City Council and Authorities Concurrent
Regular MeetingSanta Clara, CA · August 29, 2023
Agenda
City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Tuesday, August 29, 2023 4:30 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and
continues to have methods for the public to participate remotely).
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone: 1(669) 900-6833
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disclosure pursuant to the California Public Records Act, that are distributed to a majority of the
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City of Santa Clara Page 1 of 15 Printed on 8/24/2023
Council and Authorities Concurrent Meeting Agenda August 29, 2023
Meeting
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, to commence and convene on
August 29, 2023, at 4:30 pm for a Special Meeting to be held virtually and in the City Hall Council
Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara,
California, to consider the following matter(s) and to potentially take action with respect to them.
Closed Session - 4:30 PM | Regular Meeting - 7:00 PM
4:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
1.A 23-934 Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 5201 Great America Parkway, Santa Clara, California
95054 (APN: 104-55-013, 104-55-016)
City Negotiators: Jōvan D. Grogan, Ruth Shikada, Glen
Googins, Elizabeth Klotz
Negotiating Parties: City of Santa Clara and Hudson Pacific
Properties
Under Negotiation: Purchase of Real Property interest(s), price
and terms of payment
1.B 23-1028 Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jōvan Grogan, Nadine Nader, Aracely
Azevedo, Marco Mercado, Charles Sakai, Glen Googins
Employee Organization(s):
Units #5, 7 & 8-City of Santa Clara Employees Association
Unit #9A-Unclassified Police Management Employees
Unit #10-PSNSEA (Public Safety Non-Sworn Employees
Association)
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.
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Council and Authorities Concurrent Meeting Agenda August 29, 2023
Meeting
Convene to Closed Session (Council Conference Room)
7:00 PM COUNCIL/SPECIAL STADIUM AUTHORITY REGULAR MEETING
Call to Order
Call to Order in the Council Chambers (Open to the Public)
Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2.A 23-277 Proclamation of September 2023 as Community Preparedness
Month
2.B 23-1042 Proclaim August 24, 2023 as Ukrainian Independence Day
2.C 23-1039 Proclaim Beyoncé Knowles-Carter as Honorary Mayor for
Ceremonial Purposes Only on August 30, 2023 and
Presentation of Key to the City of Santa Clara (Ceremonial
Vote)
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 23-19 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:
Parks & Recreation Commission - July 18, 2023
3.B 23-822 Action on Monthly Financial Status Report for May 2023 and
Monthly Investment Reports for May and June 2023 and
Approve Related Budget Amendment
Recommendation: Note and file the Monthly Financial Status Report for
May 2023 and Monthly Investment Reports for May
and June 2023 as presented and Approve the
Related Budget Amendment (five affirmative
Council votes required for the use of unused
balances).
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Council and Authorities Concurrent Meeting Agenda August 29, 2023
Meeting
3.C 23-848 Action on Amendment No. 2 to the Master Product and Services
Agreement with Hexagon Safety & Infrastructure to Extend the
Computer Aided Dispatch System Contract Term to November
30, 2024 at No Additional Cost
Recommendation: Approve and authorize the City Manager to execute
Amendment No. 2 to the Master Product and Services
Agreement with Hexagon Safety & Infrastructure dated
October 12, 2017 to extend the contract term at no
additional cost in a final form approved by the City
Attorney.
3.D 23-116 Action Authorizing the City Manager to Execute Amendment No.
2 to the Agreement with Nalco Company LLC for Water
Treatment Services for Silicon Valley Power at Power Plants
and to Extend the Term Through December 31, 2023, With No
Change to the Maximum Compensation
Recommendation: 1. Authorize the City Manager to execute Amendment
No. 2 to the Agreement for the Performance of
Services with Nalco Company, LLC for water
treatment services for Silicon Valley Power at
power plants and to extend the term through
December 31, 2023, with no change to the
maximum compensation of $900,000; and
2. Authorize the City Manager to make minor changes
to the attached proposed amendment subject to
review and approval as to form by the City Attorney.
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Council and Authorities Concurrent Meeting Agenda August 29, 2023
Meeting
3.E 23-109 Action on Amendment No. 4 to the Silicon Valley Power
Agreement with Advanced Chemical Transport, Inc. to Increase
the Maximum Compensation by $340,000 for a Revised
Maximum Compensation Amount of $2,140,000 to Cover
Outstanding Invoices to be Funded by the Electric Utility
Operating Budget - Compliance
Recommendation: 1. Authorize the City Manager to execute Amendment
No. 4 to the Agreement for Services with Advanced
Chemical Transport, Inc., increasing the maximum
compensation by $340,000 for a new maximum
compensation of $2,140,000; and
2. Authorize the City Manager to make minor changes
to the proposed Amendment No. 4, subject to the
review and approval as to form by the City Attorney.
3.F 23-111 Action to Authorize the Use of City Electric Forces for New Dark
Fiber Installations at Various Locations
Recommendation: 1. Determine the proposed action is exempt from
CEQA pursuant to Sections 15302(c) (Class 2 -
Replacement or Reconstruction) and 15303 (Class
3 - New Construction or Conversion of Small
Structures) of Title 14 of the California Code of
Regulations; and
2. Declare and determine in accordance with Section
1310 of the City Charter that the public works
located at Serra Tank Farm & SCVWD (W&S
SCADA) and Northside Tank & Import#2 (W&S
SCADA) are better performed by the City with its
own employees based on the information set forth
in this Report to Council.
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3.G 23-114 Action Authorizing the Use of City Electric Forces at Various
Locations
Recommendation:
1. Determine the proposed action is exempt from
CEQA pursuant to Sections 15302(c) (Class 2 -
Replacement or Reconstruction) and 15303 (Class
3 - New Construction or Conversion of Small
Structures) of Title 14 of the California Code of
Regulations; and
2. Declare and determine in accordance with Section
1310 of the City Charter that the public works
located at 3175 De La Cruz Boulevard, 3060
Raymond Street and 3402 El Camino Real are
better performed by the City with its own employees
based on the information set forth in this Report to
Council and authorize the performance of these
public works consistent with this authorization.
3.H 23-115 Action on a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program for the Silicon Valley Power
Kifer Battery Energy Storage System Project and Action to
Delegate Authority to the City Manager to Negotiate and
Execute an Interconnection Agreement with Kifer Energy
Storage, LLC
Recommendation: 1. Adopt a Resolution adopting the Mitigated
Negative Declaration and Mitigation Monitoring and
Reporting Program for the Kifer Battery Energy
Storage System Project;
2. Authorize City Manager to negotiate, approve, and
execute an Interconnection Agreement for
Generating or Storage Facilities with Kifer Energy
Storage, LLC, based on the draft attached hereto
and any necessary or advisable amendments,
subject to the review and approval as to form by the
City Attorney; and
3. Authorize City Manager, or designee, to take any
necessary or advisable actions to implement and
administer the Interconnection Agreement with Kifer
Energy Storage, LLC.
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Council and Authorities Concurrent Meeting Agenda August 29, 2023
Meeting
3.I 23-887 Action on a Resolution Memorializing the Historical Calculation
of Uniform Allowance and Holiday Pay for the Santa Clara
Police Officers Association (Unit 2) from 2010 to 2021 Pursuant
to CalPERS Request
Recommendation: Adopt a Resolution Memorializing the Historical
Calculation of Uniform Allowance and Holiday Pay for
the Santa Clara Police Officers Association (Unit 2)
from 2010 to 2021
3.J 23-917 Adopt a Resolution Accepting the California Department of
Alcoholic Beverage Control Grant and Authorizing the City
Manager to Execute Grant Related Documents, and Approve
the Related Budget Amendment
Recommendation: 1. Adopt the Resolution accepting the California
Department of Alcoholic Beverage Control Grant
to be utilized to fund a variety of overtime
assignments to curb alcohol-related challenges in
our community, and authorizing the City Manager
to execute all grant-related documents; and
2. Approve the FY 2023/24 budget amendment in the
Police Operating Grant Trust Fund to recognize
grant funding in the amount of $75,068 and
establish an Alcohol Policing Grant Partnership
Grant appropriation in the amount of $75,068
(five affirmative Council votes required to
appropriate additional revenue)
3.K 23-919 Action on a Request for a Special Permit to Allow for Seasonal
Pumpkin Patch and Christmas Tree Sales Events at 2610 El
Camino Real from September 16, 2023 through December 24,
2023
Recommendation: 1. Determine the issuance of the Special Permit
to be categorically exempt from formal
environmental review pursuant to CEQA
Guidelines section 15304(e) (Class 4 - “Minor
Alterations to Land”); and
2. Approve the request of a Special Permit to
allow for seasonal Pumpkin Patch and
Christmas Tree sales events at 2610 El
Camino Real from September 16, 2023
through December 24, 2023, subject to
conditions.
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3.L 23-960 Action on a Request for a Special Permit to Allow Seasonal
Pumpkin Patch and Christmas Tree Sales Events at 3590
Benton Street from October 1, 2023 through December 24,
2023
Recommendation: 1. Determine the issuance of the Special Permit
to be categorically exempt from formal
environmental review pursuant to CEQA
Guidelines section 15304(e) (Class 4 - “Minor
Alterations to Land”); and
2. Approve the request of a Special Permit to
allow for a seasonal Pumpkin Patch and
Christmas Tree sales events at 3590 Benton
Street from October 1, 2023 through
December 24, 2023, subject to conditions.
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Council and Authorities Concurrent Meeting Agenda August 29, 2023
Meeting
3.M 23-1002 Action to Unfreeze 1.0 Assistant City Manager position (Position
1685) in the City Manager’s Office, Approve Related City and
Stadium Authority Budget Amendments, and Modify the
Assistant City Manager Classification Specification (Job Code
016)
Recommendation: 1. Approve Unfreezing 1.0 Assistant City Manager
position (position 1685) in the City Manager’s Office.
2. Approve the following FY 2023/24 City Budget
Amendments:
a. In the General Fund, increase the Other
Fees for Services estimate by $347,900,
increase the Non-Departmental Salaries and
Benefits appropriations by $347,900, increase
the City Manager’s Office Salaries and
Benefits appropriations by $49,700, and
reduce the Budget Balancing Reserve in the
amount of $49,700 (five affirmative Council
votes required to appropriate additional
revenue and for the use of unused
balances); and
b. In the Convention Center Enterprise Fund,
increase the Salaries and Benefits
appropriations by $99,400 and reduce the
unrestricted ending fund balance by $99,400
(five affirmative Council votes required for
the use of unused balances).
3. Approve a FY 2023/24 Stadium Authority Budget
Amendment to increase the General & Administrative
expense and decrease the Unrestricted Fund Balance
in the amount of $347,900 to fund a portion of the
Assistant City Manager position.
4. Approve the modified Assistant City Manager (Job
Code 016) classification specification.
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
4.A 23-798 Informational Report on Stadium Authority and Stadium
Manager Meetings for the Period of April 1 to June 30, 2023
Recommendation: Note and file the quarterly report on Stadium Authority
and Stadium Manager staff meetings and
corresponding summaries for the period of April 1 to
June 30, 2023.
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4.B 23-996 Action on Stadium Manager’s Request to Award Purchase
Order to LRG Technologies, Inc. DBA Mobile Pro Systems for
Mobile Pro Falcon 3100 Trailers (Mobile Security Closed Circuit
Television (CCTV) Pop Up Trailers CapEx Project)
Recommendation:
Approve the Stadium Manager’s request to award a
one-time purchase order to Mobile Pro in the amount
of $389,982 to purchase six Mobile Pro Falcon 3100
trailers (Mobile Security CCTV Pop Up Trailers
CapEx Project).
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
5. 23-924 Public Hearing: Actions on a Mitigated Negative Declaration
(MND) and Mitigation Monitoring and Reporting Program
(MMRP), General Plan Amendment from Neighborhood
Mixed-Use to Very High Density Residential, and a Rezone from
Neighborhood Commercial to Planned Development to Allow the
Development of a Four-Story Mixed-Use Development with 39
Residential Housing Units, and 1,500 Square Feet of Ground
Floor Commercial Space for the Property Located at 2655 The
Alameda
Recommendation: Alternatives: 1, 2, and 3.
1. Adopt a resolution to adopt the Mitigated
Negative Declaration and the Mitigation
Monitoring and Reporting Program for the
2655 The Alameda Mixed Use Project.
2. Adopt a resolution to approve a General Plan
Amendment from Neighborhood Mixed Use to
Very High Density Residential.
3. Adopt a resolution to approve a Rezone from
Neighborhood Commercial (CN) to Planned
Development (PD).
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6. 23-767 Action on Resolutions Approving an Installment Sale Financing
and Authorizing the Execution, Delivery and Sale of Wastewater
Revenue Certificates of Participation and related Agreements in
a Principal Amount not to Exceed $38 million to Finance and
Refinance Capital Costs of the San José-Santa Clara Regional
Wastewater Facility; and Approval of the Related Budget
Amendment
Recommendation: Alternative 1
City Council Actions
1. That the City Council by Resolution:
a) Authorize the financing and refinancing plan
for capital costs of the San José-Santa Clara
Regional Wastewater Facility set forth in the
Resolution;
b) Authorize and approve (i) the Installment
Sale Agreement between the City and the
Corporation; (ii) the Trust Agreement among
the City, Corporation, and the Trustee, in
substantially the form attached hereto;
c) Approve the execution and delivery of the
Certificates, subject to the maximum principal
amount, true interest cost and underwriting
discount set forth in the Resolution;
d) Approve the sale of the Certificates by
competitive sale pursuant to the Official Notice
of Sale relating to the Certificates in
substantially attached hereto, or, by negotiated
sale pursuant to the Purchase Contract in
substantially the form attached hereto;
e) Approve the Preliminary Official Statement,
in substantially the form attached hereto, with
such changes as may be approved by an
authorized officer, and approve the execution
and delivery of the Continuing Disclosure
Certificate in the form attached as an appendix
to the Preliminary Official Statement;
f) Authorize the designated authorized officers
to execute all required agreements necessary
to consummate any of the transactions
contemplated by the agreements and
documents approved under the Resolution and
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to make any minor non-substantive or routine
changes to complete the financing transaction;
and
g) Authorize certain other related actions in
support of or related to the financing set forth in
the Resolution;
2. That the City Council by Separate Resolution:
Authorize and approve the Amendment to the Trimble
Road Installment Sale Agreement between the City
and the Corporation in substantially the form attached
hereto with such changes as may be approved by an
authorized officer; and
3. That the City Council by Motion: (a) Approve the FY
2023/24 budget amendment in the Sewer Utility Debt
Service Fund to increase the bond proceeds estimate
in the amount of $5,000,000, decrease the debt
repayment in the amount of $1,506,135, and increase
the unrestricted ending fund balance in the amount of
$6,506,135; and (b) Require any and all of the above
agreements approved by resolution be subject to the
review and approval as to form by the City Attorney.
City of Santa Clara Public Facilities Financing
Corporation Actions
1. That the City Council, Acting as Board of Directors
of the Corporation, by Resolution:
a) Authorize the financing and refinancing plan
for capital costs of the San José-Santa Clara
Regional Wastewater Facility as set forth in the
Resolution;
b) Authorize and approve (i) the Installment
Sale Agreement between the City and the
Corporation; (ii) the Trust Agreement among
the City, Corporation, and the Trustee, in
substantially the form attached hereto;
c) Approve the execution and delivery of the
Certificates, subject to the maximum principal
amount, true interest cost and underwriting
discount set forth in the Resolution;
d) Authorize the designated authorized officers
to execute all required agreements necessary
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to consummate any of the transactions
contemplated by the agreements and
documents approved under the Resolution and
to make any minor non-substantive or routine
changes to complete the financing transaction;
and
e) Authorize certain other related actions
consistent with the financing as set forth in the
Corporation’s Authorizing Resolution;
2. That the City Council, Acting as Board of Directors
of the Corporation, by Separate Resolution authorize
and approve the Amendment to the Trimble Road
Installment Sale Agreement between the City and the
Corporation in substantially the form attached hereto
with such changes as may be approved by an
authorized officer; and
3. That the City Council, Acting as Board of Directors
of the Corporation, by Motion require any and all of the
above agreements approved by resolution be subject
to the review and approval as to form by the City
Attorney.
7. 23-1072 Action on Appointment of a Primary Member and an Alternate
Member to the Stevens Creek Corridor Steering Committee -
Deferred from August 22, 2023
Recommendation: Council take action to appoint a primary member and
an alternate member to the Stevens Creek Corridor
Steering Committee.
8. 23-897 Direction to Staff on the Revised El Camino Real Specific Plan
Land Use Plan
Recommendation: 1. Direct staff to continue planning work with the draft
Land Use Plan as proposed.
9. 23-856 Action on Membership for the El Camino Real Specific Plan
Community Advisory Committee
Recommendation: 1. Direct staff to continue with the current CAC.
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
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ADJOURNMENT
The next regular scheduled meeting is on Tuesday, September 11, 2023 in the City Hall
Council Chambers.
MEETING DISCLOSURES
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Council and Authorities Concurrent Meeting Agenda August 29, 2023
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.
STREAMING SERVICES: 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.
Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be
disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.
AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing
Authority are entitled to receive $30 for each attended meeting.
Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken
should be considered actions of only the identified policy body.
LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA);
Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement
Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council
Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours
prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by
contacting the City Clerk’s Office at (408) 615-2220, email 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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