CITY COUNCIL MEETING
AGENDA
7:00 PM - Tuesday, August 22, 2023
via Videoconference and In Person
Please Note: The City Council will meet in person as well as via Telephone/Video Conference Telephone: 1-669-444-9171 / Webinar ID: 891 5406 1574
https://losaltosca-gov.zoom.us/j/89154061574?pwd=eUw4QTJQVUxjU25WVDZDM0VFNDQrdz09 Passcode: 625354
TO PARTICIPATE IN-PERSON: Members of the public may also participate in person by being present at the Los Altos Council Chamber at Los Altos City Hall located at 1 N. San Antonio Rd, Los Altos, CA.
TO PARTICIPATE VIA VIDEO: Follow the link above. Members of the public will need to have a working microphone on their device and must have the latest version of ZOOM installed (available at https://zoom.us/download). To request to speak, please use the “Raise hand” feature located at the bottom of the screen.
TO PARTICPATE VIA TELEPHONE: Members of the public may also participate via telephone by calling the number listed above. To request to speak, press *9 on your telephone.
TO SUBMIT WRITTEN COMMENTS: Prior to the meeting, comments on matters listed on the agenda may be emailed to [email protected]. Emails sent to this email address are sent to/received immediately by the City Council. Please include a subject line in the following format:
PUBLIC COMMENT AGENDA ITEM ## - MEETING DATE
Correspondence submitted in hard copy/paper must be received by 2:00 PM on the day of the meeting to ensure distribution prior to the meeting. Correspondence received prior to the meeting will be included in the public record. .
Public testimony will be taken at the direction of the Mayor, and members of the public may only comment during times allotted for public comments.
AGENDA
08-22-23 Regular Meeting Public Comments
CALL MEETING TO ORDER
ESTABLISH QUORUM
PLEDGE ALLEGIANCE TO THE FLAG
1 8/22/2023 CITY COUNCIL MEETING AGENDA Page 2 of 4
REPORT ON CLOSED SESSION
CHANGES TO THE ORDER OF THE AGENDA
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Members of the audience may bring to the Council's attention any item that is not on the agenda. Speakers are generally given two or three minutes, at the discretion of the Mayor. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during the Public Comment Period. According to State Law (also known as “The Brown Act”) items must first be noted on the agenda before any discussion or action.
SPECIAL ITEMS
Receive presentation from MidPeninsula Regional Open Space District Issue Proclamation Recognizing Public Works Director Jim Sandoval's Contributions to the City of Los Altos
CONSENT CALENDAR
These items will be considered by one motion unless any member of the Council or audience wishes to remove an item for discussion. Any item removed from the Consent Calendar for discussion will be handled at the discretion of the Mayor.
1. Approve meeting minutes for the Regular Meeting of July 11, 2023
2. Treasurer’s Report – Month Ended April 30, 2023 and Month Ended May 31, 2023
3. Approve Appointment of Councilmember Neysa Fligor as Council Liaison to the Parks, Arts, Recreation, and Cultural Commission
4. Approve appointment of Mayor Sally Meadows and Councilmember Neysa Fligor to attend Multi-Jurisdictional Meetings on the Stanford Community Plan
5. Receive the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Annual Report (FY23-Year 2)
6. Adopt a Resolution accepting completion of the On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services for FY 22/23 and authorized the Public Works Director to record a Notice of Completion as required by law
7. Authorize the City Manager to execute the proposed License Agreement with Los Altos Grill for the use of City’s Parking Plaza to meet its parking demand as required in the Los Altos Municipal Code
8. Adopt a Resolution to approve the Fiscal Year 2023/24 Salary Schedule to Comply with California Public Employees’ Retirement System (CalPERS) Statutory and Regulatory Requirements for Compensation Earnable and Publicly Available Salary Schedules 2 8/22/2023 CITY COUNCIL MEETING AGENDA Page 3 of 4
9. Direct the City Manager to sign a new contract with the Los Altos History Museum in the initial amount of $120,000 annually for five years
PUBLIC HEARINGS
10. Introduce and Waive further reading of Zoning Ordinance Text Amendments implementing programs identified in the adopted housing element, Program 4.C Allow Low Barrier Navigation Centers consistent with AB 101, Program 4.D Allow transitional and supportive housing consistent with State law, Program 4. E Allow employee/farmworker housing consistent with State law, Program 4.F Reasonably accommodate disabled persons’ housing needs. The proposed amendments are exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment
DISCUSSION ITEMS
11. Introduce and Waive Further Reading of an Ordinance of the City Council of the City of Los Altos Adding Chapter 12.72 Penalty for Expired Permits and amending Chapter 12.08 and 12.10 of the Los Altos Municipal Code and find that this action is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the State Guidelines Implementing the California Environmental Quality Act of 1970
12. Introduce and Waive Further Reading of an Ordinance of the City Council of the City of Los Altos Adding Chapter 11.14 Mechanical Equipment to Title 11 Miscellaneous Property Regulations of the Los Altos Municipal Code and find that this action is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the State Guidelines Implementing the California Environmental Quality Act of 1970
13. Review guidelines for the authorization and administration of public funds for travel expenses and reimbursements for official City business as they apply to elected City officials, including the Mayor, Vice Mayor, and Council members
14. Request From the Town of Los Altos Hills to Engage in Discussions for Future Law Enforcement Services Provided by the City of Los Altos
INFORMATIONAL ITEMS ONLY
15. Tentative Council Calendar and Housing Element Update Calendar
16. Housing Element Status Update
17. Update from CHAC to JPA Partners
COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS
ADJOURNMENT
(Council Norms: It will be the custom to have a recess at approximately 9:00 p.m. Prior to the recess, the Mayor shall announce whether any items will be carried over to the next meeting. The 3 8/22/2023 CITY COUNCIL MEETING AGENDA Page 4 of 4
established hour after which no new items will be started is 11:00 p.m. Remaining items, however, may be considered by consensus of the Council.)
SPECIAL NOTICES TO THE PUBLIC
In compliance with the Americans with Disabilities Act, the City of Los Altos will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (650) 947-2610.
Agendas Staff Reports and some associated documents for City Council items may be viewed on the Internet at http://www.losaltosca.gov/citycouncil/online/index.html.
All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, and that are distributed to a majority of the legislative body, will be available for public inspection at the Office of the City Clerk’s Office, City of Los Altos, located at One North San Antonio Road, Los Altos, California at the same time that the public records are distributed or made available to the legislative body.
If you wish to provide written materials, please provide the City Clerk with 10 copies of any document that you would like to submit to the City Council for the public record. 4 1
Melissa Thurman
From: Kuljeet Kalkat <[email protected]>
Sent: Tuesday, August 22, 2023 3:24 PM
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM 9 CONSENT CALENDAR - MEETING DATE 8/22/23 Dear Council members and City Manager,
I am writing to you as a member of the board of Directors of the Los Altos History Museum.
First of all I want to thank you and commend you for considering funding some of the operational expenses of our Museum. I realize it is a very small amount of our City's total budget but it is a significant portion of the Museum's budget. Without these funds, we would have serious difficulty in running the Los Altos History Museum. We have great support from the residents and they would rally to help their beloved institution, if the need arose; but a public contribution to the Museum is a validation of the very public nature of the service this museum provides.
The Los Altos History Museum was chartered by the City and handed over to a non-profit many years ago and since then it has fulfilled its promise to preserve and curate our local history. In addition it has become a part of the social fabric of our city with all the on-going events the Museum hosts. From school children to seniors, we see lots of enthusiasm for the Museum among our residents and their volunteer activities heavily subsidize our expenses. Hence our operating expenses are a lot less than if the City ran the Historical Museum and all the events itself.
Lastly, I wanted to let you know that as a board member I can attest to the transparent, judicious and frugal use of these funds at the museum. Our books are public and the City is welcome to review or audit them at will.
I hope you will approve this 5 year commitment to contribute to the museum and I hope we are able to keep the Museum going for at least another 50 years!
Thank you.
-Kuljeet Kalkat
Member of the Executive Committee of the Board
Los Altos History Museum
ITEM 9
5 1
Melissa Thurman
From: Harry Guy <[email protected]>
Sent: Tuesday, August 22, 2023 3:25 PM
To: Public Comment
Subject: Public Comment Agenda Item 12 Mechanical Equipment - 08/22/2023 My sincere thanks to Staff for their concerted efforts to craft concise code language for Mechanical Equipment. Unfortunately, the current proposed wording does not provide workable solutions for our many Los Altos small lots, for example, 50ft wide lots. The distance between houses for these lots is 10ft, generally with a shared good neighbor fence along the property line at 5ft to each house. The proposed minimum setback of 5ft completely eliminates any mechanical equipment on the side of these homes, even a relatively quiet and thin exterior, wall-mounted demand water heater. Mountain View has apparently addressed this issue by adopting a 3ft minimum side setback. I would encourage Council to ask Staff to take another look at the unique adverse constraints this ordinance will have on small lots, before it is finally approved.
A closely related code is the Noise Control Ordinance, Chapter 6.16. This ordinance needs to be updated, particularly to be more flexible and encouraging for residents to install standby generators. The currently available generators cannot meet the requirements of Chapter 6.16, however they operate very infrequently, monthly for testing, or when the home loses grid power. The enforcement of the current code basically allows only solar with batteries, which is high cost to many older homeowners who need backup power now more than ever. In 2020 and 2021, some of us saw how many of the jurisdictions in Northern CA had modified their noise ordinances for increased flexibility for homeowners to install standby generators. Many of the jurisdictions in Marin and elsewhere have made these accommodations, and we provided that information to City staff with examples and requested that staff consider the need for changes in the noise ordinance for emergency generators. To our knowledge, no action has been taken on this important topic; I respectfully ask Council to request staff to reassess the noise ordinance.
Sincerely,
Harry
Harry Guy - Los Altos resident and emergency volunteer leader ITEM 12
6 CITY OF LOS ALTOS
CITY COUNCIL MEETING MINUTES
TUESDAY, JULY 11, 2023
7:00 p.m.
1 N. San Antonio Rd. ~ Los Altos, CA
Sally Meadows, Mayor
Jonathan Weinberg, Vice Mayor
Pete Dailey, Councilmember
Neysa Fligor, Councilmember
Lynette Lee Eng, Councilmember
CALL MEETING TO ORDER – Sally Meadows, Mayor, called the meeting to order at 7:00 p.m.
ESTABLISH QUORUM – All Councilmembers were present and in person.
PLEDGE ALLEGIANCE TO THE FLAG – Sally Meadows, Mayor, led the Pledge of Allegiance.
REPORT ON CLOSED SESSION – There was no reportable action for the Closed Session meeting of July 11, 2023.
CHANGES TO THE ORDER OF THE AGENDA
Sally Meadows, Mayor, changed the order of the Discussion Items as follows:
Item 10
Item 12
Item 14
Item 11
Item 13
Motion by Meadows and Seconded by Fligor to accept the changes to the order of the agenda.
Motion carried unanimously by roll call vote.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
There were no speakers during Public Comment.
SPECIAL ITEMS
Recognition of Los Altos Employee Award Recipients
Irene Silipin, Human Resources Director, announced Los Altos employees who recently received recognition for their services and showed a brief video of the Employee Recognition Event held earlier in the month for city staff.
Proclamation Recognizing 2023 as the 30-Year Anniversary of the Friends of Stevens Creek Trail
Sally Meadows, Mayor, presented the proclamation to Friends of Stevens Creek Trail members.
CONSENT CALENDAR
The following members of the public spoke regarding items on the Consent Calendar:
Eric Muller (Item 7) Teresa Morris (Item 8)
Don Bray (Item 7) Stacy Banerjee (Item 8)
Don Weiden (Item 7) John McKenna (Item 7)
7 Agenda Item # 1.
City of Los Altos
City Council Regular Meeting Minutes
July 11, 2023
Gary Hedden (Item 7) Bruce Naegel (Item 7)
Eric Steinle (Item 8) Dashiell Leeds (Item 7)
Teresa Morris (Item 3) Roberta Phillips (Item 1)
Pete Dailey, Councilmember asked to pull Item 7 for further discussion.
Jonathan Weinberg, Vice Mayor, requested to pull Item 7 and 8 for further discussion.
Lynette Lee Eng, Councilmember, requested to pull Items 1 and 9 for further discussion.
Sally Meadows, Mayor, moved Items 7 and 9 to the Discussion Item section of the agenda.
Motion by Weinberg and Seconded by Fligor to approve the Consent Calendar, excluding Items 7, 8 and 9. Motion carried unanimously by roll call vote.
Motion by Weinberg and Seconded by Dailey to approve Item 9. Motion carried 4-1 with Councilmember Lee Eng opposed, by roll call vote.
Sally Meadows, Mayor, moved Item 7 after Item 10 of the Discussion
1. Approve the Regular Meeting Minutes of June 27, 2023
2. Adopt a Resolution accepting completion of the Sanitary Sewer Video Inspection, Project WW-0101121; and authorize the Environmental Services and Utilities Department Director to record a Notice of Completion as required by law
3. Adopt a resolution to authorize the City Manager to execute Amendment No. 3 to the EOC Design Agreement between the City of Los Altos and Noll & Tam Architects and Planners in an amount not to exceed $75,583 to evaluate an upsized generator sized for the whole Los Altos Community Center and some capacity for Los Altos Youth Center Office Conversion Project. (M. Loatfi)
4. Adopt a resolution to authorize the City Manager to execute Amendment No. 1 to the August 31, 2021, Plan Review Services Agreement between the City of Los Altos and TRB + Associates to provide as-needed civil, grading, and drainage engineering services that encompass plan review and construction inspection for private developments in Los Altos
5. Adopt a resolution to authorize the City Manager to execute an Agreement between the City of Los Altos and Silicon Valley Clean Energy to accept a Community Resilience Program Grant
6. Adopt an Ordinance of the City Council of the City of Los Altos Adding Chapter 11.15 to Title 11 Miscellaneous Property Regulations of the Los Altos Municipal Code Creating a Standalone Chapter for Leaf Blower Regulations and find that this action is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the State Guidelines Implementing the California Environmental Quality Act of 1970
9. Review and Authorize the Mayor to Sign Letters of Support for SB4 (Wiener) and SB423 (Wiener)
DISCUSSION ITEMS
10. Approve the updated Los Altos Police Department ALPR policy #462 8 Agenda Item # 1.
City of Los Altos
City Council Regular Meeting Minutes
July 11, 2023
Jonathan Weinberg, Vice Mayor, announced that on July 10, 2023, he received a formal letter from the Fair Political Practices Commission (FPPC), that explained that he did not have a conflict of interest regarding license plate readers in Los Altos, and as such, he would be able to discuss and vote on the subject with the other City Council members. A copy of the letter is on file with the City Clerk’s office.
Angela Averiett, Police Chief, presented the report.
The City Council took a recess at 8:36 p.m.
The City Council reconvened at 8:41 p.m.
The following members of the public spoke regarding the item:
Teresa Morris
Stacy Banerjee
The Council provided the following amendments to the policy:
Add language to Section 462.8(d):
“or any local, state or federal agency for purposes that violates this policy or any federal regulation or California law or to track persons seeking reproductive or gender-affirming healthcare.” Add language to Section 462.8(a):
“The agency asking to use our data must sign a written affirmation that the data they collect must be destroyed within 30 days of its having been gathered, unless it is being preserved, or as otherwise used in this policy.”
Add language to Section 462.8:
“In the event of a data breach, Flock Safety is to notify the Police Department within 24 hours of the data breach.”
Staff to find a place in the policy for the following:
“If Federal law is changed, suspension of use of system while reviewing changes of Federal laws, compelling the release of data contrary with this policy…” (Staff to insert remaining language) Add language to 462.6 (Second paragraph):
“Any purging of data must ensure that the data is completely purged and sanitized and accessible, including, but not limited to, forensically.”
Add further language to Section 462.11:
“Placement of the cameras shall not be solely based on targeting any particular residential neighborhood, street “and shall never be based solely on protected characteristics or class.” Motion by Lee Eng and Seconded by Meadows to approve the updated Los Altos Police Department ALPR Policy #462, as amended. Motion carried unanimously by roll call vote.
7. Adoption of an Ordinance of the City Council of the City of Los Altos Adding Chapter
11.14 Mechanical Equipment to Title 11 Miscellaneous Property Regulations of the Los 9 Agenda Item # 1.
City of Los Altos
City Council Regular Meeting Minutes
July 11, 2023
Altos Municipal Code and find that this action is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the State Guidelines Implementing the California Environmental Quality Act of 1970
Pete Dailey, Councilmember, opened a discussion regarding the item.
The City Council provided the following amendments to the proposed ordinance:
Change the setback from 10’ to 5’
Remove language pertaining to specific mechanical equipment appurtenances that was previously added during the meeting of June 27, 2023
Motion by Dailey and Seconded by to change the setback to 5’. Friendly Amendment by Meadows to remove language pertaining to specific mechanical equipment appurtenances that had been previously added during the meeting of June 27, 2023. Motion, with the Friendly Amendment, carried 3-2 with Councilmembers Fligor and Lee Eng opposed, by roll call vote.
The City Council took a recess at 10:05 p.m.
The City Council reconvened at 10:17 p.m.
12. Designate a Voting Representative Delegate and Alternate to Vote on Proposed Resolutions at the CalCities 2023 Annual Conference in Sacramento, CA on September 22, 2023
Sally Meadows, Mayor, opened the item for discussion.
The following City Councilmembers are attending the 2023 Annual Conference in Sacramento, CA:
Sally Meadows
Neysa Fligor
Lynette Lee Eng
The City Council nominated Sally Meadows as the Voting Representative Delegate, Neysa Fligor as the First Alternate and Lynette Lee Eng as the Second Alternate for the CalCities 2023 Annual Conference in Sacramento, CA on September 22, 2023.
Motion by Meadows and Seconded by Dailey to approve the nominations as listed above.
Motion carried unanimously by roll call vote.
14. Discussion Regarding a Council Travel Policy
Sally Meadows, Mayor, opened the item for discussion.
The following member of the public spoke regarding the item:
Roberta Phillips
10 Agenda Item # 1.
City of Los Altos
City Council Regular Meeting Minutes
July 11, 2023
The City Council provided the following direction to staff:
If a Councilmember would like a representative to attend a non-CalCities conference, that Councilmember shall present their request during a meeting for discussion. During that meeting, the Council will either designate a member to attend, or will deny the request. The city should only pay for hotel rooms for the specified days of the conference. Extra nights of stay should be paid for by the Councilmember requesting the additional stay. To identify a budget, staff should add the costs of registration and hotel for all five Councilmembers to attend two CalCities conferences per year, and the costs of registration and hotel for two members to attend one national conference per year.
Discussion item only. No motion taken.
8. Adopt changes to the City of Los Altos Commission Handbook Jonathan Weinberg, Vice Mayor and Neysa Fligor, Councilmember, explained why they pulled the item from the Consent Calendar for further discussion.
The City Council provided the following amendments to the Handbook:
Place the Commission meeting schedule table on the city website to allow for updates to meeting schedules to be made immediately rather than waiting for an update to the Handbook.
Remove the sentence on Page 4 of the Handbook: “A commission may request modifications to the work plan once a quarter for consideration of the City Council.” Change the language on Page 2 of the Handbook from “shall be” to “may be”: “Requests by a commission or commissioner for assistance in completing research or analysis for the benefit of a commission may be directed towards the Department Head which oversees the assigned Staff Liaison.”
Add language on Page 6 of the Handbook “if possible” : If a Commissioner must miss a meeting they shall inform the staff liaison a minimum of two weeks’ notice prior to the regularly-scheduled commission meeting, if possible.”
Motion by Fligor and Seconded by Meadows to adopt the changes to the City of Los Altos Commission Handbook, as amended. Motion carried unanimously by roll call vote.
11. Receive an update on contracted use of café space in the Los Altos Community Center Gabriel Engeland, City Manager and Manny Hernandez, Parks and Recreation Director, presented the update.
The following member of the public spoke regarding the item:
Kathleen Foley-Hughes
Council provided the following direction:
Do not limit the type of service provider.
Direct Staff to determine the appropriate vendor based on Council direction and discussion.
Discussion item only. No motion taken.
11 Agenda Item # 1.
City of Los Altos
City Council Regular Meeting Minutes
July 11, 2023
13. Discussion on the Allen Bill and the School District Lynette Lee Eng, Councilmember, opened a discussion regarding the item.
There were no speakers regarding the item.
The City Council authorized Council representatives of the 2x2 committee with the School District to add this item to a future agenda for discussion.
INFORMATIONAL ITEMS ONLY
15. Tentative Council Calendar and Housing Element Update Calendar
COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS Neysa Fligor, Councilmember, requested the following future agenda items:
o Invitation to Silicon Valley Clean Energy to present an update to the City Council regarding future planning after recent legislation (No second) o Pete Dailey, Councilmember, recommended that staff provide a Closed Session meeting to present an update regarding future planning after recent legislation (Staff would discuss with the City Attorney and report back to Council at a later date regarding this request)
ADJOURNMENT – The meeting adjourned at 12:16 a.m. on July 12, 2023.
The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting of August 22, 2023.
_________________________________ __________________________________ Sally Meadows, Melissa Thurman, MMC
Mayor City Clerk
The July 11, 2023 City Council meeting recording may be viewed via the following external website: https://www.youtube.com/@CityofLosAltosCA
The City of Los Altos does not own or operate YouTube, and the videos referenced on these minutes were live at the time the minutes were published.
12 Agenda Item # 1.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JD
AGENDA REPORT SUMMARY
Meeting Date: August 22, 2023
Subject Treasurer’s Report – Month Ended April 30, 2023 and Month Ended May 31, 2023 Prepared by: Minh Nguyen, Senior Accountant
Reviewed by: June Du, Finance Director
Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Change in Total Fund Balances by Fund
2. Cash Balances by Fund
Initiated by:
Staff.
Fiscal Impact:
None
Environmental Review:
Not applicable
Policy Question(s) for Council Consideration:
None
Summary:
As indicated in the City’s response to the 2022 Civil Grand Jury Report, the City is providing this report as desired by the Grand Jury. The following attachment provides various financial transaction data for the City of Los Altos for the month of April 30, 2023 and for the month of May 31, 2023.
Staff Recommendation:
Receive and accept the Treasurer’s Report for April 01, 2023 through May 31, 2023. 13 Agenda Item # 2.
FUND
Estimated Ending
Balance 03/31/2023 Revenue Expenditures
Capital
Expenditures
Transfer
In/(Out)
Estimated Ending
Balance 04/30/2023 Revenue Expenditures
Capital
Expenditures
Transfer
In/(Out)
Estimated Ending
Balance 05/31/2023
RESERVE FUND
Grant Reimbusement Fund 290,145 290,145 33,918 324,063
Fiscal Policy Reserve 8,757,349 8,757,349 8,757,349
Vets Memorial 8,615 8,615 8,615
General Fund 9,872,914 11,067,276 (3,087,642) 17,852,549 2,051,397 (3,135,208) 16,768,738 Total General Fund: 18,929,024 11,067,276 (3,087,642) - - 26,908,658 2,085,315 (3,135,208) - - 25,858,766
ENTERPRISE FUNDS
Sewer Fund (1)
26,262,307 461,535 (194,187) (600,160) 25,929,496 (173,600) (61,599) 25,694,296 Solid Waste Fund 4,851,806 237,209 (106,075) 4,982,940 76,654 (69,265) 4,990,329 Storm Drain Fund - - -
Total Enterprise Funds: 31,114,113 698,744 (300,262) (600,160) - 30,912,436 76,654 (242,866) (61,599) - 30,684,625
CAPITAL IMPROVEMENT FUNDS
Capital Projects Fund 9,553,510 (1,830,085) 7,723,426 (2,934,855) 4,788,571 Equipment Replacement Fund 753,610 (79,955) 673,655 (38,880) - 634,775 Total Capital Improvement Funds: 10,307,120 - - (1,910,040) - 8,397,080 - (38,880) (2,934,855) - 5,423,346
INTERNAL SERVICE FUNDS
PERS & OPEB Reserve 551,314 551,314 551,314
Technology Reserve 1,290,145 6,799 1,296,944 125,579 1,422,523 Dental/Vision Fund (309,438) (17,260) (326,698) (25,981) (352,678) Unemployment Fund 96,698 96,698 96,698
Workers Compensation Fund 1,866,584 (9,050) 1,857,534 (10,745) 1,846,789 Total Internal Service Funds: 3,495,303 6,799 (26,311) - - 3,475,792 125,579 (36,725) - - 3,564,646
SPECIAL REVENUE FUNDS
Road Maintenance (SB1) 807,821 290,657 1,098,478 51,885 1,150,362 CDBG Fund - - -
Grants Fund-ARP Act - - -
Downtown Parking Fund 950,886 10,880 961,767 2,100 963,867 Estate Donation Fund 18,191 160 18,351 18,351
Gas Tax Fund 2,456,550 426,352 2,882,902 47,428 2,930,330 Prop 1B Road Maintenance 130 130 130
Measure B 436,933 744 (435,988) 1,690 1,690
In Lieu Park Fund 8,121,824 155,645 8,277,470 8,277,470 Supplemental Law Enforcement Fund 222,563 29,462 252,025 20,538 272,564 TDA Fund 88,358 242 88,600 88,600
Traffic Impact Fee Fund (197,728) 6,774 (190,954) (190,954) Vehicle Registration Fund 1,374,181 10,862 1,385,042 1,385,042 PEG Fees 227,378 2,005 229,383 25,845 255,227
Public Art Fund 512,627 512,627 512,627
Storm Drain Deposits 56,086 56,086 56,086
AB-1379 CASP Fee 8,986 497 9,483 1,001 10,484
Vehicle Impound Fund 2,410 627 3,037 1,254 4,291
Total Special Revenue Funds: 15,087,195 934,907 - - (435,988) 15,586,114 150,051 - - - 15,736,165
DEBT SERVICE FUND
General Obligation Bond 524,493 4,337 528,829 (155,938) 372,892 Community Center Lease 517,977 517,977 517,977
Total Debt Service Fund: 1,042,470 4,337 - - - 1,046,806 - (155,938) - - 890,869
AGENCY FUND
Blue Oaks Line Sewer 68,750 1,270 70,020 70,020
Total Debt Service Fund: 68,750 1,270 - - - 70,020 - - - - 70,020 ALL FUNDS TOTAL 12,713,333 80,043,975 (3,414,214) (2,510,200) (435,988) 86,396,906 2,437,600 (3,609,616) (2,996,454) - 82,228,436 (1) Sewer Fund Balance includes $15,335,666 in Nonspendable Capital Assets April 2023 Activities May 2023 Activities
14 Agenda Item # 2.
FUND
Estimated Ending Cash
Balance 03/31/2023 Debit Credit
Estimated Ending Cash
Balance 04/30/2023 Debit Credit
Estimated Ending Cash
Balance 05/31/2023
RESERVE FUNDS
General Fund 18,924,622 10,637,867 (2,232,152) 27,330,338 1,931,187 (3,589,639) 25,671,886 Grant Reimbusement Fund 334,172 334,172 368,090 33,918
Payroll Liability Fund - 884,949 (884,949) - 958,234 (958,234) - Total General Fund: 19,258,794 11,522,816 (3,117,100) 27,664,510 2,923,339 (4,547,873) 26,039,976
ENTERPRISE FUNDS
Sewer Fund 13,039,214 114,030 (858,556) 12,294,687 162 (809,254) 11,485,594 Solid Waste Fund 5,069,759 275,939 (86,400) 5,259,298 76,654 (64,534) 5,271,418 Storm Drain Fund 802 802 802
Total Enterprise Funds: 18,109,774 389,969 (944,956) 17,554,787 76,816 (873,788) 16,757,814
CAPITAL IMPROVEMENT FUNDS
Capital Projects Fund 10,308,706 (788,377) 9,520,329 (1,762,080) 7,758,249 Equipment Replacement Fund 756,328 (2,717) 753,610 (79,955) 673,655 Total Capital Improvement Funds: 11,065,034 - (791,095) 10,273,939 - (1,842,035) 8,431,904
INTERNAL SERVICE FUNDS
PERS & OPEB Reserve 551,314 551,314 551,314
Technology Reserve 1,290,145 6,835 (36) 1,296,944 125,579 1,422,523 Dental/Vision Fund (309,438) (17,260) (326,698) (25,981) (352,678) Unemployment Fund 96,698 96,698 96,698
Workers Compensation Fund 6,465,075 (4,592) 6,460,483 (10,745) 6,449,739 Total Internal Service Funds: 8,093,795 6,835 (21,888) 8,078,741 125,579 (36,725) 8,167,595
SPECIAL REVENUE FUNDS
Road Maintenance (SB1) 806,782 295,905 1,102,687 51,885 1,154,571 CDBG Fund - - -
Downtown Parking Fund 949,537 10,834 960,371 2,100 962,471 Estate Donation Fund 18,161 160 18,321 18,321
Gas Tax Fund 2,452,411 433,994 2,886,405 47,428 2,933,834 Prop 1B Road Maintenance 56 74 130 (228) (98)
Measure B 435,987 (438,278) (2,291) 13 (2,278)
In Lieu Park Fund 8,106,040 156,447 8,262,488 8,262,488 Supplemental Law Enforcement Fund 222,563 29,462 252,025 20,538 272,564 TDA Fund 35,634 573 36,207 36,207
Traffic Impact Fee Fund (198,144) 7,190 (190,954) 6 (190,948) Vehicle Registration Fund 1,372,226 11,432 1,383,658 1,383,658 PEG Fees 226,090 2,624 228,714 25,845 254,559
Public Art Fund 512,627 512,627 512,627
Storm Drain Deposits 56,086 56,086 56,086
AB-1379 CASP Fee 8,986 497 9,483 1,001 10,484
Vehicle Impound Fund 2,410 627 3,037 1,254 4,291
Total Special Revenue Funds: 15,007,453 949,819 (438,278) 15,518,993 150,071 (228) 15,668,835
DEBT SERVICE FUNDS
General Obligation Bond 352,284 352,284 (155,938) 196,346 Community Center Lease 517,977 517,977 517,977
Total Debt Service Fund: 870,260 - - 870,260 - (155,938) 714,323
AGENCY FUND
Blue Oaks Line Sewer 22,890 89 22,979 22,979
Total Debt Service Fund: 22,890 89 - 22,979 - - 22,979
ALL FUNDS TOTAL 12,869,527 72,428,000 (5,313,318) 79,984,210 3,275,804 (7,456,587) 75,803,427 April 2023 Activities May 2023 Activities
15 Agenda Item # 2.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
AGENDA REPORT SUMMARY
Meeting Date: August 22, 2023
Subject Approve Appointment of Councilmember Neysa Fligor as Council Liaison to the Parks, Arts, Recreation, and Cultural Commission
Prepared by: Melissa Thurman, City Clerk
Approved by: Gabriel Engeland, City Manager
Attachment(s):
None
Initiated by:
City Council (S. Meadows)
Previous Council Consideration:
At the City Council meeting of June 13, 2023, the City Council approved an Ordinance with various changes and updates to the City of Los Altos Commissions. One of these changes was to merge the Parks and Recreation Commission with the Public Arts Commission, and to create the Parks, Arts, Recreation, and Cultural Commission.
Councilmember Neysa Fligor was serving in the role of Council Liaison to the Parks and Recreation Commission and Councilmember Pete Dailey was serving in the role of Council Liaison to the Public Arts Commission. Mayor Sally Meadows wishes to appoint Councilmember Neysa Fligor to the role of Council Liaison to the Parks, Arts, Recreation, and Cultural Commission.
Fiscal Impact:
None
Environmental Review:
Not applicable
Staff Recommendation:
To approve Mayor Sally Meadows appointment of Councilmember Neysa Fligor to the role of Council Liaison to the Parks, Arts, Recreation, and Cultural Commission. 16 Agenda Item # 3.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
AGENDA REPORT SUMMARY
Meeting Date: August 22, 2023
Subject Multi-Jurisdictional Meeting on Stanford Community Plan Approved by: Gabriel Engeland, City Manager
Initiated by:
Santa Clara County Commissioner Joe Simitian
Previous Council Consideration:
N/A
Fiscal Impact:
None
Environmental Review:
Not applicable
Policy Question(s) for Council Consideration:
Should the City Council appoint non-quorum representatives to attend a scheduled meeting, and future meetings, to discuss the Stanford Community Plan? Summary:
The Office of Supervisor Joe Simitian is convening a meeting with multiple jurisdictions around the Stanford Community Plan. The Supervisor has asked for a non-quorum attendance from each City.
Staff Recommendation:
The Mayor would like to appoint the following Councilmembers to attend this meeting, and future meetings of the Multi-Jurisdictional Standford Community Plan:
Mayor Sally Meadows
Councilmember Neysa Fligor
Purpose
The City Council has been asked to appoint two representatives to attend a scheduled meeting, and future meetings, to discuss the Stanford Community Plan.
17 Agenda Item # 4.
Subject: Multi-Jurisdictional Meeting on Stanford Community Plan August 22, 2023 Page 2
Discussion/Analysis
The Los Altos City Council should designate a non-quorum delegation to attend meetings on the topic of the Multi-Jurisdictional Stanford Community Plan. The appointments have taken place as follows:
2019: Mayor Lynette Lee Eng and Councilmember Anita Enander 2020: Mayor Jan Pepper and Councilmember Neysa Fligor
2021: Mayor Neysa Fligor and Councilmember Anita Enander 2022: Mayor Anita Enander and Councilmember Neysa Fligor 2023: Proposed: Mayor Sally Meadows and Councilmember Neysa Fligor Recommendation
Accept the recommendation of the Mayor to appoint the following Councilmembers to attend this meeting, and future meetings of the Multi-Jurisdictional Stanford Community Plan:
Mayor Sally Meadows
Councilmember Neysa Fligor
18 Agenda Item # 4.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JD
AGENDA REPORT SUMMARY
Meeting Date: August 22, 2023
Subject 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) Annual Report (FY23 - Year 2)
Prepared by: Steve Golden, Senior Planner
Reviewed by: Nick Zornes, Development Services Director Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Santa Clara County Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY23
Initiated by:
Development Services Division/Floodplain Administrator
Previous Council Consideration:
July 13, 2021 – Council Adoption of the 2021 Santa Clara County Multi-Jurisdiction Program for Public Information (PPI)
September 20, 2022 – Council acceptance of the Santa Clara County Multi-Jurisdiction PPI Annual Evaluation Report for FY22 (Year 1)
Fiscal Impact:
None
Environmental Review:
Not applicable
Policy Question(s) for Council Consideration:
None
Summary:
The Program for Public Information (PPI) is a program under the National Flood Insurance Program’s Community Rating System (CRS) which contributes to the city’s rating. The Federal Emergency Management Agency requires the elected body of each community to approve the PPI to receive credit for having a plan pursuant to the CRS guidelines and 19 Agenda Item # 5.
Subject: 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) Annual Report (FY23 - Year 2)
August 22, 2023 Page 2
receive an annual report on PPI efforts and requires the community to share the annual report with their governing body.
Accept FY23 (Year 2) Annual Report for the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information
Staff Recommendation:
Move to receive the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Annual Report (FY23-Year 2)
Purpose
Accept the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Annual Report (FY23-Year 2) so the City will continue to receive credit under the National Flood Insurance Program’s Community Rating System program.
Background
The CRS is a voluntary program that allows communities to earn flood insurance premium discounts through the National Flood Insurance Program (NFIP) for residents and businesses by promoting flood risk reduction practices, floodplain management, and encouraging the purchase of flood insurance. These activities go above and beyond the normal enforcement of floodplain regulations and the community earns various points for different activities. There are CRS Class ratings that are assigned at 500-point increments, and each improvement in class rating nets an additional 5% discount for property owners paying flood insurance premiums. The PPI is a committee-based localized and coordinated approach to flood hazard community outreach efforts, that is primarily being organized and lead by the Santa Clara Valley Water District (“Valley Water”). The PPI is a major component of the public outreach effort that Los Altos earns points for by having some of the activities implemented locally or at the County level. The total savings in flood premium discounts for Santa Clara County residents from the CRS program (11 participating agencies) is approximately $2.37 million per year1. The PPI was reviewed by the Federal Emergency Management Agency (FEMA) to make sure its provisions fully comply with their requirements prior to approval by any participating agency’s governing body. FEMA informed the participating agencies that this is one of the first multi-jurisdictional PPI to be completed, and it involves the largest number of participating communities to date.
Every five years, CRS communities must update the PPI. The 2021 Santa Clara County MultiJurisdictional Program for Public Information represents the Five-Year Plan. The PPI was developed jointly, but it must be individually approved by each community’s elected body for that community to receive CRS points for its implementation. Valley Water’s Board approved the PPI on April 27, 2021. On July 13, 2021, the City Council adopted the PPI for the City of Los Altos.
1 Last reviewed in 2021.
20 Agenda Item # 5.
Subject: 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) Annual Report (FY23 - Year 2)
August 22, 2023 Page 3
Under the CRS requirements, each year, the CRS communities must reconvene to evaluate whether the flood risk reduction messages are still appropriate and adjust the PPI, as needed. Additionally, a report to FEMA must be submitted annually describing the PPI implementation, and the report is shared with each participating community governing body.
Discussion/Analysis
In October 2021, the City of Los Altos completed its mandated five-year audit administered by FEMA through the Insurance Services Office (ISO) which reviewed in detail all the local CRS recognized activities. Prior to the audit, the CRS activities contributed to the City’s Class 8 rating, giving residents a 10% discount on insurance premiums. With the adoption of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information (PPI) and the incorporation of City recognized CRS activities, the city received additional points along with other activities to improve its rating to a Class 7 which will give residents a 15% discount on insurance premiums issued or renewed on or after April 1, 2023.
The FY23 Annual Report is the second annual report for the 2021 Santa Clara County MultiJurisdictional PPI (see Attachment 1). The report includes background information on how the PPI was developed by the participants, the preparation of the annual evaluation, the PPI accomplishments for FY23, and new initiatives. With regard to projects accomplished in FY23, Attachment 2 of the Annual Report lists all the projects proposed in the 2021 PPI (titled “Appendix A CRS Creditable Outreach and Flood Response Project by CRS Community”), with a column titled “Project Accomplishments” noting actions taken during the second year of the PPI (FY23).
The most extensive outreach project was the Valley Water’s Annual Flood Awareness Campaign, which the city of Los Altos gets CRS credit for since it targets our community. Specific city activities include: making brochures available in public buildings; including flood information and links to Valley Water Flood Awareness and FEMA information on the city’s website; publishing two newspaper ads in the Town Crier titled “Assess Your Flood Risk and Flood Insurance Availability”; sending letters targeted to property owners in special flood hazard areas; coordinating with Mission Trail to send out a Valley Water flood awareness bill insert (no cost to city); and participating in PPI coordination meetings.
Recommendation
Receive the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information Annual Report (FY23-Year 2).
21 Agenda Item # 5.
Santa Clara County Multi-Jurisdictional Program for Public Information 2021 Annual Evaluation Report for FY23
(Year 2: July 2022 to June 2023)
July 2023
Prepared by:
Santa Clara Valley Water District
and
Santa Clara County CRS communities
22 Agenda Item # 5.
1 of 20
I. INTRODUCTION
The Community Rating System (CRS) is a voluntary program of the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program (NFIP). The CRS program allows communities to earn flood insurance premium discounts for their residents and businesses by implementing local mitigation, floodplain management, and outreach activities that exceed the minimum NFIP requirements to reduce the risk of flooding.
In Santa Clara County, 11 (eleven) communities, including Santa Clara Valley Water District (Valley Water) have actively participated in the FEMA NFIP CRS for over 30 years.
The CRS participating communities (CRS communities) are City of Cupertino, City of Gilroy, City of Los Altos, City of Milpitas, City of Morgan Hill, City of Mountain View, City of Palo Alto, City of San Jose, City of Santa Clara, City of Sunnyvale, and the Santa Clara Valley Water District (Valley Water).
CRS communities, along with their external non-governmental stakeholders, non-CRS communities: City of Saratoga, Town of Los Altos Hills, Town of Los Gatos, and the County of Santa Clara who opted to join the 2021 Program for Public Information (PPI), comprised the 2021 PPI Committee. The original 2021 PPI Committee is listed in Table 1. Original Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee of the 2021 PPI (Attachment 1). Since the development of the 2021 PPI, there may have been changes to the community’s original 2021 PPI Committee members (either the internal representatives to the organization and/or the external stakeholders). Those member changes are noted on the meeting attendance sheets.
For CRS credit, FEMA requires that each CRS community provide at least two representatives to the regional PPI Committee, with at least half of the representatives from outside the local government. Additionally, at least half of the representatives must attend all the meetings of the regional PPI Committee. Non-CRS communities are also required to provide an external stakeholder.
An important benefit of the PPI Committee’s work is close collaboration between local public agency staff who work on flood protection throughout Santa Clara County. Together, PPI Committee members continue strengthening their individual CRS programs and ensuring communities can evaluate their flood programs against a nationally recognized benchmark.
The 2021 PPI Committee, the remaining non-CRS communities (City of Campbell and City of Monte Sereno), and other interested parties make up the Santa Clara County CRS Users Group.
The Santa Clara County CRS Users Group collaborates to ensure floodplain management activities provide enhanced public safety, reduced damage to property and public infrastructure, and avoidance of economic disruption and loss in Santa Clara County. Through the five-year PPI development and the annual reporting process, members of the SC County CRS Users Group learn from one another about local floodplain management activities, including flood protection and land use issues. For both the Santa Clara County CRS Users Group and the 2021 PPI Committee, the PPI is one of the most impactful activities of the CRS program.
Under the CRS program, flood insurance premium rates are discounted to reward CRS communities’ actions that meet the three goals of the CRS:
(1) reduce flood damage to insurable property
(2) strengthen and support the insurance aspects of the NFIP; and (3) encourage a comprehensive approach to floodplain management.
Flood insurance premiums for CRS communities are reduced in 5% increments for every 500 CRS points earned.
As of April 30, 2023, the total savings for Santa Clara County residents from CRS discounts is approximately $1.5 million.
23 Agenda Item # 5.
Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY23 (Year 2: July 2022 to June 2023) 2 of 20
Valley Water is the lead flood risk reduction agency for Santa Clara County. Valley Water performs many flood preparedness outreach and stream stewardship/maintenance activities that earn credit points for CRS communities. Since Valley Water is not a land-use agency, the points Valley Water earns, as a “fictitious community, provide a foundation upon which the CRS communities can build. FEMA approved this unique arrangement with Valley Water in 1998.
The CRS Coordinator’s Manual, 2013 Edition, included the option to undertake a Program for Public Information (PPI) which is a method that standardizes our flood risk and loss reduction outreach messages and increase communities’ CRS points. Each participant of the PPI Committee brings unique perspectives and suggestions that enhance the PPI. Each community must adopt the PPI through a formal vote by the community’s governing body.
In 2013, Valley Water initiated and facilitated the effort to develop the first Multi-Jurisdictional PPI so that all Santa Clara County CRS communities could work together and benefit from this activity.
Non-CRS communities were also invited to participate in the development of the PPI. This work effort resulted in the 2015 Multi-Jurisdiction PPI (2015 PPI).
On April 14, 2015, Valley Water’s Board adopted the 2015 PPI, which sunset in April 2020. Following Valley Water’s lead, the other CRS communities’ governing bodies adopted the 2015 PPI soon thereafter.
Under the CRS, the PPI must be updated every five years. Each subsequent year after adopting the PPI, the PPI Committee must submit an annual evaluation report to FEMA describing the PPI implementation for the prior fiscal year. The PPI Committee must evaluate whether the flood risk reduction messages in the PPI are still relevant and adjust the PPI, if needed. The annual evaluation report is shared with each CRS community’s governing body as an informational item.
As required, annual evaluation reports for FY16 (Year 1 of the 2015 PPI) through FY19 (Year 4 of the 2015 PPI) were prepared, sent to each CRS community’s governing body, and included in each community’s respective annual recertifications or as part of a community’s documentation for those that were cycled on any given year.
In FY20 (Year 5 of the 2015 PPI), the PPI Committee was required to update the 2015 PPI. The Insurance Services Office (ISO), FEMA’s CRS program management contractor, exempted the PPI Committee from submitting an annual evaluation report for FY20 (Year 5 of the 2015 PPI) as the committee focused on updating the document.
In February 2020, Valley Water hosted the start of the five-year PPI updated process. Fifteen Santa Clara County communities worked together to update the 2015 PPI. These communities included the current 11 CRS communities as well as four non-CRS communities that expressed interest in joining the 2015 PPI and possibly the CRS program. Staff and external stakeholders from each agency participated in developing the new PPI.
In March 2020, the Coronavirus (COVID-19) outbreak started. The California State Emergency Services Act, the Governor’s Emergency Declaration related to the COVID-19 pandemic, the Governor’s Executive Order N-29-20, and Order of the County of Santa Clara Public Health Officer dated March 16, 2020, went into effect.
The COVID-19 pandemic caused far-reaching, unprecedented changes. Businesses and organizations faced economic and operational uncertainty across every industry and sector. The workforce impacts during COVID-19 caused delays beyond control, including the PPI Committee’s ability to continue its work of updating the 2015 PPI. Many communities shifted priorities to respond to the public health crisis; therefore, FEMA provided an extension of completing the update to the 2015 PPI to early 2021.
The 2021 PPI Committee reconvened in October 2020 to resume the 2015 PPI update. Several virtual meetings followed until the 2021 PPI Committee completed the 2021 PPI in April 2021. The 2021 PPI was adopted by CRS communities, as indicated in Table 1. Dates 2021 PPI Adopted.
II. 2021 PPI DEVELOPMENT PROCESS
Valley Water, CRS and non-CRS communities initiated the 2021 PPI process in February 2020. Due to 24 Agenda Item # 5.
Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY23 (Year 2: July 2022 to June 2023) 3 of 20
COVID-19, discussions were postponed, and reinitiated the process in October 2020. The Santa Clara County 2021 Multi-Jurisdictional Program for Public Information document was completed in April 2021 (refer to Section I. Introduction for COVID-19 related delays).
Virtual meetings were held between 2020 and 2021 to develop the 2021 PPI. FEMA’s six priority topic messages and the three additional messages identified in the 2015 PPI carried forward into the 2021 PPI. The 2021 PPI Committee felt all nine topics and supporting messages were still relevant for reaching Santa Clara County residents and ensuring they are Flood Ready.
The below listed is Table 3 in the 2021 PPI: CRS Priority Messages Topic
Number Topic message Public Message
(Select one message per topic)
TOPIC #1 Know your flood hazard
• Know your flood risk
• Contact your floodplain manager to find out if your
property is in a floodplain
• Check if your home or business is in a
Special Flood Hazard Area
TOPIC #2 Insure your property for your flood
hazard
• Get flood insurance ahead of time
• Insure your property
• There is a 30-day waiting period for the policy to take place
TOPIC #3 Protect people from the flood hazard
• Put your 3-day emergency kit together
• Follow evacuation orders
• Learn the best route to high ground
TOPIC #4 Protect your property from the flood
hazard
• Protect your home from flood threats
• Prepare your home
• Sandbags can offer protection against a foot or less of floodwater
• Get sandbags before a flood
TOPIC #5 Build responsibly
• Build responsibly in floodplains
• Comply with development requirements
• Check with your city/county floodplain manager before you build
TOPIC #6 Protect natural floodplain functions
• Keep creeks clean and flowing
• Keep debris and trash out of our streams
• Don’t pollute, dump, or drain anything in creeks
Additional Outreach Topic Messages
(only one message per topic)
TOPIC #7 Develop an emergency plan • Develop an emergency plan TOPIC #8 Download disaster apps • Download disaster emergency apps TOPIC #9 Understand shallow flooding risks––
don’t drive through standing water
• Understand shallow flooding risks - don’t drive through standing water
The 2021 PPI Committee worked between the meetings to draft the 2021 PPI and review the extensive list of outreach and flood response projects (Attachment 2).
Based on the 2021 PPI Committee’s evaluation of the 2015 PPI, the consensus was that most of the 2015 PPI flood risk reduction messages were still relevant, so only minor edits were incorporated as needed.
This became the basis for the 2021 PPI; therefore, no additional FEMA review was required, as the 2015 PPI already ensured its provisions were fully compliant with FEMA requirements.
The number of CRS points that the 2021 PPI activities will earn is determined by FEMA’s CRS Specialist and Technical Reviewers from ISO. The PPI Committee estimates that of the possible 350 points for Activity 330, each CRS communities could earn up to 300+/- points for PPI efforts.
Once Valley Water approved the 2021 PPI (5-Year Plan), the final document was provided to the 2021 PPI Committee to present to their governing bodies for adoption and implementation. Table 1. Dates of 2021 PPI Adoption shows the 2021 PPI approval dates by each agency; all 11 CRS communities have 25 Agenda Item # 5.
Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY23 (Year 2: July 2022 to June 2023) 4 of 20
adopted the 2021 PPI.
Table 1. Dates 2021 PPI Adopted
Community Date Presented Adopted
Santa Clara Valley
Water District 4/27/21 X
City of Cupertino 8/17/21 X
City of Gilroy 7/01/21 X
City of Los Altos 7/13/21 X
Town of Los Altos Hills
(*non-CRS community)
Not required Not required
Town of Los Gatos
(*non-CRS community)
Not required Not required
City of Milpitas 5/18/21 X
City of Morgan Hill 6/16/21 X
City of Mountain View 6/22/21 X
City of Palo Alto 6/14/21 X
City of San Jose 11/16/21 X
City of Santa Clara 7/06/21 X
County of Santa Clara
(*non-CRS community)
Not required Not required
City of Saratoga
(*non-CRS community)
Not required Not required
City of Sunnyvale 6/29/21 X
Total Approved 11
*Non-CRS communities are encouraged to participate in Santa Clara County CRS Users Group and/or PPI Committee ongoing efforts and initiatives; however, for those that opted to participate in the 2021 PPI, are not required to adopt the PPI or share annual evaluation reports with their governing bodies.
III. ANNUAL EVALUATION REPORTS
The 2021 PPI states that the 2021 PPI Committee will meet at least once yearly to evaluate the PPI and incorporate any needed revisions. This meeting is coordinated in conjunction with the ongoing CRS User’s Group meetings, which occur at least twice a year.
The evaluation will cover the following:
● Review of projects that were completed;
● Evaluate progress toward outcomes;
● Provide recommendations on projects that have not been completed; ● Provide recommendations for new projects not previously identified; ● Address any Target Audience changes; and
● Assess the impact of the program during an actual flood event if one has occurred.
The 2021 PPI Committee prepares the annual evaluation report for submission with each CRS community’s annual CRS recertification package (or schedule 5-year cycle visits). The annual evaluation report is then shared with each CRS communities’ governing body as an informational item.
Section V. 2022 Santa Clara County CRS Users Group/PPI Committee Meetings – Monitoring and Evaluating the 2021 PPI of this annual evaluation report summarizes the meetings held to develop the FY23 Annual Evaluation Report (Year 2 of the 2021 PPI).
Table 2 below shows how each community expects to share the FY23 Annual Evaluation Report with its governing body.
26 Agenda Item # 5.
Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY23 (Year 2: July 2022 to June 2023) 5 of 20
Table 2. How the 2021 PPI Annual Evaluation Report for FY23, Year 2 will be shared with Community’s Governing Body Community Method for Sharing
Santa Clara Valley Water District Board Non-Agenda Item City of Cupertino Consent Item Council Agenda
City of Gilroy Consent Calendar
City of Los Altos Council Consent Calendar or Informational Staff Report
Town of Los Altos Hill (*non-CRS community) Not required Town of Los Gatos (*non-CRS community) Not required
City of Milpitas Memo to City Council
City of Morgan Hill Council Consent Calendar
City of Mountain View Council Weekly Update “Council
Connection”
City of Palo Alto Informational Staff Report
City of San Jose Council Consent Calendar
City of Santa Clara Council Consent Calendar
County of Santa Clara (*non-CRS community) Not required City of Saratoga (*non-CRS community) Not required
City of Sunnyvale City Manager’s “Update Sunnyvale”
*Non-CRS communities are not required to share annual evaluation reports with their governing bodies.
IV. 2021 PPI ACCOMPLISHMENTS FOR FY23
The 2021 PPI Committee identified three efforts needed from each CRS community in order to prepare and finalize subsequent annual evaluation reports.
1. Governing bodies must adopt the 2021 PPI (Table 1. Dates 2021 PPI Adopted). The 2021 PPI Committee must prepare an annual evaluation report and share the reports with its governing body as informational items (Table 2. How the 2021 PPI Annual Evaluation Report for FY23, Year 2 will be shared with Community’s Governing Body).
2. For each fiscal year (July 1 - June 30), the communities must carry out and monitor the implementation of the outreach/flood response projects identified in Appendix A CRS Creditable Outreach and Flood Response Projects by CRS Community of the 2021 PPI (Attachment 2).
3. The PPI Committee must review and consider the ‘New Initiatives’ identified in the 2021 PPI (page 66) for advancing flood risk reduction efforts.
Governing Bodies Approval: Including Valley Water, all 11 CRS communities’ governing bodies adopted the 2021 PPI. The approval dates are shown by each agency (Community) in Table 1. Dates of 2021 PPI Adopted noted above.
Tracking System: The 2021 PPI is multi-jurisdictional and includes 15 agencies (11 CRS communities and four non-CRS communities). Tracking implementation is quite complex compared to a single-agency PPI. As the informal lead agency, Valley Water oversees the record-keeping to ensure consistency throughout the county.
An electronic file-sharing system, Egnyte, is set up with folders for each community to file and share documents related to the 109 potential outreach/flood response projects identified in the 2021 PPI and all CRS-related documentation. This also includes a comprehensive spreadsheet tracking which lists projects that were accomplished in any given fiscal year by each individual community (Attachment 2). This spreadsheet, along with the annual evaluation report, will be submitted with annual CRS recertifications or as part of scheduled 5- year cycle visits.
27 Agenda Item # 5.
Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY23 (Year 2: July 2022 to June 2023) 6 of 20
ISO assigns credit for Valley Water outreach/flood response projects to all Santa Clara County CRS communities’ ratings. Some communities also choose to carry out and report on their own outreach/flood response projects, in addition to those of Valley Water. These projects are shown on the composite spreadsheet (Attachment 2 - Appendix A from 2021 SC County Multi-Jurisdictional PPI noting FY23 Project Accomplishments) and include input from each agency.
The PPI Committee discussed the benefits of using the Egnyte shared-filing system for tracking the 2021 PPI outreach/flood response projects and all CRS-related documentation. The PPI Committee also discussed the importance of ensuring each agency regularly uploads its CRS documentation. These benefits are:
- Information Share/Knowledge Transfer: CRS communities can view each other’s program documentation. When a community improves its CRS rating, another community can access the documents submitted to determine how the CRS credited activities helped improve the score. - Document Repository: A central location for CRS-related documentation, organized to mirror the CRS Coordinator’s Manual (by community/activity/element), proves helpful when a community experiences staff turnover.
- Documentation Submittals: CRS documents are organized and easy to share with the CRS Specialists conducting cycle visits and/or annual recertification.
Summary of PPI Projects Accomplished in FY23
The complete list of outreach/flood response projects is included as Attachment 2 of this annual evaluation report, listing all projects proposed in the 2021 PPI, with a “Project Accomplishments” column noting actions taken during the second year of the PPI, FY23.
Audiences Projects Accomplished
Community at Large (CAL) 81 potential projects, 63 accomplished Residents and Businesses in the Special Flood
Hazard Area (SFHA)
18 potential projects, 16 accomplished
Messengers to Other Target Audiences
(Organizations & Businesses Serving the
Community)
10 potential projects, 10 were accomplished
*Total Accomplished Projects 89 of 109
* Note: All projects carried out by CRS communities were accomplished in FY23. Variance in the number of potential projects versus accomplished projects is due to no updates received from non-CRS communities, which is not required for this annual evaluation report.
These numbers go well beyond the minimum requirements of the CRS program for PPI credit under Activity 330; we anticipate all CRS communities will receive the maximum number of credits for our collective efforts in FY23.
Valley Water’s Outreach/Flood Response Projects
Annual Flood Awareness Campaign
Valley Water's FY23 Flood Awareness Campaign theme was "Our Climate Has Changed." It launched after the 1Fourth National Climate Assessment was published; there could not have been a better time for this conversation.
The federal report assessed that intense extreme weather and climate-related events are becoming more frequent and will have catastrophic impacts on vulnerable communities, infrastructure, ecosystems, and our economy.
Extreme storm events could result in more frequent and severe flooding in our region. Valley Water’s message emphasized its commitment to reducing flood risks and protecting the community but acknowledged that we cannot eliminate all risks. Thus, our communities must adapt and prepare; and it starts with being informed and aware of risks.
1 US Global Change Resource Program (USGCRP) has a legal mandate to conduct a state-of-the-science synthesis of climate impacts and trends across U.S. regions and sectors every four years, known as the National Climate Assessment (NCA). 28 Agenda Item # 5.
Santa Clara County 2021 Multi-Jurisdictional Program for Public Information Annual Evaluation Report for FY23 (Year 2: July 2022 to June 2023) 7 of 20
An educational paid advertising campaign supplemented Valley Water’s community outreach effort. The advertising campaign was supported by a series of formative research to understand target audiences and their awareness levels and explore what educational messages and images most appealed to them.
The Flood Awareness Campaign lasted four months, from mid-November 2022 to February 2023. The paid advertisement campaign cost a total of $330,000.
Valley Water’s FY23 Annual Flood Awareness Campaign continued the shift from general digital and public space advertising to a series of direct mailings to the 51,120 homes and businesses in Santa Clara County's FEMA SFHA.
Valley Water sent two separate targeted mailers to all homes and businesses in or near a high-risk flood area, as designated by the FEMA SHFA. The mailers were multilingual (English, Spanish, Chinese, and Vietnamese) and are posted on Valley Water’s website.
1. Annual Floodplain Mailer (FPM) - Valley Water’s multi-language (English, Spanish, Chinese, and Vietnamese) annual FPM “Our Climate Has Changed - Be Aware, Be Prepared, Take Action” (dated 11/22) mailed on November 28, 2022. https://online.flipbuilder.com/tkap/tmie/
2. Trifold “You Live in a Flood Zone– Make Sure You Are Ready. Do You Know What to Do Before, During, and After a Flood?” mailed on January 6, 2023. https://online.flipbuilder.com/tkap/zmox/ Additionally, Valley Water’s FY23 Countywide Mailer (CWM) included a ‘Floods Can Follow Droughts’ section and was sent starting November 8 through 18, 2022, countywide to 744,025 addresses (USPS: ECRWSS ‐ Extended/Enhanced Carrier Route Walking Sequence Saturation Postal Customer). The CWM includes flood protection and preparedness measures information, knowing your flood risk, getting flood insurance, developing an emergency plan and kit, protecting your home from flood threats, signing up for AlertSCC and the American Red Cross Disaster Emergency App, and understanding shallow flooding – Turn Around Don’t Drown®. https://s3.us-west-1.amazonaws.com/valleywater.org.us-west-1/s3fs-public/2022-10- 26_Drought%20Countywide%20Mailer.pdf
Lastly, ‘Are You Flood Ready?’ multilingual postcards that included the nine CRS topics and supporting messages, and links to various flood readiness/preparedness webpages were produced and distributed. https://www.valleywater.org/are-you-flood-ready
Requested copies of the FPM, postcards, and trifold mailers were sent to all Santa Clara County cities and county Public Works and Planning Departments.
Public Agency
Annual Floodplain
Mailer (FPM) Postcard
Trifold
(Mailed Jan 2023) (Mailed late Nov 2022 and early Jan 2023) City of Los Altos 50 100 20
Town of Los Altos Hills 25 150 20
City of Milpitas 50 25 20
City of Mountain View 25 25 20
City of Cupertino 100 100 20
VW CRS Program 150 300 20
All other 10 cities & County (10 count) 250
25 count each
250
25 count each
200
20 count each
29 Agenda Item # 5.
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In mid-November 2022, Valley Water’s 2022-2023 Flood Awareness Outreach Partner Social Media Toolkit, ‘Our Climate Has Changed,’ was made available for download to all partnering agencies, including CRS communities.
The toolkit provided links to the multilingual annual FPM, the ‘Flood Can Follow Droughts’ 2001-2023 Timeline, the ‘Are You Flood Ready?’ postcard, social media graphics and videos that included messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use. https://www.dropbox.com/s/p438zrw8lwi614r/Flood%20Awareness%202022- 2023%20Partner%20Toolkit.pptx?dl=0.
Valley Water HQ Lobby Displaying Flood Readiness Materials FY 23 Floodplain Mailer
FY 23 Postcard
30 Agenda Item # 5.
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During FY23, Santa Clara County experienced a drought emergency. Valley Water’s annual FPM reminded everyone that flooding can happen anytime it rains and that climate change has made extreme weather the new normal. Drought conditions can harden the ground and increase run-off to streams and creeks during the first few days of heavy rain, increasing the risk of flooding. In addition, the flood mailer showcased Valley Water's ongoing flood protection projects in areas susceptible to flooding.
In FY23, the FPM featured a QR code, a cling with important flood safety websites, a detachable emergency phone list, photos of our most recent flood protection projects, and a graphic image displaying how historical floods have followed droughts in Santa Clara County (see below attached “Santa Clara County Floods & Droughts Timeline [2001-2023]).
FY 23 Countywide Mailer
FY 23 Trifold Mailer
31 Agenda Item # 5.
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Valley Water also deployed a small-scale multilingual social media campaign, with the slogan "Flooding can happen during a drought," on social media and web platforms. The campaign launched in Winter FY23, starting with the season's first rains, and continuing through March 2023.
A key strategy for the paid flood awareness campaign was incorporating the 2021 PPI 6 priority topics and the three additional outreach topics, including messages supporting the nine topics, in Valley Water ads. Staff crafted messages derived from Valley Water's annual FPM to residents in the SFHA. Additionally, the Valley Water Board of Directors shared posts on Nextdoor highlighting the "Flooding can happen during a drought" messaging and the nine CRS topics in Winter 2022-23. Valley Water also posted a flood preparedness blog, a digital copy of the FPM, and a guide on what to do before, during, and after a flood.
Valley Water 2022-23 Flood Media Campaign (October 2022 – February 2023) Target: Santa Clara County residents
Objective: Flood Awareness for All SCC Residents
Digital ads targeted residents and commuters in or near the SFHA, using zip codes from published FEMA flood maps.
The Media Plan
32 Agenda Item # 5.
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The Ads
Boosts: Animated Facebook posts “Boosted” on Facebook, Instagram, NextDoor Boost #1 (Nov8-9) Boost #2 (Dec01-05) Boost #3 (Dec7-11) Boost #4 (Dec26-30) Boost #5 (Dec28-31) Boost #6 (Jan4-10) Boost #7 (Jan10-17) Boost #8 (Jan15-20) 33 Agenda Item # 5.
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Display Ads
300X250
Served to all adults in Santa Clara County
Delivered: 6,246,254 Impressions
Audio
30-second audio ads served via Streaming and Local On-Air Radio stations Delivered: 1,724,173 Impressions
34 Agenda Item # 5.
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FY 23 Flood Awareness Campaign Results
Valley Water also used its monthly newsletter, news blog, and social media profiles to enhance flood awareness efforts before and during forecasted storms starting as early as September 2022. During the length of the campaign and leading up to anticipated storm events, Valley Water posted flash flood warnings, shared posts with critical messages about flood safety, and promoted the Flood Watch Tool throughout the winter.
Valley Water’s flood protection resources page at ValleyWater.org/floodready serves as a hub of flood safety information with icons leading to a series of related web pages, including information on flood zone maps, signing up for emergency alerts, sandbags, reporting local flooding, and safety tips.
All cities and the county were requested to add a link redirecting site visitors from their respective flood protection resource pages and/or homepage to ValleyWater.org/floodready, Floodsmart.gov, and Ready.gov.
All Santa Clara County communities received hard copies of Valley Water's FPM, postcard, and trifold for their outreach efforts.
Valley Water shared the 2022-2023 Flood Awareness Outreach Partner Social Media Toolkit with all Santa Clara County cities/county, including CRS communities. The toolkit provided links to the multilingual annual FPM, social media graphics, messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all communities to use.
The 2022-2023 post-Flood Awareness Campaign survey found:
• 39% recalled receiving mail with information about flood safety (59% in 2021-22). • 64% are confident they have taken all necessary precautions to protect themselves from floods (76% in 2021-22).
• 43% rate the job Valley Water is doing at keeping them informed as excellent, good, or fair (61% in 2021-22).
• 48% are aware that their home was located in a flood zone awareness over last year (56% in 2021-22).
• 39% of respondents clearly understood Valley Water’s three main calls to action to be Flood Ready [develop an emergency plan, build an emergency kit, and get flood insurance] (58% in 2021-22). • 39% of respondents have flood insurance; 15% of renters polled have insurance (51% in 2021-22).
The results above demonstrate an effective campaign that is less expensive than general advertising, yielding a savings of approximately $150,000 with more robust results. Based on the findings, we will continue with targeted mailings to the FEMA SFHA as our outreach strategy for the flood awareness campaign rather than targeted advertising.
Flood Emergency Starter Kit Distribution
Pilot ‘Get Flood Ready’ Flood Event Kits (Flood Kits) were distributed to all cities and the county from late October through early November 2022. The Flood Kits included the following items: rolling storage bins, customized and branded (both Valley Water and agency’s logos) ‘Get Flood Ready’ banners and tablecloths, flood emergency starter kits, flood preparedness materials, and giveaway items. The Flood Kits will standardize local floodpreparedness outreach throughout the county and expand Valley Water’s ‘Get Flood Ready’ campaign.
In addition to the Flood Kits, CRS will increase and broaden our flood-preparedness outreach to underserved communities by partnering with other community organizations to distribute multilingual flood-preparedness materials and flood emergency starter kits.
This year, Valley Water acquired 6,000 flood emergency starter kits (Starter Kits). These Starter Kits will be distributed by all Santa Clara County communities and Valley Water’s CRS and other public-facing programs.
The Starter Kits include essential supplies, such as a hand squeeze flashlight, rain poncho, safety whistle, N95 35 Agenda Item # 5.
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mask, and gloves. These popular Starter Kits encourage the community to ‘Get Flood Ready’ by developing an emergency plan and putting together a more comprehensive three-day emergency kit.
CRS communities Outreach/Flood Response Projects
The 2021 PPI Committee identified the outreach/flood response projects for each community. The implementation of these projects is reflected in the ‘FY 2023 (Year 2 of the 2021 PPI) Project Accomplishments’ column of Attachment 2.
Valley Water Education Outreach Program
Valley Water’s Education Outreach includes flood awareness messaging in every program presented year-round.
A dedicated flood-focused program is offered from October through April, depending on the rainfall situation in any given year.
Valley Water’s role as a flood protection agency is highlighted in all presentations so that participants in the Education Outreach Programs know that flood protection is one of Valley Water’s core objectives in Santa Clara County.
Flood-focused Programs
Education Outreach has three programs focusing on flood awareness and preparedness: ‘The Three Little Pigs and The Bad Weather Wolf,’ ‘Mapping Landforms,’ and ‘Watershed Maps.’ In FY23, Valley Water more than doubled its flood-focused programs from FY22. A high demand for in-person programs brought us back into the community and schools; therefore, we added a third flood-focused program, ‘Mapping Landforms,’ for 1st - 2nd grades. The demand for flood-focused programs was due to the unusually long rainy season extending into April 2023.
The results of Flood-focused programs delivered between October 2022 and April 2023 are as follows:
• 113 Presentations
• 2,751 Attendees
• 122 Educators
Flood Awareness Messaging
In addition to the Flood-focused Programs, the Education Outreach Program provided additional flood awareness messaging in their general classroom presentations, STEAM (Science, Technology, Engineering, Art, and Math) programs, libraries, and camp programs.
The results of the general flood protection messaging between October 2022 and April 2023 are as follows:
• 233 Presentations
• 8,548 Attendees
• 323 Educators
Community Events and Engagement
Booth Support at Events
Valley Water staff made a concerted effort to actively participate in community events, including community festivals and emergency preparedness affairs, particularly in communities and neighborhoods in or near flood zones. In FY23 (from September 2022 – May 2023), both Valley Water and the communities staff hosted 18 booths 36 Agenda Item # 5.
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and distributed flood preparedness information on flood safety and emergency preparedness materials, including Valley Water’s annual FPM. Those events are listed below.
1. 2022 Santos Family 16th Annual Car Show-9/3/22 Alviso, CA
2. Emergency Preparedness Resource Fair-9/10/22 San Martin, CA
3. Mountain View Art & Wine Festival-9/11/22
4. Assembly Member Ash Kalra’s VeggieFest-9/17/22 San Jose, CA
5. Rotary Club Fall Festival-9/24/22 Cupertino, CA
6. Friends of Stevens Creek Trail Trailblazer Race-9/25/22 Mountain View, CA
7. Fall Festival at Martial Cottle Park-10/1/22 San Jose, CA
8. Santa Clara Parade of Champions-10/1/22
9. Pumpkins in the Park-10/8/22 San Jose, CA
10. Bay Area Diwali Festival of Lights-10/8/22 Cupertino, CA
11. Supervisor Lee’s Day on the Bay-10/8/22 Alviso, CA
12. Santa Visits Alviso-12/10/22
13. AAUW Wildflower Run-3/26/23 Morgan Hill, CA
14. VMC Foundation Women’s Leadership & Policy Summit-4/29/23 Saratoga, CA
15. Tech Interactive Tech Challenge-4/30/23 San Jose, CA
16. Berryessa Art Festival-5/13/23
17. San Jose Giants-5/13/23
18. Campbell Boogie Music Festival, 5/20/23-5/21/23
Speakers Bureau Program
In FY23, Valley Water's ‘Let’s Talk Water: Speakers Bureau Program’ reached the 18 organizations listed below. All general presentations include mention of flood protection, the need to ‘Get Flood Ready’ regardless of the county’s drought status, and links to Valley Water’s ‘Flood Ready’ information and resources webpage (ValleyWater.org/floodready), and the hotline to call to report obstructions in creeks.
Valley Water’s Speakers Bureau Program can customize presentations to update community groups on waterspecific issues and provide updates on projects in their area. ‘Let’s Talk Water’ also discusses local water conservation efforts and rebate programs. The FY23 presentations that included flood preparedness information are listed below.
1. October 13, 2022 – City of San Jose Board of Retirees meeting
2. October 20, 2022 – Palo Alto Kiwanis meeting
3. October 22, 2022 – Greentown Los Altos Library event
4. November 3, 2022 – Harbor Industrial Association luncheon
5. December 6, 2022 – RE/MAX Realtor informational meeting
6. January 4, 2023 – Mount Pleasant Neighborhood Assoc meeting
7. January 18, 2023 – Cupertino Library presentation hosted by Cupertino Library Foundation
8. February 9, 2023 – Sons in Retirement: Branch 54 monthly meeting
9. February 13, 2023 – Rotary Club of Evergreen Valley meeting
10. February 14, 2023 – Santa Clara County: Sustainability Working Group presentation
11. March 1, 2023 – Seven Trees Neighborhood Association meeting
12. March 6, 2023 – Leadership Morgan Hill presentation
13. March 9, 2023 – Presentation during Mountain View Senior Center afternoon workshop
14. March 23, 2023 – Mission San Jose Rotary Zoom meeting
15. April 6, 2023 – Water 101 Academy presentation
16. April 11, 2023 – Presentation during Terraces Los Gatos monthly speaker series
17. May 4, 2023 – West San Jose Kiwanis meeting
18. May 19, 2023 – Rotary Club of San Jose Silicon Valley 37 Agenda Item # 5.
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Other Community Engagement Efforts
Valley Water partnered with the Silicon Valley Bike Coalition at the Ride Out the Drought event held on October 15, 2022; the Salvation Army on October 22, 2022; Santa Visits Alviso Foundation on December 7, 2023; Sacred Heart Community Services on February 8, 2023, and Ms. Gail Osmer, homeless advocate, on March 15, 2023 by providing and/or distributing FEMA, US Army Corps of Engineers, and Valley Water multilingual flood preparedness educational materials, flood insurance promotion, AlertSCC, American Red Cross All-Hazard APP, and emergency preparedness starter kits which supports Valley Water’s ‘Get Flood Ready’ campaign.
Additionally, presentations on flood preparedness were made at the City of Cupertino Public Safety and Community Emergency Response Team (CERT) held on October 26, 2022, and at the City of San Jose Neighborhood CERT event held on November 15, 2022. Flood resources were also shared at these events.
V. 2023 SANTA CLARA COUNTY CRS USERS GROUP/PPI COMMITTEE MEETINGS – MONITORING AND EVALUATING THE 2021 PPI
The FY23 Santa Clara County CRS Users Group/PPI Committee meetings were held on March 21, 2023, and May 16, 2023. Attendance was good and quorum was met with staff from the 11 CRS communities for both meetings. Staff from some non-CRS communities, external stakeholders, and other interested parties were also in attendance. Agendas/minutes, and attendance sheets for each meeting are included (Attachments 3-6).
As required by CRS, the objective for both the March and May 2023 meetings was to monitor the implementation of the 2021 PPI, determine if the desired outcomes were achieved, and discuss if any changes to the 2021 PPI were needed to complete this annual evaluation report. The PPI Committee agreed that the 2021 PPI messaging and projects would remain the same for the duration of the 2021 PPI, which sunsets in 2026.
At the March 21, 2023, meeting, a draft FY 2023 (Year 2 of the 2021 PPI) Project Accomplishments worksheet was shared with the PPI Committee for their review/input.
The PPI Committee:
● Assessed whether the desired outcomes of the 2021 PPI were achieved in FY23 and what, if anything, should be changed. The consensus of the PPI Committee is that our 2021 PPI implementation for FY23 continues to be on target and that no changes are needed. Cities with the PPI approved by their elected officials reported receiving strong support.
● Reviewed which communities have adopted the 2021 PPI. Ensured that those communities who have adopted the PPI have all the conformed/enacted copies and supporting documentation in their respective governing bodies uploaded into Egnyte and a copy sent to Valley Water. ● Provided instruction on how communities will submit their updates to Appendix A of the 2021 PPI to Valley Water for consolidating annual evaluation report, including the spreadsheet (Attachment 2). ● Communities were informed that all updates were due by the next CRS Users Group Meeting or sooner. ● Reviewed and discussed ‘Other New Initiatives’ identified in the 2021 PPI (see below, Section VI. Future Messaging – Other New Initiatives).
Amy Fonseca, Valley Water CRS Program Administrator asked the group to share any ideas they may have on how we could carry out a new initiative as a group.
Initiative #1 - Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills yearly, including PG&E − Utility bills will continue to be offered by Valley Water. − The PPI Committee decided to continue discussion of this initiative discussion to the May 16, 2023, meeting; Valley Water’s as Communications would be providing an update of the FY23 Flood Awareness Campaign which those results could impact and guide initiative actions. 38 Agenda Item # 5.
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Initiative #2 - Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information
− Group was asked if anyone have any ideas or contacts to share? For example, the Santa Clara County Chamber of Commerce. Does anyone have any contacts with them? Who are these events catered to? − Beginning of FY23-24 flood season, we will work together to coordinate something county-wide or locally?
Initiative #3 - Expand on outreach to the Asian and Latino communities who live in flood prone areas − Group was asked if they had any ideas to expand outreach Asian or Latino communities in your areas that have been impacted by flooding?
Paola Giles, Valley Water Communications offered that we could reach out to school districts (specific schools with the Asian/Latino demographics), libraries, recreational and senior centers.
Jenn Chu, City of Cupertino mentioned that their Safe Routes to School Coordinator meets with schools and provides flyers, communications.
− Valley Water shared the ArcGIS Online: Valley Water Open Data https://datavalleywater.opendata.arcgis.com/, a free public data and resource. We demonstrated the Disadvantaged Community Web Mapping Application layer:
https://gis.valleywater.org/portal/apps/webappviewer/index.html?id=9c12e4acd60d4e14a4839ce01fcc8b c2.
Initiative #4 - Expand on outreach to “hot spot” flood-prone areas by hosting on-site or virtual events Pointed out that the ArcGIS tool has several layers, including Santa Clara County Low Income Census Tracts (Poverty Zones) and Valley Water Flood Hot Spots. If any community is interested in accessing this information, reach out to Valley Water. We asked the group if there was any overlap of Valley Water’s hot spots versus their jurisdiction’s hot spots? Initiative #5 - Expand on reaching local homeowners associations (HOA)s and apartment associations (i.e., Executive Council of Homeowners [ECHO])
Shared with the group that Valley Water’s Speakers Bureau: Valley Water’s ‘Let's Talk Water: Speakers Bureau Program (https://www.valleywater.org/learning-center/lets-talk-water-speakers-bureau) offers presentations on the history of Valley Water and how we operate and includes information on flood preparedness. Presentations can be customized for groups, as requested.
Steve Golden, City of Los Altos suggested communities could assist with providing contacts for HOA’s and property management companies that interact with renters.
Initiative #6 - Expand on reaching residents in marginal and low-income communities through partnering with organizations that reach these communities (i.e., Second Harvest Food Bank and others) Demonstrated the ArcGIS Disadvantaged Community Application Map Tool Santa Clara County Low Income Census Tracts (Poverty Zones) layer
Initiative #7 - Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas
This is something we could possibly investigate in future years; as was mentioned earlier during the meeting, as part of the Feasibility Study for CRS regionalization in Santa Clara County. The immediate need is us to retain the 280 points for Activity 510 FMP that are currently credited under the 2017 County of Santa Clara Multi-Jurisdictional Hazard Mitigation Plan (MJHMP).
Valley Water and Santa Clara County are looking into Valley Water possibly developing a separate floodcentric FMP rather than including it as part of the update of the County’s 2017 MJHMP. The proposed flood-centric FMP could have a direct tie-in to this initiative; however, it may not include the RLAA element as part of the FMP.
Valley Water has shared some grant opportunities Climate Change Resiliency, CAL Office of Emergency Services (OES) with our Grant’s Team. It was also mentioned, that under Valley Water’s Safe Clean Water, we have some community grants available to cities/county through our Grants Program. 39 Agenda Item # 5.
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Initiative #8 - Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370) This initiative ties in with the ongoing CRS regionalization efforts. We will see what recommendations come out of the draft Feasibility Study.
Initiative #9 - Develop a region-wide Flood Response Preparations (FRP) messaging plan Demonstrated an electronic copy of the City of Santa Clara’s FRP. As the PPI Committee has discussed in past meetings, we are still considering using the City of Santa Clara’s FMP as a model for developing a countywide FRP that can be credited uniformly. ISO indicated this approach would likely be credited regionally.
● Discussed usage of Flood Event Kits that Valley Water provided to all communities at the end of October – early November 2022. We requested that communities share these flood preparedness resource materials with other appropriate departments within their organization. ● Provided a status update on the Feasibility Study for CRS Regionalization in Santa Clara County. Discussed the Multi-Jurisdictional Floodplain Management Plan (MJFMP) that Valley Water, its consultant, Tetra Tech, and all Santa Clara County communities will develop. This MJFMP will be a flood-centric FMP and separate from the update to the County of Santa Clara’s 2017 Multi-Jurisdictional Hazardous Mitigation Plan (MJHMP). ● Reminded all CRS communities to review their flood information landing page monthly and to verify all links are valid and annually to ensure content is still relevant and current to comply with CRS Activity 350 - Flood Protection Information, Element c), Flood Protection Website, from the CRS Coordinator's Manual, CRS. They were also reminded to ensure their flood resources landing page re-directs to Valley Water’s Flood Ready landing page, ValleyWater.org/FloodReady, FEMA’s floodsmart.gov and ready.gov.
At the May 16, 2023, meeting, a draft 2021 PPI FY23 Annual Evaluation Report was briefly shared with the communities. The PPI Committee discussed that the FY22 Annual Evaluation Report was used as the starting basis for the FY23 Annual Evaluation Report. We reminded communities that the annual evaluation report will be due as part of communities’ annual CRS recertification package, which will be due on August 1, 2023, or during scheduled 5-year cycle visits (for Cities of Santa Clara, Palo Alto, Sunnyvale, and Mountain View) which are tentatively scheduled to be conducted in November 2023.
Valley Water Communications staff presented an overview of the 2022-2023 Flood Awareness Campaign, including the annual FPM that was mailed in November 2022 to all addresses in the FEMA Special Flood Hazard Area (SFHA) and was also sent to city/town/county managers, public works and planning directors, and communities’ staff at the end of December 2022.
Additionally, Valley Water Communications staff and their consultant, Probolsky Research, shared the FY23 post-campaign polling results the PPI Committee. It was determined that future flood awareness campaigns have an opportunity for expanded outreach to renters of both single-family homes and multi-family units, as well as providing localized historical flood information and outreach materials in public spaces. The FY24 Flood Awareness Campaign approach was discussed.
Valley Water shared the status on the Feasibility Study for regionalizing the CRS program in Santa Clara County.
We are shared that Valley Water will be leading a flood-centric Multi-Jurisdictional Floodplain Management Plan (MJFMP) in lieu of including CRS requirements as part of the update of the County of Santa Clara’s 2017 MultiJurisdictional Hazard Mitigation Plan (MJHMP).
There was discussion regarding forming a separate working group for communities scheduled to be cycled in November 2023 (Cities of Mountain View, Palo Alto, Santa Clara, and Sunnyvale). Valley Water will first meet with Marlene Jacobs, ISO CRS Specialist assigned to all Santa Clara County communities, to see what Valley Water can provide to streamline the document process for activities we perform that are creditable under the CRS program, and which said credit transfers to the CRS communities. In the July/August 2023 timeframe, a coordination meeting between Valley Water, ISO, and the communities scheduled to be cycled will be set up.
Valley Water CRS staff shared information on the Department of Water Resources (DWR) statewide agency coordination calls scheduled to begin by late June – early July 2023. The DWR calls lead up to the California Flood Preparedness Week (CFPW) held each October annually (specific dates for October 2023 to be announced). We 40 Agenda Item # 5.
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shared Valley Water's experience participating in these calls, including the benefits of learning about CFPW, what other agencies throughout the state are doing, ways to participate, setting up lobby displays for the public, and accessing available resources for public events. All communities were strongly encouraged to participate this year, including presenting a resolution (Valley Water’s template available upon request) to their city councils to adopt CFPW and to forward information to other staff that can help promote flood-preparedness.
We also discussed the usage of the Flood Event Kits that Valley Water provided to all communities in late 2022. Communities were encouraged to use the Flood Event Kits at various city-hosted events, safety fairs, etc., where flood preparedness messaging and materials are shared with residents. These resources will ensure our messaging and information on how to ‘Get Flood Ready’ is uniformed throughout the county.
The group was asked if there was interest in Valley Water, in coordination with the California State Department of Water Resource (DWR), hosting CRS/ISO training required for Certified Floodplain Managers (CFMs) for their continuing education credit requirement. The group expressed interest; Valley Water will work with Robert Lampa of DWR to explore options to bring a four-day training course to California (possibly Valley Water’s facility) sometime in early 2024.
We reviewed actions needed to complete the development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report, FY 23 (Year 2: July 2022 to June 2023). This annual evaluation report is the second report for the 2021 PPI which documents our collective outreach project activities.
VI. FUTURE MESSAGING – Other New Initiatives
The PPI Committee identified several opportunities to expand on existing initiatives and initiate new ones as follows:
1. Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills yearly, including PG&E.
2. Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information.
3. Expand on outreach to the Asian and Latino communities who live in flood-prone areas.
4. Expand on outreach to ‘hot spots’/flood-prone areas by hosting on-site or virtual public events.
5. Expand the reach to local homeowners associations (HOA)s and apartment associations (i.e., Executive Council of Homeowners [ECHO]).
6. Expand the reach to residents in historically underserved and low-income communities through partnerships with organizations that serve these communities (i.e., Second Harvest Food Bank and others).
7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas.
8. Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).
9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.
The messages that the PPI Committee originally chose are still relevant to Santa Clara County. The committee will continue to increase its efforts to encourage people to prepare personal/family emergency plans and be Flood Ready. This will be incorporated into the flood preparedness outreach starting every fall. The PPI Committee will also continue coordinating efforts with Valley Water’s Education Outreach Program to promote flood preparedness in local schools.
The PPI Committee recommends continued use of social media for messaging. Mobile usage among individuals has increased exponentially over the years, and online platforms are rapidly adjusting to mobile-friendly standards. This provides an excellent opportunity to modernize campaign ad efforts by utilizing social media and digital advertising to increase exposure and reach more residents in Santa Clara County. Furthermore, these modern advertising methods allow for specialized demographic targeting to reach a narrow and defined audience, improving the ability to reach vulnerable populations effectively.
In support of our preparedness messaging, the PPI Committee will continue to promote the importance of having family emergency plans and kits ready before an emergency/flood event occurs.
The PPI Committee will continue to promote the American Red Cross All-Hazard App which monitors alerts for 41 Agenda Item # 5.
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severe weather, including floods, and the Floodsmart.gov and Ready.gov websites. The communities will distribute American Red Cross Emergency Contact Cards at events throughout the county.
VII. CONCLUSION
Overall, the CRS Users Group/PPI Committee successfully implemented the 2021 PPI in FY23. The 2021 PPI allowed PPI Committee members to mutually decide which flood risk reduction messages are most appropriate for our residents and identified how to effectively deliver these messages. The objectives of participating in the 2021 PPI are to enhance the effectiveness of the flood risk messages to residents, reduce flood risks within Santa Clara County, and to earn valuable CRS credit points when identified outreach projects are implemented.
The CRS Users Group/PPI Committee will continue their outreach efforts through FY24. ________________________________________________________________________________________ Attachments for submission to Valley Water Board, City Councils/Managers, and FEMA as part of 2023 Annual Recertification/5-year Verification Package, as required:
1. Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee
2. Appendix A from 2021 SC County Multi-Jurisdictional PPI noting FY23 Project Accomplishments
3. March 21, 2023, Santa Clara County CRS Users Group Meeting Agenda** 4. March 21, 2023, Santa Clara County CRS Users Group Meeting Attendance Sheet
5. May 16, 2023, Santa Clara County CRS Users Group Meeting Agenda**
6. May 16, 2023, Santa Clara County CRS Users Group Meeting Attendance Sheet ** Meeting minutes are included in Section V of this report. 42 Agenda Item # 5.
Table 1. Original Members of the Santa Clara County Multi-Jurisdictional 2021 PPI Committee Community Local Government
Representative and Alternates External Stakeholders
County of Santa
Clara
Chris Freitas, Sr. Civil Engineer
Neville R. Pereira, PE, Development Services Manager,
Department of Planning and Development, Floodplain
Manager
Marsha Hovey, CADRE Board Chair
Cupertino Chad Mosley, Assistant Public Works Director/City Engineer, Public Works Department, Floodplain
Manager
Jennifer Chu, Senior Civil Engineer
Public Works Department
Jim Oberhofer, Emergency Coordinator
Cupertino ARES/RACES
Gilroy Gary Heap, City Engineer
Public Works Department
Jorge Duran, Senior Civil Engineer, Floodplain Manager
Public Works Department
Merna Leal, City of Gilroy resident
Los Altos Steven Golden, Senior Planner, Floodplain Manager Andrea Trese, Associate Civil Engineer
Christopher Wilson, Operations Manager,
Los Altos Suburban District, California Water
Company
Los Altos Hill Carl Cahill, City Manager, Floodplain Manager Nichol Bowersox, Public Works Director/
City Engineer
Christine Hoffmann, Assistant Engineer (DPW)
Phil Witt, General Manager Purissima Hills
Water District
Los Gatos WooJae Kim, P.E, Town Engineer
Parks and Public Works, Floodplain Manager
Annamaria Swardenski, Swardenski
Consulting
Milpitas Steven Erickson, City Engineer/Engineering Director, Floodplain Manager
Kan Xu, Principal Civil Engineer,
Engineering Land Development Section
Brian Petrovic, Associate Civil Engineer
Engineering Land Development Section
Elizabeth Koo, Administrative Analyst, Engineering Land Development Section
Warren Wettenstein, Chairman of the
Economic Development & Trade
Commission and President of the Milpitas
Chamber
Morgan Hill Maria Angeles, Senior Civil Engineer, Floodplain Manager, CFM
Charlie Ha, Supervising Civil Engineer
Engineering & Utilities Department
Swanee Edwards, City of Morgan Hill
resident
Mountain View Renee Gunn, Senior Civil Engineer, Public Works Department
Gabrielle Abdon, Assistant Engineer, CFM
Kevin Conant, PG&E
Palo Alto Rajeev Hada, Project Engineer, CFM
Public Works Department, Engineering Services Division, Floodplain Manager
Dan Melick, CERT Volunteer
City of Palo Alto resident
San Jose Arlene Lew, Principal Engineering Technician
Vivian Tom, Senior Transportation Specialist
Department of Public Works Development Services
Division
Shari Carlet, City of San Jose resident,
certified Floodplain Manager
Santa Clara Evelyn Liang, Senior Civil Engineer
Falguni Amin, Principal Engineer
Public Works – Engineering
Kevin Moore, Retired City Council member
Saratoga David Dorcich, PE, QSP/D, Associate Civil Engineer, Community Development Department, Floodplain
Manager
Rebecca Gallardo, Real Estate Agent for
Intero, a Berkshire Hathaway Affiliate,
servicing all areas of the Bay Area
Sunnyvale Tamara Davis, Senior Management Analyst Jeff Holzman, Director, Real Estate District Development Google
Agnes Veith, City of Sunnyvale resident
Valley Water Trisha Howard, Program Administrator
Paola Giles, Public Information Representative III
Sherilyn Tran, Office of Civic Engagement Unit Manager
Nikki Rowe, American Red Cross
Note: Since the development of the 2021 PPI there may have been changes to a community’s 2021 PPI Committee members (either the local government representatives and/or the external stakeholders). Those member changes are noted on the meeting attendance sheets.
ATTACHMENT NO. 1
43 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
Community At Large
(CAL)
- Multilingual
Communities
- Groups with Special
Evacuation Needs
- New Residents,
Visitors and Tourists
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Educate our community
on flood protection and
preparedness measures
(VW OP #01) Multi-language Countywide Mailer (CWM) to every postal address in Santa Clara County (Topics 1-5 and 7, 8)
Valley Water
Communications
Each late
October or
November
All Santa Clara
County CRS
Communities
Valley Water’s FY23 Countywide Mailer (CWM) included
a ‘Floods Can Follow Droughts’ section and was sent
starting November 8 through 18, 2022, countywide to
744,025 addresses (USPS: ECRWSS ‐Extended/Enhanced
Carrier Route Walking Sequence Saturation Postal
Customer). The CWM includes flood protection and
preparedness measures information, knowing your
flood risk, getting flood insurance, developing an
emergency plan and kit, protecting your home from
flood threats, signing up for AlertSCC and the American Red Cross Disaster Emergency App, and understanding
shallow flooding – Turn Around Don’t Drown®.
https://s3.us-west-1.amazonaws.com/valleywater.org.u
s-west-1/s3fs-public/2022-10-26_Drought%20Countywi
de%20Mailer.pdf
All Santa Clara communities support and promote Valley
Water’s outreach projects.
(VW OP #02) Distributes a soft copy of our Flood Safety Tips brochure for all SCC CRS communities’ use (print hard copies to distribute at events and/or post of flood preparedness webpages) (Topics 1-9)
Valley Water
Communications
Annually,
November/
December
All Santa Clara
County CRS
Communities
Multilingual postcards that included the 9 CRS topics and supporting messages, and links to various flood
readiness/preparedness webpages were produced and
distributed to all Santa Clara County communities, including CRS communities, in early January 2023.
Additionally, in mid-November 2022, Valley Water’s
2022-2023 Flood Awareness Outreach Partner Social Media Toolkit, “Our Climate Has Changed,” which included the
postcards, were made available for download to all
partnering agencies.
The toolkit includes the following items which contained messages for all nine flood awareness tips (PPI CRS message topics) for all Santa Clara County communities to use:
● Key flood outreach messages,
● SFHA floodplain mailer (multilingual)
3 A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting. 2 Each September, all deliverables need to be reported to Valley Water for tracking purposes. 1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 – Protect people from the flood hazard; Topic 4 – Protect your property from the hazard; Topic 5 – Build responsibly; Topic 6 – Protect natural floodplain functions; Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” Flood Response Preparations (FRP): What to Do Before, During and After a Flood/Storm 1 ATTACHMENT NO. 2
44 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
● ‘Are You Flood Ready?’ Postcard
● Flood Awareness ‘Our Climate Has Changed”
(dated 11/2022) double-sided flyer (multilingual)
for digital use and print
● Digital multilingual ads (web and social media
graphics)
● Videos,
● Flood Awareness text, tips, and URLs
(multilingual), and
● Flood Can Follow Droughts 2001-2023 Timeline
Cupertino distributes copies of Valley Water’s Flood Safety Tips at various fairs/events (i.e., Earth Day Festival) and provides additional copies for the public on display at City Hall. Cupertino also has a direct link to Valley Water’s annual mailer and Flood Ready webpage on the City’s
“Floodplain Management” webpage.
Los Altos distributes brochures available at City Hall, library, and community center. They are also distributed at
community events (emergency training, wine stroll, etc.).
Morgan Hill hosted ‘National Night Out’ on August 2, 2022.
Flood preparedness information (Valley Water floodplain mailer, red ‘Get Flood Ready’ which includes an emergency supply list tote bags, etc.) were distributed.
Mountain View promotes and distributes Valley Water’s
Flood Safety Tips and emergency kits at fairs (i.e., Earth Day Celebration). Valley Water’s flood safety brochures are available at city hall.
Palo Alto promotes and distributes Valley Water’s Flood Safety Tip and emergency kits at fairs (i.e., Earth Day Festival) and provides as an informational item on Utility Inserts sent every year. Valley Water’s flood safety
brochures are available at city hall.
The City of Santa Clara has hard copy brochures available at city hall and central library. They are distributed at the yearly art & wine festivals as well.
All Santa Clara communities support and promote Valley
Water’s outreach projects.
2 ATTACHMENT NO. 2
45 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
(CUP OP #03) Flood notice in the local newsletter, “The Cupertino Scene” (Topics 1-9)
City of Cupertino Each October
or November
issue
N/A Cupertino published the annual flood preparation article in the October 2022 issue of “The Cupertino Scene”.
(LA OP #04) Two (2) newspapers ads, in the Los Altos Town Crier (Topics 1-5) City of Los Altos Each fall N/A Los Altos published two newspaper ads titled “Assess Your Flood Risk and Flood Insurance Availability” on 10/5/22 and on 10/19/22 in the Los Altos Town Crier.
(LAH OP #05) The town’s “Our Town” quarterly newsletter includes information on flood preparedness. The newsletter is mailed out town-wide and is also available online on the town’s website (Topics TBD during cycle visit) Town of Los Altos
Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(LAH OP #06) The town distributes various flood preparedness and safety materials at events, including Valley Water’s annual floodplain mailer and promotional item (e.g., emergency starter kits, Get Flood Ready Emergency Supply Checklist tote bags, etc.), FEMA flood insurance information, ReadySCC, and American Red Cross Flood apps, AlertSCC, sandbag guidelines, flood protection project-specific notices, FEMA NFIP materials, and preparedness activity/coloring books, etc.) to the public
Town of Los Altos
Hills
Annually,
spring and late
summer
N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(MIL OP #07) “Flood Public Advisory” brochure to community at large (Topics 1-6) City of Milpitas Each December or
January
N/A Milpitas: A utility bill insert was sent to every address in Milpitas on 11/16/22. This was sent out in four languages (English, Vietnamese, Spanish, and Chinese).
(MH OP #08) Sends a citywide “Flood Report” brochure (Topics 1-9) City of Morgan Hill
Annually, close
to or during
the start of the
rainy season
N/A It is anticipated that the City of Morgan Hill will mail out citywide the “2023 Flood Report” in late June 2023 or
sometime in July 2023.
(MV OP #09) Sends “The View” citywide newsletter, Winter version, includes information on flood risk, flood safety, and the importance of buying flood insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View’s publications have been updated. This year in March 2023 after a large round of storms we provided information (link to webpage, reporting flooding, sandbags) in the “City Hall Connection” which is sent to all registered users in the city.
(MV OP #10) Mails a utility bill insert to all resident and businesses that contains information on flood risk, flood safety, and the importance of buying flood insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready flier as a utility billing insert to every City utility customer in December 2022.
(PA OP #11) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities insert) to all residents and businesses in the City, along with their utility bills (Topics 1-9)
City of Palo Alto Each Fall N/A Palo Alto sent “Are You Ready for Winter Storms?” fliers to all residents and businesses along with their utility bills in October 2022. The social media ad campaign (i.e. Facebook, Instagram, Nextdoor) was also included in the utility bills that went out in October 2022.
(PA OP #12) Sends out utility announcement, “Anytime it can rain, it can flood.
Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent a utility announcement as an informational announcement on utility bills went out in December 2022.
Effective FY 23, the City’s Public Works Department has 3 ATTACHMENT NO. 2
46 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
shifted from the March/April time frame of this
announcement, to December each year.
(PA OP #13) The city distributes various flood preparedness and safety documents, including FEMA NFIP materials for public/policyholders City of Palo Alto Year Round N/A Palo Alto distributed flood preparedness documents, including the emergency starters kit, to the local libraries and also made informational materials available in the HQ lobby.
(SC OP #14) Mails out a citywide newsletter for residents and businesses called “Inside Santa Clara” (Topics 1-9)
City of Santa Clara Each fall N/A Santa Clara: Citywide newsletter was sent to residents and is available on the city website in November 2022.
Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and
communities Flood
Protection Resources
webpage
____________________
__
These website projects
are credited under
Activity 350 – Flood
Protection Information,
element c). Flood
protection website
(WEB),
not credited under
Activity 330
Note: To receive any
WEB credit, the
community’s website
must meet the following
criteria:
The community must
check the website’s links
at least monthly, and fix
those that are no longer
accurate. At least
annually, the community
must review the content
to ensure that it is still
current and pertinent
(VW OP #15) Flood Ready webpage: Flood & Safety, Flood Protection Resources, includes floodplain and countywide mailers
https://www.valleywater.org/floodready
Valley Water Year Round All Santa Clara
County CRS
Communities
Valley Water’s flood protection resources landing page
includes the most current version of the annual floodplain mailer “Our Climate Has Changed - Be Aware, Be Prepared, Take Action”(dated 11/22
https://online.flipbuilder.com/tkap/tmie/) and “Floods Can Follow Drought” countywide mailer (dated 10/2022
https://s3.us-west-1.amazonaws.com/valleywater.org.us-w est-1/s3fs-public/2022-10-26_Drought%20Countywide%20
Mailer.pdf ), and “You Live in a Flood Zone, Make Sure You Are Ready. Do You Know What to Do Before, During, and
After a Flood”’ trifold (dated 12/2022
https://online.flipbuilder.com/tkap/zmox/).
Cupertino’s “Floodplain Management” webpage has a link
that redirects to Valley Water’s Flood Ready landing page.
Gilroy’s “Flood Management” and “Emergency
Preparedness” web pages link to Valley Water’s Flood ready landing page.
Los Altos’ “Floodplain Management Information” web page links to Valley Water’s Flood Ready web page.
Morgan Hill’s “Floodplain Management” landing page
redirects to Valley Water’s Flood Ready landing page.
Palo Alto’s “Flood Information and Winter Storm
Preparedness” webpage redirects to Valley Water’s Flood Ready landing page.
City of Santa Clara’s “Flood Protection Information” web page redirected to Valley Water’s Flood Ready page.
All Santa Clara communities flood protection resource
landing pages redirect to Valley Water’s Flood Ready
landing page.
4 ATTACHMENT NO. 2
47 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
(ALL OP #16) All communities’ website flood protection resources webpage includes language that contains the three additional PPI priority messages noted below:
7. Develop an emergency plan
8. Download disaster apps
9. Understand shallow flooding risks––don’t drive through standing water All Santa Clara
County
Communities
Year Round N/A Valley Water’s flood protection resources landing page includes the top 6 CRS priority topic messages, as well as the 3 additional messages identified in the 2021 PPI (page 45).
Cupertino’s “Floodplain Management” webpage has a link
to Valley Water’s annual mailer which includes the CRS 9 topics.
Gilroy’s “Emergency Preparedness”' webpage redirects to Valley Water’s Flood Ready landing page, ‘9 Essential Tips to Get Flood Ready.’ Our Emergency Preparedness page also
includes topics 7, 8, and 9.
Morgan Hill’s “Flood Information, Floodplain Management” webpage includes a link to the “2021 Flood Report” that includes the CRS 9 topics.
Palo Alto’s utility insert includes all three additional PPI priority messages, and the Flood Information and Winter Storm Preparedness website has a link to the utility insert which shows the three additional PPI.
City of Santa Clara’s “Flood Protection Information” web page includes resources for preparedness.
(SCC OP #17) Hosts a “Storm and Flood Information and Resources” webpage available for all residents in the county, includes re-directing to www.floodsmart.gov https://www.sccgov.org/sites/opa/Pages/storm.aspx Santa Clara County
Office of Public
Affairs
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #18) Hosts a “Flood Safety Information” webpage, includes re-directing to www.valleywater.org/floodready https://cpd.sccgov.org/flood-safety-information Santa Clara County
Consumer
Protection Division
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #19) Hosts a “Be a Prepared Community Member” webpage that includes emergency preparedness information
https://emergencymanagement.sccgov.org/be-prepared-community-member Santa Clara County
Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #20) Hosts a “People with Access and Functional Needs (AFN)” webpage https://emergencymanagement.sccgov.org/people-access-and-functional-needs-a fn
Santa Clara County
Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
5 ATTACHMENT NO. 2
48 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
(CUP OP#21) Hosts a “Citizen Preparedness” webpage that includes emergency preparedness information, includes re-directing to Valley Water’s www.valleywater.org/floodready webpage
https://www.cupertino.org/residents/community-services-programs/emergency-s ervices/citizen-preparedness
City of Cupertino
Office of
Emergency
Services
Year Round N/A Cupertino has archived the “Citizen Preparedness” webpage and created a new “Floodplain Management”
webpage:
https://www.cupertino.org/our-city/departments/public-w orks/permitting-development-services/floodplain-manage
ment
(GIL OP #22) The city hosts an “Emergency Preparedness” webpage Emergency Preparedness | Gilroy, CA - Official Website (cityofgilroy.org) (listed in Appendix B) City of Gilroy
Fire Department
Year Round N/A Gilroy continues to maintain an “Emergency Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready landing page, the National Weather Service
webpage, Ready.gov, FloodSmart.gov, and the City’s Flood Management webpage. The Emergency Preparedness
webpage is reviewed once a month and updated as needed. (LA OP #23) The city’s Public Works Department hosts a ‘Flood Zone Information’ webpage on its website (listed in Appendix B)
https://www.losaltosca.gov/publicworks/page/flood-zone-information City of Los Altos
Public Works
Department
Year Round N/A Los Altos’ webpage is updated as needed. The webpage URL is:
https://www.losaltosca.gov/publicworks/page/floodplainmanagement-information (LAH OP #24) The town hosts a “Flood Information” webpage on the town’s website. This webpage includes information on the PPI nine topics, including a supporting message. The webpage redirects to the following key resource websites: www.valleywater.org/floodready, www.floodsmart.org, www.ready.gov, and www.weather.gov
Town of Los Altos
Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS participating community
(LG OP #25) The town’s website encourages residents and businesses to purchase flood insurance and redirects visitors to www.floodsmart.gov Town of Los Gatos Year Round N/A Town of Los Gatos: No update available - non-CRS participating community
(MIL OP #26) The city’s’ website has a “Flood Information” webpage that contains information on several of the PPI message topics; the webpage also redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov, www.Ready.gov, and USGS webpages
The city’s website also has a “Important Flood Hazard Information” webpage that contains information on several of the PPI message topics; the webpage also redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov (listed in Appendix B)
https://www.ci.milpitas.ca.gov/milpitas/departments/engineering/flood-informat ion/
City of Milpitas
Engineering
Department
Year Round N/A Milpitas: On-going.
Link:
https://www.ci.milpitas.ca.gov/milpitas/departments/engin eering/flood-information/
(MH OP #27) The city’s website has a “Flood Information, Floodplain Management” webpage that contains city’s flooding information which redirects to their Floodplain Management page and includes a link to the city’s latest annual “Flood Report.” The webpage redirects Valley Water’s flood ready webpage and also contains FEMA flood information
http://www.morgan-hill.ca.gov/747/Flood-Information
City of Morgan Hill
Engineering Land
Development
Year Round N/A Morgan Hill’s “Flood Information, Floodplain Management” webpage will be updated to include a link to the “2023
Flood Report” brochure.
6 ATTACHMENT NO. 2
49 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
Floodplain Management | City of Morgan Hill, CA - Official Website (MH OP #28) The city’s website has an “Emergency Preparedness’ webpage (listed in Appendix B) http://www.morgan-hill.ca.gov/133/Emergency-Preparedness City of Morgan Hill
Police Department
Year Round N/A Morgan Hill continues to maintain its “Emergency Preparedness” landing page.
The Emergency Preparedness landing page promotes “Do
1 Thing” a 12-month program with a goal of assisting the community to be better prepared for emergencies and
disasters. This information was also included in the “Weekly 411.”
(MV OP #29) Hosts a “Flood Protection and Insurance Information” webpage on its website (listed in Appendix B)
www.mountainview.gov/depts/pw/flood_protection.asp
City of Mountain
View Public Works
Department
Year Round N/A City of Mountain View’s “Flood Protection and Insurance Information” web page includes resources for
preparedness.
(PA OP #30) Hosts a “Floodplain Management” webpage (listed in Appendix B) https://www.cityofpaloalto.org/gov/depts/pwd/stormwater/floodzones.asp City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto continues to host the “Floodplain Management” webpage that has all relevant information regarding flood plain management topics.
(PA OP #31) Hosts a “Flood Safety Tips” webpage www.cityofpaloalto.org/storms; flood_safe_11-16.cdr (cityofpaloalto.org)
City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto continues to host the “Flood Information and Winter Storm Preparedness Webpage” which has links to
the “Flood Safety Tips” flier under ‘Before the Storm
Additional Information.’
(PA OP #32) Hosts a ‘Creek Monitor’ webpage (listed in Appendix B) https://www.cityofpaloalto.org/gov/depts/pwd/creek_monitor/default.asp City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto continues to host the real time creek monitor webpage that warns residents of imminent danger of
flooding.
(PA OP #33) Hosts a “Flood Information and Winter Storm Preparedness” web page which contains useful information for flood readiness (listed in Appendix B) https://www.cityofpaloalto.org/services/public_safety/flood_information_winter _storms/default.asp
City of Palo Alto
Office of
Emergency
Services
Year Round N/A Palo Alto continues to host the “Flood Information and Winter Storm preparedness” website has useful
information on flood preparedness for before storm, during storm and after storm.
(SJ OP #34) The city’s webpages includes a “Flood Hazard Zones” webpage which includes information of flood preparedness
https://www.sanjoseca.gov/your-government/departments/public-works/develo pment-services/floodplain-management
City of San Jose
Public Works,
Development
Services
Year Round N/A San Jose: Website includes flood zone and flood smart information. Updated link:
https://www.sanjoseca.gov/your-government/departments
-offices/public-works/development-services/flood-hazard-z one
(SC OP #35) The city’s “Flood Protection Information” webpage contains valuable information on flood related topics
https://www.santaclaraca.gov/our-city/departments-g-z/public-works/engineerin g/flood-protection (also listed in Appendix B)
City of Santa Clara Year Round N/A Santa Clara: Website is updated and maintains flood topic information
(SAR OP #36) The city’s website encourages residents/businesses to purchase flood insurance and redirects visitors to www.floodsmart.gov City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SAR OP #37) The city has a “Staying Safe, Winter Storms” webpage. They have also linked the city’s Winter Storms webpage to Valley Water’s Flood Ready webpage https://www.saratoga.ca.us/218/Winter-Storms
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
7 ATTACHMENT NO. 2
50 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
(SUN OP #38) The city has a “Flood Protection” webpage Sunnyvale, CA - Flood Protection (listed in Appendix B)
City of Sunnyvale Year Round N/A Sunnyvale: The City continues to maintain its flood protection website.
Topics 1-9 and supporting messages
Flood Awareness Media Campaign, including social media
Educate our community
on flood protection and
preparedness measures
(VW OP #39) Conducts a flood awareness media campaign, reaching the community at large, including our multilingual community. Many of the Santa Clara County CRS Communities recognize Valley Water’s Flood Awareness Campaign and link it on their community’s flood information web page and redirect to Valley Water’s Flood Ready webpage (Topics 1-9) Campaign features social media videos and postings on various platforms (i.e., Facebook, Twitter, Instagram, Nextdoor, etc.), digital banners, newspaper advertorials, radio ads, billboards, utility bill inserts for communities to use, communities redirect to ValleyWater.org/FloodReady and television/mobile ads targeting residents who live in flood-prone areas and multilingual ethnic communities
Valley Water
Communications
Annually, for
the duration of
the rainy
season,
typically from
November to
April
All Santa Clara
County CRS
Communities
The Flood Awareness Campaign lasted four months, from
mid-November 2022 to February 2023. The paid
advertisement campaign cost a total of $330,000.
Valley Water’s FY23 Annual Flood Awareness Campaign
continued the shift from general digital and public space advertising to a series of direct mailings to the 51,120 homes and businesses in Santa Clara County's FEMA SFHA.
As part of Valley Water’s FY23 Flood Awareness Campaign, Valley Water sent two separate targeted mailers to all
homes and businesses in or near a high-risk flood area, as designated by the FEMA SHFA. The mailers were
multilingual (English, Spanish, Chinese, and Vietnamese) and are posted on Valley Water’s website.
1. Annual Floodplain Mailer (FPM) - Valley Water’s
multi-language (English, Spanish, Chinese, and
Vietnamese) annual FPM “Our Climate Has Changed -
Be Aware, Be Prepared, Take Action” (dated 11/22)
mailed on November 28, 2022.
https://online.flipbuilder.com/tkap/tmie/
2. Trifold “You Live in a Flood Zone– Make Sure You Are Ready. Do You Know What to Do Before, During, and
After a Flood?” mailed on
January 6, 2023.
https://online.flipbuilder.com/tkap/zmox/
Additionally,, ‘Are You Flood Ready?’ multilingual
postcards that included the 9 CRS topics and supporting messages, and links to various flood
readiness/preparedness webpages were produced and
distributed.
https://www.valleywater.org/are-you-flood-ready
Requested copies of the FPM, postcards and trifold mailers were sent to all Santa Clara County cities and county
Public Works and Planning Departments.
In mid-November 2022, Valley Water’s 2022-2023 Flood
Awareness Outreach Partner Social Media Toolkit “Our
Climate Has Changed,” was made available for download to all partnering agencies, including CRS communities. The 8 ATTACHMENT NO. 2
51 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
toolkit provided links to the multilingual floodplain mailer, Flood Can Follow Droughts 2001-2023 Timeline, ‘Are You
Flood Ready?’ postcard, and social media graphics and
videos, that included messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use.
https://www.dropbox.com/s/p438zrw8lwi614r/Flood%20A
wareness%202022-2023%20Partner%20Toolkit.pptx?dl=0.
During FY23, Santa Clara County experienced a drought
emergency. Valley Water’s annual FPM reminded
everyone that flooding can happen anytime it rains, and that climate change has made extreme weather the new
normal. Drought conditions can harden the ground and
increase run-off to streams and creeks during the first few days of heavy rain, increasing the risk of flooding. In addition, the flood mailer showcased Valley Water's
ongoing flood protection projects in areas susceptible to flooding.
In FY23 the FPM featured a QR code, a cling with
important flood safety websites, a detachable emergency phone list, photos of our most recent flood protection
projects and a graphic image displaying how historical
floods have followed droughts in Santa Clara County (see below attached “Santa Clara County Floods & Droughts
Timeline [2001-2023]).
Valley Water also deployed a small-scale multilingual social media campaign, with the slogan "Flooding can happen
during a drought," on social media and web platforms. The campaign launched in Winter FY23, starting with the
season's first rains, and continuing through March 2023.
At the May 16, 2023 CRS Users Group/PPI Committee
Meeting, Adam Probolsky shared the FY 22-23
post-campaign polling results.
● 39% recalled receiving mail with information about
flood safety (59% in 2021-22).
● 64% are confident they have taken all necessary
precautions to protect themselves from floods
(76% in 2021-22).
● 43% rate the job Valley Water is doing at keeping them informed as excellent, good, or fair
(61% in 2021-22).
9 ATTACHMENT NO. 2
52 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
● 48% is aware that their home is located in a food zone awareness over last year
(56% in 2021-22).
● 39% of respondents clearly understood Valley Water’s
three main calls to action to be Flood Ready [develop an emergency plan, build an emergency kit, and get flood
insurance] (58% in 2021-22).
● 39% respondents have flood insurance; 15% of renters
polled, have insurance (51% in 2021-22).
The results above demonstrate an effective campaign that is less expensive than general advertising, yielding a savings of approximately $150,000 with more robust results. We
will continue with targeted mailings to the FEMA SFHA as our outreach strategy for the flood awareness campaign
rather than targeted advertising.
All Santa Clara communities support and promote Valley
Water’s outreach projects.
Los Altos included an insert provided by Valley Water to all residents and businesses via a refuse collection bill insert in November 2022 (non-residential) and January 2023
(residential).
Morgan Hill’s flood preparedness outreach efforts for FY23 are listed below:
● August 2, 2022 - Hosted ‘National Night Out.’ Flood
preparedness information (Valley Water floodplain
mailer, red ‘Get Flood Ready’ which includes an
emergency supply list tote bags, etc.) were distributed. ● September 2022 - Announced in its Weekly 411 that
September was National Emergency Preparedness
Month.
● October 2022 - Starting in June 2022, began
participating in the ongoing statewide agency
coordination calls that led up to California Flood
Preparedness Week held during the week of October
22-29, 2022. The City also supported Valley Water’s
efforts throughout the month of October 2022
promoting flood preparedness.
● January 2023 - Included information regarding
flooding and weather precautions via the “Weekly
411.” Additionally, later in the month, another
“Weekly 411” included information on signing up for
Alert SCC and information on flood preparedness.
10 ATTACHMENT NO. 2
53 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
● March 2023 - Promoted “Do 1 Thing” s a 12-month
program with a goal of assisting the community to be
better prepared for emergencies and disasters. This
information was included in the “Weekly 411” and is
also included on the City’s Emergency Preparedness
landing page:
https://www.morgan-hill.ca.gov/133/Emergency-Prep
aredness
(VW OP #40) As part of the flood awareness campaign, a ‘Get Flood Ready, Social Media and Web Resources Guide’ is provided to all cities/county in Santa Clara County for their use as part of their outreach efforts
Valley Water Upon the
completion of
the annual
FPM
All Santa Clara
County CRS
Communities
In mid-November 2022, Valley Water’s 2022-2023 Flood
Awareness Outreach Partner Social Media Toolkit “Our
Climate Has Changed,” was made available for download to all partnering agencies, including CRS communities. The toolkit provided links to the multilingual floodplain mailer, Flood Can Follow Droughts 2001-2023 Timeline, ‘Are You
Flood Ready?’ postcard, and social media graphics and
videos, that included messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use.
https://www.dropbox.com/s/p438zrw8lwi614r/Flood%20A
wareness%202022-2023%20Partner%20Toolkit.pptx?dl=0.
All Santa Clara communities support and promote Valley
Water’s outreach projects.
Los Altos has included links to the flood awareness
campaign web resources in electronic newsletters during the 2022/2023 flood season and on the city’s website.
Morgan Hill’s Public Information utilizes Valley Water’s Get Flood Ready social media and resources as they deem
applicable on any given period.
Palo Alto has Valley Water’s Flood Awareness Campaign
linked on the City’s Flood Information and Winter Storm Preparedness website.
Santa Clara has Valley Water’s Flood Awareness Campaign linked on the City’s Public Works, Engineering, Flood
Protection Information landing page on their website.
(SCC OP #41) Shares Valley Water’s digital social media resource links during the flood season. The “Floods Follow Fires. Are you Ready?” and “Got Sandbags” messages redirect to Valley Water’s website. Messages are used on social media, short form newsletter, short form email, web, and Nextdoor Santa Clara County
Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
11 ATTACHMENT NO. 2
54 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
(CUP OP #42) Recognizes the robust social media campaign led by Valley Water and has linked the city’s main flood preparation webpage to Valley Water’s Flood Ready webpage
City of Cupertino Year Round N/A Cupertino continues to maintain the “Floodplain Management” webpage, including a link that redirects to Valley Water’s Flood Ready webpage.
(GIL OP #43) The city recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage City of Gilroy Year Round N/A Gilroy: The “Emergency Preparedness” and Public Works “Flood Management” webpage both link to Valley Water’s
Flood Ready webpage.
(LAH OP #44) The town recognizes Valley Water’s Flood Awareness Campaign and has linked the town’s main flood webpage to Valley Water’s Flood Ready webpage Town of Los Altos
Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS participating community
(LG OP #45) Recognizes Valley Water’s Flood Awareness Campaign and has linked the Town’s main flood webpage to Valley Water’s Flood Ready webpage Town of Los Gatos Year Round N/A Town of Los Gatos: No update available - non-CRS participating community
(MV OP #46) The city does a social media notification about storm preparation for winter storms ahead of time. The notification directs residents to their “Flood Protection and Insurance Information” webpage. The city has also linked the city’s webpage to Valley Water’s Flood Ready webpage
City of Mountain
View
Year Round N/A Mountain View shared several social media posts before, during and after the major rain events during the winter.
Posts included information on preparation, forecasts for rain events and real time updates on current flooding . (SC FRP #47) City publishes social media posts, on Facebook, Twitter, and other platforms, focused on safety.
The city has prepared a pre-flood plan (FRP) for public information projects that will be implemented before, during, and after a storm/flood, as well as identifying who is responsible for posting these messages, what type of events they apply to, what social media platforms to post to and how often
City of Santa Clara
Office of
Emergency
Services
During the
storm season
N/A Santa Clara: Information was posted on social media for flood awareness week led by City Streets Division
(SJ OP #48) Recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage. Keeps Valley Water’s floodplain mailer static location at City Hall for residents to pick-up and is also distributed at various events throughout the year City of San Jose Year Round N/A San Jose places Valley Water’s FPM at City Hall and their website redirects to Valley Water’s Flood Ready webpage.
The City recognizes and supports Valley Water’s Flood
Awareness Campaign.
(SAR OP #49) Recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SAR OP #50) The city does a social media notification about storm preparation for winter storms ahead of time
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SUN OP #51) The city actively posts flood safety and preparedness messaging through social media platforms (i.e., Facebook and Twitter) City of Sunnyvale
Environmental
Services
During the
rainy season
(October –
March)
N/A Sunnyvale: City staff posted information to Facebook regarding keeping the storm drain clear to prevent clogging. 12 ATTACHMENT NO. 2
55 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
Topics 1-9 and supporting messages
Community Events – Distribute flood preparedness materials to the community
Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and cities
Flood Protection
Resources pages and
improve Valley Water’s
Flood Campaign results
Residents less stress
during emergencies and
better prepared before a
flood event
(VW OP #52) Copies of Valley Water’s multilanguage floodplain mailer is made available to all Santa Clara County CRS Communities to disseminate at various events, including keeping the mailer static in lobby areas for visitors to pick-up.
Valley Water attends various communities’ events/fairs throughout the county and disseminates flood readiness materials, including various FEMA flood-related publications and Valley Water flood ready materials (Topics 1– 9) Valley Water Annually,
September -
May
All Santa Clara
County CRS
Communities
Valley Water’s FY23 Annual Flood Awareness Campaign
continued the shift from general digital and public space advertising to a series of direct mailings to the 51,120 homes and businesses in FEMA SFHA for Santa Clara
County.
Valley Water’s multi-language (English, Spanish, Chinese, and Vietnamese) annual FPM “Our Climate Has Changed -
Be Aware, Be Prepared, Take Action” (dated 11/22) was
mailed on November 28, 2022 to all parcels in the FEMA
SFHA and copies were mailed to all Santa Clara County
cities and county Public Works and Planning Departments in December 2022.
The below table reflects the quantities requested/sent
by/to the agency.
Community Floodplain
Mailer
Postcard
City of Los Altos 50 100
Town of Los Altos Hills 25 150
City of Milpitas 50 25
City of Mountain View 25 25
City of Cupertino 100 100
VW CRS Program 150 300
All other cities/county (10 ct. ) 25 25
The FPM is posted on our website
https://online.flipbuilder.com/tkap/tmie/.
Valley Water’s 2022-2023 Flood Awareness Outreach
Partner Toolkit was made available for download to all
partnering agencies:
https://www.dropbox.com/s/p438zrw8lwi614r/Flood%20A
wareness%202022-2023%20Partner%20Toolkit.pptx?dl=0 .
The toolkit includes the following:
● Key flood outreach messages,
● SFHA FPM (multilingual)
● Flood awareness double-sided flier (multilingual)
for digital use and print,
● Digital multilingual ads (web and social media),
and
● Flood Awareness text, tips, and URLs
(multilingual).
13 ATTACHMENT NO. 2
56 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
Cupertino distributes copies of Valley Water’s Floodplain Mailer at various fairs/events and provides additional
copies for the public on display at City Hall.
Los Altos distributes copies of the Valley Water’s Floodplain Mailer and postcards at City Hall and Community Center
buildings.
Palo Alto distributes Valley Water’s multi-language
floodplain mailer during fairs during Earth Day event and Palo Alto’s Open House every year.
Santa Clara: Fliers and additional information are currently at city hall and public library.
(CUP OP #53) Distributes flood readiness outreach materials at various events/ facilities
City of Cupertino Year Round, as
needed
N/A Cupertino distributes copies of Valley Water’s Floodplain Mailer and other promotional items provided by Valley
Water at various fairs/events and provides additional copies of the mailer for the public on display at City Hall.
(GIL OP #54) Participates in two fair/events: Gilroy Garlic Festival (GF) and city’s Public Works Week Community Open House (PWWCOH)
City of Gilroy End of July
(GF)
Typically, in
May
(PWWCOH)
N/A Gilroy: There was no Garlic Festival (due to the shooting at this festival in July 2019, the City has postponed this event indefinitely) or PWWCOH in 2023, so no materials were
distributed at those events. However, on October 4, 2022, the City hosted National Night Out where flood readiness materials were distributed.
(LAH OP #55) Hosts two events - Earth Day (ED) and the Town Picnic (TP) Town of Los Altos Hills
Annually,
Spring (ED) and
late Summer
(TP)
N/A Town of Los Altos Hills: No update available - non-CRS participating community
(MIL OP #56) Distributes FEMA flood-related publications at various events City of Milpitas Year Round N/A Milpitas: Ongoing. Distributing flood ready kits and information on “Earth Day” which is on April 22, 2023.
(MV OP #57) The city participates Mountain View Art & Wine Festival (MVA&WF) and Thursday Night Live (TNL) and distributes flood preparedness information City of Mountain
View
Each
September
(MVA&WF)
Months of
June/July (TNL)
Valley Water Many events have changed post-COVID. Mountain View attends various events such as Earth Day, Public Works
Week and distributes flood readiness fliers and handouts during these events.
(PA OP #58) Staff hosts a flood readiness table at city’s annual Earth Day (ED) event and at the city Municipal Corporation Open House (MCOH). Upon request, the city also participates in other fairs and promotes flood readiness, including Creekwise mailer/brochure
City of Palo Alto Each April (ED)
and July
(MCOH)
Can vary
depending on
requests made
to City to
support fairs
Palo Alto was not able to host a flood readiness table at the Earth Day Event, however, in substitute to that, the City will host a table at the July 4th event (FY24) and City Municipal Corporation Open House which will be held on July 15,
2024 (FY24). During FY23, the City provided the local library with flood readiness materials, including the emergency starter kits.
14 ATTACHMENT NO. 2
57 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
(SJ OP #59) Staff hosts and participates in the ‘Building Permits and Home Safety Open House.’ The city’s also hosts ‘Pumpkins in the Park’ event which Valley Water staff participates in and promotes flood preparedness City of San Jose Each May and
October
Valley Water San Jose hosts the annual Building and Home Safety Open House. However, this year’s event was on hold due to
COVID-19 pandemic. The Open House is scheduled to be
back on 7/18/23. The City hosted “Pumpkins in the Park” on 10/8/22. Valley Water hosted an information booth and distributed flood preparedness information on flood safety and emergency preparedness materials, including Valley
Water’s annual floodplain mailer.
(SC OP #60) City hosts a flood readiness table at the Art & Wine Festival. Valley Water also sponsors a table at the festival promoting flood preparedness and distributes various flood readiness materials to the community City of Santa Clara Each
September
N/A Santa Clara: Flood readiness table was set-up at Arts & Wine Festival September 2022. Flood promotional packets and fliers provided by Valley Water were distributed to visitors.
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
Less damage due to the
floods; improve sandbag
distribution
Fewer accidents and
rescues
(SUN OP #61) City has permanent “Road May Flood” street signs in areas of the City prone to flooding and promotes the “Flood Zone Look Up” featured on the city’s website
City of Sunnyvale Year Round N/A Sunnyvale: Ongoing. City staff still promote the use of the “Flood Zone Lookup.”
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Increase in inquiries on
retrofitting measures.
Decrease the number of
repairs and elevations
without permits.
Increase number of
repairs with permits
Ensure people who are
interested in protecting
their property from
flooding are getting the
help they need
Keep families safe
(CUP OP #62) The city offers Flood Protection Assistance, Property Protection Advice. Staff provides in-person flood risk consultation at the front counter and/or site visits when requested
City of Cupertino Year Round N/A Cupertino: Ongoing. The City maintains a log of FEMA-related requests.
(MIL OP # 63) The city offers Flood Protection Assistance, Property Protection Advice and provides in-person flood risk consultation at the front counter City of Milpitas Year Round N/A Milpitas: Ongoing. City maintains logs of FEMA-related requests.
(SC OP #64) The city offers Flood Protection Assistance, Property Protection Advice
City of Santa Clara Year Round N/A Santa Clara: On-going per requests to the city Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Cleaner streams and
fewer dumping
violations
Fewer debris blockages
during high-flow events
Drainage inspectors
report fewer calls and a
(VW OP #65) “Do Not Dump”/illegal dumping message is sent each year to all Santa Clara County residents in Valley Water’s CWM and FPM Valley Water
Communications
Each late
October or
November
(CWM)
Each
November/
December
(FPM)
All Santa Clara
County CRS
Communities
Valley Water’s FY23 FPM included the 'Do Not Dump'
messaging. Additionally, Valley Water’s website flood ready landing page contains ‘Do not pollute, dump, or drain
anything in creeks’ under the ‘Before a Flood’ section. https://www.valleywater.org/flooding-safety/flood-ready/fl ood-safety-advice
Valley Water hosted Coastal Cleanup Day (CCD) on
September 17, 2022 (Results: 1,056 people participated;
52.905 distance cleaned miles; 25,912.83, includes
15 ATTACHMENT NO. 2
58 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
decrease in the amount
of trash removed
recyclables, weight of trash collected; 2,217.25weight of recyclables collected), and
National River Cleanup Day (NRCD) on May 20, 2023
(Preliminary Results: 676 people participated; 50.54
distance cleaned miles; 28,981.02 includes recyclables, weight of trash collected; 1,500.11 weight of recyclables collected). Several of our CRS communities participated. https://cleanacreek.org/past-results-2/
Several Santa Clara communities participate in these
clean-up events..
Cupertino’s “Floodplain Management” webpage has a link
to Valley Water’s Floodplain Mailer. The City also includes the “Do Not Dump” messaging in The Cupertino Scene’s
annual flood preparedness article.
Morgan Hill includes this message in their annual Flood Report. The report is posted on the City’s “Floodplain
Management” landing page.
Palo Alto has Valley Water’s CWM and FPM linked on the
City’s Flood Information and Winter Storm Preparedness
website.
(VW OP #66) “Do Not Dump” signs placed by waterways/channels Valley Water O&M Year Round N/A Valley Water’s Operations & Maintenance continues its practice of placing ‘Do Not Dump’ signs on waterways/
channels.
(VW OP #67) Lists Pollution Hotline number in all Project Notices Valley Water Communications
Year Round N/A Valley Water’s project notices lists the pollution hotline number.
https://www.valleywater.org/project-updates/your-neighbo rhood
(SCC OP #68) Storm Drain Stenciling/Medallion Program Santa Clara County Year Round All Santa Clara County CRS
Communities
Palo Alto installs Storm Drain Stenciling/Medallion on all public right of way catch basin and inlets.
City of Santa Clara: Stenciling/Medallion installed on public catch basins/inlets.
Santa Clara County: No update available - non-CRS
participating community.
(SUN OP #69) The city’s “Horizon” newsletter, includes Do Not Dump messaging City of Sunnyvale Annually, fall N/A Sunnyvale: The City still produces the Horizon newsletter and includes a “Do Not Dump” message. It was published in fall 2022.
16 ATTACHMENT NO. 2
59 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
(ALL OP #70) Developments that are modifying or constructing new catch basins/storm drains/inlets are required, per the below-noted permits, to stencil the “No Dumping! Flows to Bay.” In addition, some of these cities require all bid documents for capital projects which are modifying or constructing new catch basins, and require the contractors to install the same stencil. The program is also highlighted on cities’ websites.
▪ South County municipalities are subject to the statewide “Phase II” NPDES Permit
▪ North County municipalities are subject to the SF Bay Municipal Regional Stormwater NPDES Permit
All
Add Headings
(Format >
Paragraph styles)
and they will
appear in your
table of contents.
Year Round N/A Valley Water mark’s each inlet with a “No Dumping! Flows to Bay” message on Valley Water properties.
Cupertino requires all storm drain inlets to include a
medallion with “NO DUMPING - FLOWS TO CREEK/BAY” for
development projects.
Gilroy requires all new storm inlets and catch basins to include a stencil or medallion with no dumping, flows to creek/waterway language for development projects.
Morgan Hill requires all storm drain inlets and catch basins within the project area of development applications to be stenciled with prohibitive language (such as: “NO DUMPING – DRAINS TO CREEK”) and/or graphical icons to discourage illegal dumping.
Mountain View requires all storm drain inlets to include a medallion with “NO DUMPING - FLOWS TO CREEK/BAY” for
development projects.
Palo Alto requires all storm drain inlets to include a
medallion with “NO DUMPING-FLOWS TO CREEK/BAY” for
development projects.
City of Santa Clara provides and installs “No Dumping Flows to Bay” plaques near each catch basin for any new storm drain inlets constructed as part of a project per the City specifications
(CUP OP #71) The city’s annual flood notice in the local newsletter, ‘The Cupertino Scene,’ contains dumping is illegal messaging and how to report City of Cupertino Annually,
October
-November
N/A Cupertino includes the “Do Not Dump” messaging in The Cupertino Scene’s annual flood preparedness article.
(CUP OP #72) Participates in clean-up events: the annual National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. The city also participates in Valley Water’s Adopt-a-Creek Program
City of Cupertino Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Cupertino participated in Coastal Clean-Up Day on 9/17/22 and National River Clean-Up Day on 5/20/23.
The City no longer participates in Valley Water’s
Adopt-a-Creek Program.
(LAH OP #73) The town participates in annual clean-up events: National River Clean-up Day (each May) and Coastal Clean-up Day (each September) and coordinates volunteers. They coordinate with Valley Water on both these clean-up efforts. The town also participates in Valley Water’s Adopt-a-Creek Program
Town of Los Altos
Hills
Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Town of Los Altos Hills: No update available - non-CRS
participating community.
17 ATTACHMENT NO. 2
60 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
(MIL OP #74) “Flood Public Advisory” brochure contains dumping is illegal messaging and how to report
City of Milpitas Each
December or
January
N/A Milpitas: The City’s flood advisory utility bill insert has information about illegal dumping and how to report it. (MIL OP #75) Participates in annual clean-up events: National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. The city also participates in Valley Water’s Adopt-a-Creek Program
City of Milpitas Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Milpitas: CCD held as an in-person event on September 17, 2022. NRCD is planned for May 20, 2023 with one cleanup location.
(MH OP #76) “Flood Report” contains message on keeping debris and trash out of streams – Do Not Dump messaging
City of Morgan Hill Annually, close
to or during
the start of the
rainy season
N/A Morgan Hill’s “2023 Flood Report” brochure will contain the message “It’s illegal to dump debris and trash into our creeks.”
(PA OP #77) “Are You Ready for Winter Storms?” utilities insert contains the Do Not Dump and report illegal dumping messages
City of Palo Alto Each fall N/A Palo Alto includes Do Not Dump and Report Illegal Messages on City’s utility insert that was sent out in
October 2022.
(PA OP #78) Utility bill insert includes a ‘Utility Announcement on Flood Safety Tips,’ including Protect natural floodplains - keep rain gutters and drainage channels free of debris
City of Palo Alto Annually,
March-April
N/A Palo Alto includes Protect Natural Floodplains-keep rain gutters and creeks free of debris messages on flood safety tips sent as Utility Announcement and the flier sent as an attachment on utility bills every year.
(PA OP #79) Participates in annual clean-up events: National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. Additionally, the city participates in Valley Water’s Adopt-a-Creek Program
City of Palo Alto Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Palo Alto participates every year during National River Clean-up Day on Matadero and Adobe Creek. Palo Alto also participates in the multi-jurisdictional effort on creek clean-up of San Francisquito Creek.
(PA OP #80) Clean-ups of trash booms located in Matadero Creek and Adobe Creek are done annually on an as-needed basis. The city also assesses its hot spots and cleans up the local drainage system on an ongoing basis and part of its operations and maintenance
City of Palo Alto Annually,
as needed
N/A Palo Alto City staff continue clean-ups of trash booms on Matadero Creek and Adobe Creek, assess hot spots and
clean ups on an ongoing basis on the entire City’s storm drain network system.
(SUN OP #81) “Horizon” newsletter includes a “Know How to Be FloodSafe” article that promotes the Do Not Dump message
City of Sunnyvale Each October,
Fall Edition
N/A Sunnyvale: The City still includes a “flood Safe” message in the fall Horizon. It was published in fall 2022.
Residents and
Businesses in the
Special Flood Hazard
Area (SFHA)
- Low Lying Areas, Along
Rivers and Creeks
- Coastal Communities
at Risk for Sea Level
Rise/Tsunamis
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Residents/businesses in
the SFHA are aware
they’re in the SFHA and
prepare before floods
Increase in number of
flood insurance policies
in the SFHAs and RLAs in
the county in general
Prospective buyers
understand flood risks
Increase number of
elevation certificates on
file, and structures
repaired with permits;
(VW OP #82) Multi-language floodplain mailer (FPM) to all residents and businesses within the SFHA in Santa Clara County (Topics 1– 9) Valley Water Each
November/
December
All Valley Water’s multi-language (English, Spanish, Chinese, and Vietnamese) Floodplain Mailer (FPM) 2022-2023 ‘Our
Climate Has Changed - Be Aware, Be Prepared, Take Action’’ was mailed to all SC County parcels in the FEMA SFHA;
51,120 FPMs were mailed in late November 2022. Hard
copies of the FPM’s (quantities noted below, as requested by the communities), along with “Our Climate Has Changed” (dated 11/2022) postcards were also mailed to each
city/County in early January 2023..
Community Floodplain
Mailer
Postcard
City of Los Altos 50 100
Town of Los Altos Hills 25 150
City of Milpitas 50 25
City of Mountain View 25 25
City of Cupertino 100 100
VW CRS Program 150 300
All other cities/county (10 ct. ) 25 25
18 ATTACHMENT NO. 2
61 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
- Repetitive Loss (RL)
Areas
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
decrease the number of
repetitive loss increase
homes
Increase in the number
of flood insurance
policies with contents
coverage
Additionally, electronic copies (flipbook style) of the FMP’s were emailed to all City Managers, Public Works and
Planning Directors, Floodplain Managers, CRS Coordinator's and CRS staff on December 30, 2022, for their use
throughout the flood season and beyond
(i.e., websites, lobby area, for distribution at events).
Valley Water’s FPM is posted on our flood protection
resources landing page (FloodReady); we distributed the mailer at our various events throughout the year, and we kept copies in our main office lobby area.
All Santa Clara communities support and promote Valley
Water’s outreach projects.
The City of Los Also posted Valley Water’s FPM on our flood protection website and we kept copies in the city hall lobby.
The City of Cupertino posted Valley Water’s FPM on our
flood protection website and we kept copies in the City Hall lobby.
(CUP OP #83) Flood notice in the local newsletter, The Cupertino Scene, which reaches residents and businesses in the SFHA (Topics 1-9) City of Cupertino Each October
or November
issue
N/A Cupertino published the annual flood preparation article in the October 2022 issue of “The Cupertino Scene”.
(LA OP #84) Letter, along with a “Are You Prepared for a Flood in Your Neighborhood?” brochure to property owners in the SFHA (Topics 1-8) City of Los Altos Annually, each
fall
N/A Los Altos mailed letters to all SFHA property owners in November 2022.
(LAH OP #85) The town’s “Our Town” quarterly newsletter includes information on flood preparedness. The newsletter is mailed out town-wide and is also available online on the town’s website (Topics TBD during cycle visit) Town of Los Altos
Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(MIL OP #86) “Flood Public Advisory” brochure to residents and businesses within SFHA (Topics 1-6)
City of Milpitas Each
December or
January
N/A Milpitas: A utility bill insert was sent to every address in Milpitas on 11/16/22. This was sent in four languages
(English, Vietnamese, Spanish and Chinese).
(MH OP #87) Sends a citywide “Flood Report” brochure, including to those in the SFHA (Topics 1-9)
City of Morgan Hill Annually, close
to or during
the start of the
rainy season
N/A Morgan Hill’s “2023 Flood Report” brochure is anticipated to go out late June 2023 or some time in July 2024.
(MV OP #88) Sends “The View” citywide newsletter, Winter version, includes information on flood risk, flood safety, and the importance of buying flood insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View’s publications have changed. This year the information was distributed in the ‘City Hall Connection’ newsletter.
19 ATTACHMENT NO. 2
62 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
(MV OP #89) Mails a utility bill insert to all resident and businesses that contains information on flood risk, flood safety, and the importance of buying flood insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready flier as a utility billing insert to every City utility customer in December 2022.
(PA OP #90) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities mailer) to all residents and businesses in the city, including to those in the SFHA, along with their utility bills (Topics 1-9)
City of Palo Alto Each fall N/A Palo Alto sent “Are you Ready for Winter Storms?” flier as utility inserts was sent out in October 2022.
(PA OP #91) Sends out utility announcement, “Anytime it can rain, it can flood.
Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent flood safety tips as a utility announcement in December 2022.
(SC OP #92) Mails out a citywide, including all addresses in the SFHA, newsletter for residents and businesses called “Inside Santa Clara” (Topics 1-9) City of Santa Clara Each fall N/A Santa Clara: Newsletter was sent on November 1, 2022, and available on the City’s website.
(SUN OP #93) Sends two (2) mailers and one (1) “Horizon” newsletter article “Know How to Be Flood Safe” that promotes flood safety and flood preparedness messaging targeted to all residents and businesses within the SFHA (Topics 2 and 4)
City of Sunnyvale Each fall
around
October
N/A Sunnyvale: The City still sends out mailers to targeted residents and a flood safe newsletter article. The mailers were sent November 2022.
(SUN OP #94) Sends mailer to all those in the SFHA (Topics 1-4, and 7) City of Sunnyvale Each October N/A Sunnyvale: The City still sends out these mailers. The mailers were sent October 2022.
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Increase in number of
flood insurance policies
in the SFHAs, RLAs, and
in the county in general
Prospective buyers
understand flood risks
Increase in the number
of flood insurance
policies with contents
coverage
(SCC OP #95) Sends letters to the properties in the unincorporated section in the areas of the county’s mapped repetitive loss areas
Santa Clara County Annually, each
fall
N/A Santa Clara County: No update available - non-CRS
participating community.
(CUP OP #96) Continues to send a letter to former repetitive loss properties City of Cupertino Annually, mid-year
N/A Cupertino continues to send out an annual letter to former repetitive loss properties.
(MH OP #97) Sends a notice to repetitive loss (RL) areas as required by FEMA City of Morgan Hill Annually, each summer
N/A Morgan Hill will sent letters to properties in the City’s mapped repetitive loss areas in June 2023.
(PA OP #98) Sends letters to the properties in the city’s mapped repetitive loss areas, highlighting flood safety tips
City of Palo Alto Annually,
typically
August -
September
N/A Palo Alto sent letters to properties in the City’s mapped repetitive loss areas, highlighting flood safety tips in August 2022.
(SJ OP #99) Sends letters to the properties in the city’s mapped repetitive loss areas
City of San Jose Annually, each
typically
between
September -
December
N/A San Jose sent letters to general repetitive loss property areas in April 2023.
20 ATTACHMENT NO. 2
63 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
Messengers to Other
Target Audiences
(Organizations &
Businesses Serving the
Community)
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
Educate our community
on flood protection and
preparedness measures
by working and
coordinating with groups
who serve as
messengers, to people
who are at risk of
flooding, as they provide
their respective business
service
(VW OP #100) Administers a “Let’s Talk Water” Speakers Bureau Program that customizes presentations to update groups on specific issues, provide updates on Valley Water projects, including flood protection projects and to educate residents on existing flood risks as well as provide resources and tips to be flood ready. https://www.valleywater.org/learning-center/lets-talk-water-speakers-bureau Valley Water
Communications
Unit
On a
project-specific
basis or as
requested
Could vary from
year-to-year
Kiwanis
Rotary Clubs
Homeowners
and
Neighborhood
Associations
Forum Groups
Association of
Realtors
Valley Water’s ‘Let’s Talk Water’ Speakers Bureau Program is active and available to the community. General
presentations discuss Valley Water’s flood protection,
including flood preparedness and awareness, and our
creeks and ecosystems. Customized presentations for
groups on specific issues are also available.
1. October 13, 2022 – City of San Jose Board of Retirees meeting
2. October 20, 2022 – Palo Alto Kiwanis meeting
3. October 22, 2022 – Greentown Los Altos Library event
4. November 3, 2022 – Harbor Industrial Association
luncheon
5. December 6, 2022 – RE/MAX Realtor informational
meeting
6. January 4, 2023 – Mount Pleasant Neighborhood
Assoc meeting
7. January 18, 2023 – Cupertino Library presentation
hosted by Cupertino Library Foundation
8. February 9, 2023 – Sons in Retirement: Branch 54
monthly meeting
9. February 13, 2023 – Rotary Club of Evergreen Valley
meeting
10. February 14, 2023 – Santa Clara County: Sustainability Working Group presentation
11. March 1, 2023 – Seven Trees Neighborhood
Association meeting
12. March 6, 2023 – Leadership Morgan Hill presentation
13. March 9, 2023 – Presentation during Mountain View
Senior Center afternoon workshop
14. March 23, 2023 – Mission San Jose Rotary Zoom
meeting
15. April 6, 2023 – Water 101 Academy presentation
16. April 11, 2023 – Presentation during Terraces Los
Gatos monthly speaker series
17. May 4, 2023 – West San Jose Kiwanis meeting
18. May 19, 2023 – Rotary Club of San Jose Silicon Valley (VW OP #101) Participates in booth duty support at various events and fairs throughout the county, including Valley Water Capital project meetings or other events, as requested by various organizations
Valley Water Office
of Government
Relations
Annually.
During the
flood season
(starting in
September –
May)
All Santa Clara
County CRS
Communities
Valley Water staff made a concerted effort to actively
participate in community events, including community
festivals and emergency preparedness affairs, particularly in communities and neighborhoods in or close to flood zones.
In FY23 (from September 2022 – May 2023), both Valley
Water and City staff hosted 18 booths and distributed flood preparedness information on flood safety and emergency
21 ATTACHMENT NO. 2
64 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
preparedness materials, including Valley Water’s annual floodplain mailer.
1. 2022 Santos Family 16th Annual Car Show-9/3/22
Alviso, CA
2. Emergency Preparedness Resource Fair-9/10/22 San
Martin, CA
3. Mountain View Art & Wine Festival-9/11/22
4. Assembly Member Ash Kalra’s Veggie Fest-9/17/22 San
Jose, CA
5. Rotary Club Fall Festival-9/24/22 Cupertino, CA
6. Friends of Stevens Creek Trail Trailblazer Race-9/25/22 Mountain View, CA
7. Fall Festival at Martial Cottle Park-10/1/22 San Jose, CA
8. Santa Clara Parade of Champions-10/1/22
9. Pumpkins in the Park-10/8/22 San Jose, CA
10. Bay Area Diwali Festival of Lights-10/8/22 Cupertino, CA
11. Supervisor Lee’s Day on the Bay-10/8/22 Alviso, CA
12. Santa Visits Alviso-12/10/22
13. AAUW Wildflower Run-3/26/23 Morgan Hill, CA
14. VMC Foundation Women’s Leadership & Policy
Summit-4/29/23 Saratoga, CA
15. Tech Interactive Tech Challenge-4/30/23 San Jose, CA
16. Berryessa Art Festival-5/13/23
17. San Jose Giants-5/13/23
18. Campbell Boogie Music Festival, 5/20/23-5/21/23
Morgan Hill hosted ‘National Night Out’ on August 2, 2022.
Flood preparedness information (Valley Water floodplain mailer, red ‘Get Flood Ready’ which includes an emergency supply list tote bags, etc.) were distributed.
(VW OP #102) Partner with local Second Harvest Food Bank with distributing FEMA and Valley Water flood preparedness materials, including promotional item(s) as available
Valley Water CRS
Program
In October
(during CFPW)
Second Harvest
Food Bank of
Silicon Valley
Valley Water partnered with the Silicon Valley Bike Coalition at the Ride Out the Drought event held on October 15,
2022; the Salvation Army on October 22, 2022; Santa Visits Alviso Foundation on December 7, 2023; Sacred Heart
Community Services on February 8, 2023, and Ms. Gail
Osmer, homeless advocate, on March 15, 2023 by providing and/or distributing FEMA, US Army Corps of Engineers, and Valley Water multilingual flood preparedness educational materials and emergency preparedness starter kits which supports Valley Water’s ‘Get Flood Ready’ campaign.
Additionally, presentations on flood preparedness were
made at the City of Cupertino Public Safety and Community Emergency Response Team (CERT) held on October 26,
2022, and at the City of San Jose Neighborhood CERT event 22 ATTACHMENT NO. 2
65 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
held on November 15, 2022. Flood resources were also
shared at these events.
(ALL OP #103) Other New Initiatives (as noted in the PPI document)
1. Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills each year, including PG&E.
2. Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information.
3. Expand on outreach to the Asian and Latino communities who live in flood prone areas.
4. Expand on outreach to “hot spot” flood prone areas by hosting on-site or virtual events.
5. Expand on reaching local homeowners associations (HOA)s and apartment associations (i.e. Executive Council of Homeowners [ECHO])
6. Expand on reaching residents in marginal and low-income communities through partnering with organizations that reach these communities. (i.e.
Second Harvest Food Bank and others)
7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas.
8. Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).
9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.
All TBD TBD The 2021 PPI Committee identified three efforts needed from each CRS community per the 2021 PPI in order to
prepare and finalize subsequent annual evaluation reports.
One of those efforts is that the PPI Committee must review and consider the ‘Other New Initiatives’ identified in the 2021 PPI (page 66) for advancing flood risk reduction
efforts.
The Santa Clara County CRS Group/PPI Committee, included the ‘Other New Initiatives’ topic for discussion at both the March 21, 2023 and May 16, 2023 meetings. See Section V.
SC County CRS Users Group/PPIM Committee Meetings -
Monitoring and Evaluating the 2021 PPI in the FY23 Annual Evaluation Report for details regarding the
review/discussion of the nine other new initiatives.
In FY 23, the following ‘Other New Initiatives’ were
accomplished. The below-noted numbers correspond with
the initiatives listed as (ALL OP #103) on left side of this column:
1. Valley Water offered assistance with developing utility bill inserts to all communities. The insert tied into Valley Water’s FY23 Flood Awareness Campaign theme, “Our
Climate Has Changed.” The utility bill insert/mailer/flier were co-branded with 3 communities.
3. Targeted mailers (FPM and trifolds) addressed to all those in the FEMA SFHA were mailed out (see page 7 of the
Annual Evaluation Report) and were multi-language
which included Spanish, Vietnamese, and Chinese.
4. Valley Water’s ‘Let's Talk Water: Speakers Bureau
Program offers presentations on the history of Valley
Water and how we operate and includes information on
flood preparedness. Presentations can be customized for groups, as requested. Several HOA’s were given
presentations that included flood preparedness
information (see page 15 of the Annual Evaluation
Report).
Discussion at the March 21, 2023 CRS Users Group/PPI
Committee meeting, Valley Water pointed out that the
ArcGIS tool has several layers, including Santa Clara
County Low Income Census Tracts (Poverty Zones) and
Valley Water Flood Hot Spots. If any community is
23 ATTACHMENT NO. 2
66 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
interested in accessing this information, reach out to
Valley Water. We asked the group if there was any
overlap of Valley Water’s hot spots versus their
jurisdiction’s hot spots?
6. Valley Water staff actively participated in community events, including community festivals and emergency
preparedness affairs, particularly in communities and
neighborhoods in or near flood zones. In FY23 (from
September 2022 – May 2023), both Valley Water and the
communities staff hosted 18 booths and distributed
flood preparedness information on flood safety and
emergency preparedness materials, including Valley
Water’s annual FPM (see page 15 of the Annual
Evaluation Report).
Other Community Engagement Efforts
Valley Water partnered with the Silicon Valley Bike
Coalition at the Ride Out the Drought event held on
October 15, 2022; the Salvation Army on October 22,
2022; Santa Visits Alviso Foundation on
December 7, 2023; Sacred Heart Community Services on
February 8, 2023, and Ms. Gail Osmer, homeless
advocate, on March 15, 2023 by providing and/or
distributing FEMA, US Army Corps of Engineers, and
Valley Water multilingual flood preparedness educational materials, flood insurance promotion, AlertSCC,
American Red Cross All-Hazard APP, and emergency
preparedness starter kits which supports Valley Water’s ‘Get Flood Ready’ campaign.
Additionally, presentations on flood preparedness were
made at the City of Cupertino Public Safety and
Community Emergency Response Team (CERT) held on
October 26, 2022, and at the City of San Jose
Neighborhood CERT event held on November 15, 2022.
Flood resources were also shared at these events.
7. Discussion at the March 21, 2023 CRS Users Group/PPI Committee meeting regarding Valley Water and Santa
Clara County looking into Valley Water possibly
developing a separate flood-centric FMP rather than
including it as part of the update of the County’s 2017 MJHMP. The proposed flood-centric FMP could have a
direct tie-in to this initiative; however, it may not include the RLAA element as part of the FMP.
24 ATTACHMENT NO. 2
67 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
Valley Water has shared some grant opportunities
Climate Change Resiliency, CAL Office of Emergency
Services (OES) with our Grant’s Team. It was also
mentioned that under Valley Water’s Safe Clean Water,
we have some community grants available to
cities/county through our Grants Program.
8. Discussion at the March 21, 2023 CRS Users Group/PPI Committee meeting it was discussed that this initiative ties in with the ongoing CRS regionalization efforts. We will see what recommendations come out of the draft
Feasibility Study.
9. At the March 21, 2023 CRS Users Group/PPI Committee
meeting, Valley Water demonstrated an electronic copy
of the City of Santa Clara’s FRP. As the PPI Committee has discussed in past meetings, we are still considering using the City of Santa Clara’s FMP as a model for developing a countywide FRP that can be credited uniformly. ISO
indicated this approach would likely be credited
regionally.
(CUP OP #104) The city provides a Winter Preparedness notification informing contractors that during the winter season, they need to winterize their project(s) site as certain soil disturbance activities are not allowed during the rainy season City of Cupertino On a
project-specific
basis
Various
contractors
Cupertino continues to prepare and mail the rainy season letters every year to applicable projects. These letters were mailed in late August 2022.
(MIL OP#105) On a project-specific basis, the city provides contractors a Winter Preparedness notification that informs them that during the winter season, they need to winterize their project(s) site. Certain soil disturbance activities are not allowed during the rainy season
City of Milpitas On a
project-specific
basis
Various
contractors
Milpitas: On-going. The City of Milpitas will be sending out winterization notices to larger development projects this winter.
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place Increase in number of
flood insurance policies
in the SFHAs and in the
county in general
Prospective buyers
understand flood risks
These projects are
credited under Activity
340 (DFH and REB) –
Additional credit is
provided if the PPI states
that real estate agents
should (or have agreed
to) advise house hunters
about the flood hazard
and that real estate
(MH OP #106) The city mails out a newsletter, “Ask Before You Buy: Know Your Flood Risk!” to local real estate agents which are provided to homebuyers to help determine the flood risk of the property being purchased (listed in Appendix B) City of Morgan Hill During or prior
to the rainy
season
Real Estate
Agencies/Agent
Morgan Hill will be sending the brochure to real estate agents in June 2023.
(PA OP #107) Sends out letters to real estate agencies informing them of their responsibility to identify flood hazard areas and to take advantage of the Flood Zone Lookup on the city’s website
City of Palo Alto Annually,
beginning of
flood season
(September/
October)
Real Estate
Agencies/Agent
Palo Alto sent letters to real estate agencies informing of their responsibility to identify flood hazard areas in
August 2022.
(SJ OP #108) Sends out letters to real estate and insurance agencies and lenders, informing them of their responsibility to identify flood hazard areas and to take advantage of the Flood Zone Lookup on the city’s website on the “Flood Hazard Zones webpage and advises to contact the city for map reading services and elevation certificates on file
City of San Jose At the
beginning of
the flood
season
(September –
December)
Real Estate
Agencies/Agent
San Jose emailed letters to real estate, insurance agencies and lenders in March 2023.
25 ATTACHMENT NO. 2
68 Agenda Item # 5.
Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2023 (Year 2) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule 3 Stakeholder
FY 2023 (Year 2 of the 2021 PPI)
Project Accomplishments
INPUT HERE ONLY
agents give house
hunters a REB brochure
(SUN OP #109) Sends mailer/postcard targeted to real estate agents informing them of the client’s responsibility for identification and purchase of flood insurance and the availability of the automatic 15% discount City of Sunnyvale Each October Real Estate
Agencies/Agents
Sunnyvale: The City sent the mailers to real estate agents October 2022.
26 ATTACHMENT NO. 2
69 Agenda Item # 5.
Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting March 21, 2023 | 9:30 – 11:30am
Zoom Meeting
https://valleywater.zoom.us/j/81783191992?pwd=Q1VkRWxlRnc4WCtGS3NIbGR3SkxEUT09 Meeting ID: 817 8319 1992
Passcode: 273986
+1 669 900 9128 US (San Jose)
Purpose: PPI Stakeholder Committee Annual Evaluation Meeting per Activity 330, Outreach Project, Element 332.c. Program for Public Information, Step 7 requirement (page 2) Outcome: Complete development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Report for FY23 (Year 2: July 2022 to June 2023) Section Meeting Topic Presenter Time
1. Introductions Amy Fonseca 10 min
2. Review of the meeting goals and agenda Amy Fonseca 2 min
3. Annual review of CRS Communities Roster Amy Fonseca 2 min
4. Brief status update on the CRS Regionalization in Santa Clara County Feasibility Study
• Floodplain Management Plan (FMP) vs Update to the County’s 2017 Multi-Jurisdictional Hazardous Mitigation Plan (MJHMP)
Amy Fonseca 5 min
5. Review 2021 PPI ‘Other New Initiatives’ Amy Fonseca 20 min
6. 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report
Complete development of the Annual Evaluation Report for FY23 (Year 2:
July 2022 to June 2023)
• Use Activity 330 Outreach Project sheets located here https://fta.valleywater.org/fl/1a2Jh3wyoO to update Appendix A from 2021 SC County Multi-Jurisdictional PPI
• Update FY23 Project Accomplishments column for your community https://docs.google.com/document/d/14MiExVqFA0_Oq4ROnxx_T7RHReV- _5p8/edit?usp=sharing&ouid=104583139517453360848&rtpof=true&sd=true • Communities’ updates due by next CRS Users Group Meeting or sooner Amy Fonseca 45 min
7. Activity 350 – Flood Protection Information
The community must:
• Monthly, check the website’s links at least monthly, and fix those that are no longer accurate
• Annual review the community must review the content to ensure that it is still current and pertinent
Amy Fonseca 2 min
8. Next meeting – Joint CRS Users Group/Program for Public Information (PPI) Committee meeting
• Complete the development of the 2021 PPI Annual Report Year 2 (FY 2023)
2 min
9. Adjourn
ATTACHMENT NO. 3
70 Agenda Item # 5.
For questions, please contact Amy Fonseca at (408) 630-3005 or [email protected] Excerpt from 2017 CRS Coordinator’s Manual:
“Step 7: Implement, monitor, and evaluate the program. The Program for Public Information committee meets at least annually to monitor the implementation of the outreach projects. The committee assesses whether the desired outcomes were achieved and what, if anything, should be changed. This work is described in an evaluation report that is prepared each year, sent to the governing body, and included in the annual recertification.
The community must update its Program for Public Information at least every five years. This can be a new document or an addendum to the existing document that updates the needs assessment and all sections that should be changed based on evaluations of the projects.
The Program for Public Information update will be reviewed for CRS credit according to the Coordinator’s Manual currently in effect, not the version used when the community originally requested this credit. The update can qualify as the annual evaluation report for the year it was prepared. The updated Program for Public Information must be adopted following the same process as adoption of the original document.” ATTACHMENT NO. 3
71 Agenda Item # 5.
Santa Clara County CRS Users Group / PPI Committee Meeting Attendance Sheet
March 21, 2023 | 9:30 - 11:30am | Zoom
Name Agency
Robb Lampa California Department of Water Resources
Jenn Chu City of Cupertino
Susana Ramirez City of Gilroy
Erin McDannold City of Los Altos
Steve Golden City of Los Altos
Thanh Nguyen City of Los Altos
Brian Petrovic City of Milpitas
Elizabeth Koo City of Milpitas
Charlie Ha City of Morgan Hill
Maria Angeles City of Morgan Hill
Renee Gunn City of Mountain View
Rajeev Hada City of Palo Alto
Arlene Lew City of San Jose
Brandon Coco City of Santa Clara
Christian Tran City of Santa Clara
David Dorcich City of Saratoga
Lea Velasco City of Sunnyvale
Suzanne Park City of Sunnyvale
Tamara Davis City of Sunnyvale
Darrell Wong County of Santa Clara
Michael Alvarez County of Santa Clara
Los Gatos PPW (Public Works) Town of Los Gatos
Nicolle Burnham Town of Los Gatos
Amy Fonseca Valley Water
Don Rocha Valley Water
Merna Leal Valley Water
Paola Reyes (Paola Giles) Valley Water
Quorum Met. All CRS Communities in attendance.
Missing Cities: City of Campbell, City of Monte Sereno, and Town of Los Altos Hills ATTACHMENT NO. 4
72 Agenda Item # 5.
Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting May 16, 2023 | 9:00am – 11:00 a.m.
Join Zoom Meeting
https://valleywater.zoom.us/j/84766026839?pwd=ekFMSEpXTTQzNlZuYnh4ZU00NnM5UT09 Meeting ID: 847 6602 6839 | Passcode: 185970 | +1 669 900 9128 US (San Jose) Purpose: PPI Stakeholder Committee Annual Evaluation Meeting to monitor the Implementation of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information per Activity 330, Outreach Project, Element 332.c. Program for Public Information (PPI), Step 7 requirement Outcome: 2021 PPI Annual Evaluation Report, FY23 (Year 2 of 5) Section Meeting Topic Presenter Time
1. Introductions Amy
Fonseca 10 min
2. Review of the meeting goals and agenda Amy
Fonseca 5 min
3. FY22-23 Flood Awareness Campaign Results approach: targeted outreach, including to renters, items to all addresses in the FEMA SFHA FY23-24 Flood Awareness Campaign
Paola Giles
& Probolsky
Research
20 min
4. Status of Feasibility Study for Regionalizing CRS in Santa Clara County Status of flood-centric Floodplain Management Plan (FMP) in lieu of Santa Clara County Multi-Jurisdictional Local Hazard Mitigation Plan Amy
Fonseca 10 min
5. CRS 2023 Cycle Group (Mountain View, Palo Alto, Santa Clara, Sunnyvale) Updates
Amy
Fonseca
5 min
10 min
6. California Flood Preparedness Week (October 2023)
• Statewide Agency Coordination Calls leading up to CFPW (kicks off mid-May to early June 2023)
• Annual Valley Water Board Resolution
• Flood event kits for all cities/county
• Lobby display example (use you Flood Event Kits: vertical banner, table cover, materials)
Amy
Fonseca 5 min
7. Complete development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Report, FY 23 (Year 2: July 2022 to June 2023) DEADLINE 5/31/23 (Wednesday)
• Use Activity 330 Outreach Project sheets located here https://fta.valleywater.org/fl/oLY0MMAJw3 to update Appendix A from 2021 SC County Multi-Jurisdictional PPI
• Update FY23 Project Accomplishments column for your community https://docs.google.com/document/d/14MiExVqFA0_Oq4ROnxx_T7RHReV- _5p8/edit?usp=sharing&ouid=104583139517453360848&rtpof=true&sd=true REPORT DUE 8/1/23: Due during 5-year cycle visit or as part of annual re-cert.
Amy
Fonseca 20 min
8. Other items
• ISO Training - TBD
Amy
Fonseca 5 min
9. Adjourn
For questions, please contact Amy Fonseca at (408) 630-3005 (office) or (408) 691-8889 (cell) or [email protected]
ATTACHMENT NO. 5
73 Agenda Item # 5.
Santa Clara County CRS Users Group / PPI Committee Meeting Attendance Sheet
May 16, 2023 | 9:00 - 11:00am | Zoom
Name Agency
Robb Lampa California Department of Water Resources
Jenn Chu City of Cupertino
Susana Ramirez City of Gilroy
Steve Golden City of Los Altos
Brian Petrovic City of Milpitas
Maria Angeles City of Morgan Hill
Renee Gunn City of Mountain View
Lauren Cody City of Mountain View
Rajeev Hada City of Palo Alto
Vicki Thai City of Palo Alto
Vivian Tom City of San Jose
Brandon Coco City of Santa Clara
Christian Tran City of Santa Clara
Suzanne Park City of Sunnyvale
Jennifer Ng City of Sunnyvale
Adam Probolsky Probolsky Research
Katie Thompson Probolsky Research
Amy Fonseca Valley Water
Sherilyn Tran Valley Water
Clarissa Sangalang Valley Water
Paola Reyes (Paola Giles) Valley Water
Quorum Met. All CRS Communities in attendance.
Missing Cities: City of Campbell, City of Monte Sereno, City of Los Gatos, City of Saratoga, Santa Clara County, and Town of Los Altos Hills
ATTACHMENT NO. 6
74 Agenda Item # 5.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JD
AGENDA REPORT SUMMARY
Meeting Date: August 22, 2023
Subject Resolution: On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services for FY 22/23 Acceptance
Prepared by: Grant Gabler, Sewer Maintenance Supervisor Reviewed by: Aida Fairman, Public Works Director
Approved by: Gabriel Engeland, City Manager
Attachment:
A. Resolution
Initiated by:
City Council/ Staff
Previous Council Consideration:
July 12, 2022
Fiscal Impact:
The final cost of this project is $99,080.00 for the On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services for FY 22/23 from account 8210-5280; any remaining expenditure budget will be returned to the Sewer Fund for future allocation. The following table summarizes the final cost of this project.
Project Item Original Project Budget Final Cost
Construction (Spot Repair and CCTV
Inspections) $100,000.00 $98,112.00
Printing/Environmental Doc/Misc. $1,500.00 $968.00
Total Cost $101,500.00 $99,080.00
Environmental Review:
The acceptance of the work is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(b) (Existing Facilities), in that the project consists of the operation, repair, and maintenance of existing facilities. Also, the project involves negligible or no expansion of existing or former use, and none of the circumstances stated in CEQA Guidelines Section 15300.2 applies.
75 Agenda Item # 6.
Subject: Resolution: On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services for FY 22/23 Acceptance
August 22, 2023 Page 2
Summary:
Adopt a Resolution accepting completion of the On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services for FY 22/23
Authorize the Public Works Director to record a Notice of Completion as required by law Staff Recommendation:
Adopt a Resolution accepting completion of the On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services for FY 22/23 and authorized the Public Works Director to record a Notice of Completion as required by law
76 Agenda Item # 6.
Subject: Resolution: On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services for FY 22/23 Acceptance
August 22, 2023 Page 3
Purpose
Accept completion of the On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services for FY 22/23.
Background
On July 12, 2022, the City Manager executed a contract with C2R Engineering, Inc. for On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services for not-to-exceed $100,000.
Discussion/Analysis
C2R Engineering, Inc. completed the repairs and CCTV inspection of On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services per the project plans and specifications. This project consisted of the replacement of five sewer laterals using the pipe bursting method, the replacement of one mainline repair using the open trench method, televising 309 feet of 6-inch sewer mainlines, and televising 401 feet of 8-inch sewer mainlines.
Recommendation
Move to adopt Resolution No. 2023-XX accepting completion of the On-Call Sanitary Sewer Spot Repairs and CCTV Inspection Services for FY 22/23 and authorize the Public Works Director to record a Notice of Completion as required by law
77 Agenda Item # 6.
ATTACHMENT A
Resolution No. 2023-__ Page 1
RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
ACCEPTING COMPLETION AND DIRECTING THE PUBLIC WORKS
DIRECTOR TO FILE A NOTICE OF COMPLETION OF THE ON-CALL
SANITARY SEWER SPOT REPAIRS AND CCTV INSPECTION SERVICES FY 2022-2023
WHEREAS, the Los Altos Public Works Director has filed with the City Clerk of Los Altos an Engineer's Certificate for the completion of all work provided within and pursuant to the contract between said City and C2R Engineering, Inc., dated August 23, 2022; and WHEREAS, it appears to the satisfaction of this City Council that work under said contract has been fully installed and completed as provided in said contract and the plans and specifications therein referred to.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the following:
1. That acceptance of completion of said work is hereby made and ordered; and
2. That the City Manager or his designee is directed to execute and file for recording with the County Recorder of the County of Santa Clara, Notice of Acceptance of Completion thereof, as required by law; and
3. That the acceptance of the work is exempt from review under the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15301 (b) for reasons stated in the staff report, and none of the circumstances described in CEQA Guidelines Section 15300.2 applies, and
4. All remaining budget expenditures will be returned to the Sewer Fund.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 22nd day of August, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
____________________________
Melissa Thurman, MMC
CITY CLERK
78 Agenda Item # 6.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
AGENDA REPORT SUMMARY
Meeting Date: August 22, 2023
Subject Authorize License Agreement for Parking at Los Altos Grill Prepared by: Nick Zornes, Development Services Director Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Draft License Agreement – Los Altos Grill – 2023
2. Previous Los Altos Grill License Agreement – 2004
Initiated by:
Request of Los Altos Grill, Hillstone Restaurant Group Inc.
Previous Council Consideration:
February 9, 1995 – Original Approval of Conditional Use Permit (CUP) and Memorandum of Understanding (MOU)
September 4, 2003 – Approval of Original License Agreement Fiscal Impact:
In consideration of the granting of this License, Licensee would pay to City, $486.00 per parking stall for the thirty-five (35) Licensed Parking Stalls, or $17,010.00 per year/$1,417.50 per month, commencing on the Effective Date, on a pro-rated basis, if applicable. This amount was calculated by multiplying the $3/ sq ft fee by a standard 9’ x 18’ parking stall which is how the Council valued parking spaces for parklet permits. Said License Fee shall be deposited into a City of Los Altos General Fund.
Environmental Review:
Not applicable.
Policy Question(s) for Council Consideration:
Does the City Council wish to authorize the execution of the Draft License Agreement with Los Altos Grill for the expanded hours of operation and use of the City’s Parking Plaza? 79 Agenda Item # 7.
Subject: Authorize License Agreement for Parking at Los Altos Grill August 22, 2023 Page 2
Summary:
The License Agreement is necessary for Los Altos Grill to be able to open during lunch service each day, in that it provides the required parking for the site. The draft License Agreement mirrors the original agreement which was executed in 2004 and utilizes the recently approved price per square foot of $3.00 for parking. If the agreement is executed as proposed the City would receive $17,010.00 annually for the use of the parking plaza to meet the required parking of the site. This amount was calculated by multiplying the $3/ sq ft fee by a standard 9’ x 18’ parking stall.
Background:
In 1995, the City Council approved a use permit and variance to allow Los Altos Grill (formerly called Bandera) to open at 233 Third Street. When the restaurant initially opened the Bandera franchise was typically operated as dinner-only restaurants. As such, the original allowed hours of operations were after 4:00pm, 7 days a week.
The original approvals granted were a use permit for the sale and consumption of alcohol onsite, and a variance for a deviation from the required parking stall dimensions and configuration. At the time, the City Council approved the use permit and variance requests based on an MOU to allow the restaurant to use the parking plaza spaces during the evening hours.
In 2003, the City denied a variance request made by the owners of Los Altos Grill. The variance request was to allow the restaurant to operate at lunch without providing additional parking. The variance request was initially denied by the Planning Commission and appealed to the City Council. At its hearing the City Council directed staff to work with the applicant on alternative solutions to meet the parking requirements.
In 2004, the City of Los Altos executed a License Agreement with Los Altos Grill for the use of thirty-five (35) parking stalls in the parking plaza immediately adjacent to the existing establishment. The executed agreement allowed for the use of the parking plaza to meet its required parking demand and thus provide continuous service from lunch to dinner time 7 days a week. The initial term expired in 2007, and no request to extend was received which required Los Altos Grill to revert to dinner service hours only.
In January 2023, the Development Services Department received complaints to Code Enforcement regarding the expanded hours of operation at Los Altos Grill. It was discovered at that time that Los Altos Grill had re-established hours of operation for lunch service without the appropriate approvals from the City. The expanded hours of operation and use of parking plazas is in violation of the conditions of approval from the 1995 Conditional Use Permit, Variance, and Memorandum of Understanding.
The Development Services Department has worked closely with the local restaurant manager, and the Hillstone Corporate Attorney Glenn Viers on determining an appropriate method to allow for 80 Agenda Item # 7.
Subject: Authorize License Agreement for Parking at Los Altos Grill August 22, 2023 Page 3
the expanded hours of operation and use of the parking plaza. After consultation with the City Attorney, it was determined that a new License Agreement would again be necessary and appropriate in order to allow the expanded hours of operation and use of parking plazas.
Analysis:
Based on the City Council action on April 7, 2023, the price per square foot for the use of parking stalls downtown was established as $3.00/square foot. The standard parking stall dimension is nine feet by eighteen feet (9’x18’). Utilizing the standard parking stall dimensions, the square footage of a standard parking stall is 162 square feet.
Standard Parking Stall Cost Per Square Foot Total Per Stall 162/sq. ft. $3.00 $486.00
The cost per parking stall is $486.00. Los Altos Grill needs thirty-five (35) parking stall total as part of the proposed License Agreement.
Cost Per Stall Number of Stalls Required Total Annual Cost $486.00 35 $17,010.00
Discussion:
The proposed License Agreement is necessary based on the required parking Pursuant to Chapter
14.74 of the Los Altos Municipal Code. Since 1995, since the original project was approved the site has been deficient in meeting the required parking onsite. The parking deficiency has previously been resolved based on the executed 1995-Memorandum of Understanding for evening parking use and the 2004-License Agreement for daytime parking use. Since January 2023, Los Altos Grill has been out of compliance with the approved 1995-Conditional Use Permit, Variance, and Memorandum of Understanding, and the existing Los Altos Municipal Code regulations. In order to come into compliance with the required parking for the site, the business owner must enter into the proposed License Agreement similar to the 2004 executed agreement.
Staff Recommendation:
Authorize the City Manager to execute the proposed License Agreement with Los Altos Grill for the use of City’s Parking Plaza to meet its parking demand as required in the Los Altos Municipal Code.
81 Agenda Item # 7.
-1-
LICENSE AGREEMENT
LOS ALTOS GRILL
This Parking License Agreement (“License”) is entered into as of this ___ day of August, 2023 (“Effective Date”), by and between the CITY OF LOS ALTOS, a municipal corporation, One North San Antonio Road, Los Altos California, (“City”) and HILLSTONE RESTAURANT GROUP,. INC., a Delaware corporation, dba the LOS ALTOS GRILL, hereinafter referred to as “Licensee,” occupies the property located at 233 Third Street, Los Altos California (“Owner”). City and Licensee may be referred to individually as a “Party” or collectively as the “Parties.” This License Agreement rescinds and replaces the Parking License Agreement dated May 2004.
Recitals
A. City is the owner of that certain real property, commonly referred to as parking plaza number 3, located in the City of Los Altos, County of Santa Clara, State of California, (the “Property”). The Property as depicted in the map attached hereto as Exhibit “A” and incorporated by this reference.
B. The Property contains a parking lot or parking area, consisting of approximately 211 surface parking stalls, which are situated on the Property (the “Parking Area”). Such Parking Area services the City and is available for parking by the general public.
C. Licensee leases that certain real property, together with an approximately 6,722 square foot restaurant building situated thereon, which is leased to Hillstone Restaurant Group, Inc.., doing business as the Los Altos Grill (“Los Altos Grill”) located at 233 Third Street, in the City of Los Altos, County of Santa Clara, State of California, APN 167-38-5 (the “Los Altos Grill Property”). The Los Altos Grill Property is more particularly described in Exhibit “B” attached hereto and incorporated by this reference.
D. Licensee currently operates the Los Altos Grill pursuant to the terms and conditions of Condition Use Permit 95-UP-1 (“CUP 95-UP-1”). Licensee has a pre-existing written parking agreement referred to here as the Memorandum of Understanding (“MOU”) dated October 1996.
Said MOU governed the off-site parking requirements for CUP 95-UP-1, which authorized Licensee to operate the Los Altos Grill during evening hours every day from 5:00 p.m. to 11:00 p.m. (Los Altos Grill not opening before 4:00 p.m.).
E. Licensee now desires to operate the Los Altos Grill pursuant to the terms and conditions of Conditional Use Permit 03-UP-10 (“CUP 03-UP-10”) with expanded hours of operation. This License is necessary for Licensee to meet its off-site parking requirements for CUP 03-UP-10, specifically for the expanded hours of 11:00 a.m. to 4 :00 p.m. use by the Los Altos Grill.
F. To satisfy the off-site parking conditions in CUP 95-UP-1 and CUP 03-UP-10, Licensee desires the right to use thirty-five (35) parking stalls located within the Parking Area referred to above (the “Licensed Parking Stalls”). The Parties intend that such Licensed Parking Stalls be available for use by Licensee and its guests and invitees who occupy or use the Los Altos Grill referred to above during the License Term referred to below. 82 Agenda Item # 7.
-2-
G. City is willing to grant to Licensee a terminable, non-exclusive license to use such Licensed Parking Stalls on the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements described below, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
1. License Supplements Existing MOU. This License in addition to the MOU and shall govern the off-site parking requirements for CUP 95-UP-1 and CUP 03-UP-10 as set forth below:
This License shall supplement the existing MOU governing the off-site parking requirements and authorize the operation of the Los Altos Grill during evening hours from 4:00 p.m. until 11:00 p.m. weekdays and all day on weekends, pursuant to CUP 95-UP-1.
This Licensee shall govern the off-site parking requirements and authorize the operation of the Los Altos Grill during the hours between 11:00 a.m. to 2:00 p.m. weekdays and all day on weekends, pursuant to CUP 03-UP-10.
2. License. City hereby grants to Licensee the terminable, non-exclusive right to use the Licensed Parking Stalls for the purpose of allowing Licensee and its guests and invitees who occupy or use the Los Altos Grill to park motor vehicles in said Licensed Parking Stalls. City grants to Licensee the right of ingress and egress over the Property to the extent necessary to gain access to and from such Licensed Parking Stalls and the Parking Area and the public street(s) adjacent to the Parking Area, which right of ingress and egress shall be in effect at all times during the term of this License. Nothing in this License shall be construed to grant or confer to Licensee any property interest or vested right in the Property.
3. Modifications to Parking Area.City shall have the right to make modifications to the Parking Area without notice to, and without obtaining the consent of, Licensee so long as such modifications do not materially interfere with Licensee’s non-exclusive right to park in the Licensed Parking Stalls. City may also close the Parking Area, or portions thereof, for the purpose of maintaining, repairing, or replacing the same or to prevent prescriptive easements or rights from being created.
4. Term. City grants this License for a term of the lesser of (i) six (6) months from the Effective Date, or (ii) until such date as the Los Altos City Council shall establish a new standard value/rate for parking stalls in the Parking Area (as defined above), provided however, that if the condition of subsection (ii) is not satisfied within six( 6) months, this License shall continue on a month-to-month basis it being the intent of the parties that at such time as a new standard parking value is adopted by the City Council, this License shall be amended to incorporate such new value/rate. Upon the expiration or termination of this License, or the revocation of CUP 03-UP-10, the terms of the MOU shall govern the off-site parking requirements for CUP 95-UP-1, which authorizes Licensee to operate the Los Altos Grill during evening hours every day from 4:00 p.m. to 11:00 p.m. (Los Altos Grill not opening before 4:00 p.m.).
5. Beneficiaries of License. This License is hereby granted in favor of Licensee for the benefit, use and enjoyment of Licensee and its guests and invitees who occupy or use the Los Altos 83 Agenda Item # 7.
-3-
Grill referred to above. At no time during the term of this License, shall Licensee’s employees be eligible for City of Los Altos parking permits. Licensee’s employees shall use the existing seventeen (17) parking stalls that currently serve the Los Altos Grill Property.
6. License Fee. In consideration of the granting of this License, Licensee shall pay to City, $486.00 per parking stall for the thirty-five (35) Licensed Parking Stalls, or $17,010.00 per year/$1,417.50 per month (“the “License Fee”), commencing on the Effective Date, on a pro-rated basis, if applicable. This amount was calculated by multiplying the $3/ sq ft fee by a standard 9’ x 18’ parking stall. Said License Fee shall be deposited into a City of Los Altos parking fund.
7. Insurance. Licensee shall name City as an additional insured on Licensee’s commercial general liability insurance policy covering the Los Altos Grill Property. Such policy shall provide protection against claims for personal injury, death or property damage occurring in, on or about the Parking Area or the Los Altos Grill Property due to the negligent act(s) of Licensee or any of its agents, employees, assignees, subtenants, guests, or invitees. Upon reasonable request made by City to Licensee, Licensee shall furnish City with a copy of its liability insurance policy (or a certificate of such liability insurance policy) evidencing the insurance coverage required to be maintained by Licensee as described above.
8. Indemnification. Licensee agrees to indemnify and hold City, its officers and employees harmless from and against any liability, damages, costs, losses, claims and expenses, including reasonable attorneys’ fees, arising out of the negligent acts, errors, or omissions of Licensee or Licensee’s assistants, employees, or agents, in the performance of this License.
9. Attorney's Fees. In the event any Party hereto shall bring an action, suit, or legal proceeding to enforce, protect or interpret the terms of this License, the prevailing party shall be entitled to recover, as a part of such action, suit or legal proceeding, reasonable attorney’s fees and court costs, including, attorney’s fees and costs for appeal, as may be fixed by the trier of fact.
10. Rights of Parties. The provisions of this License shall be non-exclusive, and the access rights granted in this License are personal and limited solely to Licensee for the stated purpose set forth in this License. Licensee agrees not to commit waste or to construct, allow or maintain any use, construction or operate any equipment which constitutes a nuisance on the Property, or which may in any way interfere with the use, enjoyment, or possession of the Property by City. The Property shall not be used by any person or entity, including the Licensee or its employees, for any purpose other than stated in this License. Neither this License, nor the rights granted to Licensee within it, shall be assignable or otherwise transferable without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment or other transfer will release or discharge the Licensee from any duty, responsibility, or liability under this License. City reserves the right to use Parking Area in any manner, provided that such use does not materially interfere with the rights granted to the Licensee in this License.
11. Termination. This License may be terminated with or without cause by Licensee upon providing thirty (30) days’ written notice of said termination to City, or its representative.
Licensee will pay a pro-rata share of annual payments in the event that the License is terminated during a year. The City may terminate this License upon providing thirty (30) day’s notice to Licensee and if Licensee is in violation of CUP 95-UP-1 and/or CUP 03-UP-10, or that Licensee is in violation of any state or federal law, or any local ordinances. 84 Agenda Item # 7.
-4-
12. Notices. If any notice given pursuant to the License is not personally delivered to Licensee, said notice shall be deemed to be delivered five (5) days after deposit of said notice in a sealed envelope, postage fully prepaid, in a mailing facility regularly maintained by the United States Post Office Department, addressed as follows:
To Licensee:
Hillstone Restaurant Group, Inc.
Attention: General Counsel
27102425 Camelback Road, Suite 200
Phoenix, AZ 85016
Email: [email protected]
With a copy to: Attention: Manager
Los Altos Grill
233 Third Street
Los Altos, California 94022
To City (City of Los Altos) at:
City of Los Altos - Attention: Gabriel Engeland, City Manager One North San Antonio Road
Los Altos, CA 94022
13. Authority To Grant License. City warrants that it is the owner of the Property and that it has the full rights and authority to grant the rights to the Licensee which are contained in this License.
14. Counterparts. This License may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this License as of the date and year written above.
CITY: The City of Los Altos
By:
Mr. Gabriel Engeland, City Manager
Approved as to form:
By:
Jolie Houston, City Attorney
Attest:
85 Agenda Item # 7.
-5-
By:
Melissa Turman City Clerk
LICENSEE: Hillstone Restaurant Group, Inc., a Delaware corporation d/b/a/ Los Altos Grill
By:
W. Glenn Viers
Vice President & General Counsel
86 Agenda Item # 7.
LICENSE AGREEMENT
LOS ALTOS GRILL
This Parking License Agreement ("License") is entered into as of this ~/i day of May, 2004 ("Effective Date"), by and between tbe CITY OF LOS ALTOS, a municipal corporation, One Nortb San Antonio Road, Los Altos California, ("City") and HOUSTON'S RESTAURANTS, INC., a Delaware cOlporation, dba tbe LOS ALTOS GRILL, hereinafter referred to as "Licensee," occupies tbe property located at 233 Third Street, Los Altos California ("Owner"). City and Licensee may be referred to individually as a "Party" or collectively as tbe "Parties." Recitals
A. City is the owner of that certain real property, commonly referred to as parking plaza number 3, located in the City of Los Altos, County of Santa Clara, State of California, (the "Property"). The Property as depicted in the map attached hereto as Exhibit "A" and incorporated by this reference.
B. The Property contains a parking lot or parking area, consisting of approximately 211 surface parking stalls, which are situated on tbe Property (tbe "Parking Area"). Such Parking Area services tbe City and is available for parking by tbe general public.
C. Licensee leases that certain real property, togetber witb an approximately 6,722 square foot restaurant building situated tbereon, which is leased to Houston's Restaurants, Incorporated, doing business as tbe Los Altos Grill ("Los Altos Grill") located at 233 Third Street, in tbe City of Los Altos, County of Santa Clara, State of California, APN 167-38-5 (tbe "Los Altos Grill Property"). The Los Altos Grill Property is more particularly described in Exhibit ''B'' attached hereto and incorporated by this reference.
D. Licensee currently operates tbe Los Altos Grill pursuant to tbe terms and conditions of Condition Use Permit 95-UP-1 ("CUP 95-UP-1"). Licensee has a pre-existing written parking agreement referred to here as tbe Memorandum of Understanding ("MOU") dated October 1996.
Said MOU governs tbe off-site parking requirements for CUP 95-UP-1, which autborizes Licensee to operate tbe Los Altos Grill during evening hours every day from 5:00 p.m. to 11 :00 p.m. (Los Altos Grill not opening before 4:00 p.m.). The MOU is attached hereto as Exhibit "C" and incorporated by this reference.
E. Licensee desires to operate the Los Altos Grill pursuant to tbe terms and conditions of Conditional Use Permit 03-UP-10 ("CUP 03-UP-l0"). This License is necessary for Licensee to meet its off-site parking requirements for CUP 03-UP-10, specifically for tbe 11 :00 a.m. to 4:00 p.m. use by tbe Los Altos Grill.
F. To satisfy tbe off-site parking conditions in CUP 95-UP-1 and CUP 03-UP-l0, Licensee desires tbe right to use thirty-five (35) parking stalls located witbin tbe Parking Area referred to above (tbe "Licensed Parking Stalls"). The Parties intend tbat such Licensed Parking Stalls be available for use by Licensee and its guests and invitees who occupy or use tbe Los Altos Grill referred to above during tl,e License Term referred to below. \JH\625425.1
01·052704·13552001 -1- 87
Agenda Item # 7.
G. City is willing to grant to Licensee a terminable, non-exclusive license to use such Licensed Parking Stalls on the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements described below, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
1. License Supplements Existing MOU. This License is in addition to the MOU and shall govern the off-site parking requirements for CUP 95-UP-1 and CUP 03-UP-10 as set forth below. This License shall supplement the existing MOU governing the off-site parking requirements and authorizing the operation of the restaurant after 4:00 p.m. weekdays and all day on weekends, pursuant to CUP 95-UP-1.
2. License. City hereby grants to Licensee the terminable, non-exclusive right to use the Licensed Parking Stalls prior to 4:00 p.m. during the weekdays for the purpose of allowing Licensee and its guests and invitees who occupy or use the Los Altos Grill to park motor vehicles in said Licensed Parking Stalls. City grants to Licensee the right of ingress and egress over the Property to the extent necessary to gain access to and from such Licensed Parking Stalls and the Parking Area and the public street(s) adjacent to the Parking Area, which right of ingress and egress shall be in effect at all times during the term of this License. Nothing in this License shall be construed to grant or confer to Licensee any property interest or vested right in the Property.
3. Modifications to Parking Area. City shall have the right to make modifications to the Parking Area without notice to, and without obtaining the consent of, Licensee so long as such modifications do not materially interfere with Licensee's non-exclusive right to park in the Licensed Parking Stalls. City may also close the Parking Area, or portions thereof, for the purpose of maintaining, repairing or replacing the same or to prevent prescriptive easements or rights from being created.
4. Term. City grants this License for a term of three (3) years from the Effective Date, or June 30, 2007, whichever is earlier. Upon the expiration or termination of this License, or the revocation of CUP 03-UP-10, the terms of the MOU shall govern the off-site parking requirements for CUP 95-UP-1, which authorizes Licensee to operate the Los Altos Grill during evening hours every day from 4:00 p.m. to 11:00 p.m. (Los Altos Grill not opening before 4:00p.m.).
5. . Beneficiaries of License. This License is hereby granted in favor of Licensee for the benefit, use and enjoyment of Licensee and its guests and invitees who occupy or use the Los Altos Grill referred to above. At no time during the term of this License, shall Licensee's employees be eligible for City of Los Altos parking permits. Licensee's employees shall use the existing seventeen (17) parking stalls that currently serve the Los Altos Grill Property.
6. License Fee. In consideration of ti,e granting of this License, Licensee shall pay to City, $750.00 per parking stall for ti,e thirty-five (35) Licensed Parking Stalls, or $26,250.00 per year ("the "License Fee"). Said License Fee shall be deposited into a City of Los Altos parking fund, and Licensee shall be credited for said payments at the time a City of Los Altos parking in-lieu fee is established. A pro-rated amount of $7,325.71 received by City for off-site parking pursuant to the MOU for February 2004 to January 2005 shall be credited to the 2004 License Fee.
WH\625425.1
OHJ52704·13552001
-2- 88
Agenda Item # 7.
7. Insurance. Lcensee shall name City as an additional insured on Lcensee's commercial general liability insurance policy covering the Los Altos Grill Property. Such policy shall provide protection against claims for personal injury, death or property damage occurring in, on or about the Parking Area or the Los Altos Grill Property due to the negligent act(s) of Lcensee or any of its agents, employees, assignees, subtenants, guests or invitees. Upon reasonable request made by City to Licensee, Lcensee shall furnish City with a copy of its liability lllsurance policy (or a certificate of such liability insurance policy) evidencing the insurance coverage required to be maintained by Licensee as described above.
8. Indemnification. Lcensee agrees to indemnify and hold City harmless, its officers and employees from and against any liability, damages, costs, losses, claims and expenses, including reasonable attorneys' fees, arising out of the negligent acts, errors, or omissions of Lcensee or Licensee's assistants, employees or agents, in the performance of this Lcense.
9. Attorney's Fees. In the event any Party hereto shall bring an action, suit or legal proceeding to enforce, protect or interpret the terms of this License, the prevailing party shall be entitled to recover, as a part of such action, suit or legal proceeding, reasonable attorney's fees and court costs, including, attorney's fees and costs for appeal, as may be fixed by the trier of fact.
10. Rights of Parties The provisions of this Lcense shall be non-exclusive and the access rights granted in this Lcense are personal and limited solely to Licensee for the stated purpose set forth in this License. Licensee agrees not to commit waste or to construct, allow or maintain any use, construction or operate any equipment which constitutes a nuisance on tl,e Property or which may in any way interfere with the use, enjoyment or possession of the Property by City. The Property shall not be used by any person or entity, including the Lcensee or its employees, for any purpose other than stated in this Lcense. Neither this License, nor the rights granted to Lcensee within it, shall be assignable or otherwise transferable without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment or other transfer will release or discharge the Lcensee from any duty, responsibility or liability under this Lcense. City reserves the right to use Parking Area in any manner, provided that such use does not materially interfere with the rights granted to the Lcensee in this Lcense.
11. Ternlination. This Lcense may be terminated with or without cause by Lcensee upon providing thirty (30) days' written notice of said ternlination to City, or its representative.
Licensee will pay a pro-rata share of annual payments in the event that the License is terminated during a year. The City may terminate this Lcense upon providing thirty (30) day's notice to Licensee if Lcensee is in violation of CUP 95-UP-1 and/or CUP 03-UP-10, or that Licensee is in violation of any state or federal law, or any local City of Los Altos ordinances.
12. Notices. If any notice given pursuant to the Lcense is not personally delivered to Lcensee, said notice shall be deemed to be delivered five (5) days after deposit of said notice in a sealed envelope, postage fully prepaid, in a mailing facility regularly maintained by the United States Post Office Department, addressed as follows:
To Licensee:
I.JH\625425.1
01·052704·13552001
Houston's Restaurants, Inc.
Attention: General Counsel
-3- 89
Agenda Item # 7.
2425 Camelback Road, Suite 200
Phoenix, AZ 85016
Facsimile at 602-553-2170
With a copy to: Attention: Manager
Los Altos Grill
233 Third Street
Los Altos, California 94022
To City at::
City of Los Altos - Attention: Phil Rose, City Manager
One North San Antonio Road
Los Altos, CA 94022
Facsimile at (650) 947-2731
13. Authority To Grant License. City warrants that it is the owner of the Property and that it has the full rights and authority to grant the rights to the Licensee which are contained in this License.
14. Counterparts. This License may be executed in counterparts, each of which shall be deemed an original and which together shall constitute one instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this License as of the date and year written above.
hil Rose, City Manager
Approved as to form:
By:-.~~~~~~~ ____ __
Jolie
Attest:
BYSusan Kitchens, ~ City Clerk
LICENSEE: Houston's R.1~aur~nts, Inc.
By: ,/ll?~~
WH\625425.1
01·052704·13552001 -4- 90
Agenda Item # 7.
City of Los Altos
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93 Agenda Item # 7.
MEI\'IORAJ\l)UM OF UNDERSTA~l)[NG
This "Memorandum of Understanding" (hereinafter referred to as M.O.U.) is in reference to a shared parking arrangement between Houston's Restaurants, Inc. (hereinafter referred to as "BANDERA"). the owner of the Bandera restaurant located on the property at 233 Third Street, APN 167-38-5, the City of Los Altos (hereinafter referred to as "CITY"), and Russel Stanley (hereinafter referred to as "OWNER"), owner of the real propeny involved.
It is mutually agreed as iollows:
I. CITY agrees to allow BANDERA to use a maximum total of 39 parking stalls, from 5:00 p.m. to 11:00 p.m. each day, in the South Parking Plaza ("Plaza") immediately adjacent to the 233 Third Street premises to satisfy the "off site" parking requirements of Use Permit 95- UP-I. Said stalls shall not be specific in location within the Plaza and said stalls shall not be marked or signed specifically for the exclusive use of the restaurant, it being understood that the entire Plaza is available for use by the general public.
2. OWNER and BANDERA agree to allow CITY to use, for general public use, a maximum total of II parking stalls, from II :00 a.m . to 2:00 p.m. each day, on the private property premises at 233 Third SI. Signs, subject to satisfaction of the City'S Traffic Engineer, shall be provided by OWNER and BANDERA that clearly state that the subject stalls are available for general public use from 11:00 a.m. to 2:00 p.m.
3. BANDERA agrees to compensate CITY 5342 per year per stall for use of the South Parking Plaza from 5:00 p.m to 11:00 p.m. for a total annual amount of $13,338 for the 39 subject stalls. CITY agrees to apply a credit to the annual amount due at the rate of $698 per year per stall for the permitted public use of the private parking stalls on the 233 Third Street premises from 11:00 a.m. to 2:00 p.m. for a total annual credit of $7,678 for the subject II stalls. The total net compensation fee payable to CITY is $5,660 which represents the difference between the total amount due of 513,338 and the applied credit of $7,678.
4. BANDERA agrees that the restaurant will not open to the public before 4:00 p.m. on week days.
5. The annual total net compensation of 55 ,660 shall apply to the tim year of the restaurant's operation. beginning on the first day of the restaurant's operation. and shall be payable in advance of the restaurant's opening to the public.
The annual total net compensation fee shall be adjusted annually based on the Consumer Price Index (Bay Area All Urban Consumers) and shall be payable in advance of the anniversary date of the beginning of the restaurant's operation. The CPI adjustment will be made using published data for.,the most recent 12 month period that is available at the time the CPI adjustment is calculated.
In the event the Bandera Restaurant permanently ceases operation, the CITY shall refund a proportionate share of the net compensation paid by BANDERA. less a $500 fee for City administrative expenses. for the unused period of time for that year.
EXHIBIT C 94
Agenda Item # 7.
I1rst:
6. This agreement will terminale upon either 01 the lollowing. whichever occurs a. Violation at any 01 the provisions or this M. O. U. by OWNER or BANDERA b. Cessation 01 the operation of the Bandera Restaurant on the 233 Third Street premises. In the event a subsequent restaurant or another use is proposed for the subject propeny. the City wiil review the appropriateness of a shared parking agreement similar to this agreement at that time. based on the parking impacts related to such new use and the needs of the City.
7. The attached E:<;hibit A (RATIONALE FOR DETERMINING RENTAL VALUE OF PUBLIC PARKING STALLS IN LOS ALTOS PARKING PLAZAS) and Exhibit B (OPTIONS
FOR GIVING CREDIT FOR PUBLIC USE OF PRIVATE (ON-SITE) PARKING STALLS OF BANDERA RESTAURANll are included as a part of this M.O.U. as background information on the initial calculation of the fees and credits.
REVIEWED AND APPROVED AS TO CONTENT:
By: / ~ ~'"'"- ~ ,..zz L!
BRuCE BANE. PUBLIC WORKS DIRECTOR
REVIEWED AS TO FORM:
BY:--=-::"c!Au~{-=-~_---,~,=,-rt_/1_=====-=_ ROBERT K. BOOTH. CITY ATTORNEY . RUSSEL STANLEY
EXHIBIT C
10 -7 -9(.
Date
IC-II.., -(,
Date
/~/ffo Date
A ', / 1. 5" ,--
Date
/0 ·-<-(-9t.
Date
95 Agenda Item # 7.
Alternative A:
Exhibit A
Value of parking stall varies depending on time of use
and % of total parking use
RATIONALE FOR DETERMINING RENTAL VALUE
OF PUBLIC PARKING STALLS IN LOS ALTOS PARKING PLAZAS
ASSUMPTIONS/CALCULA nONS:
I. Value of typical public parking stall = $30,000 (includes current land value of stall and proponionate aisle space, all construction costs, and all incidental costs).
2. Fair rate of return on investment, for annual rental(long term) = 7.5 %.
3. Annual rental rate per stall = 52.250.
4. Proportion value based on time of use and % of total parking use:
Time Period Estim~ted Average % OcclIpancv % ofTotal Parking Use 2 - 5:00 a.m. 0
5 - 8:00 a.m. 15
8 - 11:00 a.m. 65
II - 2:00 p.m. 90
2 - 5:00 p.m 75
5 - 8:00 p.m. 25
8 - 11:00 p.m. 15
II - 2:00 a.m. 5
5. Value or use from 5:00 - 11:00 p.m is proportionate to % of total use = 9% + 5% = 14%
6. Annual rental rate per stall. from 5:00 p.m. to 11:00 p.m. = .14 x S2.250 = $315
7. Daily rental rate per stall, from 5:00 p.m. to 11 :00 p.m. = 5315/365 = $0.86 (not inel. City misc. operating costs) 0 5
22 31
26 9
5 2
8. Include 10% for City administration/monitoring/liability and round to SO.95 per stall per day. lor use between 5"00 p.m. and 11:00 p.m.
9. for a total of 39 ~tnll~, from 5:00 p.m. - 11:00 p.m .• Daily rate = $37.05
Monthly rate = $1,111.50
Annual rate = $13,338
EXHIBIT C 96
Agenda Item # 7.
EXHIBIT B
OPTIONS FOR GIVL~G CREDIT FOR PUBLIC l'SE OF PRIVATE (ON-SITE)
PARKING STALLS OF BANDERA RESTAURANT
ASSUMPTIONS:
I. The value of a private (on-site) parking stall is the same as a public parking stall (annual rental rate per stall = $2,250).
2. The hours of public use of the private stalls will be from 11:00 a.m. to 2:00 p.m.
3. Eleven (II) of the 17 private stalls will be available for limited public use.
4. The designated II private stalls will be properly signed for the permitted hours of public use (i.e. Public Parking Pennitted rrom 11:00 a.m. to 2:00 p.m.).
Using Alternative A for determining stall value,
Value of use from 11:00 a.m. to 2:00 p.m. = 31 % of total use. (see table in Alternative A analysis)
Annual rental rate per stall, from 11:00 a.m. to 2:00 p.m., = .31 x $2,250 = S698 For II private stalls, lOtal credit = II x $698 = S7,678
SUMMARY OF ALTERNATIVES FOR DETERMINING STALL VALUE
AND OPTIONS FOR GIVING CREDIT FOR PUBLIC USE OF PRIVATE STALLS Method of Annual value of 39 Annual value of 11 Annual net determining publi c stalls from private stalls used difference stall value 5:00 p.m 1O 11:00 for public use from
p.m . II :00 a.m. 1O 2:00
p.m
Alternative A $13,338 $7 ,678 $5.660
(value based on
time of use & % of
total parking use)
EXHIBIT C
97 Agenda Item # 7.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JD
AGENDA REPORT SUMMARY
Meeting Date: August 22, 2023
Subject Resolution 2023-XX to Approve the Fiscal Year 2022/23 Salary Schedule to Comply with California Public Employees’ Retirement System (CalPERS) Statutory and Regulatory Requirements for Compensation Earnable and Publicly Available Salary Schedules
Prepared by: Irene Barragan, Human Resources Director
Reviewed by: Gabriel Engeland, City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. City of Los Altos Resolution No. 2023-XX
2. Revised FY 23-24 Pay Rate Schedule
Initiated by:
City Staff
Previous Council Consideration:
June 13, 2023
Fiscal Impact:
None
Environmental Review:
Not Applicable
Policy Question(s) for Council Consideration:
Does the Council wish to adopt Resolution 2023-XX that includes the Revised Fiscal Year 2023/24 publicly available Pay Rate Schedule?
Summary:
While the City of Los Altos has a publicly available pay rate schedule on its external website and incorporates all City Council approved Memorandum of Understanding (MOU) and non-represented pay rate increases to date, a comprehensive pay rate schedule needs to be approved by Council to confirm pay rates. 98 Agenda Item # 8.
Subject: Title
August 22, 2023 Page 2
Thus, to comply with both California Government Code (GC) 20636(d) and California Code of Regulations (CCR) 570.5, staff requests approval and confirmation of the updated comprehensive pay rate schedule.
Staff Recommendation:
Adopt City of Los Altos Resolution No. 2023-XX approving the Revised FY23-24 Pay Rate Schedule.
99 Agenda Item # 8.
Subject: Title
August 22, 2023 Page 3
Purpose
Approve the updated Fiscal Year 2023/24 pay rate schedule that incorporates all City Council approved Memorandum of Understanding (MOU) and non-represented pay rate increases to date.
Background
The California Public Employees’ Retirement System (CalPERS) reinforces the requirement under California Government Code (GC) section 20636(d) that “Notwithstanding any other provision of law, payrate and special compensation schedules, ordinances, or similar documents shall be public records available for public scrutiny”. Additionally, the California Code of Regulations (CCR) 570.5 specifies the required elements necessary to meet the definitions of a publicly available pay schedule. An overview of these requirements is as follows:
1. Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws;
2. Identifies the position title for every employee position;
3. Shows the payrate range for each identified classification,
4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
6. Indicates an effective date and date of any revisions;
7. Is retained by the employer and available for public inspection for not less than five years; and
8. Does not reference another document in lieu of disclosing the payrate.
Discussion/Analysis
While the City of Los Altos has a publicly available salary schedule on its external website and incorporates all City Council approved Memorandum of Understanding (MOU) salary increases to date, a comprehensive salary schedule needs to be approved by Council when updates are made to the salary schedule. The updates to this salary schedule cover Finance Director, City Engineer and part-time classification ranges.
Recommendation
The staff recommends Council adopt City of Los Altos Resolution No. 2023-XX approving the Revised FY23-24 Pay Rate Schedule.
100
Agenda Item # 8.
Resolution No. 2023-XX Page 1
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS APPROVING THE UPDATED FISCAL YEAR 2023/24 PAY SCHEDULE TO COMPLY WITH CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS)
STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION
EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES
WHEREAS, all employers must comply with the compensation earnable and publicly available pay schedules provisions contained within California Government Code (GC) section 20636(d) and California Code of Regulations (CCR) 570.5; and
WHEREAS, it is necessary for the City Council to review and duly approve and adopt in accordance with requirements of applicable public meetings laws a publicly available pay schedule; and WHEREAS, attached to this resolution and incorporated by reference is the City’s comprehensive pay schedule which will be made publicly available on the City’s external website and provided upon request; and
WHEREAS, the City reviews and may revise employee compensation and pay schedule ranges; and WHEREAS, the City benefits from a highly qualified, municipal workforce; and WHEREAS, to assist in retaining such a workforce, it is critical that the City’s compensation levels are competitive in the marketplace; and
WHEREAS, the City should adjust pay to reflect changes in the region’s cost of living; and WHEREAS, represented classifications are covered by current contracts which specify the amount of the pay adjustments in the fiscal year; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:
1. Adopts the Updated Fiscal Year 2023/24 Pay Schedule in Exhibit A reflecting classification pay adjustments and;
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
101
Agenda Item # 8.
Resolution No. 2023-XX Page 2
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, CITY CLERK
102
Agenda Item # 8.
City Manager: N/A POA: 5% increase effective 06/25/23 LAMEA: 5% increase effective 06/25/23 Unrepresented Department Heads: 4.2% Market Range Adjustment to Individual Classifications effective 06/25/23 Teamsters: 3.5% increase and Market Adjustments to Individual Classifications effective 06/25/23 Unrepresented Management: 4.2% Market Range Adjustment to Individual Classifications effective 06/25/23 Unrepresented Confidential: 4.2% COLA increase effective 06/25/23 *New Classification for FY 23/24
^ Market Adjustment
+ Market Range Adjustment
City of Los Altos - Full Time Salary Schedule FY 23/24
Resolution 2023-XX
Unrep. Department Head Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E City Manager Exempt $9,907.50 $21,466.25 $257,595.00
Assistant City Manager+ Exempt $8,013.15 Open Range $9,739.98 $17,361.83 Open Range $21,103.30 $208,341.90 Open Range $253,239.58 Police Chief+ Exempt $8,013.15 Open Range $9,739.98 $17,361.83 Open Range $21,103.30 $208,341.90 Open Range $253,239.58 Public Works Director+ Exempt $7,576.29 Open Range $9,208.98 $16,415.30 Open Range $19,952.79 $196,983.58 Open Range $239,433.49 Utilities and Environmental Director+ Exempt $7,576.29 Open Range $9,208.98 $16,415.30 Open Range $19,952.79 $196,983.58 Open Range $239,433.49 Development Services Director+ Exempt $7,576.29 Open Range $9,208.98 $16,415.30 Open Range $19,952.79 $196,983.58 Open Range $239,433.49 Finance Director+ Exempt $7,522.46 Open Range $9,143.55 $16,298.66 Open Range $19,811.03 $195,583.96 Open Range $237,732.30 Parks, Recreation, & Community Services Director Exempt $7,287.00 Open Range $8,857.34 $15,788.50 Open Range $19,190.91 $189,461.94 Open Range $230,290.94 Human Resources Director+ Exempt $6,797.67 Open Range $8,262.56 $14,728.27 Open Range $17,902.22 $176,739.29 Open Range $214,826.61 Unrep. Management Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Police Captain Exempt $6,931.71 Open Range $8,425.53 $15,018.70 Open Range $18,255.32 $180,224.40 Open Range $219,063.88 Deputy City Manager+ Exempt $6,809.80 Open Range $8,277.35 $14,754.56 Open Range $17,934.26 $177,054.77 Open Range $215,211.18 Deputy Director* Exempt $6,703.75 Open Range $8,148.45 $14,524.79 Open Range $17,654.98 $174,297.50 Open Range $211,859.70 Capital Improvement Projects Manager Exempt $6,597.70 Open Range $8,019.54 $14,295.01 Open Range $17,375.68 $171,540.17 Open Range $208,508.15 City Engineer+ Exempt $6,578.07 Open Range $7,995.69 $14,252.50 Open Range $17,324.00 $171,029.94 Open Range $207,887.96 Financial Services Manager Exempt $6,279.78 Open Range $7,633.12 $13,606.20 Open Range $16,538.42 $163,274.41 Open Range $198,461.06 Information Technology Manager Exempt $6,279.78 Open Range $7,633.12 $13,606.20 Open Range $16,538.42 $163,274.41 Open Range $198,461.06 Human Resources Manager Exempt $6,279.78 Open Range $7,633.12 $13,606.20 Open Range $16,538.42 $163,274.41 Open Range $198,461.06 Building Official Exempt $5,831.40 Open Range $7,088.11 $12,634.71 Open Range $15,357.57 $151,616.52 Open Range $184,290.83 Development Services Manager Exempt $5,831.40 Open Range $7,088.11 $12,634.71 Open Range $15,357.57 $151,616.52 Open Range $184,290.83 Planning Services Manager Exempt $5,831.40 Open Range $7,088.11 $12,634.71 Open Range $15,357.57 $151,616.52 Open Range $184,290.83 Transportation Services Manager Exempt $5,831.40 Open Range $7,088.11 $12,634.71 Open Range $15,357.57 $151,616.52 Open Range $184,290.83 Economic Development Manager Exempt $5,689.18 Open Range $6,915.23 $12,326.55 Open Range $14,982.99 $147,918.56 Open Range $179,795.93 Assistant to the City Manager+ Exempt $5,502.53 Open Range $6,688.36 $11,922.15 Open Range $14,491.45 $143,065.78 Open Range $173,897.35 Project Manager Exempt $5,415.04 Open Range $6,582.01 $11,732.58 Open Range $14,261.03 $140,791.01 Open Range $171,132.35 City Clerk Exempt $5,375.02 Open Range $6,533.37 $11,645.87 Open Range $14,155.63 $139,750.44 Open Range $169,867.54 Public Information Officer Exempt $5,031.73 Open Range $6,116.10 $10,902.08 Open Range $13,251.54 $130,824.93 Open Range $159,018.52 Maintenance Superintendent* Exempt $4,915.16 Open Range $5,974.40 $10,649.51 Open Range $12,944.54 $127,794.07 Open Range $155,334.50 Recreation Manager+ Exempt $4,832.80 Open Range $5,874.30 $10,471.06 Open Range $12,727.64 $125,652.77 Open Range $152,731.73 Unrep. Confidential Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Senior Accountant Exempt $4,461.87 $4,684.97 $4,919.21 $5,165.17 $5,423.43 $9,667.39 $10,150.76 $10,658.30 $11,191.21 $11,750.77 $116,008.67 $121,809.11 $127,899.56 $134,294.54 $141,009.27 Senior Human Resouces Analyst Exempt $4,461.87 $4,684.97 $4,919.21 $5,165.17 $5,423.43 $9,667.39 $10,150.76 $10,658.30 $11,191.21 $11,750.77 $116,008.67 $121,809.11 $127,899.56 $134,294.54 $141,009.27 Management Analyst II Exempt $4,353.05 $4,570.70 $4,799.23 $5,039.19 $5,291.15 $9,431.60 $9,903.18 $10,398.34 $10,918.26 $11,464.17 $113,179.19 $118,838.15 $124,780.06 $131,019.07 $137,570.02 Human Resources Analyst Exempt $4,143.29 $4,350.46 $4,567.98 $4,796.38 $5,036.20 $8,977.13 $9,425.99 $9,897.29 $10,392.15 $10,911.76 $107,725.59 $113,111.87 $118,767.46 $124,705.83 $130,941.12 Management Analyst I Exempt $3,943.64 $4,140.83 $4,347.87 $4,565.26 $4,793.52 $8,544.56 $8,971.79 $9,420.38 $9,891.40 $10,385.97 $102,534.76 $107,661.50 $113,044.58 $118,696.81 $124,631.65 Assistant City Clerk Exempt $3,943.64 $4,140.83 $4,347.87 $4,565.26 $4,793.52 $8,544.56 $8,971.79 $9,420.38 $9,891.40 $10,385.97 $102,534.76 $107,661.50 $113,044.58 $118,696.81 $124,631.65 Human Resources Technician Non-Exempt $3,400.59 $3,570.62 $3,749.15 $3,936.61 $4,133.44 $7,367.95 $7,736.35 $8,123.17 $8,529.32 $8,955.79 $88,415.41 $92,836.18 $97,477.99 $102,351.88 $107,469.48 Confidential Exectuive Assistant* Non-Exempt $3,308.26 $3,473.68 $3,647.36 $3,829.73 $4,021.22 $7,167.91 $7,526.30 $7,902.62 $8,297.75 $8,712.64 $86,014.88 $90,315.63 $94,831.41 $99,572.98 $104,551.63 Deputy City Clerk+ Exempt $3,308.26 $3,473.68 $3,647.36 $3,829.73 $4,021.22 $7,167.91 $7,526.30 $7,902.62 $8,297.75 $8,712.64 $86,014.88 $90,315.63 $94,831.41 $99,572.98 $104,551.63 Biweekly Monthly Annual
Revised: 06/13/2023 Adopted by City Council 08/XX/23
Resolution 2023-XX
103
Agenda Item # 8.
LAMEA: 5% increase effective 06/25/23
City of Los Altos - Full Time Salary Schedule FY 23/24
Resolution 2023-XX
LAMEA Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Senior Engineer Exempt $5,393.21 $5,662.87 $5,946.02 $6,243.32 $6,555.48 $11,685.29 $12,269.56 $12,883.04 $13,527.19 $14,203.55 $140,223.52 $147,234.70 $154,596.43 $162,326.25 $170,442.56 Senior Planner Exempt $5,268.53 $5,531.96 $5,808.56 $6,098.99 $6,403.94 $11,415.16 $11,985.92 $12,585.21 $13,214.47 $13,875.20 $136,981.89 $143,830.99 $151,022.54 $158,573.66 $166,502.35 Senior Network Systems Administrator* Exempt $5,053.20 $5,305.86 $5,571.15 $5,849.71 $6,142.19 $10,948.59 $11,496.02 $12,070.83 $12,674.37 $13,308.09 $131,383.14 $137,952.30 $144,849.91 $152,092.41 $159,697.03 Information Technology Analyst II* Exempt $4,812.57 $5,053.20 $5,305.86 $5,571.15 $5,849.71 $10,427.23 $10,948.59 $11,496.02 $12,070.83 $12,674.37 $125,126.80 $131,383.14 $137,952.30 $144,849.91 $152,092.41 Network Systems Administrator Non-Exempt $4,812.57 $5,053.20 $5,305.86 $5,571.15 $5,849.71 $10,427.23 $10,948.59 $11,496.02 $12,070.83 $12,674.37 $125,126.80 $131,383.14 $137,952.30 $144,849.91 $152,092.41 Associate Civil Engineer Non-Exempt $4,706.89 $4,942.23 $5,189.35 $5,448.81 $5,721.25 $10,198.26 $10,708.17 $11,243.58 $11,805.76 $12,396.05 $122,379.13 $128,498.09 $134,923.00 $141,669.15 $148,752.60 Information Technology Analyst I Exempt $4,583.40 $4,812.57 $5,053.20 $5,305.86 $5,571.15 $9,930.70 $10,427.23 $10,948.59 $11,496.02 $12,070.83 $119,168.38 $125,126.80 $131,383.14 $137,952.30 $144,849.91 Associate Planner Non-Exempt $4,445.66 $4,667.94 $4,901.34 $5,146.41 $5,403.73 $9,632.26 $10,113.88 $10,619.57 $11,150.55 $11,708.08 $115,587.15 $121,366.51 $127,434.84 $133,806.58 $140,496.91 Senior Building Inspector Exempt $4,385.10 $4,604.36 $4,834.57 $5,076.30 $5,330.12 $9,501.05 $9,976.11 $10,474.91 $10,998.66 $11,548.59 $114,012.65 $119,713.28 $125,698.95 $131,983.89 $138,583.09 Assistant Civil Engineer Non-Exempt $4,160.68 $4,368.72 $4,587.15 $4,816.51 $5,057.33 $9,014.81 $9,465.55 $9,938.83 $10,435.77 $10,957.56 $108,177.72 $113,586.61 $119,265.94 $125,229.23 $131,490.70 Accountant Non-Exempt $4,120.48 $4,326.51 $4,542.83 $4,769.97 $5,008.47 $8,927.71 $9,374.10 $9,842.80 $10,334.95 $10,851.69 $107,132.57 $112,489.20 $118,113.66 $124,019.34 $130,220.31 Administrative Officer* Exempt $4,120.48 $4,326.51 $4,542.83 $4,769.97 $5,008.47 $8,927.71 $9,374.10 $9,842.80 $10,334.95 $10,851.69 $107,132.57 $112,489.20 $118,113.66 $124,019.34 $130,220.31 Senior Recreation Supervisor Non-Exempt $4,115.56 $4,321.34 $4,537.40 $4,764.28 $5,002.49 $8,917.05 $9,362.90 $9,831.04 $10,322.60 $10,838.73 $107,004.56 $112,354.79 $117,972.53 $123,871.16 $130,064.71 Maintenance Supervisor Non-Exempt $4,036.00 $4,237.80 $4,449.69 $4,672.18 $4,905.79 $8,744.67 $9,181.91 $9,641.00 $10,123.05 $10,629.21 $104,936.09 $110,182.90 $115,692.04 $121,476.65 $127,550.48 Emergency Response Coordinator* Non-Exempt $4,034.82 $4,236.56 $4,448.38 $4,670.80 $4,904.34 $8,742.10 $9,179.21 $9,638.17 $10,120.08 $10,626.08 $104,905.22 $110,150.48 $115,658.01 $121,440.91 $127,512.95 Economic Development Coordinator Non-Exempt $4,034.82 $4,236.56 $4,448.38 $4,670.80 $4,904.34 $8,742.10 $9,179.21 $9,638.17 $10,120.08 $10,626.08 $104,905.22 $110,150.48 $115,658.01 $121,440.91 $127,512.95 Sustainability Coordinator Non-Exempt $4,034.82 $4,236.56 $4,448.38 $4,670.80 $4,904.34 $8,742.10 $9,179.21 $9,638.17 $10,120.08 $10,626.08 $104,905.22 $110,150.48 $115,658.01 $121,440.91 $127,512.95 Public Information Coordinator Non-Exempt $4,034.82 $4,236.56 $4,448.38 $4,670.80 $4,904.34 $8,742.10 $9,179.21 $9,638.17 $10,120.08 $10,626.08 $104,905.22 $110,150.48 $115,658.01 $121,440.91 $127,512.95 Assistant Planner Non-Exempt $4,024.13 $4,225.34 $4,436.60 $4,658.43 $4,891.35 $8,718.95 $9,154.89 $9,612.64 $10,093.27 $10,597.94 $104,627.37 $109,858.74 $115,351.67 $121,119.26 $127,175.22 Building Inspector Non-Exempt $3,967.13 $4,165.49 $4,373.77 $4,592.45 $4,822.08 $8,595.46 $9,025.23 $9,476.49 $9,950.32 $10,447.83 $103,145.48 $108,302.76 $113,717.89 $119,403.79 $125,373.98 Recreation Supervisor Non-Exempt $3,914.89 $4,110.63 $4,316.16 $4,531.97 $4,758.57 $8,482.26 $8,906.37 $9,351.69 $9,819.27 $10,310.24 $101,787.09 $106,876.44 $112,220.26 $117,831.27 $123,722.84 GIS Technician Non-Exempt $3,781.90 $3,970.99 $4,169.54 $4,378.02 $4,596.92 $8,194.11 $8,603.82 $9,034.01 $9,485.71 $9,959.99 $98,329.35 $103,245.82 $108,408.11 $113,828.51 $119,519.94 Junior Engineer Non-Exempt $3,781.90 $3,970.99 $4,169.54 $4,378.02 $4,596.92 $8,194.11 $8,603.82 $9,034.01 $9,485.71 $9,959.99 $98,329.35 $103,245.82 $108,408.11 $113,828.51 $119,519.94 Police Records Supervisor Non-Exempt $3,781.90 $3,970.99 $4,169.54 $4,378.02 $4,596.92 $8,194.11 $8,603.82 $9,034.01 $9,485.71 $9,959.99 $98,329.35 $103,245.82 $108,408.11 $113,828.51 $119,519.94 Construction Inspector Non-Exempt $3,601.41 $3,781.48 $3,970.56 $4,169.08 $4,377.54 $7,803.06 $8,193.21 $8,602.87 $9,033.02 $9,484.67 $93,636.71 $98,318.54 $103,234.47 $108,396.20 $113,816.01 Engineering Technician Non-Exempt $3,601.41 $3,781.48 $3,970.56 $4,169.08 $4,377.54 $7,803.06 $8,193.21 $8,602.87 $9,033.02 $9,484.67 $93,636.71 $98,318.54 $103,234.47 $108,396.20 $113,816.01 Information Technology Technician Non-Exempt $3,480.30 $3,654.31 $3,837.03 $4,028.88 $4,230.32 $7,540.64 $7,917.67 $8,313.56 $8,729.24 $9,165.70 $90,487.70 $95,012.09 $99,762.69 $104,750.82 $109,988.37 Code Enforcement Officer Non-Exempt $3,393.42 $3,563.09 $3,741.25 $3,928.31 $4,124.73 $7,352.41 $7,720.03 $8,106.04 $8,511.34 $8,936.90 $88,228.96 $92,640.41 $97,272.43 $102,136.05 $107,242.85 Accounting Technician II Non-Exempt $3,274.87 $3,438.62 $3,610.55 $3,791.08 $3,980.63 $7,095.56 $7,450.34 $7,822.86 $8,214.00 $8,624.70 $85,146.73 $89,404.07 $93,874.27 $98,567.99 $103,496.39 Development Services Technician Non-Exempt $3,187.01 $3,346.36 $3,513.67 $3,689.36 $3,873.83 $6,905.18 $7,250.44 $7,612.96 $7,993.61 $8,393.29 $82,862.16 $87,005.27 $91,355.53 $95,923.31 $100,719.47 Executive Assistant Non-Exempt $3,090.83 $3,245.37 $3,407.64 $3,578.02 $3,756.92 $6,696.79 $7,031.63 $7,383.21 $7,752.37 $8,139.99 $80,361.48 $84,379.55 $88,598.53 $93,028.45 $97,679.88 Recreation Coordinator Non-Exempt $2,973.27 $3,121.94 $3,278.03 $3,441.93 $3,614.03 $6,442.09 $6,764.19 $7,102.40 $7,457.52 $7,830.40 $77,305.08 $81,170.34 $85,228.86 $89,490.30 $93,964.81 Facilities Coordinator Non-Exempt $2,973.27 $3,121.94 $3,278.03 $3,441.93 $3,614.03 $6,442.09 $6,764.19 $7,102.40 $7,457.52 $7,830.40 $77,305.08 $81,170.34 $85,228.86 $89,490.30 $93,964.81 Lead Records Specialist Non-Exempt $2,885.40 $3,029.67 $3,181.16 $3,340.22 $3,507.23 $6,251.71 $6,564.29 $6,892.51 $7,237.13 $7,598.99 $75,020.51 $78,771.53 $82,710.11 $86,845.62 $91,187.90 Accounting Technician I Non-Exempt $2,843.84 $2,986.04 $3,135.34 $3,292.11 $3,456.71 $6,161.66 $6,469.75 $6,793.23 $7,132.90 $7,489.54 $73,939.97 $77,636.96 $81,518.81 $85,594.75 $89,874.49 Records Specialist Non-Exempt $2,620.61 $2,751.64 $2,889.22 $3,033.69 $3,185.37 $5,677.99 $5,961.89 $6,259.99 $6,572.99 $6,901.64 $68,135.91 $71,542.71 $75,119.84 $78,875.83 $82,819.63 Accounting Office Assistant Non-Exempt $2,500.68 $2,625.72 $2,757.00 $2,894.85 $3,039.60 $5,418.15 $5,689.06 $5,973.51 $6,272.18 $6,585.79 $65,017.77 $68,268.66 $71,682.10 $75,266.20 $79,029.51 Office Assistant II Non-Exempt $2,491.18 $2,615.74 $2,746.53 $2,883.86 $3,028.05 $5,397.57 $5,667.44 $5,950.82 $6,248.36 $6,560.78 $64,770.79 $68,009.33 $71,409.80 $74,980.29 $78,729.30 Office Assistant I Non-Exempt $2,237.08 $2,348.93 $2,466.38 $2,589.70 $2,719.18 $4,847.00 $5,089.35 $5,343.82 $5,611.01 $5,891.56 $58,164.05 $61,072.25 $64,125.86 $67,332.16 $70,698.76 Biweekly Monthly Annual
Revised: 06/13/2023 Adopted by City Council 08/XX/23
Resolution 2023-XX
104
Agenda Item # 8.
POA: 5% increase effective 06/25/23
City of Los Altos - Full Time Salary Schedule FY 23/24
Resolution 2023-XX
POA Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Police Sergeant Non-Exempt $5,471.13 $5,744.68 $6,031.92 $6,333.51 $6,650.19 $11,854.11 $12,446.81 $13,069.15 $13,722.61 $14,408.74 $142,249.29 $149,361.75 $156,829.84 $164,671.33 $172,904.90 Police Agent Non-Exempt $4,867.44 $5,110.81 $5,366.35 $5,634.67 $5,916.40 $10,546.12 $11,073.43 $11,627.10 $12,208.45 $12,818.88 $126,553.45 $132,881.13 $139,525.18 $146,501.44 $153,826.51 Communications Supervisor* Non-Exempt $4,758.17 $4,996.08 $5,245.88 $5,508.18 $5,783.59 $10,309.37 $10,824.84 $11,366.08 $11,934.39 $12,531.11 $123,712.48 $129,898.10 $136,393.01 $143,212.66 $150,373.29 Police Officer Non-Exempt $4,636.17 $4,867.97 $5,111.37 $5,366.94 $5,635.29 $10,045.03 $10,547.28 $11,074.64 $11,628.37 $12,209.79 $120,540.32 $126,567.33 $132,895.70 $139,540.48 $146,517.51 Lead Communications Officer Non-Exempt $4,531.59 $4,758.17 $4,996.08 $5,245.88 $5,508.18 $9,818.45 $10,309.37 $10,824.84 $11,366.08 $11,934.39 $117,821.41 $123,712.48 $129,898.10 $136,393.01 $143,212.66 Police Officer Trainee Non-Exempt $4,414.38 $4,635.10 $4,866.85 $5,110.20 $5,365.71 $9,564.49 $10,042.71 $10,544.85 $11,072.09 $11,625.70 $114,773.87 $120,512.56 $126,538.19 $132,865.10 $139,508.35 Communications Officer Non-Exempt $4,117.71 $4,323.60 $4,539.78 $4,766.77 $5,005.10 $8,921.71 $9,367.79 $9,836.18 $10,327.99 $10,844.39 $107,060.49 $112,413.51 $118,034.19 $123,935.90 $130,132.69 Crime Analyst* Non-Exempt $3,943.64 $4,140.82 $4,347.86 $4,565.26 $4,793.52 $8,544.55 $8,971.78 $9,420.37 $9,891.39 $10,385.96 $102,534.64 $107,661.37 $113,044.44 $118,696.66 $124,631.50 Community Service Officer Non-Exempt $3,242.41 $3,404.53 $3,574.76 $3,753.50 $3,941.17 $7,025.23 $7,376.49 $7,745.31 $8,132.58 $8,539.21 $84,302.71 $88,517.84 $92,943.73 $97,590.92 $102,470.47 Biweekly Monthly Annual
Revised: 06/13/2023 Adopted by City Council 08/XX/23
Resolution 2023-XX
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Agenda Item # 8.
Teamsters: 3.5% increase and Market Adjustments to Individual Classifications effective 06/25/23 City of Los Altos - Full Time Salary Schedule FY 23/24
Resolution 2023-XX
Teamsters Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Senior Wastewater Maintenance Worker Non-Exempt $3,713.13 Open Range $4,513.33 $8,045.11 Open Range $9,778.88 $96,541.33 Open Range $117,346.59 Equipment Mechanic II* Non-Exempt $3,536.31 $3,713.13 $3,898.78 $4,093.72 $4,298.41 $7,662.01 $8,045.11 $8,447.37 $8,869.74 $9,313.22 $91,944.13 $96,541.33 $101,368.40 $106,436.82 $111,758.66 Senior Maintenance Technician Non-Exempt $3,536.31 $3,713.13 $3,898.78 $4,093.72 $4,298.41 $7,662.01 $8,045.11 $8,447.37 $8,869.74 $9,313.22 $91,944.13 $96,541.33 $101,368.40 $106,436.82 $111,758.66 Wastewater Maintenance Worker II Non-Exempt $3,375.58 Open Range $4,103.04 $7,313.76 Open Range $8,889.92 $87,765.08 Open Range $106,679.00 Equipment Mechanic Non-Exempt $3,214.83 $3,375.57 $3,544.35 $3,721.57 $3,907.65 $6,965.46 $7,313.74 $7,679.42 $8,063.40 $8,466.57 $83,585.57 $87,764.85 $92,153.09 $96,760.75 $101,598.78 Maintenance Leadworker Non-Exempt $3,214.83 $3,375.57 $3,544.35 $3,721.57 $3,907.65 $6,965.46 $7,313.74 $7,679.42 $8,063.40 $8,466.57 $83,585.57 $87,764.85 $92,153.09 $96,760.75 $101,598.78 Maintenance Technician Non-Exempt $3,214.83 $3,375.57 $3,544.35 $3,721.57 $3,907.65 $6,965.46 $7,313.74 $7,679.42 $8,063.40 $8,466.57 $83,585.57 $87,764.85 $92,153.09 $96,760.75 $101,598.78 Wastewater Maintenance Worker I Non-Exempt $3,062.59 Open Range $3,722.59 $6,635.61 Open Range $8,065.62 $79,627.27 Open Range $96,787.44 Maintenance Worker II Non-Exempt $2,916.75 $3,062.59 $3,215.72 $3,376.50 $3,545.33 $6,319.62 $6,635.61 $6,967.39 $7,315.75 $7,681.54 $75,835.49 $79,627.27 $83,608.63 $87,789.06 $92,178.51 Maintenance Worker I^ Non-Exempt $2,591.85 $2,721.44 $2,857.51 $3,000.39 $3,150.41 $5,615.67 $5,896.45 $6,191.27 $6,500.84 $6,825.88 $67,388.00 $70,757.40 $74,295.27 $78,010.03 $81,910.53 Biweekly Monthly Annual
Revised: 06/13/2023 Adopted by City Council 08/XX/23
Resolution 2023-XX
106
Agenda Item # 8.
Minimum Wage Increase: $17.20 effective 01/01/23
Part-Time Classifications: Market Range Adjustment to Individual Classifications, effective 09/03/23 + Market Range Adjustment
City of Los Altos - Part-Time Hourly Rate Schedule FY 23/24 Resolution 2023-XX
Part-Time Classifications Title FLSA Status
Employment
Status
Rate Type Min Max
Network Engineer Non-Exempt Part-Time Hourly $50.00 $75.00 Public Safety Specialist - Dispatch+ Non-Exempt Part-Time Hourly $61.77 $75.08 Project Manager+ Non-Exempt Part-Time Hourly $42.50 $75.00 Property & Evidence CSO Non-Exempt Part-Time Hourly $43.12 $52.41 Emergency Preparedness Coordinator+ Non-Exempt Part-Time Hourly $50.44 $61.30 Police Officer (Reserve) - Level I+ Non-Exempt Part-Time Hourly $64.00 $64.00 Department Support Specialist Non-Exempt Part-Time Hourly $35.70 $45.90 IT Technician+ Non-Exempt Part-Time Hourly $37.97 $52.88 Parking Enforcement Officer+ Non-Exempt Part-Time Hourly $41.45 $49.73 Public Safety Specialist - Records+ Non-Exempt Part-Time Hourly $30.61 $42.84 Project Coordinator+ Non-Exempt Part-Time Hourly $31.14 $43.21 Preschool Teacher III+ Non-Exempt Part-Time Hourly $26.25 $32.05 Recreation Specialist Non-Exempt Part-Time Hourly $25.00 $30.00 Clerical Assistant II+ Non-Exempt Part-Time Hourly $27.53 $34.46 Maintenance Worker I+ Non-Exempt Part-Time Hourly $24.42 $29.97 Preschool Teacher II+ Non-Exempt Temporary Hourly $22.25 $26.00 Clerical Assistant I+ Non-Exempt Part-Time Hourly $19.00 $27.00 Recreation Leader III Non-Exempt Seasonal Hourly $18.75 $21.75 Facility Attendant+ Non-Exempt Part-Time Hourly $17.20 $21.74 Intern+ Non-Exempt Temporary Hourly $17.20 $24.66
Preschool Teacher I+ Non-Exempt Temporary Hourly $18.75 $21.85 Recreation Leader II+ Non-Exempt Seasonal Hourly $17.20 $20.30 Recreation Leader I+ Non-Exempt Seasonal Hourly $17.20 $18.85 Council Member Non-Exempt Part-Time Stipend Stipend $300.00 / Month Police Officer (Reserve) - Level II Non-Exempt Per-Diem Stipend Stipend $200.00 / Month
Revised: 06/13/2023 Adopted by City Council 08/XX/23
Resolution 2023-XX
107
Agenda Item # 8.
AGENDA REPORT SUMMARY
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: August 22, 2023
Subject: Los Altos History Museum Contract
Prepared by: Anthony Carnesecca, Assistant to the City Manager Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Los Altos History Museum Agreement 6-10-2005
Initiated by:
City Council
Previous Council Consideration:
May 23, 2023
Fiscal Impact:
The current fiscal year budget (1110-5400) includes $120,000 in funding for the Los Altos History Museum. Of these funds, $65,000 have been approved and $55,000 are pending Council approval.
Environmental Review:
Not applicable
Policy Question(s) for Council Consideration:
Does the City Council wish to direct the City Manager to sign a new funding contract with the Los Altos History Museum in the initial amount of $120,000 annually for five years? Summary:
The City signed an agreement in 2005 with the Los Altos History Museum. The Los Altos History Museum proposed an adjustment to the agreement. The City Council directed City staff to meet with Los Altos History Museum representatives regarding their proposal.
City staff and the Los Altos History Museum propose a new agreement where ownership costs are the responsibility of the City and operational costs are the responsibility of the History Museum.
108
Agenda Item # 9.
Subject: Los Altos History Museum Contract
August 22, 2023 Page 2
Purpose
Direct the City Manager to sign a new contract with the Los Altos History Museum in the initial amount of $120,000 annually for five years.
Background
In 1989, the Los Altos City Council approved conceptual plans presented for the construction of a museum on City property for the purpose of preserving and displaying local historical artifacts and to provide an historical and educational facility for the community.
After design approval, a fund-raising campaign was started that ultimately led to the construction and opening of the museum in March 2001 on the Civic Center property. As part of the initial agreement, the museum building was gifted to the City and the City retains control of all areas of the museum building and land while the Association of the Los Altos Historical Museum manages and facilitates the programs and operations of the Los Altos History Museum.
Per the agreement from 2005, the City shall “maintain and repair the museum. This shall include the structure, roof, doors, security systems, lighting, irrigation, plumbing, pest control, painting, elevator and heating and ventilating systems; the City shall provide utilities including gas, electricity, water, telephone, data service, sewer and garbage collection.” In addition to maintaining and repairing the museum, the City shall “provide to the Museum a fixed annual contribution of sixty-five thousand dollars ($65,000) for general support.” The History Museum has taken on responsibilities outside of the contract, including landscaping, certain mechanical and maintenance tasks, and a cleaning contract.
Additionally, the Los Altos History Museum is responsible for managing the museum, the collection, and all associated exhibits. The Museum shall “purchase and maintain at its own expense a two million dollar ($2,000,000) liability insurance policy, naming City and its officers, agents, and employees as additional insureds.”
These additional responsibilities and costs are necessary for the maintenance and care of the History Museum, but are not considered in the original contract. They are costs associated with the ownership of the Museum and are not covered under the $65,000 contract.
The Los Altos History Museum requested additional funding through the City of Los Altos NonProfit and Civic Organization Contribution application process in the amount of $55,000 totaling $120,000. City Council directed staff to work with the Los Altos History Museum to better articulate their request and return to the City Council for a review of their request while incorporating that $120,000 in the budget moving forward. 109
Agenda Item # 9.
Subject: Los Altos History Museum Contract
August 22, 2023 Page 3
Discussion/Analysis
City staff met with Elisabeth Ward and Larry Lang from the Los Altos History Museum to discuss their request for additional funding.
After meeting with them, City staff proposes that the City take full responsibility for all costs associated with owning and maintaining the structure of the building without having to directly manage those items. The Museum is the City’s building and City staff would be responsible for all associated cost with operations and maintenance if not for the Museum.
The Los Altos History Museum currently manages the gardening services and maintenance repairs with the use of staff and volunteers and contracts for cleaning services. These costs would be required of City staff if not for the Museum, so City staff proposes that these be incorporated into the contract moving forward because they are provided at a lower rate than the City could provide with staff time.
Moving forward, City staff and the Los Altos History Museum representatives propose the following structure that covers the expenses of operations while still providing the fixed contribution for programming purposes:
Expenditure Amount
Operations
Cleaning Services (Contract) $10,000
Gardening Services (Hours and Plants) $20,000
Insurance $15,000
Small Maintenance/Mechanical Expenses (Hours and Items) $10,000 Programming
History Museum Programming $65,000
Grand Total $120,000
The chart illustrates rough estimates based upon the expenditures and will adjust based upon increases for contracts or goods over time.
The proposal is for a five-year contract with a three-year look-in to verify that the contract still works for both parties and an automatic renewal after five years if City Council does not wish to address the contract at that time.
110
Agenda Item # 9.
Subject: Los Altos History Museum Contract
August 22, 2023 Page 4
Recommendation
Staff recommends the City Council approve the drafting and execution of a new contract, based on the responsibilities outlined in this report.
111
Agenda Item # 9.
AGREEMENT BETWEEN THE
CITY OF LOS ALTOS, CALIFORNIA,
AND THE ASSOCIATION OF THE LOS ALTOS HISTORICAL MUSEUM FOR THE
OPERATION OF THE LOS ALTOS HISTORY HOUSE AND MUSEUM
THIS AGREEMENT ("Agreement") is made and entered into as of the ID"'" day of :(VNE , 2005, by and between the CITY OF LOS ALTOS, a municipal corporation ("CITY"), and the .\.ssooation of the Los Altos Historical Museum ("ASSOCIATION").
RECITALS
WHEREAS, 111 1989, the Los Altos City Council approved conceptual plans presented by the ASSOCIATION for the constructi.on of a museum on CITY property, the construction of which would be fmanced by private donati.ons and the operations of which would be the responsibility of the ASSOCIATION. Construction and operati.ons of the museum by the ASSOCIATION are for the purpose of preserving and displaYing local histoncal artifacts and to provide an historical/educational facility for the commumry; and
WHEREAS, in 1996, after design approval by both the CITY and ASSOCIATION, a fund raising campaign was started that ultimately led to the construction and opening of the museum in March, 2001; and
WHEREAS, the museum building IS located on CI1Y land within the Civic Center on San Antonio Road in Los Altos, Califorl11a, and the building will be gifted to the CITY by ASSOCIi'\.TION by a separate instrument upon execution of the Agreement, and WHEREAS, CITY retains control of all areas of the museum building and land, and except as set forth in the Agreement, reserves the right to determine the use of all of the museum building, History House, and surrounding grounds, landscap111g and patio areas, and referred to as the MUSEUM; and
WHEREAS, the ASSOCL\TIO. eXists for the sole purpose of managing, facilitating and funding the programs and operatlOns of t\ICSEL!VI for wh.ich purpose all funds raised by ASSOCIATIOl\; are designed to be used unless otherwise stated in the Agreement; and WHEREAS, the purpose of tim A.greement is to authorize .ASSOCIATION to operate and maintain CITY'S building as a MUSEl M as a serVlCe to the general public and schools, to set forth responsibilities between CITY and <-\SSOCL\.TION and usage under which MUSEUM is to be operated and maintained.
NOW, THEREFORE, in conSideration of the covenants, cond.itions and promises hereinafter contained, to be kepr and performed b}' then parties hereto, IT IS AGREED AS FOLLOWS:
\JH\6577702 -1 01-050305-13552001
112
Agenda Item # 9.
CITY'S RESPONSIBILITIES
1. CI1Y shall allow ASSOCLATION to usc CI1Y'S build.ing as a MUSEUM for ASSOCIATION'S exh.iblt: exclusively for the preservation, education and development of the history of Los .Altos, Los .Altos Hills and the surrounding areas, unless otherwise stated in this Aareement. IfASSOCIATION ceases to operate M SEUM under the terms of this Agreement, CITY reserves the right to use the structure or grounds for other civic purposes,
2. CITY authorizes . SSOC \ TION to usc CI1Y'S collection of historical artifacts, consisting of histoncal documents, pictures, furniture, equipment and exhibits ("COLLECTION"), as long as ASSOCIATIO"t' operates .\Il'SEU\tl under the terms of this Agreement, it being understood that items in CITY'S possession shall be made available in CITY'S reasonable dIscretion,
3. CITY authorizes ASSOCI.ATION to hold public and private events, which are of benefit to the MUSEUM and to hold fund-raisers and e\'ents for the purpose of supporting the development and operation of the MUS .tf.
4. CITY authorizes 1\SSOCIATION to use l'"IlSFU I[ for the purpose of: 1) restoration and maintenance of CITY'S COLLECTION, 2) development of MUSEUM'S exhibits and facilities, and 3) presenting ;'vIUSFUM collection, M SE' M'S exhibits, educational programs, services, and facilities for the general public and school groups. 5, CI1Y, except as otherwise provided in this .Agreement, in connection with ASSOCIATION'S responSibilities, shall provide, and maintain and repair MUSEUM. This shall include the structure, roof, Ooors, security systems, lighting, irrigation, plumbing, pest control, painting, elevator and heating and ventilating svstems; CITY shall provide utilities including gas, electricity, water, telephone, data service, sewer and garbage collection. All of the foregoing shall be subject to funding deSignated for such purposes in CITY'S Service and Financial Plan.
CITY shall mainrall1 reserns to be increased by no less than ten thousand dollars ($10,000) annually in CIT'{'S l'acdlry l\eplacclllcnt I·und.
6. CITY shall provide to the :vIl 'SEL~I a Exed annual contribution of sixty-five thousand dollars (S65,OOO) for general support of the .\ILShUM.
ASSOCIATION RESPONSIBILITIES
1. ASSOCIATION shall be solek responsible for management operations and maintain the . 1CSECl'vl (except as proVided 111 CITY'S Responsibilities set out in Paragraph 5 above) through fund raising activities and the usc of volunteers.
2. ASSOCL\1'101\.' shall pro\,ide personnel to design, fabricate, install and maintain exhibits, develop MUSEC:\I programs, staff i\fUSElIM (tour docents) and its store during open hours and assist in cam'iog out the (reneral MUSEUM administration. ASSOCIATION shall be responsible for recruitment, training, supervision and schedul.ing of all volunteers.
IJHI657770.2 -2
01-050305-13552001
113
Agenda Item # 9.
3. ASSOCIATION shall hirc a Chief Exccuti\·c Officer who shall report to ASSOCIATION'S Board of Diteccor or to a designated member of the Board. The ASSOCIATION will hire other staff and independent conrractors who shall report to the Chief Executive Officer.
4. ASSOCIATION shall be responsible for scheduling all events at MUSEUM.
ASS CIATIOI shall be responsible for planning all museum-related events held at MU, 1', _1, provid.ing for all necessary equipment and staffmg, and seeing that all necessary pernuts and/or llccnsc, fequlred by law are obtained. Scheduling priorities shall be opening MUSEUM fOf general public and school groups (first priority), revenue generating events (second priority) and CITY events (third priority). ASSOCIATION shall not charge CITY for CITY events as long as CITY provides its own set up, staffmg and janitorial clean up after the event. CITY in using ]'vIU SF M for events shall abide by all regulations establlshed by ASSOCI \ 110N for use of IUSEUM.
5. [\.SSOCIATIO~ shall prmide CITY with an annual financial report ninety (90) days after the close of\SSOCl \nUN'S flseLI \c;lL CITY shall have the nght to examine the financial records of :-\.SSOCL\TfU'\. at any time upon ten (10) days' notice.
6. ASSOCIATION shall utilize all funds received by ASSOCIATION for development and operations of M SE 'rA and its programs. ASSOCIATION shall hold such funds in accounts designated for such purposes.
7. ASSOCIATION shall malIlt;1in 501 (c) (3) status as a charitable non-profit association.
8. ASSOCL\TION shall not c0I111n.it, suffer, permit, allow or authorize any of the following acts dunng the term of this _\gl'ccmenr:
a. Tr;1nsfer, sell or assign its rights or obllgations under this Agreement or any interest herein to any person or entity Without prior written ;1pproval of CITY.
ASSOCIATIOK may urdi;,c persons or organizations at ASSOCIATION'S expense for services that arc the responsibility of ASSOCIATION such as janitorial and creation or rental of exhibits.
b. Change or alter ]'\,IL'SEUi\'! without pnor written approval of CITY. e. Construct or install any permanent fence, barrier, sign, exterior exhibit, or structure without prim wntten approval of CIT'):'.
d. Perform an:' work such as plumbll1g, electrical, floor repair, interior and exterior painting without the prior \.\iritten approval of CITY. e. Accept or remove valuable (defmed as any item in excess of $10,000.00) MUSEUM acquisitions or any part of ITY'S COLLECTION without prior written approval of CITY.
9. ASSOCIATI()~ shall cooperate with and keep CITY informed of all ASSOCIATION programs and actiVities.
10, r\SSOCI.\TIOr( shall pmch~lsc and mal11tain at its own expense a two million dollar (52,000,000) liability l11SUL1l1Ce policy, naming cnY and its officers, agents, and employees as additional insureds. CITY shall be provided with a contractual liability endorsement \JH\657770.2 -3 01-050305-13552001
114
Agenda Item # 9.
specific::llly rderenclllg this Agrcemcnr. If recluired by law, ASSOCIATION shall provide workers' compensation insurance for, \SSO'IATION'S volunteers and staff.
11. ASSOCI/\TION shall purchase, maintam and provide all furniture, equipment, including office equipment, computers, exh.ibit cases, exhibit furniture, office supplies, printed materials, postage and MUSE i},.J store inventory.
12. ASSOCIATIO shall be entitled to exclusive use of the MUSEUM logo and other copyrighted protected products 01: designs obtamed by ASSOCIATION for the use of M TSEl'M or MU E'M store
GENERAL PROVISIONS
1. RESOLUTION OF DISPUTES, Mediation. Should any dispute arise out of this
Agreement, the pames shall meet in mediaoon and attempt to reach a resolution with the
assistance of a mutually acceptable med.iator. The costs of the mediator, if any, shall be paid
equally by the parties. If a mediated settlernent is reached, neither party shall be deemed the
prevailing party for purposes of the settlement, and each party shall bear its own legal costs
and fees. 1 Jelther party shall be permittecl to file a legal action without ftrst meeting in
mediaoon and mak.i.ng a good faith attempt to reach a mediated resolution,
2. TERMINATION OF AGREEMENT.
a. Except for breach of all\" of the terms ancl conditions as set forth in the Agreement, this Agreement may be terminated at any time by mutual consent by both parties, expressed m WIltlng.
b. }ldditional grounds for term.ination 1l1c!udc:
(i) IfASSOCl.",TIO . shall become bankrupt or insolvent, or if there shall be any default in the terms of tll1S perm.it b,' r\ 'SOCIATION, CITY may, if it is meeting all of the CITY'S RESP )NSIBILITIES as set forth in this Agreement, cancel and termmate this .\greement by the following procedure:
(ll) CITY shall give. \SS )C 1. \TION written notice of the particulars of the default.
If AS ~OCIATI()N fails to remedv the default within a period of ninety (90) davs, or within such greater time as CITY may approve, then this Agreement shall automatically termll1ate and all rights of ASSOCIATION shall cease and termlna teo
c.. If this\greement IS terminated, j'vICSE l i related structures and installed improvements shall rema1l1 the property of the CITY. The Collections shall also remain the property of CTlY.
3. SPONSORSHIP AGREEMENTS.\SSOCIATION may enter into sponsorsh.ip agreements With indi"iduals or cmnpanies to place structures, improvements, and facilities at Ml'SEl M with prior approval of en'\'.
4. ANNUAL MEETING. CITY and ~-\SSOCT:\TION shall meet each year and cooperatively develop their respectivc operations, mainrcnance, and capital improvements budgets for MTJSEU)'vI and relatcd facilitles subject to this ;\greement. \JH\6577702 -4 01-D50305·13552001
115
Agenda Item # 9.
5. FURTHER ASSURANCES. Both parties may enter into Letters of Understanding, as conditions warrant, pursuanc to the foregoing terms and conditions, to further define the details of joint and shared responsibilities regarding the day-to-day operations of MUSEUM.
Any such Letters of L' ndcrstandin?, ~hall not alter, modify, or change any provision(s) of this Agreement. In case of con fueL thi. \u; 'ecl11el1r shall prevail.
6. AMENDMENT. No amendment to this Agreement shall be valid or binding unless made in writing and duly authorized on behalf of both parties.
7. NOTICES. Any notices to be gi\Cl1 under this. \grccment by either party to the other shall be in wntmg and ma\' be effected either by personal delivery or by mail, registered or certified, postage prepaid with rerum receipt re9uested. \tfailed notices shall be addressed as follows:
CITY
City Manager
Citv of Los 1\ltos
,
One North, an AntoniO Road
Los Altos, CA 94022
ASSOCIATION
Pn:~ickJlt
The _\ ~sociation of the Lus .\ lto~ Historical Museum
51 SOllth San.\ntoOlo l{ll:ld
Los .?dtos, CI\ 94022
8. PARTIAL INVALIDITY. If am' provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
9. BINDING. ThiS .-\greement shall IX' binding upon and shall inure to the benefit of the heirs, executors, adminlstrators, aS~lgns and successors-in-interest to the parties hereto.
10. NO IMPLIED WAIVERS. The failure of either party at any time to require performance by the other party of any provisions hereof shall not affect in any way the full right to require such performance at any time thereafter. Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
11. APPLICABLE LA AND FOR. This _\grcement shall be construed and interpreted accord.ing to the laws of the. 'tatc of California in any action to enforce the terms of this Ao-reement or for the breach thereof, and shall be brought and tried in the County of Santa lara, _ali fornia.
12. CONSTRUCTION. To the fullest extent allowed by law, the provisions of this Agreement shall be construed and given effect in the manner that avoids any violation of statute, ordinance, regulation or law.
13. INTEGRATION. This\gr ClTIent supersedes any and all agreements, either oral or written, bet:\veen the pawcs hereto and contains all the covenants and agreements between the parties \JH\6577702 -5
01-050305·13552001
116
Agenda Item # 9.
with respect to rhe l1lalters SCi out in rhis ,\grl'l'mcnt. Each party to this J\grecment acknowledges lhar no represClltarinns, induccments, promises or agreements, orally or otherwise, have hcen madc h\ an\ p;lrrv llI' ;l11\'onc ;lcting on behalf of any rarty, which arc nut embodied hCl'cin, ,111(1 tll:lt n() ()rher agreemcnt, statement, or prolnise not contained in this r\gret'lllcnr sh:tll be \':did or hlI1LlIng. .·\n\' mudific;ltion of this Agreement shall be cffecrin' only if ir is in \\Tiring, siglleJ b\· rhe parry ro be chargec..l.
ASSOCIATION OF LOS ALTOS HISTORICAL MUSEUM
By trpl1J1. 111!U-""-'j~_
Its: Presidenr
IJH\657770 2 -(1 01-050305-1355200 I
117
Agenda Item # 9.
Reviewed By:
City Manager City Attorney
GE JH
Assistant City Manager
JM
AGENDA REPORT SUMMARY
Meeting Date: August 22, 2023
Subject: Specialized Housing Regulations
Prepared by: Nick Zornes, Development Services Director Reviewed by: Jon Maginot, Assistant City Manager
Jolie Houston, City Attorney
Approved by: Gabe Engeland, City Manager
Attachment(s):
1. Draft Ordinance
2. Appendix A
3. Assembly Bill No. 101
4. Assembly Bill No. 101 – HCD Fact Sheet
5. Assembly Bill No. 101 – HCD AB 101 Checklist
6. Assembly Bill No. 2162
7. Assembly Bill No. 2162 – HCD Fact Sheet
8. Health & Safety Code – Section 17021.5
9. Health & Safety Code – Section 17021.6
Initiated by:
City of Los Altos adopted 6th Cycle Housing Element, Program 4.C, 4.D, 4.E, 4.F Fiscal Impact:
No fiscal impacts are associated with the adoption of these implementing regulations.
Environmental Review:
This Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970.
Summary:
The draft ordinance incorporates regulations for Low Barrier Navigation Centers, Transitional and Supportive Housing, Employee/Farmworker Housing, and Reasonable Accommodations consistent with State law. The draft ordinance was developed to create a standalone chapter within the Los Altos Municipal Code for the proposed regulations, which will allow for easier access and understanding by internal and external stakeholders.
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August 22, 2023 Page 2
Staff Recommendation:
Introduce & Waive Further Reading of Zoning Ordinance Text Amendments incorporating Chapter 14.63 to the Los Altos Municipal Code to implement Program 4.C allowing Low Barrier Navigation Centers consistent with AB 101, Program 4.D allowing of Transitional and Supportive Housing consistent with State law, Program 4.E allowing Employee/Farmworker Housing consistent with State law, Program 4.F allowing for Reasonable Accommodations for disabled persons’ consistent with Federal Fair Housing Act, and California Fair Employment and Housing Act. The proposed amendments are exempt from environmental review pursuant to Section 15061(b)(3) (Commonsense Exemption) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment.
Background:
On January 24, 2023, the Los Altos City Council adopted the City’s 6th Cycle Housing Element 2023-2031. As required by law, the adopted housing element has several housing programs contained within. The City of Los Altos identified specific programs in its housing element that will allow it to implement the stated policies and achieve the stated goals and objectives.
Programs must include specific action steps the City will take to implement its policies and achieve its goals and objectives. Programs must also include a specific timeframe for implementation, identify the agencies or officials responsible for implementation, describe the city’s specific role in implementation, and (whenever possible) identify specific, measurable outcomes.
Programs 4.C, 4.D, 4.E, 4.F of the adopted 6th Cycle Housing Element were initially required to be implemented during the 5th Cycle Housing Element by development and integration of regulations in the Los Altos Municipal Code. The draft ordinance under consideration implementing Programs 4.C, 4.D, 4.E, 4.F is required to be adopted no later than December 31, 2023. Due to the various requirements and deliverables of the 6th Cycle Housing Element the draft ordinance was prepared early to help ensure that ample time is available to execute several other adopted programs.
Analysis:
The City’s adopted 6th Cycle Housing Element 2023-2031, included Program 4.C. The housing program requires the proposed ordinance amendments to Allow Low Barrier Navigation Centers consistent with AB 101. The draft ordinance included in this agenda packet effectively completes these deliverables as explicitly called out within the housing program.
Program 4.C: Allow Low Barrier Navigation Centers consistent with AB 101.
The Zoning Code does not address low barrier navigation centers (LBNCs), defined as Housing First, low-barrier, service enriched shelters focused on moving people into permanent housing that provide temporary living facilities while case managers 119
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Subject: Specialized Housing Regulations
August 22, 2023 Page 3
connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing (Government Code §65660). State law requires LBNCs to be permitted by-right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses provided they satisfying the provisions established by AB 101 (see Government Code §65662). This would allow LBNCs in the CD/R3, CN, CD, CRS, CT, and CRS-OAD districts. The City will amend its Zoning Code to explicitly allow LBNCs as provided by State law.
Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: December 2023
The City’s adopted 6th Cycle Housing Element 2023-2031, included Program 4.D. The housing program requires the proposed ordinance amendments to Allow transitional and supportive housing consistent with State law. The draft ordinance included in this agenda packet effectively completes these deliverables as explicitly called out within the housing program.
Program 4.D: Allow transitional and supportive housing consistent with State law.
Allow transitional and supportive housing by right in all zones which allow residential uses, subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zone, consistent with State law. Additionally, transitional, and supportive housing that qualifies under AB 2162 will be allowed by right in zones where multi-family and mixed uses are allowed, including nonresidential zones that allow multi-family uses, consistent with AB 2162 (Government Code §65651).
Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: December 2023
The City’s adopted 6th Cycle Housing Element 2023-2031, included Program 4.E. The housing program requires the proposed ordinance amendments to Allow employee/farmworker housing consistent with State law. The draft ordinance included in this agenda packet effectively completes these deliverables as explicitly called out within the housing program.
Program 4.E: Allow employee/farmworker housing consistent with State law.
The City will amend the Zoning Code to allow employee housing consistent with Health and Safety Code §17021.5 and 17021.6.
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Subject: Specialized Housing Regulations
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Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: December 2023
The City’s adopted 6th Cycle Housing Element 2023-2031, included Program 4.F. The housing program requires the proposed ordinance amendments to Reasonably accommodate disabled persons’ housing needs. The draft ordinance included in this agenda packet effectively completes these deliverables as explicitly called out within the housing program.
Program 4.F: Reasonably accommodate disabled persons’ housing needs.
Both the federal Fair Housing Act and the California Fair Employment and Housing Act direct local governments to make reasonable accommodations (i.e., modifications or exceptions) in their zoning laws and other land use regulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. The Zoning Code does not currently contain procedures for reasonable accommodations. The City will adopt reasonable accommodation procedures compliant with State and federal law.
Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: Adopt an ordinance by December 2023; report to City Council on number of reasonable accommodations requests submitted and the status of each (i.e., approved, denied (and reason for denial), or under review), Annually.
Objective: The City will adopt a reasonable accommodation ordinance and process request as submitted with the target of approving at least three reasonable accommodation requests by January 31, 2031.
Discussion:
The actions included within the attached draft ordinance are requirements pursuant to the City’s adopted 6th Cycle Housing Element. Once a jurisdiction takes final action by adopting its housing element this requires immediate action in order to remain compliant with State housing law. The City of Los Altos Housing Element contains 26 major action items or milestones that must be completed within the first 12-months post adoption. The draft ordinance will effectively accomplish the majority of 4 of the 26 items or milestones to be achieved in the first 12-months. 121
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Subject: Specialized Housing Regulations
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Planning Commission Consideration:
On August 3, 2023, the Los Altos Planning Commission reviewed the draft ordinance which incorporates Chapter 14.63 to the Los Altos Municipal Code to implement Program 4.C allowing Low Barrier Navigation Centers consistent with AB 101, Program 4.D allowing of Transitional and Supportive Housing consistent with State law, Program 4.E allowing Employee/Farmworker Housing consistent with State law, Program 4.F allowing for Reasonable Accommodations for disabled persons’ consistent with Federal Fair Housing Act, and California Fair Employment and Housing Act.
The Planning Commission received a presentation from the Development Services Director, asked clarifying questions, opened the Public Hearing to receive testimony (although no public comments were received), and discussed the item. The item was unanimously recommended to proceed as presented with no modifications to the City Council for Introduction and Adoption. 122
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1 ORDINANCE NO. 2023-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS CREATING CHAPTER 14.63 OF THE LOS ALTOS MUNICIPAL CODE TO IMPLEMENT PROGRAM 4.C, PROGRAM 4.D, PROGRAM 4.E AND PROGRAM 4.F
OF THE SIXTH CYCLE HOUSING ELEMENT UPDATE
WHEREAS, the City Council is empowered pursuant to Article XI, Section 7 of the California Constitution to make and enforce within the City all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, on January 24, 2023, the City Council approved the City’s Sixth Cycle Housing Element Update; and
WHEREAS, Program 4.C of the Housing Element Update calls for the allowing Low Barrier Navigation Centers consistent with AB 101; and
WHEREAS, Program 4.C of the Housing Element Update expressly allows Low Barrier Navigation Centers in CD/R3, CN, CD, CRS, CT, and CRS-OAD Districts within the City of Los Altos; and
WHEREAS, Program 4.D of the Housing Element Update calls for the allowing of Transitional and Supportive Housing consistent with State law; and
WHEREAS, Program 4.D of the Housing Element Update expressly allows Transitional and Supportive Housing in R3-4.5, R3-5, R3-3, R3-1.8, R3-1, CD-R3, and CT Districts within the City of Los Altos; and
WHEREAS, Program 4.E of the Housing Element Update calls for the allowing Employee/Farmworker Housing consistent with State law; and WHEREAS, Program 4.E of the Housing Element Update allows employee housing for seven (7) or more within zones that also allow for Agricultural Uses are by-right uses; and WHEREAS, Program 4.E of the Housing Element Update allows employee housing providing accommodations for six (6) or fewer employees shall be deemed a single-family dwelling and allowed in all residential zones within the City of Los Altos; and WHEREAS, Program 4.F of the Housing Element Update calls for the Los Altos Municipal Code to allow for Reasonable Accommodations for disabled persons’ consistent with Federal Fair Housing Act, and California Fair Employment and Housing Act; and WHEREAS, having committed itself to implement Housing Element Update in its entirety, the City Council now desires to adopt this Ordinance; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and
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2 NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:
SECTION 1. AMENDMENT OF CHAPTER 14.63 OF THE MUNICIPAL CODE. Chapter
14.63 of the Los Altos Municipal Code are hereby added as set forth in Appendix A to this Ordinance, underline indicating addition.
SECTION 2. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Director of Development Services, in their reasonable discretion, after consulting the City Attorney.
SECTION 3. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption hereof.
The foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on __, 2023, and was thereafter, at a regular meeting held on ___, 2023, passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Sally Meadows, MAYOR
Attest:
____________________________
Melissa Thurman, MMC, CITY CLERK
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APPENDIX A
AMENDMENTS TO CHAPTER 14.29
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CHAPTER 14.63 – SPECIALIZED HOUSING REGULATIONS
Article 1. Supportive and Transitional Housing
Section 14.63.010 – Purpose
The purpose of this Section is to establish provisions for the review of supportive and transitional housing. The established provisions of this chapter shall allow for all proposed supportive and transitional housing to be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses.
Section 14.63.020 – Definitions
“Supportive housing” shall mean a housing development project as defined in Government Code section 65582(g), as may be amended or renumbered from time to time, as being housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone. “Target population” means persons with low incomes who have one or more disabilities as described in section 65582(i) of the Government Code.
“Transitional housing” shall mean a housing development project as defined in Government Code section 65582(j), as may be amended or renumbered from time to time, as being building(s) configured as a rental housing development, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
Section 14.63.030 – Allowed Zoning
The districts established by this section shall allow supportive and transitional housing and are designated as follows:
Multiple-Family District (R3-4.5)
Multiple-Family District (R3-5)
Multiple-Family District (R3-3)
Multiple-Family District (R3.1.8)
Multiple-Family District (R3-1)
Commercial Downtown/Multiple-Family District (CD/R3)
Commercial Thoroughfare District (CT)
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Section 14.63.040 – Development Standards
Development Standards shall be the same for supportive and transitional housing as they are for any residential housing development located within the zoning district. Additional standards specific for supportive and transitional housing developments are as follows:
A. Units within the development are subject to a recorded affordability restriction for fiftyfive (55) years.
B. One hundred percent (100%) of the units, excluding managers’ units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income residents. For purposes of this paragraph, “lower income households” has the same meaning as defined in section 50079.5 of the Health and Safety Code.
C. At least twenty-five percent (25%) of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet the criteria of the target population. If the development consists of fewer than 12 units, then one hundred percent (100%) of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing.
D. The developer provides the planning agency with the information required by Section 65652 of the Government Code.
E. Nonresidential floor area shall be used for onsite supportive services in the following amounts:
1. For a development with twenty (20) or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
2. For a development with more than twenty (20) units, at least three percent (3%) of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
F. The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915 of the Government Code.
G. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
H. Parking.
1. Parking stall requirement shall be one-half (0.5) per unit and one (1) for each onsite management/staff.
2. No Parking shall be required within one half mile of a public transit stop.
Section 14.63.050 – Application Review
1. The Development Services Department shall notify the project applicant whether the application is complete within thirty (30) days of receipt of an application.
2. After the application is deemed complete, the Development Services Department shall complete its review of the application within sixty (60) days for projects of fifty (50) or 127
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fewer units and one hundred and twenty (120) days for projects of fifty-one (51) and greater.
Article 2. Low-Barrier Navigation Center
Section 14.63.060 – Purpose
The purpose of this chapter is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with Government Code Section 65660.
Section 14.63.070 – Definitions
“Low-barrier navigation center” means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Section 14.63.080 – Applicability & Review
The provisions of this chapter shall apply to all low-barrier navigation center projects.
The permit shall be a ministerial action without discretionary review or a hearing. The city will notify a developer whether the developer’s application is complete within 30 days, pursuant to Government Code section 65943. Action shall be taken within 60 days of a complete application being filed.
Section 14.63.090 – Permit Required
A planning permit is required prior to the establishment of any low-barrier navigation center project meeting the following criteria:
1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 128
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1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
14.63.100 – Allowed Zoning
The districts established by this Section shall allow low-barrier navigation centers and are designated as follows:
Commercial Downtown/Multiple-Family District (CD/R3)
Commercial Neighborhood District (CN)
Commercial Downtown District (CD)
Commercial Retail Sales District (CRS)
Commercial Thoroughfare District (CT)
Commercial Retail Sales/Office District (CRS/OAD)
14.63.110 – Development Standards
All low-barrier navigation center development shall meet the following requirements:
A. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
D. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
Article 3. Reasonable Accommodation
Section 14.63.120 – Purpose
The purpose of reasonable accommodations is to provide provisions in accordance with federal and state fair housing laws (42 USC § 3600 et seq. and Government Code §§ 65008 and 12900 et seq., together referred to as “Fair Housing Laws”) for persons with disabilities seeking fair access 129
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to housing in the application of the city's zoning laws. The term “disability” as used in this article shall have the same meaning as the term’s “disability”, “handicapped”, or similar terms, as defined in the Fair Housing Laws, as may be amended from time to time. The purpose of this article is to establish the procedure by which a request for a reasonable accommodation shall be made and processed.
Section 14.63.130 – Applicability
A. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice, or procedure acts as a barrier to housing opportunities.
B. A request for reasonable accommodation may include a modification or exception to the rules, standards, development, and use of housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity for the housing of their choice.
C. A request for reasonable accommodation in regulations, policies, practices, and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. Reasonable accommodation does not affect the obligations of an individual or a developer of housing for an individual with disabilities to comply with other applicable regulations not necessary to achieve the purposes set forth in paragraph (B).
D. If a request for reasonable accommodation is granted, the request shall be granted to an individual and shall not run with the land unless it is determined that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable city or state codes, or (2) the accommodation is to be used by another individual with a disability.
Section 14.63.140 – Request for Reasonable Accommodation A. Application for a request for reasonable accommodation shall be made in writing on a form provided by the Development Services Department. The form shall be signed by the property owner or authorized agent. The application shall state the circumstances and conditions relied upon as grounds for the application and shall be accompanied by adequate plans and all other materials as specified by the Development Services Director. The application shall include the zoning, land use and/or building code provision, regulation, policy or practice from which modification or exception for reasonable accommodation is being requested, including an explanation of how application of the existing zoning, land use or building code provision, regulation, policy or practice would preclude the provision of reasonable accommodation, along with documentation that demonstrates the reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling.
B. If any information provided is identified by an applicant as confidential then the city shall endeavor to withhold that information from copying and inspection by members of the public, to the extent reasonably determined by the city to be authorized or required by applicable law, including Government Code sections 7926.000 to 7926.500 and 7927.705, and Section 1 of Article 1 of the California Constitution. 130
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Section 14.63.150 – Review Authority and Procedure
A. Within 60 days of receipt of a completed application, the Development Services Director, or designee, shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this chapter. The request shall be processed independently of any other required development permits. However, approval of reasonable accommodation may be conditioned upon approval of other related permits.
B. The filing of an application for request for reasonable accommodation shall not require public notice.
C. If necessary to reach a determination on the request for reasonable accommodation, the Development Services Director, or designee, may request further information from the applicant consistent with Fair Housing Laws, specifying in detail the information that is required.
D. The decision on a request for reasonable accommodation shall be final and not appealable.
Section 14.63.160 – Findings
A. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Fair Housing Laws and shall be based on consideration of the following factors:
1. The housing which is the subject of the request for reasonable accommodation will be occupied by an individual, or individuals, with a disability protected under Fair Housing Laws;
2. The requested accommodation is necessary to make specific housing available and/or accessible to an individual with a disability protected under the Fair Housing Laws;
3. The requested accommodation would not impose an undue financial or administrative burden on the City; and
4. The requested accommodation would not require a fundamental alteration in the nature of the city’s land use and zoning and building regulations, policies, practices, and procedures.
B. In granting a request for reasonable accommodation, the Development Services Director, or designee may impose any conditions of approval deemed reasonably necessary to ensure that the reasonable accommodation would comply with the findings required above.
Article 4. Qualified Employee Housing
Section 14.63.180 – Purpose
The Employee Housing Act allows for flexibility in housing types for employee housing, including conventional and nonconventional structures, such as: living quarters, boardinghouse, tent, bunkhouse, mobilehome, manufactured home, recreational vehicle, and travel trailers. The laws and regulations governing these structures depend on the housing type; however, all qualified employee housing must comply with: the Employee Housing Act (Health and Safety Code Section 17000 et seq.) and the Employee Housing Regulations (California Code of Regulations Title 25, Division 1, Chapter 1, Subchapter 3—Employee Housing), which outline specific requirements 131
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for the construction of housing, maintenance of grounds, buildings, sleeping space and facilities, sanitation and heating; and the provisions of this section.
Section 14.63.190 – Definitions
“Qualified employee housing” means employee housing defined in Health & Safety Code section 17008, even if the housing accommodations or property are not located in a rural area, as defined by Health & Safety Code section 50101. Any housing development project approved pursuant to Health & Safety Code section 17021.8 is also “qualified employee housing,” and shall be a permitted use notwithstanding anything to the contrary in this code.
Section 14.63.200 – Review Authority and Procedure
A. Qualified employee housing for seven (7) or more employees shall be considered an agricultural use and shall not require any discretionary approval not required of other agricultural activity in the same zone, provided that:
1. The qualified employee housing should not consist of more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household.
2. All temporary or permanent structures that contain qualified employee housing shall meet the setback, lot coverage, height, and other development standards applicable to the zone in which it is located.
3. Parking shall be provided in accordance with chapters 14.74 and 14.75 of this code, unless the applicant provides substantial evidence demonstrating that the actual parking need is lower, subject to the approval of the Development Services Director.
4. Qualified employee housing shall comply, as applicable, with the following: (1) Employee Housing Act (California Health and Safety Code Sections 17000—17062); (2) Mobilehome Parks Act (California Health and Safety Code Sections 18200— 18700); and Special Occupancy Parks Act (California Health and Safety Code Sections 18860—18874), as may be amended from time to time.
5. Qualified employee housing shall be reviewed and approved subject to the same requirements as other agricultural uses within the same zone.
6. If an existing agriculture use does not have any required permit, a permit for both the agricultural use and qualified employee housing must be obtained. a. The property owner shall obtain and maintain any required permit to operate pursuant to Health & Safety Code section 17030 et seq.
7. The property owner shall: (1) complete and submit to the Development Services Director a verification form no later than thirty (30) days after receiving a permit to operate from HCD; (2) a verification form shall be submitted to the Development Services Director annually to ensure compliance with this Chapter 14.63; and (3) the verification form shall include: information regarding the agricultural use, housing type, number of dwelling units or beds, number of occupants, occupants’ employment information, and proof that a permit to operate has been obtained and maintained. 132
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8. Qualified employee housing – seven or more employees shall be removed or converted to another permitted use at such time as the agricultural activity to which it relates ceases operation for more than twelve (12) consecutive months.
B. Qualified employee housing providing accommodations for six (6) or fewer employees, pursuant to Health and Safety Code section 17021.5, shall be deemed a single-family dwelling and is allowed in residential zones. Qualified employee housing for six (6) or fewer employees is subject to all municipal codes, regulations, and other standards generally applicable to other residential dwellings of the same type in the same zone. 133
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Assembly Bill No. 101
CHAPTER 159
An act to amend Sections 30035.7, 65400, 65585, and 65913.4 of, to add Sections 65589.9 and 65589.11 to, and to add and repeal Article 12 (commencing with Section 65660) of Chapter 3 of Division 1 of Title 7 of, the Government Code, to amend Sections 50199.8, 50517.5, 50517.6, 50517.7, 50650, 50650.3, 50650.4, 50843.5, and 53545.13 of, to add Chapter 6 (commencing with Section 50216) to Part 1 of Division 31 of, to add Chapter 3.1 (commencing with Section 50515) to Part 2 of Division 31 of, and to add and Part 12.5 (commencing with Section 53559) to Division 31 of, the Health and Safety Code, to add Sections 75218.1 and 75244 to the Public Resources Code, to amend Sections 12206, 17058, 17561, 23610.5, and 24692 of the Revenue and Taxation Code, and to amend Section 8256 of the Welfare and Institutions Code, relating to housing, and making an appropriation therefor, to take effect immediately, bill related to the budget. [Approved by Governor July 31, 2019. Filed with Secretary of State July 31, 2019.]
legislative counsel’s digest
AB 101, Committee on Budget. Housing development and financing. (1) Existing law establishes the Community-Based Transitional Housing Program, administered by the Department of Finance (DOF), for the purpose of providing grants to cities, counties, and cities and counties to increase the supply of transitional housing available to persons previously incarcerated for felony and misdemeanor convictions and funded with moneys appropriated for that purpose in the annual Budget Act or other measure.
Existing law requires DOF’s Office of State Audits and Evaluations to conduct a review of the program, commencing July 1, 2018, to determine its effectiveness in providing services to offenders released from state prison or county jail, and authorizes DOF to use up to $500,000 of the amount appropriated in any budget act or other measure for the program for this review, as specified. Existing law requires DOF to provide a copy of the audit to the Joint Legislative Budget Committee no later than May 1, 2019.
This bill would instead require the Office of State Audits and Evaluations to conduct an audit of the program, as specified, and would remove the requirement that the Office of State Audits and Evaluations commence the audit on July 1, 2018. The bill would extend the date by which DOF is required to provide a copy of the audit to the Joint Legislative Budget Committee to no later than May 1, 2020.
(2) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. That law requires the Department
95 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. That law also requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law.
This bill, in any action or special proceeding brought in connection with a violation of state law identified as described above, would require the Attorney General to request that the court issue an order or judgment directing a violating jurisdiction to bring its housing element into substantial compliance with those specified provisions and would require the court to retain jurisdiction to ensure that its order or judgment is carried out. The bill would require a court to conduct a status conference if a jurisdiction has not complied with the order or judgment within a specified time period.
The bill, following the status conference and upon a determination that the jurisdiction failed to comply with the order or judgment, would require the court to, among other things, impose fines, as specified. The bill would require these fines to be deposited in the Building Homes and Jobs Trust Fund, which is partially continuously appropriated. By depositing money into a partially continuously appropriated fund, this bill would make an appropriation. If the jurisdiction has not complied with the order or judgment within specified time periods after the imposition of fines, the bill would require the court to conduct additional status conferences and multiply the amount of the fine and order the appointment of an agent of the court to bring the jurisdiction’s housing element into substantial compliance, as provided. The bill, commencing July 1, 2019, would require HCD, prior to bringing any suit for a violation by a jurisdiction of a specified provision of law, to offer the jurisdiction the opportunity for 2 meetings in person or via telephone to discuss the violation and to provide the jurisdiction written findings regarding the violation, as specified.
This bill, for award cycles commenced after July 1, 2021, would require that jurisdictions, defined as a city, county, or city and county in existing law, that have adopted housing elements determined by HCD to be in substantial compliance with specified provisions of the Planning and Zoning Law, as described above, and that have been designated by HCD as prohousing, as specified, be awarded additional points in the scoring of program applications for housing and infrastructure programs pursuant to guidelines adopted by HCD, as provided.
This bill would require DOF to maintain a list of programs for which a jurisdiction is ineligible if it fails to adopt a housing element that is found to be in substantial compliance with specified provisions of the Planning and Zoning Law. The bill would also require HCD to post on its internet website a list of jurisdictions that have failed to adopt a housing element that has been found by HCD to be in substantial compliance with specified provisions of the Planning and Zoning Law. The bill would require HCD to provide that list to the Office of Planning and Research and any other 95 Ch. 159 — 2 —
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applicable agency or department, as specified. If a jurisdiction is included on that list, the bill would require HCD to offer the jurisdiction the opportunity for 2 meetings in person or via telephone to discuss the jurisdiction’s failure to adopt a housing element that is found to be in substantial compliance with specified provisions of the Planning and Zoning Law and to provide the jurisdiction written findings regarding that failure.
The bill would include findings that changes proposed by these provisions address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (3) The Planning and Zoning Law requires that supportive housing be a use by right, as defined, in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified requirements. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
CEQA does not apply to the ministerial approval of projects.
This bill would require that a Low Barrier Navigation Center development be a use by right, as defined, in areas zoned for mixed uses and nonresidential zones permitting multifamily uses if it meets specified requirements. The bill would define “Low Barrier Navigation Center” as a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. The bill would define the term “use by right” in this context to mean that the local government’s review of the Low Barrier Navigation Center development may not impose certain requirements, such as a conditional use permit or other discretionary review or approval. The bill would provide that CEQA does not apply to an action taken by a public agency to lease, convey, or encumber land owned by a public entity or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by this bill. In addition, the bill, by authorizing Low Barrier Navigation Center developments to be a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA.
The bill would prescribe requirements for notifying a developer that its application for a Low Barrier Navigation Center development is complete and for the local jurisdiction to complete its review of the application. The bill would declare that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities.
The bill would repeal these provisions as of January 1, 2027.
By increasing the duties of local planning officials, this bill would impose a state-mandated local program.
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(4) The Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Existing law provides, among other objective planning standards, that at least 2⁄3 of the square footage of the development be designated for residential use.
Existing law, known as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the jurisdictional boundaries of that city or county with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the jurisdiction for housing, if the developer agrees to construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents and meets other requirements.
This bill would require that the calculation to determine whether 2⁄3 of the square footage of the development is designated for residential use include additional density, floor area, and units, and any other concession, incentive, or waiver, granted pursuant to the Density Bonus Law.
Existing law prohibits a development subject to the streamlined, ministerial approval process from being located on a hazardous waste site, as defined, unless the Department of Toxic Substances Control has cleared the site for residential use.
This bill would instead prohibit a development subject to the streamlined, ministerial approval process from being located on a hazardous waste site, as defined, unless the State Department of Public Health, State Water Resources Control Board, or the Department of Toxic Substances Control has cleared the site for residential use.
(5) Existing law establishes the California Tax Credit Allocation Committee (CTCAC) within state government, which is composed of the Governor, the Controller, and the Treasurer.
This bill would revise the composition of CTCAC to include the Director of Housing and Community Development and the Executive Director of the California Housing Finance Agency.
(6) Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program, to provide assistance to homeless persons. Existing law sets forth the general responsibilities and roles of the Business, Consumer Services, and Housing Agency, HCD, and the California Housing Finance Agency (CalHFA) in carrying out state housing policies and programs.
This bill would establish the Homeless Housing, Assistance, and Prevention Program administered by the Business, Consumer Services, and Housing Agency for the purpose of providing jurisdictions, as defined, with one-time grant funds to support regional coordination and expand or develop local capacity to address homelessness challenges, as specified. Upon appropriation, the bill would require the agency to distribute $650,000,000 among cities, counties, and continuums of care, as provided. The bill, no 95 Ch. 159 — 4 —
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later than February 15, 2020, would require an applicant to submit to the agency its program allocation application. The bill would require the agency to review each plan and make an allocation determination no later than April 1, 2020. The bill would require a recipient of program funds to submit annual progress reports to the agency and a final report, no later than January 1, 2026, regarding the expenditure of funds under the program. (7) The Planning and Zoning Law requires HCD, in consultation with each council of governments, to determine the existing and projected need for housing in each region and further requires the appropriate council of governments, or HCD for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided.
This bill would establish the Local Government Planning Support Grants Program administered by HCD for the purpose of providing regions and jurisdictions with one-time funding. The bill, upon appropriation, would require HCD to allocate $250,000,000 to councils of governments and jurisdictions, as those terms are defined, as well as certain other regional entities to be used for technical assistance, the preparation and adoption of planning documents, and process improvements to accelerate housing production and to facilitate compliance with the 6th cycle of the regional housing need assessment, as provided. The bill would specify eligible uses of these funds. The bill would require these entities to apply for an allocation of funds within specified time periods. The bill would also require these entities to either submit an annual report to HCD, and make that report publicly available on its internet website, containing specified information regarding the uses of funds allocated under the program or, if the recipient is a city or county, include that information in a specified annual report required under existing law.
This bill, by December 31, 2022, would also require HCD, in collaboration with the Office of Planning and Research and after engaging in stakeholder participation, to develop a recommended improved regional housing need allocation process and methodology that promotes and streamlines housing development and substantially addresses California’s housing shortage, as provided. The bill would require HCD to submit a report on its findings and recommendations to the Legislature upon completion.
(8) Existing law requires HCD to establish and administer the Joe Serna, Jr. Farmworker Housing Grant Program, under which, subject to the availability of funds in the Joe Serna, Jr. Farmworker Housing Grant Fund, a continuously appropriated fund, grants or loans, or both, are made available for the construction or rehabilitation of housing for agricultural employees, as defined, and their families or for the acquisition of manufactured housing to remedy the impacts of the displacement of farmworker families. Existing law requires grants and loans made pursuant to this program to be matched by grantees with at least equal amounts of federal moneys, other cash investments, or in-kind contributions, except as specified. Existing law authorizes HCD to set aside up to 4% of funds available in the Joe Serna, 95 — 5 — Ch. 159
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Jr. Farmworker Housing Grant Fund on July 1 of each fiscal year for the purposes of curing or averting a default on the terms of any loan or other obligation by a recipient of financial assistance under the program or to repair or maintain any dwelling unit assisted under the program, under specified conditions.
This bill would require HCD to require, for multifamily housing loans made pursuant to the program, annual loan payments in the minimum amount necessary to cover the costs of project monitoring, as specified. The bill would remove the matching funds requirement. The bill would decrease the amount in the Joe Serna, Jr. Farmworker Housing Grant Fund that HCD is authorized to set aside to 1.5% of funds available.
(9) Existing law establishes the CalHome Program, administered by HCD, to enable low- and very low income households to become or remain homeowners. Existing law requires HCD, under the program, to use appropriated funds to provide grant or loan funds to local public agencies or nonprofit corporations for specified purposes relating to the promotion of home ownership. Existing law requires local public agencies or nonprofit corporations to meet certain eligibility requirements, including underwriting requirements. Existing laws authorizes HCD to permit an applicant to apply its own underwriting guidelines, if HCD approves those guidelines, as well as any alterations to those guidelines. Existing law, the Veterans and Affordable Housing Bond Act of 2018, deposits $300,000,000 to the Self-Help Housing Fund, a continuously appropriated fund, for purposes of the CalHome Program, as specified.
This bill would authorize HCD to make grants to local agencies or nonprofit associations for the construction, repair, reconstruction, or rehabilitation of accessory dwelling units and junior accessory dwelling units. The bill would also authorize HCD to use appropriated funds to make grants to local agencies or nonprofit corporations to assist households that meet certain income requirements and are victims of a disaster, provided that the disaster was proclaimed by the Governor, as specified, received a special appropriation of federal emergency supplemental assistance, or declared by the President. The bill would authorize HCD to adopt guidelines to this effect. The bill would also require HCD to approve any alterations of underwriting guidelines by applicants with respect to how the applicants will ensure participation by low-income households in making loans in response to a disaster.
By expanding the uses of a continuously appropriated fund, this bill would make an appropriation.
(10) Existing law establishes the Local Housing Trust Fund Matching Grant Program for the purpose of supporting local housing trust funds dedicated to the creation or preservation of affordable housing. Under the grant program, HCD is authorized to make matching grants available, through the issuance of a Notice of Funding Availability (NOFA), to cities, counties, cities and counties, and existing charitable nonprofit organizations that have created, funded, and operated housing trust funds. 95 Ch. 159 — 6 —
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This bill would authorize HCD to make matching grants available under the program, as described above, to Native American tribes. The bill would authorize HCD to adopt guidelines to implement the program. The bill would also authorize HCD to make grants to trust funds for the construction, repair, reconstruction, or rehabilitation of accessory dwelling units and junior accessory dwelling units.
Under existing law, the minimum allocation to a program applicant is $1,000,000 for existing housing trust funds, or $500,000 for newly established housing trust funds. The maximum allocation for any applicant is $2,000,000, unless the applicant has previously received a grant through the program, in which case the maximum allocation is $1,000,000. Under existing law, all funds provided under the grant program are to be matched on a dollar-for-dollar basis with moneys that are not required by any state or federal law to be spent on housing. Existing law requires that HCD receive adequate documentation of the deposit in the local housing trust fund of the local match and the identity of the source of matching funds before considering an application for an existing housing trust.
This bill would authorize HCD to increase the minimum allocation above $500,000 to an applicant that is a newly established trust and increase the minimum allocation to all other trusts above $1,000,000. The bill would provide that the matching fund requirement does not apply to specified funds allocated under the Building Homes and Jobs Act that are used to capitalize a regional housing trust fund. In the case of an application for an existing housing trust, the bill would also authorize the applicant to provide evidence of a legally binding commitment to deposit matching funds.
Existing law requires HCD to set aside funding for new trusts, as defined in the NOFA issued for the program. Existing law also requires that funds be used for the predevelopment costs, acquisition, construction, or rehabilitation of specified types of housing, including emergency shelters, safe havens, and transitional housing, as defined by specified law.
This bill would instead require that HCD set aside funding for new trusts, as defined in the guidelines that are authorized by this bill to be adopted to implement the program. The bill would also instead require that funds be used for the predevelopment costs, acquisition, construction, or rehabilitation of emergency shelters, transitional housing, and permanent supportive housing, as defined in those guidelines.
Existing law requires that no more than 5% of the funds appropriated to HCD for purposes of the program be used for HCD’s administrative costs.
This bill would authorize HCD to allow grantees under the program to use up to 5% of the grant award for administrative costs.
Existing law requires that a housing trust fund encumber funds provided under the program no later than 36 months after receipt, but provides for a 12-month extension in certain circumstances. Existing law requires that any funds not encumbered within this period revert to HCD for use in the program or its successor.
This bill would extend the period in which funds are required to be encumbered from 36 months to 60 months.
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This bill would make various technical and conforming changes to the program.
Existing law establishes the Housing Rehabilitation Loan Fund, which is continuously appropriated to HCD for specified purposes relating to housing programs.
By expanding the uses for moneys in the Housing Rehabilitation Loan Fund, a continuously-appropriated fund, the bill would make an appropriation.
(11) The Planning and Zoning Law requires that the housing element of a city’s or county’s general plan, as described above, include, among other things, an assessment of housing needs and an inventory of land suitable for residential development. Existing law sets forth various classifications and definitions for purposes of determining a city’s or county’s inventory.
Existing law establishes the Infill Incentive Grant Program of 2007, administered by HCD, a competitive grant program to facilitate the development of qualifying infill residential projects.
This bill would establish the Infill Infrastructure Grant Program of 2019, which would require HCD, upon appropriation of funds by the Legislature, to establish and administer a grant program to allocate those funds to capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area, as those terms are defined, pursuant to specified requirements. The bill, upon appropriation by the Legislature, would authorize HCD to expend $500,000,000 for the program, as specified.
(12) Existing law establishes a low-income housing tax credit program pursuant to which CTCAC provides procedures and requirements for the allocation, in modified conformity with federal law, of state insurance, personal income, and corporation tax credit amounts to qualified low-income housing projects that have been allocated, or qualify for, a federal low-income housing tax credit, and farmworker housing. Existing law limits the total annual amount of the state low-income housing credit for which a federal low-income housing credit is required to the sum of $70,000,000, as increased by any percentage increase in the Consumer Price Index for the preceding calendar year, any unused credit for the preceding calendar years, and the amount of housing credit ceiling returned in the calendar year. For purposes of determining the credit amount, existing law defines the term “applicable percentage” depending on, among other things, whether the qualified low-income building is a new building that is not federally subsidized, a new building that is federally subsidized, or is an existing building that is “at risk of conversion.”
This bill would also, under the law governing the taxation of insurers, the Personal Income Tax Law, and the Corporation Tax Law, for calendar years beginning in 2020, provide for an additional $500,000,000 that may be allocated to specified low-income housing projects and would, for calendar years beginning in 2021, provide that this amount is only available for allocation pursuant to an authorization in the annual Budget Act or related legislation, and specified regulatory action by CTCAC. The bill, 95 Ch. 159 — 8 —
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under those laws, would modify the definition of “applicable percentage” relating to qualified low-income buildings to depend on whether the building is a new building that is federally subsidized that receives an allocation from the additional $500,000,000 or whether the building is, among other things, at least 15 years old, may serve households of very low income or extremely low income, and will complete substantial rehabilitation, as specified.
Existing law, beginning on or after January 1, 2009, and before January 1, 2020, requires, in the case of a project that receives a preliminary reservation of a state low-income housing tax credit, that the credit be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, as provided. Existing law, beginning on or after January 1, 2016, and before January 1, 2020, authorizes a taxpayer that is allowed a low-income housing tax credit to elect to sell all or a portion of that credit to one or more unrelated parties for each taxable year in which the credit is allowed, as described.
This bill would delete the January 1, 2020, date with respect to both of these provisions, thereby requiring the allocation of credits among partners in accordance with the partnership agreement and authorizing the sale of a credit, as described above, indefinitely.
With respect to the sale of a low-income housing tax credit under these provisions, existing law authorizes the taxpayer to elect to sell all or a portion of the credit in its application to CTCAC. Existing law generally requires that this election be irrevocable, but allows the taxpayer, with the approval of the executive director of CTCAC, to rescind the election to sell if the consideration falls below 80% of the amount of the credit. Existing law also requires that an unrelated party that purchases any or all of a credit under these provisions be a taxpayer that is allowed a credit for the taxable year of the purchase, or was allowed a credit for a prior taxable year, and a state or federal low-income housing tax credit and, except as provided, prohibits the unrelated party from reselling the credit to another taxpayer or other party.
This bill would instead authorize a taxpayer to make a one-time revocation of the election to sell all or any portion of a low-income housing tax credit at any time before CTCAC allocates a final credit amount for a project, at which point the election would become irrevocable. The bill would specifically prohibit a taxpayer from electing to sell all or any portion of a low-income housing tax credit if the taxpayer did not make that election in its application submitted to CTCAC. The bill would also delete the requirement that the unrelated party be a taxpayer that is allowed, or have previously been allowed, a state or federal low-income housing tax credit and the prohibition on the resale of a credit by the unrelated party. (13) The Personal Income Tax Law and the Corporation Tax Law, in modified conformity with federal law, generally disallow passive activity loss and passive activity credits for any taxable year in computing taxable income, but, in the case of a natural person, allow an offset in the case of the low-income housing tax credit of up to $75,000 for any taxable year for 95 — 9 — Ch. 159
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all rental real estate activities in which the individual actively participated in the taxable year, as provided.
This bill, for each taxable year beginning on or after January 1, 2020, would provide that the dollar limitation for the offset for rental real estate activities does not apply to the low-income housing tax credit program. (14) Existing law requires, by July 1, 2019, agencies and departments administering state programs in existence prior to July 1, 2017, to collaborate with the Homeless Coordinating and Financing Council to revise or adopt guidelines and regulations that incorporate the core components of Housing First, an evidence-based model that uses housing as a tool, rather than a reward, for recovery.
This bill would delay the duty of an agency or department that administers programs that fund recovery housing, as defined, to incorporate the core components of Housing First to July 1, 2020. The bill would additionally require an agency or department that administers programs that fund recovery housing to consult with the Homeless Coordinating and Financing Council, the Business, Consumer Services, and Housing Agency, and stakeholders between July 1, 2019, and July 1, 2020, to identify ways to improve the provision of housing to individuals who receive housing assistance from the agency or department and report to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget by March 1, 2020, as specified.
(15) Existing law establishes the Self-Help Housing Fund and continuously appropriates moneys for specified purposes related to the California Self-Help Housing Program. Existing law also establishes CalHFA within HCD with the primary purpose of meeting the housing needs of persons and families of low or moderate income. Existing law authorizes CalHFA to make, or undertake commitments to make, loans to finance the acquisition, construction, rehabilitation, refinancing, or development of housing intended to benefit, among others, persons identified as having special needs relating to intellectual and developmental disabilities.
This bill would continuously appropriate, without regard to fiscal years, the sum of $500,000,000 to HCD and require that these moneys be deposited in the Self-Help Housing Fund based on a specified schedule.
Notwithstanding specified law, the bill would require HCD to transfer these moneys to CalHFA to be used to finance low and moderate income housing, as provided.
(16) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(17) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
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The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares the following:
(a) The gap between available and needed housing is increasing the cost of living in our state and negatively impacting middle class Californians. (b) Addressing the housing cost crisis will require action by the state, local governments, and the private sector to increase housing production and preserve available affordable housing.
(c) The 2019–20 Budget Act provides approximately $8 billion in funding to address California’s housing and homelessness crisis. (d) A key element of increasing housing production is to ensure that local governments are implementing state law, particularly their planning and zoning obligations. To that end, this act establishes incentives, due process requirements, and penalties. Specifically, this act expands judicial remedies that may be imposed by the court when a city, county, or a city and county is found to be out of substantial compliance with housing element law, is provided by the act more than one year to come into substantial compliance, and continues not following the law.
(e) The additional judicial remedies in this act are intended to be used only as a last resort where a jurisdiction has continued to not fulfill its responsibilities under housing element law and disregards the direction of the court.
SEC. 2. Section 30035.7 of the Government Code is amended to read:
30035.7. (a) Of the amount appropriated in the annual Budget Act or other measure for the program, the department’s Office of State Audits and Evaluations may use up to five hundred thousand dollars ($500,000) to conduct an audit of the program to determine its effectiveness in providing services to ex-offenders.
(b) The department’s Office of State Audits and Evaluations shall conduct an audit of the program. The department shall provide a copy of the audit to the Joint Legislative Budget Committee no later than May 1, 2020. The copy of the audit shall be submitted in compliance with Section 9795. (c) Cities, counties, cities and counties, and facility operators that receive program funds shall agree, as a condition of receiving program funds, to cooperate fully with the audit conducted pursuant to this section by the department’s Office of State Audits and Evaluations.
SEC. 3. Section 65400 of the Government Code is amended to read:
65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. 95 — 11 — Ch. 159
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(2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A) The status of the plan and progress in its implementation. (B) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.
That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C) The number of housing development applications received in the prior year.
(D) The number of units included in all development applications in the prior year.
(E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09.
The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number 95 Ch. 159 — 12 —
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of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier that must include the assessor’s parcel number, but may include street address, or other identifiers.
(I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K) The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its internet website within a reasonable time of receiving the report.
(b) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 4. Section 65585 of the Government Code is amended to read:
65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of its housing element, or at least 60 days prior to the adoption of an amendment to this element, the planning agency shall submit a draft element or draft amendment to the department.
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(2) The planning agency staff shall collect and compile the public comments regarding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3) The department shall review the draft and report its written findings to the planning agency within 90 days of its receipt of the draft in the case of an adoption or within 60 days of its receipt in the case of a draft amendment.
(c) In the preparation of its findings, the department may consult with any public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d) In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e) Prior to the adoption of its draft element or draft amendment, the legislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
(f) If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1) Change the draft element or draft amendment to substantially comply with this article.
(2) Adopt the draft element or draft amendment without changes. The legislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g) Promptly following the adoption of its element or amendment, the planning agency shall submit a copy to the department.
(h) The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agency. (i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department 95 Ch. 159 — 14 —
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may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j) The department shall notify the city, county, or city and county and may notify the Office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5 of the Government Code).
(2) Section 65863 of the Government Code.
(3) Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.
(4) Section 65008 of the Government Code.
(k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision shall not apply to any suits brought for a violation or violations of paragraphs (1), (3), and (4) of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to subdivision (j), the Attorney General shall request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out, and once a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article.
(1) If the jurisdiction has not complied with the order or judgment after twelve months, the court shall conduct a status conference. Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, 95 — 15 — Ch. 159
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which shall be deposited into the Building Homes and Jobs Trust Fund.
Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the State Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the State Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A) If the court finds that the fees imposed pursuant to paragraph (1) and paragraph (2) are insufficient to bring the jurisdiction into compliance with the order or judgement, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the State Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may be appointed with all the powers necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. 95 Ch. 159 — 16 —
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(4) This subdivision shall not limit a court’s discretion to apply any and all remedies in an action or special proceeding filed by a party other than the state for a violation of any law identified in subdivision (j). (m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n) The Office of the Attorney General may seek all remedies available under law including those set forth in this section.
SEC. 5. Section 65589.9 is added to the Government Code, to read:
65589.9. (a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing local policies. It is the intent of the Legislature that these incentives be in the form of additional points or other preference in the scoring of competitive housing and infrastructure programs. It is the intent of the Legislature that, in adopting regulations related to prohousing local policy criteria, the department shall create criteria that consider the needs of rural, suburban, and urban jurisdictions and how those criteria may differ in those areas.
(b) For award cycles commenced after July 1, 2021, jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585, and that have been designated prohousing pursuant to subdivision (c) based upon their adoption of prohousing local policies, shall be awarded additional points or preference in the scoring of program applications for the following programs:
(1) The Affordable Housing and Sustainable Communities Program established by Part 1 (commencing with Section 75200) of Division 44 of the Public Resources Code.
(2) The Transformative Climate Communities Program established by Part 4 (commencing with Section 75240) of Division 44 of the Public Resources Code.
(3) The Infill Incentive Grant Program of 2007 established by Section 53545.13 of the Health and Safety Code.
(4) Additional bonus points may be awarded to other state programs when already allowable under state law.
(c) The department shall designate jurisdictions as prohousing pursuant to the emergency regulations adopted pursuant to subdivision (d) and report these designations to the Office of Planning and Research, and any other applicable agency or department, annually and upon request. (d) By July 1, 2021, the department, in collaboration with stakeholders, shall adopt emergency regulations to implement this section. (e) On or before January 1, 2021, and annually thereafter, the Department of Finance shall publish on its internet website the list of programs included under subdivision (b).
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(f) For purposes of this section, the following definitions shall apply:
(1) “Compliant housing element” means an adopted housing element that has been found to be in substantial compliance with the requirements of this article by the department pursuant to Section 65585. (2) “Prohousing local policies” means policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following:
(A) Local financial incentives for housing, including, but not limited to, establishing a local housing trust fund.
(B) Reduced parking requirements for sites that are zoned for residential development.
(C) Adoption of zoning allowing for use by right for residential and mixed-use development.
(D) Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing regional housing need allocation for the current housing element cycle. (E) Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the department.
(F) Reduction of permit processing time.
(G) Creation of objective development standards.
(H) Reduction of development impact fees.
(I) Establishment of a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200.
SEC. 6. Section 65589.11 is added to the Government Code, to read:
65589.11. (a) The department shall post on its internet website each month a list of jurisdictions that have failed to adopt a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585. The department shall, on an annual basis, by July 1, or upon request, provide the most recent version of the list to the Office of Planning and Research and any other applicable agency or department.
(b) If a jurisdiction is included on this list described in subdivision (a), the department shall notify the jurisdiction of its inclusion upon the first occurrence of this inclusion. A copy of all notifications sent to a jurisdiction shall also be submitted to the legislative body of the jurisdiction. (c) If a jurisdiction is included on the list described in subdivision (a), the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the jurisdiction’s failure to adopt a housing element that is found to be in substantial compliance with the requirements of this article pursuant to Section 65585, and shall provide the jurisdiction written findings regarding that failure. Meetings previously offered pursuant to subdivision (k) of Section 65585 shall satisfy the requirements of this subdivision.
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(d) Within 30 days of a jurisdiction both appearing on the list published pursuant to subdivision (a), and also having adopted a housing element pursuant to paragraph (2) of subdivision (f) of Section 65585, a jurisdiction may request, in writing, that the department review de novo the jurisdiction’s last housing element adopted pursuant to paragraph (2) of subdivision (f) of Section 65585. Within 30 days of receipt of the request, the department shall issue written findings as to whether the housing element has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585. If the department’s written findings state that the jurisdiction’s housing element is not in substantial compliance with the requirements of this article pursuant to Section 65585, then the city, county, or city and county may, within 30 days of receiving those written findings, bring an action to superior court pursuant to Section 1094.5 of the Civil Code of Procedure to challenge the department’s determination. Any action pursuant to this subdivision shall not impact the allocation of funds for any programs identified in subdivision (e).
(e) On or before January 1, 2023, and annually thereafter, the Department of Finance shall publish on its internet website a list of programs, if any, where eligibility for funding is contingent upon a jurisdiction having adopted a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585.
The list shall not include any program where eligibility for funding is contingent upon a housing element that has been found by the department to be in substantial compliance with the requirements of this article pursuant to Section 65585 on or before the effective date of this section. (f) Subdivisions (c) and (d) of this section shall become operative upon the inclusion of at least one program on the list published pursuant to subdivision (e).
(g) This section shall not affect any action filed on or before the effective date of this section.
SEC. 7. Article 12 (commencing with Section 65660) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
Article 12. Low Barrier Navigation Centers
65660. For purposes of this article:
(a) “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. (2) Pets.
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(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. (b) “Use by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by this section. 65662. A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the requirements of this article. A local jurisdiction shall permit a Low Barrier Navigation Center development provided that it meets the following requirements:
(a) It offers services to connect people to permanent housing through a services plan that identifies services staffing.
(b) It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. (c) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
(d) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
65664. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Section 65943.
Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local jurisdiction shall act upon its review of the application.
65666. The Legislature finds and declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article shall apply to all cities, including charter cities.
65668. This article shall remain in effect only until January 1, 2027, and as of that date is repealed.
SEC. 8. Section 65913.4 of the Government Code is amended to read:
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65913.4. (a) A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and is not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
(1) The development is a multifamily housing development that contains two or more residential units.
(2) The development is located on a site that satisfies all of the following:
(A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
(C) A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. (3) (A) The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower income for no less than the following periods of time:
(i) Fifty-five years for units that are rented.
(ii) Forty-five years for units that are owned.
(B) The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development.
(4) The development satisfies both of the following:
(A) Is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the department’s determination for the next reporting period.
(B) The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following:
(i) The locality did not submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of above moderate-income housing 95 — 21 — Ch. 159
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issued building permits than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income. If the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that local ordinance applies. (ii) The locality’s latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, and the project seeking approval dedicates 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that local ordinance applies.
(iii) The locality did not submit its latest production report to the department by the time period required by Section 65400, or if the production report reflects that there were fewer units of housing affordable to both income levels described in clauses (i) and (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
(5) The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(A) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
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(B) In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(C) The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(6) The development is not located on a site that is any of the following:
(A) A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(G) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is 95 — 23 — Ch. 159
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able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. (ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section
59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. (H) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter
1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). (K) Lands under conservation easement.
(7) The development is not located on a site where any of the following apply:
(A) The development would require the demolition of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
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(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) Housing that has been occupied by tenants within the past 10 years. (B) The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(C) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (D) The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property. (8) The development proponent has done both of the following, as applicable:
(A) Certified to the locality that either of the following is true, as applicable:
(i) The entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(ii) If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. (II) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (III) Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein.
(IV) Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. 95 — 25 — Ch. 159
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If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(V) Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure.
For purposes of this clause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(VI) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(B) (i) For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved:
(I) On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(II) On and after January 1, 2022, until December 31, 2025, the development consists of 50 or more units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(III) On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(IV) On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(V) On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units with a residential component that is not 100 percent subsidized affordable housing and will be located 95 Ch. 159 — 26 —
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within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(ii) For purposes of this section, “skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(iii) If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply:
(I) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development. (II) Every contractor and subcontractor shall use a skilled and trained workforce to complete the development.
(III) Except as provided in subclause (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement.
Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV) Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(C) Notwithstanding subparagraphs (A) and (B), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
(i) The project includes 10 or fewer units.
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(ii) The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (9) The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land, unless the development is consistent with all objective subdivision standards in the local subdivision ordinance, and either of the following apply:
(A) The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (8).
(B) The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (8).
(10) The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b) (1) If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A) Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a). (c) (1) Any design review or public oversight of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction 95 Ch. 159 — 28 —
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before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2) If the development is consistent with the requirements of subparagraph (A) or (B) of paragraph (9) of subdivision (a) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1). (d) (1) Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A) The development is located within one-half mile of public transit. (B) The development is located within an architecturally and historically significant historic district.
(C) When on-street parking permits are required but not offered to the occupants of the development.
(D) When there is a car share vehicle located within one block of the development.
(2) If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(e) (1) If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making below 80 percent of the area median income.
(2) If a local government approves a development pursuant to this section and the project does not include 50 percent of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward 95 — 29 — Ch. 159
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getting the development construction ready, such as filing a building permit application.
(3) If a local government approves a development pursuant to this section, that approval shall remain valid for three years from the date of the final action establishing that approval and shall remain valid thereafter for a project so long as vertical construction of the development has begun and is in progress. Additionally, the development proponent may request, and the local government shall have discretion to grant, an additional one-year extension to the original three-year period. The local government’s action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and process set forth in this section. (f) A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section. (g) This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (i) of Section 65583.2. (h) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency or local government to lease, convey, or encumber land owned by the local government or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(i) For purposes of this section, the following terms have the following meanings:
(1) “Affordable housing cost” has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
(2) “Affordable rent” has the same meaning as set forth in Section 50053 of the Health and Safety Code.
(3) “Department” means the Department of Housing and Community Development.
(4) “Development proponent” means the developer who submits an application for streamlined approval pursuant to this section. (5) “Completed entitlements” means a housing development which has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6) “Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(7) “Production report” means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400. 95 Ch. 159 — 30 —
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(8) “State agency” includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(9) “Subsidized” means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
(10) “Reporting period” means either of the following:
(A) The first half of the regional housing needs assessment cycle. (B) The last half of the regional housing needs assessment cycle. (11) “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(j) The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(k) The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (b) is not a “project” as defined in Section 21065 of the Public Resources Code.
(l) It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply. (m) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 9. Section 50199.8 of the Health and Safety Code is amended to read:
50199.8. The committee is composed of the Governor, or in the Governor’s absence, the Director of Finance, the Controller, the Treasurer, the Director of Housing and Community Development, and the Executive Director of the California Housing Finance Agency. Two representatives of local government, one representative of the counties appointed by the Senate Rules Committee, and one representative of the cities appointed by the Speaker of the Assembly shall serve as ex officio, nonvoting members.
The Treasurer shall be the chairperson of the committee. The members of the committee shall serve without compensation. A majority of voting members shall be empowered to act for the committee. The committee may employ an executive director to carry out its duties under this chapter. The committee may, by resolution, delegate to one or more of its members, its executive director, or any other official or employee of the committee any powers and duties that it may deem proper, including, but not limited to, the power to enter into contracts on behalf of the committee.
SEC. 10. Chapter 6 (commencing with Section 50216) is added to Part 1 of Division 31 of the Health and Safety Code, to read:
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Chapter 6. Homeless Housing, Assistance, and Prevention Program
50216. For purposes of this chapter:
(a) “Agency” means the Business, Consumer Services, and Housing Agency.
(b) “Applicant” means a continuum of care, city, or county. (c) “City” means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters.
(d) “Continuum of care” means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) “Coordinated Entry System” means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. (f) “Council” means the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. (g) “Emergency shelter” has the same meaning as defined in subdivision (e) of Section 50801.
(h) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
(i) “Homeless Management Information System” means the information system designated by a continuum of care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term “Homeless Management Information System” also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. (j) “Homeless point-in-time count” means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point-in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point-in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with HUD representatives. A jurisdiction shall submit documentation of this to the agency by the date by which HUD’s certification of the 2019 homeless point-in-time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a jurisdiction’s application for homeless funding. 95 Ch. 159 — 32 —
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(k) “Homeless youth” means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting.
(l) “Housing First” has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein.
(m) “Jurisdiction” means a city, city that is also a county, county, or continuum of care, as defined in this section.
(n) “Navigation center” means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. (o) “Program” means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter.
(p) “Program allocation” means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges, in the amount of six hundred fifty million dollars ($650,000,000). (q) “Recipient” means a jurisdiction that receives funds from the agency for the purposes of the program.
50217. (a) The Homeless Housing, Assistance, and Prevention program is hereby established for the purpose of providing jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. (b) Upon appropriation by the Legislature, the agency shall distribute six hundred fifty million dollars ($650,000,000) in accordance with this chapter.
(c) The agency shall administer the program. The program shall provide grant funds to cities, counties, and continuums of care. No more than 5 percent of the funds available pursuant to this chapter shall be expended on state operations.
(d) The agency’s decision to approve or deny an application and the determination of the amount of funding to be provided shall be final. (e) The agency shall maintain and make available to the public on its internet website records of the following:
(1) The number of applications for program funding received by the agency.
(2) The number of applications for program funding denied by the agency. (3) The name of each recipient of program funds.
(4) Each applicant receiving funds pursuant to this chapter shall provide a list of all awards to subrecipients.
(5) Annual reports filed by recipients pursuant to Section 50221. 95 — 33 — Ch. 159
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(f) In administering this chapter, the agency shall not be subject to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
50218. (a) Upon appropriation by the Legislature, six hundred fifty million dollars ($650,000,000) of the funds administered pursuant to this chapter shall be available for implementing the program, as follows:
(1) One hundred ninety million dollars ($190,000,000) of the funding available pursuant to this section shall be available for continuums of care.
The agency shall calculate these allocations to a continuum of care based on each continuum of care’s proportionate share of the state’s total homeless population, based on the homeless point-in-time count. The agency shall award no more than 40 percent of the allocation made pursuant to this section and no less than five hundred thousand ($500,000) to an applicant that is a continuum of care.
(2) Two hundred seventy-five million dollars ($275,000,000) of the funding available pursuant to this section shall be available to each city, or city that is also a county, that has a population of 300,000 or more, as of January 1, 2019, according to data published on the Department of Finance’s internet website. The agency shall calculate the allocation to a city based on the city’s proportionate share of the total homeless population of the region served by the continuum of care within which the city is located, based on the homeless point-in-time count. The agency shall not award more than 45 percent of the program allocation to a city. If more than one recipient within the continuum of care meets the requirements of this paragraph, the proportionate share of funds shall be equally allocated to those jurisdictions.
(3) One hundred seventy-five million dollars ($175,000,000) of the funding available pursuant to this section shall be available to each county.
The agency shall calculate the allocation to county based on the county’s proportionate share of the total homeless population of region served by the continuum of care within which the county is located, based on the homeless point-in-time count. The agency shall not award more than 40 percent of the allocation made pursuant to this section to a county. (4) Once the 2019 point-in-time count numbers have been finalized and posted by the United States Department of Housing and Urban Development, and any determinations described in subdivision (j) of Section 50216 have been announced, the agency shall calculate each jurisdiction’s final program allocation award amount and submit that information to the council. The council shall post this information to its internet website. (5) A program recipient shall not use funding from the program to supplant existing local funds for homeless housing, assistance, or prevention. (b) A program recipient shall use at least 8 percent, of the funds for services for homeless youth populations.
50219. (a) In order to apply for a program allocation, an applicant shall submit an application pursuant to the timeline specified in Section 50220 and provide the following, in the form and manner prescribed by the agency:
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(1) A demonstration of how the jurisdiction has coordinated with other jurisdictions to identify their share of the regional need to address homelessness, and how the requested funds will help meet the jurisdiction’s share of that need.
(2) Identification of all funds currently being used by the applicant to provide housing and homeless services for the homeless populations in the jurisdiction, including all federal, state, and local funds, and information on programs supported by the identified funds.
(3) An assessment of existing programs to address homelessness and an identification of gaps in housing and homeless services for the homeless populations in the jurisdiction, as identified by the continuum of care pursuant to paragraph (7), including those provided by entities other than the applicant.
(4) Identification of how funds requested in the application will complement the funds described in paragraph (2), close the gaps identified pursuant to paragraph (3), and serve the homeless populations identified pursuant to paragraph (7).
(5) An outline of proposed uses of funds and explanation of how proposed use of funds meets each of the requirements described in paragraph (4). (6) A list of measurable goals including but not limited to the number of individuals served and percentage of individuals successfully placed in permanent housing.
(7) If an applicant is a continuum of care, data on the demographics and characteristics of the homeless populations in the jurisdiction and on current programs providing housing and homeless services in the jurisdiction, as reported to the federal government through Homeless Management Information Systems and point-in-time counts.
(8) For a city applying for funds available pursuant to paragraph (2) of subdivision (a) of Section 50218 or a county applying for funds available pursuant to paragraph (3) of subdivision (a) of Section 50218, a plan demonstrating how these funds will complement the regional needs described in the continuum of care’s plan for a coordinated housing and service system that meets the needs of individuals, unaccompanied youth, and families experiencing homelessness, as defined in Section 578.7(c) of Title 24 of the Code of Federal Regulations.
(9) Evidence of connection with the continuum of care’s coordinated entry system.
(10) An agreement to participate in a statewide Homeless Management Information System, when available.
(b) The agency may request additional documentation and information from the applicant consistent with the requirements of subdivision (a). (c) Except as provided in subdivisions (d) and (e) a recipient shall expend funds on evidence-based solutions that address and prevent homelessness among eligible populations including any of the following:
(1) Rental assistance and rapid rehousing.
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(2) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
(3) Incentives to landlords, including, but not limited to, security deposits and holding fees.
(4) Outreach and coordination, which may include access to job programs, to assist vulnerable populations in accessing permanent housing and to promote housing stability in supportive housing.
(5) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. (6) Delivery of permanent housing and innovative housing solutions such as hotel and motel conversions.
(7) Prevention and shelter diversion to permanent housing. (8) New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following:
(i) The number of available shelter beds in the city, county, or region served by a continuum of care.
(ii) Shelter vacancy rate in the summer and winter months. (iii) Percentage of exits from emergency shelters to permanent housing solutions.
(iv) A plan to connect residents to permanent housing. (d) Up to 5 percent of an applicant’s program allocation may be expended for the following uses that are intended to meet federal requirements for housing funding:
(1) Strategic homelessness plan, as defined in section 578.7(c) of Title 24 of the Code of Federal Regulations.
(2) Infrastructure development to support coordinated entry systems and Homeless Management Information Systems.
(e) The applicant shall not use more than 7 percent of a program allocation for administrative costs incurred by the city, county, or continuum of care to administer its program allocation. For purposes of this subdivision, “administrative costs” does not include staff or other costs directly related to implementing activities funded by the program allocation. (f) Pursuant to existing law, a recipient shall comply with Section 8255 of the Welfare and Institutions Code.
(g) Notwithstanding Section 27011 of the Government Code, or any other statute governing the deposit of funds in the county treasury, a county may accept or deposit into the county treasury, funds from any source for the purpose of administering a project, proposal, or program under this chapter.
(h) For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body 95 Ch. 159 — 36 —
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on the basis of the receipt of compensation for holding public office or public employment as a representative of the county.
(i) The council shall post submitted final applications to its internet website.
50220. (a) (1) No later than February 15, 2020, each applicant shall submit to the agency its program allocation application. (2) No later than April 1, 2020, the agency shall make award determinations for the program allocations based on the point-in-time count numbers.
(3) If, after the first round of awards pursuant to this section, not all funds have been awarded by the agency, the agency shall set aside any remaining funds for a second round of awards.
(4) (A) (i) On or before May 31, 2023, a recipient shall contractually obligate not less than 50 percent of program allocations. (ii) Recipients that are counties shall contractually obligate the full allocation awarded to them by the agency at this time. Any funds that are not contractually obligated by this date shall be reverted to the continuum of care that serves the county.
(B) If less than 50 percent is obligated after May 31, 2023, recipients that are continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have been obligated pursuant to subparagraph (A) unless and until both of the following occur:
(i) On or before June 30, 2023, the recipient submits an alternative disbursement plan that includes an explanation for the delay. (ii) The agency approves the alternative disbursement plan. (C) On or before December 31, 2023, recipients that are continuums of care and cities shall return to the agency any funds that have not been expended pursuant to an alternative disbursement plan approved pursuant to subparagraph (B) for a subsequent round of awards by the agency. (b) The agency may request additional information, as needed, to meet other applicable reporting or audit requirements.
(c) In addition to requirements in Section 50221, the agency may monitor the expenditures and activities of an applicant, as the agency deems necessary, to ensure compliance with program requirements. (d) The agency may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with program requirements. (e) Any remaining amounts of program allocation funds not expended by June 30, 2025, shall revert to, and be paid and deposited in, the General Fund.
50221. (a) After receiving program funds, a recipient, by January 1 of the year following receipt of the funds and annually on that date thereafter until all funds have been expended, shall submit a report to the agency on a form and method provided by the agency, that includes all of the following, as well as any additional information the agency deems appropriate or necessary:
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(1) An ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds.
(2) The number of homeless individuals served by the program funds in that year, and a total number served in all years of the program, as well the homeless population served.
(3) The types of housing assistance provided, broken out by the number of individuals.
(4) Outcome data for an individual served through program funds, including the type of housing that an individual exited to, the percent of successful housing exits, and exit types for unsuccessful housing exits. (b) No later than January 1, 2026, each applicant that receives a program allocation shall submit to the agency a final report in a format provided by the agency, as well as detailed uses of all program funds. (c) The agency shall post this information to its internet website within 30 days of receipt and provide notice to the Senate Housing Committee, Assembly Housing and Community Development Committee, and the appropriate Fiscal Committees.
SEC. 11. Chapter 3.1 (commencing with Section 50515) is added to Part 2 of Division 31 of the Health and Safety Code, to read:
Chapter 3.1. Local Government Planning Support Grants
Program
50515. For purposes of this chapter:
(a) “Annual progress report” means the annual report required to be submitted to the department pursuant to paragraph (2) of subdivision (a) of Section 65400 of the Government Code.
(b) “Completed entitlement” means a housing development project that has received all the required land use approvals or entitlements necessary for the issuance of a building permit and for which no additional action, including environmental review or appeals, is required to be eligible to apply for and obtain a building permit.
(c) “Council of governments” means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code that is responsible for allocating regional housing need pursuant to Sections 65584, 65584.04, and 65584.05 of the Government Code.
(d) “Housing element” or “element” means the housing element of a community’s general plan, as required pursuant to subdivision (c) of Section 65302 of the Government Code and prepared in accordance with Article
10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(e) “Jurisdiction” means a city, county, or city and county. (f) “Program” means the Local Government Planning Support Grants Program established pursuant to this chapter.
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(g) “Regional housing need assessment” means the existing and projected need for housing for each region, as determined by the department pursuant to Section 65584.01 of the Government Code.
50515.01. (a) (1) The Local Government Planning Support Grants Program is hereby established for the purpose of providing regions and jurisdictions with one-time funding, including grants for planning activities to enable jurisdictions to meet the sixth cycle of the regional housing need assessment.
(2) Upon appropriation by the Legislature, two hundred fifty million dollars ($250,000,000) shall be distributed under the program in accordance with this chapter, as provided in Sections 50515.02 and 50515.03. (b) The department shall administer the program and, consistent with the requirements of this chapter, provide grants to regions and jurisdictions for technical assistance, preparation and adoption of planning documents, and process improvements to accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment.
(c) Of the total amount of any moneys appropriated for purposes of this chapter, the department shall set aside up to 5 percent for program administration, including state operations expenditures and technical assistance, as well as expenditures by recipients of funding pursuant to Sections 50515.02 and 50515.03.
50515.02. Of the amount described in paragraph (2) of subdivision (a) of Section 50515.01, one hundred twenty-five million dollars ($125,000,000) shall be available to councils of governments and other regional entities, as follows:
(a) The moneys allocated pursuant to this subdivision shall be available to the following entities:
(1) The Association of Bay Area Governments, representing the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(2) The Sacramento Area Council of Governments, representing the Counties of El Dorado, Placer, Sacramento, Sutter, Yolo, and Yuba. (3) The San Diego Association of Governments, representing the County of San Diego.
(4) The Southern California Association of Governments, representing the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura.
(5) A central coast multiagency working group, formed in accordance with subdivision (c), consisting of the Association of Monterey Bay Area Governments, the San Luis Obispo Council of Governments, and the Santa Barbara County Association of Governments, representing the Counties of Monterey, San Benito, San Luis Obispo, Santa Barbara, and Santa Cruz. (6) A San Joaquin Valley multiagency working group, formed in accordance with subdivision (c), consisting of the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Governments, the Madera County Transportation 95 — 39 — Ch. 159
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Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, and the Tulare County Association of Governments, representing the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare.
(7) Councils of governments from the Counties of Butte, Humboldt, Lake, and Mendocino. Notwithstanding any other provision of this chapter, the councils of governments described in this paragraph may apply directly to the department for funds pursuant to the program.
(8) The Counties of Alpine, Amador, Calaveras, Colusa, Del Norte, Glenn, Inyo, Lassen, Mariposa, Modoc, Mono, Nevada, Plumas, Shasta, Sierra, Siskiyou, Tehama, Tuolumne, and Trinity. Notwithstanding any other provision of this chapter, the counties described in this paragraph may apply directly to the department for funds pursuant to the program. The department may approve a fiscal agent to receive funds from the amount identified in this section on behalf of a county or consortium of counties listed in this paragraph.
(b) (1) Except as otherwise provided in paragraphs (7) and (8) of subdivision (a), the department shall make the allocations required by this subdivision to each regional entity on behalf all of the jurisdictions represented by that entity. The department shall calculate the amount of each allocation in accordance with the population estimates consistent with the methodology described in subdivision (a) of Section 50515.03. (2) Each council of governments or other regional entity may, in consultation with the department and consistent with the requirements of this chapter, determine the appropriate use of funds or suballocations within its boundaries to appropriately address its unique housing and planning priorities.
(c) The following shall apply with respect to any allocation made pursuant to this subdivision to a multiagency working group, as described in paragraphs (5) and (6) of subdivision (a):
(1) Before November 30, 2019, the multiagency working groups described in paragraphs (5) and (6) of subdivision (a) shall be formed as follows:
(A) Each working group shall consist of the following members:
(i) One representative from each county described in paragraph (5) or (6), as applicable, of subdivision (a).
(ii) Two city representatives from each county described in paragraph (5) or (6), as applicable, of subdivision (a) appointed by the city selection committee for that county. In appointing city representatives, the city selection committee shall appoint one representative of a larger city within the county and one representative of a smaller city within the county. (iii) Of the three representatives from each county serving on the multiagency working group pursuant to clauses (i) and (ii), at least one of the representatives shall also be a member of the governing body of the applicable council of governments representing the county. (B) The multiagency working group shall select a council of governments to serve as the fiscal agent of the multiagency working group and identify 95 Ch. 159 — 40 —
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staff to assist the work of the group. If the multiagency working group fails to agree to the selection of a council of governments to serve as fiscal agent pursuant to this clause within a reasonable time period, the department shall select a fiscal agent based on factors such as capacity and experience in administering grant programs.
(C) Upon its formation, the multiagency working group shall notify each city and county that is a member of a council of governments described in paragraph (5) or (6), as applicable, of subdivision (a) of its purpose pursuant to this section.
(2) In recognition of the unique challenges in developing a process through a multiagency working group, the department shall allocate eight million dollars ($8,000,000) of the amount available pursuant to this subdivision to the multiagency working groups described in described in paragraphs (5) and (6) of subdivision (a), as follows:
(A) Twenty-five percent of the amount subject to this subparagraph shall be allocated to the central coast multiagency working group described in paragraph (5) of subdivision (a).
(B) Seventy-five percent of the amount subject to this subparagraph shall be allocated to the San Joaquin Valley multiagency working group described in paragraph (6) of subdivision (a).
(d) (1) Until January 31, 2021, a council of governments or other regional entity described in subdivision (a), or a county described in paragraph (8) of subdivision (a), may request an allocation of funds pursuant to this section by submitting an application, in the form and manner prescribed by the department, that includes the following information:
(A) An allocation budget for the funds provided pursuant to this section. (B) The amounts retained by the council of governments, regional entity, or county, and any suballocations to jurisdictions.
(C) An explanation of how proposed uses will increase housing planning and facilitate local housing production.
(D) Identification of current best practices at the regional and statewide level that promote sufficient supply of housing affordable to all income levels, and a strategy for increasing adoption of these practices at the regional level, where viable.
(E) An education and outreach strategy to inform local agencies of the need and benefits of taking early action related to the sixth cycle regional needs allocation.
(2) The department shall review an application submitted pursuant to this subdivision within 30 days. Upon approval of an application for funds pursuant to this subdivision, the department shall award the moneys for which the council of governments, other regional entity, or county, as applicable, qualifies.
(e) A council of governments, other regional entity, or county that receives an allocation of funds pursuant to this section shall establish priorities and use those moneys to increase housing planning and accelerate housing production, as follows:
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(1) Developing an improved methodology for the distribution of the sixth cycle regional housing need assessment to further the objectives described in subdivision (d) of Section 65584 of the Government Code. (2) Suballocating moneys directly and equitably to jurisdictions or other subregional entities in the form of grants, to be used in accordance with subdivision (f), for planning that will accommodate the development of housing and infrastructure that will accelerate housing production in a way that aligns with state planning priorities, housing, transportation, equity, and climate goals.
(3) Providing jurisdictions and other local agencies with technical assistance, planning, temporary staffing or consultant needs associated with updating local planning and zoning documents, expediting application processing, and other actions to accelerate additional housing production. (4) Covering the costs of administering any programs described in this subdivision.
(f) An entity that receives a suballocation of funds pursuant to paragraph (2) of subdivision (e) shall only use that suballocation for housing-related planning activities, including, but not limited to, the following:
(1) Technical assistance in improving housing permitting processes, tracking systems, and planning tools.
(2) Establishing regional or countywide housing trust funds for affordable housing.
(3) Performing infrastructure planning, including for sewers, water systems, transit, roads, or other public facilities necessary to support new housing and new residents.
(4) Performing feasibility studies to determine the most efficient locations to site housing consistent with Sections 65041.1 and 65080 of the Government Code.
(5) Covering the costs of temporary staffing or consultant needs associated with the activities described in paragraphs (1) to (4), inclusive. 50515.03. Of the amount described in paragraph (2) of subdivision (a) of Section 50515.01, one hundred twenty-five million dollars ($125,000,000) shall be available to jurisdictions to assist in planning for other activities related to meeting the sixth cycle regional housing need assessment, as follows:
(a) (1) The maximum amount that a jurisdiction may receive pursuant to this subdivision shall be as follows:
(A) If the jurisdiction has a population of 750,000 or greater, one million five hundred thousand dollars ($1,500,000).
(B) If the jurisdiction has a population of 300,000 or greater, but equal to or less than 749,999, seven hundred fifty thousand dollars ($750,000). (C) If the jurisdiction has a population of 100,000 or greater, but equal to or less than 299,999, five hundred thousand dollars ($500,000). (D) If the jurisdiction has a population of 60,000 or greater, but equal to or less than 99,999, three hundred thousand dollars ($300,000). (E) If the jurisdiction has a population of 20,000 or greater, but equal to or less than 59,999, one hundred fifty thousand dollars ($150,000). 95 Ch. 159 — 42 —
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(F) If the jurisdiction has a population equal to or less than 19,999, sixty-five thousand dollars ($65,000).
(2) For purposes of this subdivision, the population of a jurisdiction shall be based on the population estimates posted on the Department of Finance’s internet website as of January 1, 2019.
(b) (1) Until July 1, 2020, a jurisdiction may request an allocation of funds pursuant to this section by submitting an application to the department, in the form and manner prescribed by the department, that contains the following information:
(A) An allocation budget for the funds provided pursuant to this section. (B) An explanation of how proposed uses will increase housing planning and facilitate local housing production.
(2) The department shall review an application submitted pursuant to this subdivision within 30 days. Upon approval of an application for funds pursuant to this subdivision, the department shall award the moneys for which the jurisdiction qualifies.
(c) A jurisdiction that receives an allocation pursuant to this section shall only use that allocation for housing-related planning activities, including, but not limited to, the following:
(1) Rezoning and encouraging development by updating planning documents and zoning ordinances, such as general plans, community plans, specific plans, sustainable communities’ strategies, and local coastal programs.
(2) Completing environmental clearance to eliminate the need for project-specific review.
(3) Establishing a workforce housing opportunity zone pursuant to Article
10.10 (commencing with Section 65620) of Chapter 3 of Division 1 of Title 7 of the Government Code or a housing sustainability district pursuant to Chapter 11 (commencing with Section 66200) of Division 1 of Title 7 of the Government Code.
(4) Performing infrastructure planning, including for sewers, water systems, transit, roads, or other public facilities necessary to support new housing and new residents.
(5) Partnering with other local entities to identify and prepare excess property for residential development.
(6) Revamping local planning processes to speed up housing production. (7) Developing or improving an accessory dwelling unit ordinance in compliance with Section 65852.2 of the Government Code. (8) Covering the costs of temporary staffing or consultant needs associated with the activities described in paragraphs (1) to (7), inclusive. 50515.04. (a) (1) Subject to paragraph (2), a council of governments, other regional entity, or jurisdiction, as applicable, that receives an allocation of program funds pursuant to Section 50515.02 or 50515.03 shall submit a report, in the form and manner prescribed by the department, to be made publicly available on its internet website, by April 1 of the year following the receipt of those funds, and annually thereafter until those funds are expended, that contains the following information:
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(A) The status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
(B) A summary of building permits, certificates of occupancy, or other completed entitlements issued by entities within the region or by the jurisdiction, as applicable.
(2) A city or county that receives program funds shall, in lieu of providing a separate annual report pursuant to this subdivision, provide the information required by paragraph (1) as part of its annual progress report. (b) (1) The department shall maintain records of the following and provide that information publicly on its internet website:
(A) The name of each applicant for program funds and the status of that entity’s application.
(B) The number of applications for program funding received by the department.
(C) The information described in subdivision (a) for each recipient of program funds.
(2) The department may request additional information, as needed, to meet other applicable reporting or audit requirements.
(c) (1) Each recipient of funds under the program shall expend those funds no later than December 31, 2023.
(2) No later than December 31, 2024, each council of governments, other regional entity, or county that receives an allocation of funds pursuant to Section 50515.02 shall submit a final report on the use of those funds to the department. The report required by this paragraph shall include an evaluation of jurisdiction actions taken in support of the entity’s proposed uses of those funds, as specified in the entity’s application, including which actions had greatest impact on housing production.
(d) The department may monitor expenditures and activities of an applicant, as the department deems necessary, to ensure compliance with program requirements.
(e) The department may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with program requirements. (f) The department may implement the program through the issuance of forms, guidelines, and one or more notices of funding availability, as the department deems necessary, to exercise the powers and perform the duties conferred on it by this chapter. Any forms, guidelines, and notices of funding availability adopted pursuant to this section are hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(g) The department’s decision to approve or deny an application or request for funding pursuant to the program, and its determination of the amount of funding to be provided, shall be final.
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50515.05. (a) It is the intent of the Legislature to revamp the existing regional housing need allocation process described in Sections 65584 to 65584.2, inclusive, of the Government Code in order to accomplish the following objectives:
(1) Create a fair, transparent, and objective process for identifying housing needs across the state.
(2) Strategically plan for housing growth according to statewide priorities, consistent with Section 65041.1 of the Government Code, and expected future need for housing at all income levels.
(3) Encourage increased development to address the state’s housing affordability issues.
(4) Improve compliance and outcomes through incentives and enforcement.
(b) (1) By December 31, 2022, the department, in collaboration with the Office of Planning and Research and after engaging in stakeholder participation, shall develop a recommended improved regional housing need allocation process and methodology that promotes and streamlines housing development and substantially addresses California’s housing shortage. (2) In developing the recommendations required by this subdivision, the department may appoint a third-party consultant to facilitate a comprehensive review of the current regional housing need allocation process and methodology.
(c) Upon completion of the process described in subdivision (b), the department shall submit a report of its findings and recommendations to the Legislature. The report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 12. Section 50517.5 of the Health and Safety Code is amended to read:
50517.5. (a) (1) The department shall establish the Joe Serna, Jr.
Farmworker Housing Grant Program under which, subject to the availability of funds therefor, grants or loans, or both, shall be made to local public entities, nonprofit corporations, limited liability companies, and limited partnerships, for the construction or rehabilitation of housing for agricultural employees and their families or for the acquisition of manufactured housing as part of a program to address and remedy the impacts of current and potential displacement of farmworker families from existing labor camps, mobilehome parks, or other housing. Under this program, grants or loans, or both, may also be made for the cost of acquiring the land and any building thereon in connection with housing assisted pursuant to this section and for the construction and rehabilitation of related support facilities necessary to the housing. In its administration of this program, the department shall disburse grants or loans, or both, to the local public entities, nonprofit corporations, limited liability companies, or limited partnerships or may, at the request of the local public entity, nonprofit corporation, limited liability company, or limited partnership that sponsors and supervises the rehabilitation or construction program, disburse grant funds to agricultural 95 — 45 — Ch. 159
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employees who are participants in a rehabilitation or construction program sponsored and supervised by the local public entity, nonprofit corporation, limited liability company, or limited partnership. No part of a grant or loan made pursuant to this section may be used for project organization or planning.
(2) Notwithstanding any other provision of this chapter, upon the request of a grantee the program also may loan funds to a grantee at no more than 3 percent simple interest. Principal and accumulated interest is due and payable upon completion of the term of the loan. For multifamily housing loans made pursuant to this subdivision, the department shall require annual loan payments in the minimum amount necessary to cover the costs of project monitoring. For the first 30 years of the loan term, the amount of the required loan payments shall not exceed 0.42 percent per annum. For any loan made pursuant to this subdivision, the performance requirements of the lien shall remain in effect for a period of no less than the original term of the loan.
(3) The program shall be administered by the Director of Housing and Community Development and officers and employees of the department as they may designate.
(b) (1) The Joe Serna, Jr. Farmworker Housing Grant Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the fund is continuously appropriated to the department for making grants or loans, or both, pursuant to this section and Section 50517.10, for purposes of Chapter 8.5 (commencing with Section 50710), and for costs incurred by the department in administering these programs.
(2) There shall be paid into the fund the following:
(A) Any moneys appropriated and made available by the Legislature for purposes of the fund.
(B) Any moneys that the department receives in repayment or return of grants or loans from the fund, including any interest therefrom. (C) Any other moneys that may be made available to the department for the purposes of this chapter from any other source or sources. (D) All moneys appropriated to the department for the purposes of Chapter 8.5 (commencing with Section 50710) and any moneys received by the department from the occupants of housing or shelter provided pursuant to Chapter 8.5 (commencing with Section 50710). These moneys shall be separately accounted for from the other moneys deposited in the fund. (c) With respect to the supervision of grantees, the department shall do the following:
(1) Establish minimum capital reserves to be maintained by grantees. (2) Fix and alter from time to time a schedule of rents that may be necessary to provide residents of housing assisted pursuant to this section with affordable rents to the extent consistent with the maintenance of the financial integrity of the housing project. No grantee shall increase the rent on any unit constructed or rehabilitated with the assistance of funds provided pursuant to this section without the prior permission of the department, 95 Ch. 159 — 46 —
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which shall be given only if the grantee affirmatively demonstrates that the increase is required to defray necessary operating costs or avoid jeopardizing the fiscal integrity of the housing project.
(3) Determine standards for, and control selection by grantees of, tenants and subsequent purchasers of housing constructed or rehabilitated with the assistance of funds provided pursuant to this section.
(4) (A) Require as a condition precedent to a grant or loan, or both, of funds that the applicant have site control that is satisfactory to the department; that the grantee be record owner in fee of the assisted real property or provide other security including a lien on the manufactured home that is satisfactory to the department to ensure compliance with the construction, financial, and program obligations; and that the grantee shall have entered into a written agreement with the department binding upon the grantee and successors in interest to the grantee. The agreement shall include the conditions under which the funds advanced may be repaid. The agreement shall include provisions for a lien on the assisted real property or manufactured home in favor of the State of California for the purpose of securing performance of the agreement. The agreement shall also provide that the lien shall endure until released by the Director of Housing and Community Development.
(B) If funds granted or loaned pursuant to this section constitute less than 25 percent of the total development cost or value, whichever is applicable, of a project assisted under this section, the department may adopt, by regulation, criteria for determining the number of units in a project to which the restrictions on occupancy contained in the agreement apply. In no event may these regulations provide for the application of the agreement to a percentage of units in a project that is less than the percentage of total development costs that funds granted or loaned pursuant to this section represent.
(C) Contemporaneously with the disbursement of the initial funds to a grantee, the department shall cause to be recorded, in the office of the county recorder of the county in which the assisted real property is located, a notice of lien executed by the Director of Housing and Community Development.
The notice of lien shall refer to the agreement required by this paragraph for which it secures and it shall include a legal description of the assisted real property that is subject to the lien. The notice of lien shall be indexed by the recorder in the Grantor Index to the name of the grantee and in the Grantee Index to the name of the State of California, Department of Housing and Community Development. For manufactured housing, the liens shall be recorded by the department in the same manner as other manufactured housing liens are recorded. The department shall adopt by regulation criteria for the determination of the lien period. This regulation shall take into account whether the property is held by multifamily rental, single-family ownership, or cooperative ownership and whether it is new construction or rehabilitative construction. The lien period for manufactured housing liens for manufactured homes shall not exceed 10 years.
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(D) Pursuant to regulations adopted by the department, the department may execute and cause to be recorded in the office of the recorder of the county in which a notice of lien has been recorded, or the department, as appropriate, a subordination of the lien. The regulations adopted by the department shall provide that any subordination of the lien shall not jeopardize the security interest of the state and shall further the interest of farmworker housing. The recitals contained in the subordination shall be conclusive in favor of any bona fide purchaser or lender relying thereon. (E) Prior to funds granted pursuant to this section being used to finance the acquisition of a manufactured home, the grantee shall ensure that the home either is already installed in a location where it will be occupied by the eligible household or that a location has been leased or otherwise made available for the manufactured home to be occupied by the eligible household.
(5) Regulate the terms of occupancy agreements or resale controls, to be used in housing assisted pursuant to this section.
(6) Provide linguistically appropriate services and publications, or require grantees to do so, as necessary to implement the purposes of this section. (7) The agreement between the department and the grantee shall provide, among other things, that both of the following occur:
(A) Upon the sale or conveyance of the real property, or any part thereof, for use other than for agricultural employee occupancy, the grantee or its successors shall, as a condition for the release of the lien provided pursuant to paragraph (4), repay to the fund the department’s grant and loan funds. (B) Upon the sale or conveyance of the real property or any part thereof for continued agricultural employee occupancy, the transferee shall assume the obligation of the transferor and the real property shall be transferred to the new owner; provided that the transferee agrees to abide by the agreement entered into between the transferor and the department and that the new owner takes the property subject to the lien provided pursuant to paragraph (4), except that this lien shall, at the time of the transfer of the property to the new owner, be extended for an additional lien period determined by the department pursuant to paragraph (4), and the new owner shall not be credited with the lien period that had run from the time the transferor had acquired the property to the time of transfer to the new owner, unless the department determines that it is in the best interest of the state and consistent with the intent of this section to so credit the lien period to the new owner.
However, the lien shall have priority as of the recording date of the lien for the original grantee, pursuant to paragraph (4).
(d) The department may do any of the following with respect to grantees:
(1) Through its agents or employees enter upon and inspect the lands, buildings, and equipment of a grantee, including books and records, at any time before, during, or after construction or rehabilitation of units assisted pursuant to this section. However, there shall be no entry or inspection of any unit that is occupied, whether or not any occupant is actually present, without the consent of the occupant.
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(2) Supervise the operation and maintenance of any housing assisted pursuant to this section and order repairs as may be necessary to protect the public interest or the health, safety, or welfare of occupants of the housing. (e) The department shall include in its annual report required by Section 50408, a current report of the Joe Serna, Jr. Farmworker Housing Grant Program. The report shall include, but need not be limited to, (1) the number of households assisted, (2) the average income of households assisted and the distribution of annual incomes among assisted households, (3) the rents paid by households assisted, (4) the number and amount of grants or loans, or both, made to each grantee in the preceding year, (5) the dollar value of funding derived from sources other than the state for each project receiving a grant or loan, or both, under this section, and an identification of each source, (6) recommendations, as needed, to improve operations of the program and respecting the desirability of extending its application to other groups in rural areas identified by the department as having special need for state housing assistance, and (7) the number of manufactured housing units assisted under this section.
(f) As used in this section:
(1) “Agricultural employee” has the same meaning as specified in subdivision (b) of Section 1140.4 of the Labor Code, but also includes any person who works on or off the farm in the processing of any agricultural commodity until it is shipped for distribution, whether or not this person is encompassed within the definition specified in subdivision (b) of Section 1140.4 of the Labor Code.
(2) “Grantee” means the local public entity, nonprofit corporation, limited liability company, or limited partnership that is awarded the grant or loan, or both, under this section, and, at the request thereof, may include an agricultural employee receiving direct payment of a grant for rehabilitation under this section who occupies the assisted housing both before and after the rehabilitation and may include an agricultural employee receiving direct payment of a grant for construction under this section who will occupy the assisted housing and who is a participant in a rehabilitation or construction program sponsored and supervised by a local public entity, nonprofit corporation, limited liability company, or limited partnership. (3) “Housing” may include, but is not necessarily limited to, conventionally constructed units and manufactured housing installed pursuant to either Section 18551 or 18613.
(4) “Limited liability company” means a limited liability company where all the members are nonprofit public benefit corporations. (5) “Limited partnership” means a limited partnership where all of the general partners are either nonprofit public benefit corporations, limited liability companies, or a combination of nonprofit public benefit corporations and limited liability companies.
(g) The department may provide the assistance offered pursuant to this chapter in any area where there is a substantial unmet need for farmworker housing.
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SEC. 13. Section 50517.6 of the Health and Safety Code is amended to read:
50517.6. (a) The department may set aside the amount of funds authorized by subdivision (d) for the purposes of curing or averting a default on the terms of any loan or other obligation by the recipient of financial assistance, or bidding at any foreclosure sale where the default or foreclosure sale would jeopardize the department’s security in the dwelling unit assisted pursuant to this chapter.
(b) The department may use the set-aside funds made available pursuant to this chapter to repair or maintain any dwelling unit assisted pursuant to this chapter that was acquired to protect the department’s security interest in the dwelling unit.
(c) The payment or advance of funds by the department pursuant to this section shall be exclusively within the department’s discretion, and no person shall be deemed to have any entitlement to the payment or advance of those funds. The amount of any funds expended by the department for the purposes of curing or averting a default shall be added to any grant amount secured by the lien and shall be payable to the department upon demand. (d) On the effective date of the act that adds this section, the department may set aside up to two hundred thousand dollars ($200,000) from the Joe Serna, Jr. Farmworker Housing Grant Fund for the purposes authorized by this section. On July 1 of each subsequent fiscal year, the department may set aside, for the purposes of this section, up to 1.5 percent of the funds available in the Joe Serna, Jr. Farmworker Housing Grant Fund on that date.
SEC. 14. Section 50517.7 of the Health and Safety Code is amended to read:
50517.7. In counties in which a disaster has been declared by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code and for a period of 12 months after the declaration, the department may provide grants from the fund established by subdivision (b) of Section 50517.5, subject to the following terms and conditions, which are applicable only to this section:
(a) Grants may be made to local public entities, nonprofit corporations, and housing owners comprised of either homeowners who are agricultural employees or owners of rental property used primarily by agricultural households.
(b) The department may enter into master agreements with nonprofit corporations or local public entities or it may enter into contracts directly with housing owners to carry out the activities authorized by this section. (c) The department may make grants directly to housing owners or through master agreements for the cost of preparation of applications for funds, and supervision of expenditures from the fund, including, but not limited to estimates, work writeups, bidding supervision, and inspections.
Funds granted pursuant to this subdivision shall not be secured by, and subject to, the liens required by Section 50517.5.
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rehabilitation or acquisition and rehabilitation, and related costs, other than those costs accruing pursuant to subdivision (c). Only those funds from the fund which are actually utilized pursuant to this subdivision shall be secured by, and subject to, the liens required by Section 50517.5.
SEC. 15. Section 50650 of the Health and Safety Code is amended to read:
50650. The Legislature finds and declares as follows:
(a) An adequate supply of safe and affordable housing is the foundation for strong and sustainable communities. Owner occupied housing is a key housing resource, contributing to neighborhood stability as well as economic vitality.
(b) In California, homeownership is beyond the reach of a large segment of the population. There are also many homeowners who lack the resources to make necessary repairs to their homes, or who would welcome the opportunity to share them with suitable tenants.
(c) Reflecting California’s diversity, there is a variety of proven approaches to the promotion of homeownership within the state. The purpose of the CalHome Program established by this chapter is to support existing homeownership programs aimed at lower and very low income households, and in the case of a disaster, as defined in Section 8680.3 of the Government Code, households at or below moderate income, and operated by private nonprofit and local government agencies, and thereby to increase homeownership, encourage neighborhood revitalization and sustainable development, and maximize use of existing homes.
(d) The CalHome Program is intended to take the place of the Senior Citizens’ Shared Housing Program established by Chapter 3.6 (commencing with Section 50533), which is repealed by the act enacting this chapter.
SEC. 16. Section 50650.3 of the Health and Safety Code is amended to read:
50650.3. (a) Funds appropriated for purposes of this chapter shall be used to enable low- and very low income households to become or remain homeowners as provided in paragraphs (1) and (2), and to provide disaster relief assistance to households at or below 120 percent of area median income as provided in paragraph (3). Funds shall be provided by the department to local public agencies or nonprofit corporations as any of the following:
(1) Grants for programs that assist individual households. (2) Loans that assist development projects involving multiple home ownership units, including single-family subdivisions.
(3) Grants for programs that assist individual households as provided in subdivision (g).
(b) (1) Grant funds may be used for first-time homebuyer downpayment assistance, home rehabilitation, including the installation or retrofit of ignition resistant exterior components on existing manufactured homes, mobilehomes, and accessory structures required pursuant to Article 2.3 (commencing with Section 4200) of Subchapter 2 of Chapter 3 of Division 1 of Title 25 of the California Code of Regulations, homebuyer counseling, 95 — 51 — Ch. 159
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home acquisition and rehabilitation, or self-help mortgage assistance programs, or for technical assistance for self-help and shared housing home ownership.
(2) Home rehabilitation funding for the purpose of installing ignition resistant components on manufactured homes, mobilehomes, or accessory structures pursuant to this subdivision shall not be conditioned upon the rehabilitation of additional or unrelated home components unless that rehabilitation is required pursuant to Article 2.3 (commencing with Section 4200) of Subchapter 2 of Chapter 3 of Division 1 of Title 25 of the California Code of Regulations. In administering funding for this purpose, local public agencies and nonprofit corporations may consider the condition and age of the manufactured home or mobilehome, including whether the home was constructed on or after June 15, 1976, in accordance with federal standards and whether the available funds could be more effectively used to replace the manufactured home or mobilehome.
(c) (1) Except as provided in subdivision (e), loan funds may be used for purchase of real property, site development, predevelopment, and construction period expenses incurred on home ownership development projects, and permanent financing for mutual housing or cooperative developments. Upon completion of construction, the department may convert project loans into grants for programs of assistance to individual homeowners. Except as provided in paragraph (2), financial assistance provided to individual households shall be in the form of deferred payment loans, repayable upon sale or transfer of the homes, when they cease to be owner-occupied, or upon the loan maturity date. Financial assistance may be provided in the form of a secured forgivable loan to an individual household to rehabilitate, repair, or replace manufactured housing located in a mobilehome park and not permanently affixed to a foundation. The loan shall be due and payable in 20 years, with 10 percent of the original principal to be forgiven annually for each additional year beyond the 10th year that the home is owned and continuously occupied by the borrower.
Not more than 10 percent of the funds available for the purposes of this chapter in a fiscal year shall be used for financial assistance in the form of secured forgivable loans.
(2) Notwithstanding any other law, the department may, in its discretion, permit the downpayment assistance loan to be subordinated to refinancing if it determines that the borrower has demonstrated hardship, subordination is required to avoid foreclosure, and the new loan meets the department’s underwriting requirements. The department may permit subordination on those terms and conditions as it determines are reasonable, however subordination shall not be permitted if the borrower has sufficient equity to repay the loan.
(d) All loan repayments shall be used for activities allowed under this section, and shall be governed by a reuse plan approved by the department.
Those reuse plans may provide for loan servicing by the grant recipient or a third-party local government agency or nonprofit corporation. 95 Ch. 159 — 52 —
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(e) Notwithstanding subdivision (c), loans provided pursuant to the CalHome Program Disaster Assistance for Imperial County that have been made for the purpose of rehabilitation, reconstruction, or replacement of lower income owner-occupied manufactured homes shall be due and payable in 10 years, with 20 percent of the original principal to be forgiven annually for each additional year beyond the fifth year that the manufactured home is owned and continuously occupied by the borrower.
(f) The department may use funds appropriated pursuant to this chapter to make grants to local agencies or nonprofit corporations to construct accessory dwelling units as defined in Section 65852.2 of the Government Code or junior accessory dwelling units as defined in Section 65852.22 of the Government Code, and to repair, reconstruct, or rehabilitate, in whole or in part, accessory dwelling units and junior accessory dwelling units. (g) Notwithstanding any other provision of this chapter, the department may use funds appropriated pursuant to this chapter to make grants to local agencies or nonprofit corporations to assist households at or below 120 percent of area median income that are victims of a disaster, if one of the following occurs with respect to the county in which the household’s residence is located:
(1) The Governor has proclaimed a state of emergency, pursuant to Section 8625 of the Government Code, resulting from a disaster, as defined in Section 8680.3 of the Government Code.
(2) A special appropriation of federal emergency supplemental assistance or a presidential declaration of disaster has occurred. (h) The department shall review, adopt, amend, and repeal guidelines to implement the making of grants pursuant to subdivisions (f) and (g). Any guidelines adopted to implement subdivisions (f) and (g) shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. In the event of inconsistency regarding the requirements of qualified applicants and eligibility of accessory dwelling units and junior accessory dwelling units, and rents associated with them between those guidelines and any regulations otherwise enacted pursuant to this chapter, those guidelines shall prevail.
SEC. 17. Section 50650.4 of the Health and Safety Code is amended to read:
50650.4. (a) To be eligible to receive a grant or loan, local public agencies or nonprofit corporations shall demonstrate sufficient organizational stability and capacity to carry out the activity for which they are requesting funds, including, where applicable, the capacity to manage a portfolio of individual loans over an extended time period. Capacity may be demonstrated by substantial successful experience performing similar activities, or through other means acceptable to the department. In administering the CalHome program, the department may permit local agencies and nonprofit corporations to apply their own underwriting guidelines when evaluating CalHome rehabilitation loan applications, following prior review and approval of those guidelines by the department. The local agency or nonprofit corporation shall not subsequently alter its underwriting guidelines with 95 — 53 — Ch. 159
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respect to the use of CalHome funds without review and approval by the department, including how the local agencies and nonprofit corporations will ensure participation by low-income households if making loans in response to a disaster as described in paragraph (1) of subdivision (g) of Section 50650.3. In allocating funds, the department shall utilize a competitive application process, using weighted evaluation criteria, including, but not limited to, the extent that the program or project utilizes volunteer or self-help labor, trains youth and young adults in construction skills, creates balanced communities, involves community participation, or whether the program or project contributes toward community revitalization.
To the extent feasible, the application process shall ensure a reasonable geographic distribution of funds.
(b) In administering department funds received pursuant to subdivision (a), local public agencies and nonprofit corporations shall not deny the funding application of, or apply different underwriting guidelines to, a housing program or project solely on the basis of either of the following:
(1) The home is a manufactured home or mobilehome, as defined in Sections 18007 and 18008.
(2) The home is located in a mobilehome park or in a manufactured housing community, as defined in Sections 18210.7 and 18214.
SEC. 18. Section 50843.5 of the Health and Safety Code is amended to read:
50843.5. (a) Subject to the availability of funding, the department shall make matching grants available to cities, counties, cities and counties, tribes, and charitable nonprofit organizations organized under Section 501(c)(3) of the Internal Revenue Code that have created and are operating or will operate housing trust funds. These funds shall be awarded through the issuance of a Notice of Funding Availability (NOFA). The department may adopt guidelines to administer this chapter. Any guidelines employed by the department in implementing this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Notwithstanding anything to the contrary in this chapter, the terms of this section, and the guidelines authorized above, shall control in the event of any other statutory conflict.
(1) Applicants that provide matching funds from a source or sources other than impact fees on residential development shall receive a priority for funding.
(2) The department shall set aside funding for new trusts, as defined by the department in the guidelines adopted pursuant to this section. (b) Housing trusts eligible for funding under this section shall have the following characteristics:
(1) Utilization of a public or joint public and private fund established by legislation, ordinance, resolution, or a public-private partnership to receive specific revenue to address local housing needs.
(2) Receipt of ongoing revenues from dedicated sources of funding such as taxes, fees, loan repayments, or public or private contributions. 95 Ch. 159 — 54 —
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(c) The minimum allocation to an applicant that is a newly established trust shall be five hundred thousand dollars ($500,000), or a higher amount as established by the department. The minimum allocation for all other trusts shall be one million dollars ($1,000,000), or a higher amount as established by the department. All funds provided pursuant to this section shall be matched on a dollar-for-dollar basis with moneys that are not required by any state or federal law to be spent on housing, except as authorized by Chapter 2.5 (commencing with Section 50470), if those funds are used to capitalize a regional housing trust fund. An application for an existing housing trust shall not be considered unless the department has received adequate documentation of the deposit in the local housing trust fund of the local match, or evidence of a legally binding commitment to deposit matching funds, and the identity of the source of matching funds. An application for a new trust shall not be considered unless the department has received adequate documentation, as determined by the department, that an ordinance imposing or dedicating a tax or fee to be deposited into the new trust has been enacted or the applicant has received a legally binding commitment to deposit matching funds into the new trust. Funds shall not be disbursed by the department to any trust until all matching funds are on deposit and then funds may be disbursed only in amounts necessary to fund projects identified to receive a loan from the trust within a reasonable period of time, as determined by the department. Applicants shall be required to continue funding the local housing trust fund from these identified local sources, and continue the trust in operation, for a period of no less than five years from the date of award. If the funding is not continued for a five-year period, then (1) the amount of the department’s grant to the local housing trust fund, to the extent that the trust fund has unencumbered funds available, shall be immediately repaid, and (2) any payments from any projects funded by the local housing trust fund that would have been paid to the local housing trust fund shall be paid instead to the department and used for the program or its successor. The total amount paid to the department pursuant to (1) and (2), combined, shall not exceed the amount of the department’s grant. (d) (1) Funds shall be used for the predevelopment costs, acquisition, construction, or rehabilitation of the following types of housing or projects:
(A) Rental housing projects or units within rental housing projects. The affordability of all assisted units shall be restricted for not less than 55 years. (B) Emergency shelters, transitional housing, and permanent supportive housing, as these terms are defined in the guidelines adopted pursuant to this section.
(C) For-sale housing projects or units within for-sale housing projects. (D) Notwithstanding any other provision of this chapter, the department may use funds appropriated pursuant to this chapter to make grants to trust funds for the construction of accessory dwelling units as defined in Section 65852.2 of the Government Code, or junior accessory dwelling units as defined in Section 65852.22 of the Government Code, and to repair, reconstruct, or rehabilitate, in whole or in part, accessory dwelling units and junior accessory dwelling units.
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(2) At least 30 percent of the total amount of the grant and the match shall be expended on projects, units, or shelters that are affordable to, and restricted for, extremely low income households, as defined in Section 50106. No more than 20 percent of the total amount of the grant and the match shall be expended on projects or units affordable to, and restricted for, moderate-income persons and families whose income does not exceed 120 percent of the area median income. The remaining funds shall be used for projects, units, or shelters that are affordable to, and restricted for, lower income households, as defined in Section 50079.5.
(3) If funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the following requirements upon resale of the for-sale housing units, unless it is in conflict with the requirements of another public funding source or law:
(A) If the property is sold within 30 years from the date that trust funds are used to acquire, construct, or rehabilitate the property, the owner or subsequent owner shall sell the home at an affordable housing cost, as defined in Section 50052.5, to a household that meets the relevant income qualifications.
(B) The owner and grantee shall share the equity in the unit pursuant to an equity-sharing agreement. The grantee shall reuse the proceeds of the equity-sharing agreement consistent with this section. To the extent not in conflict with another public funding source or law, all of the following shall apply to the equity-sharing agreement provided for by the deed restriction:
(i) Upon resale by an owner-occupant of the home, the owner-occupant of the home shall retain the market value of any improvements, the downpayment, and their proportionate share of appreciation. The grantee shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used to make housing available to persons and families of the same income category as the original grant and for any type of housing or shelter specified in paragraph (1).
(ii) For purposes of this subdivision, the initial subsidy shall be equal to the fair market value of the home at the time of initial sale to the owner-occupant minus the initial sale price to the owner-occupant, plus the amount of any downpayment assistance or mortgage assistance. If upon resale by the owner-occupant the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
(iii) For purposes of this subdivision, the grantee’s proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of the initial sale. (4) Notwithstanding subparagraph (A) of paragraph (1) or paragraph (3), a local housing trust fund shall not be required to record a separate deed restriction or equity agreement for any project or home that it finances, if a restriction or agreement that meets the requirements of subparagraph (A) 95 Ch. 159 — 56 —
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of paragraph (1) or paragraph (3), as applicable, has been, or will be, recorded against the property by another public agency. (e) Loan repayments shall accrue to the grantee housing trust for use pursuant to this section. If the trust no longer exists, loan repayments shall accrue to the department for use in the program or its successor. (f) (1) In order for a city, county, or city and county to be eligible for funding, the applicant shall, at the time of application, meet both of the following requirements:
(A) Have an adopted housing element that the department has determined, pursuant to Section 65585 of the Government Code, is in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (B) Have submitted to the department the annual progress report required by Section 65400 of the Government Code within the preceding 12 months, if the department has adopted the forms and definitions pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 65400 of the Government Code.
(2) In order for a nonprofit organization applicant to be eligible for funding, the applicant shall agree to utilize funds provided under this chapter only for projects located in cities, counties, or a city and county that meet both of the following requirements:
(A) Have an adopted housing element that the department has determined, pursuant to Section 65585 of the Government Code, to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. (B) Have submitted to the department the annual progress report required by Section 65400 of the Government Code within the preceding 12 months, if the department has adopted the forms and definitions pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 65400 of the Government Code.
(3) A city, county, or city and county that has received an award pursuant to this section shall not encumber any program funds unless it has an adopted housing element the department has determined, pursuant to Section 65585 of the Government Code, is in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(g) Recipients shall have held, or shall agree to hold, a public hearing or hearings to discuss and describe the project or projects that will be financed with funds provided pursuant to this section. As a condition of receiving a grant pursuant to this section, any nonprofit organization shall agree that it will hold one public meeting a year to discuss the criteria that will be used to select projects to be funded. That meeting shall be open to the public, and public notice of this meeting shall be provided, except to the extent that any similar meeting of a city or county would be permitted to be held in closed session.
(h) No more than 5 percent of the funds appropriated to the department for the purposes of this program shall be used to pay the department’s costs 95 — 57 — Ch. 159
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of administration of this section. Notwithstanding any other law, the department may also allow a grantee to use up to 5 percent of the grant award for administrative costs.
(i) A local housing trust fund shall encumber funds provided pursuant to this section no later than 60 months after receipt. In addition, any award to a local housing trust that was under contract on January 1, 2013, shall be extended by 12 months, subject to progress benchmarks to be established by the department. Any funds not encumbered within that period shall revert to the department for use in the program or its successor. (j) Recipients shall be required to file periodic reports with the department regarding the use of funds provided pursuant to this section. No later than December 31 of each year in which funds are awarded by the program, the department shall provide a report to the Legislature regarding the number of trust funds created, a description of the projects supported, the number of units assisted, and the amount of matching funds received.
SEC. 19. Section 53545.13 of the Health and Safety Code is amended to read:
53545.13. (a) The Infill Incentive Grant Program of 2007 is hereby established to be administered by the department.
(b) Upon appropriation of funds by the Legislature for the purpose of implementing paragraph (1) of subdivision (b) of Section 53545, the department shall establish and administer a competitive grant program to allocate those funds to selected capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project or a qualifying infill area.
(c) A qualifying infill project or qualifying infill area for which a capital improvement project grant may be awarded shall meet all of the following conditions:
(1) Be located in a city, county, or city and county, in which the general plan of the city, county, or city and county, has an adopted housing element that has been found by the department, pursuant to Section 65585 of the Government Code, to be in compliance with the requirements of Article
10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(2) Include not less than 15 percent of affordable units, as follows:
(A) For projects that contain both rental and ownership units, units of either or both product types may be included in the calculation of the affordability criteria.
(B) (i) To the extent included in a project grant application, for the purpose of calculating the percentage of affordable units, the department may consider the entire master development in which the development seeking grant funding is included.
(ii) Where applicable, an applicant may include a replacement housing plan to ensure that dwelling units housing persons and families of low or moderate income are not removed from the low- and moderate-income housing market. Residential units to be replaced may not be counted toward 95 Ch. 159 — 58 —
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meeting the affordability threshold required for eligibility for funding under this section.
(C) For the purposes of this subdivision, “affordable unit” means a unit that is made available at an affordable rent, as defined in Section 50053, to a household earning no more than 60 percent of the area median income or at an affordable housing cost, as defined in Section 50052.5, to a household earning no more than 120 percent of the area median income. Rental units shall be subject to a recorded covenant that ensures affordability for at least 55 years. Ownership units shall initially be sold to and occupied by a qualified household, and subject to a recorded covenant that includes either a resale restriction for at least 30 years or equity sharing upon resale. (D) A qualifying infill project or qualifying infill area for which a disposition and development agreement or other project- or area-specific agreement between the developer and the local agency having jurisdiction over the project has been executed on or before the effective date of the act adding this section, shall be deemed to meet the affordability requirement of this paragraph (2) if the agreement includes affordability covenants that subject the project or area to the production of affordable units for very low, low-, or moderate-income households.
(3) Include average residential densities on the parcels to be developed that are equal to or greater than the densities described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, except that a project located in a rural area as defined in Section 50199.21 shall include average residential densities on the parcels to be developed of at least 10 units per acre.
(4) Be located in an area designated for mixed-use or residential development pursuant to one of the following adopted plans:
(A) A general plan adopted pursuant to Section 65300 of the Government Code.
(B) A project area redevelopment plan approved pursuant to Section 33330.
(C) A regional blueprint plan as defined in the California Regional Blueprint Planning Program administered by the Business, Transportation and Housing Agency, or a regional plan as defined in Section 65060.7 of the Government Code.
(5) For qualifying infill projects or qualifying infill areas located in a redevelopment project area, meet the requirements contained in subdivision (a) of Section 33413.
(d) In its review and ranking of applications for the award of capital improvement project grants, the department shall rank the affected qualifying infill projects and qualifying infill areas based on the following priorities:
(1) Project readiness, which shall include all of the following:
(A) A demonstration that the project or area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submittal of a grant application.
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(B) A demonstration that the eligible applicant can secure sufficient funding commitments derived from sources other than this part for the timely development of a qualifying infill project or development of a qualifying infill area.
(C) A demonstration that the project or area development has sufficient local support to achieve the proposed improvement.
(2) The depth and duration of the affordability of the housing proposed for a qualifying infill project or qualifying infill area. (3) The extent to which the average residential densities on the parcels to be developed exceed the density standards contained in paragraph (3) of subdivision (c).
(4) The qualifying infill project’s or qualifying infill area’s inclusion of, or proximity or accessibility to, a transit station or major transit stop. (5) The proximity of housing to parks, employment or retail centers, schools, or social services.
(6) The qualifying infill project or qualifying infill area location’s consistency with an adopted regional blueprint plan or other adopted regional growth plan intended to foster efficient land use.
(e) In allocating funds pursuant to this section, the department, to the maximum extent feasible, shall ensure a reasonable geographic distribution of funds.
(f) Funds awarded pursuant to this section shall supplement, not supplant, other available funding.
(g) (1) The department shall adopt guidelines for the operation of the grant program, including guidelines to ensure the tax-exempt status of the bonds issued pursuant to this part, and may administer the program under those guidelines.
(2) The guidelines shall include provisions for the reversion of grant awards that are not encumbered within four years of the fiscal year in which an award was made, and for the recapture of grants awarded, but for which development of the related housing units has not progressed in a reasonable period of time from the date of the grant award, as determined by the department.
(3) The guidelines shall not be subject to the requirements of Chapter
3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code.
(h) For each fiscal year within the duration of the grant program, the department shall include within the report to the Legislature, required by Section 50408, information on its activities relating to the grant program.
The report shall include, but is not limited to, the following information:
(1) A summary of the projects that received grants under the program for each fiscal year that grants were awarded.
(2) The description, location, and estimated date of completion for each project that received a grant award under the program.
(3) An update on the status of each project that received a grant award under the program, and the number of housing units created or facilitated by the program.
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(i) Notwithstanding paragraph (3) of subdivision (c), a city of greater than 100,000 in population in a standard metropolitan statistical area of less than 2,000,000 in population may petition the department for, and the department may grant, an exception to the jurisdiction’s classification pursuant to subdivisions (d) to (f), inclusive, of Section 65583.2 of the Government Code, if the city believes it is unable to meet the density requirements specified in paragraph (3) of subdivision (c). The city shall submit the petition with its application and shall include the reasons why the city believes the exception is warranted. The city shall provide information supporting the need for the exception, including, but not limited to, any limitations that the city may encounter in meeting the density requirements specified in paragraph (3) of subdivision (c). Any exception shall be for the purposes of this section only. This subdivision shall become inoperative on January 1, 2015.
(j) For notices of funding availability released after July 1, 2021, in awarding funds under the program, the department shall provide additional points or preference to projects located in jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code pursuant to Section 65585 of the Government Code and that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the department pursuant to subdivision (d) of Section 65589.9 of the Government Code.
SEC. 20. Part 12.5 (commencing with Section 53559) is added to Division 31 of the Health and Safety Code, to read:
PART 12.5. INFILL INFRASTRUCTURE GRANT PROGRAM OF 2019
53559. (a) The Infill Infrastructure Grant Program of 2019 is hereby established to be administered by the department.
(b) Upon appropriation by the Legislature of funds specified in Section 53559.2, the department shall establish and administer a grant program to allocate those funds to capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area, pursuant to the requirements of this section. (c) (1) The department shall administer a competitive application process for grants funded by the allocation specified in paragraph (1) of subdivision (a) of Section 53559.2 for selected capital improvement projects for large jurisdictions pursuant to this subdivision. The department shall release a notice of funding availability no later than November 30, 2019. (2) In its review and ranking of applications for the award of capital improvement project grants, the department shall rank the affected qualifying infill projects and qualifying infill areas based on the following priorities:
(A) Project readiness, which shall include all of the following:
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(i) A demonstration that the project or area development can complete environmental review and secure necessary entitlements from the local jurisdiction within a reasonable period of time following the submission of a grant application.
(ii) A demonstration that the eligible applicant can secure sufficient funding commitments derived from sources other than this part for the timely development of a qualifying infill project or development of a qualifying infill area.
(iii) A demonstration that the project or area development has sufficient local support to achieve the proposed improvement.
(B) The depth and duration of the affordability of the housing proposed for a qualifying infill project or qualifying infill area. (C) The extent to which the average residential densities on the parcels to be developed exceed the density standards contained in paragraph (4) of subdivision (e).
(D) The qualifying infill project’s or qualifying infill area’s inclusion of, or proximity or accessibility to, a transit station or major transit stop. (E) The proximity of housing to parks, employment or retail centers, schools, or social services.
(F) The qualifying infill project or qualifying infill area location’s consistency with an adopted sustainable communities strategy pursuant to Section 65080 of the Government Code, alternative planning strategy pursuant to Section 65450 of the Government Code, or other adopted regional growth plan intended to foster efficient land use. (3) In allocating funds pursuant to this subdivision, the department, to the maximum extent feasible, shall ensure a reasonable geographic distribution of funds.
(4) For purposes of awarding grants pursuant to the competitive application process required by this subdivision:
(A) “Qualifying infill area” means a contiguous area located within an urbanized area (i) that has been previously developed, or where at least 75 percent of the perimeter of the area adjoins parcels that are developed with urban uses, and (ii) in which at least one development application has been approved or is pending approval for a residential or mixed-use residential project that meets the definition and criteria in this section for a qualifying infill project.
(B) (i) “Qualifying infill project” means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. (ii) A property is adjoining the side of a project site if the property is separated from the project site only by an improved public right-of-way. (d) (1) The department shall administer an over-the-counter application process for grants funded by the allocation specified in paragraph (2) of subdivision (a) of Section 53559.2 for capital improvement projects for small jurisdictions, pursuant to this subdivision. A notice of funding availability shall be released no later than November 30, 2019. 95 Ch. 159 — 62 —
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(2) Eligible applicants shall submit the following information in the application request for funding:
(A) A complete description of the qualifying infill project or qualifying infill area and documentation of how the infill project or infill area meets the requirements of this section.
(B) A complete description of the capital improvement project and requested grant funding for the project, how the project is necessary to support the development of housing, and how it meets the criteria of this section.
(C) Documentation that specifies how the application meets all of the requirements of subdivision (e).
(D) (i) Except as provided in clause (ii), a financial document that shows the gap financing needed for the project.
(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow an applicant to meet the requirement described in clause (i) by submitting copies of an application or applications for other sources of state or federal funding for a qualifying infill project. (E) (i) Except as provided by clause (ii), documentation of all necessary entitlement and permits, and a certification from the applicant that the project is shovel-ready.
(ii) For a qualifying infill project located in the unincorporated area of the county, the department shall allow the applicant to meet the requirement described in clause (i) by submitting a letter of intent from a willing affordable housing developer that has previously completed at least one comparable housing project, certifying that the developer is willing to submit an application to the county for approval by the county of a qualifying infill project within the area in the event that the funding requested pursuant to this subdivision is awarded.
(3) The department may establish a per-unit formula to determine the amount of funds awarded pursuant to this subdivision.
(4) For purposes of awarding grants pursuant to the over-the-counter application process required by this subdivision:
(A) “Qualifying infill area” means a contiguous area located within an urbanized area that meets either of the following criteria:
(i) The area contains sites included on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government Code, and at least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses. (ii) The capital improvement project for which funding is requested is necessary, as documented by an environmental review or some other adopted planning document, to make the area suitable and available for residential development, or to allow the area to accommodate housing for additional income levels, and the area otherwise meets the requirements for inclusion on the inventory of land suitable and available for residential development in the housing element of the applicable city or county general plan pursuant to paragraph (3) of subdivision (a) of Section 65583 of the Government 95 — 63 — Ch. 159
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Code. At least 50 percent of the perimeter of the area shall adjoin parcels that are developed with urban uses.
(B) “Qualifying infill project” means a residential or mixed-use residential project located within an urbanized area on a site that has been previously developed, or on a vacant site where at least 50 percent of the perimeter of the site adjoins parcels that are developed with urban uses. (e) A qualifying infill project or qualifying infill area for which a capital improvement project grant may be awarded pursuant to either subdivision (c) or (d) shall meet all of the following conditions:
(1) Be located in a city, county, or city and county in which the general plan of the city, county, or city and county has an adopted housing element that has been found by the department, pursuant to Section 65585 of the Government Code, to be in compliance with the requirements of Article
10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(2) Be located in a city, county, or city and county that, at the time of application, has submitted its annual progress reports for 2017 through the most recently required annual progress reports.
(3) Include not less than 15 percent of affordable units, as follows:
(A) For projects that contain both rental and ownership units, units of either or both product types may be included in the calculation of the affordability criteria.
(B) (i) To the extent included in a project grant application, for the purpose of calculating the percentage of affordable units, the department may consider the entire master development in which the development seeking grant funding is included.
(ii) Where applicable, an applicant may include a replacement housing plan to ensure that dwelling units housing persons and families of low or moderate income are not removed from the low- and moderate-income housing market. Residential units to be replaced shall not be counted toward meeting the affordability threshold required for eligibility for funding under this section.
(C) For the purposes of this subdivision, “affordable unit” means a unit that is made available at an affordable rent, as defined in Section 50053, to a household earning no more than 60 percent of the area median income or at an affordable housing cost, as defined in Section 50052.5, to a household earning no more than 120 percent of the area median income. Rental units shall be subject to a recorded covenant that ensures affordability for at least 55 years. Ownership units shall initially be sold to and occupied by a qualified household, and shall be subject to a recorded covenant that includes either a resale restriction for at least 30 years or equity sharing upon resale. (D) A qualifying infill project or qualifying infill area for which a disposition and development agreement or other project- or area-specific agreement between the developer and the local agency having jurisdiction over the project has been executed on or before the effective date of the act adding this section, shall be deemed to meet the affordability requirements of this paragraph if the agreement includes affordability covenants that 95 Ch. 159 — 64 —
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subject the project or area to the production of affordable units for very low, low-, or moderate-income households.
(4) Include average residential densities on the parcels to be developed that are equal to or greater than the densities described in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, except that a project located in a rural area as defined in Section 50199.21 shall include average residential densities on the parcels to be developed of at least 10 units per acre.
(5) Be located in an area designated for mixed-use or residential development pursuant to one of the following:
(A) A general plan adopted pursuant to Section 65300 of the Government Code.
(B) A sustainable communities strategy adopted pursuant to Section 65080 of the Government Code.
(C) A specific plan adopted pursuant to Section 65450 of the Government Code.
(D) A Workforce Housing Opportunity Zone established pursuant to Section 65620 of the Government Code.
(E) A Housing Sustainability District established pursuant to Section 66201 of the Government Code.
(f) Funds awarded pursuant to this section shall supplement, not supplant, other available funding.
(g) The department shall adopt guidelines for the operation of the grant program. The guidelines shall include provisions for the reversion of grant awards that are not encumbered within two years of the date an award was made, and for the recapture of grants awarded, but for which development of the related housing units has not progressed in a reasonable period of time from the date of the grant award, as determined by the department.
The guidelines shall not be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(h) For each fiscal year within the duration of the grant program, the department shall include within the report to the Governor and the Legislature, required by Section 50408, information on its activities relating to the grant program. The report shall include, but is not limited to, the following information:
(1) A summary of the projects that received grants under the program for each fiscal year that grants were awarded.
(2) The description, location, and estimated date of completion for each project that received a grant award under the program.
(3) An update on the status of each project that received a grant award under the program, and the number of housing units created or facilitated by the program.
(i) Notwithstanding paragraph (4) of subdivision (e), a city with a population greater than 100,000 in a standard metropolitan statistical area or a population of less than 2,000,000 may petition the department for, and the department may grant, an exception to the jurisdiction’s classification 95 — 65 — Ch. 159
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pursuant to subdivisions (d) to (f), inclusive, of Section 65583.2 of the Government Code, if the city believes it is unable to meet the density requirements specified in paragraph (4) of subdivision (e). The city shall submit the petition with its application and shall include the reasons why the city believes the exception is warranted. The city shall provide information supporting the need for the exception, including, but not limited to, any limitations that the city may encounter in meeting the density requirements specified in paragraph (4) of subdivision (e). Any exception shall be for the purposes of this section only. This subdivision shall become inoperative on January 1, 2023.
53559.1. For the purposes of this part, the following definitions apply:
(a) “Capital improvement project” means the construction, rehabilitation, demolition, relocation, preservation, acquisition, or other physical improvement of a capital asset, as defined in subdivision (a) of Section 16727 of the Government Code, that is an integral part of, or necessary to facilitate the development of, a qualifying infill project or qualifying infill area. Capital improvement projects that may be funded under the grant program established by this part include, but are not limited to, those related to the following:
(1) Water, sewer, or other utility service improvements. (2) Streets, roads, or transit linkages or facilities, including, but not limited to, related access plazas or pathways, bus or transit shelters, or facilities that support pedestrian or bicycle transit.
(3) Qualifying infill project or qualifying infill area site preparation or demolition.
(4) Sidewalk or streetscape improvements, including, but not limited, the reconstruction or resurfacing of sidewalks and streets or the installation of lighting, signage, or other related amenities.
(b) “Eligible applicant” means either of the following:
(1) A city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area.
(2) A nonprofit or for-profit developer of a qualifying infill project applying jointly with a city, county, city and county, or public housing authority that has jurisdiction over a qualifying infill area. (c) “Small jurisdiction” means a county with a population of less than 250,000 as of January 1, 2019, or any city within that county. (d) “Large jurisdiction” means a county that is not a small jurisdiction, or any city within that county.
(e) “Urbanized area” means an incorporated city or an urbanized area or urban cluster as defined by the United States Census Bureau. For unincorporated areas outside of an urban area or urban cluster, the area must be within a designated urban service area that is designated in the local general plan for urban development and is served by the public sewer and water.
(f) “Urban uses” means any residential, commercial, industrial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
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53599.2. (a) Upon appropriation by the Legislature, the department may expend the sum of five hundred million dollars ($500,000,000) for the Infill Infrastructure Grant Program of 2019, as follows:
(1) Four hundred ten million dollars ($410,000,000) shall be allocated to fund grants pursuant to subdivision (c) of Section 53599. (2) Ninety million dollars ($90,000,000) shall be allocated to fund grants pursuant subdivision (d) of Section 53599.
(b) Of the amount appropriated in subdivision (a), 5 percent of the funds shall be set aside for program administration, including state operations expenditures and technical assistance.
SEC. 21. Section 75218.1 is added to the Public Resources Code, to read:
75218.1. For notices of funding availability released after July 1, 2021, in awarding funds under the program, the council shall provide additional points or preference to jurisdictions that have adopted a housing element that has been found by the Department of Housing and Community Development to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code pursuant to Section 65585 of the Government Code and that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the Department of Housing and Community Development pursuant to subdivision (d) of Section 65589.9 of the Government Code.
SEC. 22. Section 75244 is added to the Public Resources Code, to read:
75244. For notices of funding availability released after July 1, 2021, in awarding funds under the program, the council shall provide additional points or preference to jurisdictions that have adopted a housing element that has been found by the Department of Housing and Community Development to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code pursuant to Section 65585 of the Government Code and that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the Department of Housing and Community Development pursuant to subdivision (d) of Section 65589.9 of the Government Code.
SEC. 23. Section 12206 of the Revenue and Taxation Code is amended to read:
12206. (a) (1) There shall be allowed as a credit against the “tax,” described by Section 12201, a state low-income housing tax credit in an amount equal to the amount determined in subdivision (c), computed in accordance with Section 42 of the Internal Revenue Code, relating to low-income housing credit, except as otherwise provided in this section. (2) “Taxpayer,” for purposes of this section, means the sole owner in the case of a “C” corporation, the partners in the case of a partnership, and the shareholders in the case of an “S” corporation.
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(3) “Housing sponsor,” for purposes of this section, means the sole owner in the case of a “C” corporation, the partnership in the case of a partnership, and the “S” corporation in the case of an “S” corporation. (b) (1) The amount of the credit allocated to any housing sponsor shall be authorized by the California Tax Credit Allocation Committee, or any successor thereof, based on a project’s need for the credit for economic feasibility in accordance with the requirements of this section. (A) Except for projects to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, that are allocated credits solely under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code, the low-income housing project shall be located in California and shall meet either of the following requirements:
(i) The project’s housing sponsor has been allocated by the California Tax Credit Allocation Committee a credit for federal income tax purposes under Section 42 of the Internal Revenue Code, relating to low-income housing credit.
(ii) It qualifies for a credit under Section 42(h)(4)(B) of the Internal Revenue Code, relating to special rule where 50 percent or more of building is financed with tax-exempt bonds subject to volume cap. (B) The California Tax Credit Allocation Committee shall not require fees for the credit under this section in addition to those fees required for applications for the tax credit pursuant to Section 42 of the Internal Revenue Code, relating to low-income housing credit. The committee may require a fee if the application for the credit under this section is submitted in a calendar year after the year the application is submitted for the federal tax credit.
(C) (i) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a), on or after January 1, 2009, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share.
(ii) This subparagraph shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits.
(2) (A) The California Tax Credit Allocation Committee shall certify to the housing sponsor the amount of tax credit under this section allocated to the housing sponsor for each credit period.
(B) In the case of a partnership or an “S” corporation, the housing sponsor shall provide a copy of the California Tax Credit Allocation Committee certification to the taxpayer.
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(C) (i) The taxpayer shall attach a copy of the certification to any return upon which a tax credit is claimed under this section.
(ii) In the case of a failure to attach a copy of the certification for the year to the return in which a tax credit is claimed under this section, no credit under this section shall be allowed for that year until a copy of that certification is provided.
(D) All elections made by the taxpayer pursuant to Section 42 of the Internal Revenue Code, relating to low-income housing credit, shall apply to this section.
(E) (i) Except as described in clause (ii) or (iii), for buildings located in designated difficult development areas (DDAs) or qualified census tracts (QCTs), as defined in Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas, credits may be allocated under this section in the amounts prescribed in subdivision (c), provided that the amount of credit allocated under Section 42 of the Internal Revenue Code, relating to low-income housing credit, is computed on 100 percent of the qualified basis of the building.
(ii) Notwithstanding clause (i), the California Tax Credit Allocation Committee may allocate the credit for buildings located in DDAs or QCTs that are restricted to having 50 percent of the building’s occupants be special needs households, as defined in the California Code of Regulations by the California Tax Credit Allocation Committee, or receiving an allocation pursuant to subparagraph (B) of paragraph (1) of subdivision (g), even if the taxpayer receives federal credits pursuant to Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas, provided that the credit allowed under this section shall not exceed 30 percent of the eligible basis of the building. (iii) On and after January 1, 2018, notwithstanding clause (i), the California Tax Credit Allocation Committee may allocate the credit pursuant to paragraph (6) of subdivision (c) even if the taxpayer receives federal credits, pursuant to Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas. (F) (i) The California Tax Credit Allocation Committee may allocate a credit under this section in exchange for a credit allocated pursuant to Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas, in amounts up to 30 percent of the eligible basis of a building if the credits allowed under Section 42 of the Internal Revenue Code, relating to low-income housing credit, are reduced by an equivalent amount.
(ii) An equivalent amount shall be determined by the California Tax Credit Allocation Committee based upon the relative amount required to produce an equivalent state tax credit to the taxpayer. (c) Section 42(b) of the Internal Revenue Code, relating to applicable percentage: 70 percent present value credit for certain new buildings; 30 percent present value credit for certain other buildings, shall be modified as follows:
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(1) In the case of any qualified low-income building that receives an allocation after 1989 and is a new building not federally subsidized, the term “applicable percentage” means the following:
(A) For each of the first three years, the percentage prescribed by the Secretary of the Treasury for new buildings that are not federally subsidized for the taxable year, determined in accordance with the requirements of Section 42(b)(2) of the Internal Revenue Code, relating to temporary minimum credit rate for nonfederally subsidized new buildings, in lieu of the percentage prescribed in Section 42(b)(1)(A) of the Internal Revenue Code.
(B) For the fourth year, the difference between 30 percent and the sum of the applicable percentages for the first three years. (2) In the case of any qualified low-income building that is a new building and is federally subsidized and receiving an allocation pursuant to subparagraph (B) of paragraph (1) of subdivision (g), the term “applicable percentage” means for the first three years, 9 percent of the qualified basis of the building, and for the fourth year, 3 percent of the qualified basis of the building.
(3) In the case of any qualified low-income building that receives an allocation after 1989 pursuant to subparagraph (A) of paragraph (1) of subdivision (g) and that is a new building that is federally subsidized or that is an existing building that is “at risk of conversion,” the term “applicable percentage” means the following:
(A) For each of the first three years, the percentage prescribed by the Secretary of the Treasury for new buildings that are federally subsidized for the taxable year.
(B) For the fourth year, the difference between 13 percent and the sum of the applicable percentages for the first three years. (4) In the case of any qualified low-income building that receives an allocation pursuant to subparagraph (A) of paragraph (1) of subdivision (g) that meets all of the requirements of subparagraphs (A) through (D), inclusive, the term “applicable percentage” means 30 percent for each of the first three years and 5 percent for the fourth year. A qualified low-income building receiving an allocation under this paragraph is ineligible to also receive an allocation under paragraph (3).
(A) The qualified low-income building is at least 15 years old. (B) The qualified low-income building is either:
(i) Serving households of very low income or extremely low income such that the average maximum household income as restricted, pursuant to an existing regulatory agreement with a federal, state, county, local, or other governmental agency, is not more than 45 percent of the area median gross income, as determined under Section 42 of the Internal Revenue Code, relating to low-income housing credit, adjusted by household size, and a tax credit regulatory agreement is entered into for a period of not less than 55 years restricting the average targeted household income to no more than 45 percent of the area median income.
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(ii) Financed under Section 514 or 521 of the National Housing Act of 1949 (42 U.S.C. Sec. 1485).
(C) The qualified low-income building would have insufficient credits under paragraphs (2) and (3) to complete substantial rehabilitation due to a low appraised value.
(D) The qualified low-income building will complete the substantial rehabilitation in connection with the credit allocation herein. (5) For purposes of this section, the term “at risk of conversion,” with respect to an existing property means a property that satisfies all of the following criteria:
(A) The property is a multifamily rental housing development in which at least 50 percent of the units receive governmental assistance pursuant to any of the following:
(i) New construction, substantial rehabilitation, moderate rehabilitation, property disposition, and loan management set-aside programs, or any other program providing project-based assistance pursuant to Section 8 of the United States Housing Act of 1937, Section 1437f of Title 42 of the United States Code, as amended.
(ii) The Below-Market-Interest-Rate Program pursuant to Section 221(d)(3) of the National Housing Act, Sections 1715l(d)(3) and (5) of Title 12 of the United States Code.
(iii) Section 236 of the National Housing Act, Section 1715z-1 of Title 12 of the United States Code.
(iv) Programs for rent supplement assistance pursuant to Section 101 of the Housing and Urban Development Act of 1965, Section 1701s of Title 12 of the United States Code, as amended.
(v) Programs pursuant to Section 514 of the Housing Act of 1949, Section 1484 of Title 42 of the United States Code, as amended, and Section 515 of the Housing Act of 1949, Section 1485 of Title 42 of the United States Code, as amended.
(vi) The low-income housing credit program set forth in Section 42 of the Internal Revenue Code, relating to low-income housing credit. (vii) Programs for loans or grants administered by the Department of Housing and Community Development.
(B) The restrictions on rent and income levels will terminate or the federally insured mortgage or rent subsidy contract on the property is eligible for prepayment or termination any time within five years before or after the date of application to the California Tax Credit Allocation Committee. (C) The entity acquiring the property enters into a regulatory agreement that requires the property to be operated in accordance with the requirements of this section for a period equal to the greater of 55 years or the life of the property.
(D) The property satisfies the requirements of Section 42(e) of the Internal Revenue Code, relating to rehabilitation expenditures treated as separate new building, except that the provisions of Section 42(e)(3)(A)(ii)(I) shall not apply.
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(6) On and after January 1, 2018, in the case of any qualified low-income building that is (A) farmworker housing, as defined by paragraph (2) of subdivision (h) of Section 50199.7 of the Health and Safety Code, and (B) is federally subsidized, the term “applicable percentage” means for each of the first three years, 20 percent of the qualified basis of the building, and for the fourth year, 15 percent of the qualified basis of the building. (d) The term “qualified low-income housing project” as defined in Section 42(c)(2) of the Internal Revenue Code, relating to qualified low-income building, is modified by adding the following requirements:
(1) The taxpayer shall be entitled to receive a cash distribution from the operations of the project, after funding required reserves, that, at the election of the taxpayer, is equal to:
(A) An amount not to exceed 8 percent of the lesser of:
(i) The owner equity that shall include the amount of the capital contributions actually paid to the housing sponsor and shall not include any amounts until they are paid on an investor note.
(ii) Twenty percent of the adjusted basis of the building as of the close of the first taxable year of the credit period.
(B) The amount of the cashflow from those units in the building that are not low-income units. For purposes of computing cashflow under this subparagraph, operating costs shall be allocated to the low-income units using the “floor space fraction,” as defined in Section 42 of the Internal Revenue Code, relating to low-income housing credit.
(C) Any amount allowed to be distributed under subparagraph (A) that is not available for distribution during the first five years of the compliance period may be accumulated and distributed any time during the first 15 years of the compliance period but not thereafter.
(2) The limitation on return shall apply in the aggregate to the partners if the housing sponsor is a partnership and in the aggregate to the shareholders if the housing sponsor is an “S” corporation. (3) The housing sponsor shall apply any cash available for distribution in excess of the amount eligible to be distributed under paragraph (1) to reduce the rent on rent-restricted units or to increase the number of rent-restricted units subject to the tests of Section 42(g)(1) of the Internal Revenue Code, relating to in general.
(e) The provisions of Section 42(f) of the Internal Revenue Code, relating to definition and special rules relating to credit period, shall be modified as follows:
(1) The term “credit period” as defined in Section 42(f)(1) of the Internal Revenue Code, relating to credit period defined, is modified by substituting “four taxable years” for “10 taxable years.”
(2) The special rule for the first taxable year of the credit period under Section 42(f)(2) of the Internal Revenue Code, relating to special rule for 1st year of credit period, shall not apply to the tax credit under this section. (3) Section 42(f)(3) of the Internal Revenue Code, relating to determination of applicable percentage with respect to increases in qualified basis after 1st year of credit period, is modified to read:
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If, as of the close of any taxable year in the compliance period, after the first year of the credit period, the qualified basis of any building exceeds the qualified basis of that building as of the close of the first year of the credit period, the housing sponsor, to the extent of its tax credit allocation, shall be eligible for a credit on the excess in an amount equal to the applicable percentage determined pursuant to subdivision (c) for the four-year period beginning with the later of the taxable years in which the increase in qualified basis occurs.
(f) The provisions of Section 42(h) of the Internal Revenue Code, relating to limitation on aggregate credit allowable with respect to projects located in a state, shall be modified as follows:
(1) Section 42(h)(2) of the Internal Revenue Code, relating to allocated credit amount to apply to all taxable years ending during or after credit allocation year, does not apply and instead the following provisions apply:
The total amount for the four-year credit period of the housing credit dollars allocated in a calendar year to any building shall reduce the aggregate housing credit dollar amount of the California Tax Credit Allocation Committee for the calendar year in which the allocation is made. (2) Paragraphs (3), (4), (5), (6)(E)(i)(II), (6)(F), (6)(G), (6)(I), (7), and (8) of Section 42(h) of the Internal Revenue Code, relating to limitation on aggregate credit allowable with respect to projects located in a state, do not apply to this section.
(g) The aggregate housing credit dollar amount that may be allocated annually by the California Tax Credit Allocation Committee pursuant to this section, Section 17058, and Section 23610.5 shall be an amount equal to the sum of all the following:
(1) (A) Seventy million dollars ($70,000,000) for the 2001 calendar year, and, for the 2002 calendar year and each calendar year thereafter, seventy million dollars ($70,000,000) increased by the percentage, if any, by which the Consumer Price Index for the preceding calendar year exceeds the Consumer Price Index for the 2001 calendar year. For the purposes of this paragraph, the term “Consumer Price Index” means the last Consumer Price Index for All Urban Consumers published by the federal Department of Labor.
(B) Five hundred million dollars ($500,000,000) for the 2020 calendar year, and up to five hundred million dollars ($500,000,000) for the 2021 calendar year and every year thereafter. Allocations shall only be available pursuant to this subparagraph in the 2021 calendar year and thereafter if the annual Budget Act, or if any bill providing for appropriations related to the Budget Act, specifies an amount to be available for allocation in that calendar year by the California Tax Credit Allocation Committee, and the California Tax Credit Allocation Committee has adopted regulatory reforms aimed at increasing production and containing costs. A housing sponsor receiving a nonfederally subsidized allocation under subdivision (c) shall not be eligible for receipt of the housing credit allocated from the increased amount under this subparagraph. A housing sponsor receiving a nonfederally subsidized allocation under subdivision (c) shall remain eligible for receipt of the 95 — 73 — Ch. 159
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housing credit allocated from the credit ceiling amount under subparagraph (A).
(i) Eligible projects for allocations under this subparagraph include any new building, as defined in Section 42(i)(4) of the Internal Revenue Code, relating to newly constructed buildings, and the regulations promulgated thereunder, excluding rehabilitation expenditures under Section 42(e) of the Internal Revenue Code, relating to rehabilitation expenditures treated as separate new building, and is federally subsidized.
(ii) Notwithstanding any other provision of this section, for allocations pursuant to this subparagraph for the 2020 calendar year, the California Tax Credit Allocation Committee shall consider projects located throughout the state and shall allocate housing credits, subject to the minimum federal requirements as set forth in Sections 42 and 142 of the Internal Revenue Code, the minimum requirements set forth in Sections 5033 and 5190 of the California Debt Limit Allocation Committee regulations, and the minimum set forth in Section 10326 of the Tax Credit Allocation Committee regulations, for projects that can begin construction within 180 days from award, subject to availability of funds.
(iii) Notwithstanding any other provision of this section, for allocations pursuant to this subparagraph for the 2021 calendar year and thereafter, the California Tax Credit Allocation Committee shall prescribe regulations, rules, guidelines, or procedures necessary to implement a new allocation methodology that is aimed at increasing production and containing costs. (iv) Of the amount available pursuant to this subparagraph, and notwithstanding any other requirement of this section, the California Tax Credit Allocation Committee may allocate up to two hundred million dollars ($200,000,000) for housing financed by the California Housing Finance Agency under its Mixed-Income Program.
(2) The unused housing credit ceiling, if any, for the preceding calendar years.
(3) The amount of housing credit ceiling returned in the calendar year.
For purposes of this paragraph, the amount of housing credit dollar amount returned in the calendar year equals the housing credit dollar amount previously allocated to any project that does not become a qualified low-income housing project within the period required by this section or to any project with respect to which an allocation is canceled by mutual consent of the California Tax Credit Allocation Committee and the allocation recipient.
(4) Five hundred thousand dollars ($500,000) per calendar year for projects to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
(5) The amount of any unallocated or returned credits under former Sections 17053.14, 23608.2, and 23608.3, as those sections read prior to January 1, 2009, until fully exhausted for projects to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
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(h) The term “compliance period” as defined in Section 42(i)(1) of the Internal Revenue Code, relating to compliance period, is modified to mean, with respect to any building, the period of 30 consecutive taxable years beginning with the first taxable year of the credit period with respect thereto. (i) (1) Section 42(j) of the Internal Revenue Code, relating to recapture of credit, shall not be applicable and the provisions in paragraph (2) shall be substituted in its place.
(2) The requirements of this section shall be set forth in a regulatory agreement between the California Tax Credit Allocation Committee and the housing sponsor, and the regulatory agreement shall be subordinated, when required, to any lien or encumbrance of any banks or other institutional lenders to the project. The regulatory agreement entered into pursuant to subdivision (f) of Section 50199.14 of the Health and Safety Code, shall apply, provided that the agreement includes all of the following provisions:
(A) A term not less than the compliance period.
(B) A requirement that the agreement be recorded in the official records of the county in which the qualified low-income housing project is located. (C) A provision stating which state and local agencies can enforce the regulatory agreement in the event the housing sponsor fails to satisfy any of the requirements of this section.
(D) A provision that the regulatory agreement shall be deemed a contract enforceable by tenants as third-party beneficiaries thereto and that allows individuals, whether prospective, present, or former occupants of the building, who meet the income limitation applicable to the building, the right to enforce the regulatory agreement in any state court. (E) A provision incorporating the requirements of Section 42 of the Internal Revenue Code, relating to low-income housing credit, as modified by this section.
(F) A requirement that the housing sponsor notify the California Tax Credit Allocation Committee or its designee and the local agency that can enforce the regulatory agreement if there is a determination by the Internal Revenue Service that the project is not in compliance with Section 42(g) of the Internal Revenue Code, relating to qualified low-income housing project. (G) A requirement that the housing sponsor, as security for the performance of the housing sponsor’s obligations under the regulatory agreement, assign the housing sponsor’s interest in rents that it receives from the project, provided that until there is a default under the regulatory agreement, the housing sponsor is entitled to collect and retain the rents. (H) A provision that the remedies available in the event of a default under the regulatory agreement that is not cured within a reasonable cure period include, but are not limited to, allowing any of the parties designated to enforce the regulatory agreement to collect all rents with respect to the project; taking possession of the project and operating the project in accordance with the regulatory agreement until the enforcer determines the housing sponsor is in a position to operate the project in accordance with the regulatory agreement; applying to any court for specific performance; 95 — 75 — Ch. 159
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securing the appointment of a receiver to operate the project; or any other relief as may be appropriate.
(j) (1) The committee shall allocate the housing credit on a regular basis consisting of two or more periods in each calendar year during which applications may be filed and considered. The committee shall establish application filing deadlines, the maximum percentage of federal and state low-income housing tax credit ceiling that may be allocated by the committee in that period, and the approximate date on which allocations shall be made.
If the enactment of federal or state law, the adoption of rules or regulations, or other similar events prevent the use of two allocation periods, the committee may reduce the number of periods and adjust the filing deadlines, maximum percentage of credit allocated, and the allocation dates. (2) The committee shall adopt a qualified allocation plan, as provided in Section 42(m)(1) of the Internal Revenue Code, relating to plans for allocation of credit among projects. In adopting this plan, the committee shall comply with the provisions of Sections 42(m)(1)(B) and 42(m)(1)(C) of the Internal Revenue Code, relating to qualified allocation plan and relating to certain selection criteria must be used, respectively. (3) Notwithstanding Section 42(m) of the Internal Revenue Code, relating to responsibilities of housing credit agencies, the California Tax Credit Allocation Committee shall allocate housing credits in accordance with the qualified allocation plan and regulations, which shall include the following provisions:
(A) All housing sponsors, as defined by paragraph (3) of subdivision (a), shall demonstrate at the time the application is filed with the committee that the project meets the following threshold requirements:
(i) The housing sponsor shall demonstrate there is a need and demand for low-income housing in the community or region for which it is proposed. (ii) The project’s proposed financing, including tax credit proceeds, shall be sufficient to complete the project and that the proposed operating income shall be adequate to operate the project for the extended use period. (iii) The project shall have enforceable financing commitments, either construction or permanent financing, for at least 50 percent of the total estimated financing of the project.
(iv) The housing sponsor shall have and maintain control of the site for the project.
(v) The housing sponsor shall demonstrate that the project complies with all applicable local land use and zoning ordinances.
(vi) The housing sponsor shall demonstrate that the project development team has the experience and the financial capacity to ensure project completion and operation for the extended use period.
(vii) The housing sponsor shall demonstrate the amount of tax credit that is necessary for the financial feasibility of the project and its viability as a qualified low-income housing project throughout the extended use period, taking into account operating expenses, a supportable debt service, reserves, funds set aside for rental subsidies and required equity, and a development fee that does not exceed a specified percentage of the eligible basis of the 95 Ch. 159 — 76 —
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project prior to inclusion of the development fee in the eligible basis, as determined by the committee.
(B) The committee shall give a preference to those projects satisfying all of the threshold requirements of subparagraph (A) if both of the following apply:
(i) The project serves the lowest income tenants at rents affordable to those tenants.
(ii) The project is obligated to serve qualified tenants for the longest period.
(C) In addition to the provisions of subparagraphs (A) and (B), the committee shall use the following criteria in allocating housing credits:
(i) Projects serving large families in which a substantial number, as defined by the committee, of all residential units are low-income units with three or more bedrooms.
(ii) Projects providing single-room occupancy units serving very low income tenants.
(iii) Existing projects that are “at risk of conversion,” as defined by paragraph (5) of subdivision (c).
(iv) Projects for which a public agency provides direct or indirect long-term financial support for at least 15 percent of the total project development costs or projects for which the owner’s equity constitutes at least 30 percent of the total project development costs. (v) Projects that provide tenant amenities not generally available to residents of low-income housing projects.
(D) Subparagraphs (B) and (C) shall not apply to projects receiving an allocation pursuant to subparagraph (B) of paragraph (1) of subdivision (g). (4) For purposes of allocating credits pursuant to this section, the committee shall not give preference to any project by virtue of the date of submission of its application except to break a tie when two or more of the projects have an equal rating.
(k) Section 42(l) of the Internal Revenue Code, relating to certifications and other reports to secretary, shall be modified as follows:
The term “secretary” shall be replaced by the term “Franchise Tax Board.” (l) In the case in which the credit allowed under this section exceeds the “tax,” the excess may be carried over to reduce the “tax” in the following year, and succeeding years if necessary, until the credit has been exhausted. (m) The provisions of Section 11407(a) of Public Law 101-508, relating to the effective date of the extension of the low-income housing credit, apply to calendar years after 1993.
(n) The provisions of Section 11407(c) of Public Law 101-508, relating to election to accelerate credit, shall not apply.
(o) (1) (A) For a project that receives a preliminary reservation under this section beginning on or after January 1, 2016, a taxpayer may elect in its application to the California Tax Credit Allocation Committee to sell all or any portion of any credit allowed under this section to one or more unrelated parties for each taxable year in which the credit is allowed, subject to subparagraphs (B) and (C). The taxpayer may, only once, revoke an 95 — 77 — Ch. 159
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election to sell pursuant to this subdivision at any time before the California Tax Credit Allocation Committee allocates a final credit amount for the project pursuant to this section, at which point the election shall become irrevocable.
(B) A credit that a taxpayer elects to sell all or a portion of pursuant to this subdivision shall be sold for consideration that is not less than 80 percent of the amount of the credit.
(C) A taxpayer shall not elect to sell all or any portion of any credit pursuant to this subdivision if the taxpayer did not make that election in its application submitted to the California Tax Credit Allocation Committee. (2) (A) The taxpayer that originally received the credit shall report to the California Tax Credit Allocation Committee within 10 days of the sale of the credit, in the form and manner specified by the California Tax Credit Allocation Committee, all required information regarding the purchase and sale of the credit, including the social security or other taxpayer identification number of the unrelated party or parties to whom the credit has been sold, the face amount of the credit sold, and the amount of consideration received by the taxpayer for the sale of the credit.
(B) The California Tax Credit Allocation Committee shall provide an annual listing to the Franchise Tax Board, in a form and manner agreed upon by the California Tax Credit Allocation Committee and the Franchise Tax Board, of the taxpayers that have sold or purchased a credit pursuant to this subdivision.
(3) A credit may be sold pursuant to this subdivision to more than one unrelated party.
(4) Notwithstanding any other law, the taxpayer that originally received the credit that is sold pursuant to paragraph (1) shall remain solely liable for all obligations and liabilities imposed on the taxpayer by this section with respect to the credit, none of which shall apply to a party to whom the credit has been sold or subsequently transferred. Parties that purchase credits pursuant to paragraph (1) shall be entitled to utilize the purchased credits in the same manner in which the taxpayer that originally received the credit could utilize them.
(p) The California Tax Credit Allocation Committee may prescribe rules, guidelines, or procedures necessary or appropriate to carry out the purposes of this section, including any guidelines regarding the allocation of the credit allowed under this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any rule, guideline, or procedure prescribed by the California Tax Credit Allocation Committee pursuant to this section.
(q) This section shall remain in effect for as long as Section 42 of the Internal Revenue Code, relating to low-income housing credit, remains in effect.
SEC. 24. Section 17058 of the Revenue and Taxation Code is amended to read:
17058. (a) (1) There shall be allowed as a credit against the “net tax,” defined in Section 17039, a state low-income housing tax credit in an amount 95 Ch. 159 — 78 —
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equal to the amount determined in subdivision (c), computed in accordance with Section 42 of the Internal Revenue Code, relating to low-income housing credit, except as otherwise provided in this section. (2) “Taxpayer,” for purposes of this section, means the sole owner in the case of an individual, the partners in the case of a partnership, and the shareholders in the case of an “S” corporation.
(3) “Housing sponsor,” for purposes of this section, means the sole owner in the case of an individual, the partnership in the case of a partnership, and the “S” corporation in the case of an “S” corporation.
(b) (1) The amount of the credit allocated to any housing sponsor shall be authorized by the California Tax Credit Allocation Committee, or any successor thereof, based on a project’s need for the credit for economic feasibility in accordance with the requirements of this section. (A) The low-income housing project shall be located in California and shall meet either of the following requirements:
(i) Except for projects to provide farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, that are allocated credits solely under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code, the project’s housing sponsor has been allocated by the California Tax Credit Allocation Committee a credit for federal income tax purposes under Section 42 of the Internal Revenue Code, relating to low-income housing credit. (ii) It qualifies for a credit under Section 42(h)(4)(B) of the Internal Revenue Code, relating to special rule where 50 percent or more of building is financed with tax-exempt bonds subject to volume cap. (B) The California Tax Credit Allocation Committee shall not require fees for the credit under this section in addition to those fees required for applications for the tax credit pursuant to Section 42 of the Internal Revenue Code, relating to low-income housing credit. The committee may require a fee if the application for the credit under this section is submitted in a calendar year after the year the application is submitted for the federal tax credit.
(C) (i) For a project that receives a preliminary reservation of the state low-income housing tax credit, allowed pursuant to subdivision (a), on or after January 1, 2009, the credit shall be allocated to the partners of a partnership owning the project in accordance with the partnership agreement, regardless of how the federal low-income housing tax credit with respect to the project is allocated to the partners, or whether the allocation of the credit under the terms of the agreement has substantial economic effect, within the meaning of Section 704(b) of the Internal Revenue Code, relating to determination of distributive share.
(ii) To the extent the allocation of the credit to a partner under this section lacks substantial economic effect, any loss or deduction otherwise allowable under this part that is attributable to the sale or other disposition of that partner’s partnership interest made prior to the expiration of the federal credit shall not be allowed in the taxable year in which the sale or other disposition occurs, but shall instead be deferred until and treated as if it 95 — 79 — Ch. 159
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occurred in the first taxable year immediately following the taxable year in which the federal credit period expires for the project described in clause (i).
(iii) This subparagraph shall not apply to a project that receives a preliminary reservation of state low-income housing tax credits under the set-aside described in subdivision (c) of Section 50199.20 of the Health and Safety Code unless the project also receives a preliminary reservation of federal low-income housing tax credits.
(2) (A) The California Tax Credit Allocation Committee shall certify to the housing sponsor the amount of tax credit under this section allocated to the housing sponsor for each credit period.
(B) In the case of a partnership or an “S” corporation, the housing sponsor shall provide a copy of the California Tax Credit Allocation Committee certification to the taxpayer.
(C) The taxpayer shall, upon request, provide a copy of the certification to the Franchise Tax Board.
(D) All elections made by the taxpayer pursuant to Section 42 of the Internal Revenue Code, relating to low-income housing credit, apply to this section.
(E) (i) Except as described in clause (ii) or (iii), for buildings located in designated difficult development areas (DDAs) or qualified census tracts (QCTs), as defined in Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas, credits may be allocated under this section in the amounts prescribed in subdivision (c), provided that the amount of credit allocated under Section 42 of the Internal Revenue Code, relating to low-income housing credit, is computed on 100 percent of the qualified basis of the building.
(ii) Notwithstanding clause (i), the California Tax Credit Allocation Committee may allocate the credit for buildings located in DDAs or QCTs that are restricted to having 50 percent of the building’s occupants be special needs households, as defined in the California Code of Regulations by the California Tax Credit Allocation Committee, or receiving an allocation pursuant to subparagraph (B) of paragraph (1) of subdivision (g), even if the taxpayer receives federal credits pursuant to Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas, provided that the credit allowed under this section shall not exceed 30 percent of the eligible basis of the building. (iii) On and after January 1, 2018, notwithstanding clause (i), the California Tax Credit Allocation Committee may allocate the credit pursuant to paragraph (7) of subdivision (c) even if the taxpayer receives federal credits, pursuant to Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas. (F) (i) The California Tax Credit Allocation Committee may allocate a credit under this section in exchange for a credit allocated pursuant to Section 42(d)(5)(B) of the Internal Revenue Code, relating to increase in credit for buildings in high-cost areas, in amounts up to 30 percent of the eligible basis of a building if the credits allowed under Section 42 of the Internal 95 Ch. 159 — 80 —
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Revenue Code, relating to low-income housing credit, are reduced by an equivalent amount.
(ii) An equivalent amount shall be determined by the California Tax Credit Allocation Committee based upon the relative amount required to produce an equivalent state tax credit to the taxpayer. (c) Section 42(b) of the Internal Revenue Code, relating to applicable percentage: 70 percent present value credit for certain new buildings; 30 percent present value credit for certain other buildings, shall be modified as follows:
(1) In the case of any qualified low-income building placed in service by the housing sponsor during 1987, the term “applicable percentage” means 9 percent for each of the first three years and 3 percent for the fourth year for new buildings (whether or not the building is federally subsidized) and for existing buildings.
(2) In the case of any qualified low-income building that receives an allocation after 1989 and is a new building not federally subsidized, the term “applicable percentage” means the following:
(A) For each of the first three years, the percentage prescribed by the Secretary of the Treasury for new buildings that are not federally subsidized for the taxable year, determined in accordance with the requirements of Section 42(b)(2) of the Internal Revenue Code, relating to temporary minimum credit rate for nonfederally subsidized new buildings, in lieu of the percentage prescribed in Section 42(b)(1)(A) of the Internal Revenue Code.
(B) For the fourth year, the difference between 30 percent and the sum of the applicable percentages for the first three years. (3) In the case of any qualified low-income building that is a new building that is federally subsidized and receiving an allocation pursuant to subparagraph (B) of paragraph (1) of subdivision (g), the term “applicable percentage” means for the first three years, 9 percent of the qualified basis of the building, and for the fourth year, 3 percent of the qualified basis of the building.
(4) In the case of any qualified low-income building that receives an allocation after 1989 pursuant to subparagraph (A) of paragraph (1) of subdivision (g) and that is a new building that is federally subsidized or that is an existing building that is “at risk of conversion,” the term “applicable percentage” means the following:
(A) For each of the first three years, the percentage prescribed by the Secretary of the Treasury for new buildings that are federally subsidized for the taxable year.
(B) For the fourth year, the difference between 13 percent and the sum of the applicable percentages for the first three years. (5) In the case of any qualified low-income building that receives an allocation pursuant to subparagraph (A) of paragraph (1) of subdivision (g) that meets all of the requirements of subparagraphs (A) through (D), inclusive, the term “applicable percentage” means 30 percent for each of the first three years and 5 percent for the fourth year. A qualified low-income 95 — 81 — Ch. 159
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building receiving an allocation under this paragraph is ineligible to also receive an allocation under paragraph (3).
(A) The qualified low-income building is at least 15 years old. (B) The qualified low-income building is either:
(i) Serving households of very low income or extremely low income such that the average maximum household income as restricted, pursuant to an existing regulatory agreement with a federal, state, county, local, or other governmental agency, is not more than 45 percent of the area median gross income, as determined under Section 42 of the Internal Revenue Code, relating to low-income housing credit, adjusted by household size, and a tax credit regulatory agreement is entered into for a period of not less than 55 years restricting the average targeted household income to no more than 45 percent of the area median income.
(ii) Financed under Section 514 or 521 of the National Housing Act of 1949 (42 U.S.C. Sec. 1485).
(C) The qualified low-income building would have insufficient credits under paragraphs (2) and (3) to complete substantial rehabilitation due to a low appraised value.
(D) The qualified low-income building will complete the substantial rehabilitation in connection with the credit allocation herein. (6) For purposes of this section, the term “at risk of conversion,” with respect to an existing property means a property that satisfies all of the following criteria:
(A) The property is a multifamily rental housing development in which at least 50 percent of the units receive governmental assistance pursuant to any of the following:
(i) New construction, substantial rehabilitation, moderate rehabilitation, property disposition, and loan management set-aside programs, or any other program providing project-based assistance pursuant to Section 8 of the United States Housing Act of 1937, Section 1437f of Title 42 of the United States Code, as amended.
(ii) The Below-Market-Interest-Rate Program pursuant to Section 221(d)(3) of the National Housing Act, Sections 1715l(d)(3) and (5) of Title 12 of the United States Code.
(iii) Section 236 of the National Housing Act, Section 1715z-1 of Title 12 of the United States Code.
(iv) Programs for rent supplement assistance pursuant to Section 101 of the Housing and Urban Development Act of 1965, Section 1701s of Title 12 of the United States Code, as amended.
(v) Programs pursuant to Section 514 of the Housing Act of 1949, Section 1484 of Title 42 of the United States Code, as amended, and Section 515 of the Housing Act of 1949, Section 1485 of Title 42 of the United States Code, as amended.
(vi) The low-income housing credit program set forth in Section 42 of the Internal Revenue Code, relating to low-income housing credit. (vii) Programs for loans or grants administered by the Department of Housing and Community Development.
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(B) The restrictions on rent and income levels will terminate or the federally insured mortgage or rent subsidy contract on the property is eligible for prepayment or termination any time within five years before or after the date of application to the California Tax Credit Allocation Committee. (C) The entity acquiring the property enters into a regulatory agreement that requires the property to be operated in accordance with the requirements of this section for a period equal to the greater of 55 years or the life of the property.
(D) The property satisfies the requirements of Section 42(e) of the Internal Revenue Code, relating to rehabilitation expenditures treated as separate new building, except that the provisions of Section 42(e)(3)(A)(ii)(I) shall not apply.
(7) On and after January 1, 2018, in the case of any qualified low-income building that is (A) farmworker housing, as defined by paragraph (2) of subdivision (h) of Section 50199.7 of the Health and Safety Code, and (B) is federally subsidized, the term “applicable percentage” means for each of the first three years, 20 percent of the qualified basis of the building, and for the fourth year, 15 percent of the qualified basis of the building. (d) The term “qualified low-income housing project” as defined in Section 42(c)(2) of the Internal Revenue Code, relating to qualified low-income building, is modified by adding the following requirements:
(1) The taxpayer shall be entitled to receive a cash distribution from the operations of the project, after funding required reserves, that, at the election of the taxpayer, is equal to:
(A) An amount not to exceed 8 percent of the lesser of:
(i) The owner equity, which shall include the amount of the capital contributions actually paid to the housing sponsor and shall not include any amounts until they are paid on an investor note.
(ii) Twenty percent of the adjusted basis of the building as of the close of the first taxable year of the credit period.
(B) The amount of the cashflow from those units in the building that are not low-income units. For purposes of computing cashflow under this subparagraph, operating costs shall be allocated to the low-income units using the “floor space fraction,” as defined in Section 42 of the Internal Revenue Code, relating to low-income housing credit.
(C) Any amount allowed to be distributed under subparagraph (A) that is not available for distribution during the first five years of the compliance period may be accumulated and distributed any time during the first 15 years of the compliance period but not thereafter.
(2) The limitation on return shall apply in the aggregate to the partners if the housing sponsor is a partnership and in the aggregate to the shareholders if the housing sponsor is an “S” corporation. (3) The housing sponsor shall apply any cash available for distribution in excess of the amount eligible to be distributed under paragraph (1) to reduce the rent on rent-restricted units or to increase the number of rent-restricted units subject to the tests of Section 42(g)(1) of the Internal Revenue Code, relating to in general.
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(e) The provisions of Section 42(f) of the Internal Revenue Code, relating to definition and special rules relating to credit period, shall be modified as follows:
(1) The term “credit period” as defined in Section 42(f)(1) of the Internal Revenue Code, relating to credit period defined, is modified by substituting “four taxable years” for “10 taxable years.”
(2) The special rule for the first taxable year of the credit period under Section 42(f)(2) of the Internal Revenue Code, relating to special rules for 1st year of credit period, shall not apply to the tax credit under this section. (3) Section 42(f)(3) of the Internal Revenue Code, relating to determination of applicable percentage with respect to increases in qualified basis after 1st year of credit period, is modified to read: