City Council and Authorities Concurrent
Regular MeetingSanta Clara, CA · January 12, 2021
Agenda
City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Tuesday, January 12, 2021 4:00 PM Virtual Meeting
Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March
17, 2020, to prevent the spread of COVID-19, the City of Santa Clara has implemented methods
for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o Phone: 1(669) 900-6833
• Via the City’s eComment (now available during the meeting)
• Via email to PublicComment@santaclaraca.gov
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television
(Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube
channel or Facebook page.
4:00 PM COUNCIL REGULAR MEETING
Call to Order
Pledge of Allegiance and Statement of Values
Roll Call
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
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1. 21-39 CLOSED SESSION ITEM
Conference with Legal Counsel-Existing Litigation (CC, SA)
Pursuant to Gov’t Code § 54956.9(d)(1)
Nevarez v. City of Santa Clara, et al., United States District
Court, Northern District of California Case No.
5:16-CV-07013-LHK
(Continued from December 16, 2020)
Recommendation: Continue the Closed Session Item Nevarez v. City of
Santa Clara, et al., United States District Court,
Northern District of California Case No.
5:16-CV-07013-LHK
to January19, 2021 .
SPECIAL ORDER OF BUSINESS
2.A 21-42 Introduction of the New Chief Executive Officer of Silicon
Valley/Santa Clara DMO, Inc. (Deferred from December 16,
2020)
2.B 21-1309 Recognize Resident Evelyn Buffo on her 100th Birthday
2.C 21-1257 Recognition of Santa Clara students for their participation in
Santa Clara Valley Science and Engineering Fair Association’s
Synopsys Science and Technology Championship
2.D 21-41 Verbal Report from City Manager regarding COVID-19
Pandemic
CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be
no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of
the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and
considered under CONSENT ITEMS PULLED FOR DISCUSSION.]
3.A 21-88 Action on Council and Authorities Concurrent and Joint Council
and Authorities Concurrent/Stadium Authority Meeting Minutes
Recommendation: Approve the November 10, 2020 Council and
Authorities Concurrent and November 17, 2020 Joint
Council and Authorities Concurrent/Stadium Authority
Meeting Minutes.
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3.B 21-02 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Santa Clara Tourism Improvement District Advisory
Board - May 5, 2019
Santa Clara Tourism Improvement District Advisory
Board - June 10, 2019
Santa Clara Tourism Improvement District Advisory
Board - June 17, 2019
3.C 21-1281 Action on Bills and Claims Report (CC, SA,) for the period
November 14th, 2020 - December 18th, 2020
Recommendation: Approve the list of Bills and Claims for November 14,
2020 - December 18, 2020.
3.D 21-1176 Action on Monthly Financial Status and Investment Reports for
October 2020 and Related Budget Amendments
Recommendation: Note and file the Monthly Financial Status and
Investment Reports for October 2020 as presented
and Approve the Related Budget Amendments.
3.E 21-1404 Action on a Resolution Authorizing the City Manager to Procure,
Negotiate and Execute Amendments, Change Orders, and New
Agreements with Various Vendors as Required to Complete
Emergency Repairs and Maintenance at the Gianera
Generating Station, in an Aggregate Amount Not-to-Exceed
$2,567,736
Recommendation: Adopt a Resolution authorizing the City Manager to
negotiate and execute amendments, change orders,
and new agreements with various vendors as required
to complete all repairs and maintenance at the
Gianera Generating Station, in an aggregate amount
not-to-exceed $2,567,736 and directing staff to
provide Council with a report on contracts awarded
and work performed once the repairs have been
completed.
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3.F 21-897 Action on Appointment of Members to the Bicycle and
Pedestrian Advisory Committee
Recommendation: Appoint Lloyd Cha and Atisha Varshney to serve
three-year terms on the Bicycle and Pedestrian
Advisory Committee, expiring on December 31, 2023.
3.G 21-503 Action on Change Order No. 4 for the Serra Substation Rebuild
Project Contract No. 2104 with the Newtron Group and Related
Additional Authorization
Recommendation: 1. Authorize the City Manager to execute Change
Order No. 4 for the Serra Substation Construction
Project (Contract No. 2104A) with the Newtron
Group in an amount up to $715,512.; and
2. Authorize the City Manager to execute additional
change orders for a total contingency authorization
of up to $873,751 and a total not-to-exceed amount
of $6,576,773 for Contract No. 2104A.
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3.H 21-730 Action on Various Agreements for Silicon Valley Power (SVP),
authorize the City Manager to:
1. Execute Amendment No. 2 to the Agreement with Flynn
Resource Consultants for Transmission Analysis Support;
2. Execute Amendment No. 1 to the Agreement with Milton
Security Group, Inc. for Information Technology Support
Services;
3. Execute Amendment No. 1 to the Master Construction
Agreement with Hot Line Construction, Inc. for Electric Utility
Overhead Services;
4. Execute an Agreement with Daniel L. Sun Inc. DBA Sun-Net
Consulting for Implementation and Support of Transmission
Outage Application Software; and
5. Add or delete services consistent with the scope of the
agreements, and allow future rate adjustments subject to
request and justification by contractor, approval by the City, and
the appropriation of funds.
Recommendation: 1. Authorize the City Manager to execute
Amendment No. 2 to the Agreement with Flynn
Resource Consultants, Inc. to extend the term of
the Agreement to April 30, 2021, and increase
maximum compensation by $500,000 to a new
not-to-exceed amount of $3,170,000;
2. Authorize the City Manager to execute
Amendment No. 1 to the Agreement for Services
with Milton Security Group, Inc. to extend the term
of the Agreement to April 30, 2021 and increase
maximum compensation by $240,000 to a new
not-to-exceed amount $640,000;
3. Authorize the City Manager to execute
Amendment No. 1 to the Master Construction
Agreement with Hot Line Construction, Inc. to
extend the term of the Agreement to July 31, 2022
with no change to maximum compensation;
4. Authorize the City Manager to execute an
Agreement for the Performance of Services with
Daniel L. Sun Inc. DBA Sun-Net Consulting in an
amount not to exceed $478,174 and a term of six
years; and
5. Authorize the City Manager to add or delete
services consistent with the scope of the
agreements, and allow future rate adjustments
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subject to request and justification by contractor,
approval by the City, and the appropriation of
funds.
3.I 21-1073 Action on the Parks & Recreation Commission Recommendation
that the Council approve the Magical Bridge All-Inclusive
Playground in Central Park Schematic Design Scopes A, B, C
and D and Introduction of an Ordinance Approving the Central
Park All-Inclusive Playground Schematic Design in Accordance
with City Charter Section 714.1
Recommendation: 1. Approve the Magical Bridge All-Inclusive
Playground in Central Park Schematic Design
Scopes A, B, C and D; and
2. Introduce an ordinance approving the All-Inclusive
Playground Schematic Design in accordance with
City Charter Section 714.1
3.J 21-1155 Action on Amendment No. 1 to the Management Agreement
between Lifetime Tennis, Inc. and the City of Santa Clara to
address COVID-19 Impacts to Programs & Revenue
Recommendation: Authorize the City Manager to Execute an Amendment
No. 1 to the Management Agreement between
LifeTime Tennis, Inc. dba LifeTime Activities and the
City of Santa Clara and delegate authority to make
any needed modifications to the Agreement through
December 31, 2021.
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3.K 21-1307 Action on Various Agreements for Silicon Valley Power (SVP),
authorize the City Manager to:
1. Execute Amendment No. 1 to an Agreement for the
Performance of Services with GE Grid Solutions, LLC for JMux
Professional Support Services for network communication and
control system;
2. Execute Amendment No. 1 to an Agreement for the
Performance of Services with Reliability Optimization, Inc. for
predictive maintenance services for SVP Generation Assets;
3. Execute Amendment No. 1 to an Agreement for the
Performance of Services with Koffler Electrical Mechanical
Apparatus Repair, Inc. (Koffler) for maintenance and repair of
electrical equipment such as pumps, fans, and motors; and
4. Add or delete services consistent with the scope of the
agreements, and allow future rate adjustments subject to
request and justification by contractor, approval by the City, and
the appropriation of funds.
Recommendation: 1. Authorize the City Manager to execute
Amendment No. 1 to an Agreement for the
Performance of Services with GE Grid Solutions,
LLC. to extend the term of the Agreement to
December 31, 2023, and increase maximum
compensation by $145,528 to a new
not-to-exceed amount of $241,278;
2. Authorize the City Manager to execute
Amendment No. 1 to an Agreement for the
Performance of Services with Reliability
Optimization, Inc. to extend the term of the
Agreement to January 24, 2023, and increase
maximum compensation by $387,958 from
$350,154 to a new not-to-exceed amount of
$810,686;
3. Authorize the City Manager to execute
Amendment No. 1 to an Agreement for the
Performance of Services with Koffler Electrical
Mechanical Apparatus Repair, Inc. (Koffler) for
maintenance and repair of electrical equipment
such as pumps, fans, and motors to extend the
term from three years to five years and increase
maximum compensation from by $205,591.91
from $144,408.09 to a new not-to-exceed amount
of $350,000; and
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4. Authorize the City Manager to add or delete
services consistent with the scope of the
agreements, and allow future rate adjustments
subject to request and justification by contractor,
approval by the City, and the appropriation of
funds.
3.L 21-1194 Action on Amendment No. 1 to the Management Agreement
between City of Santa Clara and The Santa Clara Swim Club,
Inc. for Mary Gomez Pool to address COVID-19 Impacts to
Programs & Revenue
Recommendation: Authorize the City Manager to execute Amendment
No. 1 to the Management Agreement between the
City of Santa Clara and Santa Clara Swim Club for
the operation of Mary Gomez Pool and delegate
authority to make minor modifications to the
Agreement as needed.
3.M 21-1306 Action on Amendment No. 1 to the Grant Agreement with Bay
Area Air Quality Management District Grant No. 2018.245
Recommendation: Authorize the City Manager to execute Amendment
No. 1 to the Grant Agreement with Bay Area Air
Quality Management District (BAAQMD) Grant No.
2018.245 to extend the term of the grant to
demonstrate the feasibility of battery energy storage
systems for back-up power at data centers.
3.N 21-1203 Action on Adoption of a Resolution Declaring Weeds a Public
Nuisance and Setting February 9, 2021 for Public Hearing
Recommendation: 1. Adopt a Resolution ordering the abatement of
nuisance consisting of growing weeds in the City;
and
2. Set February 9, 2021 as the date for the required
Public Hearing.
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3.O 21-1221 Action on the Award of Purchase Orders to Waterworks
Industries, Inc. for Fountain Maintenance and Repair Services
through June 30, 2025
Recommendation: Authorize the City Manager to approve purchase
orders with Waterworks Industries, Inc. for fountain
maintenance and repair services through June 30,
2025, subject to the annual appropriation of funds.
3.P 21-1084 Action on an Agreement with Jones Lang LaSalle Americas, Inc.
(JLL) for Consulting Services for the Development,
Implementation and Operation of Comprehensive Tourism
Strategy
Recommendation: 1. Approve and authorize the City Manager to execute
an agreement with Jones Lang LaSalle Americas,
Inc. to provide consulting services for the
development, implementation and operation of a
comprehensive tourism strategy retroactive to
January 1, 2021 and ending on or about December
31, 2023 for a total maximum amount not-to-exceed
$300,000 subject to the appropriation of funds;
2. Authorize the City Manager to execute any minor or
administrative amendments to the Agreement
which do not increase the compensation for the
Agreement.
3. Authorize the City Manager to execute up to three
one-year options to extend the term of the
agreement after the initial term through December
31, 2026 for ongoing consulting services, subject to
the appropriation of funds.
3.Q 21-1224 Action on a Professional Services Agreement Between Northern
California Power Agency and the Cities of Palo Alto and Santa
Clara for Consulting Services Related to Electric Transmission,
Power Generation, Regulatory and Electric Market Design
Recommendation: Authorize the City Manager to execute the
Professional Services Agreement between Northern
California Power Agency and the Cities of Palo Alto
and Santa Clara (the “Bay Area Municipal
Transmission Services Agreement” or “BAMx
Agreement) in an amount not to exceed $493,125
annually for a total not to exceed amount of
$2,465,625 over the five year term of the agreement.
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3.R 21-1245 Action on the Schematic Design of the New Public
Neighborhood Park Located at 1205 Coleman Avenue
(Gateway Crossings)
Recommendation: Approve the Schematic Design for the New Public
Neighborhood Park located at 1205 Coleman
Avenue.
3.S 21-1227 Action on the Award of Purchase Orders to Universal Site
Services, Inc. for Sweeping Services through June 30, 2025
Recommendation: Authorize the City Manager to execute up to four
one-year options to renew the purchase order with
Universal Site Services, Inc. through June 30, 2025,
subject to the annual appropriation of funds.
3.T 21-1252 Action on Amendments to Four Professional Service
Agreements for the Related Santa Clara Development Project
Extending the Terms with Milstone Geotechnical Consulting
Services, Environmental Risk Services, Valbridge Property
Advisors and Robert E. Van Heuit
Recommendation: Approve and authorize the City Manager to execute:
1. Amendment No. 3 with Barry Milstone DBA
Milstone Geotechnical Consulting Services for the
Related Santa Clara Development Project to
extend the term through December 31, 2021;
2. Amendment No. 4 to the Amended and Restated
Agreement with Environmental Risk Services for
Consulting Services for the Related Santa Clara
Development Project to extend the term through
December 31, 2021;
3. Amendment No. 3 with Hulberg and Associates,
Inc., DBA Valbridge Property Advisors for
Consulting Services for the Related Santa Clara
Development Project to extend the term through
July 31, 2021; and
4. Amendment No. 2 to Amended and Restated
Agreement with Robert E. Van Heuit for Consulting
Services for the Related Santa Clara Development
Project to extend the term through December 31,
2021.
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3.U 21-1264 Action on the appointment of Qian Huang to the Planning
Commission to serve a partial term ending June 30, 2021
Recommendation: 1. Declare two partial term vacancies: one term
ending on June 30, 2021 and the second term
ending June 30, 2023; and
2. Appoint Qian Huang to fill one partial term ending
June 30, 2021, and staff will return at a future
meeting date to consider options on filling the
second vacancy from the eligibility list put in place
by former council action or open a recruitment to
the public to fill the position.
3.V 21-1403 Action on the Task Force on Diversity, Equity, and Inclusion’s
Recommended Appointments to the Task Force Vacancies
Recommendation: 1. Appoint Joyce Davis, Mark Gilley, and Dorothy Ma
to the three (3) vacancies on the Task Force on
Diversity, Equity, and Inclusion (Task Force) as
recommended by the inaugural Task Force
members; and
2. Approve establishment of an eligibility list with Innae
Park, Kevin Landis, and Gustavo Rangel that will
be active for one (1) year and used in the event a
Task Force vacancy occurs.
3.W 21-1405 Action on Adoption of an Ordinance No. 2023 adding Chapter
9.65 to the City Code to provide Hotel Service Workers
Retention Rights (Deferred from December 16, 2020)
Recommendation: Adopt Ordinance No. 2023 adding Chapter 9.65 to
the City Code to provide Hotel Service Workers
Retention Rights.
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3.X 21-1406 Action on Adoption of Ordinance No. 2025 amending the Transit
Neighborhood Zoning District, the Zoning District applicable to
the Tasman East Specific Plan area boundaries, to allow certain
non-residential uses within the first three floors of mixed-use
buildings and to correct an error regarding permissible density
ranges (Deferred from December 16, 2020)
Recommendation: Adopt Ordinance No. 2025 amending the Transit
Neighborhood Zoning District to allow certain
non-residential uses within the first three floors of a
mixed-use building and to correct an error regarding
permissible density ranges.
3.Y 21-1407 Action on the Adoption of Ordinance No. 2026 Adding Section
17.15.350 to Chapter 15 of Title 17 of the Santa Clara City
Code Regarding the Tasman East Specific Plan Infrastructure
Fee (Deferred from December 16, 2020)
Recommendation: Adopt Ordinance No. 2026 Adding Section 17.15.350
to Chapter 15 of Title 17 of the Santa Clara City Code
Regarding the Tasman East Specific Plan
Infrastructure Fee.
3.Z 21-1389 Action on a First Amendment to the Disposition and
Development Agreement with Core Winchester LLC for the
development of up to 361 multi-family residential units and 1.5
acres of open space at 1834 Worthington Circle/90 North
Winchester (Agrihood Project on the former BAREC site)
Recommendation: Adopt a Resolution approving and authorizing the City
Manager to execute the First Amendment to
Disposition and Development Agreement with Core
Affordable Housing for the development of up to 361
multi-family residential units and 1.5 acres of open
space at 1834 Worthington Circle/90 North
Winchester and further authorizing the City Manager to
execute all other agreements (including a Ground
Lease, Loan Agreements, Deeds of Trust, Promissory
Notes, and Affordable Housing Agreement) in a form
consistent with the First Amendment to Disposition
and Development Agreement and all other documents
necessary or convenient to close escrow and
implement the purposes and terms of the Disposition
and Development Agreement, as amended.
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3.AA 21-1237 Action on the Fairway Glen Park Restroom Project Schematic
Design Option 1 and Introduction of an Ordinance Approving the
Update of the Fairway Glen Park Master Plan to include a
Restroom in Accordance with City Charter Section 714.1
Recommendation: Approval of the Fairway Glen Park Restroom Project
Schematic Design Option 1 and introduction of an
ordinance approving the update of the Fairway Glen
Park Master Plan to include a Restroom Building in
accordance with City Charter Section 714.1.
3.BB 21-1256 Action on an Agreement with Long’s Custom Discing, Inc. for
Annual Swale Mowing Services
Recommendation: 1. Approve and authorize the City Manager to execute
an agreement with Long’s Custom Discing, Inc. to
perform annual mowing of the City’s Eastside
Retention Basin Drainage Swale for an amount
not-to-exceed $296,208.61 over the five-year term
of the agreement, subject to the appropriation of
funds; and
2. Authorize the City Manager to make minor
modifications to the agreement, including time
extensions, as necessary.
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is
within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended
discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may
briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a
subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the
speaker card available in the Council Chambers.]
CONSENT ITEMS PULLED FOR DISCUSSION
PUBLIC HEARING/GENERAL BUSINESS
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4. 21-1247 Action on FY 2019/20 Budget Year-End Report and Approve the
Related Budget Amendments
Recommendation: 1. Note and file the FY 2019/20 Budget Year-End
Report;
2. Approve the FY 2019/20 Budget Amendments to
address necessary budget ratifications as set forth
in Attachment 1 of the Budget Year-End Report
(five affirmative Council votes required for revenue
actions only); and
3. Approve the FY 2020/21 Budget Amendments as
set forth in Attachment 2 of this report (five
affirmative Council votes required for revenue
actions only).
5. 21-1034 Action on the Consideration of the Nomination of the Pomeroy
Green Townhouses at the Northeast Corner of Pomeroy
Avenue and Benton Street to the National Register of Historic
Places
Recommendation: No staff recommendation
6. 21-1411 Action on Resolution Amending Rate Schedules for Electric
Service for All Classes of Customers, Effective February 1, 2021
(Deferred from December 16, 2020)
Recommendation: Adopt a Resolution amending Rate Schedules for
Electric Services for all classes of customers effective
February 1, 2021 and amending Time of Use rate
under CB-6 and CB-7 Rate Schedule.
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
21-40 Update on City Council and Stadium Authority Staff Referrals
21-91 Tentative Meeting Agenda Calendar (TMAC)
ADJOURNMENT
The next regular scheduled meeting is on Tuesday evening, January 26, 2021.
MEETING DISCLOSURES
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Meeting
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City
is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other
provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must
be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge,
which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in
court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice,
or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge
may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing
Authority are entitled to receive $30 for each attended meeting.
Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken
should be considered actions of only the identified policy body.
LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA);
Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA)
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 clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at
the public information desk at any City of Santa Clara public library.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no
speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara
will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or
activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of
Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for
qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate
equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to
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Agendas and other written materials distributed during a public meeting that are public record will be made available by the
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Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of
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