Agenda packet — City Council and Authorities Concurrent, April 5, 2022 (part 5 of 6)

WHEREAS, on March 22, 2022 the City Council approved a resolution adopting General Plan designations for the Patrick Henry Drive plan area, with residential densities ranging from 60 to 250 dwelling units per acre;
WHEREAS, the Patrick Henry Drive Area is currently zoned Light Industrial (ML), which allows for uses such as manufacturing, processing, repairing and storing products; WHEREAS, the Santa Clara City Code ("SCCC") currently does not include any zoning district that would implement the General Plan designations adopted in the March 22, 2022 General Plan Amendment resolution; and,
WHEREAS, in order to effectuate the Project and the higher-density residential uses envisioned by the General Plan Amendment, it therefore is necessary to (a) create a new high-density residential zoning district that includes districts applicable to the Patrick Henry Drive plan area, (b) rezone the Patrick Henry Drive Plan Area to those new zoning districts, and (c) to modify bicycle parking standards.

NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA, AS FOLLOWS:

SECTION 1: That a new Chapter 18.27, "Regulations for the Patrick Henry Drive Area (PHO) Districts", is hereby added to Title 18 (entitled "Zoning"), of"The Code of the City of Santa Clara, California" ("SCCC") as follows:
"Chapter 18.27
Regulations for the Patrick Henry Drive Area (PHO) Zoning Districts

18.27 .010 Application.

The regulations set forth in this chapter apply to the Patrick Henry Drive Area (PHO) zoning districts.

Ordinance/Patrick Henry Drive Zoning District
Rev: 09/2019

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18.27 .020 Intent.

This Chapter is designed to implement the General Plan designations contained in the Patrick Henry Drive Specific Plan, creating a high-density, transit-oriented residential district with supportive retail services. Residential uses are authorized in all zoning districts listed below in varying densities, and ground-floor office and retail uses are also allowed in all zoning districts listed below in selected locations. The Patrick Henry Drive Plan area is expected to be implemented over time, and this Chapter contains provisions for the continuation of existing industrial buildings and uses. This Chapter includes the following districts:

Patrick Henry Very-High-Density Residential Zone (PH-R5-100D). The purpose of the PH-R5-1 00D Patrick Henry Very-High-Density Residential Zone is to provide land areas for the construction, use, and occupancy of high density and intensity multi-family developments (i.e., low-rise, mid-rise, and high-rise apartments and condominiums). It is the intent of this zone to encourage development to use innovative site planning, provide on-site recreational amenities and be located near major community facilities, business centers, transportation corridors, and/or major thoroughfares. The residential density range for this zone is 51-100 dwelling units per acre. This zone implements the Very High-Density land use designation in the General Plan.

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Rev: 09/2019

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Urban Village (UV-149D). The purpose of the UV-149D Urban Village Zone is to accommodate transit-oriented, multi-family residential development at very-high densities between 5-12 stories within the Patrick Henry Drive Specific Plan. These urban-scale developments feature pedestrian-oriented facades and frontages. Urban Village developments include structured or below-grade parking and shared outdoor spaces proximate to transit. The residential density range for this zone is 100-149 dwelling units per acre. This zone implements the Urban Village land use designation in the General Plan.

Village Residential (VR-149D). The purpose of the VR-149D Village Residential Zone is to accommodate multi-family residential development at very-high densities between 5-12 stories within the Patrick Henry Drive Specific Plan. The residential density range for this zone is 60-149 dwelling units per acre. This zone implements the Village Residential land use designation in the General Plan.

Urban Center (UC-250D). The purpose of the UC-250D Urban Center Zone is to accommodate transit-oriented, multi-family residential development at very-high densities with no height limits except those imposed by the FAA due to flight paths for the San Jose International Airport, within the Patrick Henry Drive Specific Plan area. These urban-scale developments feature pedestrian-oriented facades and frontages. Urban Center developments include structured or below-grade parking and shared outdoor spaces proximate to transit. The residential density range for this zone is 120-250 dwelling units per acre. Densities over 250 du/acre may be allowed for the provision of community benefits agreed upon with the City and formalized in a development agreement. This zone implements the Urban Center land use designation in the General Plan.

Ordinance/Patrick Henry Drive Zoning District
Rev: 09/2019

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High Density Flex (HD Flex). The purpose of the HD Flex High Density Flex Zone is to accommodate transit-oriented, multi-family residential development interspersed with office on four parcels along the eastern edge of the Patrick Henry Drive Specific Plan Area.

Allowable height ranges between 5-12 stories. The residential density range for this zone is 60-149 dwelling units per acre. Office development is allowed up to 2.0 FAR, per the choice of property owners. This zone implements the High-Density Flex land use designation in the General Plan.

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Rev: 09/2019

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18.27.030 Permitted Uses and Permit Requirements - Residential.

Land Use (see Article 8 for land use definitions).

Dwelling, Accessory Units
Dwelling, Multifamily
Dwelling, Second Unit
Dwelling, Single-Family
Dwelling, Two-Family
Employee Housing
Home Occupations
Live-Work Facilities
Mobile Home Park
Organizational Houses
Rooming and/or Boarding Houses
Supportive Housing
Transitional Housing
Assisted Living Facilities
Day Care Homes, Up to 14 Children
Community Care Facilities, Small
Community Care Facilities, Large
Emergency Shelters
Community Gardens
Parks and Public Plazas
Retail
Off-sale of alcohol
Restaurants, including on-sale of alcohol
Bars
Office Uses
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Ordinance/Patrick Henry Drive Zoning District
Rev: 09/2019
PHO Residential Zones
p
p
p
p
MUP
p
p
CUP
p
p
CUP
p
p
p
p
p
CUP
p

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18.27.040 Permitted Uses and Permit Requirements - Office and Industrial.

Cemeteries and Mausoleums
Crematories
Fitness Facilities
Parks and Public Plazas
Public Schools
Private Schools
Public/Private Colleges and Universities
Equipment/Machine/Vehicle Training Facilities
Vocational/Trade Schools
Broadcasting and Recording Studios
Fuel Storage and Distribution Centers
Park and Ride Facilities
Parking Facilities
Wireless Telecommunications Facilities and Towers,
Co-location/Small Cell
Wireless Telecommunication Facilities and Towers,
Minor (less than 70 feet)
Wireless Telecommunication Facilities and Towers,
Major (70 feet or higher)
Transit Stations and Terminals
Utility Facilities and Infrastructure
Ordinance/Patrick Henry Drive Zoning District
Rev : 09/2019
p
p
CUP
CUP
CUP
p
CUP
p
MUP
CUP
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18.27 .050 Existing Buildings and Uses
(a) Notwithstanding any other provision in this Chapter, the lawful use of buildings existing prior to the adoption of this Chapter may continue, and shall continue to be governed by the standards of the prior zoning (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty), until such time as (i) the existing building in its entirety is demolished voluntarily (unless for the purposes of implementing maintenance, repair, replacement, expansion or restoration in the event of casualty), and/or (ii) the existing use (including any expansions) has been discontinued in its entirety or is replaced with a use not permitted in the prior zoning regulations but permitted or conditionally permitted by this Chapter, at which time the prior zoning shall become inapplicable and the other sections of this Chapter shall apply from that point forward.
(b) Allowed Uses. For parcels with legal uses of buildings existing prior to the adoption of this Chapter, permitted uses of the prior zoning district are allowed, and none of the other sections of this Chapter 18.27 shall apply to such building and use, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a).

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( c) Conditional Uses. For parcels with legal uses of buildings existing prior to the adoption of this Chapter, conditional uses of the prior zoning district are conditionally permitted, and none of the other sections of this Chapter 18.27 shall apply, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a).
(d) Development Standards. For parcels with legal uses of buildings existing prior to the adoption of this Chapter, development standards of the prior zoning district shall apply, and none of the other sections of this Chapter 18.27 shall apply, until such time as the existing use (including any re-tenanting, maintenance, repair, replacement, modification, expansions and restoration in the event of casualty) has been discontinued in its entirety as set forth in subsection (a).

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18.27.060 Development Standards.

Development Feature PH-R5-99D UV-1490 VR-1490 UC-250D HD Flex (minimum unless otherwise indicated)
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Parcel Area 10,000 10,000 10,000 8,500 8,500
Street Frontage (feet) 70 70
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Parcel Area {less than 10,000 sq. ft.) None None None None None 1 Parcel Area {less than 10,000 sq. ft.) None None None -- .... - - -- - -- -- --_,.:.. •• • •• -=.. .....

Residential
(front, side corner and interior)
10 10 10 10 10
Mixed-Use
(front, side corner and interior)
0 0 0 0 0
Office {front, side corner and interior) 0 0 0 0 0
Setback Encroachments (i.e., awning,
balconies, stoops)
Setback encroachments are allowed per the quantitative standards of the PHD plan.

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Height (with in 20 feet of the R1-
. 6L,R1-8L, and R2 zones)
Height (all other zones)
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Number of Stories {all other zones)
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Allowable Density
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Private Recreation Space (required for a
minimum of 50 percent of units)
Common Recreation Space (per unit)
Ordinance/Patrick Henry Drive Zoning District
Rev: 09/2019
- f- -- -
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32 32 32 32
160 160 FAA 160
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12 12 FAA 12
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100-149 60-149 120-250 60-149
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Per the PDO and PHD plan
Per the PDQ and PHD plan
Page10of14

18.27.070 Parking Requirements.
(a) Minimum Parking Requirements.

Residential Minimum 1 space per unit for units
greater than 550 SF Minimum 0.05 spaces per unit
Minimum 0.5 spaces per unit for
units less than 550 SF
Retail / Flex None required Minimum 1 space per 1,000 SF Office Minimum one space for each 500 Minimum 1 space per 3,000 SF SF of gross floor area
Community/Civic None required None required
(b) Shared Parking. Parking shared among uses is encouraged, and up to 20% of parking spaces provided may be shared between two uses. For the purposes of this title, those parking spaces shared between two uses count towards the parking requirement of both.
(c) Surface Parking. Surface parking is only allowed as a temporary or interim use.
(d) Mechanical parking stackersllifts and tandem parking may be used to satisfy minimum requirements.
(e) Unbundled Parking . A maximum of one parking space shall be rented or sold with each unit. Additional parking spaces shall be rented or sold separately. (1) As an alternative to renting or selling parking spaces separately from residential unit, property managers may implement a parking preference program, with prospective renters without cars put on a separate waiting list from renters with cars, and renters being chosen alternately from the two lists.

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Rev: 09/2019

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18.27.080 Minimum Bicycle Parking Requirements.
(a) For each multi-family unit, one Class 1 bicycle parking space per unit and one Class 2 bike rack, accommodating two bikes, per 15 units is required. (b) Mixed-use developments: One Class 1 bicycle parking space per 30 employees and one Class 2 bike rack for every 1,000 square feet of retail, flex or community use.
(c) Office developments: One bicycle parking space per 6,000 square feet with 75 percent as Class One spaces and 25 percent as Class Two racks." SECTION 2: That all parcels in the Patrick Henry Drive Plan Area are hereby rezoned from Light Industrial (ML) to the districts in this Chapter, as indicated on the attached zoning map.

SECTION 3: That a new section 17.40.116 is hereby added to Chapter 17.40, Citywide Affordable Housing Requirements, of Title 17 (entitled "Development"), of"The Code of the City of Santa Clara, California" ("SCCC") to read as follows:
"17 .40.116 Affordability Levels - Patrick Henry Drive Specific Plan.

For either ownership or rental housing developed under the Patrick Henry Drive Area Zoning Districts in the Patrick Henry Drive Specific Plan Area, the following affordable housing requirements apply:

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Rev: 09/2019

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(a) Notwithstanding Subsection 17.40.0S0(a), residential ownership projects of ten or more units must provide at least fifteen percent (15%) of the units at affordable housing costs for extremely low, very low, low, moderate and above-moderate income households, or some combination of those income categories. A developer shall select income categories for each of the affordable units in three equal affordability levels such that for five percent of the units, the average income of purchasers will not exceed fifty percent (50%) of AMI; for the second five percent of the units, the average income of purchasers will not exceed eighty percent (80%) of AMI; and for the third five percent of the units, the average income of purchasers will not exceed one hundred twenty percent (120%) of AMI. Residential ownership projects of fewer than ten units may either provide one dwelling at an affordable housing cost for a household earning up to eighty percent (80%) of AMI, or pay an in-lieu fee identified for residential ownership projects in the affordable housing master fee schedule.
(b) Notwithstanding Subsection 17.40.090(a), for residential rental projects often or more units, a developer shall select income categories for each of the affordable units in three equal affordability levels such that for five percent of the units, the average income of purchasers will not exceed fifty percent (50%) of AMI; for the second five percent of the units, the average income of purchasers will not exceed eighty percent (80%) of AMI; and for the third five percent of the units, the average income of purchasers will not exceed one hundred twenty percent (120%) of AMI. Residential rental projects of fewer than ten units may either provide an affordable unit at an affordable housing cost for a household earning up to eighty percent (80%) of AMI, or pay an in-lieu fee identified for residential rental projects in the affordable housing master fee schedule.

Ordinance/Patrick Henry Drive Zoning District
Rev: 09/2019

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(c) In-Lieu Fee for Rental Units. In order for residential development projects under the Patrick Henry Drive Zoning Districts in the Patrick Henry Drive Plan Area to satisfy the affordable housing requirement through payment of an In Lieu Fee, the City Council shall establish a fee per square foot for the Specific Plan Area to reflect the reduced average AMI of 80 percent."
SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California." PASSED FOR THE PURPOSE OF PUBLICATION this 22nd day of March, 2022, by the following vote:

AYES: COUNCILORS:

NOES : COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments:

1. Patrick Henry Drive Zoning Map
Ordinance/Patrick Henry Drive Zoning District
Rev: 09/2019
Becker, Chahal, Hardy, Jain, Park, and Watanabe,
and Mayor Gillmor
None
None
None
ATTEST:

NORA PIMENTEL, I • MC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Page 14 of 14 ends

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-438 Agenda Date: 4/5/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the Governor’s Proclaimed COVID State of Emergency

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 which suspended the Brown Act teleconferencing requirements so that legislative bodies could hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long legislative bodies followed a set of requirements for noticing the meeting agenda and public participation, among other things. Subsequently on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which sunset the Brown Act provisions of Executive Order N-29-20 on September 30, 2021.

On September 16, Governor Newsom signed AB 361 into law which allows local agencies to use teleconferencing without complying with specific Brown Act restrictions in certain state emergencies until January 1, 2024, at which point they are to be repealed, and the standard Brown Act teleconference requirements become effective again. The bill was an urgency measure, and it went into effect immediately.

On October 19, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, and March 8, 2022, the City Council approved Resolutions Nos. 21-9013, 21-9023, 21-9038, 22- 9042, 22-9051, and 22-9058, respectively, to allow City Legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

DISCUSSION
AB 361 amended Government Code Section 54943 to allow a local agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency’s jurisdiction during a Governor-proclaimed state of emergency in certain circumstances.

In order for a local agency to utilize AB 361’s exemption to the Brown Act, there must be certain emergency conditions present. These include:
· There being a state-proclaimed state of emergency, and state or local officials have imposed City of Santa Clara Printed on 3/31/2022Page 1 of 4
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22-438 Agenda Date: 4/5/2022
or recommended measures to promote social distancing.
· The Council is meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, that meeting in person would present imminent risks to the health and safety of attendees; or
· The Council is meeting during a proclaimed state of emergency and has determined, by majority vote, that in-person meetings would pose health and safety risks to attendees.

In order for the City’s legislative bodies to continue meeting remotely with the exemptions to the Brown Act provided for under AB 361, the Council is required to take certain actions, most of which the City is already implementing:
· The City must continue providing notice of meetings and continue to post agendas as the Brown Act requires to the agency’s website,
· The City must continue allowing for public access to the meeting, while allowing for a public comment period to directly address the legislative body pursuant to Brown Act’s other teleconferencing provisions,
· The City must continue giving notice for how the public can access the meeting and provide public comment, including a call-in or internet-based service option (no physical location required),
· The City must continue providing the public with the opportunity to comment in real time (with the option of additionally allowing comments to be submitted in advance, if the agency desires),
· The City must stop the meeting until public access is restored in the event of a service disruption, and
· No later than 30 days after the first teleconferencing meeting and every 30 days thereafter, the Council will have to reconsider the circumstances of the state of emergency to determine if remote meeting procedures need to remain in place.

The legislative body must make certain findings by majority vote every 30 days to continue using the AB 361 Brown Act teleconferencing requirements. Because the City Council approved Resolution No. 9058 on March 8, 2022, the next Council meeting to extend the resolution is April 5, 2022. Failure to approve this extension would result in City Council, boards, and commissions meeting being unable to meet fully virtual without exposing the locations of each member’s location on the posted agendas.

Beginning on March 11, 2020 and continuing every 60 days thereafter, the City Council has continued its proclamation of local emergency based on substantial evidence that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID-19.

On September 21, 2021, the Santa Clara County Public Health Officer recommended that public bodies continue to meet remotely to the extent possible due to the continued threat of COVID-19 to the community, the unique characteristics of public governmental meetings, and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission. On November 2, 2021, emergency use of the Pfizer COVID vaccine was authorized for children ages 5-11. On that same day, Santa Clara county moved back into the substantial (orange) COVID-19 transmission tier. On November 22, 2021, Santa Clara county moved to the moderate (yellow) COVID-19 transmission tier. On November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines. On December 13, 2021, the City of Santa Clara Printed on 3/31/2022Page 2 of 4
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22-438 Agenda Date: 4/5/2022
California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide seven- day average case rate and 14% increase in hospitalizations since Thanksgiving. In light of the rapid surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higher- risk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings. As of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated. On February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Santa Clara County Public Health Officer continues to recommend that all persons continue to wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. As of March 26, 2022, the Omicron subvariant BA.2 is now the dominant variant in the US accounting for nearly 55% of new COVID-19 cases in the U.S. On March 29, 2022, the FDA authorized a second booster dose of the COVID-19 vaccines for people 50 years of age and older and some immunocompromised people. These associated emergency conditions are on-going and there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency. The state of emergency continues to directly impact the ability of the City’s legislative bodies to meet safely in person, and City officials continue to impose or recommend public health safety measures.

It is recommended that the Council adopt a resolution to make requisite findings to allow the City’s legislative bodies to continue to hold public meetings solely by teleconference or otherwise electronically so long as the state of emergency and social distancing measures continue. The Council will have to take action on a monthly basis to reassess and reaffirm such findings to continue meeting remotely.

The proposed Resolution is attached.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact other than administrative time and expense.

COORDINATION
This report has been coordinated with the City Manager’s Office, City Attorney’s Office, and City Clerk’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Printed on 3/31/2022Page 3 of 4
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22-438 Agenda Date: 4/5/2022
outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.

RECOMMENDATION
Adopt a Resolution finding the continued existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

Reviewed by: Nadine Nader, Assistant City Manager
Approved by: Office of the City Manager

ATTACHMENTS

1. Resolution
City of Santa Clara Printed on 3/31/2022Page 4 of 4
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Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 1 of 5 Rev: 11/22/17

RESOLUTION NO. _

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

FINDING THE CONTINUED EXISTENCE OF THE NEED TO
EXTEND AB 361 IMPLEMENTATION TO ALLOW CITY

LEGISLATIVE BODIES TO HOLD PUBLIC MEETINGS SOLELY

BY TELECONFERENCE OR OTHERWISE ELECTRONICALLY
PURSUANT TO AB 361

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara is committed to preserving and nurturing public access and participation in meetings of the City’s City Council, Council Committees, City Decision-Making Bodies (including Santa Clara Stadium Authority Board, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), City Boards, Committees and Commissions, Taskforces, and Other City Advisory Entities; WHEREAS, all meetings of City of Santa Clara’s legislative bodies are open and public, as required by the Ralph M. Brown Act (California Government Code Sections 54950, et seq., hereinafter referred to as the “Brown Act”), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; WHEREAS, the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction;
WHEREAS, on March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 ----
Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 2 of 5 Rev: 11/22/17

which suspended the Brown Act teleconferencing requirements so that legislative bodies can hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted 72 hours in advance indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which sunsets the Brown Act provisions of Executive Order N-29-20 on September 30, 2021; WHEREAS, on September 16, 2021, Governor Newsom signed urgency ordinance AB 361 which allows a local agency to use teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during a Governor-proclaimed state of emergency pursuant to California Government Code Section 8625 et seq, if the state of emergency continues to directly impact the ability of the members of its legislative bodies to meet safely in person or state or local officials continue to impose or recommend measures to promote social distancing; WHEREAS, in light of the continued state of emergency related to COVID-19, the Santa Clara County Public Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws, as outlined in their “Recommendation Regarding Continued Remote Public Meetings of Governmental Entities” issued on September 21, 2021;
WHEREAS, on October 19, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, and March 8, 2022, the City Council approved Resolutions Nos. 21-9013, 21- 9023, 21-9038, 22-9042, 22-9051, and 22-9058, respectively, to allow City Legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361; Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 3 of 5 Rev: 11/22/17

WHEREAS, on November 2, 2021, federal, state and local health officials authorized emergency use of the Pfizer COVID vaccine for children ages 5-11, and may consider emergency authorization of the COVID vaccine for children under age 5 within the next few months;
WHEREAS, on November 22, 2021, Santa Clara County moved into the moderate (orange) COVID-19 transmission tier;
WHEREAS, on November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines; WHEREAS, on December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide seven-day average case rate and 14% increase in hospitalizations since Thanksgiving;
WHEREAS, in light of the rapid surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higher-risk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings; WHEREAS, as of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated;
WHEREAS, on February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Santa Clara County Public Health Officer continues to recommend that all persons continue to Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 4 of 5 Rev: 11/22/17

wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. While Santa Clara County has met the required masking metrics (80% of the population vaccinated, COVID-19 hospitalizations in the jurisdiction are low and stable, seven consecutive days with the seven-day rolling average of new cases at 550 or below) to transition to a strong recommendation for indoor masking, the county remains in the “medium” level of the Centers for Disease Control and Prevention’s new COVID-19 community level framework;
WHEREAS, as of March 26, 2022, the Omicron subvariant BA.2 is now the dominant variant in the US accounting for nearly 55% of new COVID-19 cases in the U.S; WHEREAS, on March 29, 2022, the FDA authorized a second booster dose of the COVID-19 vaccines for people 50 years of age and older and some immunocompromised people; WHEREAS, Government Code Section 54953(e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing without complying with the agenda posting and public comment requirements at least once every thirty (30) days until Governor terminates the state of emergency; and,
WHEREAS, the associated emergency conditions are on-going and there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency and if approved, will be in effect for 30 days and will expire on May 5, 2022 unless staff returns to City Council on or before May 5, 2022 to request to continue the need for teleconferencing.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 22-9058 adopted on March 8, 2022 and Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 5 of 5 Rev: 11/22/17

incorporated herein by reference, are on-going.

2. That the City Council finds that there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.

3. That the City Council finds that the state of emergency continues to directly impact the ability of members of the City’s City Council, Council Committees, City Decision-Making Bodies (including Santa Clara Stadium Authority, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), City Boards, Committees and Commissions, Taskforces, and Other City Advisory Entities to meet safely in person.

4. That City officials continue to impose or recommend measures to promote social distancing in City facilities.

5. That members of the City Council, Council Committees, City Decision-Making Bodies, City Boards (including Santa Clara Stadium Authority Board, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), Committees and Commissions, Taskforces, and Other City Advisory Entities are authorized to use teleconferencing, or other electronic means, to hold its public meetings without noticing the teleconferenced locations on the agenda, without making teleconferenced or physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City’s jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 6 of 5 Rev: 11/22/17

procedure for individuals with disabilities to request reasonable accommodations, in compliance with AB 361, Government Code Section 54953(e).

6. That the Assistant City Clerk is hereby directed to report to the City Council within thirty

(30) days on the need to further continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.

7. Effective Date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE __ DAY OF _________ , 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-173 Agenda Date: 4/5/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Note and File an Informational Report on Stadium Authority Contracts for Fiscal Year 2021/22 per Santa Clara City Code Chapter 17.30 Stadium Authority Procurement Policy

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
Santa Clara City Code Chapter 17.30 Stadium Authority Procurement Policy formalizes the policies and procedures with respect to procurement for the Stadium Authority, with the intent to: (1) Establish efficient, equitable and effective procedures for the procurement activities of the Stadium Authority; (2) Ensure the integrity and equity in the procurement activities of the Stadium Authority and provide safeguards for the impartial application of the procurement policies; and, (3) Enable the Stadium Authority to operate and maintain equipment and facilities responsibly and to complete projects on time and on budget.

The Code applies to all purchases and contracts for supplies, goods, materials, and equipment by and on behalf of the Stadium Authority and establishes the Executive Director as the purchasing officer of the Stadium Authority.

Under Chapter 17.30.160(b), the Executive Director shall prepare, and submit to the Stadium Authority Board a report at the end of the fiscal year summarizing the total number of contracts let, the number of contracts approved under an exception, the number of contracts approved under best value procedures and the number of contracts approved under formal bidding procedures, and to the extent possible listing information related to application and outreach efforts conducted to implement the Disadvantaged Business Enterprise (DBE) program.

On October 8, 2019, the Stadium Authority Board (Board) adopted Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As result of Ordinance No. 2005, the Stadium Manager is also required to request for Board approval before entering into agreements on behalf of the Stadium Authority. As of the effective date of the Ordinance (November 8, 2019), all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.

DISCUSSION
The Stadium Authority entered into or amended 9 contracts and awarded 8 purchase orders during Fiscal Year (FY) 2021/22. All the contracts and purchase orders, except for the legal contracts, were approved by the Board or the Board delegated authority to staff to execute. The three legal contracts City of Santa Clara Printed on 3/28/2022Page 1 of 6
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22-173 Agenda Date: 4/5/2022
were awarded under the Stadium Authority Counsel’s authority to contract for legal services, which are exempt from competitive bidding per Code 17.30.110(d). There is no information to report related to application and outreach efforts conducted to implement the DBE program to include in the report.

Table 1 summarizes the Stadium Authority’s contract activity for FY 2021/22:

Stadium Manager Procurement Activity
Table 2 summarizes the Stadium Manager’s contract activity on behalf of the Stadium Authority for FY 2021/22. Staff compiled the information based on procurement requests for which the Stadium Manager sought Board approval. The contracts were all approved by the Board with delegated authority to the Executive Director to review and approve supporting documentation before reimbursement of costs, consistent with the Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code. At the time of writing this report, staff has received several copies of the fully executed agreements and purchase orders from the Stadium Manager and has requested the Stadium Manager to provide copies of the remaining Board approved agreements/purchase orders for the Stadium Authority’s records.

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Table 1: Stadium Autlhoritv Contract Activity for FY 2021122 Contract Authoritv Qty Contract ed Service
Santa Clara City Code 3 Contracts for legal services
Section 17.30.110(d) -
Exclusion of Contracts from
Procurement Policies and
Proced ures
Santa Clara Code Sectio n 6

17.30.120 Service Contracts
-Sig nature authonity
Santa Clara Code Secti:on 8

17.30.060 Purchase Orde rs

1. Audit services contract ,(IKPMG LLC)

2. Finanda l management system software license contract (Am,a nino)

3. Non-NIFL events audit contract amendment (J.S Held)

4. Labor compliance cons ulting contract amendment
(Contractor Compl iance and Monitoring)

5. Non-NIFL Events Marketing Plan assess ment servioes
contract (Stone Planniing LLC)

6. CapEx Mass Casualty Incident Trailer contract ,(Disaster Response Sollutions Inc.)

1. Stadium Builder License (SBL) Laserf iche integration and support services purchase order (ECS Imaging)

2. CapEx Persona l Protective Equipment Replacement
(Nomex Tops) purchase order (L.N. Curtis)

3. CapEx Persona l Protective Equipment Replaceme nt
(Nomex Bottoms) purchase orde r (L.N. Curtis)

4. CapEx Tru Defender FTX S 1 \IVMD Chemical Detector
purchase order (Fisher Scientific Company LLC),

5. CapEx RadHa lo Remote Radiation Monitors purchase
order (Fisher Scientific Company LLC)

6. CapEx Vehicle Upfits for Jlohn Deer Gator purchase order (Wiedmann Bros Distributing Co.)

7. CapEx Rigiaku CQL 1064nm Handlheld Raman Chemica l
Detector purchase order (Rigra!Qu)

8. Genera l & Adm inistrative - Staff equipment purchase order (inte;rior Motions)
Note, at the time of writing this report, staff is working on issuing a purchase order to DefJ for the Board approved Dispatch Monitors GapEx project.
22-173 Agenda Date: 4/5/2022
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Table 2 Stadium Manaqer Contract Activity on Behalf of Stadium Autlhority for FY 21021/22 Contract Authority Qty Contracted Service
Santa Clara Code 20 1. Concess ions contract amendme nt (Levy) Section 2. Non-NFL Events Marketing - Catered events marketing

17.30.120 Service email campa ign contract {Uniique Venues) Contracts - Signature 3. CapEx Levi's Signage repairs contrac t amendment (Bear authonity Eleotrical Solutions, Inc.)
4l. CapEx Non~Sllip Floor Matting conkact (R E. Cuddie Co.)

5. CapEx Tunn ell Slip and Fall Protection contract (R E. Cuddie Co.)

6. CapEx Comma nd Post Window Treatment contract (IMGC
OBA Mission Glass Company)

7. CapEx Lift Stat ion contract (Bartley Pump PM, LLC)

8. CapEx Rust Prevention Mitigation contract (R. Bmthers Pa·nting Inc.)

9. CapEx Mechanical and Electrical Closet Lig hting contract (Ample Electrical, Inc.)

10. CapEx Loading Dock li:ghbing contract (Bear Electriical So utions, line.)

11. CapEx/Shared Stadi um Managier Expense - Architectural and engineeringi professio nal services contract (Hull muth, 0bata , & Kassaba um, Inc.)

12. CapEx/Shared Stadium Manager Expense-Arc hitectural and engineeringi professional services contract (HKS
Architects, Inc.)

13. CapEx/Shared Stadium Managier Expense contraot
Architectural and engineering professional serv ices (M.

Arthur Gensler Jr. & Asso aiates,. Inc.)

14. CapEx/S hared stad ium Manag1er Expense - Architectural and eng·neeringi professio nal services contract (Populous, Inc.)

15. Shared Stadium Manager Expense - Electrical maintenance and repair se1rvices contract (Bear Eled rical Sdlutioris, line .. ) 116. Shared Stadium Manager Expense - Electrical maintenance and repair se1rvices conuract (Cupertino Electric , Inc.)

17. Shared Stadium Manager Expense - Mechanical and
plumbing ma·ntenance and repair services contract (ACCO Engineered Systems, Inc.)

18. Shared Stadium Manager Expense - Mechanical and
plumbing ma·ntenance and repair services oontrad
purchase order (O.C. McDonald Co., Inc.)
19 .. Shared Stadium Manager Expense eSourcing platform subscripbion services contract (Bonfire Interactive Ltd.)

20. Shared Stadium Manager Expense- Employee background screenina services contrac t (Plexus Global LLC)
22-173 Agenda Date: 4/5/2022
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Santa Clara Code
Se·otion 17.30.060
Purchase Orders
32 1. Non-NIFL Eve·nts Marketing - Event attendance pmchase order (A~I Things Meeting)

2. Non-NIFL Eve·nt Mark,etiing - Event diagram sofur.rare subscriipti:on seiv ices purchas,e orde-r (Cvent)

3. CapEx Security X-rny Scanners purchase orde r
(Astrop hys"cs)

4. CapEx Survemanoe - Command Ce:nte-r Equipment
purchase order (Dell Marketing )

5. CapEx Key Managemen t System p1U1rchase order (Time
Aocess Systems )

6. CapEx CCTV Pop Up Trailer puirdhase order (LRG
Techrrnlog'e,s, Inc" DBA Mobm,e Pro Systems}

7. CapEx Securi ty and Life Safoty Partifions/Diivide rs purchase order (Palac e Business Solrnfons)

8. CapEx Stadiurn and Specia l Event Spaces purchase order (Fastena l)

9. CapEx le,g1al 111otice· publicat ions for public wor k bids purchase order (Santa. Clara Weeldy)
1 0. C apEx le,g1al 111otice· publicat ions for public work bids purchase order OMercury News)
111. Shared Stadium Manage r Expense - CP R and first aid tra"ning purchas,e ord:er (Hands He•lpiing Heans)

1.2. Shared Stadium Manage r Expe nse - Guest Servioe.s lost and fo nd system purchase order (Pi:xit)

13. Shared Stadium Manage r Expense - Brand paint and
r,elated s1uppllies purchas,e order (Kelly-Moore)

14. Shared Stadium Manage r Expense - Paint purdhas,e order (Ke11lly-Mo ore)

15. Shared Stadium Manage r Expense - Brand paint and
r,elated suppllies purchas,e ord er (Shei-win Willlia111s Paints)

16. Shared Stadium Manage r Expense - !Recycle compactor gear box parts and repa irs purchase order (Arata)

17. Sha red Stadium Man ager Expense - .Arata com pa otor r,eplacement parts and repairs p1U1rchase order (Arata)

18. Sha1red Stadium Manage r Expense - Maint e·nance, repair, operating (MRO) , supp lies, and indu s1rial supplies purchase order (HD Supply Faciliti,es Maintenance, ILTD)

19. Shared Stadium Manage r Expense - Eleciriical, !lighting , data communication and securiily products purchase orde·r
(Graybar Electrical Comp,any, line.)
20 . Shared Stadium Manage r Expense - Documen t and media destruction s,ervices purdhas,e order - (Shred-it)
211. Shared Stadium Man ager Expe nse - Gu:est s,ervic.es uniforms purchase order (Cintas)

22. Shared Stadium Manage r Expense - Gu:est s,ervic.es uniforms purchas e order (Twin Hill)
23 . Shared Stadium Manage r Expense - Gene tech Omnicast tra"ning and Sy11ergie lechnicall Certfficat iion purchase order (i:YEP Solutions, line}

24. Shared Stadium Manage r Expense - ]Incident cards
ourchase order (Beniamin Litho line_)
22-173 Agenda Date: 4/5/2022
On March 2, 2021, the Board approved an agreement with DemandStar for e-procurement services for the Stadium Authority. The services within the agreement are provided at no cost to the Stadium Authority and the agreement has no expiration date. The Stadium Authority pursued this free e- procurement tool due to Stadium Authority’s low number of procurements. Since the agreement was executed, staff has used the e-procurement platform twice: to advertise a Request for Proposal for a mass casualty incident trailer CapEx project and separately to advertise a Request for Statement of Qualification for marketing plan assessment services. DemandStar has proven effective for the Stadium Authority’s needs and staff recommends its continued use.

FISCAL IMPACT
There is no cost to the Stadium Authority to prepare this report other than administrative staff time and expense.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Treasurer’s Offices.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .

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25. Shared Stadium Man ager Expense · - Guest Service s cardls and booklets purchase order (Benjamin Litho Inc.)

26. Shared Stadium Man ager Expense · - Guest Service s cardls and booklets purchase order (HIALO Branded Solutions)

27. Sha red Stadium Man ager Expense · - Gu est Service s uniforrms p'Llrchase order ~imageONE ll.Jniforms)

28. Shared Stadium Man ager Expense , - Guest Service s p1L1 lloveirjaclkets purchase order (imageONIE Uniforms )

29. Shared Stadium Man ager Expense , - Name tags purchase order (Spotllr,ght Impressions)

30. Shared Stadium Man ager Expense · - Portable sig1111ag,e P'Ll irchase order (lnpnintz.)

31. SBL Sa les and S.ervic.es - Primi11g and mailing seirviices pmchase order (Benjamin Litho Inc)

32. SBL Sa les and S.ervic.es - Delinque nt SBt Nlotices Printing1 and mailli11g services pu ch as,e ord1er (California IMailling Servic es., Inc.)
Note, in aridition to this oomract activity, on Mardi 22, 20'22, the Board approved the Stadium Managers request to ,exercise an option to extend the existing agreement vvfth Landmark Events Staffing Sentires , Inc. for an addi ion.al one two-yea r period . Based on fnis approval, the agreement w11 expire on Ma«JJ, 31, 2024. 22-173 Agenda Date: 4/5/2022

RECOMMENDATION
Note and file the Informational Report on Stadium Authority contracts for Fiscal Year 2021/22.

Prepared by: Christine Jung, Assistant to the Executive Director Approved by: Office of the Executive Director
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City of Santa Clara
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1500 Warburton Avenue
Santa Clara, CA 95050
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22-139 Agenda Date: 4/5/2022

REPORT TO COUNCIL

SUBJECT
Public Hearing: FY21/22 Annual Action Plan Substantial Amendment and FY22/23 DRAFT Annual Action Plan for the use of Federal Housing and Urban Development Grant Funds

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
As an entitlement agency, the City of Santa Clara receives annual funding from the United States Department of Housing and Urban Development (HUD) in the form of Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funds. CDBG funds are used to provide public services to Santa Clara’s low-income residents and funding for capital improvement projects. HOME funds are used for the development of affordable housing options.

HUD requires that every five years the City, as an entitlement agency, prepare a Five-Year Consolidated Plan (ConPlan) which identifies goals and needs within the community that could be addressed through the use of HUD funding, The City’s current ConPlan was prepared in 2020. HUD also requires that the City each year submit an Annual Action Plan. The Annual Action Plan details how CDBG and HOME allocations will be used by the City to address the goals and needs identified in the City’s ConPlan.

DISCUSSION
Staff is requesting that the City Council approve two documents: a Substantial Amendment to the City’s FY21-22 Annual Action Plan; and the City’s Draft FY22-23 Annual Action Plan.

FY21-22 Annual Action Plan Substantial Amendment
The proposed Substantial Amendment is necessary to adjust the City use of HUD funding in order to be consistent with HUD requirements that CDBG grantees carry out their program in a timely manner. “Timely performance” is measured by the rate of expenditure of its CDBG funds from the grantee’s Line of Credit. A CDBG Entitlement grantee, in accordance with the CDBG regulations at 24 CFR 570.902 must have a balance no greater than one and one-half (1.5) times its annual grant remaining in the line of credit, 60 days prior to the end of the program year. Staff is proposing to redirect a portion of the City’s CDBG funds from the City’s Neighborhood Conservation Improvement Program (NCIP) to qualified Public Facility Improvements.

When proposing significant changes to a previously approved Annual Action Plan, the City must complete a Substantial Amendment. The public must be given at least a 30-day Review Period to provide comment on the Substantial Amendment and its proposed changes. The Review Period began on March 2, 2022, and the Substantial Amendment is being presented at tonight’s Council City of Santa Clara Printed on 3/31/2022Page 1 of 4
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22-139 Agenda Date: 4/5/2022
Meeting.

Due to the pandemic, the City has seen a significant reduction in requests for services for the NCIP.

In the same period, the City has received more program income than anticipated. Due to these two factors, the City will not be able to meet the HUD timeliness performance test for 2021-2022. When a grantee does not meet its timely performance test, HUD requires that the grantee create a plan to meet its timeliness performance for the following year. The proposed changes in this Substantial Amendment will help to address the City’s timeliness issues by reprogramming funds committed to the City’s Homeowner Rehabilitation Program (i.e., Neighborhood Conservation Improvement Program; NCIP) to Public Facility Improvements which can include improvements to non-profit agency buildings and public works projects. Staff also adjusted estimates for Program Income, Prior Year Resources, Expected Resources, and Goal Outcome Indicators affected by these adjustments.

See Attachment 4 for highlights of significant changes noted in the Substantial Amendment.

If this change is approved, staff will publish a Notice of Funding Availability (NOFA) for projects that provide capital improvements to facilities that serve the low-moderate income residents of Santa Clara.

Attachment 1, the 2021-2022 Annual Action Plan Substantial Amendment, provides additional details on these proposed changes.

FY22-23 Annual Action Plan (DRAFT)
The 2022-2023 Annual Action Plan is a one-year Plan that details how the HUD funds will be spent on projects and activities to address goals and needs identified in the ConPlan. Because HUD has yet to announce annual allocations for fiscal year 2022-2023 , the annual allocation amount used in this plan is based upon last year’s funding amount with a slight increase consistent with prior years.

In addition to the anticipated annual allocation, the Annual Action Plan also identifies use for funds that carryover from the prior year and funds that come to the City as Program Income as loans made by the City in the past are paid back. The Carryover amount is based upon estimations of current activities that may not fully draw down funds that have been committed in the FY21-22 Annual Action Plan. The Program Income amount is based upon estimates of which NCIP loans may be paid off during the FY22-23. All numbers are subject to change prior to the presentation of the final 2022- 2023 Annual Action Plan.

HUD requires that the public be provided two opportunities to offer input on the development of the Annual Action Plan; once during the development of the draft Annual Action Plan, and once prior to submission of the final version to HUD. This is the first of the two required public hearings. Public comment will be included in the final version of the Annual Action Plan which is scheduled to be presented to the City Council on May 10, 2022. The final version of the Annual Action Plan will be submitted to HUD on or before May 16, 2022. See Attachment 5 for summary of the City’s Expected Resources for the FY22-23 Annual Action Plan.

Attachment 3, the 2022-2023 DRAFT Annual Action Plan Funding Breakdown, details which programs and activities will be funded with HUD funds and which will be funded with local funds to benefit Santa Clara’s low-income population. The Public Service Agencies identified in the proposed distribution are in the third year of a three-year contract with the City to provide services. The City will initiate a new Notice of Funding Availability for public services in 2023 for a two-year time frame corresponding to the remainder of the five year term of the ConPlan.

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22-139 Agenda Date: 4/5/2022
The proposed allocations in this Annual Action Plan will also help to address the City’s timeliness issues discussed above by redirecting use of CDBG funds on an ongoing basis

FISCAL IMPACT
The City’s Substantial Amendment of the FY21-22 Action Plan will propose to reduce the amount of program income projected to be received ($450,000 to $105,000), shift funding from the City’s NCIP program ($972,769 to $0) to a new Public Facilities Improvement Activity ($0 to $642,000), and other minor funding adjustments to current activities. If approved by Council, the Substantial Amendment will be submitted to HUD for approval and budget adjustments will be made on a Monthly Financial Report after HUD approval.

The City estimates its entitlement allocations for FY22-23 to be $1,100,000 in CDBG funds and $450,000 in HOME funds; a slight increase from prior year funding amounts of $1,074,699 and $443,011 respectively. The estimated FY22-23 program income that will be programmed in FY22-23 is $200,000 for CDBG and $10,000 for HOME. Once the City receives formal notification from HUD of the entitlement allocations for both grants, they will be incorporated into FY22-23 Proposed Budget. No additional budget actions are required for either the 2021-2022 Annual Action Plan Substantial Amendment or the 2022-2023 Draft Action Plan at this time.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

Preparation of the 2021-2022 Annual Action Plan Substantial Amendment and the 2022-2023 Annual Action Plan follow a procedure determined by HUD and includes one public hearing for the Substantial Amendment and two public hearings for the Annual Action Plan. These hearings are held to provide the public to help identify community needs and objectives, and to review priorities for the City’s HUD funding allocations. The first public hearing is being held on the April 5, 2022 Council Meeting, and the second on the May 10, 2022 City Council meeting. Comments made at the both public hearings will be noted in the final Annual Action Plan.

The Annual Action Plan and the Substantial Amendment are made available for public review and comment for a 30-day period. Noticing of the 30-day public comment period was published on March 2, 2022 in The Santa Clara Weekly. The Annual Action Plan was also made available on the City’s website, and at public locations including the City Clerk’s Office, and the Housing and City of Santa Clara Printed on 3/31/2022Page 3 of 4
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22-139 Agenda Date: 4/5/2022
Community Services Division. Notification of the availability of the Annual Action Plan was also emailed to interested parties which include local nonprofit agencies.

ALTERNATIVES

1. Approve the 2021-2022 Annual Action Plan Substantial Amendment

2. Approve the 2022-2023 DRAFT Annual Action Plan

3. Any other Council direction.

RECOMMENDATION

1. Approve the 2021-2022 Annual Action Plan Substantial Amendment and direct staff to incorporate all public comment into the final version to be submitted to HUD on or before May 10, 2022; and

2. Approve the 2022-2023 DRAFT Annual Action Plan, and direct staff to incorporate all public comment into the final version to be presented to council on May 10, 2022.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Office of the City Manager

ATTACHMENTS

1. 2021-2022 Annual Action Plan Substantial Amendment

2. 2022-2023 DRAFT Annual Action Plan

3. 2022-2023 DRAFT Annual Action Plan Funding Breakdown

4. Attachment 4 Charts FY21-22 AAP Substantial Amendment

5. Attachment 5 Chart FY22-23 DRAFT AAP Resources
City of Santa Clara Printed on 3/31/2022Page 4 of 4
powered by Legistar™
2021-2022
Annual Action Plan
Substantial
Amendment

Prepared by:

City of Santa Clara
Housing and Community Services Division,
Community Development Department
1500 Warburton Ave,
Santa Clara, CA 95050
(408) 615-2490
Housing & Community Services Division
1500 Warburton Avenue,
Santa Clara, CA 95050
(408) 615‐2490

2021‐2022 Annual Action Plan – Substantial Amendment 2 Contents
AP‐05 Executive Summary – 91.200 (c), 91.220(b) ..................................................................................... 3 AP‐15 Expected Resources – 91.220 (c) (1,2) ............................................................................................. 5 AP‐20 Annual Goals and Objectives – 91.220(c)(3)& (e) ............................................................................ 6 AP‐35 Projects – 91.220(d) ......................................................................................................................... 8 AP‐38 Project Summary .............................................................................................................................. 9 AP‐55 Affordable Housing – 91.220 (g) .................................................................................................... 16

2021‐2022 Annual Action Plan – Substantial Amendment 3 AP‐05 Executive Summary – 91.200 (c), 91.220(b)

1. Introduction
NOTE: Only the sections of the 2021/2022 Annual Action Plan that have been amended are outlined in this Substantial Amendment. Unless otherwise noted, all other sections of the 2021/2022 Annual Action Plan have not changed.

The City of Santa Clara (City) is an entitlement city that receives federal funding from the Department of Housing and Urban and Development (HUD). The City receives Community Development Block Grant (CDBG) funds and HOME and Investment Partnerships (HOME) funds. The City is required to develop a 5‐Year Consolidated Plan (ConPlan) that identifies the goals and needs of the community. During the ConPlan cycle, the City must develop Annual Action Plans (AAPs) which detail projects and activities to be funded in during the program year in support of the identified goals and needs.

When proposing significant changes to a previously approved plan, the City must complete a Substantial Amendment. The public is given at least a 30‐day Review Period to provide comment on the Substantial Amendment and its proposed changes, and the Substantial Amendment is presented at a public at a public hearing (i.e., City Council meeting).

Changes to the 2021‐2022 Annual Action Plan include, but are not limited to:
– Reprogramming of CDBG funds previously programmed for the City’s Neighborhood Conservation Improvement Program (NCIP) to projects and activities that address the ConPlan Goal of improving Public Facilities.
– Adjustment to the estimated CDBG Program Income amount. – Adjustments to the estimated CDBG and HOME Prior Year Resources amounts. – Adjustments to the Expected Resources totals for HOME and CDBG funding. – Adjustments to the Goal Outcome Indicators affected by the adjustments to the amounts referenced above.

2021‐2022 Annual Action Plan – Substantial Amendment 4

4. Summary of Citizen Participation Process and consultation process The Substantial Amendment is required to have a 30‐day Review Period, and the plan must be presented at a public hearing for approval.

30‐Day Review Period. The 30‐day Review Period was noticed in the Santa Clara Weekly on March 2,
2022, and the Substantial Amendment was also sent to community non‐profit partners. The Review Period began on March 2, 2022 was completed on April 5, 2022. The Substantial Amendment was made available to the public on the City’s website, and at various locations throughout the City including City Hall, the Central Library, and at the offices of the Housing & Community Services Division.

Public Hearing. A public hearing is scheduled for April 5, 2022 at the regularly scheduled City Council Meeting.

The 30‐Day Review Period, the public noticing and the public hearing satisfies the requirements noted in the City’s Citizen Participation Plan, and the requirements set by HUD.

5. Summary of public comments
30‐Day Public Comment Period
TBD

Public Hearing:

TBD

6. Summary of comments or views not accepted and the reasons for not accepting them The City did not receive any public comments that were not accepted. The City attempted to incorporate all feedback received through outreach efforts into the Plan.

7. Summary
HUD requires that CDBG grantees carry out their program in a timely manner. “Timely performance” is measured by the rate of expenditure of its CDBG funds from the grantee’s Line of Credit. A CDBG Entitlement grantee, in accordance with the CDBG regulations at 24 CFR 570.902 must have a balance no greater than one and one‐half (1.5) times its annual grant remaining in the line of credit, 60 days prior to the end of the program year which is on or around May 1st.

Due to pandemic, the City has seen a significant reduction in requests for services for the Neighborhood Conservation Improvement Program. In the same time period, the City has receipted more program income than anticipated. Due to these two factors, the City will not be able to meet its timeliness performance requirement for 2021‐2022. When a grantee does not meet its timely performance test, HUD requires that the City create a plan to meet its timeliness performance for the following year. These proposed changes in this Substantial Amendment will help to address the City’s timeliness issues.
2021‐2022 Annual Action Plan – Substantial Amendment 5 AP‐15 Expected Resources – 91.220 (c) (1,2)

1. Introduction
The amendments to this Expected Resources section (i.e., Program Income and Prior Year Resources) shown in table AP‐ 15 below are based on known amounts. When Annual Action Plans are drafted, Program Income and Prior Year Resources are estimates. Due to the proposed amendments related to the NCIP program and Public Facilities Improvements which initiated the need for this Substantial Amendment, the City has taken the opportunity to amend estimated amounts of Expected Resources to known amounts.

CDBG Funds: The total amount of CDBG resources expected to be available for FY21/22 is $1,717,699$1,261,020. This total is made up of the annual CDBG entitlement from HUD, Prior Year Resources (i.e., funds that are being re‐programmed and/or funds that were programmed but not spent), and Program Income (i.e., income generated from prior CDBG projects such as loan repayments).

‐ Annual Entitlement Funds $1,074,699
‐ Estimated Prior Year Balance $ 193,000$81,321
‐ Estimated FY21/22 Program Income $ 450,000$105,000

AP‐15 Table –Expected Resources Priority Table
Program Source
of Funds Uses of Funds
Expected Amount Available Year 2 Expected
Amount
Available
Remainder
of ConPlan
Narrative
Description
Annual
Allocation
Program
Income
Prior Year
Resource Total:
$ $ $ $ $
CDBG Public‐
Federal
Acquisition

Housing Rehab.

Public
Improvements

Public Services

Admin./Planning
$1,074,699 $450,000
$105,000
$193,000
$81,321
$1,717,699
$1,261,020
$4,200,000 CDBG funds may be
used for: 1) land
acquisition for
affordable housing;
2) NCIP program; 3)
public infrastructure
/ public facility
improvements ; 4)
public services; 5)
administration and
planning.
2021‐2022 Annual Action Plan – Substantial Amendment 6 AP‐20 Annual Goals and Objectives – 91.220(c)(3)& (e)

AP‐20a –Annual Goals and Objectives Summary
Strategic Plan
Goal
Category Start
Year
End
Year
Geographic
Area
Included
Priority Needs
Addressed
Funding
Allocated
Goal Outcome
Indicator
1 Affordable
Housing
Affordable
Housing 2021 2022 Citywide Affordable
Housing
CDBG
$1,179,931
$150,251

HOME
$1,529,699

HOME
$66,452
Homeowner housing rehabilitated
and project delivery
45 14 households

TBRA
45 households

Rental units rehabilitated
(CHDO Housing)
1 Household
2 Homelessness Homeless 2021 2022 Citywide
Availability/
Accessibility:

Homelessness

GENERAL
$22,197

CAHF
$225,697

CHSF
$250,000
Homeless Prevention
63 Homeless Prevention
65 3 Public
Services
Non‐
Homeless
Special
Needs
2021 2022 Citywide
Availability/
Accessibility:

Public
Services
CDBG
$232,829

GENERAL
$72,803
Public Service
Activities Other than Low/Mod.

Income Housing Benefit
1,289 (CDBG)

Public Service
Activities for Low/Moderate‐
Income Housing Benefit
595 (General)
4 Fair Housing
Non‐
Homeless
Special
Needs
2021 2022 Citywide
Availability/
Accessibility:

Fair Housing
HOME:
$22,197
Public Service Activities Other than
Low/Mod. Income Housing Benefit
30 5
Public
Facilities
Improvement
Public
Facility or
Infrastuct.

Activities
other than
Low/Mod
Income
Housing
Benefit
2021 2022 Citywide Public
Facilities
CDBG
$642,000
Public Facility or Infrastructure
Activities other than Low/Mod
Income Housing Benefit
150 households
6 Planning &
Admin.

Planning &
Admin. 2021 2022 Citywide
Administration
&
Planning
CDBG
$304,939
$235,940

HOME
$37,104
N/A

----
2021‐2022 Annual Action Plan – Substantial Amendment 7 Estimate the number of extremely low‐income, low‐income, and moderate‐income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b).

45 14 households for Homeowner housing rehabilitation (CDBG), 30 9 Extremely low-income households
15 5 Low-income households

45 households for TBRA (HOME),
35 Extremely low-income households
10 Low-income households

1 household for rental units rehabilitated (CHDO set-aside). 1 Low-income household

Goal Descriptions
AP‐20a –Goal Description
1 Goal Name Affordable Housing
Goal Description Assist in the creation and preservation of affordable housing for low income and special needs households through continuation of the Neighborhood Conservation and Improvement Program, rental habilitation of units occupied by low income tenants, TBRA rental subsidies, and new construction.
2 Goal Name Homelessness
Goal Description Support activities, consistent with Continuum of Care strategies, to prevent and end homelessness. This includes building affordable housing for people who are homeless or at risk of homelessness as well as the provision of support services. 3 Goal Name Public Services
Goal Description Support activities that provide basic needs to lower income households and special needs populations. Services would be provided to low‐income households, elderly individuals, homeless persons, people with disabilities, and victims of domestic violence. 4 Goal Name Fair Housing
Goal Description Promote fair housing choice, through the following activities: fair housing education, fair housing testing, housing assistance hotline, and landlord‐tenant mediation. 5 Goal Name Public Facilities
Goal Description Capital Improvements to city infrastructure and other public facilities (e.g., city facilities, non‐profit facilities) that benefit low‐income residents/households and/or low‐income areas. Improve accessibility for persons with physical disabilities by identifying and repairing intersections for accessibility, mostly through curb cuts. Also providing upgrades and improvements to non‐profit facilities that serve low‐income households. 6 Goal Name Planning & Administration
Goal Description Provide management, planning and implementation of the CDBG & HOME programs as well as monitoring of public services and housing projects.

2021‐2022 Annual Action Plan – Substantial Amendment 8 AP‐35 Projects – 91.220(d)

Introduction
The activities that the City will undertake in FY 2021‐2022 using CDBG and HOME funds include: tenant based rental assistance, homeowner housing rehabilitation, program administration, and public services for low and moderate‐income residents. The activities meet one or more priority needs as identified in the 5‐year Consolidated Act ion Plan.

AP‐35 – Project Information Summary
# Project Name
National
Objective
To Benefit
Code
# of
Households
or Persons
Funding
1 Bill Wilson Center – Family Therapy/ School
Outreach/Grief Counseling
LMC 5D 140 $35,000

2 Bill Wilson Center – Family Advocacy Services LMC 5D 107 $35,000

3 The Health Trust – Meals on Wheels LMC 5A 20 $27,825

4 Santa Clara Senior Nutrition Program LMC 5A 300 $24,000

5 Silicon Valley Independent Living Center – Housing
Programs for Person w/Disabilities
LMC 5B 55 $18,000

6 Project Sentinel – Fair Housing Services n/a n/a 49 $22,197

7 Live Oak Adult Day Services – Senior Day Services LMC 5A 11 $15,000

8 Catholic Charities – Long‐Term Care Ombudsman LMC 5A 380 $10,000

9 Heart of The Valley – Senior Transportation Serv. LMC 5A 220 $15,000

10 Senior Adult Legal Assistance (SALA) LMC 5C 45 $16,500

11 HOPE Services – Employment, Media & Community
Connections
LMC 5B 11 $36,504

12 Neighborhood Conservation & Improv. Program (NCIP) – Loans & Grants
LMH 14A 35 $972,769
$0

13 Neighborhood Conservation and Improvement Program
(NCIP) – ADC
LMH 14H n/a $157,162
$75,251

14 Rebuilding Silicon Valley Together – Minor Repair LMH 14A 10 $50,000 $75,000

15 TBRA – Abode Services n/a n/a n/a $808,875

16 TBRA – Bill Wilson Center n/a n/a n/a $654,372

17 CDBG Administration n/a 21A n/a $304,939
$235,940

18 HOME Administration n/a n/a n/a $37,104

19 Community Housing Development (CHDO) Set Aside n/a n/a n/a $66,452

20 Public Facility Improvements LMC 5A $642,000 I --- 2021‐2022 Annual Action Plan – Substantial Amendment 9 AP‐38 Project Summary

AP‐38 – Project Summary
1 Project Title Family Therapy/School Outreach/Grief Counseling (Bill Wilson Center) Description Three counseling programs: Family Therapy, School Outreach and Grief Counseling. The purpose of the program is to reduce high‐risk behavior choices, family conflict; and an increase coping skills.

Funding CDBG: $35,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
140 individuals (providing approximately 140 counseling sessions & 530 school outreach sessions)
Location Description Citywide
Planned Activities Family counseling services
Goal Outcome Indicator Public service activities other than low/mod income housing benefit

2 Project Title Family Advocacy Services (Bill Wilson Center) Description A school‐based, homeless and homeless prevention family and youth intervention service aimed at helping families remain intact and decrease or prevent homelessness and poverty.

Location Description Citywide
Planned Activities Family counseling services
Goal Outcome Indicator Public service activities other than low/mod income housing benefit

3 Project Title Meals on Wheels (The Health Trust)
Description Meals on Wheels provides low‐income adults and homebound and elderly adults valuable health and social services, enabling them to live independently.

Funding CDBG: $27,825
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
20 individuals (providing 2,073 meals and 1,179 Wellness Checks.

Location Description Citywide
Planned Activities Meal delivery and welfare checks.

Goal Outcome Indicator Public service activities other than low/mod income housing benefit

2021‐2022 Annual Action Plan – Substantial Amendment 10

AP‐38 – Project Summary (cont’d)
4 Project Title Senior Nutrition Program (CSC Senior Center) Description The senior nutrition program provides meal service to senior citizens.

Funding CDBG: $24,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
300 individuals (approximately 15,000 meals in total)
Location Description Senior Center, 1303 Fremont St., Santa Clara Planned Activities Meal service.

Goal Outcome Indicator Public service activities other than low/mod income housing benefit

5 Project Title Housing Programs for Persons with Disabilities (SVILC) Description Silicon Valley Independent Living Center provides wrap‐around housing education and referral services, information and resources, peer support, and emergency preparedness training to residents who have a disability or chronic condition to help transition from homelessness, nursing homes, and health care facilities into permanent affordable, accessible, and integrated housing.

Funding CDBG: $18,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
55 individuals
Location Description Citywide
Planned Activities Housing education and information, peer support, and referral services.

Goal Outcome Indicator Public service activities other than low/mod income housing benefit

6 Project Title Fair Housing Services (Project Sentinel) Description Providing case management services, risk assessment, safety planning, legal advocacy, assistance filing restraining orders, housing assessment, individual action plan development, support groups, and other services.

Funding HOME: $22,197
Annual Goals Supported Fair Housing Services
Priority Needs Addressed Fair Housing Services
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
49 individuals (low/mod income).

Location Description 1490 El Camino Real, Santa Clara CA Planned Activities Housing assessments, legal advocacy, and other services.

Goal Outcome Indicator Public service activities other than low/mod income housing benefit

2021‐2022 Annual Action Plan – Substantial Amendment 11 AP‐38 – Project Summary (cont’d)
7 Project Title Live Oak Adult Day Services
Description Provide specialized program of adult day care for frail, dependent seniors geared to maximize the social experience and mental stimulation of clients and improve/sustain their mental and physical functioning.

Funding CDBG: $15,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/22/2022
Estimate the number and type
of families that will benefit
from the proposed activities
11 individuals (seniors)
Location Description 1147 Minnesota Ave, San Jose and 20920 McClellan Road, Cupertino Planned Activities Senior Services – Meals and recreational activities for seniors.

Goal Outcome Indicator Public service activities other than low/mod income housing benefit

8 Project Title Long‐Term Care Ombudsman (Catholic Charities) Description Receive, identify, investigate and impartially resolve complaints made by, or on behalf of, residents of local long‐term care facilities. The city has 15 licensed facilities where more than 550 residents reside.

Funding CDBG: $10,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
380 households (seniors)
Location Description Citywide
Planned Activities Investigations of complaints of long‐term care facilities.

Goal Outcome Indicator Public service activities other than low/mod income housing benefit

9 Project Title Senior Transportation Services (Heart of the Valley) Description Provides escorted transportation, handyman services, visitation, shopping and errands, computer support, respite, and other assistance.

Funding CDBG: $15,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
220 individuals (seniors)
Location Description Citywide
Planned Activities Senior services – Transpiration and various minor services.

Goal Outcome Indicator Public service activities other than low/mod income housing benefit

2021‐2022 Annual Action Plan – Substantial Amendment 12 AP‐38 – Project Summary (cont’d)
10 Project Title Senior Adult Legal Services (SALA)
Description Provide a full range of accessible and affordable (free) legal services to seniors (age 62+). Included is advising, counseling, facilitating public benefits, health care, addressing and/or preventing elder abuse.

Funding CDBG: $16,500
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
45 (seniors)
Location Description Citywide
Planned Activities Senior Services – Legal services.

Goal Outcome Indicator Public service activities other than low/mod income housing benefit

11 Project Title Employment, Media & Community Connections (HOPE Services) Description Provide employment training, classroom instruction, a media and technology component, and paid work to adults with developmental disabilities to promote independence and self‐esteem.

Funding CDBG: $36,504
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
11 (developmentally disabled adults)
Location Description Citywide
Planned Activities Employment training and classroom instruction Goal Outcome Indicator Public service activities other than low/mod income housing benefit

12 Project Title Neighborhood Conservation and Imp. Prog. (NCIP) – Loans & Grants Description NCIP provides rehabilitation to owner‐occupied single‐family homes whose incomes are at or below 80% of the AMI. This amount includes estimated program income that is anticipated throughout the PY.

Funding CDBG: $972,769$0
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
35 0 low‐income households
Location Description Citywide
Planned Activities Homeowner housing rehabilitation
Goal Outcome Indicator Public facility or infrastructure activities for low/mod income housing benefit.

2021‐2022 Annual Action Plan – Substantial Amendment 13 AP‐38 – Project Summary (cont’d)
13 Project Title NCIP – Project Delivery Costs
Description Project Delivery Costs consists of City staff costs to deliver the NCIP. Any funds not used, will become unprogrammed at the end of the fiscal.

Funding CDBG: $157,162$75,251
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Citywide
Planned Activities Project deliver costs (i.e., administration of NCIP program).

Goal Outcome Indicator n/a

14 Project Title Minor Home Repair Program (Rebuilding Together Silicon Valley) Description Provide minor home repairs for low‐income homeowners occupying their homes so as to maintain basic health and safety standards, and so they can remain in their homes independently.

Funding CDBG: $50,000$75,000
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
10 14 low‐income households
Location Description Citywide
Planned Activities Minor repairs to owner‐occupied homes.

Goal Outcome Indicator Homeowner Housing Rehabilitated

15 Project Title TBRA Administration – Abode Services
Description The Tenant‐Based Rental Assistance (TBRA) program will provide rental assistance for approximately 40 homeless households or those at risk of homelessness.

Funding HOME$808,875
CAHF: $80,349
CHSF: $70,000
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
23 (formally homeless households)
Location Description Citywide
Planned Activities Rental subsidies and case management services. Case management paid for by local funds.

Goal Outcome Indicator Tenant‐based rental assistance/Rapid Rehousing

2021‐2022 Annual Action Plan – Substantial Amendment 14 AP‐38 – Project Summary (cont’d)
16 Project Title TBRA Administration – Bill Wilson Center Description The Tenant‐Based Rental Assistance (TBRA) program will provide rental assistance for approximately 40 homeless households or those at risk of homelessness.

Funding HOME: $654,372
CAHF: $80,348
CHSF: $70,000
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
22 (formally homeless households)
Location Description Citywide
Planned Activities Rental subsidies and case management services. Case management paid for by local funds.

Goal Outcome Indicator Tenant‐based rental assistance/Rapid Rehousing

17 Project Title CDBG Administration & Planning
Description Administration and planning for all CDBG funded projects and activities.

Funding CDBG: $304,939
Annual Goals Supported Administration & Planning
Priority Needs Addressed Administration & Planning
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Citywide
Planned Activities Administration and planning for all CDBG funded projects and activities.

Goal Outcome Indicator Other

18 Project Title HOME Administration & Planning
Description Administration and planning for all HOME funded projects and activities.

Funding HOME: $37,104
Annual Goals Supported Administration & Planning
Priority Needs Addressed Administration & Planning
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Citywide
Planned Activities Administration and planning for all HOME funded projects and activities.

Goal Outcome Indicator Other

2021‐2022 Annual Action Plan – Substantial Amendment 15 AP‐38 – Project Summary (cont’d)
19 Project Title Community Housing Development Organization (CHDO) Set Aside Description Rental housing rehabilitation by non‐profit developers.

Funding HOME: $66,452
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
1 unit for low‐income household
Location Description Citywide
Planned Activities Rental housing rehabilitation by non‐profit developers.

Goal Outcome Indicator Affordable Housing.
20 Project Title Public Facility Improvements
Description Capital improvements to non‐profit facilities and/or city infrastructure improvements that benefit low‐mod income residents.

Funding CDBG: $642,000
Annual Goals Supported Public Facility Improvements
Priority Needs Addressed Public Facility Improvements
Target Date for Completion 6/30/2022
Estimate the number and type
of families that will benefit
from the proposed activities
150 unit for low‐income household
Location Description Citywide
Planned Activities Capital improvements to non‐profit facilities and/or city infrastructure improvements that benefit low‐mod income residents
Goal Outcome Indicator Public Facility Improvements

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Allocation of funds is based on needs and priorities identified in the 2020‐25 ConPlan. The City prioritizes allocations to projects that serve the lowest income households, from 0‐80% of Area Median Income.

Note: The following activities/agencies will be funded with General Fund dollars if approved through the budget process:

$67,803 – Project Sentinel: Tenant/Landlord Dispute Resolution $22,197 – Next Door Solutions: Services for Domestic Violence Survivors

2021‐2022 Annual Action Plan – Substantial Amendment 16 AP‐55 Affordable Housing – 91.220 (g)

Introduction
For the purpose of this section, the term “affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership.

The City of Santa Clara has identified the production and maintenance of affordable housing as the primary objective for the
expenditure of federal funds in the Consolidated Plan. While CDBG and HOME funds are limited, the City will continue to allocate funding to affordable housing projects, including owner‐occupied rehabilitation. The City has non‐federal funding sources that it will use toward the development of affordable housing during Fiscal Year 2021‐2022.

AP‐55A – One Year Goals for the Number of Households to be Supported (by Population Type) Homeless – Housing assistance for units reserved for homeless individuals and households. 45 Non‐Homeless – Housing assistance for all units NOT reserved for homeless individuals and households.
46 15
Special‐Needs – Housing assistance for units reserved for households that are not homeless but require specialized housing or supportive services.
0 Total 91
60 AP‐55B – One Year Goals for the Number of Households Supported Through (by Program Type) Rental Assistance – Housing assistance for programs such as tenant‐based rental assistance (TBRA) and one‐time payments to prevent homelessness.
45 The Production of New Units – New units, including the conversion of non‐residential properties.
0 Rehab of Existing Units – Rehabilitation of existing units, including reconstruction. If unit will be acquired and rehabilitated, report the unit only once.
46 15
Acquisition of Existing Units – Housing assistance for programs such as down payment assistance. If the unit will be acquired and rehabilitated, report the unit only once. 0 Total 91
60 Discussion
The City’s goal, as it relates to Affordable Housing, is to assist in the creation and preservation of affordable housing for low income and special needs households through continuation of the Neighborhood Conservation and Improvement Program, rental habilitation of units occupied by low income tenants, TBRA rental subsidies, and new construction.

45 14 households for Homeowner housing rehabilitation (CDBG), 30 9 Extremely low-income households
15 5 Low-income households

45 households for TBRA (HOME),
35 Extremely low-income households
10 Low-income households

1 household for rental units rehabilitated (CHDO set-aside). 1 Low-income household
2022-2023
Annual Action Plan
DRAFT

Prepared by:

City of Santa Clara
Housing and Community Services Division,
Community Development Department
1500 Warburton Ave,
Santa Clara, CA 95050
(408) 615-2490

Submission Date to HUD: by May 16, 2022
Housing & Community Services Division
1500 Warburton Avenue,
Santa Clara, CA 95050
(408) 615‐2490

2022‐2023 Annual Action Plan 1
Contents
AP‐05 Executive Summary – 91.200 (c), 91.220(b) ..................................................................................... 2 PR‐05 Lead & Responsible Agencies – 91.200 (b) ....................................................................................... 4 AP‐10 Consultation – 91.100, 91.200(b) 91.215 (I) .................................................................................... 1 AP‐12 Participation – 91.105, 91.200 (c) .................................................................................................... 5 AP‐15 Expected Resources – 91.220 (c) (1,2) ............................................................................................. 6 AP‐20 Annual Goals and Objectives – 91.220(c)(3)& (e) .......................................................................... 10 AP‐35 Projects – 91.220(d) ....................................................................................................................... 12 AP‐38 Project Summary ............................................................................................................................ 13 AP‐50 Geographic Distribution – 91.220 (f) .............................................................................................. 18 AP‐55 Affordable Housing – 91.220 (g) .................................................................................................... 19 AP‐60 Public Housing – 91.220 (h) ............................................................................................................ 20 AP‐65 Homeless and Other Special Needs Activities – 91.220 (i) ............................................................ 21 AP‐75 Barriers to Affordable Housing – 91.220 (j) ................................................................................... 23 AP‐85 Other Actions – 91.220 (k) ............................................................................................................. 25 AP‐90 Program Specific Requirements – 91.220 (l) (1,2,4) ...................................................................... 27

2022‐2023 Annual Action Plan 2
AP‐05 Executive Summary – 91.200 (c), 91.220(b)

1. Introduction
The City of Santa Clara (City) is an entitlement city that receives federal funding from the Department of Housing and Urban and Development (HUD). The City receives Community Development Block Grant (CDBG) funds and HOME and Investment Partnerships (HOME) funds.

CDBG provides funding to address community development needs through public services and capital improvement projects. Capital Improvement Projects are improvements to public facilities that serve low‐ and moderate‐income persons, and city infrastructure projects in areas of low‐ and moderate‐ income census tracts and/or blocks. Seventy percent (70%) of gross funding is used to serve low‐ to moderate‐ income households. Eligible activities must meet one of the following national objectives:
1) Benefit low‐ and moderate‐ income persons; 2) Prevention or elimination of slums or blight; or 3) Address community development needs having an urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other funding is not available.

HOME provides funding for the development of affordable housing options including building, and/or rehabilitating housing for rent and providing direct rental assistance to low‐income households.

The City worked collaboratively with the County of Santa Clara and other entitlement jurisdictions to develop the 5‐year ConPlan in 2019. The ConPlan identifies and prioritizes housing and housing‐ related needs across the region and for the City of Santa Clara. The purpose of the ConPlan is to guide the City to:
‐ Assess their affordable housing and community development needs and market conditions, ‐ Make data‐driven, place‐based investment decisions; and ‐ Conduct community‐wide discussions to identify housing and community development priorities that align and focus on eligible activities for HUD’s funding The 5‐Year ConPlan is supported by the Annual Action Plan (AAP). The AAP documents annually how the City will use HUD funding consistent with the goals and needs identified in the ConPlan.

2. Summarize the objectives and outcomes of the Plan
The AAP supports the goals and needs identified in the ConPlan as stated below:
‐ Affordable Housing. Projects and programs for low income such as affordable developments and rental subsidies, and rehabilitation of single and multi‐family housing. ‐ Public Services. Nonprofit partners provide services of need to lower income households. ‐ Homelessness. Support activities to end homelessness including homeless prevention programs, case management, outreach activities and support of facilities. ‐ Fair Housing. Promote Fair Housing choice through funding informational and investigative services for tenants and landlords.
2022‐2023 Annual Action Plan 3
‐ Public Facilities. Improvement to public facilities that provide services to low‐income people.

3. Evaluation of past performance
In 2020, the last full Consolidated Annual Performance Evaluation Report (CAPER) to HUD reported the following accomplishments towards the annual goals:
‐ Affordable Housing.

The Tenant Based Rental Assistance program assisted 52 households, and between the NCIP program and Rebuilding Together Silicon Valley, there were 13 households assisted. ‐ Public Services.

There were 1,150 residents that benefited from public services provided by eleven non‐profit agencies. The City also developed an Emergency Rental Assistance Program to respond to COVID crisis by assisting low‐income tenants with rental assistance. 203 households were assisted.
‐ Homelessness.
151 households benefited from case management services provided by local non‐profit agencies. The majority of these households were assisted with local funds. ‐ Fair Housing.

Project Sentinel assisted 31 households with fair housing services. ‐ Public Facilities.

The curb cutting project that is underway was not completed as of reporting time for 2020.

4. Summary of Citizen Participation Process and consultation process During the development of the 2022–2023 Annual Action Plan, City staff solicited public comment to help identify community needs, and non‐profit agencies that could provide services to address those identified needs.

Community Outreach Meetings. Due to the ongoing pandemic and the restriction on public events, City staff could not conduct in person meetings. Further, the City is entering the third year of a 3‐year contract cycle with its non‐profit partners that provide public services.

Public Hearings. Two public hearings will take place for the Annual Action Plan. The first Public Hearing took place on April 5, 2022 at the regularly scheduled City Council Meeting. This Public Hearing satisfies the Citizen Participation Plan requirement to hold at least one meeting during the drafting phase of the Annual Action Plan and to provide the public an opportunity to provide input. The second Public Hearing will take place on May 10, 2022 to present the final version of the Annual Action Plan prior to submission of the Plan to HUD.
2022‐2023 Annual Action Plan 4
30‐day Public Review Period.

Public Noticing. A public notice was published in the Santa Clara Weekly on March 2, 2022. This notice contained noticing for 30‐day Public Review Periods for the 2021/2022 Annual Action Plan Substantial Amendment Public Review Period, 2022/2023 Annual Action Plan, and Public Hearing notices for the presentation of the 2021/2022 Annual Action Plan Substantial Amendment, the 2022/2023 Annual Action Plan hearing #1 and #2. All documents were also available for review on the City’s website, main public library, City Hall offices, and were emailed to non‐profit partners. The noticing adhered to the City’s Citizen Participation Plan requirements.

5. Summary of public comments
Public Hearing #1:

TBA:
30‐Day Public Comment Period
TBA:

Public Hearing #2:

TBA:

7. Summary
CDBG‐funded public services continue to be a great asset to the community, with many of the programs funded focusing on the senior population and homeless. The leveraging opportunities for our nonprofits by receiving HUD funding is of great value. The City will continue to seek out creative solutions to improve their grants management program.

PR‐05 Lead & Responsible Agencies – 91.200 (b)
The City of Santa Clara is the lead agency and administrator for the CDBG & HOME funds. The Consolidated Plan and Annual Action Plan Public Contact is:

Andrew Crabtree Eric L. Calleja
Director of Community Development Housing Development Officer [email protected] [email protected]
408.615.2451 408.615.2296
2022‐2023 Annual Action Plan 1
AP‐10 Consultation – 91.100, 91.200(b) 91.215 (I)
Introduction
As a part of the stakeholder consultation process, the City typically consults with a variety of stakeholders, including City departments, human service agencies, local and regional community‐based organizations, housing providers and advocates, and the local housing authority. Social service providers are also consulted including those that provide services to seniors, persons with disabilities, homeless persons, and other lower‐ income individuals and other at‐risk populations.

Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)).

Due to the COVID‐19 crisis and the fact that the City is entering its final year of 3‐year contract cycle with its service providers, activities towards this effort were limited. The City did design and implement an Emergency Rental Assistance Program (ERAP) to respond to the rent relief efforts. ERAP was funded with CARES Act funds and CDBG , and those funds were leveraged with local funds.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Santa Clara County Continuum of Care (CoC) is a multi‐sector group of stakeholders dedicated to ending and preventing homelessness in the County of Santa Clara (County). The CoC primary responsibilities are to coordinate large‐scale implementation of efforts to prevent and end homelessness in the County. The CoC is governed by the Santa Clara CoC Board (CoC Board), which stands as the driving force committed to supporting and promoting a systems‐change approach to preventing and ending homelessness in the County.

The CoC Board is comprised of the same individuals who serve on the Destination: Home Leadership Board. Destination: Home, a program of the Health Trust, is a public‐private partnership implementing collective impact strategies to end homelessness in Santa Clara County. Its mission is to drive and align resources to create permanent housing and sustainable support systems built for the long term. The organization is improving how systems work together to end homelessness, as well as protect individuals and families at risk of becoming homeless.

The results of the latest Point in Time Homeless Count showed an increase in homeless families; thus, it was determined that a redesign of the Tenant Based Rental Assistance (TBRA) program was needed. The City and the TBRA administrator, Abode Services, worked closely with the CoC to help redesign the TBRA program to focus on families with the goal of no homeless children in Santa Clara. Processes in client evaluation and referral were strengthened. Other supportive housing projects such as Homesafe Santa Clara, Sobrato Family Living Center, Bill Wilson Center and Silicon Valley Independent Living Center continue to thrive. In addition, the City has provided assistance to a number of local agencies that operate programs serving the homeless that are consistent with the, "Serve the Person" strategy, such as Next Door Solutions to Domestic Violence, Support Network for Battered Women, HomeFirst (formerly Emergency Housing Consortium), LifeMoves (formerly Innvision) and Project Sentinel.

2022‐2023 Annual Action Plan 2
The City of Santa Clara, having endorsed the 2020‐2025 Santa Clara County Community Plan to End Homelessness, is convening a Homelessness Taskforce in spring 2022. The Taskforce will include stakeholders with a range of perspectives and experience who can help identify priorities and provide recommendations on the development of a City Plan to End Homelessness. The City has partnered with the non‐profit, Homebase, to facilitate the taskforce and to develop the plan. 2022‐2023 Annual Action Plan 3
Describe agencies, groups, organizations, and others who participated in the process and describe the jurisdiction’s consultation with housing, social service agencies and other entities. 1 Agency/Group/Organization Bill Wilson Center
Agency/Group/Organization Type Housing
Services‐Children
Services‐homeless
What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Needs ‐ Unaccompanied youth
Non‐Homeless Special Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Staff is consulted on improvements to the
City TBRA program.
2 Agency/Group/Organization County of Santa Clara Office of Supportive Housing
Agency/Group/Organization Type Publicly Funded Institution/System of Care Other government ‐ County
What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs ‐ Families with children
Market Analysis
Lead‐based Paint Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Staff met with the County COC on several
occasions to discuss the City response to
homelessness.
3 Agency/Group/Organization Abode Services
Agency/Group/Organization Type Services ‐ Housing
What section of the Plan was addressed by Consultation? Homeless Needs ‐ Families with children Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Staff is consulted on improvements to the
City TBRA program.
4 Agency/Group/Organization Senior Adult Legal Services (SALA) Agency/Group/Organization Type Services‐Elderly Persons What section of the Plan was addressed by Consultation? Non‐Homeless Special Needs Briefly describe how the Agency/Group/ Organization was consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Submitted public comment at both public
hearings; highlighting the need for the
services they provide.
5 Agency/Group/Organization Next Door Solutions to Domestic Violence Agency/Group/Organization Type Services ‐ Housing
What section of the Plan was addressed by Consultation? Homelessness Needs – Families w/children Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the
consultation or areas for improved coordination?
Submitted public comment at public
hearings; highlighting the need for the
services they provide.

2022‐2023 Annual Action Plan 4
Identify any Agency Types not consulted and provide rationale for not consulting:

The City did not reach out to broadband‐specific providers/organizations. This was due, in part to the results of the 2020‐2025 Consolidated Plan survey. 62% of respondents felt there was not a common/pressing issue with broadband or internet access. Also, local internet providers all provide low‐ cost options and/or discounts to low‐income households.

Although the City works with organizations whose primary responsibilities include the management of flood prone areas, public land or water resources, and emergency management agencies on normal public business, these organizations were not specifically
consulted for Annual Action Plan. Issues related to such agencies were not mentioned as an issue in the ConPlan survey.

The City plans on reaching out specifically to these agency types in the next Annual Action Plan process.

Describe other local/regional/state/federal planning efforts considered when preparing the Plan

Name of Plan Lead
Organization
How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care
Continuum
of Care
Council
The Continuum of Care works to alleviate the impact of homelessness in the community through the cooperation and collaboration of social service providers. This effort aligns with the Strategic Plan goal to end homelessness including rental assistance, homeless prevention programs, case management, outreach activities and support of facilities.

Housing Element City of Santa
Clara
The actions in the Housing Element are consistent with the Strategic Plan, most notably in the provision of adequate sites appropriate for a range of housing types and in promoting preservation and development of affordable housing including supportive housing for persons with disabilities.
2015‐2017
Council Goals and
Strategic
Objectives
City of Santa
Clara City
Council
The Council goal to develop a plan to support minimum quality of life standards for residents and the development of an affordable housing plan with focus on the homeless and housing vulnerable is consistent with the Strategic Plan in the actions that describe development of affordable housing and revitalization of low income areas of the City. 2012‐2014
Comprehensive
HIV Prevention &
Care Plan
Santa Clara
County HIV
Planning
Council for
Prevention
and Care
This plan provides a roadmap for the Santa Clara County HIV Planning Council for Prevention and Care to provide a comprehensive and compassionate system of HIV prevention and care services for Santa Clara County. This effort aligns with the Strategic Plan goal to provide basic needs to lower income households and special needs populations.

Community Plan
to End
Homelessness in
Santa Clara
Destination
Home
The Community Plan to End Homelessness in the County is a five‐year plan to guide governmental, nonprofits, and other community members as they make decisions about funding, programs, priorities and needs. This effort aligns with the Strategic Plan goal to support activities to end homelessness: rental assistance, homeless prevention programs, case management, outreach activities & support of facilities.

2022‐2023 Annual Action Plan 5
AP‐12 Participation – 91.105, 91.200 (c)

1. Summarize citizen participation process and how it impacted goal setting The City outreach efforts to obtain community input included two public hearings before City Council (one during the drafting phase of the AAP), noticing the AAP and hearings, and putting the draft AAP on the City website. The table below summarizes the results of the City efforts.

Citizen Participation Outreach
Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
Comments received
Summary of
comments
not
accepted
and reasons
URL
(If
applicable)
1 Public
Hearing
Non‐
targeted/broad
community
Public Hearing #1:

City Council Meeting
‐ April 5, 2022 during
the drafting phase of
the Plan. Summary
of Public Comment
during the meeting
to be added.

See AP‐05, section 5
(Public Comment
Summary).
n/a n/a
2 Public
Hearing
Non‐
targeted/broad
community
Public Hearing #2:

City Council Meeting
– May 10, 2022 to
present the final
version of the Plan.

Summary of Public
Comment during the
meeting to be
added.

See AP‐05, section 5
(Public Comment
Summary).
n/a n/a
3 Newspaper
Ad
Non‐
targeted/broad
community
TBA
Comments during
the 30‐day
comment period to
be added.

The 30‐day
comment period
was noticed on
3/2/2022 in the
Santa Clara Weekly.

The comment
period ran from
4/5/2022 –
5/10/2022.
n/a n/a

2022‐2023 Annual Action Plan 6
AP‐15 Expected Resources – 91.220 (c) (1,2)

The following funding amounts for the City of Santa Clara are estimated amounts for the 2022 Program Year (aka., Fiscal Year 2022‐2023)

CDBG Funds: The total amount of CDBG resources expected is $1,100,000. This total is made up of the annual CDBG entitlement, Prior Year Resources (i.e., funds that were committed but not drawn or funds that were not programmed), and Program Income (i.e., income generated from prior CDBG projects such as loan repayments).

‐ Annual Entitlement Funds $1,100,000
‐ Estimated Prior Year Balance $ 50,000
‐ Estimated FY22/23 Program Income $ 200,000
TOTAL $1,350,000

HOME Funds: The total amount of HOME resources expected is $838,000. This is made up of the annual HOME entitlement, Prior Year Resources (i.e., funds that were committed but not drawn or funds that were not programmed), and Program Income (i.e., income generated from prior HOME projects).

‐ Entitlement Funds $450,000
‐ Estimated Prior Year Balance $378,000
‐ Estimated FY21/22 Program Income $ 10,000*
TOTAL $838,000

* HOME Program Income (2022). The City estimates it will receive $100,000 in PI during the upcoming FY22/23. Ten percent (10%), or $10,000, will be programmed in this 2022‐2023 Annual Action Plan to be used for administrative costs as allowed by HOME regulations. The other 90% ($90,000) will be programmed next year in the 2023‐2024 Annual Action Plan. Any program income above these estimates will be allocated in the same manner; 10% for administration in FY22/23, and the remaining 90% to be allocated in FY23/24. 2022‐2023 Annual Action Plan 7
AP‐15 Table –Expected Resources Priority Table
Program Source
of Funds Uses of Funds
Expected Amount Available Year 3 Expected
Amount
Available
Remainder
of ConPlan
Narrative
Description
Annual
Allocation
Program
Income
Prior Year
Resource Total:
$ $ $ $ $
CDBG Public‐
Federal
Acquisition

Housing Rehab.

Public
Improvements

Public Services

Admin./Planning
$1,100,000 $200,000 $50,000 $1,350,000 $2,800,000 CDBG funds may be used for: 1) land
acquisition for
affordable housing;
2) NCIP program; 3)
public infrastructure
/ public facility
improvements 4)
public services; 5)
administration and
planning.

HOME Public‐
Federal
CHDO and
regular HOME
rental projects,
such as property
acquisition, new
const., and/or
rehabilitation.

Homeowner
Rehabilitation

TBRA

Admin. and
Planning for
HOME programs
and activities.
$450,000 $10,000 $378,000 $838,000 $1,130,000 HOME funds may be used for: 1) TBRA; 2)
NCIP; 3) Rental
development; 4) Fair
Housing Services;
and/or
5) Admin. &
Planning.

Approximately
$113,000 of the
“Prior Year
Resources” is
program income (PI)
received in FY21/22
Approx. $100,000 in
PI is expected to be
receipted in
FY22/23. 10% (i.e.,
$10,000) will be
programmed in this
action plan for
administrative
activities (PA) and
drawn in FY22/23.

The remaining
$90,000
will be
programmed in
FY23/24.

If FY22/23 PI exceeds
$100,000, City will
continue using 10%
for admin. and the
remaining will be
programmed in
FY23/24.
2022‐2023 Annual Action Plan 8
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied

Federal funds will leverage local funds (i.e., General Funds, City Affordable Housing Funds, and City Housing Successor Funds) to increase project efficiencies and benefit from economies of scale. The HOME match requirement will be met through the waiving of property taxes on past HOME‐funded multi‐family affordable developments. The local funds that will be used to fund certain activities are as follows:

Program Uses of
Funds
Expected Amount Available Year 3 Expected
Amount
Available
Remainder
of ConPlan
Narrative Description Annual
Allocation
Program
Income
Prior Year
Resource Total:
$ $ $ $ $
General
Fund
Public
Services
$15,000

$10,000

$15,000

$16,500

$67,803

$5,000
0 0 $129,303 $260,000 Live Oak Adult Day Services

Catholic Charities Ombudsman

Heart of the Valley Senior Serv.

Senior Adult Legal Assistance

Project Sentinel Tenant/
Landlord Mediation

United Way 211 referral services
City
Affordable
Housing
Fund
(CAHF)
Public
Services
$243,697 0 0 $243,697 $490,000 $160,697 for case management services for TBRA.

$65,000 to fund case
management services for
chronically homeless
households.

$18,000 Silicon Valley
Independent Living Center
City
Housing
Successor
Fund
(CHSF)
Public
Services
$250,000 0 0 $250,000 $500,000 $110,000 to fund case management services for
chronically homeless
households.

$140,000 for case management
services for TBRA.

Other Federal Grant Programs
Additional federal programs that fund community development and affordable housing, and are provided by Santa Clara County Housing Authority and affordable housing developers include:

‐ Section 8 Housing Choice Voucher Program,
‐ Section 202,
‐ Section 811; and
‐ Affordable Housing Program (AHP) through the Federal Home Loan Bank.

2022‐2023 Annual Action Plan 9
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan

The City owns three properties that have potential for development of low income and special needs housing: 1) Bay Area Research and Extension Center (BAREC) senior housing site at 90 North Winchester Boulevard; 2) 2330 Monroe Street, and 3) Fire Station #6 at 3575 De La Cruz Boulevard.

BAREC: On January 29, 2019, City Council approved all land use entitlements for the project and adopted a resolution approving and authorizing the City Manager to negotiate and execute a Disposition and Development Agreement with Core Affordable Housing LLC for the development of the Agrihood Project located at 90 North Winchester Boulevard/ 1834 Worthington Circle and further authorizing the City Manager to execute all other agreements (including a Ground Lease, Loan Agreements, Deeds of Trust, Promissory Notes, and Affordable Housing Agreement).

2330 Monroe Street: On January 28, 2020, City Council approved all land use entitlements for the project and adopted a resolution approving and authorizing the City Manager to negotiate and execute a Disposition and Development Agreement with Freebird Development LLC and further authorizing the City Manager to execute
all other agreements (including a Ground Lease, Loan Agreements, Deeds of Trust, Promissory Notes, and Affordable Housing Agreement). The proposed development will have 65 mixed‐ income units with 11 set‐aside for households with developmental disabilities. The project will be 100% affordable units.

3575 De La Cruz: The City Council has approved negotiations to enter into an Exclusive Negotiation Rights Agreement (ENA) with Habitat for Humanity East Bay/Silicon Valley. The proposed development will be 13 100% affordable, for‐sale townhomes. In December 2020, the City Manager executed a 12‐month extension of the ENA to account for project delays due to the COVID pandemic.

2022‐2023 Annual Action Plan 10
AP‐20 Annual Goals and Objectives – 91.220(c)(3)& (e)

HOME
$715,500

HOME
$66,452
Homeowner housing rehabilitated
and project delivery
15 households

TBRA
40 households

Rental units rehabilitated
(CHDO Housing)
1 Household
Homelessness Homeless 2021 2022 Citywide
Availability/
Accessibility:

Homelessness
CDBG
$30,000

CAHF
$225,697

CHSF
$250,000
Homeless Prevention
70 Homeless Prevention
65 3 Public
Services
Non‐
Homeless
Special
Needs
2021 2022 Citywide
Availability/
Accessibility:

Public
Services
CDBG
$180,750

GENERAL
$72,803
Public Service
Activities Other than Low/Mod.

Income Housing Benefit
600 (CDBG)

Public Service
Activities for Low/Moderate‐
Income Housing Benefit
595 (General)
4 Fair Housing
Non‐
Homeless
Special
Needs
2021 2022 Citywide
Availability/
Accessibility:

Fair Housing
HOME:
$22,197
Public Service Activities Other than
Low/Mod. Income Housing Benefit
30 5 Planning &
Admin.

Planning &
Admin. 2021 2022 Citywide
Administration
&
Planning
CDBG
$260,000

HOME

$32,803
N/A

2022‐2023 Annual Action Plan 11
Estimate the number of extremely low‐income, low‐income, and moderate‐income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b).

15 households for Homeowner housing rehabilitation (CDBG), 9 Extremely low-income households
4 Low-income households

40 households for TBRA (HOME),
30 Extremely low-income households
10 Low-income households

1 household for rental units rehabilitated (CHDO set-aside). 1 Low-income household

Goal Descriptions
AP‐20a –Goal Description
1 Goal Name Affordable Housing
Goal Description Assist in the creation and preservation of affordable housing for low income and special needs households through continuation of the Neighborhood Conservation and Improvement Program, rental habilitation of units occupied by low income tenants, TBRA rental subsidies, and new construction.
2 Goal Name Homelessness
Goal Description Support activities, consistent with Continuum of Care strategies, to prevent and end homelessness. This includes building affordable housing for people who are homeless or at risk of homelessness as well as the provision of support services. 3 Goal Name Public Services
Goal Description Support activities that provide basic needs to lower income households and special needs populations. Services would be provided to low‐income households, elderly individuals, homeless persons, people with disabilities, and victims of domestic violence. 4 Goal Name Fair Housing
Goal Description Promote fair housing choice, through the following activities: fair housing education, fair housing testing, housing assistance hotline, and landlord‐tenant mediation. 5 Goal Name Public Facilities
Goal Description Capital Improvements to city infrastructure and other public facilities (e.g., city facilities, non‐profit facilities) that benefit low‐income residents/households and/or low‐income areas.
6 Goal Name Planning & Administration
Goal Description Provide management, planning and implementation of the CDBG & HOME programs as well as monitoring of public services and housing projects. 2022‐2023 Annual Action Plan 12
AP‐35 Projects – 91.220(d)

Introduction
The activities that the City will undertake in FY 2021‐2022 using CDBG and HOME funds include: Public Services, Homeowner Rehabilitation, Tenant Based Rental Assistance, Program Administration & Planning, and Public Facility/Infrastructure Improvements for low and moderate‐income residents. The activities meet one or more priority needs identified in the 5‐year Consolidated Action Plan.

In addition to the projects and activities funded with HUD funds as noted in table “AP‐35 – Project Information Summary”, the City also funds other Public Service Activities with local funds that include:

Live Oak Adult Day Services for Seniors ($15,000; 11 clients) Catholic Charities Long‐Term Care Ombudsman ($10,000; 380 clients) Heart of the Valley Senior Services ($15,000; 220 clients) Senior Adult Legal Assistance ($16,500; 45 clients)
Homeless Prevention Services for Homeless Households ($50,000; 20 households) Intensive Case Management ($125,000; 20 households)
Silicon Valley Independent Living Center ($18,000; 55 clients) United Way Bay Area 211 Services ($5,000; 100 households) Project Sentinel Landlord/Tenant Mediation Services ($67,803; 120 clients)

AP‐35 – Project Information Summary
# Project Name
National
Objective
To Benefit
Code
# of
Households
or Persons

SOURCE Funding
1 Bill Wilson Center – Fam. Therapy/School Outreach/Grief Couns. LMC 5D 140 CDBG $32,250

2 Bill Wilson Center – Family Advocacy Services LMC 5D 107 CDBG $32,250

3 The Health Trust – Meals on Wheels LMC 5A 20 CDBG $30,000

4 Santa Clara Senior Nutrition Program LMC 5A 300 CDBG $24,000

5 HOPE Services – Employment, Media & Community Connections LMC 5B 11 CDBG $32,250

6 Next Door Solutions – Support Services for Domestic Violence LMC 5W 70 CDBG $30,000

7 Rebuilding Silicon Valley Together – Minor Repair LMH 14A 15 CDBG $150,000

8 Neighborhood Conservation & Improvement Prog. (NCIP) – ADC LMH 14H n/a CDBG $95,750

9 Public Facilities/Infrastructure Improvements LMH 14A 150 CDBG $663,500

10 TBRA – Abode Services n/a n/a n/a HOME $375,000

11 TBRA – Bill Wilson Center n/a n/a n/a HOME $340,500

12 Project Sentinel – Fair Housing Services n/a n/a 49 HOME $22,197

13 CDBG Administration n/a 21A n/a CDBG $260,000

14 HOME Administration n/a n/a n/a HOME $32,803

15 Community Housing Development (CHDO) Set Aside n/a n/a n/a HOME $67,500 2022‐2023 Annual Action Plan 13
AP‐38 Project Summary

Funding CDBG: $32,500
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
130 individuals (providing approximately 130 counseling sessions & 500 school outreach sessions)
Location Description Citywide
Planned Activities Family counseling services
Goal Outcome Indicator Public service activities other than low/mod income housing benefit

Funding CDBG: $32,250
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
100 individuals (providing 40 case management services for parents, 60 students, and 15 kids under 5 years old).

Location Description Citywide
Planned Activities Family counseling services
Goal Outcome Indicator Public service activities other than low/mod income housing benefit

Location Description Citywide
Planned Activities Meal delivery and welfare checks.

Goal Outcome Indicator Public service activities other than low/mod income housing benefit

2022‐2023 Annual Action Plan 14

AP‐38 – Project Summary (cont’d)
4 Project Title Senior Nutrition Program (CSC Senior Center) Description The senior nutrition program provides meal service to senior citizens.

Funding CDBG: $24,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
300 individuals (approximately 15,000 meals in total)
Location Description Senior Center, 1303 Fremont St., Santa Clara Planned Activities Meal service
Goal Outcome Indicator Public service activities other than low/mod income housing benefit

5 Project Title Hope Services Employment, Media & Community Connections Description Provide employment training, classroom instruction, a media and technology component, and paid work to adults with developmental disabilities to promote independence and self‐esteem.

Funding CDBG: $32,250
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
10 (developmentally disabled adults)
Location Description Citywide
Planned Activities Employment training and classroom instruction Goal Outcome Indicator Public service activities other than low/mod income housing benefit

6 Project Title Next Door Solutions to Domestic Violence Description Providing case management services, risk assessment, safety planning, legal advocacy, assistance filing restraining orders, housing assessment, and other services for domestic violence survivors.

Funding CDBG: $30,000
Annual Goals Supported Public Services
Priority Needs Addressed Public Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
70 (clients)
Location Description Confidential
Planned Activities Case management and referral services Goal Outcome Indicator Public service activities other than low/mod income housing benefit

2022‐2023 Annual Action Plan 15
AP‐38 – Project Summary (cont’d)
7 Project Title Minor Home Repair Program (Rebuilding Together Silicon Valley) Description Provide minor home repairs for low‐income homeowners occupying their homes so as to maintain basic health and safety standards, and so they can remain in their homes independently.

Funding CDBG: $150,000
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
15 low‐income households
Location Description Citywide
Planned Activities Minor repairs to owner‐occupied homes.

Goal Outcome Indicator Homeowner Housing Rehabilitated

8 Project Title NCIP – Project Delivery Costs
Description Project Delivery Costs consists of City staff costs to deliver the NCIP. Any funds not used, will become unprogrammed at the end of the fiscal.

Funding CDBG: $95,750
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Citywide
Planned Activities Project deliver costs (i.e., administration of NCIP program).

Goal Outcome Indicator n/a

9 Project Title Public Facilities/Infrastructure Improvements Description Capital improvement projects for public facilities and/or pubic infrastructure such as affordable housing developments, public works projects, improvements to non‐profit agency buildings.

Funding CDBG: $663,500
Annual Goals Supported Public Facility Improvements
Priority Needs Addressed Public Facility Improvements
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
150 low‐income households
Location Description Citywide
Planned Activities Capital improvement projects
Goal Outcome Indicator Public facility or infrastructure activities for low/mod income housing benefit

2022‐2023 Annual Action Plan 16
AP‐38 – Project Summary (cont’d)
10 Project Title TBRA Administration – Abode Services
Description The Tenant‐Based Rental Assistance (TBRA) will provide rental assistance for approx. 20 homeless households or those at risk of homelessness.

Funding HOME: $375,875
CAHF: $80,349
CHSF: $70,000
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
20 (formally homeless households)
Location Description Citywide
Planned Activities Rental subsidies and case management services. Case management paid for by local funds.

Goal Outcome Indicator Tenant‐based rental assistance/Rapid Rehousing

11 Project Title TBRA Administration – Bill Wilson Center Description The Tenant‐Based Rental Assistance (TBRA) will provide rental assistance for approx. 20 homeless households or those at risk of homelessness.

Funding HOME: $340,500
CAHF: $80,348
CHSF: $70,000
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
20 (formally homeless households)
Location Description Citywide
Planned Activities Rental subsidies and case management services. Case management paid for by local funds.

Goal Outcome Indicator Tenant‐based rental assistance/Rapid Rehousing

12 Project Title Fair Housing Services (Project Sentinel) Description Providing case management services, risk assessment, safety planning, legal advocacy, assistance filing restraining orders, housing assessment, individual action plan development, support groups, and other services.

Funding HOME: $22,197
Annual Goals Supported Fair Housing Services
Priority Needs Addressed Fair Housing Services
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
49 individuals (low/mod income).

Location Description 1490 El Camino Real, Santa Clara CA Planned Activities Housing assessments, legal advocacy, and other services.

Goal Outcome Indicator Public service activities other than low/mod income housing benefit 2022‐2023 Annual Action Plan 17
AP‐38 – Project Summary (cont’d)
13 Project Title CDBG Administration & Planning
Description Administration and planning for all CDBG funded projects and activities.

Funding CDBG: $260,000
Annual Goals Supported Administration & Planning
Priority Needs Addressed Administration & Planning
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Citywide
Planned Activities Administration and planning for all CDBG funded projects and activities.

Goal Outcome Indicator Other

14 Project Title HOME Administration & Planning
Description Administration and planning for all HOME funded projects and activities.

Funding HOME: $32,803
Annual Goals Supported Administration & Planning
Priority Needs Addressed Administration & Planning
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
n/a
Location Description Citywide
Planned Activities Administration and planning for all HOME funded projects and activities.

Goal Outcome Indicator Other

15 Project Title Community Housing Development Organization (CHDO) Set Aside Description Rental housing rehabilitation by non‐profit developers.

Funding HOME: $67,500
Annual Goals Supported Affordable Housing
Priority Needs Addressed Affordable Housing
Target Date for Completion 6/30/2023
Estimate the number and type
of families that will benefit
from the proposed activities
1 unit for low‐income household
Location Description Citywide
Planned Activities Rental housing rehabilitation by non‐profit developers.

Goal Outcome Indicator Rental units rehabilitated.

Description of the geographic areas of the entitlement (including areas of low‐income and minority concentration) where assistance will be directed.

Investments will be allocated citywide.

AP‐50 –Geographic Distribution
Target Area Percentage of funds
Citywide 100%

Rationale for the priorities for allocating investments geographically The City does not have plans to prioritize investments geographically. HOME CHDO set‐aside funds may be spent in a contiguous jurisdiction if a CHDO development cannot be identified within the City limits.

2022‐2023 Annual Action Plan 19
AP‐55 Affordable Housing – 91.220 (g)

Introduction
For the purpose of this section, the term “affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership.

AP‐55B – One Year Goals for the Number of Households Supported Through (by Program Type) Rental Assistance – Housing assistance for programs such as tenant‐based rental assistance (TBRA) and one‐time payments to prevent homelessness.
40 The Production of New Units – New units, including the conversion of non‐residential properties.
0 Rehab of Existing Units – Rehabilitation of existing units, including reconstruction. If unit will be acquired and rehabilitated, report the unit only once.
16 Acquisition of Existing Units – Housing assistance for programs such as down payment assistance. If the unit will be acquired and rehabilitated, report the unit only once. 0 Total 56

Discussion
The City’s goal, as it relates to Affordable Housing, is to assist in the creation and preservation of affordable housing for low income and special needs households through continuation of the Neighborhood Conservation and Improvement Program, rental habilitation of units occupied by low income tenants, TBRA rental subsidies, and new
construction.

15 households for Homeowner housing rehabilitation (CDBG), 10 Extremely low-income households
5 Low-income households

40 households for TBRA (HOME),
30 Extremely low-income households
10 Low-income households

1 household for rental units rehabilitated (CHDO set-aside). 1 Low-income household

2022‐2023 Annual Action Plan 20
AP‐60 Public Housing – 91.220 (h)

Introduction

The Santa Clara County Housing Authority (SCCHA) is the regional entity that manages and maintains housing units and administers Housing Choice Voucher programs across the County. SCCHA operates four public housing units located in City of Santa Clara. The housing authority is a HUD‐designated Moving to Work (MTW)
agency which allows it greater flexibility to design and implement more innovative approaches to providing housing assistance.

Over 10,000 housing vouchers are currently active county‐wide. The types of voucher in use include project‐ based, tenant‐based, veteran focused, and vouchers for persons with a disability. The majority of voucher holders
have a tenant‐based voucher which is a type of voucher that allows the holder to use the voucher at any housing unit where the landlord will accept the voucher. Data on the number of vouchers in use within the City is unavailable.

Actions planned during the next year to address the needs to public housing

The SCCHA has converted three of their original public housing projects to affordable housing stock, only one public housing project with four units remains in the City. The City will continue to work closely with the SCCHA to address any needs identified during the program year.

The most immediate need is finding housing units and owners that will accept vouchers. Stakeholder interviews also identified the need for assisting families moving into affordable units with basic necessities.

SCCHA re‐proposed a landlord initiative activity begun in 2017 to attract new Housing Choice Voucher (HCV) owners and encourage existing HCV owners to re‐lease existing HCV units to another HCV tenant to fill unit vacancies. SCCHA hopes these incentives continue attracting new, and retaining current, owners to the Section 8 program increasing the number of affordable rental units in the City.

SCCHA is proposing a new activity for approval by the Department of Housing and Urban Development (HUD) aimed at streamlining the conversion of non‐Section 8 subsidized units into Project Based Voucher units upon expiration or owner opt‐out from a HUD contract. Conversion of subsidized units into PBV units increases the housing choices for low‐income families and preserves the long‐term affordability of expiring subsidized properties

Actions to encourage public housing residents to become more involved in management and participate in homeownership

SCCHA is proactive in incorporating resident input into the policy‐making process. The SCCHA board includes two tenant commissioners that provide input from the tenant perspective.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance

Not applicable.

2022‐2023 Annual Action Plan 21
AP‐65 Homeless and Other Special Needs Activities – 91.220 (i)

Introduction

In the last County Point‐in‐Time Count in 2019, the count identified 9,706 homeless individuals, which was higher than any count over the last ten years. Of these individuals, 1,784 are sheltered and 7,922 are unsheltered. Individuals with the highest rates of being without shelter are the chronically homeless,
homeless veterans, and unaccompanied youth. It is estimated that 25 percent or 2,470 are chronically homeless with 85 percent of those chronically homeless are unsheltered; 653 are veterans, with 68 percent unsheltered; 269 are families, with 26 percent unsheltered; and 1,876 are unaccompanied youth, with 95 percent unsheltered. It is also estimated that two percent of homeless individuals are living with HIV. Due to the COVID crisis, the Point‐in‐Time Count of 2021 was not conducted.

Describe the jurisdictions one‐year goals and actions for reducing and ending homelessness including:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs.

The City will continue its efforts of housing homeless families through its TBRA program. The goal is to house/keep housed approximately 40 households. The City will renew its agreement with the County of Santa Clara for FY22/23 to provide intensive case management to approximately 20 chronically homeless individuals identified by the police department. This program is funded with local funds. The County provides housing subsidies for the participants in this program while the City uses its Successor Housing Agency funds to provide the case management and services for the program.

Addressing the emergency shelter and transitional
housing needs of homeless persons.

The City will fund agencies that serve homeless persons accessing emergency and transitional shelters.

Much of the funding will come from CDBG for agencies providing public services such as case management. Agencies include Next Door Solutions, Bill Wilson Center, and Abode Services.

Helping homeless persons
(especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again.

Particularly for chronically homeless, it is preferable for individuals to receive intensive case management rather than simple information and referral services. Case managers work to assist homeless individuals find housing, connect with resources, and receive services to maintain housing. The provision of case management is person‐based rather than shelter‐based with the goal of rapid re‐housing. The five‐year goals of the Community Plan to End Homelessness establish a target of creating 6,000 housing opportunities for persons who are homeless. An additional goal is for each of the 6,000 new tenants to have access to the services that will allow them to maintain that housing.

The City will continue using prior year HOME funds and FY22/23 Entitlement funds for our TBRA program which gives security deposits and monthly subsidies to the homeless families and/or domestic violence survivors, or those
families at risk of homelessness.
2022‐2023 Annual Action Plan 22
Countywide, there were 294 homeless families with children counted. Homeless families are typically underrepresented in the Homeless Survey. Oftentimes, homeless families are using shelters or transitional housing facilities, vehicles, and/or splitting up and couch surfing. This results in an underrepresented count of homeless families during the census.

Along with the point
‐in‐time count, 587 surveys were given to homeless households/individuals. The surveys were given primarily in unsheltered locales. The results showed “257 chronically homeless individuals, 49 homeless veterans, 19 individuals in homeless families, 42 unaccompanied children and transition‐age youth.”
1 The TBRA program is a short‐term solution to homelessness (unlike permanent supported housing for the chronically homeless). The Homeless Survey has shown that families with children are not only a special needs population, but tend to be underrepresented in Homeless Surveys. The TBRA program will continue to focus on
assisting the homeless and at‐risk of homelessness population; however, preferences towards families with children, and individuals and/or families exiting housing exclusively designated for domestic violence survivors will be given.

Helping low‐income individuals and families avoid becoming homeless, especially extremely low‐ income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

Avoiding homelessness. The City will be assisting low‐and‐extremely‐low income households affected by the COVID crisis to avoid becoming. It will be implementing a program with local funds to avoid evictions by assisting households with rental arrears.

Assisting those discharged from publicly funded institutions and systems of care. The City uses local funds to match county funds for a program that houses up to twenty (20) homeless individuals that are identified by the police department as high users of community resources; some of which had been discharged from facilities and/or jails. This population is also provided case management services.

Youth needs. The City provides CDBG funding for family and individual counseling needs through the Bill Wilson Center which focuses on the needs of foster children. The Bill Wilson Center also assists in administering the City’s TBRA program. By administering these programs, it provides The Bill Wilson Center the unique resources to identify homeless families, foster youth in their own system, and households with children in the school system that may be in need of critical needs such as housing, health, employment, education, and other social services.

1 2017 Santa Clara County Homeless Census and Survey Report (page 33) 2022‐2023 Annual Action Plan 23
AP‐75 Barriers to Affordable Housing – 91.220 (j)

Introduction
The jurisdictions within the County face barriers to affordable housing that are common throughout the Bay Area. High on the list is the lack of developable land, which increases the cost of available lands and increases housing development costs. Local opposition is another common obstacle as many neighbors have strong reactions to infill and affordable housing developments. Opposition is often based on misconceptions, such as an anticipated increase in crime; erosion of property values; increase in parking and traffic congestion; and overwhelmed schools. However, to ensure a healthy economy, the region must focus on strategies and investment that provide housing for much of the workforce in the region – sales clerks and secretaries, firefighters and police, teachers and health service workers – whose incomes significantly limit their housing choices.

The City has identified multiple constraints or barriers to the affordable housing and residential investment in its 2015‐2023 Housing Element Update, including:

 Land use controls limit the allowed density of housing production;  Parking requirements increase the cost of housing.

Generally, the City faces the same affordable housing barriers as the rest of the Bay Area, including:

 High cost of development constrains the development of affordable housing units in favor of higher‐end units;
 Lack of developable land prevents housing development and increases the price of land; and  Local opposition prevents affordable housing from being built in high‐resource areas.

Additionally, the Assessment of Fair Housing identified the following contributing factors to fair housing issues, including affordable housing, through analysis of data and community engagement feedback:

 Displacement of residents due to economic pressures
 Land use and zoning laws
 Source of income discrimination
 Community opposition
 Availability of affordable units in a range of sizes  Availability, type, frequency, and reliability of public transportation  Lack of access to opportunity due to high housing costs  Lack of affordable, accessible housing in a range of unit sizes  Lack of affordable housing for individuals who need supportive services  Lack of assistance for housing accessibility modifications  Lack of resources for fair housing agencies and organizations  Location and type of affordable housing
 Loss of affordable housing
 Private discrimination

2022‐2023 Annual Action Plan 24
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment.

The City identified multiple barriers to affordable housing, including income and wages that are not consistent with the rising cost of housing, a competitive rental and home market, and diminishing public funds.

The Housing Element includes the following actions to remove or ameliorate barriers: Work with nonprofits to acquire and rehabilitate distressed multi‐family housing and convert it to low income housing, update the City zoning ordinance to comply with state laws on reasonable accommodations, emergency shelters, transitional and supportive housing and density bonuses, accommodation of the Regional Housing Needs Assessment for the 2015 Housing Element to maintain an inventory of housing sites appropriate for a range of income levels and for supportive housing for persons with physical and developmental disabilities, analysis of impact fees, promote construction of accessary units and low income housing types such as Single Room Occupancy units, continue to require developers of 10 or more homeowner units to provide Below Market Rate units, consider establishing an affordable housing mitigation fee for large office and industrial developments, consider a local source of affordable housing funds.
2022‐2023 Annual Action Plan 25
AP‐85 Other Actions – 91.220 (k)

Introduction
This section discusses efforts in addressing the underserved needs, expanding and preserving affordable housing, reducing lead‐based paint hazards, and developing institutional structure for delivering housing and community development activities.

Actions planned to address obstacles to meeting underserved needs One of the major obstacles to meeting the needs of the underserved is the limited amount of funding available to fund public services. The City contributes general funds to fund the tenant/landlord mediation program and the United Way 211 information line.

Actions planned to foster and maintain affordable housing The City funds Rebuilding Together Silicon Valley to administer its Homeowner Housing Rehabilitation program. The program addresses building/housing code deficiencies, abatement of hazardous conditions, repair/rehabilitation of deteriorated conditions, and accessibility for persons with disabilities, all to improve the habitability, use and occupancy of owner‐occupied housing. Financial assistance is provided in the form of grants. The City also administers its Neighborhood Conservation Improvement Program (i.e., Homeowner Housing Rehabilitation Program). These projects are typically larger in scope than the projects performed by Rebuilding Together Silicon Valley. Financial assistance is provided in the form of loans with flexible terms and below market rates.

A Memorandum of Understanding, approved by the City Council and RDA Board on November 14, 2006, directed that all RDA funds appropriated for the NCIP Program “will be committed permanently” to the NCIP Affordable Housing Rehabilitation Fund (AHRF). Any program income accruing from the expenditure of Successor Housing Agency (SHA) funds for NCIP activities would also be deposited in the AHRF. That program income will not be subject to federal restrictions or requirements. It will primarily be used for the NCIP program, but may be used for other activities that benefit low and moderate‐income persons as long as those activities address one or more of the housing and community goals set forth in the Consolidated Plan.

The City has a Below Market Purchase Program (BMP). This program requires developers to set aside 15% of newly constructed units for housing affordable to moderate income homebuyers. The Program is administered by HouseKeys. The Program created an additional source of revenue to augment future housing and community objectives – the City Affordable Housing Fund (CAHF). After five years, a BMP housing unit can convert from a restricted sales price to a market price. If a BMP unit is sold after the initial 5‐year period, the City recaptures the value of the affordable purchase price discount. Proceeds are deposited in the CAHF. Use of CAHF funds is not subject to federal or state restrictions. The CAHF funds will be used for activities that benefit low and moderate‐income persons and address one or more of the housing and community goals set forth in the ConPlan and its Housing Element.

Actions planned to reduce lead‐based paint hazards
The City undertakes HUD‐funded projects in accordance with the Lead‐Based Paint Regulations published in 2000. These regulations most commonly affect residential structures rehabilitated through NCIP. When identified, lead paint will be controlled or abated and disposed of properly to eliminate or reduce the hazard of environmental or human contamination. The City has adopted a written plan to implement the regulations in its NCIP Program and other housing rehabilitation activities.

2022‐2023 Annual Action Plan 26
Actions planned to reduce the number of poverty‐level families On March 24, 2017 the Santa Clara City Council unanimously passed the first worker retention ordinance in Silicon Valley. This ordinance will provide much‐needed job security to some of the most vulnerable workers. This law protects food and building service workers from mass layoffs when companies switch contractors. It requires that if a company with an office or venue in Santa Clara hires a new contractor or brings services in‐house, the workers who currently work at that location must be kept on for a 90‐day transition period.

The City of Santa Clara is a participating member of the North County Consortium of Neighborhood Self Sufficiency Centers whose mission is to support the long‐term sustainability and self‐sufficiency of CalWORKs families. The consortium is made up of over 30 businesses, agencies and schools that have a record of successful work with CalWORKs clients.

The Santa Clara Unified School District (SCUSD) Adult Education Center has a CalWORKs Site Representative who acts as a liaison for participating CalWORKs students and Santa Clara County Social Services Agency. Some of these responsibilities include ensuring that all participants on campus are remaining in compliance with federal regulations, developing a welfare to work plan, reporting monthly attendance to the County for each participant, and reporting progress reports on a quarterly basis for each participant CalWORKs student to the County. In addition to the Site Representative, the Adult Education Center has a Career Advisor for CalWORKs students to help them in job placement, resume development, and interviewing skills.

Actions planned to develop institutional structure
The City will continue its participation in the CDBG Coordinators Committee, which increasingly has become a public forum for discussion and active planning of common strategies to address the housing and community needs in Santa Clara County. The City is also planning to fill a vacant housing analyst position to assist with HUD‐related activities.

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue its efforts to encourage consortium‐building among housing developers, public
service providers, and governmental and non‐governmental entities. The City has achieved proven results in using federal funds to leverage private funds. The City participates in the quarterly meetings of the Supportive Housing Roundtable, which includes government agencies, housing developers, service providers, legal services and private funders.

Discussion
In 1983, the City of Santa Clara joined with several other cities to create the North Valley Job Training Consortium (NOVA) in response to the federal Workforce Investment Act. The consortium is a private/public partnership made up of representatives of local government, business and industry, labor, education and training systems, employment services, and community support organizations. The NOVA Workforce Board was established to guide the agency in its mission to deliver employment and training services that enhance the ability to live and work in Silicon Valley. Many of the services and programs provided by NOVA target disadvantaged youth and adult populations, who may have limited education and/or barriers to employment. NOVA is a partner in the CONNECT! Job Seeker Center, a comprehensive resource center open to all job seekers, which offers computer access, a resource library, resume assistance and job search workshops.
2022‐2023 Annual Action Plan 27
AP‐90 Program Specific Requirements – 91.220 (l) (1,2,4)

Introduction

Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l) (1)

Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

Other CDBG Requirements

1. The amount of urgent need activities. 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit ‐ A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.
100.00
%

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the strategic plan. 0 3. The amount of surplus funds from urban renewal settlements. 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 0 5. The amount of income from float‐funded activities 0 Total Program Income 0
2022‐2023 Annual Action Plan 28
HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l) (2)

A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

1. The City does not use HOME funds beyond those identified in Section 92.205. A description of the guidelines that will be used for resale or recapture of HOME funds, if used for homebuyer activities as required in 92.254, are as follows:

Homeowner Equity – for purposes of this policy, it is defined as the sum of the down‐payment, principal paid, and homeowner improvements. Home Equity – for purposes of this policy, it is defined as the amount of HOME investment, adjusted as follows: (1) The HOME investment amount would be reduced if, at the time of the homeowner purchase, the market price is less than the cost of construction, by the amount of that difference; and (2) Beginning after six years of residency by the original buyer, the City would reduce its share of excess proceeds by a maximum of 10% for each additional full year the original buyer resides in the home. After the completion of 15 years of residency by the original buyer, the City would have no interest in recapturing any portion of its original HOME investment.

In the event of a sale of a HOME‐assisted house during the 15‐year HOME affordability period, sales proceeds would be distributed in the following order of priority:

a. Closing costs.
b. Primary mortgage loan (City or private lender).
c. Other loans superior to the HOME investment lien (if any have been approved by the City).

The remaining funds are considered Shared Net Proceeds under the HOME regulations and would be distributed in the following order of priority:

d. Homeowner Equity, or the amount of Shared Net Proceeds, whichever is less. e. Homeowner Shared Net Proceeds. This amount will be the greater of: (1) Homeowner Equity that was paid as described above; or (2) proportionately of the Shared Net Proceeds, according to the formula ‐ Homeowner Equity, divided by the sum of Homeowner Equity plus HOME Equity. f. HOME investment. The remainder of the Shared Net Proceeds. If the remaining Shared Net Proceeds are insufficient to repay the full amount of the HOME investment, the City would forgive any of the HOME investment that could not be repaid from the remaining Shared Net Proceeds.

2. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. See 24 CFR 92.254(a)(4) are as follows:

The City secures its HOME funds by recording Deeds of Trust on the title of the property that received the funding. The period of affordability would be a minimum of 15 years.

3. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

The City does not have any plans to use HOME funds to refinance existing debt on multi‐family.

4. HOME funds may be allocated to affordable housing capital projects in contiguous jurisdictions.

The City does not plan on using HOME funds to refinance existing debt. 2022‐2023 Annual Action Plan 29

Discussion
CHDO set‐aside funds. The City of Santa Clara will consider providing assistance to affordable housing developments in contiguous jurisdictions using CHDO set‐aside funds.

TBRA assistance. While it would be ideal for participants to locate housing within the city limits, the program will allow participants to find housing
located anywhere within the County of Santa Clara.

95% After Rehab Valuation

The City of Santa Clara may use HOME funds for acquisition purposes. Per CFR 24 92.254 (a)(iii), the City has chosen to determine separate limits for existing housing than the given median purchase price issued by HUD. City staff researched the Multiple Listings Service (MLS) to determine the number of single‐family and multi‐family home sales. There were less than 250 sales per months; thus, per 24.92.254 (a)(iii), we were required to compile 3 months of sales figures. The following details the home sales in Santa Clara over the most recent three (3) months for single‐family homes and multi‐family homes at the time of publication. The numbers below are subject to change prior to submission of the AAP to HUD.

FY22-23
Estimated
Entitlement
Prior
Year
Balance
Estimated PI
CDBG FY22-23
HOME FY21-22
FY22-23
Total
Expected
$1,100,000 $50,000 $200,000 $1,350,000
450,000$ $378,000 $10,000 838,000$
$243,697 n/a n/a $243,697
$250,000 n/a n/a $250,000
$56,500 n/a n/a $56,500
$2,738,197
# Program
Administration
Allowable
Admin
Staff
Recomm.
1A CDBG Administration (from allocation) max 20% $220,000 1B CDBG Administration (from PI) max 20% $40,000
2A HOME Administration (from allocation) max 10% $45,000 2B HOME Administration - 10% of 2020/2021 estimated PI of... $100,000 max 10% $10,000 Est. Funds
Available
max 15% $165,000
$105,000 max 15% $15,750
max 15% $180,750
# Agencies Funded
562
CDBG
Funds
562
HOME
Funds
165
CAHF
Funds
169
CHSF
Funds
001
General
Funds
1 $ 32,250
2 $ 32,250
3 $ 30,000
4 $ 24,000
5 $ 32,250
6 $ 30,000
7 $ 15,000
8 $ 10,000
9 $ 15,000
10 $ 16,500
11 $50,000
12 $15,000 $ 110,000
13 $18,000
14 $ 663,500
15 $ 95,750
16 $150,000
17 $340,500 $80,348 $ 70,000
18 $375,000 $80,349 $ 70,000
19 $67,500
20 $ 260,000
21 Project Sentinel - Fair Housing Services $22,197
22 $32,803
# Budget
Summary
TOTAL

FUNDING
CDBG
funds
HOME
funds
CAHF
Funds
CHSF
Funds
General
Funds
A Public Service Activiites $430,250 $180,750 $0 $83,000 $110,000 $56,500 B Capital Improvement Projects $909,250 $909,250 $0 $0 $0 $0 C Affordable Housing Activities $1,083,697 $0 $783,000 $160,697 $140,000 $0 D Program Administration $315,000 $260,000 $55,000 $0 $0 $0 TOTALS $2,738,197 $1,350,000 $838,000 $243,697 $250,000 $56,500 Cap. Imp.Aff. Housng
Bill Wilson Center - TBRA Administration & Case Mgt.

Abode - TBRA Administration & Case Mgt.

Community Housing Development Org. (CHDO) Set-aside
CDBG Administration
HOME Administration
ADMIN.

Capital Improvement Projects - Public Facilites
NCIP Activty Delivery Costs
Rebuilding Together - Minor Repair Program
Public Service Activities
Bill Wilson Center - Counseling & Family Therapy
Bill Wilson Center - Family Advocacy Services
The Health Trust - Meals on Wheels
Senior Adult Legal Assistance (SALA) - Legal Assistance HOPE Services - Educational Serivces
County - Homeless Prevention Program (HPP)
County - Intensive Case Management (ICM)
Silicon Valley Independent Living Center (SVILC)
Santa Clara Senior Center - Senior Nutrition Program
Next Door Solutions - Support Services for Victims of DV Live Oak Adult - Day Services
Catholic Charities Ombudsman - Ombudsman Prog.

Heart of the Valley - Support & Transportation Services General Funds

TOTAL AMOUNT OF EXPECTED RESOURCES AVAILABLE
CDBG Funds Available
for Public Service (PS) Requests
FY22/23 CDBG Entitlement Funds Available for PS
FY21/22 Anticipated Program Income for PS
CDBG Funds Available for Public Services

CITY OF SANTA CLARA
FISCAL YEAR 2022/2023 ALLOCATIONS
Annual Action Plan Funding Breakdown

TOTAL EXPECTED

RESOURCES
Community Development Block Grant (CDBG)
Home Investment Partnership Program (HOME)
City Affordable Housing Fund (CAHF)
City Housing Successor Fund (CHSF)
Attachment 4
FY21-22 Annual Action Plan Substantial Amendment Changes

1. Introdu ction
The amendments to this Expected Resources section (i.e., Program Income and Prior Year Resources) shown in table AP- 15 below are based on known amounts. When Annual Action Plans are drafted, Program Income and Prior Year Resources are estimates. Due to the proposed amendments related to the NCIP program and Public Facilities Improvements which initiated the need for this Substantial Amendment, the City has taken the opportunity to amend estimated amounts of Expected Resources to known amounts.

CDBG Funds: The total amount of CDBG resources expected to be available for FY21/22 is $1,717,699$1,261,020. This total Is made up of the annual CDBG entitlement from HUD, Prior Year Resources (i.e., funds that are being re-programmed and/or f unds that were programmed but not spent), and Program Income (i.e., income generated from prior CDBG projects such as loan repayments),
Annual Entitlement Funds
Estimated Prior Year Balance
Estimated FY21/22 Program Income
C06G Public· Acquisition
Housing Rehab.

Public
Improvements
Public Service,
Admin./Planning
$1,074,699
$ 193,009$81,321
$ 459,009$105,000
~
$105 000
S4,200,000 COBG funds may be
used for: 1) land
acquisition for
affordable housing;
2) NCIP program; 3)
public infrastructure
/ public facilrty
Improvements !-4)
public services: 5)
administration and
lannin .
__ ~ ectives Summa_ry____________
Stratec:lc Phan tata?c:ory Start End Geographic Priority Nl?cds Fundln,: Go11I Outcome Goal Year Vear Area Addressed Allocated Indicator
Included
~ ---~ ----- - -- --- --------
CDBG Homeowner housing rehabilitated
~ and project delivery
$150,251 4S-M_hous2ho lds
1 "-ffordable Affordable 7071 7077 C'JtywirlP
Affordable HOME TBRA
Housing Houshg Housing $1,529,699 45 households
HOME Rental urits rehabilitated
$66,452 (CHOO Housing)
1 Household
Public CDBG Public Facili~ or Infrastructure
Facilit) or S642.000 Activities other than LowlMod
lnJrn!;tuct. Income Housing Bet1efit
Public Activities Public 150 \ouseho lds
5 ~acilit es other than 2021 2022 Citywide l=~cilitiH lmgrovement low/Wod Income
Housing
Benefit

COBG N/A
Admini sttatlon ~
6 Planning & Planning & 2021 2022 Citywide & s2is 940
Admin. Admin. Planning HOME
$37,104

AP-35 - Project Information Summary
-----------------------------------------National # of
# Project Name Objective Code Households Funding
To Benefit or Persons
12 Neighbo rhood Conservation & lmprov. Program (NCIP) - LMH 14A 35 $972,769 Loans & Grants ~
13 Neighbo rhood Conservation and Improveme nt Program LMH 14H n/a $1§7,16;! (NCIP) -ADC ~75,251
14 Rebuilding Silicon Valley Togethe r - M inor Repair LMH 14A 10 $§Q,QQQ ~75.000
15 TBRA - Abode Services n/a n/a n/a $808,875
16 TBRA- Bill Wilson Center n/a n/a n/a $654,372
17 CDBG Administration n/a 21A n/a $594,959
~235,940
18 HOME Administ ration n/a n/a n/a $37, 104
19 Community Housing Development (CHOO) Set Aside n/a n/a n/a $66,452 20 Public Facility Improvements LMC SA ~642.000
Attachment 5
FY22-23 DRAFT Annual Action Plan
Expected Resources

Program
CDBG
HOME
Uses of Funds
Acquisition
Housing Rehab.

Public Facility
~mprovemen ts
Public Services.

Admin. Plannin
CHOO and
regular HOME
rental projects,
such as property
acquisition, new
co nst., and/ or
rehabilitation.

Homeo wner
Rehabilitation
TBRA
Admin. and
Planning for
HOME programs
and activities.

AP-15 Table -Expected Resources Priority Table
Expected Amount Available Year 3
Annual
Allocation
Sl,100,000
$450,000
Program
Income
$200,000
$10,000
Prior Year
Resource
$50,000
$378,000
Total: Narrative Description
Sl,350,0 00 COBG funds may be used for: 1)
land acquisition for affordable
housing ; 2) NCIP program; 3)
pub I ic infrastructure / public
facility improvements 4) public
services; 5) administration and
plannin g.
$838,000 HOM E fun ds may be used for: 1)
TBRA; 2) NCIP; 3) Rental
development; 4) Fair Housing
Services; and/or 5) Admin. &
Planning.

Approx imate ly $113,000 of the
"Prior Year Resources" is program
income (Pl) received in FY21/22
Approx . $100,000 in Pl is
expected to be receipted in
FY22/23 . 10% (i.e., $10,000) will
be programmed in this action
plan for administrative activities
(PA) and drawn in FV22/ 23. The
remaining $90,000 will be
programm ed in FY23/ 24.

If FY22/ 23 Pl exceeds $100,000,
City v,ill continue using 10% for
adm in. and the remaining will be
programm ed in FV23/ 24.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-402 Agenda Date: 4/5/2022

REPORT TO COUNCIL

SUBJECT
Hold a Public TEFRA Hearing and Action on the Adoption of a Resolution Approving the California Municipal Finance Authority (CMFA) Issuance of Tax-Exempt Bonds Relating to the Financing of an 80-unit Multifamily Rental Housing Project for Low-income Senior Households to be Located in the City of Santa Clara, California at 3333 Kifer Road

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
As part of the financing process for affordable housing projects which are seeking to utilize State tax- exempt bonds, the local jurisdiction, in this case the City of Santa Clara, is required by State law to conduct a public hearing. The applicant (Allied Housing, Inc) is proposing to build an 80-unit multifamily rental housing project for low-income senior households and has applied to the State for tax-exempt bonds to help finance their project. The City is conducting this public hearing as a result of their application to the State.

Allied Housing, Inc., a California nonprofit corporation (the “Sponsor”), on behalf of Allied 3335 Kifer, L.P., a California limited partnership, or another entity (such limited partnership or other entity, the “Borrower”) to be created by the Sponsor or by an affiliate of the Sponsor, has requested that the CMFA issue one or more series of revenue bonds in an aggregate principal amount not to exceed $35,000,000, including but not limited to revenue bonds issued as part of a plan to finance the acquisition, construction, improvement and equipping of an 80-unit rental housing facility with supportive services for low-income seniors, including seniors experiencing homelessness (the “Project”), to be owned and operated by the Borrower and located in the City of Santa Clara, California (the “City”), at 3333 Kifer Road.

For all or a portion of the bonds to qualify as tax-exempt bonds, the City of Santa Clara must conduct a public hearing under the Tax Equity and Fiscal Responsibility Act (the “TEFRA Hearing”) to provide the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for financing the Project. Public notice must be provided to the members of the community prior to the TEFRA Hearing. Following the close of the TEFRA Hearing, an “applicable elected representative” of the City must provide its approval of the issuance of the bonds for financing the Project.

California Municipal Finance Authority
The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 300 municipalities, City of Santa Clara Printed on 3/30/2022Page 1 of 3
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22-402 Agenda Date: 4/5/2022
including the City of Santa Clara have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

DISCUSSION
The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such an agreement. The bonds to be issued by the CMFA for the Project will thus be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Santa Clara, it is expected that that a portion of the issuance fee attributable to the City will be granted by the CMFA to the General Fund of the City.

Such grant may be used for any lawful purpose of the City. The portion sent to the City is approximately $1500 and intended to be applied to City administrative costs.

The City of Santa Clara is already a member with CMFA there are no costs associated with membership in the CMFA, and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. Outside of holding the TEFRA hearing and adopting the required resolution, no other participation or activity of the City or the City Council with respect to the issuance of the bonds will be required.

Conducting the TEFRA hearing is a procedural action the City is required to take that will allow implementation of the Project, advancing the City’s goals and objectives related to the production of affordable housing and consistent with the City’s General Plan.

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

PUBLIC CONTACT
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22-402 Agenda Date: 4/5/2022
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.

As required by TEFRA regulations, a 15-day notice was published on March 23, 2022 in The Santa Clara Weekly.

RECOMMENDATION
Hold a Tax Equity and Fiscal Responsibility Act public hearing and adopt a resolution approving the issuance of up to $35,000,000 in tax-exempt private-activity bonds by California Municipal Finance Authority (CMFA) for the benefit of an 80-unit Multifamily Rental Housing Project for Low-income Senior Households to be Located in the City of Santa Clara, California at 3333 Kifer Road.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Office of the City Manager

ATTACHMENT

1. TEFRA Resolution for Kifer Senior Apartments
City of Santa Clara Printed on 3/30/2022Page 3 of 3
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Resolution/Kifer Senior TEFRA Page 1 Rev: 11/22/17
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARA

APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $ 35,000,000 TO FINANCE A MULTIFAMILY RENTAL HOUSING FACILITY FOR THE BENEFIT OF ALLIED 3335 KIFER, L.P., OR AN

AFFIILIATE THEREOF , AND CERTAIN OTHER MATTERS RELATING

THERETO

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, Allied Housing, Inc., a California nonprofit corporation ( the “Sponsor”), on behalf of Allied 3335 Kifer, L.P., a California limited partnership, or another entity (such limited partnership or other entity, the “Borrower”) to be created by the Sponsor or by an affiliate of the Sponsor, has requested that the California Municipal Finance Authority (the “Authority”) issue one or more series of revenue bonds in an aggregate principal amount not to exceed $ 35,000,000 (the “Bonds”), including but not limited to revenue bonds issued as part of a plan to finance the acquisition, construction, improvement and equipping of an 80 -unit rental housing facility with supportive services for low -income seniors, including seniors experiencin g homelessness (the “Project”), to be owned and operated by the Borrower and located in the City of Santa Clara, California (the “City”), at 3333 Kifer Road;
WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the issuance of the Bonds under Section 147(f) of the Code; WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
Resolution/Kifer Senior TEFRA Page 2 Rev: 11/22/17
WHEREAS, pursuant to Section 147(f) of the Code, the City Counci l has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. The foregoing recitals are true and correct.

2. The City Council hereby approves the issuance of the Bonds by the Authority, including but not limited to Bonds issued as part of a plan to finance the facilities described herein. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority for the Project, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

4. Effective date. This resolution shall become effective immediately. //
//
//
//
//
//
Resolution/Kifer Senior Page 3
Rev: 11/22/17

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-449 Agenda Date: 4/5/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution to Include New and Updated Connection and Load Development Fees for the Electric Utility in the Municipal Fee Schedule Effective July 1, 2022

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Connection and load development fees are established by the City Council and included in the Municipal Fee Schedule. These fees are to recover expenses for infrastructure improvements needed to support peak load growth within Silicon Valley Power’s (SVP) distribution and transmission system that serves as the backbone to SVP’s Bulk Electric System (BES). These fees reflect the average costs to connect a customer to the BES. The purpose of these fees is to fund capital expenditures directly related to the addition of infrastructure associated with new load increases.

SVP’s current peak load is about 600 MW and provides nearly 4,110 Gigawatt-hours (GWh) a year to SVP’s customers. Currently, several large development projects have received entitlements with the City of Santa Clara. These projects, once constructed and operating, are anticipated to result in an estimated increase of 618 MW in peak load. There is an additional 114 MW of planned commercial and residential development. In total, this represents an estimated 732 MW of expansion in peak load over the next ten years.

DISCUSSION
On September 28, 2021, City Council accepted SVP’s Three-Year System Growth Plan Strategy (RTC #21-871), that includes capital improvement projects needed to support anticipated system growth and to replace end-of life equipment to assure system reliability. Using this growth plan strategy, an analysis was performed to evaluate the cost per connection point and infrastructure improvements by customer type.

This analysis also identifies capital projects by system category (Table 1) including replacing and upgrading existing infrastructure as well as the addition of new infrastructure to support existing and new load. The total cost of these projects is estimated at $372.7 million. Of the proposed capital projects, approximately 50%, or $185.5 million, of these capital project costs are associated with adding new capacity with the remaining costs associated with upgrades required to support existing infrastructure needs for SVP’s BES. Staff will continue to review this analysis on a regular basis and will bring forward recommended adjustments to the fee schedule, as needed. Table 1 summarizes the projects in the System Growth Plan Strategy including allocation to new development by system impact categories.

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22-449 Agenda Date: 4/5/2022
Table 1 - Capital Projects by System Category (Dollar amounts are in thousands [000’s]) System Impact Category Total Capital
Costs
Developer
Share
New Dev.

Capital Costs
kVA
Assigned
Avg. Amount
per kVA
Transmission Projects >=60kV $275,350 47% $129,127 370,000 $348.99 General Substation Projects $ 62,700 35% $ 21,928 90,000 $243.64 Distribution: 12kV Projects $ 25,219 99% $ 24,978 94,150 $265.30 Distribution: Low Voltage
Projects <12kV
$ 9,427 100% $ 9,427 94,150 $100.13
Total $372,696 50% $185,460
Proposed Fee Structure
The proposed Connection and Load Development Fees are calculated based on the FY 2021/22 Residential Connection & Commercial Load Development Fee Analysis (Attachment 1) and includes the following structure which is further defined in Attachment 1.

Connection Fees - Residential
· Overhead Lines - Residential Connection/New Single-Family · Overhead Lines - Residential Connection/New Multiple Units · Underground Lines - Residential Connection/New Single-Family · Underground Lines - Residential Connection/New Multiple Units Load Development Fees - Commercial
· Commercial Facilities <12kV - SVP provides the load transformation from the 12kV system to meet customer voltage requirements.
· Commercial Facilities 12kV - These customers provide their own load transformation directly from SVP’s 12kV system.
· Commercial Facilities Dedicated 12kV - These customers have a dedicated substation built.

These customers enter into a Substation Agreement with the City and the customer pays all construction costs associated with the substation. Once the substation is constructed, SVP owns and operates the power transformation at the 12kV level. · Commercial Facilities Dedicated 60kV - These customers have a dedicated substation built.

These customers enter into a Substation Agreement with the City and the customer pays all construction costs associated with the substation. Once the substation is constructed, SVP owns and operates to the 60kV level prior to the power transformation.

Proposed Fees
Staff recommends that the City Council adopt a Resolution to include new and updated Connection Fees and Load Development Fees for the Electric Utility in the Municipal Fee Schedule effective July City of Santa Clara Printed on 3/31/2022Page 2 of 4
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22-449 Agenda Date: 4/5/2022
1, 2022. If adopted, these proposed fees would be included in the Municipal Fee Schedule presented by the Finance Department. Such fees and the corresponding increases are intended to maintain fees at the cost recovery levels necessary to support electric load growth. If adopted, the increase from the current fee to the proposed fee ranges from 32% to 330% (Table 2). Table 2 below outlines new fees and provides a comparison of current and proposed fees. Since two of the fee increases are significant, staff is proposing to phase those fees in over a four-year period referenced in Table 3.

Table 2 - Comparison of Proposed and Current Fees
Fee Proposed Fee Unit Current Fee % Change
Overhead Lines - Res Conn/New Single Family* $1,235.61 Per Lot $1,197.16 3% Overhead Lines - Res Conn/New Multiple Family* $ 759.88 Per Unit $ 736.24 3% Underground - Res Conn/New Single Family $2,436.28 Per Lot $1,764.70 38% Underground - Res Conn/New Multiple Family $2,070.84 Per Unit $1,573.68 32% Commercial Facilities <12Kv# $ 609.07 Per kVA $ 141.63 330% Commercial Facilities 12kV# $ 508.94 Per kVA $ 141.63 259% Commercial Facilities Customer Dedicated 12kV $ 391.85 Per kVA $ 240.03 63% Commercial Facilities Customer Dedicated 60kV $ 348.99 Per kVA $ 240.03 45% * Overhead Fees were not studied as part of this analysis. These fees are proposed to be increased by 3% as part of the City of Santa Municipal Fee Schedule update.

Table 3 - Recommended Phase in Schedule for Commercial Facility <12kV and 12kV Fee Current FeeJuly 2022 40% July 2023
60%
July 2024
80%
July 2025
100%
Commercial Facilities <12kV $141.63 $243.63 $365.44 $487.26 $609.07 Commercial Facilities 12kV $141.63 $203.58 $305.36 $407.15 $508.94 The following Tier 1 and Tier 2 fees (Table 4) will only be used when they are referenced in an existing substation agreement that was executed prior to the date of this Council action. These fees will be phased out and will not be included in future substation agreements.

Table 4 - Fees Applicable to Only Existing and Approved Substation Agreements Fee Proposed Fee Unit Current Fee % Change
Load Development Fees - Tier 1 $348.99 Per kVA $141.63 146% Load Development Fees - Tier 2 $697.98 Per kVA $240.03 191% Fee Implementation
Staff recommends that Connection and Load Development Fees referenced above become effective for FY 2022/23 and include the phasing described in Table 3. In addition, there are a small number of projects that have progressed/completed their land use entitlements or substation agreements.

These projects will be grandfathered to the existing fees for a period of no more than three months at the discretion of the Chief Electric Utility Officer.

ENVIRONMENTAL REVIEW
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22-449 Agenda Date: 4/5/2022
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The changes proposed for the FY 2022/23 Municipal Fee Schedule are intended to offset the infrastructure improvements related to new development. The anticipated revenue impacts of the proposed changes will be factored into the FY 2022/23 and FY 2023/24 Proposed Biennial Capital Improvement Program Budget.

COORDINATION
This agreement has been coordinated with the Finance Department and the City Attorney’s Office.

On November 13, 2021, SVP hosted an outreach meeting regarding the proposed Connection and Load Development Fees. Attendees at this meeting were invited by SVP’s key customer team and included SVP’s 50 largest customers as well as over 60 developers that construct large developments in Santa Clara. SVP has created a webpage with information about the new and updated fees. Information on the webpage
<https://www.siliconvalleypower.com/businesses/rates-and-fees/connection-and-load-development- fees>, includes an analysis, fact sheet, FAQ’s, and recording of the outreach meeting.

RECOMMENDATION
Adopt a Resolution to include new and updated Connection and Load Development Fees for the Electric Utility in the Municipal Fee Schedule effective July 1, 2022.

Prepared by: Manuel Pineda, Chief Electric Utility Officer Approved by: Office of the City Manager

ATTACHMENTS

1. Fiscal Year 2021/22 Residential Connection and Commercial Load Development Fee Analysis

2. Notice of Public Hearing Regarding Connection and Load Development Fees

3. Proposed Resolution
City of Santa Clara Printed on 3/31/2022Page 4 of 4
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Fiscal Year
2021/2022
Prepared By:

Silicon Valley Power
Fiscal Year 2021/2022
Residential Connection & Commercial
Load Development Fee Analysis

SILICON
VALLEY
POWER®

CITY OF SANTA CLARA
2021-22 Residential Connection and Commercial Load Development Fee Analysis_DH 1 3/21/2022
Table of Contents

Introduction ............................................................................................................................................... 2

Current Residential Connection and Commercial Load Development Fees ............................................ 2

Fee Analysis ............................................................................................................................................. 2

A. Projected Capital Expansions by System Impact Category ............................................................ 3

1. Transmission Projects >=60kV ................................................................................................................... 3

2. General Substation Projects ....................................................................................................................... 4

3. Distribution: 12kV Projects ........................................................................................................................ 4

4. Distribution: Low Voltage Projects <12kV.................................................................................................. 5

B. Projected System Growth .............................................................................................................. 5

C. Average Costs per kVA (System Impact Category) ....................................................................... 6

Proposed Fee Structure ........................................................................................................................... 6

Proposed Fees ......................................................................................................................................... 8

Fee Collection ........................................................................................... Error! Bookmark not defined.

Summary – Fee Comparison .................................................................................................................... 9

2021-22 Residential Connection and Commercial Load Development Fee Analysis_DH 2 3/21/2022
Introduction
This report provides an analysis of the recommendation for an update to Silicon Valley Power’s (SVP’s) Connection and Load Development Fees. There are two distinct installation methods under residential connection fees (underground and overhead installations). Only u nderground connection fees were studied for this analysis. Overhead connection fees are expected to be reviewed in a future study. The distribution and transmission system serve as the backbone to SVP’s Bulk Electric System (BES) that transforms and delivers power to customers.

Connection and Load Development Fees are intended to recover costs associated with customers connecting to SVP’s distribution and transmission system based on average or typical time and material cost to connect a customer to the BES as well as the impact customers have on SVP’s future expansion costs based on the customer’s estimated peak demand. The purpose of these fees is to prevent existing customers from experiencing increased electric rates due to capital expenditures directly related to the addition of infrastructure associated with new load increases.

Current Residential Connection and Commercial Load Development Fees Two fee groups are used when customers connect to SVP’s BES.

• Residential C onnection Fees are adopted and adjusted annually by an annual cost index identified by the City typically as part of the annual budget process . These fees are charged when connecting to SVP’s distribution system for dwelling units and per unit in mobile home parks defined within Section 18.06.010. The fee is based on the type of connection (overhead or underground) and then the type of residential (single family residential versus multiple residential units). The current fees are listed below:

Residential Connection Fees Effective 07/01/2021

Connection Types Fee Unit
Overhead Lines - New Single Family/Residential $ 1,197.16 Per Lot Overhead Lines - New Multiple Units $ 736.24 Per Unit Underground - New Single Family/Residential $ 1,764.70 Per Lot Underground - New Multiple Units/Residential $ 1,573.68 Per Unit

• For commercial units, a two tier fee was adopted beginning in FY 2018/19. The Commercial Load Development Fee is adjusted annually by an annual cost index identified by the City. This fee is based on the amount of kVA requested from commercial and industrial class customers connecting to SVP’s BES. The Current kVA Fee is listed below:

Commercial Load Development Fees Effective 07/01/2021

kVA Tiers kVA Fee Unit
Tier 1: Up to 4,500 kVA $ 141.63 Per kVA
Tier 2: Greater than 4,500 kVA $ 240.03 Per kVA

Fee Analysis
In order to increase system capacity, several types of capital projects are required including (1) improvements to the existing system such as transformer upgrades and power line upgrades 2021-22 Residential Connection and Commercial Load Development Fee Analysis_DH 3 3/21/2022
(reconductoring), (2) receiving station replacements, and (3) new substations. To determine the costs associated with these improvements, the following were evaluated:

A. Projected Capital Expansions by System Impact Category B. Projected System Growth
C. Average Costs per kVA (System Impact Category)
A. Projected Capital Expansions by System Impact Category Costs associated with new load development and connection expenses include Capital Improvement Projects (CIP) necessary to cover distribution and transmission expenses where assets are built, upgraded or replaced to account for growth over the projected life of the asset. In 2021, SVP completed a three-year growth plan strategy that identifies transmission projects needed to expand/enhance capital infrastructure to meet anticipated growth expected by 2031.

This analysis includes projects planned from 2021 to 2031 based on that growth plan strategy .

These costs are grouped by four system impact categories including:

1. Transmission Projects >=60kV
Transmission Projects >=60kV are designed to increase the available transmission capacity and therefore increase the Load Service Ability (LSA). LSA (measured in Megawatts [MW]) depicts the maximum peak load that SVP ’s system can provide to its customers. SVP’s 2021/2022 Transmission Planning Process (TPP) identified the current LSA at 720MW. The LSA is expected to grow by 370MW for a total of 1,090MW by 2031 after the projects listed in Table 1 are completed. As new development requests are received and evaluated, additional projects may be added and planned projects may be removed within Table 1 based on the customer’s connection point to SVP’s system. These additional projects may be required to serve customers although it may not impact the overall LSA.

In addition to the projects required to increase system capacity, some of the projects identified in the Three -Year Plan are required to replace end of life assets. Therefore, for the projects listed below, a percentage of the cost was allocated to new development based on the additional capacity gained. The amount not applied to new development is recovered from existing customers through customer electric rates or through existing substation agreements.

Table 1: Transmission Projects >=60kV (in 000’s)

Transmission >= 60kV Projects* Total CIP % Allocated
to New Dev
$ Allocated
to New Dev
Agnew-FCJ 60kV Line Re-conductor $ 1,050 44% $ 464 Fiberglass Substation Upgrades 10,000 17% 1,667 FCJ-NAJ 60kV Line Re-conductor 3,250 44% 1,436 Kifer Receiving Station (KRS) Rebuild 57,700 38% 21,926 KRS/SRS Breaker Replacements 6,000 25% 1,500 NRS 230kV T2 Spare Transformer 17,000 0% 0 NRS 392 Breaker Upgrade 4,250 0% 0 NRS to KRS 115kV Transmission Line 27,100 100% 27,100 NRS Transformer Upgrades 15,000 38% 5,700 NRS-Agnew 60kV Line Re-conductor 2,100 44% 928 NRS-Mission 60kV Line Re-conductor 2,150 49% 1,049 2021-22 Residential Connection and Commercial Load Development Fee Analysis_DH 4 3/21/2022
Transmission >= 60kV Projects* Total CIP % Allocated
to New Dev
$ Allocated
to New Dev
Reconfigure Northwest and Center Loops 18,000 100% 18,000 Scott Receiving Station (SRS) Rebuild 63,250 38% 24,035 SRS-Central 60kV Line Re-conductor 2,600 44% 1,149 SRS-Homestead 60kV Line Re-conductor 8,050 44% 3,558 SVP Battery Energy Storage System 3,100 0% 0 Transmission System Reinforcements 32,000 61% 19,400
Walsh-Uranium 60kV Line Re-conductor 2,750 44% 1,215 Total >= 60kV Projects $ 275,350 47% $ 129,127 *FCJ = Freedom Circle Junction, NAJ = Norman Avenue Junction, KRS = Kifer Receiving Station, SRS = Scott Receiving Station

2. General Substation Projects
Substations transform power by decreasing voltage from the transmission system to a level appropriate to enter SVP’s distribution system. These substation projects have been added to increase the distribution system capacity to allow for new development. Development requests primarily consist of new commercial facilities, mixed use, and residential dwellings. CIP costs include both design, engineering, and construction labor and materials . When all projects are considered, the distribution system capacity is expected to increase by 203.0 MVA with 90.0 MVA to support new development.

Table 2: General Substation Projects (in 000’s)

Substation Projects MVA
Increase Total CIP % Allocated
to New Dev
$ Allocated
to New Dev
Fairview 3rd Transformer 31.5 $ 6,000 43% $ 2,571 Serra 2nd Transformer 63.00 15,500 14% 2,214 Central Bushing Replacement 14.0 200 0% 0 Homestead Rebuild 0.0 17,000 0% 0
Esperanca Substation 94.5 24,000 71% 17,143
Total Substation Projects 203.0 $ 62,700 35% $ 21,928

3. Distribution: 12kV Projects
12kV projects are improvements in SVP’s primary distribution system. These improvements include 600amp equipment such as cable, splices, switches, elbows, and capacitor banks. Cost estimates include material and labor to install and connect each customer. Current planned improvements consist of 94.15 MVA in new load. This new load will also flow through to the system category of <12kV projects or the low voltage system. The MVA identified is a combination of customer types including commercial, residential, and mixed us e embedded within the New Business Work CIP.

Table 3: Distribution: 12kV Projects (in 000’s)

Distribution 12kV Projects MVA
Request Total CIP % Allocated
to New Dev
$ Allocated
to New Dev
New Business Work 94.15 $ 13,881 100% $ 13,881 Distribution Crossing 0.00 4,000 100% 4,000
2021-22 Residential Connection and Commercial Load Development Fee Analysis_DH 5 3/21/2022
Distribution 12kV Projects MVA
Request Total CIP % Allocated
to New Dev
$ Allocated
to New Dev
Rondonovan Reach 0.00 3,500 100% 3,500
Fairview CIP (Substructure) 0.00 1,250 100% 1,250
Patrick Henry (Substructure) 0.00 600 100% 600
Serra Distribution Feeders 0.00 483 50% 242
Mission Feeder Ext – Tasman Dr. 0.00 433 100% 433
3700 El Camino - Gateway Village 0.00 392 100% 392
Fairview Distribution Feeders 0.00 372 100% 372
Palm Sub Feeder – Tasman E 0.00 308 100% 308
Total 12kV Projects 94.15 $ 25,219 99% $ 24,978

4. Distribution: Low Voltage Projects <12kV
The Low Voltage <12kV projects (also referred to as the secondary system) i ncludes infrastructure associated with the 200amp system such as cable and meters and associated parts and materials needed to connect from the primary distribution system to the customer’s meter. In addition to material, cost estimates also include the labor to install and connect each customer. Based on estimated new customer requests, an additional 94.15 MVA is expected to be required within the low voltage system. The MVA requested is a combination of customer types including commercial, residential, and mixed use embedded within the New Business Work CIP.

Table 4: Distribution: Low Voltage Projects <12kV (in 000’s)

Distribution: Low Voltage Projects
< 12kV
MVA
Request Total CIP % Allocated
to New Dev
$ Allocated
to New Dev
New Business Work 94.15 $ 9,410 100% $ 9,410 Distribution Crossing 0.00 0 100% 0
Rondonovan Reach 0.00 0 100% 0
Fairview CIP (Substructure) 0.00 0 100% 0
Patrick Henry (Substructure) 0.00 0 100% 0
Serra Distribution Feeders 0.00 0 50% 0
Mission Feeder Ext – Tasman Dr. 0.00 0 100% 0
3700 El Camino - Gateway Village 0.00 0 100% 0
Fairview Distribution Feeders 0.00 0 100% 0
Palm Sub Feeder – Tasman E 0.00 17 100% 17
Total <12kV Projects 94.15 $ 9,427 100% $ 9,427 B. Projected System Growth
SVP estimated s ystem growth projections are based on projects approved through the City of Santa Clara’s Project Clearance Committee (PCC) and negotiations of special facilities agreements or substation agreements with large customers. Table 5 outlines projected residential growth and Commercial/Industrial growth by category and by kVA that is submitted as part of SVP’s Transmission Planning Process (TPP) with the California Independent System Operator (CAISO) and California Energy Commission (CEC) . This includes projects needed to utilize capacity that is currently available in the system and new growth resulting from projects in the 2021-22 Residential Connection and Commercial Load Development Fee Analysis_DH 6 3/21/2022
capital improvement plans depicted in Tables 1 through 4. Table 5 depicts projected residential growth per dwelling unit or household to result in the estimated growth by customer class. The projected residential kVA is estimated based on average residential peak kVA. Due to variation in size of customer connections, kVA demand for Commercial and Industrial facilities are projected based on the installed service panel rating at the customer’s location, substation agreement, or load ramp provided by the customer to SVP during the annual load forecast process.

Table 5: Projected Growth by kVA

Fee Type Units Demand kVA
Underground – New Single-Family/Residential 0 4.0 0 Underground – New Multiple Units/Residential
(ADU/Apartments/Condos/Townhomes/Mobile) 11,936 3.4 40,582 Commercial Facilities <12kV & 12kV N/A 1.0 53,568
Commercial Facilities Customer Dedicated 12kV & 60kV N/A 1.0 370,000 Total 11,936 464,150
C. Average Costs per kVA (System Impact Category)
SVP has identified four categories of projects to support ‘new’ customer load requests including upgrades to existing assets. Each category was assigned a k VA level that serves as a measurement for the additional load expected within the distribution system, subs tation capacity, or LSA increase for transmission projects. Table 6 depicts the average cost per kVA by dividing the assigned CIP costs for new development by the assigned kVA units needed to meet new growth per category. These costs are not embedded in the fees under any existing substation or special facility agreements and all of these costs are expected to be re covered from fees associated with new customer load requests. Where costs of CIP work is included in a customer agreement and anticipated to be recovered from the affected customer directly, that project w as eliminated from this analysis. As such, only costs supporting new development that cannot be recovered through an alternate agreement were included in this analysis and in the recommended fees.

Table 6: System Category Average Costs per kVA

System Category
New Dev.

Capital Costs
kVA
Assigned
Avg. Cost
per kVA

1. Transmission Projects >=60kV $ 129,127,000 370,000 $ 348.99

2. General Substation Projects 21,928,000 90,000 243.64

3. Distribution: 12kV Projects 24,978,000 94,150 265.30

4. Distribution: Low Voltage Projects <12kV 9,427,000 94,150 100.13 Total $185,460,000

Proposed Fee Structure
Below is a summary of the ‘New’ proposed Residential Connections and Commercial Load Development Fees. This structure incorpor ates both existing fee groups listed above in the Current Residential Connection and Commercial Load Development Fees section:

Residential Connection Fees
2021-22 Residential Connection and Commercial Load Development Fee Analysis_DH 7 3/21/2022
Residential Connection Fees are applied to dwellings including single-family, accessory units, duplexes, groups, multiple family, and mobile homes [apartments, condos, duplexes, single family homes, townhomes, and mobile homes ] as defined within Section 18.06 of the City Code. These fees are intended to recover the typical or average costs of material and labor required by SVP to install and connect to SVP’s system. Residential Connection Fees are broken down between connection type such as overhead or underground and further defined as ‘Residential Connec tion/New Single-Family’ and ‘Residential Connection/New Multiple Units’ described below:

1. Overhead Lines – Residential Connection/New Single-Family (Dwellings include: Single-family): The current and proposed fee uses a “per lot” fee structure. The fee i s calculated based on average number of kVA units required per dwelling then multiplied by the determined cost per kVA.

2. Overhead Lines – Residential Connection/New Multiple Units (Dwellings include: Accessory Unit, Duplex, Groups, Multiple Family Units [Apartments, Condominiums & Townhouses ] and Mobile Home Park): The current and proposed fee uses a “per unit” fee structure and is based on average number of kVA units required per dwelling then multiplied by the determined cost per kVA.

3. Underground – Residential Connection/New Single -Family (Dwellings include: Single-family ): The current and proposed fee uses a “per lot” fee structure and is based on average number of kVA units required per dwelling then multiplied by the determined cost per kVA.

4. Underground – Residential Connection/New Multiple Units (Dwellings include: Accessory Unit, Duplex, Groups, Multiple Family Units [Apartments, Condominiums & Townhouses ] and Mobile Home Park): The current and proposed fee uses a “per unit” fee structure and is based on average number of kVA units required per dwelling then multiplied by the determined cost per kVA.

Commercial Load Development Fees
Commercial Load Development Fees are applied to commercial and industrial customers. The fees are calculated based on a predetermined amount of kVA requested within certain levels further defined in the following section titled Collection of Fees. These fees are categorized into four different groups that allow for the system average costs within Table 7 to be apportioned according to the type of commercial facility:

1. Commercial Facilities <12kV – For commercial facilities <12kV, the customer takes service at the secondary level and SVP provides the load transformation from the 12kV system to meet customer voltage requirements. The proposed fee is based on the demand established on the installed service panel rating at the customer’s location. The customer’s f ee is determined by taking the calculated kVA value from the customer’s service panel and multiplying it by the determined cost per kVA specified in Table 7.

2. Commercial Facilities 12kV – For commercial facilities 12KV, the customer takes service at the primary level and provides their own load transformation directly from the 12kV system. The proposed fee is based on the demand established on the installed service panel rating at the customer’s location. The customer’s f ee is determined by taking the calculated kVA value and multiplying it by the determined cost per kVA specified in Table 7.

3. Commercial Facilities Dedicated 12kV – Commercial Facilities Dedicated 12kV customers have a dedicated substation built to service the customer’s facility. The customer executes a Substation agreement with the City and pays all costs of substation construction includin g design and engineering. Once the substation is constructed, SVP owns and operates the power transformation at the 12kV level. This fee would also be applied to Dedicated 12kV customers who need to purchase interim power needed prior to the execution of a Substation Agreement and construction.

The proposed fee is based on the number of kVA established within an executed special facilities agreement or substation agreement between the City and the customer. Each special facilities 2021-22 Residential Connection and Commercial Load Development Fee Analysis_DH 8 3/21/2022
agreement or substation agreement includes a representation of how the customer plans to consume capacity from the system including timing for increases in peak load. The customer’s f ee is determined by taking the calculated kVA value and multiplying it by the determined cost per kVA as specified in Table 7.

4. Commercial Facilities Dedicated 60kV – Commercial Facilities Dedicated 60kV customers have a dedicated substation built to service the customer’s facility. The customer executes a Substation agreement with the City and pays all costs of substation construction including design and engineering. Once the substation is constructed, SVP owns and operates the system to the 60kV level prior to the power transformation. This fee would also be applied to Dedicated 60kV customers who need to purchase interim power needed prior to the execution of a Substation Agreement and construction. Each special facilities agreement or substation agreement includes a representation of how new customers plan to consume capacity from the system including timing for increases in peak load. The customer’s f ee is determined by taking the calculated kVA value and multiplying it by the determined cost per kVA specified in Table 7.

Proposed Fees
Table 7 summarizes all proposed new and updated fees by category. Fees are based on the amounts and calculations described in Table 6 - System Category Average Costs per kVA . This method of calculating the Residential Connection Fee and Load Development Fee allows for an average cost to be applied to residential connection and commercial load development fees based on the costs of the necessary capital infrastructure improvements needed to support increased customer load. System category average costs per kVA from Table 6 were layered in Table 7 below based on the overall system impact. For example, residential fees do not include transmission costs as they have a minimal impact on the overall system. The transmission system has existing capacity that can accommodate ‘New’ Commercial load at or below 12kV and residential customers. The transmission system is primarily impacted by large customers.

Table 7 – Proposed Fees

Customer Fee System
Category*
kVA per
customer
kVA Fee
per Unit Fee**
OH – Res Conn/New Single Fam N/A N/A N/A $ 1,197.16
OH – Res Conn/New Multiple Fam N/A N/A N/A $ 736.24
UG – Res Conn/New Single Fam (2), (3), (4) 4.0 $ 609.07 $ 2,436.28 UG – Res Conn/New Multiple Fam (2), (3), (4) 3.4 $ 609.07 $ 2,070,84 Com Facilities <12kV (2), (3), (4) 1.0 $ 609.07 $ 609.07 Com Facilities 12kV (2), (3) 1.0 $ 508.94 $ 508.94 Com Facilities – Dedicated 12kV*** (1) 1.0 $ 391.85 $ 391.85 Com Facilities – Dedicated 60kV (1) 1.0 $ 348.99 $ 348.99

*This column references system categories of fees from Table 6 that are applied to each Customer Fee and used to calculate the kVA fee per unit.

**OH/UG Residential Connection fees are Per Lot/Unit while the Commercial Fees are charged per KVA.

*** For this Customer Fee, the cost of one (1) transformer in the amount of $42.86 has been added to the kVA fee per unit. This recovers the cost of the dedicated transformer that the Electric Utility maintains for this customer class.
2021-22 Residential Connection and Commercial Load Development Fee Analysis_DH 9 3/21/2022
Summary – Fee Comparison
The following table represent a summary of the proposed fees vs. current fees.

Table 8: Fee Comparison

Customer Type
Proposed
Fee Unit
Current
kVA fee
Percent
Change
Overhead Lines – Res Conn/New Single Fam $ 1,197.16 Per Lot $ 1,197.16 0.00% Overhead Lines – Res Conn/New Multiple Fam $ 736.24 Per Unit $ 736.24 0.00% Underground – Res Conn/New Single Fam $ 2,436.28 Per Lot $ 1,764.70 38.06% Underground – Res Conn/New Multiple Fam $ 2,070.84 Per Unit $ 1,573.68 31.59% Commercial Facilities <12kV $ 609.07 Per kVA $ 141.63 330.04% Commercial Facilities 12kV $ 508.94 Per kVA $ 141.63 259.34% Commercial Facilities Customer Dedicated 12kV $ 391.85 Per kVA $ 240.03 63.25% Commercial Facilities Customer Dedicated 60kV $ 348.99 Per kVA $ 240.03 45.39%

Table 9: Current Load Development Fees – Phased Out

Customer Type
Proposed
Fee Unit
Current
kVA fee*
Percent
Change
Load Development Fees – Tier 1* $ 348.99 Per kVA $ 141.63 146.41% Load Development Fees – Tier 2* $ 697.98 Per kVA $ 240.03 190.79% *Tier 1 and Tier 2 fees are only used when they are referenced in an executed substation agreement and will be phased out. All other substation agreements will reference the applicable Load Development Fee in Table 8.

City of Santa Clara Notice of Public Hearing
Resolution Amending the City of Santa Clara Municipal Fee Schedule to Update Connection Fees and add Load Development Fees Notice is hereby given that the City Council of the City of Santa Clara has determined and fixed its regularly scheduled meeting of April 5, 2022 at 6:00 p.m., or as soon thereafter as the matter may be heard held virtually via Zoom as the location, date and time to conduct a public hearing to receive comment on the proposed adoption of a Resolution amending the City of Santa Clara Municipal Fee Schedule to update Connection Fees and add Load Development Fees. These fees are to recover expenses for infrastructure improvements needed to support peak load growth within Silicon Valley Power’s (SVP) distribution and transmission system that serves as the backbone to SVP’s Bulk Electric System (BES).

The fees include the average costs to connect a customer to the BES.

Questions about the Connection and Load Development Fees should be addressed to Robert Valentukonis, Electric Division Manager, 881 Martin Ave, Santa Clara, California, 95050; telephone (408) 615-6657. At least 10 days prior to the hearing, the Load Development Fees and data indicating the amount of cost required to provide the service for which the fee is levied, will be available for review at City of Santa Clara City Clerk’s Office at 1500 Warburton Avenue, Santa Clara, California, 95050 and on-line at www.siliconvalleypower.com.
• Consistent with Government Code Section 54953(e) and City of Santa Clara Resolution No. 22- 9058, the City of Santa Clara has implemented methods for the public to participate remotely:
o Via Zoom:
 Meeting ID: 997-0675-9306
 Joining via computer, visit https://zoom.us/join
• To address the Council on an agenda item, click “raise hand.”  Joining via phone: 1-669-900-6833
• To address the Council on an agenda item, hit *9 on the phone. o Via the City’s eComment (available during the meeting) o Via email to [email protected]
• As usual, the public can view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Americans with Disabilities Act (ADA)
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408- 615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability- related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Please see the above-mentioned options citizens may participate in the upcoming hearing. Submit written and/or oral comments directly to the City Clerk, 1500 Warburton Avenue, Santa Clara, California, 95050; telephone (408) 615-2220.

Nora Pimentel, Assistant City Clerk

Resolution/New & Updated Connection & Load Development Fees for SVP Effective July 1, 2022 Page 1 of 4 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

TO INCLUDE NEW AND UPDATED CONNECTION AND LOAD

DEVELOPMENT FEES FOR THE ELECTRIC UTILITY IN THE
MUNICIPAL FEE SCHEDULE EFFECTIVE JULY 1, 2022

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara’s Electric Department, Silicon Valley Power (SVP) is responsible for maintaining, replacing, and adding distribution and transmission infrastructure to support existing and new energy Peak load for its customers; WHEREAS, on September 28, 2021, the City Council accepted a report on the Three- Year Growth Plan Strategy outlining significant projects needed to support anticipated 1125MW system energy peak in 2031;
WHEREAS, SVP conducted a Residential Connection & Commercial Load Development Fee Analysis to evaluate infrastructure total costs given estimated system growth pr ojections based on projects approved through SVP’s Project Clearance Committee (PCC) and ongoing negotiations of special facilities agreements or substation agreements with large customers; WHEREAS, on November 13, 2021, SVP hosted an outreach meeting regarding the proposed Connection and Load Development Fees;
WHEREAS, SVP prepared a report entitled “Fiscal Year 2021/2022 Residential Connection & Commercial Load Development Fee Analysis” (the “Study”); WHEREAS, on March 23, 2022 and March 30, 2022, SVP published a notice of a public hearing to establish the new fees for April 5, 2022, in the Weekly, a newspaper of general circulation in the City;
WHEREAS, on March 25, 2022, the data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied was made available to the public by placing a copy of the Study on file in the City Clerk ’s office; and WHEREAS, on April 5, 2022, the City Council held a public hearing to consider the adoption of Resolution/New & Updated Connection & Load Development Fees for SVP Effective July 1, 2022 Page 2 of 4 Rev: 11/22/17
the fee, at which time all interested persons were given an opportunity to give testimony and present evidence, both in support of and in opposition to the proposed fee.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. Adoption of Fees, Rates and Charges. The fees, rates, and charges (hereinafter collectively, "fees") contained in the document entitled "PROPOSED NEW AND UPDATED

CONNECTION AND LOAD DEVELOPMENT FEES FOR ELECTRIC UTILITY EFFECTIVE JULY 1, 2022" are hereby adopted and are to be incorporated in the "CITY OF SANTA CLARA 2022/23 MUNICIPAL FEE SCHEDULE." The fees so charged do not exceed the estimated reasonable costs of providing the services for which the fees are imposed and are fair and equitable in nature. The fee schedule also indicates how each fee is not a tax by referencing all applicable exceptions to Cal. Constitution, Article XIIIC that apply. Generally, the following types of charges are not taxes: (1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege; (2) A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product; (3) A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof; (4) A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property; (5) A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law; (6) A charge imposed as a condition of Resolution/New & Updated Connection & Load Development Fees for SVP Effective July 1, 2022 Page 3 of 4 Rev: 11/22/17
property development; (7) Assessments and property-related fees imposed in accordance with the provisions of Article XIIID.

3. The adoption of the fee is based upon the following findings:

A. As required by Government Code Section 66001(a)(1), the Study proposed updating and expanding the Connection and Load Development Fees to recover costs associated with customers connecting to SVP’s distribution and transmission system; B. As required by Government Code Section 66001(a)(2), the Study identifie d specific projects for which the Fee will be used, based on the type of land use and anticipated electricity usage;
C. As required by Government Code Section 66001(a)(3), the Study identified a reasonable relationship between the Fee’s use and development projects on which the Fee will be imposed, because the Fee will be used for capital improvement projects necessary to cover distribution and transmission expenses to accommodate the anticipated growth; D. As required by Government Code Section 66001(a)( 4), the Study identified a reasonable relationship between the need for the ident ified improvements and the development projects on which the Fee will be imposed, because such development projects will generate electricity demand that the existing system is not able to accommodate without additional expansion; and
E. As required by Government Code Section 66001(b), the Study demonstrated how there is a reasonable relationship between th e amount of the fee and the cost of the public facility or portion of the public facility attributable to the developments on which the fee is imposed.

4. Load Development Tier 1 and Tier 2. Load Development Tier 1 and Tier 2 fees are only used when referenced in an executed substation agreement and will be phased out.

5. Effect of Fees Prior to effective Date of Resolution. This Resolution shall not be construed so as to affect any fee or charge payable or paid under any applicable fee schedule Resolution/New & Updated Connection & Load Development Fees for SVP Effective July 1, 2022 Page 4 of 4 Rev: 11/22/17
operative prior to the effective date of this Resolution.

6. Challenge to Fees. In the event of any challenge to any increased fee adopted herein, including any challenge pursuant to Cal. Constitution, Arti cle XIIIC, the formerly adopted fee as stated in the "CITY OF SANTA CLARA 2021/22 MUNICIPAL FEE SCHEDULE" shall then be in effect unless and until the challenged fee becomes effective.

7. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022 , BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Proposed New and Updated Connection and Load Development Fees for Electric Utility Effective July 1, 2022 SUBMITTED BY DEPARTMENT / DIVISION:

ELECTRIC UTILITY RESOLUTION NUMBER: APPROVED:

CHARGING DATE FEE

TECHNOLOGY DEPT / DIV LAST CHANGED
FEE (3.37%) --------- ORDINANCE PROPOSED NEW
DESCRIPTION OF APPLIES COLLECTING NUMBER & DATE OR REVISED FEE Percent FEE , RATE OR CHARGE (Yes or No) DEPT / DIV (if applicable) COMMENTS 2022-23 Change Overhead Lines - New $ 1,197.16 No Charged By: Date: 6/22/2021 Objective: Recover Cost $ 1,235.61 3.2% Single Family/Residential per lot Electric per lot
R. No.: 21-8981 Prop 26 Exception: 1,2,6
Collected By: R. Date: 6/22/2021
Finance
Full Cost: 1,235.61$
Overhead Lines - New $ 736.24 No Charged By: Date: 6/22/2021 Objective: Recover Cost $ 759.88 3.2% Multiple Units per unit Electric per unit
R. No.: 21-8981 Prop 26 Exception: 1,2,6
Collected By: R. Date: 6/22/2021
Finance
Full Cost: 759.88$
Underground - New $ 1,764.70 No Charged By: Date: 6/22/2021 Objective: Recover Cost $ 2,436.28 38.1% Single Family/Residential per lot Electric per lot
R. No.: 21-8981 Prop 26 Exception: 1,2,6
Collected By: R. Date: 6/22/2021
Finance
Full Cost: See Comments
Underground - New $ 1,573.68 No Charged By: Date: 6/22/2021 Objective: Recover Cost $ 2,070.84 31.6% Multiple Units/Residential per unit Electric per unit
R. No.: 21-8981 Prop 26 Exception: 1,2,6
Collected By: R. Date: 6/22/2021
Finance
Full Cost: See Comments

CITY OF SANTA CLARA MUNICIPAL FEE SCHEDULE

FULL COST FACTOR

FEE DETAIL

OBJECTIVE
PROP 26 EXCEPTION
(SEE READER'S GUIDE)

CURRENT
FEE
and
PERIOD

PROPOSED NEW AND UPDATED CONNECTION AND LOAD DEVELOPMENT FEES FOR ELECTRIC UTILITY EFFECTIVE JULY 1, 2022
SUBMITTED BY DEPARTMENT / DIVISION:

ELECTRIC UTILITY RESOLUTION NUMBER: APPROVED:

CHARGING DATE FEE

CITY OF SANTA CLARA MUNICIPAL FEE SCHEDULE

FULL COST FACTOR

FEE DETAIL

OBJECTIVE
PROP 26 EXCEPTION
(SEE READER'S GUIDE)

CURRENT
FEE
and
PERIOD

PROPOSED NEW AND UPDATED CONNECTION AND LOAD DEVELOPMENT FEES FOR ELECTRIC UTILITY EFFECTIVE JULY 1, 2022
Load Development $ 141.63 No Charged By: Date: 6/22/2021 Objective: Recover Cost 1st Tier Fee: Up to 4,500 KVA $ 348.99 146.4% per kVA Electric per kVA
Up to 4,500 kVA R. No.: 21-8981 Prop 26 Exception: 6 2nd Tier Fee: > 4,500 KVA Up to 4,500 kVA Collected By: R. Date: 6/22/2021
$ 240.03 No Finance $ 697.98 190.8%
per kVA per kVA
> 4,500 kVA > 4,500 kVA
Full Cost: See Comments
Load Development Charged By: Date: 6/22/2021 Objective: Recover Cost Commercial Facilities < 12kV and Commercial Facilities < 12kV $ 141.63 No Electric Commercial Facilities 12kV $ 243.63 72.0% per kVA R. No.: 21-8981 Prop 26 Exception: 6 anticipated to follow a four year per kVA Collected By: R. Date: 6/22/2021 phase-in pattern
Commercial Facilities 12kV $ 141.63 No Finance 7/1/2022: 40% $ 203.58 43.7% per kVA 7/1/2023: 60% per kVA
7/1/2024: 80%
Customer Facilities $ 240.03 No 7/1/2025: 100% $ 391.85 63.3% Dedicated 12kV per kVA per kVA
Customer Facilities $ 240.03 No $ 348.99 45.4%
Dedicated 60kV per kVA Full Cost: See Comments per kVA
These fees are only to be used when they
are referenced in an executed substation
agreement and will be phased out. All other
substation agreements will reference the
applicable Load Development Fee.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-109 Agenda Date: 4/5/2022

REPORT TO COUNCIL

SUBJECT
Action on Written Petition Regarding Responsibility of a Sound Wall Adjacent to Pruneridge Avenue in the Laurel Park East Neighborhood

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On October 25 and November 8, 2021, a resident of the Laurel Park East neighborhood (Neighborhood) at Tract 5766 sent letters to the City with a request that the City repair and maintain an existing sound wall bordering the Neighborhood along Pruneridge Avenue. The City reviewed these letters and provided a response on November 15, 2021 that maintenance of the sound wall is the responsibility of the adjacent property owner(s).

The City Clerk’s Office also received a Written Petition (Attachment 1) on November 15, 2021, requesting to place an agenda item on a future council meeting to consider the City taking on maintenance responsibilities of this sound wall per Council Policy 030 - Adding an Item on the Agenda. The Written Petition was discussed at the December 7, 2021 City Council meeting as Agenda Item 1A (RTC #21-1628) and Council approved a motion to place the discussion of the sound wall on the agenda of a future meeting.

DISCUSSION
In the late 1970’s, the City approved a 131 single-family residential development, also known as Tract 5766 Laurel Park East, on 26.8 acres at the southwest corner of Pruneridge Avenue and San Tomas Expressway. As a part of the development, a 6-foot masonry sound wall was included and constructed along Pruneridge Avenue.

On March 30, 1976, the developer for the project and the City entered into a Property Development Agreement for Tract 5766 (Attachment 2). On page 8 of the Property Development Agreement, Special Provision No. 2 states that “Developer shall construct a masonry noise abatement wall… along the Pruneridge Avenue frontage… The masonry noise abatement wall shall be located adjacent to and on the private ownership side of the property line. Maintenance of the masonry noise abatement wall shall be the responsibility of the property owner(s) upon whose property the wall is located.”
Furthermore, the document states “this responsibility shall be disclosed to the property owner(s) by inclusion of the following paragraph in the Declaration of Restriction for Tract No. 5766:
‘Noise Abatement Wall. Upon said lots 47, 48 and 50 through 70 inclusive of lot 1 there has City of Santa Clara Printed on 3/31/2022Page 1 of 3
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22-109 Agenda Date: 4/5/2022
been constructed a masonry noise abatement wall in lieu of a fence along the rear property line or side property line of said lot 1. The maintenance of said masonry wall shall be the sole responsibility of each property owner upon whose property said wall is located. Said property owner shall bear all costs and expense for the maintenance, repair and/or replacement of that portion of said wall that is located on such property owner’s lot.’” The City also reviewed the public street record drawings for the Neighborhood which indicate that the wall along Pruneridge Avenue is within private property while the wall along San Tomas Expressway is within the County of Santa Clara right-of-way. The City coordinated with the County and confirmed that the County is responsible for the maintenance of the portion of wall within County right-of-way.

The County also confirmed that the County does not maintain any portion of the wall that is outside of County right-of-way.

Based on this information, the City confirmed that the existing masonry sound wall on the southside of Pruneridge Avenue (east of San Tomas Expressway) is on private property and is the maintenance responsibility of the adjacent property owners of Tract 5766 (Laurel Park East). This information, including a copy of the 1976 Property Development Agreement was provided as a response to the October 25 and November 8, 2021 letters.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.

FISCAL IMPACT
There is no fiscal impact associated with this report other than administrative staff time. If Council decides that the City should take over responsibility of the private wall from the property owners, then additional money and staff time will be required which will be dependent on Council’s specific direction.

COORDINATION
This report was coordinated between the City Attorney’s Office and the City Manager’s Office.

ALTERNATIVES

1. Close the petition and take no further action which upholds the terms of the Property Development Agreement for Tract 5766 requiring the property owners to bear all costs and expense for the maintenance, repair and/or replacement of the portion of the sound wall that is located on private property.

2. Provide other direction to City staff related to the maintenance and repair of the existing sound wall on private property.

City of Santa Clara Printed on 3/31/2022Page 2 of 3
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22-109 Agenda Date: 4/5/2022

RECOMMENDATION
Alternative : 1. Close the petition and take no further action which upholds the terms of the Property Development Agreement for Tract 5766 requiring the property owners to bear all costs and expense for the maintenance, repair and/or replacement of the portion of the sound wall that is located on private property.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager

ATTACHMENTS

1. Written Petition dated November 15, 2021

2. Property Development Agreement for Tract 5766
City of Santa Clara Printed on 3/31/2022Page 3 of 3
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City of
Santa Clara
fh:• Ct.•:it,.r ot Wh ,1'. ' . P:.>-;..-,;t~k•

CITY COUNCIL WRITTEN PETITION
Please provide the information requested below. When complete, please submit to the City Clerk's Office, 1500 Warburton Avenue, Santa Clara, CA 95050. A /. +" Date: /Vu\/ ,s - ~(JJ, I
I, :::s-i\«eo ~il f1Z.S am hereby requesting to be placed on the Santa Clara City Council Agenda for the following purpose:

TH6 ~~~o~,v,-s '&J~£fU'vCr ?g.u,,.~it;OK fr./2tVv.~ -:r.,.; TH"- Ltwne.1- ri\ltt i:N.T Ne.r&)iC2AltHdd,Q Me IZ.6<1.v.-.a,p..,<,- n-+Ptx T~it ci:.,.y 4l!Mtc,r.L ,N)t\.ce: /\- Pot.-:i::Gy oecrs.o=u.v 10 STAH• 1tECAMl"\i21\/£11\1r.,,.., bl\Jf:l Ms1.v'\'! ~--~ftJA.:t P.,rc.:s:-ry MM nt~ \J'IN.'.>~1.~ AA}{) vllr,\f(y~(?il'-45 64\l"'~ \Vl\t.l ~IC,l".y¼. O½\tl. ()Rc'.Je;'.ar.r,s. :Di§. ~"""'~ vJ/lu... l'.'ia. C.L,A.11.Ly i>PtnT of TKE. .MIAN't<'.JPM.. P-iJfl.owA-t .r..,i:q.,.6l'\Ac.rAfl£ two 6~1ML{) Ge f'u<,.~~1,y ,v'Jfl..r.,..rfl,,.,..lr'O ey nie t:rry srae:,;,r Oi?i?Mr,...,e:::vr: 8£M't1 see A::r:rAo:tr;:o Q.)llf\SSpwt?e,lc.e:

I understand that it is important that I attend the meeting in the event there are any questions the Council wishes to ask me
Signed:

NAME: (S'°~t{(f.\) f)~n~«s
ADDREss: 2b4} G-~l\~LIN" 0as.ve.

Street
City Zip Code
TELEPHONE:" f../(J 8 -2.iJ5 -'f ('.I(} t --------------0 pt ion a I *NOTE: This is a public document. If your telephone number is unlisted or if you do not want it to be public, please provide an alternate number where you can be reached.

S:\CityClerk\FORMS AND INFORMATION FOR STAFF USE\Written Petition Form - 2016.doc To: Anthony J. Becker October 25th, 2021
City of Santa Clara Councilmember District #6
From: Jared Peters
2647 Gamblin Drive, Santa Clara, CA 95051
(408) 205-4007
CC: Lisa M. Gillmor - City of Santa Clara Mayor
Deanna J. Santana - City Manager
Craig Mobeck - Director of Public Works
Sue Ruter-Acting City Attorney
Brandon Coco -Associate Engineer
Subject: Dangerous Concrete Municipal Sound Wall (2500-2700 Pruneridge Avenue) Dear Council member Becker,
The Santa Clara Residents backing Prune ridge Avenue in the "Laurel Park East" development on Gamblin Drive need your assistance to navigate the City's policies regarding a dilapidated and dangerous concrete Sound Wall bordering our neighborhood. In the past three years, without external causes, several 16-foot sections of the concrete sound wall have fallen "out of the blue" and crashed to the ground. Each one of these 16-foot sections weighs ~2.4 tons and there are over 800 linear feet of this precariously oriented sound wall along Pruneridge Avenue backing our properties (see photos attached).

At this point, the City's Engineering Office has initially determined that the sound wall was built outside the developer dedicated right-of-way, and therefore the sound wall is the responsibility of the individual property owners. The City's Engineering Office has taken this position without any historical knowledge of the original 1976 Sub-division Developer/City of Santa Clara Agreement which would have defined the municipal sound wall maintenance and responsibility.

Based on the following, the Gamblin Drive property owners backing Pruneridge Avenue disagree with the City's current interpretation of responsibility and request that the City take action to reassess this determination and then remedy this dangerous situation. • Precedent -The County of Santa Clara, on two separate occasions, has removed and repaired fallen or damaged sections of the connecting Precast Concrete Sound Wall (on Pruneridge Avenue); without assigning responsibility to the property owner. • Precedent-The City of Santa Clara removed and disposed of a 16-foot section of the sound wall after it had fallen and replaced it with temporary fencing. • Ongoing Maintenance Responsibility - The City of Santa Clara maintains the developer dedicated Pruneridge Avenue right-of-way landscaping, watering infrastructure, and re-paints the concrete sound wall to coverup graffiti.
• Municipal Sound Wall vs. Residential Fence - The Pruneridge Avenue Precast Concrete Sound Wall is seemingly part of the Pruneridge Avenue Municipal Roadway Infrastructure. The City of Santa Clara Planning Dept. approved the design and installation of an industrial precast concrete sound wall; impacted property owners would not have ability to replace or repair these types of structures. Also, the concrete panels have been installed without regard to the abutting property lines; meaning the individual 16-foot sections share adjacent property boundaries.

Myself and the following list of Laurel Park East residents whose properties abut the Pruneridge Avenue concrete sound wall seek assistance from the City of Santa Clara to resolve this problem. Your valued representation and involvement in addressing this matter is greatly appreciated.

Be<:;:?&1?k
Jared Peters
Sarabhjit Grewal
2698 Gamblin Drive
C&.P~
Jared Peters
2647 Gamblin Drive
~if~
2633 Gamblin Drive
fJ·1~
Padmavalli Dakoju
2617 Gamblin Drive
Donald Wieland
2657 Gamblin Drive
~~
Viral Shah
2643 Gamblin Drive
1A-JX ~
M~nd~ Khroad
2627 Gamblin Drive
Shantanu Gupta
2613 Gamblin Drive
2653 Gamblin Drive
~
Sachin Bahadur
2637 Gamblin Drive

6.=-
2623 Gamblin Drive
~.~
2607 Gamblin Drive

To: Anthony J. Becker November 8th, 2021
City of Santa Clara Councilmember District #6
From: Jared Peters
2647 Gamblin Drive, Santa Clara, CA 95051
(408) 205-4007
CC: Lisa M. Gillmor - City of Santa Clara Mayor
Deanna J. Santana - City Manager
Craig Mobeck- Director of Public Works
Sue Ruter - Acting City Attorney
Brandon Coco -Associate Engineer
Subject: Unstable Concrete Sound Wall (2500-2700 Pruneridge Avenue} Dear Councilmember Becker,
Thank you for getting involved and advocating for a solution with the unstable sound wall bordering our neighborhood. Unfortunately, the response from City Staff regarding the maintenance and responsibility of the sound wall was a duplication of previous communications and fails to address relevant precedent established by both the City of Santa Clara and the County of Santa Clara.

Please allow me to reiterate these points in an attempt to get the City committed to remedy this situation before more sections of the sound wall fall and potentially injure someone.

1. The County of Santa Clara removed and replaced four sections of the concrete sound wall on Pruneridge Avenue (not San Tomas Expressway) that had fallen over or were deemed unstable.

This portion of the replaced sound wait was on residential property, lots 59 & 60 and not in a dedicated easement. The County of Santa Clara did this without assigning responsibility to the property owner.

2. For the Laurel Park East Development in 1976, the City of Santa Clara approved the original design and installation of an industrial pre-cast concrete sound wal! boarding the neighborhood.

Even though this sound wall is located on residential property this type of infrastructure is clearly part of the Pruneridge Avenue municipal roadway and cannot be considered a residential fence that home owners could maintain by themselves. Additionally, the City of Santa Clara removed a fallen section of the wait, installing a temporary fence and the City also regularly paints the wall to remove graffiti.

Mr. Becker, we need your help to elevate a discussion above City Staff to remedy this dangerous situation. Is it possible to make this an Agenda Item for a future Council Meeting to move the discussion forward? Your valued representation and involvement in addressing this matter is greatly appreciated.

Best Regards,
gr2t:_, MAJ
Jared Peters

M E M D U M

CITY OF SANTA CLARA
D4Tls Karch 25, 1976
TOi 1 {'r, fl . CI ty Kanager
Director of Public Works/City Engineer FROKs
SUBJECT: Tract No. 5766 (Laurel Park East): Approval of PrgpeitY Development Agreement and Final Hap
Developer: Ditz Crane
This 20.4 {net) acre subdivision, co111>risin9 106 RI-BL Lots, is located at the south west r.orner of Pruneridge Avenue and San Tomas Expressway. On December 30, 1975, the City Council approved the Tentative Map for this Tract. The Final MaF has been re viewed by staff and Is in conformance with the conditions of approval of the Tenta tive Map.

A Property Development Agreement has been prepared by staff and executed by the developer, Ditz Crane. All fe :s have been paid and all bones posted in accordance with said Agreement.

Special Provisions have been incorporated in the Agreement per the ~foresaid conditions of approval and include the following:

I. Developer shall construct a masonry noise abat ement w 11 along the Pr uner idge Avenue and San Tomas Expressway frontag e. Ma i ntenanc e of sa id wall shall be the res ponsib i lity of property owner.

2. All electric facilities shall be underground.

3. Design of the storm drain system must provide adequate pro tection from a storm of 10-year occurrence.

All other Items of said Agreement are usual to this type of development. A copy of the Property Development Agreement and the Final Hap will be placed in the Council offices for review prior to Council Meeting.

It is, therefore, reconrnended that the City Council approve the above described Property Development Agreement and Final Map and authorize the execution thereof. ~ c-a ~R,
~sslstant Direc eT f Public Works
/ Approved:

Dbf Public Works
•

RECEIPT

CITY OF SANTA CLARA

COLLECTOR'S OFFICE
CtJSTO~-!CR'S COPY
•
No. 9733
' ' L- I
• • EJM:111f

PROPERTY DEVELOPMENT AGREEMENT

AGREEMENT FOR EIITENSIONS OF ELECTRIC ANO WATER DISTRIBUTION SV~TEMS; IMPROVEKENT OF STREETS; INSTALLATION OF SEWERS, STORM ORAl~S ANO OTHER PUBLIC WORKS FACILITIES
THIS AG m1de •nd entered Into this 1d' day of __ ,11M11,111,..ffib1..W1o""-----• 19...zL, by and between the City of Santa Clara, a munlclp•I corpor•tlon, herein c•ll•d 11 Clty 1 ancl PIJ1 CRANE, 2295 P• L! cruz IPYltvtcd, s,oc• c11c•- c,11t0 cal1 , a real property owner or developt:r , herein calli,d "Developer",

W I T N E S S E T H
WHEREAS, a f nal m.,p of subdivision, record of survey, or bul ld lng permi t (Site Clear ,ance) appl lcat lon has now been subml tted to the City for approval al"d acceptance, covering cert3in rejl estate known as and call~d:
_____ T_M_C_T_NO_,_S7_6_6 __ (LA_UR_E_L_PA_R_K_EA_ST __ ) ______________ ; and WHEREAS, the Deve loper ,equi e certain utlllt,es and public works fac i lities In order to service prope ~t v under the minimum SLandards established by the City; and WHEREAS, the: Ci ty, by and thrcugh ils Ci ty Ccunc l I, has e nacted certain Codes, Ord inances and Re~olutions and certair Rules and Regulat ions have been promulgated concerning the subj ect matLer of this Agreement; and
WHEREAS, the Ci ty has c rt•ln responsibil i ties for maintenance and operation of 1uch utll ltles and publ ic service facl II t ies aft~r acceptance by City, and for pro viding the necessary connecting system, general plant and appurtenances , and the Ci ty Is agreeing to discharge those responsibilit ies ;
NOW, THEREFORE, In consideration of the pro ses and In order to carry out the Intent and purpose of said Codes, Ordinances, Resolutions and Regulat ions, It Is agreed by and between the parties as fol lows:

SECTION I
That all codes, ordin ances, resolutions, rules and regulations and esta~, ished pol ici es of the City and the laws of the State of California concerning the subject mat ter and th is agree nt are 11.!reby referred to and incorporated here in to the same effect as I f they were set out at l engt h herein, Said codes, ord inances and regulations I elude, but are not l imi ted to, the follow i ng: The Code of the Ci ty of Santa Clara (lncludlnf but not ll"'lt ed to Ch pters 5, 16, 21A and 26 the reof, p1:na ln ng to adopt ing unifor m bu i Id Ing code, I oca I I mp rove nt p roe du res, pr ope r t y deve I opments, and s ubd Iv i I on ru I es and reguldt ion ), respec t ively ); Ord1 nee No. IZoti (Zoo lng Ordlna rc e) ; rult1) and regula• t i n . hat a 11 1st b d CC. ,plli;I din accord an wi th Cit ppr o d spec i ficat ion• CE I 017 2) • I• Tr Ho. 5766
, 176
)/2 176
_.. . .
• •
for public works and lmproven~nt~, Including but not limited to P•r•graphs P & Q of Section 4 or the General Prov •~ions therefor , Included In lhe above are ell of above referenced Codes, Ord inance), R $olutlons, Regulations and Substitutions therefor, as ananded to the t ime of execution of this Agreement.

SECTION 2
The Developer agrees:
•· To perform each and every provision required oy the City to be performed by the Developer In each and every one of said Codes, Ordinances and other Regulations . b. To grant to the City without charge, free and clear of encumbrances, any and all easements and rights of way In and to his said property necessary for the City in order that Its water, e lectric i ty, and/or sewer lines In er to said real property may be extended.
c. To indemnify and hold the City harmless and free from all damage and liabl lity done to any utilitt. public f;icllity or other material or Installation of the Cit y on said real e5tote which the Developer or any contr~ ctor or subcontractor uf the Developer, or any employee thereof, shall do in grading or working upon Said real e~tate.
o To construct and improve all publ ic works facilities and other Improvements as set out here in , acco rj:n g to the standards hereto fore established, and according to the grddes, plans and spe cifica t ions thereof, all as approved by the Director of Public Works/City Engin eer: and shall furnish upon execut ion of this agreement and main:ain for t he term thereof, two (2) good and sufflc~ent bon~s. each of wh ich shal I be executed 1n t he fac amount of no less than$ 415,000.00 one of wh ich bonds shal I guarantee faithfu l perfor nee of th is agree nt and the o her said bor,d shal I secure payment to the contractor, his subcontractors and t persons renting equ ipment or furnishing labor or materials to them for the l~proveinent hereunder, and as provided for In Chapter S of the Subdivision Map Act c01111M1nclng with Section 661199 of the Government Code of the State of Callfornl ■, the Codes, Ordl11ence1, Re1olutlon1 1nd Regyletlon1 of tho City, end thla AgrMnent, e . Th t upon app roval of t he f i nal map of the subdivision, the re cord of survey or , the bu ilding permi t covering the real estate to be improved and before any work is done therein, the Developer shall pay to the City all sums, except costs to be borne by t he City, ~hown in Sect ion 7 hereof to be due under the terms and prov 1 s ions o f th Is Ag reemcnt.
f . To pay the cost of repa i rs of damages to any City utility l ine or facility withi n or adjacent to the property devel0ped under this Agree~nt wh ich has become damaged during the construction of the improvements herein un t i l sa id improve• ~nts are accepted by t he City.
g, The repa ir and correctio n of any defects or def ic ie nc ies due t o workmanship or mate ri al s wh ich are discovered within one year from date of accepta nce by the City shal I be the re spons lbl l l ty of the prcpe rty developer , Cash or an approved surety b nd in the ameunt of Fi ve Thousand ($5 ,000) Dolla rs o r Ten ( 10%) perce nt of the es ti mated cost of the improvements , wh icheve r i s less, shal I be depos i ted with thP c : ty for t he purp oses of guaranteeing that such repa irs and correct ions wi II be made upon not ifi cat ion f such de fi c iencies being made to t he devel oper.

SECTION 3
That all su~s sh n her~i n to payable by the Devel oper t o t he Cl ly are due and payable to the City upon the i:xi:cution of t his Agreement.

SECTION 4
Th t a 11 provlsi n o l this Agr t:rrent and 11 rk to be done pur~uat\l t o the l m~ of t hi~ Agr en n ar t o C t--d wi th i n on ye r r , .,nd CE2 l (717 )
te r t d le c1 nd
Tr c t N . 5766
;; t6J 6
3/24/76
. .
• •
year first above wdtt n, unleH lhe lime Is e,cpressly xtended In the Specl•I Provision• refer red to he re I nbe low.

SECTION 5
Tat tho specie! provisions concerning the particular real estate referred to above, being attached hereto, ere hereby incorporated herein end expressly made a pert of this egreement.

SECTION 6
The falch'JI and pr~t perforr111nce by the Developer of each and every term and con dition contelned herein Is made an express condition precedent to the duty of the City to perform any act in connection with this transaction, and the failure. neglect or refusal of the Developer t~ so perform, or to pay any moneys due, hereunder when due shall release the City fron any and all obligations hereunder and the City, at its election, may enforce the performance of any provision herein, or any right accruing to the City or may pursue any renedy whatsoever It may have under the laws of the State of California or the Codes, Ord lnanees, Re~olutions or Regulations of the City, in the event of an~ such default by D veloper.

SECTION 7
That the fol lowing arc the estimated amounts of costs t o be borne by the respective parties hereto, and it is further understood and agreed that sa i d amounts are estimates only and arc subject to final determination upon co~letion of the work:

FACILITY
a . Easements & Rights of Way " On Site"
See City Code Sec. 21A•l0, Table ll(a)
SEE SPECIAL PROVISION NO. I
b. E,nemenu & Rights of Way " Off Site"
Sec City Code Sec. 21A-11, Table I l(b)
NONE REQ.UIRED
c. Street Paving
See City Code Sec. 21A-12, Table ll(c)
SEE SPECIAL PROVISIONS NO. I & 2
d . Street Curbing
Se Ci ty Code Sec. 21A-12, Table II (d)
SEE SPECIAL PROVISIONS NO, I & 2
e . S Id alk:;
Se Cil y Code s~c . 21A-12, Table II( )
SEE SPECIAL PROVISION O. 2
E I (7172)

DEVELOPHENT COSTS CITY'S COSTS
$. __ ...1J.1111A11oLQ% ___ _
s ___ -.. o_-___ _
$ __ _.1 .... 00Y.--. __ _
s __ ,..\O,..Q'i..,i.._ __
$ I 00'" -------
$ ___ -... o_-___ _
s ___ -__ o_-___ _
s ___ -_o_-___ _
s ___ -_o_-___ _
Tract o. 5766
7/-t-vl-16
)/24/76
f.
g.
h.

I.
j.
k.

I .
m.
n.
o.

FACILITY
Street Nerne Signs
Se~ City Code Sec. 21A-12, Teble
SEE SPECIAL PROVISIONS N01 I, 2
Street Tree Planting
See City Code Sac. 21A-12, Table
SEE SitlCIAL PROVISION N01 )
Street 1,.lghting
See City Code Sec. 21A-20, Table
SEE SPECIAL PROVISION NO. 4
I
Electric Utllity lmprove:nents
See City Code Sec. 21A-20, Table
SEE SPECl~L PROVISION N01 4
Water Utility lmprove~nts
See City Code Sec. 21A-20, Table
SEE SPECIAL PROVISION NO. 2
San I ta ry Se..e r " Dn Si te"
See City Code Sec. 21A 21, Table
SE£ SPECIAL PROVISIONS N0 1 ~, 6
Sanitary Sew.::r 11 0ut !et Charge"
See City Code Sec. 21A-21, Table
SEE SPECIAL PROVISION NO. 6
Stor m Or Ins " On SI te"
See City Code Sec. 21A-21, Table
SEE SPECIAL PROVISIONS NO. 5, 6
Storm Or i ns " Outlet Charge"
See City Code Sec . 21A-21, Tdble
SEE SPECIAL PROVISION NO. 6
'.:hy Engineering , Inspection
See City Code Sec. 21A-6
5££ SPECIAL PROVISION NO. 7
DUE CITY BY DEVELOPER.

OUE DEVELOPER BY CITY:

C 2 IA{l/72)
•
DEVELOPf'ENT COSTS
$ 1!!5
II ( f)
$ 2,250,00
I I (g)
$ 7,137.55
11 (h)
$ 2,.~00.00
II (I)
$ 61 .~92.80
II {j)
s 24.380.00
I I {k)
$ 40. 81 o. 00
II (I)
$ 10111
11 (m)
$ 35.891.68
I I {n)
$ 14,62$.00
$213,187.03

CITY'S COSTS
$ -C,.
$ Labor f Materlel1
$ Pert Labor, Matarlel1
$ Pert Labor, Katarlela
$ Labor , Matarleh
$ -o-
$ 34.222.40
$ -o-
$ i61362.20
Engineering ,
$ Inspection Services
s 6o,881t.6o
Tract No, 5766
,tt6t76
j/24/76
•
I
. '
'
I
•

STATE OF CALIFORNIA)
COUNTY OF SANTA CLAR') SS •
On this 25th d y of March , 19 76 , before me, Kati_e_C_e_s_e ___ ,_ · -,-a----N_o_t_a_r_y_P u bl 1 e1 n and for the said County and ~tate residing therein, du~y co missioned and sworn, personally appeared Edward E, Kaltz , known to me to be the Vice President , of o· z-Crane --~,;,;.;:;..;___,.;..;;;;..;;;..,;;;,,;;~.------ ------------------------------------' the corporation that executed the within and foicgoing in trum ta kno1n to me to be I e person who executed the \'ithin instrument on behal& of said corporation therein na ed and acknowle.ged to me that such corp oration ex cut d the s m and acknowledged to me that such corpor tion execut d the !ithin in tru . n pursuant to its by-la~s or a resolution of its Board of Directors.

In ~itness W r of I h ve her unto st y h·nd nd
official seal the d~y and y r in this Certific te firs
iY.'" fi j
ov \ori ten.

Katie Cease
no for th Coun
S nta Clara S at Cal· r .i
.,
~ECTION 8
City for~ ere hereby euthodzed t im,tal I the •foreuid elec:tric:, w•t•r •nd p~r uti I lty l~rovell8nts within the pub I le: rights of w•Y •nd use11ar,ts provided or to be provided therefore, It being the finding of the City Counc:il thee suc:h work c:en be per forawd 1110re economlcelly by City •~loyees.

IN WITNESS \MEREOF, seld p•rtles have c•used these presents to be •~•cuted the d•te •nd ye•r first •bove written.

ATTEST:
/ Clerk
::_TY_O_F--SA,_i_L_C_LA_~_~.__.__ __ ___,,,_
By_]_._'1</1_~{-//._____.~/4- --d--.-' _"_•yor
' I ~/ o/frry Hanege r
FOR~ APPROVED: DITZ CRANE
..

NOTE:
~ c
By z.~...-.. ...... --,
DEVELOP£R
Edward E. nt
By _________________ _
If Developer is a corporation, the complete legal name and corporate seal of the corpor•t ion and the corporate titles of the persons signing for the corporation sh.II I appear above.

Written e•,idence of authority of person or persons executing this document on behalf of corpo ration, partners hi p, or joint venture, or ny other organization other than a so le propr ie J ship sha ll be atteched and made a part of this document.

Attach acknowledg nt o p rson or persons executing this docu nt on behalf of 1he Oeve loper.

C 2 lcJ (7172 )
Tract No. 5766
-,.1-tfrt]f3
3/24/76
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• . . • CALCULATf QNS
FII.ONTAGt: (1) 8,851.'2 FF Gross AREA: z6.777Ac. Gro11 11517.69 FF Corner Reduct ion 6. 38Jt AC. Str .. t Radue ti°" 7,333.93 FF Net (On•tlte) Z0.393 Ac. H•t
(2) 973.85 FF Along Prunerldg• (Existing Improvements)
STU[T TaU Pl.ANTI•:

IIO Tr .. , f' $12.50/TrN
STUff LIGHTING (Uftdergrouncl):

Z0.39J Ac. "$)50.00/Ac.

ELECTRIC UTILITY SEJlVICE {Underground):
106 L.CI tit $250,00/Lot
WAT£1l UTILITY IHPROVE;iEHTS:

Existing Water Maln1, 973.85 FF ft $5.SO/FF • $ S,1~6.18 On-1l te Water Kalna,7,333.93 FF~ $5.50/FF • 40,336.62
I" Weter Services, 106 Each fi'l $50.00/Each• 5,300.00
l II Weter Hcter1, I o6 Eer.h (ID$ I 00. 00/Eac:h• 1 o, 600, 00 SANITARY SEWER "ON SITE":
106 Bldg. connections f' $230.00/Conn.

SANITARY SEWER "OUTLET CHARGE":
106 Lott~ $385,00/Lot
STOAM DRAINS "OFF SITE":

20.393 Ac.~ $1,760.00/Ac,
ENGINEERING, INSPECTION:
~1/2% of $325,000,00

TOTAL DUE CITY UPON EXECUTION OF AGREEHENT
BONDS (Lebor & Katerl1l1 and Falthful Perfor1111nce):

Clvl I work
Electr ica l work
TOTAL 80k0S
OEVELOPEJl.'S CREDITS:
(1) Sanitary Sewer:

Std. Manhole, 18 Each Oil $770.00/Each • $13,860.00
811 VCP; 4,696 L.F. (iii $4.40/L.F. • 20,662.40
(2) Ston,i Oraln1:

Std. Manhole 9 Each@ $770.00/Each • $ 6,930.00
Std. Catehbasln 10 Each (ii) $530.00/Ea.• 5,300.00
12" RCP, I, 749 L.F. $4,8 0/L.F. • 8,395.20
15" RCP, 538 L.F. (,i') $6.0 0/L.F. • 3,228.0 0
27" RCP, 193 L.F, $13.00/L.F. 2,509.00
Approximate amount due Devel oper ,ftor acceptance, (To be revised t o re I c:t actu I quant ltle1 & cost s).

W1
2,250.00
7, I 3i. 5S
26,500.00
61,592.80
24,380.00
40,810.00
35,891.68
11+ 1625. 00
$213, ·187 .03
$325,000.00

90.000.00
$4 15,000.00
$ ]4,522,40
$ 26,llf.20
$ 60,8 ,60
Tr ct NO. 5 766
mm:
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SPECIAL fflQVISIQNS

SPECIAL PROVISION NO,
I. Oeveloper 11 required to dedicate to th• City of San• Ciera, In conjunction with th• recordetlon of the Tract Kap, th• follawlng:
(•) All lnternel street rlght1•of•11111y and the required corner return,. (b) Public Utility Ee1aNnt1 that are required by the Electrlc Oepertment to provide underground electric str .. t llghtlng and service foci II ties t? thl I Tract.

2. Developer 11 also required to rM10ve ul1tlng privet• easenents which lie within the proposed street rlghts•of•.ay, end file 10111 report In ai:cordance with tiMI Uniform Bui ldlng Code prior to th• recordatlon of the Tract "■ p,

3. Developer shall su.bmlt for City revlw and approval, plans for public Improve• ments In accordance with City standard procedur ...

All of the above requirements (lt.ns I thru 3) shall be satisfied prior to the Mecutlon of this ogreM1ent and IHL.r,-:e of the gredlng or bul ldlng permit.

4. AddltlOnel Public Utl llty £esM1ents ttwt shel l be requlr~d leter to provide this development with utility services shall be dedlceted to City at the time of service req~~sts.

S. Any relocetlon of existing public feel lltles affected by this development shell be rnede at Developer's Mpanse, with the pceptlon of existing street n..ie signs which wl ll be relocated at City u:pense.

6. Fl 11, cop, end 1ul any existing w.111 In a cordanco with the County Health Department requlraNntl.

7. Work along San Tomes Expressway 1hall be In ecGorden;e •wlth the requirement, of the County o, Senta C lera end the fol lowing: ·
(a) Obtain encra.ctvnent permit from the County prior to start of any grading or construction work.
(b) Coordlnale landscaping end access denial fencing with the County to ensure proper lnstollatlon end maintenance.
(c) Masonry noise abatement wells shell be constructed along the San Tanas Expressway frontage. The County wl 11 reimburse the Dev loper the cost of a County standard chain llnk fence for the same frontage leng th, Ex is ting fence materlo!s shall be disposed of In accordance with Instructions fr001 the County.

8. Prior to the start of any building construction, Developer shall coordinate with the City Water Depart ment to ensure that fire hydrants are lnstal led and operat ional within 350 feet of any combustible construction.

9. In eccordonce wl th Section ZIA-25 ofthe Cl ty Code, Developer shal I reimburse the City for the cost of existing street Improvements, consisting of, but not limit ed to, curb&. gutter, pavC1111ent, and water mains Installed by the City along th• whole Prunerldge Aven~e front age,
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Tr.i c:t NO. 5766
3/24/7
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SPECIAL PROVISION ..0, 2:

Developer Is required to construct to City standards full•wldth Improvements for all Streett within thlt Tract 5766, oxcept thilt only half-street ll'IProvo monts fr0fltln9 lh ' 1 development along Buckingham Orlvo shall be Installed.

Said construction shell consist of, but Is not limited to, pavement, curb, gutter, tldewalk, storm drain, sanl ary ,..,.r, ttreet "_,,.. signs, electric power and street light ducts, alld the required conforms. D•wloper lhall be reimbursed for the lnstalletion of sanitary 1.,er1 and storm drains within the public rlghts•of-.,.y as stipulated In Speclal Provl1lon No . 6, Prior to any grading work, Developer shall secure from the City the required grading peml t,
Developer 1hal I construct a masonry nolH abatement wal I together with lalld• sc:.plng, Including an autcnatlc Irrigation 1y1t• along the Prunerldge Avenue frontag-.to the satisfaction of the Director of Public Works/City Engineer.

The •sonry nolae abatament wall shall be located adjacent to and on the private ownership side of the property line.

Maintenance of the 111asonry nolH abetnanl wall shall b• the responsibility of the pro perty owner(1) upon whose property the wll 11 located. This responslblllty 1hall be di sc losed to the property owner(s) by Inclusion of the fol lowing para9raph In the Declarat len of Restrictions for Tract No. 5766:
"Noise Abatement Wa l I. Upon said Iott 47, Jt8 and 50 through 70 Inclusive and lot I there his bMn constructed a masonrt noise •batement wall In lieu of a fence a long the r .. , property llne or side property llne of sa id lot I, The maintenance of said ""sonry -11 shal l be the sole respon1lbl llty of each property owner upon whose property said wall Is located. Said property owner sh•I I bear a ll costs and exp.,,e for the maintenance, rep•lr •lldlor rep lacement of that portion of aald 111811 th•t 11 located on such property ownera lot. "
SPECIAL PROVISION NO. 3:

Street trees shall be furnished •nd planted by City along the street front•ge of this development at approximately fifty (S0 1 ) feet on centers, requiring 180 trMs. Developer shall pay City Twelve Dollars and Fifty Cents ($12,50) for each tree planted by City. Selection of trees 1hall be 11111de from the tree 11st approved by the Street Superintendent, subject to •v•I l•blllty •t the time of planting. Planting wl II not cannence untl I occupency occurs.

SPECIAL PROVISION NO. 4:

Electric power facl II ties shal I be underground, •nd shall be furnished and ln,talled In eccordance with the fol lowing:
a) Developer slwlll provide to City, and In accordance with City standards and speclf lc•tlons, all trenching, backfill, resurfacing, landsc•plng, conduit, Ju nction boxes, vaults, equipment pads and subsurface housings required for underground power distribution, and street llghtlng, as required by City In the development of the frontage and on-site property. Upon acceptance by City, ownersh ip of such facl II ties sh§ ll transfer from Developer to City.

Developer sh,oll lnstall,at hl1 cost, the service facl II ties consisting of service wires, c1bles, conductor, end essocletod equipment neces11ry to connect a custoner to the electric supp ly systen of the City.

Tract No. 5766
J/24176
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1) After accepunr.• of the facllltle1 provided by Oevaloper, City wlll furnl1h and ln1tall a ll ceble, 1wltc:he1, IW11lnalre1, tran1fol'lller1, f.leter1, and other equlsw-it that It de•• neceuary for the 1y1tem exte111lon. c)
d)
City wl II con1truct the necesaary facilities to deliver electric power to the development site unle11 spoclal clrc""-ltance1 exist, In which case, they wlll be provided H outlined In acc:orde11c• with Sections 21A•8 and 21A•24 of the City Code.

Str .. t 11ghta ••rved fr0111 underground electrlc power facllltle1 shall be furnl1hed and ln1talled by City. Developer shall pay to City, Thr ..

Hundred Fifty ($350,00) Oollara per acre for ttreet lights served by means of an underground system.
e) All electrlcel work shall be Installed In eccordence with the City Electric Dapartll!Wlt approved plans •nd 1pac:lflc:atlon1.
f) Oavalopar shall coordln•t• ~Ith the City Electric: Depart111ont and ccnply with their roqulr.,..nt1.
s,ECIAL PROVISION ND. 5:

Developer shall c:an1truct all 1anlt ;y ,.,.rand 1torm drain facilities outside the 1treet1 right of wy t hit upense, and shall pay City sanitary ,ewer connection feea In eccord dnCe with Table Ill of Section 21A•21 of tho City Code.

State Safety Permit 11 required, In addition to the above, for excavations five (5) feet and over In depth, end prior to the c0111N11cwnent of excavation.

SPECIAL l'tl.OVISION NO. 6:

Developer Is requ i red to construct nff•slte end on-site storm and sanitary sewers adequate to 1erve the development. City shall reimburse Developer for the portion of th• storm and senltary sewers constructed within the public rlght•of•way at the unit prices shown on the City standard credit sheet effective at t l'!le of execution _ of this Agreement, with the exception of Hnltary leteral1 lnstelled primarily to 1erve this development.

Design of Publlc storm droln 1y1tan must provide for 10 year 1toM1 protection end shel l prevent lnundatlo~ of the proposed development. Design of the system shall be coord inated with the City Engineering Department to a1sure egreftent with the Nster drainage system of the area. It shall be tho Developer's re1pon• slbll l ty, through his engineer, to certify to City that the design of ell storm dralN1ge facilities for the development provides protection aga i nst flood water.

SPECIAL PROVISIO O. 7:

Engineering and Inspection feet ere computed at the rate of four and one-half (4- 1/2%) percent of the total cost of public improvements Insta ll ed by Developer, exc luding cost o electrica l work. In addition, Developer shall pay extra payroll costs for a ll engineering and Inspection services requested by Developer or contractor outside the regu lar City work hours. Those costs, If any, sull be paid to City lnmedlatoly upon receipt of billing frcm City for same. -9-
Tract Ho. 5766
l/2'4/76
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Upon ccnpletlen end prior to acceptance of lniprov...,.t• by City, Developer sl\all aubrlllt to City tfle to l lawlng:
a) As-built drawing (orl9lnel, ,wylar, or linen) depicting ac\uel conditions. b) Maintenance Bond In the a110unt of Five Theu .. nd ($5,000.00) Dollar• to guarantee any repair 1110rk within one (1) yNr •fter acceptance. c) Revised construction cost to reflect ectual ••·built conditions and unit bid price,. Engineering and Inspection, .. shall be revised according to •••built lnformatlen and flnel construction coats.

DITZ CRANE
By _-,_..;,:-,~ ---<~ ~i...---, ....;..,.{ __
Edward E. Kaltz, Vlce Pre~ldent
By, ______________ _
STATE OF CALIFORNIA) COU TY OF SANTA CLARI) SS ·
On this 25th day of March , 19 76 , before me , Ka tl~e....,,c·e·a_s_e____ --'~.~a-r_o_t_a_r_y_Publtcin and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Edward t. Kaltz , l:no1rn to ir.e to be the Vlce President , of Di tz•Cra ne
------,---------,----,---,---,------------- _______ , the corporation that execu ed the within and fore going ins trume nt and kno1-1n to me to be the person who exe cuted the within instru ment on behalf of said corporatio n ther ein named , and ack nowle~ged to me ht such corp oration executed the same and acknowledged to me th at such corporatio executed the ii thin instru rrent pursuant to its by-la~1s or a resolution of its B~a rd of Director s.

In Witness Whereof, I h~ve here unto set my hJ~d and affixed rny official seal the d~y and year in thi s Certif ic 1te fir st above written .

Katie Cease
!l otury Pul.J1ic in a na for the County of
_.=:.==:....;::a.:.:::.:.;:_ _ ____ • Sate of Calif orniJ City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-446 Agenda Date: 4/5/2022

REPORT TO COUNCIL

SUBJECT
Action on Approval of a Legal Services Agreement between the City of Santa Clara and Lozano Smith LLP for Interim City Attorney Services with a Maximum Not-to-Exceed Amount of $300,000

RECOMMENDATION
Approval of a Legal Services Agreement between the City of Santa Clara and Lozano Smith LLP for Interim City Attorney Services with a Maximum Not-to-Exceed Amount of $300,000.

ATTACHMENT
City of Santa Clara Legal Services Agreement 3-31-2022
City of Santa Clara Printed on 3/31/2022Page 1 of 1
powered by Legistar™
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289392.1

LEGAL SERVICES AGREEMENT

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA
AND

LOZANO SMITH, LLP

PREAMBLE
This legal services agreement (“Agreement”) is made and entered by and between Lozano Smith, a California Limited Liability Partnership (LLP) comprised of attorneys licensed to practice law in the State of California (“Firm”) and the City of Santa Clara, California, a chartered California municipal corporation (“City”). City and Firm may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services;”
B. Firm represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses, and desire to provide certain services of the quality and type which meet objectives and requirements of City; and, C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Firm shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A – Scope of Services
Exhibit B – Fee Schedule
Exhibit C – Billing Standards
Exhibit D – Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations, and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

Page 2 of 8 ends

City Council and Authorities ConcurrentApril 5, 2022

City Council and Authorities Concurrent
April 5, 2022