’s website.
Section 804 Special Rules for Utilities Expenditures and Revenues
Revenues from the utilities operated by the City shall be paid into the City Treasury and accounted for in separate funds for each such utility. Expenditures from such funds shall be made only for lawful purposes related to utility operations and capital requirements, including adequate reserves in accordance with the standards set forth in Section 801.3 above. In addition, as previously approved by the voters on November 8, 2022, five per cent (5%) of the gross receipts from such utilities shall be remitted to the general fund of the City to be used for general City purposes approved by the City Council; the use of such funds shall be subject, however, to any limitations contained in any resolution or indenture adopted prior to such voter approval.
Section 805 Finance and Tax Authority
805.1 Taxes, Assessments and Fees. Subject to and as authorized by all Applicable Laws, the City, with the approval of the City Council, shall have power to levy and collect taxes, either for regulation or revenue generating purposes, and impose assessments and fees to recover the costs of providing City services. The City may also charge rents and/or fees for the use of City property at market or negotiated rates, or for other purposes that may be unrelated to costs recovery.
Charter-34 (Revised 7/23)
805.2 Issuance of Debt. Subject to and as authorized by all Applicable Laws, the City, with the approval of the City Council, shall have the power and authority to issue debt to finance City operations, programs, facilities and infrastructure. Types of allowed debt financing include, without limitation: general obligation bonds, lease revenue bonds, utility revenue bonds, certifications of participation, letters of credit, infrastructure and maintenance bonds, and other similar finance mechanisms consistent with best practices.
The City Council reserves the right by ordinance or resolution, to implement specific local policies and procedures for the issuance of debt.
805.3 Limits on Indebtedness. The bonded indebtedness of the City may not in the aggregate exceed the sum of fifteen percent (15%) of the total assessed valuation of real and personal property within the City. For purposes of this Section, “bonded indebtedness” means general obligation bond indebtedness of the City payable from the proceeds of Ad Valorem Property Taxes levied upon taxable real and personal property within the City.
805.4 Special Rules for Financing of a Nuclear Plant this Section805 does not authorize the financing of a nuclear plant, or an interest therein, unless approved by the voters.
805.5 Special Rules for Revenue Bonds.
a. In General. The City, by resolution of the City Council, shall have power to issue revenue bonds, notes or other indebtedness (“Revenue Bonds”) to finance or refinance the acquisition or construction of revenue-producing property, improvements and facilities related to any City electric utility enterprise.
b. Applicable Procedures. The City Council may use procedures authorized by Applicable Law for the issuance and sale of Revenue Bonds or, by ordinance or resolution, approve and apply its own rules for the issuance and sale of Revenue Bonds.
c. Limited Obligations. The obligation represented by any issuance of Revenue Bonds shall be a charge upon, and payable solely from, the revenues derived by, and other legally sources of funds available to, the applicable City utility enterprise for which such revenue bonds are issued. No revenue bonds shall be deemed to constitute a debt or liability of the City or a pledge of the faith and credit of the City, or shall be a charge, lien, encumbrance, legal or equitable, upon, nor shall any recourse on account thereof be had against, any other revenues or funds of the City. Neither the credit nor the taxing power of the City shall be deemed to be pledged to, or charged with, the payment of the obligation represented by any revenue bonds, nor shall the holder of any revenue bonds have any right to compel the exercise of any taxing power of the City.
d. No Voter Approval Required. Provided that Revenue Bonds are issued in compliance with the terms of this Section 805.5, this Section such be the complete authority necessary for the issuance of Revenue Bonds by the City for any electric utility enterprise and such issuance shall not require approval by the voters of the City.
805.6 Voter Approval Required. For any City utility other than an electric utility; or Whenever Applicable Law requires voter approval for any actions contemplated by this Section, the City shall seek and obtain such voter approval in advance of taking any such action.
Charter-35 (Revised 7/23)
Article Nine
Miscellaneous and Legal Provisions
Section 900 Mandatory and Permissive.
Unless the provision or the context otherwise requires, as used in the Charter “shall” and “must” are mandatory, and “may” is permissive.
Section 901 Legal Actions Against the City.
No suit or action for money or damages of any kind may be brought against the City, and City agency or enterprise, or any Elected Officer, Board or Commission Member, officer, agent or employee thereof (collectively, “City Entities and Persons”), until a claim has been filed with the City by service upon the Office of the City Clerk, in the manner established by City ordinance, and either the City acts on the claim or it is deemed denied by operation of law. The procedures prescribed by State Law shall apply to the presentation, consideration and enforcement of claims against City Entities and Persons. Claims for money or damages exempt from or not covered by State Law may be governed by procedures established by City ordinance.
Section 902 Violations; Enforcement.
902.1 Charter Violations. Depending upon the severity of the offense, as determined in the discretion of the prosecuting authority, the violation of any provision of this Charter may be prosecuted as a misdemeanor or as an infraction, subject to associated fines and/or imprisonment as provided under State law for such offenses If an Elected Official is convicted of a misdemeanor for violation of this Charter, such official shall also be deemed to have forfeited their elected office as provided in Section 205.1(2), above.
902.2 Prosecuting Authority. The prosecuting authority with respect to violations of this Charter, shall be the District Attorney for Santa Clara County. If the District Attorney is not available or declines to perform this role, the City Attorney shall deputize and appoint from outside the City Attorney’s Office a qualified special Deputy City Attorney to perform such function.
901.3 Other Violations of Local Law. Any other act or omission that the City Council desires to be prosecuted as a misdemeanor or infraction must be prescribed by ordinance.
Section 903 Severability.
If any provision of this Charter is held to be illegal, invalid or unenforceable, either on its face or in its application to any person or circumstance the remainder of the Charter shall not be affected by such holding and shall remain in full force and effect. Further, any holding of invalidity or unenforceability made with respect to a particular person or circumstance, shall be limited to that particular person or circumstance.
Section 904 Publication of Legal Notices.
904.1 Newspaper Publication. Whenever legal notice is required to be published under the provisions of Applicable Law, the City shall cause such publication to occur in a newspaper of general circulation in the City of Santa Clara designated by the City Council.. If no such newspaper exists, or the rates charged for publication are not reasonably aligned with market rates, , then legal notices, ordinances or other matter required to be published in an official newspaper may be published as otherwise allowed under Applicable Law.
Charter-36 (Revised 7/23)
904.2 Additional Notice Required. Whenever legal notice is required to be published under the provisions of this Charter or Applicable Law, the City shall also provide such notice electronically in accordance with a policy approved by the City Council designed to make use of modern technologies to maximize the reach of any required notice to those that have expressed interest in or are likely to be impacted by the subject matter of such notice.
904.3 Substantial Conformance. No defect or irregularity in proceedings taken under this Section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in substantial conformance with this Charter, or Applicable Law..
Section 905 Laws in Effect Pending Enactment of Ordinances.
Pending the enactment of any ordinance or policy required or contemplated under the terms of this Charter, existing Local Laws shall govern. To the extent there are no applicable Local Laws in these areas, General City Laws shall apply, but only to the extent consistent with the terms of this Charter.
Section 906 City Clerk Authority to Make Minor Corrections.
The City Clerk shall be authorized to make minor modifications to the Charter to correct typographical errors or to make other similar non-substantive corrections subject to ratification by the City Council and approval as to form by the City Attorney.
Section 907 Official Oaths of Office.
Each, Elected Official, every member of a City Board and Commission, each City Council appointed official, and each department head, before entering upon the discharge of the duties of the office shall take, subscribe to and file with the City-Clerk the following oath of office: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.”
Section 908 Definitions.
Capitalized terms used in this Charter shall have the meanings ascribed thereto in this Section. To the extent of any conflict between the definitions of capitalized terms provided in this Section and any other common understandings or definitions of such capitalized terms, the definitions in this Section shall govern.
Charter-37 (Revised 7/23)
Definitions
Administrative Code — The City’s organizational and operational details, adopted by ordinance and set forth in one or more articles within the City Code. Applicable Laws – any and all applicable federal, state, and local laws, ordinances, policies, regulations, rules, orders, judgments or decrees.
Appointed Officer — Each of the City Manager, City Attorney, and City Auditor. Appointed Officers — Collectively, the City Manager, City Attorney, and City Auditor. Appropriated - allocated for a specific purpose or project within the applicable fiscal year(s) budget. Boards and Commission Members — The collective term for the members of City Boards and Commissions.
Brown Act — The Ralph M. Brown Act, California Government Code sections governing City Council meetings and prevailing over conflicting Charter meeting provisions. Chair — The member elected by a board or commission to serve as its presiding officer for that year.
Charter – The rules for the governance and operations of the City approved by the voters of the City. This defined term first appears on the Preamble.
Chartered Boards and Commissions — The Planning Commission, Parks and Recreation Commission, Board of Library Trustees, Civil Service Commission, and Salary Setting Commission.
City — The City of Santa Clara, California. . This defined term first appears in Section 100. City Boards and Commissions — The collective term used when Charter provisions are intended to apply to both Chartered Boards and Commissions and Council Created Boards and Commissions.
City Council – the elected policy making board of the City comprised of the Mayor and the six District Council Members. This defined term first appears in Section 102.1. City Council District — One of the six designated geographic districts from which the six non- mayoral Council Members are elected.
City Council Districts — Collectively, the six designated geographic districts for district-based Council elections.
City Elected Officials — The Mayor, City Council Members, Chief of Police, and City Clerk. Council Created Boards and Commissions — Additional boards, commissions, or committees the City Council may create by ordinance or resolution, with powers and duties consistent with the Charter.
Council-Manager — The form of government in which the City Council is responsible for lawmaking and major policy decisions, and a professional manager appointed by the Council implements policy and manages day-to-day operations.
Declaration of Vacancy — The resolution adopted by the City Council declaring the existence of a vacancy in an elected office.
Dedicated Parklands — The Ulistac Natural Area, the Santa Clara Youth Soccer Park, and any other City-owned or City-controlled real property currently or later listed by ordinance in the General Plan park inventory identified in the Charter.
District — Each geographic City Council district for district-elected Council Members. Districts — Collectively, the geographic City Council districts for district-elected Council Members.
Effective Date — The date on which the Measure amendments went into effect upon filing with the Secretary of State.
Elected Officials — The Mayor, six City Council Members, the Chief of Police, and the City Clerk.
Elections Official — The role the City Clerk serves under the Charter and State Elections Law. City Charter MASTER DRAFT with Proposed Revisions and Notes 4.21.26.pdf Event of Vacancy — A vacancy event provided in Charter Section 205; the draft uses the term by cross-reference rather than giving it a separate stand-alone definitional sentence.
Charter-38 (Revised 7/23)
General City Laws —State Laws only applicable to general law cities and not charter cities unless such charter cities choose to have them apply. This defined term first appears in Section 102.2 . General Municipal Election of the City — The City’s regular election held the first Tuesday following the first Monday in November of even-numbered years. Implementing Ordinance — The City’s implementing Public Works ordinance establishing required procurement rules and, if adopted, standards for alternative procurement methods. Lifetime Term Limit — The rule that a person elected as a City Council Member or as Mayor may not serve more than two full terms in that position in their lifetime, subject to the counting rules and carve-outs stated in Section 203.2.
Local Laws — City ordinances, regulations, or policies adopted under the authority of the Charter. This defined term first appears in Section 102.2. Major Public Works —Public Works projects costing more than $250,000 and subject to City Council approval.
Mandatory Redistricting — The required redistricting process using data from each decennial federal census.
Measure __ Amendments. — The Charter amendments approved by City voters at the November 3, 2026 City Election.
Minor Public Works Projects — Projects costing less than $250,000 and subject to City Manager approval.
Minutes Resolution — An oral motion or order duly passed by the City Council and entered in the minutes, having the same force and effect as a written resolution and deemed a resolution for all purposes.
Notice of Ordinance Adoption— The notice prepared by the City Clerk’s Office for each proposed ordinance, containing the ordinance title, introduction date, brief summary, and statement that the full text is available at the Clerk’s Office and on the City website. Official Newspaper — One or more newspapers of general circulation in the City of Santa Clara designated by resolution of the City Council for publication of legal notices and other matters required to be published in a newspaper of general circulation. Public Work — A project for the construction, reconstruction, renovation, alteration, improvement, or demolition of public buildings, streets, drains, sewers, utilities, parks, playgrounds, and similar public facilities.
Public Works — Collectively, projects for the construction, reconstruction, renovation, alteration, improvement, or demolition of public buildings, streets, drains, sewers, utilities, parks, playgrounds, and similar public facilities.
Qualified Elector — A registered voter of the City. Status is determined by the Santa Clara County Registrar of Voters.
Qualified Electors — The Charter uses this plural form for the City electorate in provisions such as initiative, referendum, recall, and voter approvals. It is the plural application of “Qualified Elector.”
Registrar — The County Registrar of Voters, which administers City Elections with the City Clerk, in consultation with the Assistant City Clerk.
Resident — A resident of the City for elected-official qualification purposes; whether a person is a Resident is determined in accordance with State law.
ROV — The Santa Clara County Registrar of Voters.
Senior Officials — All department heads or division leaders of the City who are not elected or appointed by the City Council and instead are appointed by the City Manager. Shall — Mandatory.
Special Municipal Elections — Any municipal elections other than the regular election, called under the authority of the Charter or the State Elections Code. State — The State of California. This defined term first appears in Section 100. State Constitution –- The Constitution of the State of California, approved by the voters, and part of State Law and Applicable Laws. This defined term first appears in Section 102.1. State Law – The laws of the State of California, including, without limitation the State Charter-39 (Revised 7/23)
Constitution, State statutes, regulations, and case law. This defined term first appears in Section 101.
Total Compensation — Salary and benefits.
Treasurer — The role the Director of Finance serves in, where required in the City’s financial dealings, including public financing.
Vacant — A City board or commission seat is considered vacant upon an Event of Vacancy under Section 205, and also when a member is absent from three consecutive regular meetings without an excuse reflected in official minutes and the City Council declares the position vacant.
Exhibit B
[City Council Resolution No. ________]
Existing Section 1310 of the City Charter reads as follows:
§ 1310. Contracts on public works.
Every contract involving an expenditure of more than one thousand dollars ($1,000.00) for the construction or improvement, (excluding maintenance and repair), of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder after notice by publication in an official newspaper by one or more insertions, the first of which shall be at least ten days before the time for opening bids.
The City Council may reject any and all bids presented and may re-advertise in its discretion.
The City Council, without advertising for bids, or after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section. Such contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by motion passed by at least four affirmative votes and containing a declaration of the facts constituting such urgency.
It is proposed that existing Section 1310 of the City Charter be amended and restated to read, in its entirety, as follows:
802.2 Public Works
a. Rules to be Implemented by Ordinance. The City Council shall, by ordinance, adopt specific policies and procedures for the award of contracts for the construction, reconstruction, renovation, alteration, improvement or demolition of public buildings, streets, drains, sewers, utilities, parks, playgrounds and simila r public facilities (each a “Public Work” and collectively, “Public Works”).
b. Required Provisions. The City’s implementing Public Works ordinance (“Implementing Ordinance”) shall, at a minimum, contain provisions for the following:
1. City Council to retain approval rights over what it defines as “major project” contracts (based on factors such as contract cost, project value, or other relevant considerations), with “minor project” contracts approved by the City Manager
2. Competitive bid processes for all contracts, with formal advertisement for bids and sealed bids required for all “major” contracts.
3. In general, except as provided below, the award of contracts to the lowest responsive and responsible bidder.
4. The ability to reject any and all bids, to re -advertise for bids, or to waive minor defects in any bid if determined by the designated contract -approving authority that such action is necessary or appropriate for the benefit of the public;
5. Emergency authority to waive the applicable competitive bid process requirements if the approving authority determines that the work required is of urgent necessity for the preservation of life, health or property.
6. The ability of the City to implement Public Works using City employees upon a determination by the approving authority (the City Council for major projects, the City Manager for minor projects) that the work can be performed better or more economically by City employees;
7. Defined terms, including definitions for what types of maintenance, repair, restoration, minor improvements, and equipment installation and equipment acquisition, which shall not be considered “Public Works” for purposes of this Section, but shall remain subject to City’s general competitive procurement standards.
8. Such other provisions consistent this this Section as may be necessary or appropriate to implement the City’s Public Works procurement process.
c. Procurement Alternatives. The City’s Implementing Ordinance may also provide for one or more alternative Public Works procurement processes to those described in Subsection b, above. Such alternatives may include, without limitation: (1) sole source or limited bid contracts where it is determined by the approving authority that the work required can only be performed by one contractor, or a limited group of contractors; (2) “best value” or other alternative procurement mechanisms, including but not limite d to: progressive design- build, construction manager at risk, fixed- price design-build, and design -build-operate contracts; and/or (3) such other alternative procurement mechanisms currently provided under State Law, or that may be provided under State L aw in the future. The City’s Implementing Ordinance for any such procurement alternatives shall include standards for solicitation, evaluation and selection of qualified proponents. No such exception or alternative process shall be applied to a Public Work unless it is part of a City-wide policy or program approved by the City Council by ordinance and the approving authority has determined that its application to that Public Works is in the best overall interests of the City.
d. Relationship with Other Laws. To the maximum extent allowed by law, the provisions of this Charter Section, and any Implementing Ordinance or policy consistent with the terms of this Section, shall supersede all inconsistent State Laws or regulations that may otherwise be applicable to the City’s Public Works procurement processes.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-1574 Agenda Date: 7/14/2026
REPORT TO COUNCIL
SUBJECT
Action on the Agreement for the Funding and Operation of the Santa Clara Family Community Interim Housing Project Between the City and County for the City to Provide Limited Funding for the Operation of a 30-unit Homekey Interim Housing Development on Santa Clara County-Owned Land Located at the Southeast Corner of Lawrence Expressway and Benton Street
EXECUTIVE SUMMARY
Consistent with City of Santa Clara (City) adopted plans to end homelessness the City and County of Santa Clara (County) have been exploring potential development of a project on County owned land at Benton and Lawrence. The City endorsed the 2020-2025 Community Plan to End Homelessness in the County and approved resolutions finding that the problem of homelessness in the County is a crisis. On May 7, 2024 the City Council adopted the sixth cycle Housing Element which included the following commitment under Action 1. Provision of a Variety of Housing Types specifies:
“By 2030, increase access to interim housing units, rapid rehousing, and emergency shelter beds by 30% from 453 in 2023 to 589, with a discrete objective to create broad based support for interim housing.”
The Santa Clara Family Community Interim Housing Project was presented to the City Council in April 25 and May 2, 2023 and consistent with the City Council direction, the City supported the County’s application for Homekey funding. The State of California awarded $25.7 million in Homekey Round 3 funds on June 30, 2025, to construct and operate the Santa Clara Family Community, a key milestone in the City’s efforts to expand housing and supportive services for unhoused community members. With State funding in place, the City and County have negotiated an agreement to memorialize certain conditions of the City’s funding following direction from the City Council.
The proposed project is comprised of 30 housing units along with support services and amenities for unhoused families with minor children in Santa Clara. The project will be operated by LifeMoves, a nonprofit. The key terms for City support that have been negotiated are as follows:
· 30 units designed as suites for families.
· The project will serve families with minor children for at least a period of 30 years. · The project will prioritize local Santa Clara families. · The operator will check sex offender registry of clients prior to enrollment and those confirmed on the registry will not be allowed to access the facility. · Quarterly community meetings for the first two years of project operations to receive feedback and concerns.
· County will provide quarterly reports on unduplicated clients served, average length of stay, returns to homelessness, and a summary expenditure report outlining costs City funding contributed to.
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Because the terms address City objectives and concerns for unhoused families, with priority to local families and ensures those obligations last at least 30 years, staff is recommending approval of the agreement.
The City agreement for funding is important because it is the best mechanism for City interests to be addressed with ability to enforce. Otherwise, the County could develop project as they see fit as they own the land with no need for City discretionary approval.
The County and LifeMoves are co-sponsors on the state Homekey application. The City is only a funding partner with $6,592,139 to apply towards the first seven years of operations of the project.
The City has no other funding obligation beyond this amount and any future City funding for this project would require City Council approval.
Homekey projects are subject to SB 35 streamlining so no discretionary actions are required the development. SB 35 projects still need the same ministerial approvals as other projects -- i.e. building, grading, and encroachment permits, and the LifeMoves development team submitted a building permit application on October 31, 2025. The building permit is currently under final review.
The purpose of this item is to receive direction from the City Council on the Staff recommendation to approve the proposed Agreement for Funding and Operation of the Santa Clara Family Community Interim Housing (“Proposed Funding Agreement”) to provide limited funding for the operations of the Santa Clara Family Community.
BACKGROUND
On August 24, 2021, the City Council held a Study Session on Homeless Encampments and Vehicle Dwelling facilitated by the Police Department. This discussion addressed intervention strategies, including applying to the California Project Homekey program to develop and operate an interim housing site for unhoused people in Santa Clara. The staff agreed to return with further analysis and a potential proposal for an interim housing project in Santa Clara utilizing the Homekey program.
In November 2021, the Santa Clara County Board of Supervisors asked staff at the County’s Office of Supportive Housing (OSH) to identify County-owned parcels for interim housing. The County evaluated sites based on several factors, including lot size, accessibility for construction equipment, proximity to transit, and access to utilities, medical services, and grocery stores. In addition, County staff considered the current location of permanent, interim housing options across the County and worked with local jurisdictions that were interested in expanding interim housing options in their communities. County staff identified the County-owned vacant property located at the southeast corner of Lawrence Expressway and Benton Street and confirmed that it met certain physical site characteristics and could be made available for interim housing.
In spring 2022, the City convened a Homelessness Taskforce, which included stakeholders from each City Council District including a few people with lived experience of housing instability. The taskforce met six times and wrapped up in October 2022. Input from this process was incorporated into the City’s draft Homelessness Response Plan.
In late 2022, LifeMoves and the Sobrato Foundation approached the County with a proposal to build interim housing on the Benton/Lawrence site. County staff then reached out to City staff to discuss the proposal. As proposed, the project would be financed primarily through a California Project Homekey grant, County grant funding, philanthropic funding, and funding from the City. The proposal required an application to the third round of grant funding for the California Homekey Program.
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On January 10, 2023, the City Council held a Study Session to discuss the first draft of the City’s Homelessness Response Plan prepared by Homebase and City staff based on input from the City’s Homelessness Taskforce. The presentation identified shelter and interim housing as options to address homelessness in Santa Clara. During the Study Session, staff shared information about a potential Homekey opportunity at the Benton/Lawrence site. The City Council asked staff to conduct robust community outreach and to further explore a possible interim housing development at this location.
Following Council’s direction in early 2023, the City worked closely with OSH and LifeMoves to create a project webpage and organize and promote two in-person and two virtual meetings to gather resident input over the course of several weeks. The meetings were well attended, with 300-400 attendees at each meeting. The community raised many concerns, with a key focus on the suitability of the site, impacts on public safety, general neighborhood compatibility, and the viability of the project. As a result of this community input, the project team made significant changes to the project including reduced density from an original proposal of 124 units to 30 units and changing the target population from singles/couples to only families with children.
On May 2, 2023, the City Council approved the following motion in a 4 to 3 vote to:
· Authorize the City Manager’s Office to negotiate and execute a three-party letter of intent between LifeMoves, the County of Santa Clara, and the City of Santa Clara that defined roles and responsibilities for the financing, operations and construction management for the Homekey grant application for the property located at Lawrence Expressway and Benton Street in a final form approved by the City Attorney;
· Authorize the County of Santa Clara to update the City of Santa Clara's Permanent Local Housing Allocation 5-year plan by adding activity six to the County's PLHA plan to assist persons who are experiencing or at risk of homelessness and allocating year 3, 4, and 5 funding, after deducting administrative costs, to the Benton/Lawrence interim housing to help fund operations; and
· Provide direction to return to City Council for approval of a budget amendment appropriating up to $5,500,000 from special revenue funds for operations at the Benton/Lawrence interim housing site; and include an Annual Review in the Letter of Intent.
On June 14, 2023, the City Manager signed a letter acknowledging the City’s funding commitment and included specific conditions on the City’s financial support of the project. The letter noted that approval of the City’s final business terms will take the form of an agreement that is subject to City Council approval. Such approval would occur closer to financing according to the City's general underwriting parameters and per requirements of the State Homekey Program, the County, and other funders. The agreement would require a restrictive covenant to be recorded and would be subject to terms and conditions to be negotiated between the parties that include restrictions on the use, operation, and occupancy of the project for families; submission of an annual management and security plan; and a process for collecting community input in the early years of operations.
On June 27, 2023, as part of the FY 2023/24 and FY 2024/25 Operating Budget Adoption, the City Council approved the transfer of $5,124,369 ($3,524,369 from the Housing Authority Fund and $1,600,000 (Santana West Settlement) from the City Affordable Housing Capital Fund) to the City Affordable Housing Fund for the Benton/Lawrence Project. On October 29, 2024, the City Council approved the FY 2024/2025 budget amendment in the City Affordable Housing Fund, recognizing an City of Santa Clara Printed on 7/10/2026Page 3 of 9
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increase to the beginning fund balance in the amount of $5,124,369, and increasing the capital outlay appropriation in the amount of $5,124,369, and allocating the remaining balance of $1,470,000 in PLHA funds (for a total City contribution of $6,594,369) to secure state Homekey Round 3 funds to construct and operate the proposed project.
The County then submitted a completed Homekey grant application for the project. Between September 2023 through July 2024, HCD awarded over $818.0 million in Homekey Round 3 funds to 49 projects across California. The majority of funds had been awarded and staff assumed the Benton/Lawrence project would not be funded. However, in August 2024, the County received a letter from HCD inquiring if the project was still viable and informing the County that an award was still under consideration if previously identified funding sources could be reconfirmed.
On May 7, 2024 the City Council adopted the sixth cycle Housing Element with a commitment to increase interim housing units, rapid rehousing and emergency shelter beds.
On October, 29, 2024, the City Council approved a FY 2024/25 budget amendment in the City Affordable Housing Fund to carryover the $5,124,369 for the Benton/Lawrence project. The Council also voted to allocate the remaining balance of $1,470,000 in PLHA funds (for a total City contribution of $6,594,369) to secure State Homekey Round 3 funds to construct a three-story 30-unit interim family housing development on a County-owned site at Lawrence Expressway and Benton Street. On November 13, 2024, the City submitted another conditional letter to the County acknowledging the City’s funding commitment. This letter is included asAttachment 1.
As an update to the funding amount, in February 2025, the City and County amended the PLHA Consortium Agreement and slightly reduced the allocation of PLHA funds for this project from $1,470,000 to $1,467,770 based on actual funds that were available. This combined with committed local funds in the amount of $5,124,369, reduced the City’s total contribution from $6,594,369 to $6,592,139.
On June 30, 2025, the State announced the grant award of $25.7 million in Homekey Round 3 funds for the construction and operation of the Santa Clara Family Community. On October 31, 2025, the County and LifeMoves submitted a building permit which is now currently being processed. As this is a Homekey project and meets all standards per California Government Code § 65913.4, (also known as Senate Bill 35 from 2017), no discretionary entitlements are required and only a Building Permit is required.
A detailed timeline for this project is included as Attachment 2.
DISCUSSION
In response to growing concerns about homelessness, the County of Santa Clara (County) and the City of Santa Clara (City) endorsed the 2020-2025 Community Plan to End Homelessness in the County and approved resolutions finding that the problem of homelessness in the County is a crisis.
In July 2021, the City Council indicated interest in finding a site that could be used to develop a new emergency interim housing facility by leveraging the State of California’s Homekey Program which provides funding for construction and operations. This was reinforced by the finding that homelessness increased by 35% in the City from 2019 to 2022 according to the Santa Clara County Homeless Census and Survey, and the finding that more interim housing is needed in Santa Clara by the City’s Homelessness Task Force. In a follow up Study Session held by the City on April 21, 2026, County staff shared that in the City, for every 1 household housed, 1.5 became homeless in 2025.
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Beginning with a 2021 City Council Study Session on homelessness and vehicle dwelling, the City explored opportunities through California’s Project Homekey program for interim housing. Over the next two years, the County’s Office of Supportive Housing (OSH), LifeMoves, and the Sobrato Foundation collaborated with City staff to develop a Homekey program proposal, conduct extensive community outreach, and address resident concerns by revising the project scope to a three-story 30 -unit interim supportive family housing development which prioritizes Santa Clara families with minor children. This project was designed specifically to help families with minor children to recover from being unhoused giving them a chance for health and stability until they can find permanent housing.
Interim Housing and Homekey Requirements:
Interim housing is part of a larger coordinated entry system that includes emergency shelter, rapid rehousing, transitional housing, and permanent supportive housing. Interim housing projects are essential in California to bridge the critical gap between living on the streets and securing permanent housing because new permanent housing cannot be built fast enough. Interim housing provides a safe, dignified, stable, and supportive environment where unhoused individuals and families can connect to vital services including food, basic housewares, help accessing benefits, daycare, job search, medical care, mental health counseling, housing search assistance and more. Interim housing typically provides private sleeping quarters, extended stays, and on-site supportive services.
The Santa Clara Family Community Interim Housing Project will serve as a temporary respite between homelessness and permanent housing. According to OSH, in 2025, 66% of families exited interim housing programs to permanent supportive housing.
California’s Homekey program requires employment of Housing First, seeAttachment 5, in its property management and tenant participation selection practices. Homekey projects must accept participants regardless of sobriety, participation in services or treatment, history of incarceration, or credit or eviction history. While the Santa Clara Family Community Interim Housing Project is subject to these Homekey requirements, the County will require the project operator to conduct a Sex Offender Registry Verification process prior to enrollment and if confirmed to be on the registry, those clients will not be allowed to access this facility while the project serves homeless families with minor children. Beyond this, State Law does not allow additional background checks for Homekey projects.
However, if a resident is not following the operator’s guidelines, and their actions are creating safety concerns for other residents or staff, they can be exited quickly from the program.
Interim housing alone cannot end homelessness. Local jurisdictions must continue to build affordable housing and Permanent Supportive Housing (PSH) so residents can transition from temporary housing to permanent housing options. PSH is different from interim supportive housing because tenants hold standard leases and pay a portion of their income toward rent. PSH is intended for residents with long term case management and service needs.
Project Overview:
The Santa Clara Family Community Interim Housing Project was thoughtfully designed to create inviting exterior elevations with contemporary materials and landscaping throughout. The project site is buffered to the south by Calabazas Creek, to the north by Benton Street and commercial/retail 7- Eleven, to the east by an existing church, and to the west by Lawrence Expressway. The project is designed as one three-story building, with a single-point of entry, surface parking and ground floor space for providing services. The building will contain 30 units for families with 90 doors (bedrooms).
Each unit will have a single exterior door, kitchenette, three bedrooms and one or two bathrooms depending on the configuration. The amenity spaces for families with children include a staffed City of Santa Clara Printed on 7/10/2026Page 5 of 9
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welcome area, childcare facility with its own outdoor space for children ages 18 months - 5 years, a food pantry, warming kitchen, cafeteria, laundry room, staff offices, therapy spaces, utility room, storage room and community room for use by the residents. The outdoor areas of the project will include an internal courtyard for multi-purpose activities, a dog park along Calabazas Creek, and a community garden and rooftop deck for resident use.
To better understand interim housing project operations and site designs, City and County staff along with Santa Clara Police Department (SCPD) staff toured multiple LifeMoves sites in San Jose, Redwood City, Menlo Park, and San Mateo. The sites that were most similar to the proposed Santa Clara project were located in Menlo Park and San Mateo. The tours provided additional understanding of operations, amenities, security, daycare and supportive services. LifeMoves provided performance data on each of these sites, and this information is included in Attachment 3.
City staff have been coordinating questions about site security with the SCPD. The proposed project includes a single point of entry from the parking lot and will include a staffed front desk, electronic key entry, and multiple security cameras. The project will only allow residents to enter as guests who are permitted on-site. City staff and SCPD will establish regular communication with LifeMoves management, facilitate site specific training before the site opens, coordinate 24-hour points of contact, procedures for reporting criminal activity, hold regular meetings to discuss operational issues, trends, and share appropriate information regarding facility operations while respecting resident privacy. As required by the Building Code, the project will have secured and alarmed access for the main cafeteria on the first floor. In addition, the daycare will have a separate entrance and play area.
Agreements and Responsibilities:
The co-sponsors for the project are County and LifeMoves. The City is not a co-sponsor or a co- applicant for the Homekey funding. As co-applicants, County and LifeMoves will enter into a standard agreement with the California Department of Housing and Community Development (HCD). The County, LifeMoves and HCD will also execute a declaration of restrictive covenant that will be recorded against the property and restricting its use as interim housing and includes maintenance and repair obligations. The County and LifeMoves will be solely responsible for ensuring the project is constructed and operated for the 30-year term. County and LifeMoves will also enter into an agreement with each other.
As part of the May 2, 2023 City Council action, staff were directed to draft a Letter of Intent to help define the terms of the City’s funding commitment. City staff drafted some initial terms and shared them with the County. Once the Homekey funds were awarded, the County and City began working on a more robust form of legal agreement. This agreement was intended to implement the City Council’s direction while balancing the operational restrictions set by the Santa Clara County Continuum of Care’s Coordinated Assessment System and other State and federal policies.
Under the proposed agreement between the City and County, the City will contribute a maximum of $6,592,139 to apply towards the first seven years of operations of the project. The first payment is not due until after issuance of final certificate of occupancy for the project. The City has no other funding obligation beyond this amount. Any additional or future City funding for the project would require City Council approval in its sole discretion.
Since June 2025 when the Round 3 funds were awarded to the County, it took several rounds of negotiation between the City and County to prepare the current form of the agreement that is now City of Santa Clara Printed on 7/10/2026Page 6 of 9
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under consideration. The full text of the proposed agreement can be found in Attachment 4, and a summary of key terms is provided below:
Agreement Term:
The agreement is a seven-year term, with annual installment payments of $941,734.14. The agreement will terminate one year after the payment of the seventh and proposed final annual installment of the City’s operational funding. The City and County can mutually agree to extend the agreement beyond seven-year term, but any such extension would be subject to prior City Council approval in its sole discretion.
County Responsibilities:
· Population Served: The County will require the project to exclusively serve homeless families with minor children so long as such a restriction does not render available beds vacant beyond the point allowed by State guidelines, and so long as it does not prevent the County or project operator from complying with the requirements of the Homekey Standard Agreement between the County, operator and the State of California. This obligation will remain in place for 30 years and will extend beyond the 7-year term of the overall agreement. · Sex Offender Registry Verification: Clients referred to the Project will be checked by LifeMoves staff against the public sex offender registry prior to enrollment and if confirmed to be on the registry, those clients will not be allowed to access this facility. No additional background checks will be conducted as this must follow Housing First guidelines according to the Homekey NOFA. The Proposed Funding Agreement expressly states that under no circumstances will the agreement require the County or project operator to violate applicable State or federal laws. This obligation will remain in place for 30 years. · Local Preference: The project will prioritize “Families” which shall be defined as a family unit that includes at least one minor child or a child who is 18 and enrolled in high school., and this requirement will remain in place for 30 years.
· Site Security: The County should require the project operator to provide the City with reasonable access to monitoring reports and related non-confidential or privileged records, and site visits. The County will work in good faith to collaborate with the City to respond to and address any issues or concerns raised regarding the operation of the project. This obligation will remain in place for 30 years.
· Quarterly Community Meetings: The agreement requires the County and LifeMoves, in coordination with City staff, to host one community meeting prior to certificate of occupancy and quarterly community meetings for the first two years of operations. These meetings will be open to anyone who wishes to attend. The purpose of these meetings will be to receive and respond to community feedback on issues or concerns that arise. If the City determines additional Community Meetings are needed, the County or project operator will host such additional meetings provided that at least one City staff member is in attendance. These meetings will be hosted virtually unless determined that in-person meetings are needed. Staff recommended a community meeting format rather than an “oversight committee” format because it is more flexible and allows all who wish to attend to be involved. · Project Description: Exhibit A of the agreement outlines certain physical features that help ensure certain amenities are provided on site. Key amenities include: welcome area, City of Santa Clara Printed on 7/10/2026Page 7 of 9
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childcare facility with its own outdoor space for children ages 18 months - 5 years, dining and pantry, warming kitchen, cafeteria, laundry room, therapeutic spaces, utility room, storage room and community room for use by the residents. The outdoor areas of the Project will include a multi-use lawn area, dog park, community garden and rooftop deck for resident use. · Reporting: For the Term of the Agreement, the County will provide quarterly reports on the number of unduplicated clients served, demographics, clients served who are affiliated with the City, exit destinations, average length of stay, returns to homelessness, and a summary of actual expenses that have been covered by City funding.
City Responsibilities:
· City Funding. City shall pay the County a total maximum amount of $6,592,139 through seven annual installment payments of $941,734.14 to offset a portion of the project’s operating expenses. The City will not be responsible for covering construction costs or any other costs beyond what is included in the agreement between the City and County. · Disbursement Process. The Proposed Funding Agreement sets forth the process for disbursement of the City Funding and includes a requirement that the County demonstrate it has adequate funds to operate the project.
Risk Management and Enforcement:
The Project will be operated by LifeMoves through an agreement between LifeMoves and the County. In that agreement, the City will be a named an additional insured and indemnified by LifeMoves.
In the event that the Project is not operated in accordance with the requirements of this Agreement for the Funding and Operation of the Santa Clara Family Community Interim Housing Project, the City has the right to enforce those obligations by legal action against the County or by terminating the Agreement for cause. After the expiration of the Agreement, for a total period of 30 years, the City shall also have the right to enforce any breach of the obligations for the project to exclusively serve homeless families, conduct sex offender registry verification, and prioritize local families.
Conclusion:
Based on recommendations by the City’s Homelessness Taskforce, the May 7, 2024 adopted Housing Element and City Council’s previous direction, staff is recommending that the City Council approve the agreement for City operational funding for the Project on the terms presented. By providing funding to the Project, the City was able to negotiate terms that prioritize service to local families and assure operations will occur in high quality and secure manner.
ENVIRONMENTAL REVIEW
As previously detailed in the May 2, 2023 Report to Council, the construction of the project is subject to a statutory exemption under the California Environmental Quality Act (“CEQA”) pursuant to Government Code section 65913.4, as enacted by Senate Bill 35 in 2017, which applies to certain types of affordable housing projects. The proposed action before the Council, a funding and operation agreement with the County of Santa Clara, does not constitute a “project” under CEQA pursuant to CEQA Guidelines section 15378(b)(4), in that it is a fiscal activity which would not directly result in any physical impacts on the environment.
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FISCAL IMPACT
On June 9, 2026, as part of the FY 2026/27 and FY 2027/28 Budget adoption, the City Council approved the carryover of $5,124,369 in the City Affordable Housing Fund for the Benton/Lawrence project.
Additionally, the City will draw from the City’s Affordable PLHA fund which is administered by the County of Santa Clara on the City’s behalf. The amount of PLHA funds allocated to this project per the City and County Consortium Agreement is $1,467,770. Together these funds would bring the City’s total contribution to $6,592,139.
COORDINATION
This report was coordinated with the Finance Department, City Attorney’s Office, and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a 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, City staff mailed courtesy hard copy notices to addresses within one-quarter mile of the site, posted a large sign on the fence facing Benton Street, worked with the County to send email notifications to over 300 stakeholders who have opted in for email updates throughout the predevelopment process, and posted a notification on Nextdoor.com.
RECOMMENDATION
Approve and authorize the City Manager or designee to execute the Agreement for the Funding and Operation of the Santa Clara Family Community with the County of Santa Clara committing up to $6,592,139 in PLHA and local funds for operation support of the proposed Homekey family interim housing project located at Benton Street and Lawrence Expressway, on the terms and in substantially the form presented, subject to the final approval as to form by the City Attorney.
Reviewed by: Afshan Hamid, Director, Community Development Department Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. City of Santa Clara Funding Commitment Letter - November 13, 2024
2. Timeline of Santa Clara Family Community Interim Housing Project
3. LifeMoves Interim Housing Data Sheet
4. Agreement between City of Santa Clara and Santa Clara County for the operation of a new family housing at Lawrence Expressway and Benton Street
5. California Welfare and Institutions Code on “Housing First” policies City of Santa Clara Printed on 7/10/2026Page 9 of 9
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City of
Santa Clara
The Center of What's Po:;,;iblo
November 13, 2024
Kathryn Kaminski
Acting Director, Office of Supportive Housing
County of Santa Clara
150 W. Tasman Drive
San Jose, CA 95134
Subject: Santa Clara Family Community Homekey Project
Dear Ms.Kaminski :
City Manager's Office
This letter is to acknowledge the funding commitment by the City of Santa Clara, a California municipal corporation ("City") for the proposed development of the Santa Clara Family Community, a new emergency interim housing consisting of 30 units (90 doors) on a 1.3-acre County of Santa Clara-owned site located on the southeast corner of Lawrence Expressway and Benton Street in Santa Clara ("Project"). The Project is being co-developed by LifeMoves, a California nonprofit public benefit corporation ("LifeMoves") and the County of Santa Clara ("County") and these entities will also serve as co-applicants for the Homekey application .
The City acknowledges that the County and LifeMoves applied to the State of California Housing and Community Development ("State") for a Homekey funding during the Homekey NOFA Round 3.
On October 29, 2024, the Santa Clara City Council voted to allocate $5,124,369 from local funds and $1,470,000 from State Permanent Local Housing Allocation (PLHA) funds to support operations for this Project. Together these sources will total $6,594,369 and will be disbursed over seven years. This amount is less than was previously committed because actual PLHA funds totaled less than what was projected. These funds will be structured as a conditional grant so there will be no interest rate or repayment required.
Approval of the City's final business terms will take the form of a Revenue Agreement that is subject to City Council approval. Approval will occur closer to financing according to the City's general underwriting parameters and per requirements of the State Homekey Program , the County and other funders. The agreement will require a restrictive covenant to be recorded and will be subject to terms and conditions to be negotiated between the parties that includes restrictions on the use, operation, and occupancy of the project for families; City approval of an annual management and security plan; and the creation of an oversight committee.
The City supports the County's and LifeMoves' application to the State for Homekey funds to enable this much-need Project to end homelessness in Santa Clara County. If award of 1500 Warburton Avenue • Santa Clara, CA 95050 • Phone: 408-615-2210 • Fax: 408-241-6771 • www.SantaClaraCA.gov Kathryn Kaminski
Re: Santa Clara Family Community Homekey Project
November 12, 2024
Homekey funds occurs, the City will proceed with finalizing a Revenue Agreement for City Council approval. Thank you for your efforts, and we appreciate the State's consideration of this worthy Project. If you have any questions, please contact Adam Marcus, Housing & Community Services Manager at [email protected].
cc: Glen Googins, City Attorney
Reena Brilliot, Acting Director of Community Development Adam Marcus, Housing & Community Services Manager
Attachment 2
Timeline of Santa Clara Family Community Interim Housing Project
July 13, 2021 City Council study session on Project Homekey August 24, 2021 City Council study session on Homelessness, feedback to apply to Project Homekey for transitional housing site
November 9, 2021 City Council study session, feedback to continue to work with LifeMoves to identify a site within Santa Clara
November 2021 County Board directs County Office of Supportive Housing (OSH) to identify potential sites for interim housing in proximity to services and to work with local jurisdictions to bring forward projects April – October
2022
City’s Homelessness Taskforce identifies need for interim housing in Santa Clara
Fall 2022 LifeMoves and Sobrato Philanthropies approach County with proposal to build interim supportive housing at Lawrence-Benton site
January 10, 2023 City Council feedback to conduct outreach and explore interim housing at the Lawrence/Benton site
Early 2023 City, County and LifeMoves staff conduct outreach including two in- person meetings and two virtual meetings. Meetings were well attended and community members raised concerns about the suitability of the site, impacts on public safety, and the viability of the project.
2023 Project team makes significant changes to the project reducing density from 124 units to 30 units and changing the target population from singles to families with children.
May 2, 2023
June 27, 2023
City Council authorizes the City Manager’s office to negotiate and execute a three-party letter of intent between the City, County and LifeMoves and allocated $6.5 million in funding for operations of the project.
July 2023 County submitts a Homekey application to HCD.
Attachment 2
May 6, 2025 State awards $25.7 million in Homekey Round 3 funds to the project.
July, 2026 Building Permit, NEPA, Revenue Agreement
Attachment 3
Site Profile First Step for Families Haven Family House Villa (San Mateo) (Menlo Park) (San Jose)
Site lype Non-congregate family site. Non-coogregate family Non-congregate mixed with a handful of congregate Sile family and single female s,te Bed/unit capacity 37 family units / 117 beds 23 family units/ 91 beds 17 family units and 9 single female units I 69
Children's Service Children's Service
Coordinators, 1: 1 Therapy Coordinators. 1 :1 Therapy Children's Service (MSW Interns), Case (MSW Interns), Case Coordinator, MSW Interns, Services on-site Management. Child Management. Child Case Management. Housing Developme nt Center, Food Development Center, and Benefits Specialists Pantry, Donation/clothing Food Pantry.
Data Profile FY24 FY25 FY24 FY25 FY24 FY25
Total clients served 323 377 185 176 194 223
Average family size 4 household 3 househ old 4 household 4 household 3 household 3 househo ld (not counting single households, if mixed site) memebrs members members members members members Median length of stay 172 days 160 days 207 days 167 days 102 days 82 days Demographi cs:
% chronically home less 14% 14% 3% 7% 9% 26%
% with 1+ disability 35% 34% 28% 27% 41% 48%
% vetera ns <1% <1% 13% 13% 0% 0%
% age 55+ <1% 2% 8% 9% 9% 7%
% children/yout h 57% 55% 54% 56% 41% 45%
Outcomes (of total project exits , all household
types) :
% exiling to a permanent home 70% 78% 89% 91% 51% 35%
% exiting to a temporary placement 20% 14% 8% 8% 22% 31% o/o exiting to an institutional destinalio n (foster 3% 3% <1% <1% <1% 3% care, hospital, ja ii. detox, skilled nursing. % exiting back to homeless ness 7% 6% 2% 0% 25% 25%
Number of times emergency assistance was
17 35 4 5 16 20 contacted (911, 311, mobile crisis, APS, CPS ):
% medical incident 35% 20% 50% 40% 38% 55%
% non-violent incidents 35% 66% 25% 40% 31% 15%
% violent lndlcidents 12% 6% 25% 20% 13% 10%
% threat of violence 18% 6% 0% 0% 19% 5%
% other (self-harm, suicidal ideation, 0% 3% 0% 0% 0% 15% deceased) Pag
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Agreement between County of Santa Clara and the City of Santa Clara
AGREEMENT FOR THE FUNDING AND OPERATION OF THE SANTA CLARA FAMILY
COMMUNITY INTERIM HOUSING PROJECT
This agreement for the funding and operation of the Santa Clara Family Community Interim Housing Project (“Agreement”) is entered into effective as of ______________, 2026 (“Effective Date”) by and between the County of Santa Clara, a political subdivision of the State of California (the “County”) and the City of Santa Clara, a California chartered municipal corporation (the “City”); each a “Party,” and sometimes collectively referred to as the “Parties” hereunder), with reference to the following facts:
RECITALS
A. WHEREAS, the Parties have endorsed the 2020-2025 Community Plan to End Homelessness in Santa Clara County and have approved resolutions finding that the problem of homelessness in Santa Clara County is a crisis; and
B. WHEREAS, the Parties and other partners seek to reduce homelessness while sharing costs, prioritizing services to the community’s most vulnerable homeless persons , using resources strategically, and maintaining effective operational relationships; and C. WHEREAS, in its role as the lead agency for the Santa Clara County Continuum of Care (“CoC”), the County’s Office of Supportive Housing (“OSH”) coordinates permanent housing programs, shelter and transitional housing, supportive services, a homeless management information system and supportive housing policies and standards countywide; and D. WHEREAS, the County has established effective partnerships to manage and coordinate programs such as Permanent Supportive Housing ( “PSH”), Rapid Rehousing ( “RRH”), homelessness prevention, housing problem solving, interim housing services, and outreach services; and
E. WHEREAS, in July 2021, the City Council asked City staff to find a site that could be used to develop a new emergency interim housing facility by leveraging the State of California’s Homekey Program—a direction that was reinforced by the finding of an increase of 35% in homelessness in the City of Santa Clara from 2019 to 2022 according to the Santa Clara County Homeless Census and Survey and the finding that there are not enough interim housing options in Santa Clara by the City of Santa Clara’s Homelessness Task Force; and F. WHEREAS, the County had identified County- owned property located at Benton Street and Lawrence Expressway, which was no longer needed for its original purpose and suitable for the construction of new interim housing and LifeMoves began to explore the development of interim housing on that site for single adults; and
Attachment 4
Agreement between County of Santa Clara and the City of Santa Clara G. WHEREAS, through feedback and information obtained through an extensive community engagement process organized by the City, the County, and LifeMoves, the proposal for the site was modified to the development of interim housing for families with children instead of single adults; and
H. WHEREAS, on May 2, 2023, the Santa Clara City Council voted to support the County’s and LifeMoves (as co -sponsors) application to the California Department of Housing and Community Development’s Homekey Program and to support the project through the City’s financial contribution towards operation of the project, which is now known as the Santa Clara Family Community (“Project”) more particularly described below and in Exhibit A attached hereto, to be located at Lawrence Expressway and Benton Street at the address commonly known as 3590 Benton Street, Santa Clara, California (APN: 290-22-154) (the “Property”); and
I. WHEREAS, the County and LifeMoves were awarded $25,740,000 in Homekey funds towards development and $3,240,000 in Homekey Operating Subsidy for the Project; additionally, the County secured a $1,000,000 California State Budget Appropriation and $10,000,000 in funds from private philanthropy and LifeMoves towards development of the Project, and the County is contributing $6,793,771 in County Funds towards development and operation of the Project; and
J. WHEREAS, the Project will be comprised of 30 family units with a capacity to house approximately 90-120 people, will be operated as an interim housing facility serving families with children under age 18 experiencing homelessness or at risk of homelessness, prioritizing current City of Santa Clara residents, with on- site services and st affing, and design features and operational plans to maximize security of residents and the surrounding neighborhood, all as more particularly described in this Agreement; and
K. WHEREAS, the Project will cost an estimated $65,000,000 to operate over the first 15 years; and
L. WHEREAS, in furtherance of the Parties’ mutual interests in addressing homelessness within the City, the City has authorized the allocation of up to $6,592,139 (“City Contribution”) to support seven ( 7) years of operations of the Project, conditioned on City approval of agreements setting forth the terms and conditions of its support and Project operations; and
M. WHEREAS, a portion of the City Contribution for the operations of the Project will come from a portion of the City’s Permanent Local Housing Allocation Entitlement Funds (“PLHA Funds”), as set forth in the Second Amendment to the Permanent Local Housing Allocation Consortium Agreement Between the County of Santa Clara and the City of Santa Clara; and
Agreement between County of Santa Clara and the City of Santa Clara N. WHEREAS, the Project must be developed and operated according to Homekey grant terms and conditions, including but not limited to: use restriction for interim housing for a minimum of 30 years, employment of Housing First in its property management and tenant and participation selection practices such that Homekey Projects mus t accept tenants and participants regardless of sobriety, participation in services or treatment, history of incarceration, or credit or eviction history, and use of Coordinated Entry and Homeless Management Information Systems, with certain exceptions, al l as more particularly set forth under the terms of this Agreement; and
O. WHEREAS, the County desires to design, build, and operate an effective family interim housing facility that is focused on successfully connecting families to permanent housing and the City desires to provide financial support for the interim housing facility’s operations through the City Contribution according to the terms and conditions set forth in this Agreement; and
P. WHEREAS, the Parties have negotiated terms for the City’s provision of the City Contribution to the Project and desire to set f orth those terms in this Agreement , including the Project Description and Project Programs set forth in Exhibits A and B attached hereto.
NOW, THEREFORE, i n consideration of the foregoing Recitals, and the mutual promises and covenants contained in this Agreement, the Parties agree as follows:
AGREEMENT
1) TERM
The term of this Agreement shall commence on the Effective Date and will terminate one year after the payment of the seventh annual installment of the City Contribution unless extended by mutual consent or terminated as provided below in Section 5 (TERMINATION AND REMEDIES).
2) PROJECT DEFINITIONS AND ROLES AND RESPONSIBILITIES
a) The Parties have agreed to the general description for the design and operations of the Project which are attached hereto and incorporated herewith as Exhibit A (“Project Description”) and Exhibit B (“Project Programs”). The Parties shall work together in good faith to jointly develop more detailed programs and policies, as contemplated in the Project Programs and as otherwise necessary to implement the Project.
b) City’s Responsibilities
i) The City Manager shall designate a City employee to serve as the Project’s program manager (“Program Manager”). The Program Manager shall:
(1) Serve as the County’s liaison to the City’s departments and City Council;
Agreement between County of Santa Clara and the City of Santa Clara (2) Participate in management meetings for the Project Programs , which will be held as needed; and,
(3) Actively assist in the development and improvement of the Project Programs to ensure that the Project Programs meet the City’s goals.
ii) Subject to the conditions set forth in this Agreement , during the Term t he City shall contribute to the Project a total maximum amount of six million five hundred ninety- two thousand one hundred thirty-nine dollars ($6,592,139) (the “City Contribution”) through seven annual installment payments in the amount of nine hundred forty- one thousand seven hundred thirty- four dollars and fourteen cents ($941,734.14) each to offset a portion of the operating expenses that were included in the budget submitted to HCD for the Homekey application. The City will approve the disbursement of the first installment of the of the City Contribution on or after the date of issuance of the Project’s Certificate of Occupancy. The City Contribution is comprised of (A) $1,467,770 in Permanent Local Housing Allocation funds (“PLHA Funds”) which are currently being held and administered by the County pursuant to that certain Second Amended Permanent Local Housing Allocation Consortium Agreement between the County and the City dated as of February 13, 2025, and (B) $5,124,369 from the City’s Affordable Housing Funds (“City Local Funds”). Each installment payment shall be made first using available PLHA Funds and remainder of the installments, if any, will be paid using City Local Funds.
iii) City’s funding obligations and amounts each year under this Agreement are , in part, contingent upon the County demonstrating to the City’s reasonable satisfaction the availability of adequate funds to operate the Project consistent with Homekey Program requirements, the Santa Clara County Continuum of Care Quality Assurance Standards for family shelters, as may be amended from time to time , which can be located at https://osh.santaclaracounty.gov/continuum-care/service-provider-partners-training-and- resources and are incorporated by this reference (“CoC Quality Assurance Standards”), and Project Programs (Exhibit B).
c) Process for Disbursement of Installment Payments
i) Prior to the use by the County of any of the PLHA Funds to the Project, the County shall submit to City a dvance notification of its intent to disburse PLHA funds to the Project. The County’s notification shall include information reasonably necessary for the City to confirm the satisfaction of the contingency set forth in subsection 2(b)(iii) above. The County may disburse funds upon the City’s confirmation that the information provided is to its satisfaction. N otwithstanding this provision 2(c)(i), the City will not unreasonably prevent the County from meeting the deadlines and other program requirements required by the State for PLHA funds, including but not limited
Agreement between County of Santa Clara and the City of Santa Clara to expenditure and reporting deadlines. The County’s maintenance and expenditure of the PLHA funds shall be in accordance with the PLHA Program Grant Agreement between the State of California (approved Oct. 5, 2020).
ii) Prior to the disbursement by the City of any City Local Funds to the County, the County shall submit to City a request for disbursement of funds (“Request for Disbursement”) which shall include information reasonably necessary for the City to confirm the satisfaction of the contingency set forth in subsection 2(b)(iii) above.
iii) The City Manager shall issue written approval for the drawdown of the funds within fifteen (15) days after receipt of a Request for Disbursement.
iv) The County may submit its first Request for Disbursement any time after issuance of the Certificate of Occupancy for the Project. The County may only submit a Request for Disbursement one time in any twelve-month period.
d) County’s Responsibilities
i) The County shall designate one or more Program Managers to:
(1) Serve as the City’s liaison to County departments and Board of Supervisors;
(2) Plan and lead management and coordination meetings, which will be held as needed;
(3) Lead in development, management , and refinement of the Project Programs to ensure that the Project Programs meets their goals;
(4) Lead coordinati on meetings with appropriate stakeholders to ensure the Project Programs’ success;
ii) The County shall make a good faith effort to obtain additional Project funding from sources that do not conflict with Homekey requirements or the Project Programs (Exhibit B).
iii) The County shall use all reasonable efforts to make sure the Project is developed and operated in accordance with all applicable Project grant and legal requirements, including use restrictions and covenants , and in a manner consistent with the Project Description attached as Exhibit A and Project Programs attached at Exhibit B.
iv) The County shall provide and/ or subcontract with LifeMoves or other qualified contractors (“Qualified Contractors”) for the provision of , any and all services
Agreement between County of Santa Clara and the City of Santa Clara necessary to implement the Project Program as further described in Exhibit B. The contracts with Qualified Contractors shall include the County’s standard insurance requirements for service providers, which are attached hereto as Exhibit C. Before the first payment of the City Contribution, County will cause the agreement between the County and Qualified Contractors to include a provision whereby the Qualified Contractors add the City as additional insureds on its insurance policies related t o operations of the Project, and agree to indemnify the City for third-party claims arising out of Qualified Contractor’s operations of the project in a form at least as protective as those terms set forth on Exhibit C (County’s Indemnity and Insurance ). This obligation is a material obligation of this Agreement and shall endure until this Agreement terminates. County shall provide the City with a copy of the agreement with the Qualified Contractors once fully executed, and City may withhold payment of City Contributions until receipt of agreement(s) and confirmation that the agreement(s) include the indemnity language and insurance obligations required by this Section.
v) The County or its contractors shall implement referral criteria and procedures consistent with the Santa Clara County Continuum of Care’s Coordinated Assessment System and Homekey requirements.
e) The Parties shall work collaboratively to:
i) Establish the Project Programs ’ success and outcome measures consistent with the Santa Clara County Continuum of Care’s System Performance Measure s and City Grant Requirements;
ii) Identify resources that would enable the Project Programs to more effectively use City and County funds and improve Project Programs ; incorporating lessons learned from similar Project Programs; and
iii) Meet regularly to discuss the performance and progress of the Project Programs. When appropriate, the Parties sha ll jointly develop corrective actions to be implemen ted by the Project Programs’ contractors.
iv) Jointly monitor the Project Programs’ expenses and outcomes.
3) AGREEMENT REGARDING PROJECT TARGET POPULATION AND
OVERSIGHT
a) Consistent with the t erms of this Agreement and the Homekey Standard Agreement, the County will require that the Project exclusively serve homeless families as defined in Exhibit B, Section 3, so long as such a restriction does not render available shelter beds at the Project to go vacant or prevent the County or Qualified Contractors from complying with the occupancy requirements of the Homekey Standard Agreement with the State of California.
Agreement between County of Santa Clara and the City of Santa Clara While the Project serves homeless families with minor children, County shall include in its agreement with the Qualified Contractors to require the Qualified Contractors to conduct the Sex Offender Registry Verification process described in Exhibit B, Section 3.
b) Consistent with the terms of this Agreement and the Homekey Standard Agreement, t he County will require that the Project will prioritize local families in accordance with the Local Preference provisions of Section 3 of Exhibit B.
c) In the event that the demographics of the local unhoused population and/or the households on the shelter waiting list change to such an extent that there is a significant and foreseeable risk the Project will be non-compliant with the occupancy requirements of the Homekey Standard Agreement with the State of California, it is agreed that the City and the County will meet in good faith to determine a mutually agreeable solution to maintain occupancy of shelter beds, consistent with Homekey restrictions on the Project.
d) It is understood that the Parties’ interests are best served when the Project is operated in a safe, effective, and humane manner. The County shall require LifeMoves (or other Qualified Contractor in control of the Project) to afford reasonable access to the City to monitoring reports and related non- confidential or privileged records, and site visits. The County will work in good faith and collaborate with the City to respond to and address any issues or concerns raised regarding operation of the Project.
e) It is expressly agreed that the obligations and commitments in this Section 3, Agreement Regarding Project Target Population and Oversight, shall endure for a period of 30 years and shall survive expiration or termination of this Agreement.
4) MUTUAL INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, the County and the City agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees or agents, under or in conne ction with or arising out of any obligations, work, authority or jurisdiction delegated to such party under this Agreement. No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Parties hereto, their officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Parties under this Agreement.
Agreement between County of Santa Clara and the City of Santa Clara 5) DEFAULTS, REMEDIES, AND TERMINATION
a) Defaults – General
i) Failure by either Party (“Defaulting Party”) to perform a material obligation of this Agreement constitutes a default under this Agreement. Upon receiving written notice of default (“Notice of Default”) from the Non-Defaulting Party in the manner set forth in Section 12 (Notices) of this Agreement , t he Defaulting Party must immediately commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence.
ii) Failure or delay in giving a Notice of Default shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by either party in asserting any of its rights and remedies shall not deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.
iii) If the default is reasonably capable of being cured within thirty (30) days of issuance of Notice of Default, the Defaulting Party shall have such period to effect a cure prior to exercise of remedies by the Non-Defaulting Party. If the default is such that it is not reasonably capable of being cured within thirty (30) days, and the Defaulting Party (1) initiates corrective action within said period, and (2) diligently, continually, and in good faith works to effect a cure as soon as possible, then the Defaulting Party shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by the Non-Defaulting Party. In no event shall the Non-Defaulting party be precluded from exercising its legal and equitable remedies for breach of contract if its rights become or are about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety (90) days after issuance of the Notice of Default.
b) Termination. City may terminate this Agreement with or without cause upon providing thirty (30) days’ prior written notice to the addresses set forth in Section 12 (Notices), below; provided, however, in the event the City elects to terminate this Agreement without cause prior to full expenditure of the City Contribution, the provisions of Section 3 above shall not survive termination of this Agreement. After PLHA funds are expended, the County may terminate this Agreement with or without cause upon providing thirty (30) days’ prior written notice to the address set forth in Section 12 (Notices), below, provided
Agreement between County of Santa Clara and the City of Santa Clara that the County will reimburse the City a pro-rata portion of the City Contribution paid for that operational year.
c) Acceptance of Service of Process.
i) In the event that any legal action is commenced by the County against the City, service of process on the City shall be made by personal service upon the City Clerk or in such other manner as may be provided by law.
ii) In the event that any legal action is commenced by the City against the County, service of process on the County shall be made by personal service upon the County Clerk of the Board, or in such manner as may be provided by law.
d) Rights and Remedies Are Cumulative. T he rights and remedies of the parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6) AUTHORITY
Each Party represents and warrants that it has the authority to enter into this Agreement.
7) RELATIONSHIP
Nothing contained in this Agreement shall be deemed or construed by the Parties or any third party to create the relationship of partners or joint ventures between the City and the County.
8) CONFIDENTIALITY
The Parties agree that by virtue of entering into this Agreement they each shall have access to certain confidential information regarding the other P arty’s operations and the Project. Each of the Parties shall not disclose confidential information and/or materials without the prior written consent of the other P arty, unless such disclosures are required by California law.
Where appropriate, resident releases shall be secured before confidential resident information is exchanged.
9) ENTIRE AGREEMENT
This Agreement and its Appendices and Exhibits (if any) constitutes the final, complete and exclusive statement of the terms of the agreement between the parties. It incorporates and supersedes all the agreements, covenants and understandings between the parties concerning the subject matter hereof, and all such agreement s, covenants and understandings have been merged into this Agreement. No prior or contemporaneous agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.
Agreement between County of Santa Clara and the City of Santa Clara 10) MODIFICATION
This Agreement may not be enlarged, modified, or altered, except if it is evidenced in writing, signed by the Parties with reference to this Agreement.
11) SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in force without being impaired or invalidated in any way.
12) NOTICES
Notices to the Parties in connection with this Agreement shall be given personally or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the Parties as follows:
COUNTY OF SANTA CLARA CITY OF SANTA CLARA
KJ Kaminski, Director Jōvan Grogan, City Manager
Office of Supportive Housing City of Santa Clara
150 West Tasman Drive 1500 Warburton Avenue
San José, CA, 95134 Santa Clara, CA 95050
With a Copy To: City Attorney
Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated on the date of delivery.
13) AMENDMENTS
This Agreement may be amended only by a written instrument signed by the Parties.
14) WAIVER
No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a Party must be provided, in writing, and shall apply to the specific instance expressly stated.
15) GOVERNING LAW AND VENUE
This Agreement has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Agreement shall be in the County of Santa Clara.
16) COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument.
Agreement between County of Santa Clara and the City of Santa Clara 17) ASSIGNMENT
No assignment of t his Agreement or if the rights and obligations hereunder shall be valid without the prior written consent of the other party.
18) COMPLIANCE WITH LABOR LAWS
County shall comply with, and its subcontracts for operation or services at the site shall require compliance with , all applicable Federal, State, and local wage and hour laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage, prevailing wage, or living wage Laws.
Upon the written request of the City, County shall provide written evidence of compliance with this Section 18 (COMPLIANCE WITH LABOR LAWS).
19) INSPECTION OF BOOKS AND RECORDS
County shall maintain complete, accurate, and current records pertaining to the Project and the Project Program for a period of five (5) years after the creation of such records, and shall permit any duly authorized representative of the City to inspect and copy records, during regular business hours upon reasonable advance notice. County shall require Qualified Contractors to do the same. Records must be kept accurate and current.
20) CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.
[Signatures appear on the following page]
Agreement between County of Santa Clara and the City of Santa Clara IN WITNESS WHEREOF, the Parties have caused this Agreement to be entered into effective as of the Effective Date.
COUNTY OF SANTA CLARA CITY OF SANTA CLARA
__________________________ ____________________________ James R. Williams Jōvan Grogan
County Executive City Manager
APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM
___________________________________
Stefanie Wilson Glen R. Googins
Deputy County Counsel City Attorney
Agreement between County of Santa Clara and the City of Santa Clara
EXHIBIT A
PROJECT DESCRIPTION
The proposed project (“Project”) will be located on the Property and will provide interim housing with thirty (30) housing units containing at least 90 bedrooms, along with support service spaces for unhoused families living in the City and the County.
The Project proposes to construct one three story building, surface parking and ground floor space for providing services. The building will contain the housing units and amenity spaces for families with children, including a welcome area, childcare facility with its own outdoor space for children ages 18 months - 5 years, dining and pantry, warming kitchen, cafeteria, laundry room, therapeutic spaces, utility room, storage room and community room for use by the residents. The outdoor areas of the Project will include a multi- use lawn area, dog park, community garden and rooftop deck for resident use.
Agreement between County of Santa Clara and the City of Santa Clara
EXHIBIT B
PROJECT PROGRAMS
This Exhibit describes the Project Programs that will be implemented under this Agreement, either directly by the County or by the Qualified Contractors. The Parties shall work together in good faith to jointly develop more detailed programs and policies, consistent with the Project Programs outlined in this Exhibit, and as otherwise necessary to implement the Project.
1. General Project Description
Santa Clara Family Community is an interim housing facility with onsite support services , which will provide privacy, secu rity, mental health support, recovery programs , employment services, financial literacy, and programs for children. The facility will include nightly sleeping accommodations, a dining hall, community room, bike storage, therapy rooms, pet area , en suite bathrooms, kitchenettes, showers, laundry services, mail services, internet access, and other basic need services. Case management services are to be made available to all clients in order to develop customized service plans to meet each individual’s or household’s goals. Case management services will focus on connections to mainstream community resources and support networks to increase income, support housing placement, and to facilitate long-term housing retention.
2. Number of Households
The Project shall serve up to 30 families through its 90 bedrooms housing approximately 90- 120 people (i.e., single-bedrooms, two-bedrooms, three-bedrooms).
3. Project Operations
The Project will be operated in accordance with the following terms and conditions:
a) Interim Housing for Families. The Project will be developed and operated as an “interim housing project” for “families.” “Interim housing” shall mean housing for currently homeless families including access to on -site and off -site support services designed to prepare the family for and identify permanent residency opportunities at another location. “Families” shall be defined to mean a family unit that includes at least one minor child or a child who is 18 and enrolled in high school.
b) Local Preference. Households shall be referred from the Santa Clara County Shelter Hotline using the triage tool to assess households that are affiliated with Santa Clara based on responses to the following questions . Priority and preference shall be for households that have children enrolled in the Santa Clara Unified School District or families with children that are affiliated with the City of Santa Clara according to the remaining questions listed below.
Agreement between County of Santa Clara and the City of Santa Clara i) In which city do you spend most of your time?
ii) Which city did you live in prior to becoming homeless?
iii) If you are employed, in which city is your workplace?
iv) If you or your children go to school, in which city is the school?
c) Quarterly Community Meetings. Prior to the issuance of the certificate of occupancy, the County shall organize a community meeting for anyone who wishes to attend. The County shall convene community meetings at least four times per year for the first two years of operation, and the County may delegate these obligations to the Qualified Contractor . If the Project is running smoothly after two years of operation , the County may reduce the community meetings to an annual or as -needed basis with notice to the City. However, City at is sole discretion may require the County to hold additional Community Meetings on an as -needed basis , and the County may delegate this obligation to Qualified Contractors. At least one City staff member shall attend all additional Community Meetings unilaterally requested by the City; if no City staff member will be in attendance, a Community Meeting requested by the City may be cancelled or rescheduled to a time when City staff is available to attend . The purpose of the se community meetings is to receive and respond to community feedback on issues or concerns that arise during construction and operations . LifeMoves and the County will jointly coordinate these meetings in consultation with the City.
d) Sex Offender Registry Verification . Clients referred to the Project will be checked by LifeMoves staff against the public sex offender registry prior to enrollment and if confirmed to be on the registry, those clients will not be allowed to access this facility.
However, under no circumstance will this contractual agreement require the County or Qualified Contractors to violate applicable state or federal law.
e) Compliance with Homekey and Other Legal Requirements . At all times, the Project will be operated in strict conformance with any and all Homekey or other funding source requirements, and any and all applicable federal, state and local laws.
4. Reporting Requirements
The County shall provide quarterly reports that include the following:
a) Number of unduplicated clients served:
i) All clients served.
Agreement between County of Santa Clara and the City of Santa Clara ii) Client demographics (age, race, ethnicity, household size, single parent households, etc.)
iii) Clients served that are affiliated with the City of Santa Clara as defined by HMIS.
b) Exit destinations for:
i) Number of unduplicated client exits per period by exit categories.
ii) Number of unduplicated client exits per period by exit categories for those affiliated with the City.
c) Average length of time that individuals and families remain in shelter.
d) Returns to homelessness within 12 months after exiting the program , of individuals and families served, as data becomes available.
e) Returns to homelessness within 2 years after exiting the program , of individuals and families served, as data becomes available.
f) A summary expenditure report that outlines costs City funding contributed to. Categories and format to be agreed upon.
Agreement between County of Santa Clara and the City of Santa Clara
EXHIBIT C
INSURANCE REQUIREMENTS FOR
STANDARD CONTRACTS ABOVE $100,000
Indemnity
Notwithstanding any other provision of this Agreement, Contractor shall indemnify, release, hold harmless, and defend, with counsel approved by County of Santa Clara (hereinafter “County”), County and its officers, agents, and employees from any claim, demand, suit, judgment, liability, loss, injury, damage, or expense of any kind (including attorneys’ fees and costs) arising out of, or in connection with, performance of this Agreement by Contractor and/or its officers, agents, employees, or sub-contractors, excepting only loss, injury, or damage caused by the sole negligence or willful misconduct of personnel employed by County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for County as allowed by law. Contractor shall reimburse County for all costs, attorneys’ fees, expenses, and liabilities incurred with respect to any litigation or process in which Contractor contests its obligation to indemnify, defend, and/or hold harmless County under this Agreement and does not prevail in that contest.
Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:
A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.
This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.
B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to
Agreement between County of Santa Clara and the City of Santa Clara the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.
C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.
D. Insurance Required
1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
(1) Each occurrence - $1,000,000
(2) General aggregate - $2,000,000
(3) Products/Completed Operations aggregate - $2,000,000 (4) Personal Injury - $1,000,000
2. General liability coverage shall include:
(1) Premises and Operations
(2) Products/Completed
(3) Personal Injury liability
(4) Severability of interest
3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:
Additional Insured Endorsement, which shall read:
“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa
Agreement between County of Santa Clara and the City of Santa Clara Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements.
4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement)
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.
5. Workers' Compensation and Employer's Liability Insurance (1) Statutory California Workers' Compensation coverage including broad form all-states coverage.
(2) Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.
6. Cyber Liability
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
7. Cyber liability coverage shall include at a minimum, but not limited to:
(1) Information Security and Privacy Liability
(2) Privacy Notification Costs
E. Special Provisions
The following provisions shall apply to this Agreement:
Agreement between County of Santa Clara and the City of Santa Clara
1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification.
2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self -insurance on the part of the Contractor.
However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self - insurance programs or self-insurance retentions.
3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.
4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.
F. Fidelity Bonds
(Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County.
California Welfare and Institutions Code Section 8255 and California Government Code Section 65660 regarding “Housing First” policies and core components as set forth in state law
California Code, WIC 8255
Welfare and Institutions Code - WIC
DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. )
CHAPTER 6.5. Housing First and Coordinating Council [8255 - 8257.3] ( Chapter 6.5 added by Stats. 2016, Ch. 847, Sec. 2. )
8255.
For purposes of this chapter:
(a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257.
(b) “Core components of Housing First” means all of the following:
(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services.
(2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness. ”
(3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness.
(4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy.
(6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes.
Attachment 5
(7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction.
(8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve, ” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents.
(9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.
(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. (11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants.
(c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal Regulations.
(d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
(2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer term rental assistance, income assistance, or employment. (B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age. Providers should work with the youth to engage in family reunification efforts, where appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, decent housing options. Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance.
(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing emergency shelter, interim housing, housing, or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter.
(Amended by Stats. 2024, Ch. 297, Sec. 5. (SB 1395) Effective January 1, 2025.)
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-318 Agenda Date: 7/14/2026
REPORT TO COUNCIL
SUBJECT
Public Hearing: Adoption of a Resolution Confirming the Weed Abatement Report and Ordering the Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein
BACKGROUND
On February 23, 1976, the City Council approved a partnership with the County of Santa Clara (“County”) to administer the City’s Weed Abatement Program. Over the past five decades, the County has managed the program efficiently and effectively. The program plays a crucial role in mitigating risks associated with overgrown vegetation and the accumulation of combustible materials, which can pose fire hazards, while also maintaining community aesthetic standards to prevent urban blight.
This agreement has significantly reduced program costs for the community through economies of scale.
The 2025 County Weed Abatement Assessment report, approved by City Council on July 15, 2025, assessed a total of 204 non-compliant lots or parcels of land for a total cost of $185,246.65. This amount included initial inspections, enforcement actions, actual abatement, and rollover fees from previous years.
The City Council is the final arbiter of all appeals. On February 10, 2026, in accordance with Title 8, Chapter 15 of the Santa Clara City Code (SCCC), the City Council held an initial public hearing and declared weeds a nuisance. A second public hearing was convened on March 24, 2026, to address objections regarding the inclusion of certain properties in the 2026 County Weed Abatement Commencement Report and to order the abatement of the nuisance caused by growing weeds.
In response to public input received at the March 24th hearing, the City Council directed staff to undertake the following actions:
· Conduct a thorough review of all property owner appeals to ensure each contested case was carefully evaluated.
· Continue working with the County to improve community engagement and the notification process.
The Fire Department, Community Development Department, and County Weed Abatement Program reassessed all applicable properties and continued to collaborate on improving the overall process.
Following the conclusion of the 2026 appeal process and the Council resolution ordering the abatement of weeds on March 24, 2026 (Attachment 1), the County Weed Abatement Program Manager directed County staff to conduct inspections that began on April 15, 2026, and instructed the contractor to abate identified hazards on properties within Santa Clara that remained out of City of Santa Clara Printed on 7/10/2026Page 1 of 4
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26-318 Agenda Date: 7/14/2026
compliance. This report contains the initial and secondary inspections, along with some abatement activities that were completed as of June 15, 2026. The County must obtain a warrant to enter private property to complete the required abatement. Warrant applications are still in process for several properties in Santa Clara that need abatement.
DISCUSSION
The Santa Clara County Consumer & Environmental Protection Agency Weed Abatement Program Manager has prepared Exhibit A - City of Santa Clara Weed Abatement Assessment Report (Attachment 2) for 2026, listing the respective lots or parcels of land within Santa Clara upon which the County conducted inspections and/or abatement services. Inspections began on April 15, 2026, and are ongoing, as is the actual abatement. The fees assessed are for work done through June 15, 2026. Any additional work done after that date will be carried over into 2027.
The 2026 Santa Clara County Weed Abatement Program identified a total of 196 non-compliant lots or parcels of land. Subsequently, the County notified the property owners of the costs associated with inspections and/or the abatement as outlined in Exhibit A - City of Santa Clara Weed Abatement Assessment Report for 2026, totaling $157,980.64 as shown in Table 1 below:
Table 1: Summary of 2026 Abatement Program Assessments
Number of Properties Assessment Amount
145 Initial Inspections (inspections still in
progress)
$42,920.00
30 Inspection failed, additional inspection fees $8,880.00 17 Ongoing compliance inspection fees $16,201.00
Actual Abatement Costs Not yet assessed
Previous Fees/Rollover $89,979.64
Total Assessed to Date for 2026 $157,980.64
Abatement charges carried over from the 2025 season totaled $89,979.64 as shown above. As noted above, some inspections are still in progress, and the actual abatement costs for 2026 have not yet been assessed. Those inspection and abatement costs, once assessed, will be carried over into 2027.
In accordance with SCCC 8.15.090, this Public Hearing provides the public with an opportunity to object to the inclusion of properties in the County's report. It also allows the City Council to modify or confirm the report and order that the cost of inspections and abatement be added as a Special Assessment to the respective properties described therein. Staff recommend that the City Council conduct the public hearing, consider all written and oral testimony presented, make any necessary and appropriate modifications to the property lists, and approve the Weed Assessment Report. The next step would be to present the assessment report to the County Assessor for the implementation of special assessments on the properties at the listed assessment amounts.
ENVIRONMENTAL REVIEW
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26-318 Agenda Date: 7/14/2026
The City of Santa Clara contracts with the County of Santa Clara to perform and implement the weed abatement program within the City. The County of Santa Clara has determined the Weed Abatement Program to be Categorically Exempt from the California Environmental Quality Act ("CEQA") pursuant to Guideline 15308.
FISCAL IMPACT
The City of Santa Clara administers the weed abatement program in collaboration with the Santa Clara County Consumer & Environmental Protection Agency. The County's costs for inspection or abatement services, including administrative fees, are assessed on the respective lots or parcels of land. The assessments totaling $157,980.64, detailed in Exhibit A of the City of Santa Clara Weed Abatement Assessment Report, will be imposed as liens on the listed properties and will not be borne by the City. All charges for weed abatement services will be included as a special assessment in the following year's property tax statement.
In accordance with the 2022 Amended and Restated agreement, if tax assessments are insufficient to cover the program's costs, the County will invoice the participating jurisdictions/agencies for their pro-rata share of the program's shortfall in December. Currently, there is no fiscal impact on the General Fund.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Per SCCC 8.15.080, notice of this Public Hearing was published in the Santa Clara Weekly and posted with a copy of the County's Weed Abatement Assessment Report on July 1, 2026, and July 8, 2026. The cost report prepared by the County Weed Abatement Program was posted on the bulletin board outside the City Council Chambers at City Hall, located at 1500 Warburton Avenue, Santa Clara, CA 95050; on the bulletin board in the lobby of City Hall, and at the entrance of the Fire Department, located at 777 Benton Street, Santa Clara, CA 95050.
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
Conduct the public hearing, consider all written and oral testimony presented, and adopt a Resolution confirming the 2026 Weed Abatement Program Assessment Report and Assessment List (Attachment 3) pursuant to SCCC 8.15.090 and directing the imposition of special assessments on the properties and in the amounts listed.
Reviewed by: Ruben Torres, Fire Chief
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
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26-318 Agenda Date: 7/14/2026
1. Fully Executed Resolution Ordering Abatement of Weeds 2026 No. 26-9543
2. Exhibit A - City of Santa Clara Weed Abatement Assessment Report 06.15.26
3. Resolution Confirming the 2026 Weed Abatement Report and Assessment-DRAFT City of Santa Clara Printed on 7/10/2026Page 4 of 4
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Resolution/Weed Abatement Program, Ordering the Abatement of a Nuisance Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. 26-9543
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
ORDERING THE ABATEMENT OF A NUISANCE CONSISTING OF
GROWING WEEDS IN THE CITY OF SANTA CLARA
WHEREAS, on February 10, 2026, the City Council of the City of Santa Clara adopted a Resolution declaring weeds to be a public nuisance in the manner provided in Chapter 8.15 of the Santa Clara City Code;
WHEREAS, Subsequently, the City of Santa Clara published a Notice to Destroy Weeds and notice of public hearing informing residents of the City that the growing of weeds had been declared a nuisance, that residents were ordered to abate any such condition on their property, that a failure to abate such a condition would result in the City taking remedial action and assessing against such property the costs of abatement; WHEREAS, the City has entered into an agreement with the County of Santa Clara entitled, “Amended and Restated Agreement between the County of Santa Clara and the City of Santa Clara for Weed Abatement Services," most recently approved on February 22, 2022, a copy of which is on file in the Office of the City Clerk (“Agreement”); WHEREAS, pursuant to this Agreement with the County, non -compliant properties were inspected and added to the 2026 Commencement Report where appropriate; WHEREAS, On March 24, 2026, a public hearing was held to hear and consider all objections to the proposed destruction or removal of such weeds on the properties set forth in the Commencement Report, and
WHEREAS, no protests have been received by the City Council protesting the abatement of the nuisance, or if such protest(s) were received they were either allowed or overruled as required by City Code, so the City Council deems it to be in the best interests of the City to direct the County Consumer and Environmental Protection Agency to commence abatement of the nuisance of weeds growing in the City of Santa Clara, pursuant to the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the County of Santa Clara Consumer and Environmental Protection Agency shall abate the nuisance in the manner provided by the Agreement, City Code, and applicable State law. The County Consumer and Environmental Protection Agency is hereby directed to give notice by mail to the owner or owners of each individual parcel of land upon which weeds will be abated by the City at least ten (10) days before abatement. The notice shall be given by mail, addressed to the owner at their last known address, as shown on the last County equalized assessment roll. Meanwhile, and before the expiration of the notification period, any owner may voluntarily abate the nuisance. Said parcel or lot of land will still be added to the Commencement List for ongoing monitoring.
2. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 24TH DAY OF MARCH, 2026, BY THE FOLLOWING VOTE:
AYES: COUNCILORS :
NOES: COUNCILORS:
ABSENT: COUNCILORS :
ABSTAINED: COUNCILORS :
Attachments incorporated by reference :
1. City of Santa Clara Public Notice to Destroy Weeds
Chahal, Cox, Gonzalez, Hardy, Jain, and Park, and
Mayor Gillmor
None
None
None
ATTEST:~/}
~~O=R=A~P-IM~E~N- T'"""'E=L ..... , ._M ....... C ___ _
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
2. 2026 County Weed Abatement Commencement Report
Resolution/Weed Abatement Program, Ordering the Abatement of a Nuisance Rev: 7/27/2023
City of Santa Clara
Notice to Destroy Weeds
NOTICE IS HEREBY GIVEN that on February 10, 2026, pursuant to the provisions of §
8.15 et seq. of the Code of the City of Santa Clara, California, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in § 8.15.010 of the Code of the City of Santa Clara, constitute a public nuisance; this nuisance must be abated by the removal of the weeds.
NOTICE IS FURTHER GIVEN that property owners shall, without delay, remove all weeds from their property and the abutting half of the street in front and alleys, if any, behind the property and between the lot lines as extended, or the weeds will be destroyed or removed and the nuisance abated by the County authorities, in which case the cost of the destruction or removal will be assessed upon the lots and lands from which or from the front or rear of which, the weeds have been destroyed or removed, and the cost will constitute a lien upon the lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected.
NOTICE OF PUBLIC HEARING. All property owners wanting to provide input regarding the proposed destruction or removal of the weeds are hereby notified to attend a meeting , either in person or remotely, of the City Council of the City of Santa Clara to be held in the Council Chambers of the City Hall, 1500 Warburton Avenue, Santa Clara, California, on March 24, 2026 , at 7:00 p.m., to have their comments heard by the City Council. The link for remote attendance can be found on the City of Santa Clara website.
AMERICANS WITH DISABILITIES ACT (ADA). The City complies with the Americans with Disabilities Act (ADA). If you need additional information or assistance, please contact the City’s ADA Coordinator at (408) 615-3000.
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COMMENCEMENT REPORT Exhibit A
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COMMENCEMENT REPORT Exhibit A
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CITY OF SANTA CLARA
COMMENCEMENT REPORT Exhibit A
DHOPLE, DANIKA M TRUSTEE 1836 CABRILLO AVE SANTA CLARA CA 95050-37071836 CABRILLO AVE 224-21-02897 HU, WEIZE 1282 CABRILLO AVE SANTA CLARA CA 95050-35021282 CABRILLO AVE 224-22-08698 KAUR, DALJIT 10074 DONA NEELY WAY ELK GROVE CA 957571922 MAIN ST 224-23-01199 MONACO, LEWIS F ET AL 1918 MAIN ST SANTA CLARA CA 950501918 MAIN ST 224-23-013100 LE, DUC 1975 MAIN ST SANTA CLARA CA 95050-38081975 MAIN ST 224-23-051101 SERASSIO, JAMES P TRUSTEE 1688 MAIN ST SANTA CLARA CA 95050-42451688 MAIN ST 224-26-021102 HATCH TIMOTHY S AND LORIANA K 1711 MAIN ST SANTA CLARA CA 95050-38041711 MAIN St 224-27-001103 BLANDFORD MARLENE TRUSTEE 1035 SUNLITE DR SANTA CLARA CA 95050-5120945 REEVE ST 224-27-052104 LUK, AMY P H TRUSTEE 3410 GEARY BLVD STE #343 SAN FRANCISCO CA 941181871 MAIN ST 224-27-089105 CHENG, TAI-ENN AND LO , VICKIE 1611 MAIN ST SANTA CLARA CA 950501611 MAIN ST 224-28-010106 ARCHIBEQUE, FLORA A 5520 MAPLECREST CT SAN JOSE CA 95123-30251621 MAIN ST 224-28-011107 LE, TOM TUONG QUOC TRUSTEE P.O.BOX 11555 COSTA MESA CA 92627998 CIVIC CENTER DR 224-28-053108 ANSARI, BIJAN 2028 STAATS WAY SANTA CLARA CA 95050-33332028 STAATS WA 224-31-090109 KONDASANI YAMINI AND KODALI 2267 PASETTA DR SANTA CLARA CA 95050-68612267 PASETTA DR 224-32-060110 KODALI SIVA NAGENDRA RAO AND PO BOX 2807 SANTA CLARA CA 950552245 ELLENA DR 224-32-085111 SILICON VALLEY HOMESTEADS LLC P.O. BOX 2807 SANTA CLARA CA 950552265 ELLENA DR 224-32-087112 JALADI RAMESH BADU VENKATA S 2435 VIA DE LOS MILAGROS PLEASANTON CA 945662351 WILLIAM DR 224-32-092113 BHATT RUCHI & SAKET, BHATT 1873 ANNE WAY SAN JOSE CA 951242360 GALWAY CT 224-32-098114 KOESTER WILLIAM H AND FAYE C 201 BANCROFT RD BURLINGAME CA 940102359 GALWAY CT 224-32-101115 ETTEFAGH, FARAJOLLA TRUSTEE & 2342 STEVENS CREEK BLVD SAN JOSE CA 951282240 DE LA CRUZ BL 230-03-077116 NEWARK GROUP INDUSTRIES INC 525 MATHEW ST SANTA CLARA CA 95050-3001525 MATHEW ST 230-03-090117 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179CENTRAL 230-03-094118 UNION PACIFIC RAILROAD 1400 DOUGLAS ST. STOP 1690 OMAHA NE 68179230-03-095119 C1-SANTA CLARA LLC 2101 CEDAR SPRINGS RD STE DALLAS TX 752012600 DE LA CRUZ BLV 230-03-105120
Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM
CITY OF SANTA CLARA
COMMENCEMENT REPORT Exhibit A
KAPITAL ALAMEDA LLC 1999 S BASCOM AVE UNIT 25 0CAMPBELL CA 950082655 THE ALAMEDA 230-12-012121 SHEN, YICHAO AND ZHENG , 193 ATHENA CT MOUNTAIN VIEW CA 94043-00001206 SHERWOOD AVE 230-16-030122 ASCUNA VICTOR AND ZULMA ET A 1463 JACKSON ST SANTA CLARA CA 950501463 JACKSON ST 269-05-011123 CARDENAS RICKEY W AND 1473 JACKSON STREET SANTA CLARA CA 950501473 JACKSON ST 269-05-056124 KUNG, ALMA AND SHEN , ANGELA 1241 GAINSBOROUGH DR SUNNYVALE CA 94087-27141695 FREMONT ST 269-12-019125 HU JIE AND MA GUANYING 4560 BALMORAL PARK CT FREMONT CA 945381425 BENTON ST 269-13-037126 VELASCO, BAMBI ET AL 1106 MONROE ST SANTA CLARA CA 950501106 MONROE ST 269-13-062127 1175 LAFAYETTE LLC 16235 GREENWOOD LN LOS GATOS CA 950301175 LAFAYETTE ST 269-16-056128 LEE, WEN-CHEN AND ULINSKAS , 1014 PARADISE WAY PALO ALTO CA 94306689 MORENO LN 269-31-056129 DRISKELL, JEFFREY 2013 STANLEY AVE SANTA CLARA CA 95050-57182013 STANLEY AV 269-39-021130 DE SOUSA PINTO, JOAO MOREIRA 2245 NEWHALL ST SANTA CLARA CA 95050-58102245 NEWHALL ST 269-58-014131 MATUSICH, WILLIAM TRUSTEE & ET 2323 S BASCOM AVE CAMPBELL CA 950083590 EL CAMINO 290-01-115132 MATUSICH, WILLIAM TRUSTEE & ET 2323 S BASCOM AVE CAMPBELL CA 950083570 EL CAMINO 290-01-117133 AT&T COMMS OF CALIF INC 1090 E DUANE AVE SUNNYVALE CA 94085-2623EL CAMINO 290-02-087134 SKYRUN INVESTMENT INC 450 S 19TH ST SAN JOSE CA 951161575 POMEROY Av 290-03-089135 US ALLIANCE HOLDEN OF 2525 E CAMELBACK RD STE PHOENIX AZ 850162240 EL CAMINO 290-10-090136 US ALLIANCE HOLDEN OF 2525 E CAMELBACK RD STE PHOENIX AZ 850162232 EL CAMINO 290-10-091137 TOBACCO, RICHARD J 1118 LAS PALMAS DR SANTA CLARA CA 95051-39221118 LAS PALMAS DR 290-14-095138 MANDRUSOV VLADIMIR AND MIRA 2538 HAYW ARD DRIVE SANTA CLARA CA 950512538 HAYWARD DR 290-14-112139 IBRAGIMOV, EEDEM AND GRIGINA , 1295 BUCHANAN DR SANTA CLARA CA 95051-39501295 BUCHANAN DR 290-14-144140 GUINASSO, EDWIN A TRUSTEE PO Box 760 San Jose CA 95106-07601355 BUCHANAN DR 290-14-150141 FOSTER, JOSEPH A ET AL 1177 WHITE DR SANTA CLARA CA 95051-39331177 WHITE DR 290-14-180142 SCHULTZ, JANET TRUSTEE 2991 ORTHELLO WAY SANTA CLARA CA 95051-37562991 ORTHELLO WA 290-17-082143 YU XIAOHUA AND XIA QING 3030 ORTHELLO WAY Santa Clara CA 950513012 ORTHELLO WA 290-18-006144
Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM
CITY OF SANTA CLARA
COMMENCEMENT REPORT Exhibit A
YAMAICHI, RUSSELL J TRUSTEE 2932 ORTHELLO WAY SANTA CLARA CA 95051-37682932 ORTHELLO WA 290-18-010145 TO, DUC TAN AND NGUYEN , 3129 BUTTE ST SANTA CLARA CA 95051-37113100 HUMBOLT AVE 290-19-019146 BASHAM EVERETT F JR ET AL 1143 CRESPI DR SUNNYVALE CA 94086-70403131 HUMBOLT AV 290-19-023147 KHANORKAR DEEPAK S AND 989 CHERRY LN SANTA CLARA CA 95051-4640989 CHERRY LN 290-22-060148 LI, YUXIN AND ZHAO , GUOPING 1118 GREYSTONE ST STILLWATER OK 74074978 WHITE DR 290-30-008149 LIN, THURA AND JENNY C T 944 WHITE DR SANTA CLARA CA 95051-5315944 WHITE DR 290-30-014150 AGUILERA, RALPH D AND M C 2551 PATRICIA DR SANTA CLARA CA 95051-53262551 PATRICIA DR 290-31-002151 2513 HAYWARD DRIVE LLC 78 ROBLEDA DR ATHERTON CA 940272513 HAYWARD DR 290-31-052152 MORRILL, WESTBROOK K III AND 2509 HAYWARD DR SANTA CLARA CA 95051-53032509 HAYWARD DR 290-31-053153 ENYEDI, ROBERT AND DANIELA 1014 LAS PALMAS DR SANTA CLARA CA 95051-53091014 LAS PALMAS DR 290-31-054154 ZHU LIPING JULIA 953 WHITE DR SANTA CLARA CA 95051-5314953 WHITE DR 290-31-069155 RAJU, JAGDEEP N AND NAGARAJ , 1088 BLACKFIELD CT SANTA CLARA CA 95051-53011088 BLACKFIELD CT 290-32-008156 XFORTUNE HOMESTEAD ESTATE LLC 798 N 1ST ST SAN JOSE CA 951122891 HOMESTEAD RD 290-39-080157 DIONISIO, JOHN R AND NAHURSKI 1224 BLOCK DR SANTA CLARA CA 95050-44111224 BLOCK DR 290-42-076158 SLUSHER CASSANDRA R ET AL 3250 PRINCETON WAY SANTA CLARA CA 95051-55223250 PRINCETON WY 293-04-001159 GREGGANS CHERYL TRUSTEE 11411 ENC HANTO VISTA DR SAN JOSE CA 95127-1329771 HARVARD Av 293-04-040160 WOODHAM PROPERTY PO BOX 2041 LOS GATOS CA 95031-20412930 HOMESTEAD RD 293-17-084161 PARKHURST RAY AND MICHELENE 661 FL ANNERY ST SANTA CLARA CA 95051-5544661 FLANNERY ST 293-18-058162 BRADLEY, JANICE L ET AL 672 TRAMWAY DR MILPITAS CA 95035-3605593 FLANNERY ST 293-19-032163 BROWN, BRENDA J RUCKER 2936 FORBES AVE SANTA CLARA CA 95051-61142936 FORBES AVE 293-19-034164 ANDREWS, JOHN R AND SANDRA K 492 W OODHAMS RD SANTA CLARA CA 95051-5629492 WOODHAMS RD 293-20-018165 THAYER, KEVIN 462 WOODHAMS RD SANTA CLARA CA 95051-5629462 WOODHAMS RD 293-20-020166 HAN DONGHYEOK AND LEE JIWOO 2274 FORBES AVE SANTA CLARA CA 95050-56082274 FORBES AVE 294-05-005167 THOMPSON, ROSS W AND SUSAN 2264 FORBES AVE SANTA CLARA CA 95050-56082264 FORBES AVE 294-05-006168
Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM
CITY OF SANTA CLARA
COMMENCEMENT REPORT Exhibit A
DEVENDRAPPA, DARSHAN M AND 605 MALARIN AVE SANTA CLARA CA 95050-6958605 MALARIN AVE 294-07-021169 FRANKLIN, ANDREW J AND NICOLA J 653 MALARIN AVE SANTA CLARA CA 95050-6958653 MALARIN AVE 294-07-030170 ZHU BAIJUN AND ZHANG RUI 634 MALARIN AVE SANTA CLARA CA 95050-6942634 MALARIN AVE 294-07-051171 SOUZA, ALLAN C ET AL 2257 FORBES AVE SANTA CLARA CA 95050-56312257 FORBES AVE 294-08-054172 TRAN, ANDRE HUY ET AL 759 CLARA VI STA AVE SANTA CLARA CA 95050-5152759 CLARA VISTA AV 294-15-042173 ASHRAF, AMEEN AND SHAGUFTA , 758 CLAR A VISTA AVE SANTA CLARA CA 95050-5153758 CLARA VISTA AV 294-15-043174 SLUMAN, CHRISTOPHER B AND 725 LOS OLIVOS DR SANTA CLARA CA 95050-5526725 LOS OLIVOS DR 294-15-068175 GEBING, JOHN AND CECILE TRUSTEE 735 LOS OLIVOS DR SANTA CLARA CA 95050-5526735 LOS OLIVOS DR 294-15-070176 KIROS, ESKINDER 759 LOS OLIVOS DR SANTA CLARA CA 95050-5526759 LOS OLIVOS DR 294-15-075177 PHADKE, NINAD AND RUJUTA 250 HILLSDALE AVE SANTA CLARA CA 95051-63082628 FORBES AVE 294-24-017178 LAM, LAISZ D TRUSTEE 2728 FORBES AVE SANTA CLARA CA 95051-62492728 FORBES AVE 294-26-021179 FRANCISCO, CHRISTINA 2615 MAPLEWOOD LN SANTA CLARA CA 95051-62352615 MAPLEWOOD LN 294-29-021180 SINGH, RAHUL N AND GHOSH , SMITA2791 PRUNERIDGE AVE SANTA CLARA CA 95051-62372791 PRUNERIDGE AVE 294-31-040181 LI, BENNY W AND LUO , YUYA 2790 PRUNERIDGE AVE SANTA CLARA CA 95051-62382790 PRUNERIDGE AVE 294-32-034182 CHAN-TAN-WONG 11810 HENLEY LN Los Angeles CA 90077392 HAYES AVE 296-09-043183 LEE CHEOLWHAN AND HYUNAH 191 MUIR AVE SANTA CLARA CA 95051-6625191 MUIR AV 296-14-069184 WANG, WEN CHUN AND YANG , 92 CLAREM ONT AVE SANTA CLARA CA 95051-664092 CLAREMONT AVE 296-17-005185 TIBBETTS FAMILY REVOC TR 8/3/12 11016 162ND AVE NE REDMOND WA 980523498 GIBSON AVE 296-18-012186 SA, SILIN AND YANG , YANG 417 S GENEVIEVE LN SAN JOSE CA 95128-51113552 BENNETT AVE 296-18-039187 LEE, CHAYONG AND KIM , HAEJIN 132 CLAR EMONT AVE SANTA CLARA CA 95051-6642132 CLAREMONT AVE 296-19-005188 MEHTA, YATRIK H AND MINAL Y 150 ELMHURST CT SANTA CLARA CA 95051-6647150 ELMHURST CT 296-19-022189 CHEN, TAIYING AND SHIH , YING 1600 AMPHITHEATRE PKWY MOUNTAIN VIEW CA 94043-00003533 ELMHURST AVE 296-19-036190 RAMESH, SUHAS KUMAR S AND 3551 ELM HURST AVE SANTA CLARA CA 95051-66453551 ELMHURST AVE 296-19-039191 SCS GATEWAY LLC 4546 EL CAMINO REAL STE LOS ALTOS CA 940223712 EL CAMINOE. 313-06-008192
Situs APN CITY/STATE
2026 WEED ABATEMENT PROGRAM
CITY OF SANTA CLARA
COMMENCEMENT REPORT Exhibit A
FLYNN, BRIAN ET AL 973 WOOD DUCK CT SANTA CLARA CA 95051-4516973 WOOD DUCK CT 313-19-031193 CAMPBELL, JEAN T TRUSTEE 977 WOOD DUCK CT SANTA CLARA CA 95051-4516977 WOOD DUCK CT 313-19-032194 KAISER FOUNDATION HOSPITALS 1 KAISER PLAZA 15TH FL OAKLAND CA 946123800 HOMESTEAD RD 316-09-044195 KAISER FOUNDATION HOSPITALS 1 KAISER PLAZA 15TH F OAKLAND CA 946123800 HOMESTEAD RD 316-09-045196
Situs APN Owner Name Tax Roll Amount
1 2220 CALLE DE LUNA, SANTA CLARA, CA 95054-100 1 097-05-057 TASMAN EAST PARCEL 5 OWNER LL C 60 COLUMBUS CIR NEW YORK N Y 10023 $592.00 2 2200 CALLE DE LUNA, SANTA CLARA, CA 95054-100 1 097-05-058 NASH-HOLLAND CALLE DE LUN A 808 WASHINGTON ST STE500 VANCOUVER W A 98660-3577 $1,545.00 3 1673 EISENHOWER DR, SANTA CLARA, CA 95054-161 9 097-17-013 YABES AURELIO B AND CARMELITA B TRUSTEE 3928 CAXTON C T SAN JOSE CA 95130-1211 $296.00 4 1801 NELSON DR, SANTA CLARA, CA 95054-164 7 097-19-037 JUAREZ JENNETTE L 243 N 33RD ST SAN JOSE CA 95116-1217 $296.00 5 1861 NELSON DR, SANTA CLARA, CA 95054-164 7 097-19-040 DILLON KATHLEEN A 338 COLEMAN DR SAN RAFAEL C A 94901 $296.00 6 1952 EISENHOWER DR, SANTA CLARA, CA 95054-162 1 097-19-047 KUANG WEIWEI 1952 EISENHOWER DR SANTA CLARA C A 95054-1621 $296.00 7 4919 AVENIDA DE LOS ARBOLES, SANTA CLARA, CA 95054-142 8 097-42-026 BANKS AARON W 4919 AVENIDA DE LOS ARBOLES SANTA CLARA C A 95054-1428 $1,841.00 8 4913 AVENIDA DE LAGO, SANTA CLARA, CA 95054-140 9 097-42-083 HSU KANG S AND SHUR M 3673 ROWLEY DR SAN JOSE C A 95132-1349 $401.00 9 2272 CALLE DEL MUNDO, SANTA CLARA, CA 95054-100 5 097-46-025 TRUE SOLAR USA INC 2272 CALLE DEL MUNDO SANTA CLARA C A 95054-1005 $296.00 10 982 LAURIE AV, SANTA CLARA, CA 95054-224 3 101-07-020 AZUL EDWIN C AND EVANGELINE B 982 LAURIE AVE SANTA CLARA C A 95054-2243 $296.00 11 3523 MACINTOSH ST, SANTA CLARA, CA 95054-224 6 101-07-039 KARNAD NIKHIL AND KAWLEKAR PRARTHAN A 3523 MACINTOSH ST SANTA CLARA CA 95054-2246 $296.00 12 3533 MACINTOSH ST, SANTA CLARA, CA 95054-224 6 101-07-040 GAVINA ROMEL R ET A L 3533 MACINTOSH ST SANTA CLARA CA 95054-2246 $296.00 13 3543 MACINTOSH ST, SANTA CLARA, CA 95054-224 6 101-07-041 RAPISURA SUZANNE M 3543 MACINTOSH S T SANTA CLARA CA 95054-2246 $296.00 14 3542 MACINTOSH ST, SANTA CLARA, CA 95054-224 5 101-07-059 WLASCHIN ROBERT A AND CHAN CYNTHIA D 3542 MACINTOSH S T SANTA CLARA CA 95054-2245 $697.00 15 973 LAURIE AV, SANTA CLARA, CA 95054-224 2 101-22-029 TRAN TRUNG AND DO THUY BICH 973 LAURIE AVE SANTA CLARA C A 95054-2242 $296.00 16 618 OAKWOOD DR, SANTA CLARA, CA 95054-2151 101-25-073 NAY LIN HTIKE TRUSTEE 1610 HUNT DR BURLINGAME C A 94010 $592.00 17 LAFAYETTE ST, SANT CLARA, CA 9505 4 104-01-077 SOUTHERN PACIFIC TRANSPORTATION CO 65 CAHILL S T SAN JOSE CA 95110 $7,762.37 18 4850 OLD IRONSIDES DR, SANTA CLARA, CA 9505 4 104-04-064 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME C A 94010 $2,878.16 19 2950 DEMOCRACY WY, SANTA CLARA, CA 9505 4 104-04-065 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME C A 94010 $1,755.00 20 4805 PATRICK HENRY DR, SANTA CLARA, CA 95054-181 9 104-04-111 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME C A 94010 $3,334.73 21 4855 PATRICK HENRY DR, SANTA CLARA, CA 95054-182 1 104-04-112 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME C A 94010 $1,545.00 22 3050 DEMOCRACY WY, SANTA CLARA, CA 95054-1801 104-04-113 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME C A 94010 $1,545.00 23 0 PATRICK HENRY DR, SANTA CLARA, CA 9505 4 104-04-121 SAN FRANCISCO CITY AND COUNTY O F 525 GOLDEN GATE AV 10TH FL SAN FRANCISCO C A 94102 $296.00 24 3055 PATRICK HENRY DR, SANTA CLARA, CA 95054-181 5 104-04-136 3055 PATRICK HENRY DEVELOPMENT LLC PO BOX 1120 SAN JOSE C A 95108 $296.00 25 3055 DEMOCRACY WY, SANTA CLARA, CA 95054-111 6 104-04-142 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME C A 94010 $1,839.50 26 3005 DEMOCRACY WY, SANTA CLARA, CA 95054-180 2 104-04-143 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME C A 94010 $4,691.41 27 2945 TASMAN DR, SANTA CLARA, CA 95054-180 2 104-04-151 INNOVATION COMMONS OWNER LLC 4995 PATRICK HENRY DR SANTA CLARA C A 95054-1823 $592.00 28 2335 ALCALDE ST, SANTA CLARA, CA 95054-130 5 104-05-103 BHATNAGAR AMIT AND OZA TARJANI 2335 ALCALDE S T SANTA CLARA CA 95054-1305 $296.00 29 2355 ALCALDE ST, SANTA CLARA, CA 95054-130 5 104-05-105 HILARIO RUFINA F TRUSTEE 2355 ALCALDE S T SANTA CLARA CA 95054-1305 $296.00 30 2375 ALCALDE ST, SANTA CLARA, CA 95054-130 5 104-05-107 NGUYEN PHUONG THANH AND TRAN CHU KIM TRUSTE 2635 BRITT WA Y SAN JOSE CA 95148-2573 $296.00 31 2337 SILVERIA CT, SANTA CLARA, CA 95054-135 2 104-05-113 LAI TZER S TRUSTEE & ET A L 2337 SILVERIA CT SANTA CLARA CA 95054-1352 $296.00 32 4767 GILLMOR ST, SANTA CLARA, CA 95054-132 5 104-05-116 VU TO HOAI THI 4767 GILLMOR S T SANTA CLARA CA 95054-1325 $296.00 33 2303 GIANERA ST, SANTA CLARA, CA 95054-130 0 104-06-037 GIANERAL ST ESTATE LLC 188 S LUNDY AVE UNIT 200 SAN JOSE C A 95131 $2,868.00 34 4430 BASSETT ST, SANTA CLARA, CA 95054-255 2 104-10-052 MILLFELT RAYMOND TRUSTEE 4001 DAVIS S T SANTA CLARA CA 95054-2536 $592.00 35 0 FILLMORE ST, SANTA CLARA, CA 95054-254 9 104-10-077 VNUS INVESTMENT GROUP LLC 7300 ALEXIS MANOR P L SAN JOSE CA 95120 $296.00 36 0 BASSETT ST, SANTA CLARA, CA 9505 4 104-11-082 SOUTHERN PACIFIC TRANSPORTATION CO BASSETT S T SANTA CLARA CA 95054 $7,330.90 37 0 CHEENEY ST, SANTA CLARA, CA 9505 4 104-12-025 MARUTI BUILDERS LLC 859 ALISAL C T MILPITAS CA 95035-4501 $296.00 38 0 CHEENEY ST, SANTA CLARA, CA 9505 4 104-12-026 MARUTI BUILDERS LLC 859 ALISAL C T MILPITAS CA 95035-4501 $296.00 39 4163 CHEENEY ST, SANTA CLARA, CA 95054-252 4 104-12-103 YAKUPITIYAGE SARATH AND PARRY FLORENCE A T R 565 ALBION AVE WOODSIDE CA 94062 $296.00 40 4203 CHEENEY ST, SANTA CLARA, CA 95054-252 6 104-12-151 MILLFELT RAYMOND H 4001 DAVIS S T SANTA CLARA CA 95054-2536 $296.00 41 0 BASSETT ST, SANTA CLARA, CA 9505 4 104-12-154 SOUTHERN PACIFIC TRANSPORTATION CO BASSETT S T SANTA CLARA CA 95054 $296.00 42 0 BASSETT ST, SANTA CLARA, CA 9505 4 104-12-162 SOUTHERN PACIFIC TRANSPORTATION CO BASSETT S T SANTA CLARA CA 95054 $5,966.02 43 0 MISSION COLLEGE BL, SANTA CLARA, CA 9505 4 104-13-103 AMAZON DATA SERVICES INC P.O. BOX 80416 SEATTLE W A 98108-0416 $296.00 44 BASSETT ST, SANTA CLARA, CA 9505 4 104-14-145 SOUTHERN PACIFIC TRANSPORTATION CO 65 CAHILL S T SAN JOSE CA 95110 $5,735.00 45 3660 THOMAS RD, Unit A, SANTA CLARA, CA 95054-2041 104-14-171 TERRENO MIDDLEBROOK LLC 101 MONTGOMERY ST STE 200 SAN FRANCISCO C A 94104 $296.00 46 0 BASSETT ST, SANTA CLARA, CA 9505 4 104-15-081 SOUTHERN PACIFIC TRANSPORTATION CO BASSETT S T SANTA CLARA CA 95054 $1,249.00 47 0 BASSETT ST, SANTA CLARA, CA 9505 4 104-38-001 SOUTHERN PACIFIC TRANSPORTATION CO BASSETT S T SANTA CLARA CA 95054 $3,903.22 48 0 FREEDOM CL, SANTA CLARA, CA 9505 4 104-40-021 CRE-GS FREEDOM CIRCLE PHASE I 465 MEETING ST STE 5 CHARLESTON SC 29403 $296.00 49 3925 FREEDOM CL, SANTA CLARA, CA 9505 4 104-40-036 CRE GS FREEDOM CIRCLE PHASE I 465 MEETING ST STE 5 CHARLESTON SC 29403 $296.00 50 2368 SAWYER CT, SANTA CLARA, CA 95054-134 8 104-46-032 CRAWLEY WILLIAM L TRUSTEE & ET A L 2075 PIONEER CT SAN MATEO CA 94403 $296.00 51 2343 RAMBO CT, SANTA CLARA, CA 95054-134 0 104-46-072 RANGEL ANTHONY T AND MIST Y 2343 RAMBO CT SANTA CLARA CA 95054-1340 $296.00 52 3775 EL CAMINO REAL, SANTA CLARA, CA 95051-261 2 213-35-035 K-D-W SANTA CLARA 11150 SANTA MONICA BLVD UNIT 760 LOS ANGELES C A 90025-3386 $1,545.00 53 2722 LYLE CT, SANTA CLARA, CA 95051-302 4 216-02-079 JAIN VARUN AND HRISHIKESH SWATHI 586 JAYNE C T SAN JOSE CA 95133 $296.00 54 2116 QUINN AV, SANTA CLARA, CA 95051-183 9 216-09-069 CHEN ZIXU ET A L 2116 QUINN AVE SANTA CLARA C A 95051-1839 $697.00 55 2150 COOLIDGE DR, SANTA CLARA, CA 95051-1811 216-10-028 JYUNG JANG M AND JONG S ET A L 2150 COOLIDGE DR SANTA CLARA C A 95051-1811 $888.00 Owner Address
2026 WEED ABATEMENT PROGRAM
CITY OF SANTA CLARA
ASSESSMENT REPORT
56 2125 QUINN AV, SANTA CLARA, CA 95051-183 8 216-11-017 ADL-TABATABAI ALI 2125 QUINN AVE SANTA CLARA C A 95051-1838 $1,545.00 57 2473 ELLIOT ST, SANTA CLARA, CA 95051-186 4 216-11-064 ADISESHAN MAMTH A 2473 ELLIOT ST SANTA CLARA CA 95051-1864 $1,619.00 58 2475 PAINTED ROCK DR, SANTA CLARA, CA 95051-112 1 216-16-007 CAI HAOWEI ET AL 2475 PAINTED ROCK DR SANTA CLARA C A 95051-1121 $296.00 59 2485 PAINTED ROCK DR, SANTA CLARA, CA 95051-112 1 216-16-008 LINDSEY CONCEPCION TRUSTEE 898 AMADOR AVE SUNNYVALE C A 94085-3427 $296.00 60 2495 PAINTED ROCK DR, SANTA CLARA, CA 95051-112 1 216-16-009 FILES NANCY D 2495 PAINTED ROCK DR SANTA CLARA C A 95051-1121 $296.00 61 2515 PAINTED ROCK DR, SANTA CLARA, CA 95051-112 3 216-16-011 XU STEVEN P ET A L 2515 PAINTED ROCK DR SANTA CLARA C A 95051 $296.00 62 2951 MONROE ST, SANTA CLARA, CA 95051-175 5 216-18-023 BRADFORD CLIFFORD AND BERNARDIT A PO BOX 2158 SANTA CLARA C A 95055-2158 $296.00 63 2552 PAINTED ROCK DR, SANTA CLARA, CA 95051-112 4 216-19-035 TOORANS SUE M 2552 PAINTED ROCK DR SANTA CLARA C A 95051-1124 $296.00 64 2472 PAINTED ROCK DR, SANTA CLARA, CA 95051-112 2 216-19-043 SUNDARARAMAN SETHURAMAN AND PADMANABHAN PAD 2472 PAINTED ROCK DR SANTA CLARA C A 95051-1122 $296.00 65 2427 AMETHYST DR, SANTA CLARA, CA 95051-113 6 216-19-057 HE DAIWEI AND CHEN CHENG 2427 AMETHYST DR SANTA CLARA C A 95051-1136 $296.00 66 2437 AMETHYST DR, SANTA CLARA, CA 95051-113 6 216-19-058 WANG ZHUOXIAN 2437 AMETHYST DR SANTA CLARA C A 95051-1136 $296.00 67 2517 AMETHYST DR, SANTA CLARA, CA 95051-113 8 216-19-070 STRUTNER KOOGEELAM 2517 AMETHYST DR SANTA CLARA C A 95051-1138 $296.00 68 2533 AMETHYST DR, SANTA CLARA, CA 95051-113 8 216-19-074 JIANG CHENZI AND CHEN ZIXING 2533 AMETHYST DR SANTA CLARA C A 95051-1138 $592.00 69 2625 MEADOWBROOK DR, SANTA CLARA, CA 95051-111 3 216-19-077 PHAM ALEXANDER TUAN TRUSTEE 3619 IMPRESARIO WA Y SAN JOSE CA 95127 $296.00 70 2526 AMETHYST DR, SANTA CLARA, CA 95051-113 9 216-20-083 WEN JID A 267 ALTURAS AVE SUNNYVALE C A 94085-3001 $296.00 71 2426 AMETHYST DR, SANTA CLARA, CA 95051-113 7 216-20-097 HARO ANDREA R TRUSTEE 2426 AMETHYST DR SANTA CLARA C A 95051-1137 $296.00 72 2900 LAKESIDE DR, SANTA CLARA, CA 95054-281 2 216-30-048 CS LAKESIDE SANTA CLARA LLC 17 COPORATE PLAZA UNIT 200 NEWPORT BEACH C A 92660 $296.00 73 3625 PETERSON WY, SANTA CLARA, CA 95054-280 9 216-30-049 BXP PETERSON LP 4 EMBARCADERO CTR LOBBY STE 1 SAN FRANCISCO C A 94111 $296.00 74 1725 TOWNSEND AV, SANTA CLARA, CA 95051-2721 220-07-044 ROMERO YVONNE M 1725 TOWNSEND AVE SANTA CLARA C A 95051-2721 $296.00 75 3407 SANTA BARBARA AV, SANTA CLARA, CA 95051-213 0 220-10-002 FRYE MARGARET M TRUSTEE 3407 SANTA BARBARA AVE SANTA CLARA C A 95051-2130 $296.00 76 2101 ROCKHURST CT, SANTA CLARA, CA 95051-192 7 220-13-041 BELARDES MARCUS J AND DENISE E 2101 ROCKHURST CT SANTA CLARA CA 95051-1927 $592.00 77 3565 NOTRE DAME DR, SANTA CLARA, CA 95051-141 3 220-18-028 CHUN YOUNGIL TRUSTEE & ET A L 1451 W BOROS CT LA HABRA CA 90631 $1,619.00 78 3036 SAN JUAN AV, SANTA CLARA, CA 95051-164 0 220-22-053 WENTZ DEE TRUSTEE POB 111597 CAMPBELL C A 95011-1597 $296.00 79 2230 SANTA CRUZ AV, SANTA CLARA, CA 95051-165 8 220-22-121 MENG PENGQUAN ET A L 2230 SANTA CRUZ AVE SANTA CLARA C A 95051-1658 $296.00 80 3121 SANTA MARIA AV, SANTA CLARA, CA 95051-161 9 220-22-124 LAMACHY BARBARA J 3121 SANTA MARIA AVE SANTA CLARA C A 95051-1619 $296.00 81 3131 SANTA MARIA AV, SANTA CLARA, CA 95051-161 9 220-22-125 LI BING AND XUE FENG 3131 SANTA MARIA AVE SANTA CLARA C A 95051-1619 $296.00 82 3171 SANTA MARIA AV, SANTA CLARA, CA 95051-161 9 220-22-129 ZHOU ZILONG 3171 SANTA MARIA AVE SANTA CLARA C A 95051-1619 $592.00 83 3040 SANTA MARIA AV, SANTA CLARA, CA 95051-164 7 220-24-060 TOH YUTING ET AL 3040 SANTA MARIA AVE SANTA CLARA C A 95051-1647 $296.00 84 2763 CABRILLO AV, SANTA CLARA, CA 95051-232 2 220-25-105 FUNG KWOK WING AND CARRIQ TRUSTEE 2368 SHORESIDE C T SANTA CLARA CA 95054-1350 $296.00 85 2855 EL CAMINO REAL, SANTA CLARA, CA 95051-290 1 220-31-082 TEIXEIRA LEO ET A L PO BOX 307 KERMAN C A 93630-0307 $8,288.51 86 2895 EL CAMINO REAL, SANTA CLARA, CA 95051-290 1 220-31-083 TEIXEIRA LEO ET A L PO BOX 307 KERMAN C A 93630-0307 $8,288.51 87 2973 JERALD AV, SANTA CLARA, CA 95051-292 7 220-32-033 HUSTON T M 2973 JERALD AVE SANTA CLARA C A 95051-2927 $592.00 88 850 WALSH AV, SANTA CLARA, CA 95050-262 2 224-04-005 L.A.W. LLC 330 COMMERCIAL S T SAN JOSE CA 95112-4403 $296.00 89 2755 LAFAYETTE ST, SANTA CLARA, CA 95050-260 5 224-04-062 WITKIN PROPERTIES LP 188 TWIN OAKS DR LOS GATOS C A 95032-5649 $2,317.05 90 614 WALSH AV, SANTA CLARA, CA 95050-2600 224-04-075 HARO ESTANISLAO T AND MARTHA S TRUSTEE 12395 COLUMBET AVE SAN MARTIN C A 95046 $296.00 91 960 CENTRAL EX, SANTA CLARA, CA 9505 0 224-07-099 AMAZON DATA SERVICES INC P.O. BOX 80416 SEATTLE W A 98108 $296.00 92 1648 LOS PADRES BL, SANTA CLARA, CA 95050-404 3 224-14-025 HSIAO FRANK HSU-HUNG ET AL 400 MARGARITA AVE PALO ALTO C A 94306-2826 $296.00 93 2330 BRAY AV, SANTA CLARA, CA 95050-4010 224-14-072 OSTERELLO MICHAEL D ET A L 2330 BRAY AVE SANTA CLARA C A 95050-4010 $2,782.73 94 1693 LOS PADRES BL, SANTA CLARA, CA 95050-404 2 224-17-054 DECOT DAVID C 1693 LOS PADRES BLVD SANTA CLARA C A 95050-4042 $296.00 95 2075 CABRILLO AV, SANTA CLARA, CA 95050-361 2 224-19-093 POLON JOAN TRUSTEE 2075 CABRILLO AVE SANTA CLARA C A 95050-3612 $296.00 96 1857 CABRILLO AV, SANTA CLARA, CA 95050-370 6 224-21-021 ZHENG DAO-CHEN AND WANG HUI 7911 OCTOBER WA Y CUPERTINO CA 95014-4124 $296.00 97 1836 CABRILLO AV, SANTA CLARA, CA 95050-370 7 224-21-028 DHOPLE DANIKA M TRUSTEE 1836 CABRILLO AVE SANTA CLARA C A 95050-3707 $296.00 98 1282 CABRILLO AV, SANTA CLARA, CA 95050-350 2 224-22-086 HU WEIZE 1282 CABRILLO AVE SANTA CLARA C A 95050-3502 $296.00 99 1922 MAIN ST, SANTA CLARA, CA 95050-380 9 224-23-011 KAUR DALJIT 10074 DONA NEELY WA Y ELK GROVE CA 95757 $296.00 100 1918 MAIN ST, SANTA CLARA, CA 95050-380 9 224-23-013 MONACO LEWIS F ET A L 1918 MAIN ST SANTA CLARA CA 95050 $296.00 101 1975 MAIN ST, SANTA CLARA, CA 95050-380 8 224-23-051 LE DUC 1975 MAIN S T SANTA CLARA CA 95050-3808 $296.00 102 1688 MAIN ST, SANTA CLARA, CA 95050-424 5 224-26-021 SERASSIO JAMES P TRUSTE E 1688 MAIN ST SANTA CLARA CA 95050-4245 $296.00 103 1711 MAIN ST, SANTA CLARA, CA 95050-380 4 224-27-001 HATCH TIMOTHY S AND LORIANA K 1711 MAIN ST SANTA CLARA CA 95050-3804 $296.00 104 945 REEVE ST, SANTA CLARA, CA 95050-392 6 224-27-052 BLANDFORD MARLENE TRUSTEE 1035 SUNLITE DR SANTA CLARA C A 95050-5120 $296.00 105 1871 MAIN ST, SANTA CLARA, CA 95050-380 6 224-27-089 LUK AMY P H TRUSTEE 3410 GEARY BLVD STE #343 SAN FRANCISCO C A 94118 $296.00 106 1611 MAIN ST, SANTA CLARA, CA 95050-424 4 224-28-010 CHENG TAI-ENN AND LO VICKIE 1611 MAIN S T SANTA CLARA CA 95050 $296.00 107 1621 MAIN ST, SANTA CLARA, CA 95050-424 4 224-28-011 ARCHIBEQUE FLORA A 5520 MAPLECREST CT SAN JOSE CA 95123-3025 $296.00 108 998 CIVIC CENTER DR, SANTA CLARA, CA 95050-392 3 224-28-053 LE TOM TUONG QUOC TRUSTEE P.O.BOX 11555 COSTA MESA C A 92627 $296.00 109 2028 STAATS WY, SANTA CLARA, CA 95050-333 3 224-31-090 ANSARI BIJAN 2028 STAATS WA Y SANTA CLARA CA 95050-3333 $296.00 110 2267 PASETTA DR, SANTA CLARA, CA 95050-686 1 224-32-060 KONDASANI YAMINI AND KODALI SIVA NAGENDR A 2267 PASETTA DR SANTA CLARA C A 95050-6861 $296.00 111 2245 ELLENA DR, SANTA CLARA, CA 95050-682 8 224-32-085 KODALI SIVA NAGENDRA RAO AND KONDASANI YAMI PO BOX 2807 SANTA CLARA C A 95055 $296.00 112 2265 ELLENA DR, SANTA CLARA, CA 95050-683 0 224-32-087 SILICON VALLEY HOMESTEADS LLC PO BOX 2807 SANTA CLARA C A 95055 $296.00 113 2351 WILLIAM DR, SANTA CLARA, CA 95050-683 5 224-32-092 JALADI RAMESH BADU VENKATA S TRUSTEE & ET A 2435 VIA DE LOS MILAGROS PLEASANTON C A 94566 $296.00 114 2360 GALWAY CT, SANTA CLARA, CA 95050-686 9 224-32-098 BHATT RUCHI C TRUSTEE & ET A L 1873 ANNE WAY SAN JOSE CA 95124 $296.00 115 2359 GALWAY CT, SANTA CLARA, CA 95050-6875 224-32-101 KOESTER WILLIAM H AND FAYE C TRUSTEE 201 BANCROFT RD BURLINGAME C A 94010 $296.00 116 2240 DE LA CRUZ BL, SANTA CLARA, CA 95050-300 8 230-03-077 ETTEFAGH FARAJOLLA TRUSTEE & ET A L 2342 STEVENS CREEK BLVD SAN JOSE C A 95128 $0.00 117 525 MATHEW ST, SANTA CLARA, CA 95050-3001 230-03-090 NEWARK GROUP INDUSTRIES INC 525 MATHEW S T SANTA CLARA CA 95050-3001 $0.00 118 REED ST, SANTA CLARA, CA 95050 230-03-094 SOUTHERN PACIFIC TRANSPORTATION CO 65 CAHILL S T SAN JOSE CA 95110 $8,485.06 119 REED ST, SANTA CLARA, CA 95050 230-03-095 SOUTHERN PACIFIC TRANSPORTATION CO 65 CAHILL S T SAN JOSE CA 95110 $1,740.28 120 2600 DE LA CRUZ BL, SANTA CLARA, CA 9505 0 230-03-105 C1-SANTA CLARA LLC 2101 CEDAR SPRINGS RD STE 90 0 DALLAS TX 75201 $0.00 121 2685 THE ALAMEDA, SANTA CLARA, CA 95050-600 8 230-12-012 KAPITAL ALAMEDA LLC 1999 S BASCOM AVE UNIT 250 CAMPBELL C A 95008 $0.00 122 1206 SHERWOOD AV, SANTA CLARA, CA 95050 230-16-030 SHEN YICHAO AND ZHENG XIAOXIAO 193 ATHENA C T MOUNTAIN VIEW CA 94043 $0.00 123 1463 JACKSON ST, SANTA CLARA, CA 95050-420 9 269-05-011 ASCUNA VICTOR AND ZULMA ET A L 1463 JACKSON ST SANTA CLARA CA 95050-4209 $0.00 124 1473 JACKSON ST, SANTA CLARA, CA 95050-420 9 269-05-056 CARDENAS RICKEY W AND CONCEPCION 1473 JACKSON S T SANTA CLARA CA 95050-4209 $0.00 125 1695 FREMONT ST, SANTA CLARA, CA 95050-520 2 269-12-019 KUNG ALMA AND SHEN ANGELA TRUSTEE & ET A L 1241 GAINSBOROUGH DR SUNNYVALE C A 94087-2714 $2,369.95 126 1425 BENTON ST, SANTA CLARA, CA 95050-470 6 269-13-037 HU JIE AND MA GUANYING TRUSTEE 4560 BALMORAL PARK C T FREMONT CA 94538 $0.00 127 1106 MONROE ST, SANTA CLARA, CA 95050-486 8 269-13-062 VELASCO BAMBI ET A L 1106 MONROE ST SANTA CLARA CA 95050 $0.00 128 1175 LAFAYETTE ST, SANTA CLARA, CA 95050-484 7 269-16-056 1175 LAFAYETTE LLC 16235 GREENWOOD LN LOS GATOS C A 95030 $105.00 129 689 MORENO LN, SANTA CLARA, CA 95050-691 4 269-31-056 LEE WEN-CHEN AND ULINSKAS GEDDES J ET A L 1014 PARADISE WAY PALO ALTO CA 94306 $0.00 130 2013 STANLEY AV, SANTA CLARA, CA 95050-571 8 269-39-021 DRISKELL JEFFRE Y 2013 STANLEY AVE SANTA CLARA C A 95050-5718 $0.00 131 2245 NEWHALL ST, SANTA CLARA, CA 95050-581 0 269-58-014 DE SOUSA PINTO JOAO MOREIR A 2245 NEWHALL ST SANTA CLARA CA 95050-5810 $0.00 132 3590 EL CAMINO REAL, SANTA CLARA, CA 95051-213 6 290-01-115 MATUSICH WILLIAM TRUSTEE & ET A L 2323 S BASCOM AVE CAMPBELL C A 95008 $0.00 133 3570 EL CAMINO REAL, SANTA CLARA, CA 95051-213 6 290-01-117 MATUSICH WILLIAM TRUSTEE & ET A L 2323 S BASCOM AVE CAMPBELL C A 95008 $0.00 134 0 EL CAMINO REAL, SANTA CLARA, CA 9505 1 290-02-087 PACIFIC BEL L EL CAMINO REAL SANTA CLARA CA 95051 $5,880.17 135 1575 POMEROY AV, SANTA CLARA, CA 95051-3621 290-03-089 SKYRUN INVESTMENT INC 450 S 19TH S T SAN JOSE CA 95116 $0.00 136 2240 EL CAMINO REAL, SANTA CLARA, CA 95050-405 7 290-10-090 US ALLIANCE HOLDEN OF 2525 E CAMELBACK RD STE 500 PHOENIX AZ 85016 $1,323.00 137 2232 EL CAMINO REAL, SANTA CLARA, CA 95050-405 7 290-10-091 US ALLIANCE HOLDEN OF 2525 E CAMELBACK RD STE 500 PHOENIX AZ 85016 $1,323.00 138 1118 LAS PALMAS DR, SANTA CLARA, CA 95051-392 2 290-14-095 TOBACCO RICHARD J 1118 LAS PALMAS D R SANTA CLARA CA 95051-3922 $0.00 139 2538 HAYWARD DR, SANTA CLARA, CA 95051-530 4 290-14-112 MANDRUSOV WILLIAM 2538 HAYWARD DR SANTA CLARA C A 95051-5304 $0.00 140 1295 BUCHANAN DR, SANTA CLARA, CA 95051-395 0 290-14-144 IBRAGIMOV EEDEM AND GRIGINA YEKATERIN A 1295 BUCHANAN DR SANTA CLARA C A 95051-3950 $0.00 141 1355 BUCHANAN DR, SANTA CLARA, CA 95051-395 0 290-14-150 GUINASSO EDWIN A TRUSTEE PO BOX 760 SAN JOSE C A 95106-0760 $0.00 142 1177 WHITE DR, SANTA CLARA, CA 95051-393 3 290-14-180 FOSTER JOSEPH A ET A L 1177 WHITE DR SANTA CLARA C A 95051-3933 $0.00 143 2991 ORTHELLO WY, SANTA CLARA, CA 95051-375 6 290-17-082 SCHULTZ JANET TRUSTEE 2991 ORTHELLO WA Y SANTA CLARA CA 95051-3756 $0.00 144 3012 ORTHELLO WY, SANTA CLARA, CA 95051-3758 290-18-006 YU XIAOHUA AND XIA QING 3030 ORTHELLO WA Y SANTA CLARA CA 95051 $0.00 145 2932 ORTHELLO WY, SANTA CLARA, CA 95051-3768 290-18-010 YAMAICHI RUSSELL J TRUSTEE 2932 ORTHELLO WA Y SANTA CLARA CA 95051-3768 $0.00 146 3100 HUMBOLT AV, SANTA CLARA, CA 95051 290-19-019 TO DUC TAN AND NGUYEN MICHELLE HUYNH TRUSTE 3129 BUTTE S T SANTA CLARA CA 95051-3711 $0.00 147 3131 HUMBOLT AV, SANTA CLARA, CA 95051-374 6 290-19-023 BASHAM EVERETT F JR ET A L 1143 CRESPI DR SUNNYVALE C A 94086-7040 $1,323.00 148 989 CHERRY LN, SANTA CLARA, CA 95051-464 0 290-22-060 KHANORKAR DEEPAK S AND WARWATKAR SURUCHI 989 CHERRY LN SANTA CLARA C A 95051-4640 $0.00 149 978 WHITE DR, SANTA CLARA, CA 95051-5315 290-30-008 LI YUXIN AND ZHAO GUOPING 1118 GREYSTONE S T STILLWATER OK 74074 $0.00 150 944 WHITE DR, SANTA CLARA, CA 95051-5315 290-30-014 LIN THURA AND JENNY C T 944 WHITE DR SANTA CLARA C A 95051-5315 $0.00 151 2551 PATRICIA DR, SANTA CLARA, CA 95051-532 6 290-31-002 AGUILERA RALPH D AND M C 2551 PATRICIA DR SANTA CLARA C A 95051-5326 $0.00 152 2513 HAYWARD DR, SANTA CLARA, CA 95051-5303 290-31-052 2513 HAYWARD DRIVE LLC 78 ROBLEDA DR ATHERTON C A 94027 $0.00 153 2509 HAYWARD DR, SANTA CLARA, CA 95051-5303 290-31-053 MORRILL WESTBROOK K III AND HILAR Y 2509 HAYWARD DR SANTA CLARA C A 95051-5303 $0.00 154 1014 LAS PALMAS DR, SANTA CLARA, CA 95051-530 9 290-31-054 ENYEDI ROBERT AND DANIELA TRUSTEE 1014 LAS PALMAS D R SANTA CLARA CA 95051-5309 $0.00 155 953 WHITE DR, SANTA CLARA, CA 95051-531 4 290-31-069 ZHU LIPING JULI A 953 WHITE DR SANTA CLARA C A 95051-5314 $0.00 156 1088 BLACKFIELD CT, SANTA CLARA, CA 95051-5301 290-32-008 RAJU JAGDEEP N AND NAGARAJ FNU DEEP A 1088 BLACKFIELD CT SANTA CLARA CA 95051-5301 $0.00 157 2891 HOMESTEAD RD, SANTA CLARA, CA 95051-522 3 290-39-080 XFORTUNE HOMESTEAD ESTATE LLC 798 N 1ST S T SAN JOSE CA 95112 $0.00 158 1224 BLOCK DR, SANTA CLARA, CA 95050-4411 290-42-076 DIONISIO JOHN R AND NAHURSKI DIONISIO JOAN 1224 BLOCK DR SANTA CLARA C A 95050-4411 $0.00 159 3250 PRINCETON WY, SANTA CLARA, CA 95051-552 2 293-04-001 SLUSHER CASSANDRA R ET A L 3250 PRINCETON WAY SANTA CLARA CA 95051-5522 $105.00 160 771 HARVARD AV, SANTA CLARA, CA 95051-6042 293-04-040 GREGGANS CHERYL TRUSTEE 11411 ENCHANTO VISTA DR SAN JOSE C A 95127-1329 $0.00 161 2930 HOMESTEAD RD, SANTA CLARA, CA 95051-522 6 293-17-084 WOODHAM PROPERT Y PO BOX 2041 LOS GATOS C A 95031-2041 $1,680.06 162 661 FLANNERY ST, SANTA CLARA, CA 95051-554 4 293-18-058 PARKHURST RAY AND MICHELENE 661 FLANNERY S T SANTA CLARA CA 95051-5544 $0.00 163 593 FLANNERY ST, SANTA CLARA, CA 95051-611 2 293-19-032 BRADLEY JANICE L ET A L 672 TRAMWAY DR MILPITAS C A 95035-3605 $0.00 164 2936 FORBES AV, SANTA CLARA, CA 95051-611 4 293-19-034 BROWN BRENDA J RUCKER TRUSTEE 2936 FORBES AVE SANTA CLARA C A 95051-6114 $0.00 165 492 WOODHAMS RD, SANTA CLARA, CA 95051-562 9 293-20-018 ANDREWS JOHN R AND SANDRA K 492 WOODHAMS RD SANTA CLARA C A 95051-5629 $0.00 166 462 WOODHAMS RD, SANTA CLARA, CA 95051-562 9 293-20-020 THAYER KEVIN 462 WOODHAMS RD SANTA CLARA C A 95051-5629 $0.00 167 2274 FORBES AV, SANTA CLARA, CA 95050-560 8 294-05-005 HAN DONGHYEOK AND LEE JIWOO 2274 FORBES AVE SANTA CLARA C A 95050-5608 $296.00 168 2264 FORBES AV, SANTA CLARA, CA 95050-560 8 294-05-006 THOMPSON ROSS W AND SUSAN TRUSTE E 2264 FORBES AVE SANTA CLARA C A 95050-5608 $296.00 169 605 MALARIN AV, SANTA CLARA, CA 95050-695 8 294-07-021 DEVENDRAPPA DARSHAN M AND RAVINDRAKUMAR DI V 605 MALARIN AVE SANTA CLARA C A 95050-6958 $296.00 170 653 MALARIN AV, SANTA CLARA, CA 95050-695 8 294-07-030 FRANKLIN ANDREW J AND NICOLA J 653 MALARIN AVE SANTA CLARA C A 95050-6958 $296.00 171 634 MALARIN AV, SANTA CLARA, CA 95050-694 2 294-07-051 ZHU BAIJUN AND ZHANG RUI 634 MALARIN AVE SANTA CLARA C A 95050-6942 $296.00 172 2257 FORBES AV, SANTA CLARA, CA 95050-563 1 294-08-054 SOUZA ALLAN C ET A L 2257 FORBES AVE SANTA CLARA C A 95050-5631 $296.00 173 759 CLARA VISTA AV, SANTA CLARA, CA 95050-515 2 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294-29-021 FRANCISCO CHRISTIN A 2615 MAPLEWOOD LN SANTA CLARA C A 95051-6235 $296.00 181 2791 PRUNERIDGE AV, SANTA CLARA, CA 95051-623 7 294-31-040 SINGH RAHUL N AND GHOSH SMIT A 2791 PRUNERIDGE AVE SANTA CLARA C A 95051-6237 $296.00 182 2790 PRUNERIDGE AV, SANTA CLARA, CA 95051-623 8 294-32-034 LI BENNY W AND LUO YUY A 2790 PRUNERIDGE AVE SANTA CLARA C A 95051-6238 $401.00 183 392 HAYES AV, SANTA CLARA, CA 95051-670 8 296-09-043 CHAN-TAN-WONG 11810 HENLEY LN LOS ANGELES C A 90077 $592.00 184 191 MUIR AV, SANTA CLARA, CA 95051-662 5 296-14-069 LEE CHEOLWHAN AND HYUNAH JEONG 191 MUIR AVE SANTA CLARA C A 95051-6625 $296.00 185 92 CLAREMONT AV, SANTA CLARA, CA 95051-664 0 296-17-005 WANG WEN CHUN AND YANG MICHELLE 92 CLAREMONT AVE SANTA CLARA C A 95051-6640 $296.00 186 3498 GIBSON AV, SANTA CLARA, CA 95051-664 9 296-18-012 TIBBETTS FAMILY REVOC TR 8/3/1 2 11016 162ND AVE NE REDMOND W A 98052 $296.00 187 3552 BENNETT AV, SANTA CLARA, CA 95051-663 6 296-18-039 SA SILIN AND YANG YANG 417 S GENEVIEVE LN SAN JOSE C A 95128-5111 $296.00 188 132 CLAREMONT AV, SANTA CLARA, CA 95051-664 2 296-19-005 LEE CHAYONG AND KIM HAEJIN 132 CLAREMONT AVE SANTA CLARA C A 95051-6642 $296.00 189 150 ELMHURST CT, SANTA CLARA, CA 95051-664 7 296-19-022 MEHTA YATRIK H AND MINAL Y 150 ELMHURST CT SANTA CLARA CA 95051-6647 $296.00 190 3533 ELMHURST AV, SANTA CLARA, CA 95051-664 5 296-19-036 CHEN TAIYING AND SHIH YING 1600 AMPHITHEATRE PKW Y MOUNTAIN VIEW CA 94043 $296.00 191 3551 ELMHURST AV, SANTA CLARA, CA 95051-664 5 296-19-039 RAMESH SUHAS KUMAR S AND BANNANJE SUPREETH A 3551 ELMHURST AVE SANTA CLARA C A 95051-6645 $296.00 192 3712 E EL CAMINO REAL, SANTA CLARA, CA 95051-260 6 313-06-008 SCS GATEWAY LLC 4546 EL CAMINO REAL STE 22 2 LOS ALTOS CA 94022 $296.00 193 973 WOOD DUCK CT, SANTA CLARA, CA 95051-4516 313-19-031 FLYNN BRIAN ET A L 973 WOOD DUCK CT SANTA CLARA C A 95051-4516 $296.00 194 977 WOOD DUCK CT, SANTA CLARA, CA 95051-4516 313-19-032 CAMPBELL JEAN T TRUSTEE 977 WOOD DUCK CT SANTA CLARA C A 95051-4516 $697.00 195 3800 HOMESTEAD RD, SANTA CLARA, CA 95051 316-09-044 KAISER FOUNDATION HOSPITALS ATTN: Rose Radford 700 Lawrence Expressway - Op erator Services SANTA CLARA C A 95051 $1,249.00 196 3800 HOMESTEAD RD, SANTA CLARA, CA 95051 316-09-045 KAISER FOUNDATION HOSPITALS ATTN: Rose Radford 700 Lawrence Expressway - Op erator Services SANTA CLARA C A 95051 $8,309.01 TOTAL $157,980.64
Resolution/Confirming the 2026 Weed Abatement Program Assessment Report and the Assessment Rev: 6/5/2026