City Council and Authorities Concurrent
Regular MeetingSanta Clara, CA · May 25, 2021
Agenda
City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Tuesday, May 25, 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.
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code
§54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Chair calls for a
Special Meeting of the Governing Board of the Stadium Authority and of the Governing Board of
the Successor Agency to the City of Santa Clara Redevelopment Agency to commence and
convene on May 25, 2021, at 4:00 pm for a Special Meeting to be held virtually via Zoom to
consider the following matter(s) and to potentially take action with respect to them.
4:00 PM CLOSED SESSION
Call to Order
Roll Call
Public Comment
The public may provide comments regarding the Closed Session item (s) just prior to the Council beginning the
Closed Session. Closed Sessions are not open to the public.
1.A 21-707 Conference with Legal Counsel-Existing Litigation (CC, SARDA)
Pursuant to Gov. Code § 54956.9(d)(1)
County of Santa Clara, et al., v. City of San Jose, et al.
Santa Clara County Superior Court Master Case Number
(consolidated) 105CV046005
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Council and Authorities Concurrent Meeting Agenda May 25, 2021
Meeting
1.B 21-712 Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Properties: 890 Walsh Avenue, Santa Clara, APN: 224-04-057
City/Authority Negotiator: Deanna J. Santana, City
Manager/Executive Director (or designee)
Negotiating Parties: L.A.W. LLC
Under Negotiation: Purchase/Sale/Exchange/Lease of Real
Property (provisions, price and terms of payment)
1.C 21-786 Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(1)
City of Santa Clara v. Diana J. Alman, Trustee of the Douglas S.
Alman Family Trust, et al., Santa Clara County Superior Court
Case Number 21CV377630
1.D 21-787 Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(1)
City of Santa Clara v. Jitendra G. Patel and Shashi J. Patel, et
al., Santa Clara County Superior Court Case Number
21CV377579
1.E 21-788 Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(1)
City of Santa Clara v. Dollinger Lafayette Associates, et al.,
Santa Clara County Superior Court Case Number 20CV374460
Convene to Closed Session
6:00 PM COUNCIL REGULAR/SPECIAL STADIUM AUTHORITY MEETING
*Open Session to be heard at 6:00 p.m. or shortly thereafter
Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
2. 21-721 Action to Continue the Discussion on Consideration of the Sale
of the Loyalton Ranch Property to August 17, 2021
Recommendation: Continue the Discussion on Consideration of the Sale
of the Loyalton Ranch Property to August 17, 2021.
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Meeting
3. 21-702 Action to Continue the Adoption of Ordinance No. 2030 to
reinstate the International Exchange Commission, and amend
the powers, functions, and duties of the Cultural Commission -
Continued to August 17, 2021
Recommendation: Continue the adoption of Ordinance No. 2030 to
reinstate the International Exchange Commission, and
amend the powers, functions, and duties of the
Cultural Commission to August 17, 2021.
5:30 PM STUDY SESSION
4. 21-524 Joint Study Session to review Proposed FY 2021/22 and FY
2022/23 Biennial Operating Budget and FY 2021/22 Capital
improvement Program Budget Adjustments and to review the
Proposed FY 2021/22 Municipal Fee Schedule
Recommendation: 1. Review and provide input on the Proposed FY
2021/22 and FY 2022/23 Biennial Operating
Budget and FY 2021/22 Capital Improvement
Program Amendments.
2. Review and provide input on the Proposed FY
2021/22 Municipal Fee Schedule.
3. Provide direction on the implementation of a
Transient Occupancy Tax rate increase that
received voter approval in November 2020.
4. Provide direction to the City Manager to return to
Council with a Parks and Recreation fee cost
recovery policy for Council consideration.
SPECIAL ORDER OF BUSINESS
5.A 21-710 Proclamation of Asian American and Pacific Islander Heritage
Month
5.B 21-743 Recognize Local Student for Achievement in the Telugu Book of
Records and Super Kids of India
5.C 21-646 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.]
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6.A 21-11 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Santa Clara Tourism Improvement District - March 18,
2021
Santa Clara Tourism Improvement District - April 16,
2021
City-School Liaison Committee - March 3, 2021
City-Mission College Liaison Committee - November
30, 2021
Cultural Commission - April 5, 2021
Board of Library Trustees - April 5, 2021
Historical and Landmarks Commission - April 1, 2021
Planning Commission - April 28, 2021
6.B 21-583 Action on Bills and Claims Report (CC, SA) for the period April
10th, 2021 - April 23rd, 2021
Recommendation: Approve the list of Bills and Claims for April 10, 2021 -
April 23, 2021.
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Meeting
6.C 21-427 Action on Agreements for Sales, Use, Tax Audit and Recovery
Services; Property Tax Audit and Management Services; and
Transient Occupancy Tax Audit Services
Recommendation: 1. Authorize the City Manager to execute an
agreement with MuniServices, LLC, doing business
as Avenu MuniServices LLC, for Sales, Use and
Transactions Tax Audit and Recovery Services for
a five-year term starting July 1, 2021 and ending on
June 30, 2026, with maximum compensation not to
exceed $1,500,000, subject to the appropriation of
funds;
2. Authorize the City Manager to execute an
agreement with HdL Coren & Cone for Property
Tax Audit and Management Services for a five-year
term starting July 1, 2021 and ending on June 30,
2026, with maximum compensation not to exceed
$100,000, subject to the appropriation of funds;
3. Authorize the City Manager to execute an
agreement with MuniServices, LLC, doing business
as Avenu MuniServices LLC, for Transient
Occupancy Tax Audit Services for a five-year term
starting July 1, 2021 and ending on June 30, 2026,
with maximum compensation not to exceed
$150,000, subject to the appropriation of funds; and
4. Authorize the City Manager to execute amendments
to each of the agreements to add funds as required
in the event revenues recovered exceed staff’s
estimates and/or additional related audit services
are required, subject to the appropriation of funds.
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Meeting
6.D 21-1078 Action on Agreement for Services with NAZ & CO., doing
business as True Blue Automation Services, for Electrical
Support Services for the City's Water, Sewer and Storm Assets
Recommendation: 1. Authorize the City Manager to execute an
agreement with NAZ & CO., doing business
as True Blue Automation Services, for
electrical support services for the City’s water,
sewer, and storm assets , for an initial
one-year term starting on or about July 1, 2021
and ending on June 30, 2022 , with maximum
compensation not-to-exceed $300,000 and to
make minor adjustments to the agreement to
facilitate execution; and
2. Authorize the City Manager to exercise up to
four one-year options to extend the term of the
agreement after the initial one-year term
through June 30, 2026, subject to the annual
appropriation of funds.
6.E 21-508 Action on an Agreement and Covenant Running with the Land to
Allow Private Improvements within the Public Right-of-Way at
801 Martin Avenue
Recommendation: 1. Approve and authorize the City Manager to execute
the Agreement and Covenant Running with the
Land allowing the installation and maintenance of
private improvements within the public right-of-way
at 801 Martin Avenue [APN 224-04-090 SC
19,351];
2. Authorize the City Manager to make minor,
non-substantive modifications to the Agreement, if
necessary; and
3. Authorize the recordation thereof.
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Meeting
6.F 21-519 Action on an Agreement with Business Recovery Services, Inc.,
dba Bank Up Corporation, for Remittance Lockbox Processing
Services for Utility Payments
Recommendation: 1. Authorize the City Manager to execute an
agreement with Business Recovery Services, Inc.,
dba Bank Up Corporation, for Remittance Lockbox
Processing Services with an initial term starting on
July 1, 2021 and ending on June 30, 2024 for a
total maximum not-to-exceed amount of $120,000,
subject to the appropriation of funds;
2. Authorize the City Manager to execute amendments
over the initial term of the agreement, not-to-exceed
$20,000 as contingency to cover any unanticipated
service requirements including additional checks
for processing, subject to the appropriation of
funds; and
3. Authorize the City Manager to execute up to two (2)
additional one-year options to extend the term
through June 30, 2026, subject to the appropriation
of funds.
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Meeting
6.G 21-528 Action on Agreements with the County of Santa Clara for the
Countywide AB 939 Implementation Fee and Countywide
Household Hazardous Waste Collection Program
Recommendation: 1. Approve and Authorize the City Manager to execute
the Agreement for Countywide AB 939
Implementation Fee to collect and distribute the AB
939 Implementation Fee over the three-year term of
the agreement;
2. Approve and authorize the City Manager to execute
the Agreement for Countywide Household
Hazardous Waste Collection Program with the
County of Santa Clara to enable residents to
participate in the Countywide Household
Hazardous Waste Collection Program for a
three-year term;
3. Authorize the City Manager to execute future
amendments to the Agreement for Countywide
Household Hazardous Collection Program with the
County of Santa Clara to adjust the annual
augmentation over the baseline 4 percent
participation level; and
4. Authorize the City Manager to execute future
license agreements with the County of Santa Clara
that enable drop-off events to be conducted on the
Public Works Corporation Yard premises.
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Meeting
6.H 21-667 Authorize the City Manager to execute an Amendment to the
Agreement with Wallace Roberts & Todd, LLC for Downtown
Precise Plan Consultant Services pending funding proposed as
part of the FY 2021/22 and FY 2022/23 Proposed Operating
Budget
Recommendation: 1. Authorize the City Manager to execute and amend
the agreement with Wallace Roberts & Todd, LLC
to provide added Downtown Precise Plan
Consultant Services, subject to modifications as
agreed to by the City Manager in coordination with
the City Attorney; increase the maximum
compensation not to exceed amount by $300,000
(from $578,346 to $878,346), subject to the annual
appropriation of funds; and
2. Authorize the City Manager to execute an
amendment to increase maximum compensation in
the event that additional services are required,
subject to the annual appropriation of funds.
6.I 21-545 Action to Amend the Agreement Between TruePoint Solutions,
LLC, and the City of Santa Clara
Recommendation: 1. Approve and authorize the City Manager to execute
Amendment No. 1 to the Agreement between
TruePoint Solutions, LLC, and the City of Santa
Clara to extend the term of the agreement ending
on June 30, 2022, and increase the maximum
compensation amount by $215,436 for a total
maximum compensation of $1,100,518 to provide
additional services for data conversion, continued
system configuration, and project management
consultation hours, subject to the appropriation of
funds; and
2. Authorize the City Manager to exercise the option to
extend the term of the Agreement between
TruePoint Solutions, LLC, and the City of Santa
Clara for one year after June 30, 2022; and
increase the not to exceed amount by $50,000, if
necessary, subject to the appropriation of funds.
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Meeting
6.J 21-561 Action on 2021 Q1 Legislative Update and Proposed
Amendments to the 2021 Energy Legislation, Regulations, and
Issues and Public Safety Legislative Advocacy Positions
Recommendation: 1. Note and file the 2021 Q1 Legislative Update; and
2 Approve the amended 2021 Energy Legislation,
Regulations, and Issues and Public Safety Legislative
Advocacy Positions.
6.K 21-568 Informational Report on COVID-19 Legislative Updates from
Townsend Public Affairs for April 5 - May 9, 2021
Recommendation: Note and file the Informational Report on COVID-19
Legislative Updates from Townsend Public Affairs for
April 5 - May 9, 2021.
6.L 21-673 Written Petition submitted by Amrit S. Kulkarni requesting the
City Council hear appeals regarding permit and environmental
process determinations regarding three Use Permit Applications
for Bloom Fuel Cell Power System projects filed for 2960 Corvin
Drive, 2970/3000 Corvin Drive, and 2200 Mission College
Boulevard
Recommendation: Staff recommends that no action be taken.
6.M 21-581 Informational Report on Dates and Purpose of Stadium Authority
and Stadium Manager Meetings and Corresponding Minutes for
the Period January 1, 2021 to March 31, 2021
Recommendation: Note and file the quarterly report on Stadium Authority
and Stadium Manager Meetings and Corresponding
Minutes for the period of January 1, 2021 to March 31,
2021.
6.N 21-662 Informational Report Regarding Bi-yearly Project Status Report
of the GIS Services Program
Recommendation: Note and file the Informational Report regarding the
Bi-yearly Project Status Report of the GIS Services
Program.
6.O 21-767 Action to Approve/Ratify Agreement with Management Partners
for Executive Evaluation Facilitation
Recommendation: Approve/ratify the agreement with Management
Partners for facilitation of the City Attorney
performance evaluation process.
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Meeting
6.P 21-729 Report from the City Attorney on California Voter Rights Act
(CVRA) Litigation
Recommendation: Note and file report.
6.Q 21-722 Action on a Written Petition submitted by Robert Mezzetti, II
Requesting to Discuss Amendment No. 3 to the Exclusive
Negotiation Agreement by and between the City, VTA and
Republic Metropolitan an LLC for the proposed project located
at 500 S. Benton Street (APN 230-08-061 and 230-08-078)
Recommendation: That Council take no action on the petition and do not
place the item on a future agenda.
6.R 21-778 Action on Stadium Authority & Special City Council Meeting
Minutes of March 2, 2021 and Council & Authorities Concurrent
and Special Stadium Authority Minutes of March 9, 2021
Recommendation: Approve the Stadium Authority & Special City Council
Meeting Minutes of March 2, 2021 and Council &
Authorities Concurrent and Special Stadium Authority
Minutes of March 9, 2021.
STADIUM AUTHORITY CONSENT CALENDAR
6.S 21-485 Action on Stadium Authority Bills and Claims for the Month of
March 2021
Recommendation: Approve the list of Stadium Authority Bills and Claims
for March 2021.
6.T 21-1137 Action on an Agreement with KPMG LLP to provide auditing
services for the Santa Clara Stadium Authority
Recommendation: Approve and authorize the Executive Director to
execute an agreement with KPMG LLP to provide
auditing services for the Santa Clara Stadium
Authority for FY 2020/21 through FY 2024/25 in the
amount not-to-exceed $754,554.
6.U Request from the Stadium Manager for Authority to Execute Amendment No. 1 to
Concessions Operating Agreement with Levy Premium Foodservice Limited
Partnership
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Meeting
A. 21-740 Request from the Stadium Manager for Authority to Execute
Amendment No. 1 to Concessions Operating Agreement with
Levy Premium Foodservice Limited Partnership
B. 21-742 Report from the Stadium Authority Regarding the Stadium
Manager’s Request to Execute Amendment No.1 to
Concessions Operating Agreement with Levy Premium
Foodservice Limited Partnership
Recommendation: Alternative 1
1. Approve the Stadium Manager’s request for
authority to execute Amendment No. 1, with the
redlined changes outlined in Attachment 3, to the
Concessions Operating Agreement with Levy which
will extend the term of the agreement by one year and
modify the Investment Use Fee Schedule and the
amortization schedules for the Capital Investment,
Innovation, Refresh Investment, and Hub for Next
Generation Sports Entertainment Funds to align with
the new agreement term, at no cost to the Stadium
Authority;
6.V Request from the Stadium Manager for Approval to Add Stadium Builder Licenses
to Field Seating in the North and South Endzones of Levi's Stadium
A. 21-745 Request from the Stadium Manager for Approval to Add Stadium
Builder’s Licenses to Temporary Field Seats in the North and
South Endzones of Levi’s Stadium
B. 21-736 Stadium Authority Response Regarding the Stadium Manager’s
Proposal to Add Stadium Builder’s Licenses to Temporary Field
Seats in the North and South Endzones of Levi’s Stadium
Recommendation: Alternatives 1 and 2:
1. Take no action on the Stadium Manager’s
proposal to add Stadium Builder Licenses to the
64 temporary field seats in the North and South
endzones of Levi’s Stadium; and
2. Direct the Stadium Manager to present revenue
options, based on previous direction, within three
months for the Board to consider.
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Council and Authorities Concurrent Meeting Agenda May 25, 2021
Meeting
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
7. 21-155 Public Hearing: Adoption of a Resolution of Formation of the
Santa Clara Tourism Improvement District under the Property
and Business Improvement District Law of 1994
Recommendation: Alternative 1: Adopt a Resolution of Formation to
establish the Santa Clara Tourism Improvement
District (SCTID) for five years starting July 1, 2021 if
there is no legally sufficient protest.
8. 21-701 Adopt a Resolution Approving the Proposed Charter
Amendment to enact Council District elections and Introduction
of an Ordinance Establishing District Boundaries to conduct
By-District Elections in Santa Clara
Recommendation: Staff recommends:
1. Adopt Resolution directing the City Clerk to bring
back a resolution to call for a Special Municipal
Election on June 7, 2022 for the purpose of placing
one measure on the ballot that, if passed, would
amend the Santa Clara City Charter sections 600,
700.1 and 700.2, as set forth in Exhibit A, in
accordance with the requirements of section 10403
of the California Elections Code; and
2. Approve introduction of an Ordinance for the
Council District Boundary Map for Councilmember
elections as the map to be used for elections
beyond 2020,subject to changes required by the
redistricting process.
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Meeting
9. 21-1163 Public Hearing: Adoption of a Resolution Setting Rates for
Overall Solid Waste Services and Annual Clean-up Campaign in
the Exclusive Franchise Area
Recommendation: 1. Adopt a Resolution setting the overall rates to be
charged to rate payers for the collection and
disposal of garbage, refuse, yard trimmings,
recycling, annual Clean-up Campaign, and
Household Hazardous Waste in the exclusive
franchise area, effective for the utility bills issued for
services rendered on and after July 1, 2021;
3. Authorize the City Manager to incorporate the
transfer of $33,600 from the General Fund to the
Solid Waste Fund into Biennial FY 2021/22 and FY
2022/23 Operating Budget and each subsequent
operating budget; and
4. Direct the City Manager to bring forward an
amendment to the Proposed Biennial FY 2021/22
and 2022/23 Operating Budget that allocates
$75,000 from the Solid Waste Fund unrestricted
ending fund balance in FY 2021/22 to hire a
consultant to develop alternatives to the current
annual Clean-up Campaign format and conduct a
customer survey.
10. 21-760 Public Hearing: Action on a Resolution Establishing the Average
Per-Acre Land Values and Updating the Parkland In-Lieu Fee
Schedule for FY2021/22 for New Residential Development
Recommendation: Adopt a Resolution to Establish the Parkland In-Lieu
Fee Schedule for New Residential Development for
FY2021/22 In Accordance with Title 17
(“Development”) Chapter 35 (“Park and Recreational
Land”) of the City Code using the December 31, 2020
land valuation report.
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
21-717 Update on City Council and Stadium Authority Staff Referrals
ADJOURNMENT
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Council and Authorities Concurrent Meeting Agenda May 25, 2021
Meeting
The next regular scheduled meeting is on Tuesday evening, June 8, 2021
MEETING DISCLOSURES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City
is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other
provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must
be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge,
which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in
court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice,
or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge
may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing
Authority are entitled to receive $30 for each attended meeting.
Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken
should be considered actions of only the identified policy body.
LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA);
Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement
Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council
Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours
prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by
contacting the City Clerk’s Office at (408) 615-2220, email 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
policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs,
services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the
City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an
alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of
policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa
Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before
the scheduled event.
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