0.79 0.77 0.82 0.78 0.75 0.74 0.73 0.72 0.71 0.71 0.76 0.71 0.74 1.00 2.00 1.00 2.00 1.00 2.00
13.3749 14.8612
S53-7 S63-1
I I I I B IB I IB B IB BB I II IB I I
-9.563
33.329
-10.93 1
S73-27.1
r. ,Y~i1 J:~l
0.227 0.328 0. 18 1
16.28 19.57 14.54
1.00 1.00 2.00
15.9492 16,0985
S73-9.1
605.3
3.0 3.760
12,680
0.1 78
14.44 2.00
16.5790
S73-4.1
439.8
J 33.oL 12.680
11.310
0.3 12
19.08 1.00
16.5933
S73-9 S73-4
18.877
-9,343
I I~ lill22l I
16.819 15.335
-8,441 -8.455
I§ 336.0 il 33oJ - 8.530 I~ 0.252 0.232
17.15 16.47
1.00 2.00
16,5815
I B II B
Santa Clara (0011096.00)
Master Plan Addendum Report 15 Appendix CFigure C-15: Final Alternative 4 Profile (1 of 2) Calabazas Creek Trunk (Future 2035 PWWF) Agate Drive
Kifer Road
Central Expressway
Scott Boulevard
Lakeside Drive
MH S73-6 (upstream
of Hwy 101 crossing)
See Figure C-16
- - - l
T I ·- T - - - .T - T l
53.0 - I I I I I
,- ~
48.0 - r-----
~--- r---
43.0 - -
.---
ii
38.0 ----------- -------------- -------------- -------------- '--
0 r---. ............
----------
< r-- " 33.0 - -- -
28.0 - :::tJoc- .._ c-- L] 23.0 - - J l ,,. ,. :,: :,: l :l 18.0 - ~. ~· ! ., 0 - ; ,;; - 13.0 ; I I II 19j • 30f7 37~9 I 6792 I I ft 0 133 41 5 655 11 58 146 2404 275 3398 40 1 4666 529 58 16 6104 7208 7585 7776 8395 89 5 link S62·51.1 S62-48.1 S62·38.1 S62-31.1 S62-29.1 S72·32.1 1217S·D _
SSMH1.1 S72- 17. 1 S72·11 .1 S72·8.1 S72-6.1 S82·9.1 S72·3.1 S72·5.1 S73·5.1 length (ft) [ 282.0 503.0 307.0 343.0 386.0 205.0 l!i!!!!I 598.0 629.0 481.0 288.0 436.0 482.0 377.0 mo 6 19.0 600.0 width (in) 24.0 24.0 27.0 27.0 27.0 27.0 30.0 30.0 30.0 30.0 30.0 30.0 30.0 30.0 30.0 30.0 30.0 us inv (ft AD) 37.780 36.530 35.900 32.300 30.000 28.365 28. 185 24.795 23.665 21.675 20.865 20.460 19.280 18.610 17.980 17.240 16.600 15.810 14.940 ds inv(ft AD) 36.630 32.300 31.300 28.900 28.185 25.975 23.665 21.665 20.875 20.460 19.580 18.610 18.207 17.400 16.600 16.076 14.940 14.120 grad(%) 0.408 0.262 0.716 0.32 6 0.32 1 0.047 0.639 0.341 0.303 0.499 0.315 0.068 0.140 0.139 0.140 0.133 0.133 0.139 0.139 0. 14 1 0.137 pfc(M GDJ 9.34 7.49 10.92 7.36 7.22 4.32 16.00 11 .70 11 .02 14.14 11.24 6.90 9.92 9.90 9.92 9.92 9.67 9.66 9.89 9.89 9.94 9.80 sure 0.74 0.76 1.00 0.98 2.00 0.84 0.54 0.76 0.66 0.85 0.98 0.87 0.72 0.75 0.76 0.76 0.75 0.75 0.75 0.75 0.74 0.72 DS flow(MGDJ 7.5076 7.5076 7.5050 7.5039 7.5037 7.5036 7.5040 8.6466 8.6521 8.6513 8.6690 8.6915 8.8 140 8.8 104 8.8047 8.8014 8.7996 8.9597 8.97 16 Node S62-51 S62-48 S62-29 S72-32 S72-17 S72-12 S72-8 S72-6 S82·9 S72-3 S72-4 S72 -5 S73-5 S73-6 ground (ft AD) GI l;l 41.385 l;l 6 6 36.265 8151 2.250 ~ 6 - I~ 23.200 24.400 25.000 25.400 26.200 level (ft AD) 37.125 34.204 29.284 24.977 23.038 22.27 1 21.340 20.494 19.874 18.468 17.948 17.668 16.767 15.681 flood dep (ft) ·9.595 -8.156 -12.10 1 -11.288 -10.927 -9. 979 -6.940 -6.016 -4.206 -4.732 -6.452 -7.332 ·8.633 ·10.519 Santa Clara (0011096.00)
Master Plan Addendum Report 16 Appendix CFigure C-16: Final Alternative 4 Profile (2 of 2) Calabazas Creek Trunk (Future 2035 PWWF) Kifer Road
New parallel
18-inch sewer
Surcharge level = 0.4 ft
(4.3 inches) above pipe
crown
46.0 -44.0 - ..,..---------------rllr-lf 42.0 -
40.0 -
38.0 -36.0 -
34.0 - -
32.0 -30.0 - -
28.0 - --'i---------------------------------ii------'i-----------'i-------'i----------------------------------+----,f-----t-+-1 ft
link
length (ft)
width (in)
us inv (ft AD)
ds inv {ft AD)
grad (%)
pfc(MGD)
sure
OS flow(MGD)
Node
ground (ft AD)
level (ft AD)
flood dep {ft}
34.204
-8.156
562·48. 1
307.0
32.300
31.300
0.326
7.36 0.98
7.5039
307 362
562·40.1
55.0 24.0
31.200
30.820
0.691
12. 16
1.00 7.5038
30.270
0.682
12.07 1.00
7.5037
428 460
562·37.2
31.6 18.0
30.170
30.100
0.222
3.20 2.00
562·38.1
343.0
30.000
28.900
0 .321
7.22 2.00
7.5037
803 8 17 857 871
Santa Clara (0011096.00)
Master Plan Addendum Report 17 Appendix CFigure C-17: Final Alternative 4 Profile Great America Parkway West Trunk (Future 2035 PWWF) Patrick-Henry
Tasman Drive
Drive
Mission College
Boulevard
Westside PSGreat America Parkway Great America Parkway
Lafayette Street
Interconnection #2
Interconnection #3
Refer to Figure C-17 for
proposed GAP West
Trunk improvements
19.0 - I 17.0 -15.0 -13.0 -11.0 -
9.0 7.0
0 " " 5.0
3.0 1.0
-1.0 -3.0 -
-5.0 -
-l.O
_ _ ,.i~----i----i---------------~ ---------------· ~-___ ._ ___________ ______ . ._ _______ ___________ ._ ___ i ---------------~ ------------------~ -9.0 -+----'r-----iF----,-----,------'r---.,,.~.---~.----'r---~F----+----,-----i~---+---+-~riF----+---~.-----+-----t----t--t-1 ft
Link
length (ft)
width (in)
us inv (ft AD)
ds Inv (ft AD)
grad (%)
pfc(MGD)
sure
DS flow(MGD)
Node
ground (ft AD)
level (ft AD)
flood dep (ft)
9.074
-6.106
8.182
-7.888
7.553
-8.047
7. 195
-7.955
6.824
-6.946
5.765
-7.525
4.883
-7.427
4.273
-7. 147
3.706
-6.084
2.777
-6.203
1.807
-7.063
0.800
-7.860
7288
S103-12.1
471.2
31.9 -5.590 -6.040
0.095
9.65 9.60
2.00 0.0 11 -1.401 -2.528 -3.944 -4.683 -5.284
-17.989 -12.178 -8.090 -12.404 -12.853
Santa Clara (0011096.00)
Master Plan Addendum Report 18 Appendix CFigure C-18: Alternative 1 Great America Parkway and Lafayette Street West Trunks Profile (Future 2035 PWWF assuming Alternative 1 is constructed) Patrick-Henry
Tasman Drive
Drive
Mission College
Boulevard
Westside PS
Great America Parkway
Lafayette Street
Interconnection #2
Interconnection #3
Great America Parkway Lafayette Street
C,
<
"
18.0 16.0 14.0 12.0 10.0
8.0 6.0
4.0 2.0
o.o
·2.0
·4.0
·6.0 ·8.0
-10.0 - j m : ! l l l -12.0 -,··---~~---~~---·-·--,~---~~--~~~---~~--,~---~--~~---,Bl---~--~----.-+--~---~---~---~--~~+--~---,.----+---+-< ft
Link
length (ft)
width (in)
us inv (ft AD)
ds inv (ft AD)
grad(%)
pfc (MGD)
sure
DS flow (MGD)
Node
ground (ft AD)
level (ft AD)
flood dep (ft)
9.058
-6.122
8. 159 7.5 19
-7.911 -8.081
7.165
·7.985
6.798
·6.972
5.748 4.870
-7.440
4.263 3.699
-7.157 -6.091
2.770
-6.210
1.800
·7.070
0.793
·7.867
0.004 -2.532
-12.182
-3.234 -3.948 -8.094 -12.408
-4.688 -6.377 -7.042 -7.952
-12.858 -11 .767 -11 .392 -12.732
Santa Clara (0011096.00)
Master Plan Addendum Report 19 Appendix CFigure C-19: Alternative 1 Great America Parkway and Lafayette Street East Trunks Profile (Future 2035 PWWF assuming Alternative 1 is constructed) Mission College
Boulevard
Great America Parkway
Lafayette Street
Interconnection #2
Interconnection #3
Great America Parkway Lafayette Street
T I I I I, I I u T I I T I I I I , -~ ,. I I I I I ., I I I I
21.0 19.0 I -·I
17.0 15.0
13.0 11 .0 ------· ---------------
9.0 7.0
" 5.0 <
" 3.0
1.0 -1.0
·3.0
-5.0 -7.0
·9.0
-11.0 - -
N 0 m 0 i -13.0 - ·j i ffl i i i i .;; .;;
·15.0
ft
Link
length (ft)
width (in)
us inv (ft AD}
ds inv (ft AD)
grad (%)
pfc (MGD)
sure
D5 flow(MGD)
Node
ground (ft AD)
level (ft AD) 9.440 8.773 7.859 7.037 6.798 5.557 4.379 3.590 2.768 1.968 ·1.287 ·2.139 ·2.812 ·3.522 ·4.234 ·6.255 ·7.076 ·7.802 flood dep (ft) ·7.270 ·5.727 ·7.061 ·8.793 ·8.121 ·6.200 ·6.342 ·12.827 ·14.799 ·15.572 ·15.402 ·17.484 ·11 .612 Santa Clara (0011096.00)
Master Plan Addendum Report 20 Appendix CFigure C-20: Great America Parkway West Trunk Improvements Profile (Future 2035 PWWF assuming Alternative 1 is constructed) Patrick-Henry
Tasman Drive
Drive
Mission College
Boulevard
Westside PS
Great America Parkway
Lafayette Street
Interconnection #2
Interconnection #3
Great America Parkway Lafayette Street
GAP West Trunk
Improvements
PHD Alternative 3/Gravity
Scenario E Improvements
18.0 16.0 14.0
12.0 10.0
8.0 6.0
C 4.0 "' "'
2.0 o.o
-2.0 -4.0 -6.0 -8.0
- lQ,Q - t? CD U:, 1 q i
·12.0 -,;~---;~~---;;~---'i;i----t"i-----'i----'ir-'i'---~~i---,~~-~~r• ---'r--1-----'i~--+--T--;~--'irl----'i---T---"i---~r----'r-+tf--T---+----+---+-, ft
Link length (ft)
width (in)
us inv (ft AD)
ds inv (ft AD)
grad (%)
pfc(MGD)
sure
DS flow(MGD)
Node
ground (ft AD)
level (ft AD)
flood dep (ft)
8.971
-6.209
7.883 6.201
-8.187 -9.399
5.799
-9.35 1
5.360
-8.410
2.800
-9.S10
2.140
-9.280
1.616
-8.174
0.935
-8.045
0.381
-8.489
-0.064 -0.346 -8.724
-3.243
-12.893
-3.704 -4.193 -8.564 -12.653
-4.726 -6.32 1 -7.005 -7.930
-12.896 -11.3S5 -12.710
Santa Clara (0011096.00)
Master Plan Addendum Report 21 Appendix CFigure C-21: Great America Parkway East Trunk Improvements Profile (Future 2035 PWWF assuming Alternative 1 is constructed) Mission College
Boulevard
Great America Parkway
Lafayette Street
Interconnection #2
Interconnection #3
Great America Parkway Lafayette Street
T • • • • , • • u T • • T • • • • , -~ ,. • • • • • ., • • • •
21.0 19.0 I
17.0 15.0
13.0 11.0
9,0
7.0 - --------------- ---------------- ---------------- " 5.0 <
"' 3.0
1.0 ·1.0 ·3,0 ·5,0 ·7,0 ·9.0 ·11 .0 -
., N "' ; 0 -13.0 - i i i m m i .;; .;; .;;
·15.0
ft 10472
link 5104·8. 1
length (ft) 428.0
width (in) t!0.7 42.0
us inv (ft AD) -9.693 - 10.398
ds inv {ft AD) - 10.398 - 11.092
grad (%) 0.162 0. 162
pfc(MGD) 26.19 26.19
sure 0.75
D5 flow(MGD)
Node
ground (ft AD)
level (ft AD) 9.245 8.24 7 7.121 6,043 5.728 4.231 3.338 2.574 1.750 0.984 -1.963 ·2,639 ·3,202 -3.790 -4.405 -6.23 1 -7.05 1 -7.782 flood de p (ft) -7.465 ·6.253 -7.799 -9.787 -9.162 -7.2 16 -7.32 6 -13.503 -15.299 - 15.962 - 15.670 - 17.655 -11.592 Santa Clara (0011096.00)
Master Plan Addendum Report 22 Appendix CFigure C-22: Great America Parkway West Trunk Improvements Profile (Future 2035 PWWF assuming Alternative 4 is constructed) Patrick-Henry
Tasman Drive
Drive
Mission College
Boulevard
Westside PS
Great America Parkway
Lafayette Street
Interconnection #2
Interconnection #3
Great America Parkway Lafayette Street
GAP West Trunk
Improvements
PHD Alternative 3/Gravity
Scenario E Improvements
f
18.0 • • l • • r T • • T • • l l T • T • • • • • l. • • • l I I I I I
16.0 14.0 ----------------- -------------------
12.0 10.0
8,0
6,0
" 4.0 "' " 2.0
0,0
-2.0 -4.0
-6,0 ---l------1------1 ---------------------------8,0
-10.0 -
-12.0 ;
ft
Link
length (ft}
wi dth (in)
us inv (ft AD)
ds inv (ft AD) grad (%)
pfc (MGD}
sure
DSflow(MGD) Node
ground (ft AD)
level (ft AD)
flood dep (ft}
Santa Clara (0011096.00)
Master Plan Addendum Report 23 Appendix CFigure C-23: Great America Parkway East Trunk Improvements Profile (Future 2035 PWWF assuming Alternative 4 is constructed) Mission College
Boulevard
Great America Parkway
Lafayette Street
Interconnection #2
Interconnection #3
Great America Parkway Lafayette Street
T
21.0 19.0 =- 1
• • . , • • T • . ,
I
,. 1
17.0 15.0
13.0 11 .0
9.0 7.0
D s.o
<
" 3.0
1.0 -1.0
-3.0
-5.0
-7.0
-9.0
-11 .0 -
-13.0 !!!
-15.0 ;
ft
Link length (ft)
width (In)
us inv (ft AD)
ds,nv (ft AD)
grad (%)
pfc (MGD)
sure
OS flow(MGD)
Node
ground (ft AD)
level (ft AD)
flood dep (ft)
Appendix D –Capacity Improvement
Project Cost Estimates
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Master Plan Addendum Report Appendix D
Project P4: Tasman Drive Sewer Improvement
PROJECT DESCRIPTION
Project ID ……………………………………………………………………………………………………………………………………………… P4 Project Name ……………………………………………………………………….. Tasman Drive Sewer Improvement Project Location ……………………………………………………………………………………………………………………………………………… Tasman Dr. between Old Ironsides Dr. and Great America Pkwy.
Description ……………………………………………………………………………………………………………………………………………… Upsize approximately 600 feet of 12-in pipe to 15-in pipe Priority ……………………………………………………………………………………………………………………………………………… 3 - Triggered under Future PWWF Estimated Capital Imp. Cost ……………………………………………………………………………………………………………………………………………… $832,000 Comments ……………………………………………………………………………………………………………………………………………… (i) Pipes are listed in order from upstream to downstream Assumptions ……………………………………………………………………………………………………………………………………………… (i) Cost estimates are based on the (Apr 2022 ENR Cost Index for the San Francisco Area) of 15104
(ii) Cost assumes pipe will be upsized using open-cut construction method Alternatives ……………………………………………………………………………………………………………………………………………… (i) Install parallel pipe
PROJECT COST DETAIL
U/S
MH ID
D/S
MH ID
Existing
Diameter
(inches)
New
Diameter
(inches)
Length
(feet)
Slope
(%)
Pipe Depth
(feet BGL)
Construction
Method
Unit Cost
($/LF)
Total Cost
($)
S93-24 S93-25 12 15 108 0.14 13 Open Cut $505 $ 54,540
S93-25 S93-26 12 15 370 0.24 14 Open Cut $505 $ 186,850 S93-26 S93-35 12 15 152 0.20 15 Open Cut $505 $ 76,760
Total Baseline Pipe Construction Cost $ 318,150
New manholes (4) $ 66,000
Lower lateral replacement and cleanout, Approx. 4 $ 24,000 Baseline Construction Cost: $ 408,150
Bypass Pumping (10% of pipe construction cost) $ 31,815 Remove & Replace Factor (5% of pipe construction cost) $ 15,908 Traffic Control (10% of pipe construction cost) $ 31,815 Subtotal: $ 487,688
Mobilization/Demobilization (5% of subtotal) $ 24,384
Estimated Construction Cost Subtotal: $ 512,072
Contingencies (30% of construction subtotal) $ 153,622
Total Estimated Construction Cost: $ 665,693
Engineering, Administration, Legal (25% of construction cost) $ 166,423 Estimated Capital Improvement Cost: $ 832,000
(Note: Cost estimates are based on April 2022 ENR CCI of 15104) ĀȀ !Ȁ"#$Ȁ%Ȁ"&''((')*+'',
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COMMITMENT INTEGRITY DRIVE RESULTS
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City of Santa Clara
Sanitary Sewer Outlet Charge
Conveyance Fee
Report
June 2022
Sanitary Sewer Conveyance Fee Report Page 2 of 6
June 2022
Background
In 2007, a Conveyance Fee component of the Sanitary Sewer Outlet Charge was approved by City Council (Resolution 07-7415). The Conveyance Fee funds capacity improvements to the sanitary sewer system required as a result of intensification and densification of land uses permitted by the General Plan and associated development land use amendments. The fee was subsequently updated in 2009 and 2010 with the following actions:
Resolution 09-7643 approved on June 16, 2009 to update the fee to include costs of bond issuance to fund and implement projects
Resolution 10-7741 approved on June 8, 2010 to update the fee with consideration of the following: a) resolution of other funding opportunities (i.e. redevelopment and stimulus funds); b) incorporation of latest land use information from the General Plan update finalized in 2010; and c) adjustments to the capacity project improvements listing resulting from a) and b).
Technical Basis for Projects and Fee
The initial establishment of the fee in 2007 was based upon projects identified in the 2007 Sanitary Sewer Capacity Assessment conducted by the City consultant RMC Water and Environment. This assessment accomplished the following objectives: a) develop wastewater flow projections for the City’s collection area using up-to-date water use and land use information; b) develop a hydraulic model of the trunk sewer system; c) use the model to identify existing capacity deficiencies and future capacity requirements; and d) develop phased capital projects, including budget cost estimates, for implementing the required capacity improvements to the wastewater collection system. It is also important to note that the assessment fulfilled the requirement for a capacity evaluation and capacity assurance plan as required for all sewer system agencies by the Regional Water Quality Control Board.
Another sewer capacity assessment was conducted in 2009 by RMC Water and Environment.
This assessment (an update to the 2007 assessment) accounted for land use changes resulting from the in-progress General Plan Update which was finalized in 2010. Recommended changes to the capacity project improvement listing and project budget cost estimates were approved with City Council Resolution 10-7741 in June of 2010.
Sanitary Sewer System Capacity Improvements
After approval of the initial project improvement listing in 2007 (Resolution 07-7415), two projects were initiated and completed as listed below. The specific projects are listed below with their completion dates and the specific deficiency project numbers from the project list. Calabazas Creek Sewer Improvement (El Camino Real Diversion) – 2008 (Project ID/No. ‘ECR Diverson’)
El Camino Real Sanitary Sewer Improvement (Flora Vista to Calabazas Creek) – 2009 (Project No. 8)
After approval of the project improvement listing in June of 2010 (Resolution 10-7741), four projects were initiated and completed. The specific projects are listed below with their Sanitary Sewer Conveyance Fee Report Page 3 of 6
June 2022
completion dates and the specific deficiency project numbers from the project list. Two of the projects addressed multiple deficiencies.
Walsh Avenue Sewer Improvement Project – 2011 (Project ID/No. ‘West to East Alternative’)
Sanitary Sewer Improvements Phase II – 2015 (Project Nos. 4A, 4B, 5 and 6) Scott Boulevard and Park Avenue Sanitary Sewer Improvements – 2016 (Project Nos. 9 and 10)
Calabazas Creek Sewer Improvement – 2020 (Project No. 11) 2016 Sanitary Sewer Master Plan Update
In 2015, the City initiated work on a comprehensive update to the prior capacity assessment work completed in 2007 and 2009. The analysis considered the latest information on water use and land use changes since 2009. The final report was completed by the City’s consultant RMC Water and Environment and issued April 2016 (Sanitary Sewer Master Plan Update Final Report dated April 2016). As with prior reports, the assessment resulted in a recommended phased capital project improvement listing including budget cost estimates. Also, the hydraulic model update served as an important tool in the continuous evaluation of individual development proposals with respect to sanitary sewer capacity impacts and resulting development conditions of approval.
2022 Addendum to 2016 Sanitary Sewer Master Plan Update In 2021, the City initiated work on an addendum to the 2016 Sanitary Sewer Master Plan (SSMP) Update to accomplish the following objectives: 1) analyze a Calabazas Creek trunk line capacity issue; 2) update the Tracy Drive Sewer Improvement project identified in the 2016 SSMP Update; and 3) identify a solution to a deficiency on the Great America Parkway West trunk line. The Calabazas Creek trunk analysis was needed due to the discovery in 2021 of existing sewer network conditions that were different than the hydraulic model. The most notable difference was the discovery of a 19-inch diameter pipe segment that was assumed to be 24-inch diameter (the same as the immediate upstream and downstream segments and consistent with the original as-built drawings). This smaller diameter pipe size results in reduced sewer capacity at this location. The Tracy Drive sewer project was being revised to better balance downstream flow between the Homestead Road and Pomeroy Avenue intermediate trunk lines. The Great America Parkway West trunk deficiency was identified for analysis due to new development plans in the tributary sewer basins.
The extent of the Calabazas Creek trunk line deficiency was evaluated, and four alternatives were studied resulting in three recommended alternatives carried forward to the deficiency project listing. Also, a solution was identified for the Great America Parkway West trunk line resulting in a recommended project to address the deficiency.
The 2022 Addendum provides an update to the 2016 project improvement listing resulting in a combined listing of the 2106 deficiency projects with the additional projects identified in the 2022 analysis. The project improvement listing is included here as Table 1.
Sanitary Sewer Conveyance Fee Report Page 4 of 6
June 2022
TABLE 1
SANITARY SEWER SYSTEM
CAPACITY IMPROVEMENT PROJECT LISTING
Project
ID Project Name Description
Estimated Capital
Improvement
Cost1
P1 Westside Lift Station
Adjustment
Adjust the set points for the pumps to a lower
elevation to eliminate unnecessary backups in
the influent line.
Project
Complete
P2 Tasman Lift Station
Adjustment
Adjust the set points for the pumps to a lower
elevation to eliminate unnecessary backups in
the influent line.
Project
Complete
P3 Cabrillo Avenue
Sewer Improvement
Upsize 1,600 feet of 8-inch line in Cabrillo Ave.
between Lawrence Expressway and Nobili Ave.
to a 12-inch line.
$2,390,000
P4 Tasman Drive Sewer
Improvement
Upsize 600 feet of 12-inch line in Tasman Dr.
between Old Ironsides Dr. and Great America
Pkwy. to a 15-inch line.
$832,000
P5
Sewer Diversion at
Los Padres
Boulevard and
Saratoga Avenue
Install a weir in manhole S25-85 located in the
intersection of Padres Blvd. and Saratoga Ave.
to divert flow northwest to the existing 12-in line
in Los Padres Blvd.
$94,000
P6
Sewer Diversion at
Calabazas Boulevard
and Machado
Avenue
Install a new manhole upstream of S52-93 in
the intersection of Calabazas Blvd. and
Machado Ave., and install a new 15-inch highlevel diversion line (approximately 200 feet) to divert excess flow from the existing 24-inch line
in Calabazas Blvd. to the 21-inch line in
Machado Ave. The diversion line should be
about 6 inches higher than the invert of the 24-
inch line.
Project
Replaced by
P7-Alt 1
P6-Alt.
Calabazas Creek
Sewer Improvement
Upsize 1,800 feet of 24-inch line next to
Calabazas Creek between Kifer Rd. and Scott
Blvd. to a 27-inch line.
Project
Complete
P7
Calabazas Creek
Trunk Upsize and
Installation of Parallel
18-Inch Sewer Under
the Existing 27-Inch
Storm Drain
Upsize 2,400 feet of CIPP lined 22.8-inch
sewer, 24, 27, and 30-inch sewer next to
Calabazas Creek between Kifer Road and
downstream of Scott Boulevard to a 27, and 36-
inch sewer. Install approximately 20 feet of 18-
inch sewer between existing manholes S62-37
and S62-38 under the existing 27-inch storm
drain line.
$4,170,000
P7-Alt 1
Calabazas Creek
Trunk Diversion to
Machado Avenue
and Chromite Drive
Install a new manhole upstream of existing
manhole S52-93 at the intersection of
Calabazas Boulevard and Machado Avenue.
Install a weir or high-level diversion sewer
(approximately 120 feet) to divert excess flow
from the existing 24-inch Calabazas Creek trunk
to the 21-inch Machado Avenue trunk. The
diversion line should be approximately 9 inches
higher than the invert of the 24-inch trunk.
$315,000
Sanitary Sewer Conveyance Fee Report Page 5 of 6
June 2022
Project
ID Project Name Description
Estimated Capital
Improvement
Cost1
P7-Alt 2
Diversion to El
Camino Real (ECR)
and Bowers Avenue
Upsize 1,800 feet of 10-inch line along ECR
between Calabazas Boulevard and Bowers
Avenue to a 15-inch.
Upsize 2,600 feet of 27-inch along Bowers
Avenue between Chromite Drive and Kifer Road
to a 30-inch.
Install approximately 20 feet of 18-inch sewer
on the Calabazas Creek Trunk between existing
manholes S62-37 and S62-38 under the
existing 27-inch storm drain line.
$7,008,000
P82
Great America
Parkway West Trunk
Improvements
Upsize 5,700 feet of 30-inch line along Great
America Parkway between Old Glory Lane and
Lafayette Street to a 39-inch. Improvements
exclude the existing siphons.
$12,993,000
Estimated Total Cost for Projects P3, P4, P5, P7 and P8:
Estimated Total Cost for Projects P3, P4, P5, P7-Alt 1 and P8:
Estimated Total Cost for Projects P3, P4, P5, P7-Alt 2 and P8:
$20,479,000
$16,624,000
$23,317,000
E13 Tracy Drive Sewer
Improvement
Upsize approximately 6,600 feet of 10- to 12-
inch line in Tracy Dr. and Pomeroy Ave. to a 15-
inch line; install a new 15-inch line between
manholes S22-55 and S22-46 in Pomeroy Ave.
and Homestead Rd. (approximately 50 feet) to
divert flow into Homestead Rd. and upsize
approximately 1,400 feet of 18-inch line
downstream to a 21-inch.
$10,693,000
Estimated Total Cost for All Projects (assuming P7):
Estimated Total Cost for All Projects (assuming P7-Alt 1):
Estimated Total Cost for All Projects (assuming P7-Alt 2):
$31,172,000
$27,317,000
$34,010,000
1. All costs are presented in 2022 dollars and include 30 percent allowance for contingencies for unknown conditions and 25 percent for engineering, administration, and legal costs.
2. Project P8 costs do not include improvements associated with the PHD Alternative 3/Gravity Scenario E project.
3. Project E1 addresses the potential capacity deficiency when parcel APN 316-17-018 begins to discharge its entitled flow of 0.95 mgd into the City’s system.
Sanitary Sewer Conveyance Fee Report Page 6 of 6
June 2022
Upcoming Work
The SSMP should be updated every five years to reflect any significant updates or program changes. Work will commence in 2022 on a Request for Proposals to select a consultant to perform a SSMP Update. Staff estimates returning to Council in late 2022 with a recommendation for approval of an agreement. Work would commence shortly thereafter with the planned final report be early 2024. Like prior SSMPs, this work will update the hydraulic model with the latest water use and land use changes. Analysis work will result in identification of any existing deficiencies and future anticipated deficiencies with a resulting project improvement listing with budget cost estimates. After identification of the total project costs, a rate analysis will be performed to determine if the existing conveyance fee rate is appropriate to the needed improvements.
Recommended Actions
It is recommended that this report and the updated capacity project improvement listing be approved. This will allow for continued capacity improvement projects to move forward in parallel with the planned Master Plan Update work. Because the comprehensive update to the SSMP will be initiated in 2022, and the update will include a conveyance fee rate analysis, it is recommended that the current conveyance fee rate be held constant pending completion of the future rate analysis.
Resolution/Conveyance Fee Updated Report Page 1 of 2
Rev: 11/22/17
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING THE SANITARY SEWER OUTLET CHARGE -
CONVEYANCE FEE UPDATED REPORT AND LIST OF
IMPROVEMENTS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, pursuant to Santa Clara City Code section 17.15.220, subdivision (c) and Resolution Number 07-7415, the City is authorized to collect charges for persons who desire to connect to the sanitary sewer system;
WHEREAS, the Sanitary Sewer Outlet Charge - Conveyance Fee established by Resolution 07- 7415 may be modified and updated periodically by resolution of the City Council pursuant to any applicable law, rule, regulation and conformance with any subsequent fee study prepared by or on behalf of the City of Santa Clara; WHEREAS, the Sanitary Sewer Outlet Charge - Conveyance Fee was last modified and updated by Resolution 10-7741 pursuant to all applicable law, rule, regulation and conformance with subsequent fee study prepared by the City of Santa Clara; WHEREAS, the City Engineer has created an updated Sanitary Sewer Outlet Charge - Conveyance Fee Report (hereinafter "Report") which is attached and includes costs associated with the sewer infrastructure improvements including acquisition, administration, plan, design, construction, and reconstruction of public sanitary sewer facilities; and, WHEREAS, the Report has identified the need to update the list of improvements;
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. That said Report, as duly revised and corrected if necessary, is hereby approved, confirmed and adopted.
Resolution/Conveyance Fee Updated Report Page 2 of 2
Rev: 11/22/17
3. That the list of improvements contained in the Report, as duly revised and corrected if necessary, is hereby approved, confirmed and adopted.
4. That the Sanitary Sewer Outlet Charge – Conveyance Fee collected pursuant to Santa Clara City Code section 17.15.220, subdivision (c) shall be used to finance the public facilities described or identified in the Report.
5. That the amount of the Sanitary Sewer Outlet Charge – Conveyance Fee may be modified and updated periodically by resolution of the City Council pursuant to any applicable law, rule, regulation and conformance with any subsequent fee study prepared by or on behalf of the City of Santa Clara.
6. 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. Sanitary Sewer Outlet Charge - Conveyance Fee Report S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
City of Santa Clara
Sanitary Sewer Outlet Charge
Conveyance Fee
Report
June 2022
Sanitary Sewer Conveyance Fee Report Page 2 of 6
June 2022
Background
In 2007, a Conveyance Fee component of the Sanitary Sewer Outlet Charge was approved by City Council (Resolution 07-7415). The Conveyance Fee funds capacity improvements to the sanitary sewer system required as a result of intensification and densification of land uses permitted by the General Plan and associated development land use amendments. The fee was subsequently updated in 2009 and 2010 with the following actions:
• Resolution 09-7643 approved on June 16, 2009 to update the fee to include costs of bond issuance to fund and implement projects
• Resolution 10-7741 approved on June 8, 2010 to update the fee with consideration of the following: a) resolution of other funding opportunities (i.e. redevelopment and stimulus funds); b) incorporation of latest land use information from the General Plan update finalized in 2010; and c) adjustments to the capacity project improvements listing resulting from a) and b).
Technical Basis for Projects and Fee
The initial establishment of the fee in 2007 was based upon projects identified in the 2007 Sanitary Sewer Capacity Assessment conducted by the City consultant RMC Water and Environment. This assessment accomplished the following objectives: a) develop wastewater flow projections for the City’s collection area using up-to-date water use and land use information; b) develop a hydraulic model of the trunk sewer system; c) use the model to identify existing capacity deficiencies and future capacity requirements; and d) develop phased capital projects, including budget cost estimates, for implementing the required capacity improvements to the wastewater collection system. It is also important to note that the assessment fulfilled the requirement for a capacity evaluation and capacity assurance plan as required for all sewer system agencies by the Regional Water Quality Control Board.
Another sewer capacity assessment was conducted in 2009 by RMC Water and Environment.
This assessment (an update to the 2007 assessment) accounted for land use changes resulting from the in-progress General Plan Update which was finalized in 2010. Recommended changes to the capacity project improvement listing and project budget cost estimates were approved with City Council Resolution 10-7741 in June of 2010.
Sanitary Sewer System Capacity Improvements
After approval of the initial project improvement listing in 2007 (Resolution 07-7415), two projects were initiated and completed as listed below. The specific projects are listed below with their completion dates and the specific deficiency project numbers from the project list. • Calabazas Creek Sewer Improvement (El Camino Real Diversion) – 2008 (Project ID/No. ‘ECR Diverson’)
• El Camino Real Sanitary Sewer Improvement (Flora Vista to Calabazas Creek) – 2009 (Project No. 8)
After approval of the project improvement listing in June of 2010 (Resolution 10-7741), four projects were initiated and completed. The specific projects are listed below with their Sanitary Sewer Conveyance Fee Report Page 3 of 6
June 2022
completion dates and the specific deficiency project numbers from the project list. Two of the projects addressed multiple deficiencies.
• Walsh Avenue Sewer Improvement Project – 2011 (Project ID/No. ‘West to East Alternative’)
• Sanitary Sewer Improvements Phase II – 2015 (Project Nos. 4A, 4B, 5 and 6) • Scott Boulevard and Park Avenue Sanitary Sewer Improvements – 2016 (Project Nos. 9 and 10)
• Calabazas Creek Sewer Improvement – 2020 (Project No. 11) 2016 Sanitary Sewer Master Plan Update
In 2015, the City initiated work on a comprehensive update to the prior capacity assessment work completed in 2007 and 2009. The analysis considered the latest information on water use and land use changes since 2009. The final report was completed by the City’s consultant RMC Water and Environment and issued April 2016 (Sanitary Sewer Master Plan Update Final Report dated April 2016). As with prior reports, the assessment resulted in a recommended phased capital project improvement listing including budget cost estimates. Also, the hydraulic model update served as an important tool in the continuous evaluation of individual development proposals with respect to sanitary sewer capacity impacts and resulting development conditions of approval.
2022 Addendum to 2016 Sanitary Sewer Master Plan Update In 2021, the City initiated work on an addendum to the 2016 Sanitary Sewer Master Plan (SSMP) Update to accomplish the following objectives: 1) analyze a Calabazas Creek trunk line capacity issue; 2) update the Tracy Drive Sewer Improvement project identified in the 2016 SSMP Update; and 3) identify a solution to a deficiency on the Great America Parkway West trunk line. The Calabazas Creek trunk analysis was needed due to the discovery in 2021 of existing sewer network conditions that were different than the hydraulic model. The most notable difference was the discovery of a 19-inch diameter pipe segment that was assumed to be 24-inch diameter (the same as the immediate upstream and downstream segments and consistent with the original as-built drawings). This smaller diameter pipe size results in reduced sewer capacity at this location. The Tracy Drive sewer project was being revised to better balance downstream flow between the Homestead Road and Pomeroy Avenue intermediate trunk lines. The Great America Parkway West trunk deficiency was identified for analysis due to new development plans in the tributary sewer basins.
The extent of the Calabazas Creek trunk line deficiency was evaluated, and four alternatives were studied resulting in three recommended alternatives carried forward to the deficiency project listing. Also, a solution was identified for the Great America Parkway West trunk line resulting in a recommended project to address the deficiency.
The 2022 Addendum provides an update to the 2016 project improvement listing resulting in a combined listing of the 2106 deficiency projects with the additional projects identified in the 2022 analysis. The project improvement listing is included here as Table 1.
Sanitary Sewer Conveyance Fee Report Page 4 of 6
June 2022
TABLE 1
SANITARY SEWER SYSTEM
CAPACITY IMPROVEMENT PROJECT LISTING
Project
ID Project Name Description
Estimated Capital
Improvement
Cost1
P1 Westside Lift Station
Adjustment
Adjust the set points for the pumps to a lower
elevation to eliminate unnecessary backups in
the influent line.
Project
Complete
P2 Tasman Lift Station
Adjustment
Adjust the set points for the pumps to a lower
elevation to eliminate unnecessary backups in
the influent line.
Project
Complete
P3 Cabrillo Avenue
Sewer Improvement
Upsize 1,600 feet of 8-inch line in Cabrillo Ave.
between Lawrence Expressway and Nobili Ave.
to a 12-inch line.
$2,390,000
P4 Tasman Drive Sewer
Improvement
Upsize 600 feet of 12-inch line in Tasman Dr.
between Old Ironsides Dr. and Great America
Pkwy. to a 15-inch line.
$832,000
P5
Sewer Diversion at
Los Padres
Boulevard and
Saratoga Avenue
Install a weir in manhole S25-85 located in the
intersection of Padres Blvd. and Saratoga Ave.
to divert flow northwest to the existing 12-in line
in Los Padres Blvd.
$94,000
P6
Sewer Diversion at
Calabazas Boulevard
and Machado
Avenue
Install a new manhole upstream of S52-93 in
the intersection of Calabazas Blvd. and
Machado Ave., and install a new 15-inch highlevel diversion line (approximately 200 feet) to divert excess flow from the existing 24-inch line
in Calabazas Blvd. to the 21-inch line in
Machado Ave. The diversion line should be
about 6 inches higher than the invert of the 24-
inch line.
Project
Replaced by
P7-Alt 1
P6-Alt. Calabazas Creek
Sewer Improvement
Upsize 1,800 feet of 24-inch line next to
Calabazas Creek between Kifer Rd. and Scott
Blvd. to a 27-inch line.
Project
Complete
P7
Calabazas Creek
Trunk Upsize and
Installation of Parallel
18-Inch Sewer Under
the Existing 27-Inch
Storm Drain
Upsize 2,400 feet of CIPP lined 22.8-inch
sewer, 24, 27, and 30-inch sewer next to
Calabazas Creek between Kifer Road and
downstream of Scott Boulevard to a 27, and 36-
inch sewer. Install approximately 20 feet of 18-
inch sewer between existing manholes S62-37
and S62-38 under the existing 27-inch storm
drain line.
$4,170,000
P7-Alt 1
Calabazas Creek
Trunk Diversion to
Machado Avenue
and Chromite Drive
Install a new manhole upstream of existing
manhole S52-93 at the intersection of
Calabazas Boulevard and Machado Avenue.
Install a weir or high-level diversion sewer
(approximately 120 feet) to divert excess flow
from the existing 24-inch Calabazas Creek trunk
to the 21-inch Machado Avenue trunk. The
diversion line should be approximately 9 inches
higher than the invert of the 24-inch trunk.
$315,000
Sanitary Sewer Conveyance Fee Report Page 5 of 6
June 2022
Project
ID Project Name Description
Estimated Capital
Improvement
Cost1
P7-Alt 2
Diversion to El
Camino Real (ECR)
and Bowers Avenue
Upsize 1,800 feet of 10-inch line along ECR
between Calabazas Boulevard and Bowers
Avenue to a 15-inch.
Upsize 2,600 feet of 27-inch along Bowers
Avenue between Chromite Drive and Kifer Road
to a 30-inch.
Install approximately 20 feet of 18-inch sewer
on the Calabazas Creek Trunk between existing
manholes S62-37 and S62-38 under the
existing 27-inch storm drain line.
$7,008,000
P82
Great America
Parkway West Trunk
Improvements
Upsize 5,700 feet of 30-inch line along Great
America Parkway between Old Glory Lane and
Lafayette Street to a 39-inch. Improvements
exclude the existing siphons.
$12,993,000
Estimated Total Cost for Projects P3, P4, P5, P7 and P8:
Estimated Total Cost for Projects P3, P4, P5, P7-Alt 1 and P8:
Estimated Total Cost for Projects P3, P4, P5, P7-Alt 2 and P8:
$20,479,000
$16,624,000
$23,317,000
E13 Tracy Drive Sewer
Improvement
Upsize approximately 6,600 feet of 10- to 12-
inch line in Tracy Dr. and Pomeroy Ave. to a 15-
inch line; install a new 15-inch line between
manholes S22-55 and S22-46 in Pomeroy Ave.
and Homestead Rd. (approximately 50 feet) to
divert flow into Homestead Rd. and upsize
approximately 1,400 feet of 18-inch line
downstream to a 21-inch.
$10,693,000
Estimated Total Cost for All Projects (assuming P7):
Estimated Total Cost for All Projects (assuming P7-Alt 1):
Estimated Total Cost for All Projects (assuming P7-Alt 2):
$31,172,000
$27,317,000
$34,010,000
1. All costs are presented in 2022 dollars and include 30 percent allowance for contingencies for unknown conditions and 25 percent for engineering, administration, and legal costs.
2. Project P8 costs do not include improvements associated with the PHD Alternative 3/Gravity Scenario E project.
3. Project E1 addresses the potential capacity deficiency when parcel APN 316-17-018 begins to discharge its entitled flow of 0.95 mgd into the City’s system.
Sanitary Sewer Conveyance Fee Report Page 6 of 6
June 2022
Upcoming Work
The SSMP should be updated every five years to reflect any significant updates or program changes. Work will commence in 2022 on a Request for Proposals to select a consultant to perform a SSMP Update. Staff estimates returning to Council in late 2022 with a recommendation for approval of an agreement. Work would commence shortly thereafter with the planned final report be early 2024. Like prior SSMPs, this work will update the hydraulic model with the latest water use and land use changes. Analysis work will result in identification of any existing deficiencies and future anticipated deficiencies with a resulting project improvement listing with budget cost estimates. After identification of the total project costs, a rate analysis will be performed to determine if the existing conveyance fee rate is appropriate to the needed improvements.
Recommended Actions
It is recommended that this report and the updated capacity project improvement listing be approved. This will allow for continued capacity improvement projects to move forward in parallel with the planned Master Plan Update work. Because the comprehensive update to the SSMP will be initiated in 2022, and the update will include a conveyance fee rate analysis, it is recommended that the current conveyance fee rate be held constant pending completion of the future rate analysis.
1 AMENDED
AB1600 REPORT ON DEVELOPMENT IMPACT FEES
For Fiscal Year ended June 30, 2021
BACKGROUND
Cities and counties often charge fees on new development to fund public improvements, public amenities and public services. For example, Traffic Mitigation Fees are used to fund transit facilities, streets, bike lanes and sidewalks. These fees are commonly known as development impact fees (Developer Fees). In 1989, the State Legislature passed Assembly Bill 1600 (AB1600) which added Section 66000, et seq., to the California Government Code. The chapter sets forth a number of requirements that local agencies must follow if they are to collect fees from developers to defray the cost of the construction of public facilities related to development projects. Government Code Sections 66000-66025 apply to developer fees established, increased or imposed on or after January 1, 1989, and generally sets forth four broad requirements:
1. A local jurisdiction must follow the process set forth in the bill and make certain determinations regarding the purpose and use of the fees and to establish a "nexus" or connection between a development project or class of project and the public improvement being financed with the fee.
2. The fee revenue must be segregated from the General Fund in order to avoid commingling of public improvement fees and the General Fund.
3. If a local jurisdiction has had possession of a developer fee for five years or more and has not committed that money to a project or actually spent that money, then it must make findings describing the continuing need for that money each fiscal year after the five years have expired.
4. If a local jurisdiction cannot make the findings required under paragraph 3, then the city or county must go through a refund procedure.
The Traffic Mitigation Fee, Sanitary Sewer Outlet Fee, Sanitary Sewer Connection Fee, Sanitary Sewer Conveyance Fee, Storm Drain Fee, Parks Mitigation Fee, and Affordable Housing Fees that the City of Santa Clara (City) collects qualify as Development Impact Fees and therefore must comply with the above referenced Government Code Sections. The amount of each of these development impact fees for fiscal year 2020-21 is reflected in the City’s Municipal Fee Schedule, previously adopted by the City Council. The schedule is available at:
https://www.santaclaraca.gov/home/showpublisheddocument/67706/637257428199370000. As required by law, these fees are segregated and accounted for as Special Revenue Funds. Government Code Section 66001 requires the City to make available to the public certain information regarding these fees for each fund within 180 days after the end of each fiscal year. Accordingly, the following report is presented to the City Council for review.
The report is amended to reflect the Sanitary Sewer Conveyance Fee omitted in the original report approved by Council in February 2022 as the Sanitary Sewer Master Plan efforts were underway. The activities summary for the Sanitary Sewer Conveyance Fee from fiscal year 2016-17 through 2020-21 is on page 4 and the projects programmed for the impact fees held over five years are listed on page 11. 2 ANALYSIS
Using the accounting method known as first in, first out (FIFO), which means the first revenue received is assumed to be the first spent, staff analyzed the annual balances at the end of fiscal year 2020-21 to determine what portion, if any, of the balance was five or more years old. If a balance is more than five years old, a review of previously identified projects is undertaken to determine if any developer fees collected need to be refunded.
Many of the identified projects are already underway, and the City has appropriated funds for these projects as noted in the City’s FY2020-21and 2021-22 Biennial CIP Budget Book. The book is available at https://www.santaclaraca.gov/home/showpublisheddocument/70351/637443319258630000. The identification of each Capital Project on which fees were expended and the amount of the expenditures on each Capital Project including the total percentage of the cost of the Capital Project that was funded with fees are detailed in Exhibit A.
Traffic Mitigation Fee
The Traffic Mitigation Fee is levied to fund improvements or programs to mitigate City traffic problems that result either directly or indirectly from development projects. To determine the traffic mitigation fees the City conducts a Traffic Impact Fee Nexus study. The most recent report was approved by Council August 21, 2018. The basis of Santa Clara’s traffic impact fee is the number of net new PM peak hour vehicle trips generated by new development. Those additional trips result in the traffic impacts the fee is intended to mitigate. The fee is calculated by dividing the total cost of the projects in the Traffic Mitigation Program by the number of additional PM peak hour trips generated by new development, which results in a “per PM peak hour trip” fee amount. For simplicity of application, this fee is then converted to a fee per square foot, per hotel room, or per dwelling unit, based on the trip generation rates in the latest ITE Trip Generation Manual. The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.
The following table summarizes the activity for the Traffic Mitigation Fund from 2016-17 through 2020-
21. Fund 123 & 533 2016-17 2017-18 2018-19 2019-20 2020-21 Beginning Balance 7,852,470 $ 8,711,428$ $ 8,448,382 $ 10,353,046 $ 10,448,972 Developer Fees 1,370,084 855,324 1,958,563 182,518 728,208 Interest Income 81,481 115,449 196,524 200,204 152,901
Expenditures (592,607) (1,233,819) (250,423) (286,796) (824,491) Ending Balance $ 8,711,428 $ 8,448,382 $ 10,353,046 $ 10,448,972 $ 10,505,590 During 2020-21, the City collected $728,208 of traffic mitigation fees, earned $152,901 from interest and incurred $824,491 of project expenditures. The grand total of the Traffic Impact Fee fund balance that is available at the end of 2020-21 is $10,505,590 of which $3,371,224 has been held for over five years.
Exhibit A identifies the projects that will make use of all unspent fees held over five years.
There is no impact on City resources since all qualified impact fees held by the City for over five years are either spent or committed, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000, et seq.
3 Sanitary Sewer Outlet Fee
The Sanitary Sewer Outlet Fee is collected from developers to construct public sanitary sewer facilities.
City Council passed Ordinance 1778 on December 3, 2002 which created the sanitary sewer outlet charge which is used for the acquisition, construction, reconstruction, maintenance, and operation of off-site sewerage facilities, and to repay principal and interest on bonds issued for the construction and reconstruction of such sewerage facilities. The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.
The following table summarizes the activity for the Sanitary Sewer Outlet Fees from 2016-17 through 2020-21.
Fund 594 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance (2,547,612) $ $ (2,075,945) $ (1,831,352) $ (1,588,864) $ (1,288,884) Developer Fees 471,667 244,593 242,488 299,980 199,286
Expenditures - - - - -
Ending Balance $ (2,075,945) $ (1,831,352) $ (1,588,864) $ (1,288,884) $ (1,089,598) The amount of developer fees collected in 2020-21 was $199,286. The outstanding balance in the Sanitary Sewer Outlet Fee Fund at the end of 2020-21 is ($1,089,598). Amounts have been transferred within the Sewer Enterprise Fund to make up the negative balance for Capital Projects financed with AB1600 development fees.
There is no impact on City resources since all qualified impact fees collected by the City have been spent, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.
Sanitary Sewer Connection Fee
The Sanitary Sewer Connection Fee was adopted to improve and expand the sewer collection system.
City Council passed Ordinance 1428 on August 25, 1981 which created the sanitary sewer connection charge which is charged whenever a property is initially connected or requires an addition of a new connection to the sanitary sewer system. The fee is charged based on type of dwelling unit for residential (single family, duplex, condominium, etc.) and non-residential which charges based on connection size.
The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.
The following table summarizes activity for the Sanitary Sewer Connection Fee from 2016-17 through 2020-21.
Fund 594 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance $ (38,526,561) $ (50,329,856) $ (74,240,874) $ (87,737,999) $ (116,641,597) Developer Fees 2,350,574 1,625,820 2,303,752 1,124,123 1,007,031 Expenditures (14,153,869) (25,536,838) (15,800,877) (30,027,721) (5,488,096) Refunded Expenditures - - - - 6,825,720
Ending Balance $ (50,329,856) $ (74,240,874) $ (87,737,999) $ (116,641,597) $ (114,296,942) During 2020-21, the City collected $1,007,031 from developer fees and spent $5,488,096 in construction project. The City received a cumulative $6,825,720 in construction refunds from the City of San Jose for the Joint Venture project, and the City reported this under a separate Refunded Expenditures line. The 4 current year deficit along with prior cumulative deficits brought the impact fee balance to ($114,296,942) as of 2020-21. Amounts have been transferred within the Sewer Enterprise Fund to make up the negative balance for Capital Projects financed with AB1600 development fees.
There is no impact on City resources since all qualified impact fees held by the City have been spent, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000- 66003.
Sanitary Sewer Conveyance Fee
The Sewer Conveyance Fee was approved by City Council in June 2007 and is intended to mitigate development impacts to the City’s sanitary sewer conveyance system resulting from increases in the sanitary sewer discharges. The amount of Sanitary Sewer Conveyance Fee is based directly on the potential sewer discharge volumes of the proposed land uses. The fee was based on a Sanitary Sewer Capacity Assessment Report 2006, and subsequent update in 2016. The basis of Santa Clara’s sewer conveyance fee is sewer flow rate generated by the new development. The fee is calculated by dividing the total cost of the capacity improvement projects in the Sanitary Sewer Master Plan or its predecessor reports by the total projected sanitary sewer flow rate generated by future developments, which results in a “per gallon per day (GPD)” fee amount. The per GPD fee multiplied by the estimated sanitary sewer flow rate (GPD) generated by a new development is the sanitary sewer conveyance fee for that new development.
The following table summarizes the activity for the Sanitary Sewer Conveyance Fees from 2016-17 through 2020-21.
Fund 594 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance 13,737,225 $ 22,504,850 $ $ 26,847,028 $ 34,179,296 $ 38,232,186 Developer Fees 8,630,774 4,136,935 6,916,161 4,079,586 3,126,854 Interest Income 211,354 307,104 515,362 705,177 559,621 Expenditures (74,503) (101,861) (99,255) (731,873) (2,499,454) Ending Balance $22,504,850 $ 26,847,028 $34,179,296 $38,232,186 $39,419,207 The current year’s developer fees and interest income of $3,126,854 and $559,621 respectively, were partially offset by expenditures of $2,499,454. The net change resulted in a current balance of $39,419,207 of which $7,275,439 has been held for over five years. Exhibit A identifies the project that will make use of all unspent fees held over five years.
There is no impact on City resources since all qualified impact fees held by the City for over five years are either spent or committed, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.
Storm Drain Fee
The Storm Drain Fee is levied to mitigate City storm drainage that results either directly or indirectly from development projects. The Storm Drain Outlet Fee is codified in the Santa Clara City Code Section
17.15.220 Sanitary Sewer and Storm Drains and was created for the purpose of defraying the estimated costs of constructing planned drainage facilities for removal of surface and storm waters from local drainage areas. The fee is charged based on the amount of acreage being developed with a project. The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.
5 The following table summarizes the activity for the Storm Drain Fees from 2016-17 through 2020-21.
Fund 535 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance 552,889$ 555,070$ 626,783$ 586,578$ 613,299$ Developer Fees 10,375 67,194 5,749 15,409 27,903
Interest Income 5,213 4,760 8,845 11,312 9,233
Expenditures (13,407) (241) (54,799) - -
Ending Balance $555,070 $626,783 $586,578 $613,299 $650,435 During 2020-21, the City collected $27,903 from developer fees and earned $9,233 from interest. The grand total of the Storm Drain Fees that is available at the end of 2020-21 is $650,435 of which $240,903 has been held for over five years. Exhibit A identifies the projects that will make use of all unspent fees held over five years.
There is no impact on City resources since all qualified impact fees held by the City for over five years are either spent or committed, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.
Parks Mitigation Fee
The Parks Mitigation Fee was adopted in fiscal year 2014-15 and went into effect for the 2016-17 fiscal year. Fees received can be used to provide (acquire) public parkland and/or make necessary park improvements according to the restrictions of the Mitigation Fee Act and help the City to address its park, recreation and open space needs The City of Santa Clara completed a Parks & Recreation Facilities Development Impact Fee Study in 2014 and in 2019 that were reviewed and approved by the City Council after community and stakeholder public comment hearings. These reports provide the necessary findings required by the Mitigation Fee Act and Quimby Act for the adoption of the fees by Council resolution contained in the Municipal Fee Schedule. These reports provide the facility cost and land acquisition cost data and analysis and describe the methodology for calculation of the fees.
The parks and recreation facilities fees use an existing inventory demand standard translated into facility costs per capita to determine new development’s fair share of planned facility costs. A cost standard provides a reasonable method for converting disparate types of facilities, in this case parkland and special use recreational facilities, into a single measure of demand (capital cost per capita). The cost standard is based on the existing inventory of parks and recreation facilities. New residential development would fund the expansion of facilities at the same rate that existing residential development has provided facilities to date. The City uses the existing ratio of developed parkland per 1,000 residents. In 2010 the standard was 2.45. The current standard is 2.60. (Quimby Act allows 3.0 acres/1,000 resident Standard).
The formula to calculate the cost per capita of providing new park facilities involves the following variables: (A) the value per acre of parkland by Zip Code Area of the City (95050, 90551, and 95054) as established by annual appraisal; (B) the Level of Service standard (parkland acres per 1,0000 residents); (C) Cost per 1,000 Capita; (D) cost per capita; (F) Development land use type density per household (Single Family = 2.98, Multifamily = 2.40); (G) the per capita value of parkland improvements, and (H) a 2% in lieu fee program administrative charge. The formula used is C = A x B, D = C/1,000. This cost per capita for parkland (D), and the cost per capita for improvements (G), are each multiplied by the density of development type (F): D x F + G x F = Base Fee (E). The administrative fee (H) is then added to the Base Fee (E) for the “Total Fee” (I) for each Zip Code Area: H + E = I.
The calculation tables are provided in the in-Lieu Fee Resolution adopted by Council and posted on the City website and incorporated into the Municipal Fee Schedule. Based on the date the resident 6 developer’s Project application is deemed complete, the total parkland due can be calculated, the developed parkland dedicated, and credits deducted for eligible on-site recreational amenities.
The following table summarizes the activity for the Parks Mitigation Fee from 2016-17 through 2020-21.
Fund 532 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance -$ 13,505,806 $ $ 10,545,074 $ 5,261,415 $ 10,771,523 Developer Fees 14,780,447 - 268,091 7,159,545 1,522,149 Interest Income 90,301 147,253 111,431 176,942 110,320
Expenditures (1,364,942) (3,107,985) (5,663,181) (1,826,379) (3,466,274) Ending Balance $13,505,806 $10,545,074 $ 5,261,415 $10,771,523 $ 8,937,718 During 2020-21, the City collected $1,533,149 for Park Mitigation fees, earned $110,320 from interest, and incurred $3,466,274 of project expenditures. The grand total of the Parks Mitigation Fee that is available at the end of 2020-21 is $8,937,718. There are no fees that have been held over five years.
There is no impact on City resources since all qualified impact fees held by the City for over five years are either spent or committed, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.
Affordable Housing Fee
The Affordable Housing Fee was adopted to mitigate the impacts of new market-rate housing development and non-residential development on the need for affordable housing, in addition to assisting in meeting the City’s share of the region’s housing need and implementing the goals, policies and actions specified in the Housing Element of the general plan. City Council passed Ordinance 1974 on December 5, 2017 which established the affordable housing fee applicable to residential and nonresidential projects and to encourage the development of rental housing and as well as smaller units that may be more affordable by design. The fee established are significantly lower than the amount needed to fully mitigate the impacts of the new for-sale and rental resident projects and non-residential project on the need for affordable housing. The fees shall automatically adjust for inflation annually using the Engineering News Record McGraw-Hill Construction Weekly Building Index for San Francisco.
The following table summarizes the activity for the Affordable Housing Fee from 2016-17 through 2020-
21. Fund 565 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance -$ -$ -$ -$ -$
Developer Fees - - - - 130,201
Interest Income - - - - 1,083
Expenditures - - - - -
Ending Balance $ - $ - $ - $ - $ 131,284
During 2020-21, the City collected $130,201 from developer fees and earned $1,083 from interest. The grand total of the Affordable Housing Fees that is available at the end of 2020-21 is $131,284. There are no fees that have been held over five years.
7 There is no impact on City resources since all qualified impact fees collected by the City have been spent, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.
PUBLIC NOTICE: Public notification was achieved by posting the availability of the report 15 days prior to the meeting, as required by Government Code Section 66006(b)(2).
Attachments:
Exhibit A: Summary of Development Impact Fees
8 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Streets and Highways (Fund 123 & 533)
FY 2019-20 Ending Fund Balance $ 10,448,972
Fees Collected 728,208
Interest Earned 152,901Expenditures (824,491)
FY 2020-21 Ending Fund Balance $ 10,505,590
Funds Accumulated in Current and Last 5 Years $ 7,134,366Funds Held Longer than 5 Years $ 3,371,224Projects Programmed for Impact Fees $ 6,939,452 Project
# Description
Project Status/
Estimated
Completion Year
Total Project
Appropriation All
Funding Sources
Funding
Status
% Impact
Fee Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2020-21
Impact Fee
Expenditure
1206 Pruneridge Ave-Lawrence Expwy Bicycle Lanes Improvement 2021 $ 575,000 100% 20% $ 115,000 $ 15,411 $ 99,589 $ 15,411 1214 Coleman Avenue Widening 2021 115,747 100% 0% 79 79 - - 1215 Sidewalk Installation Program 2021 143,955 100% 21% 30,208 30,208 - - 1216 Traffic Studies and Signal Needs Assessment/Upgrade Ongoing 500,000 100% 64% 320,000 222,280 97,720 67,930 1217 Central Control Traffic Signal Upgrade 2022 3,019,800 100% 88% 2,647,871 1,572,357 1,075,514 39,616 1218 Traffic Pre-Emptors 2022 1,295,259 100% 93% 1,208,104 508,601 699,503 2,999 1219 Traffic Signal Enhancements Ongoing 734,141 100% 100% 734,141 572,051 162,090 42,047 1220 Pedestrian and Bicycle Enhancement Facilities Ongoing 2,759,954 100% 86% 2,359,954 1,378,452 981,502 - 1221 Traffic Monitoring at Various Locations- Phase "C" 2021 123,783 100% 100% 123,783 123,783 - - 1222 Citywide Accessible Pedestrian Signal Installation Ongoing 200,000 100% 100% 200,000 11,623 188,377 391 1224 Traffic Signal Replacement - ECR-Lafayette, Homestead, Scott Area 2029 860,510 100% 0% 2,510 2,510 - - 1232 Traffic Signal Interconnect Upgrade 2025 244,560 100% 41% 100,000 14,491 85,509 14,491 1233 Pedestrian Master Plan 2021 307,135 100% 9% 27,921 - 27,921 - 1234 Travel Demand Model Update Ongoing 216,700 100% 92% 200,000 16,700 183,300 16,700 1236 Traffic Signal Modification 2021 8,160 100% 87% 7,100 7,100 - - 1237 MCB/GAP Intersection Improvement 2021 8,368,124 100% 40% 3,330,400 1,623,243 1,707,157 383,175 1238 Pedestrian Crosswalk Sensors 2021 300,000 100% 100% 300,000 - 300,000 - 1242 ntersection Improvement- ECR at San Thomas Phase B 2021 2,843,588 100% 66% 1,886,041 1,683,590 202,451 - 1245 Benton Bike Lane 2021 1,726,000 100% 10% 172,000 129,810 42,190 129,810 1248 Pruneridge Ave-Complete Street Plan 2021 416,347 100% 22% 90,270 - 90,270 - 1249 Multimodal Improvement Plan 2021 740,000 100% 32% 238,280 - 238,280 - 1251 HAWK Beacon Scott and Harrison 2021 750,000 100% 73% 544,000 12,340 531,660 12,340 1253 Saratoga Bike Lane 2021 71,000 100% 46% 32,500 32,500 - 32,500 1261 Santa Clara School Access Improvements 2022 200,000 100% 100% 200,000 67,081 132,919 67,081 1262 Scott-Benton Traffic Signal Timing 2022 165,000 100% 17% 28,500 - 28,500 - 1376 Vehicle Emission Reduction Ongoing 65,000 100% 100% 65,000 - 65,000 - Totals $ 26,749,763 $ 14,963,662 $ 8,024,210 $ 6,939,452 $ 824,491 Traffic Mitigation Fee (Fund 123 and 533)
Traffic Mitigation Fee
Since Inception Date Through June 30, 2021
9 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Sanitary Sewer Outlet Fee (Fund 594)
FY 2019-20 Ending Fund Balance $ (1,288,884)Fees Collected 199,286 Interest Earned - Expenditures - FY 2020-21 Ending Fund Balance $ (1,089,598)Funds Accumulated in Current and Last 5 Years $ 1,478,409Funds Held Longer than 5 Years $ - Projects Programmed for Impact Fees $ - Project # Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
% Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining (1)
FY 2020-21
Impact Fee
Expenditure
1907 Development Extensions Ongoing $ 220,445 100% 100% 220,445 1,310,043 $ (1,089,598) $ - Note (1) Amounts have been transferred within the Sewer Enterprise Fund to make up the negative balance for Capital Projects financed with AB1600 Development Fees Sanitary Sewer Outlet Fee (Fund 594)
Sanitary Sewer Outlet Fee
Since Inception Date Through June 30, 2021
10 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Sanitary Sewer Connection Fee (Fund 594)
FY 2019-20 Ending Fund Balance $ (116,641,597)
Fees Collected 1,007,031
Prior Years Construction Adjustments 6,825,720
Expenditures (5,488,096)
FY 2020-21 Ending Fund Balance $ (114,296,942)
Funds Accumulated in Current and Last 5 Years $ 9,749,718 Funds Held Longer than 5 Years $ - Projects Programmed for Impact Fees $ - Project # Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
% Impact
Fee Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining (1)
FY 2020-21
Impact Fee
Expenditure
1908 S.J.- S.C. Regional Wastewater Facility Ongoing $ 162,556,977 100% 7% 12,172,057 126,468,999 $ (114,296,942) $ 5,488,096 Note (1) Amounts have been transferred within the Sewer Enterprise Operating Fund and Debt Service Fund to make up the negative balance for Capital Projects financed with AB1600 Development Fees There were no interfund loans.
(2)
Sanitary Sewer Connection Fee (Fund 594)
Sanitary Sewer Connection Fee
Since Inception Date Through June 30, 2021
The constrcution refunds from City of San Jose were not reported as reduction of the expenditures from FY2017-18 through FY2019-20. The refund in amount of $6,825,720 was adjusted in FY2020-21. 11 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Sanitary Sewer Conveyance Fee (Fund 594)
FY 2019-20 Ending Fund Balance $ 38,232,186
Fees Collected 3,126,854Interest Earned 559,621
Expenditures (2,499,454)FY 2020-21 Ending Fund Balance $ 39,419,207 Funds Accumulated in Current and Last 5 Years $ 32,143,768 Funds Held Longer than 5 Years $ 7,275,439Projects Programmed for Impact Fees $ 19,275,954 Project
# Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
% Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2020-21
Impact Fee
Expenditure
1909 Sanitary Sewer Capacity Improvements Ongoing $ 30,013,640 100% 100% $ 30,013,640 $ 11,024,937 $ 18,988,703 $ 2,320,182 1919 Sanitary Sewer Hydraulic Modeling As Needed Support Ongoing 973,636 100% 48% 466,523 179,272 287,251 179,272 Totals $ 30,987,276 $ 30,480,163 $ 11,204,209 $ 19,275,954 $ 2,499,454 Sanitary Sewer Conveyance Fee (Fund 594)
Sanitary Sewer Conveyance Fee
Since Inception Date Through June 30, 2021
12 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Storm Drain Fee (Fund 535)
FY 2019-20 Ending Fund Balance $ 613,299
Fees Collected 27,903
Interest Earned 9,233
Expenditures - FY 2020-21 Ending Fund Balance $ 650,435 Funds Accumulated in Current and Last 5 Years $ 409,532 Funds Held Longer than 5 Years $ 240,903
Projects Programmed for Impact Fees $ 278,469
Project
# Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
%
Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2020-21
Impact Fee
Expenditure
1831 Miscellaneous Storm Drain Improvements Ongoing $ 316,577 100% 32% 100,000 - 100,000 $ - 1834* Storm Drain System Improvement Ongoing 100% 100% 425,374 425,374 392,106 33,268 - 1835 Storm Drain Outfall Reconstruction Program Ongoing 1,673,000 100% 39% 650,000 504,799 145,201 - Totals $ 2,414,951 $ 1,175,374 $ 896,905 278,469 $ -
Storm Drain Fee (Fund 535)
Storm Drain Fee
Since Inception Date Through June 30, 2021
13 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Parks Mitigation Fee (Fund 532)
FY 2019-20 Ending Fund Balance $ 10,771,523Fees Collected 1,522,149 Interest Earned 110,320
Expenditures (3,466,274)FY 2020-21 Ending Fund Balance $ 8,937,718 Funds Accumulated in Current and Last 5 Years $ 24,366,479Funds Held Longer than 5 Years $ - Projects Programmed for Impact Fees $ 5,576,448 Project
# Description
Project
Status/
Estimated
Completion
Year
Total Project
Appropriation All
Funding Sources
Funding
Status
% Impact
Fee Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2020-21
Impact Fee
Expenditure
3001 Misc. Park Improvements Ongoing $ 2,265,374 100% 26% $ 591,400 591,400 $ 391,400 - $ 3136 Westwood Oaks Park Playground Rehabilitatiion 2023 1,149,800 100% 100% 1,149,800 1,149,800 - - 3177 Youth Soccer Fields & Athletic Facilities 2021 45,251,768 100% 22% 10,032,925 9,989,884 43,041 2,569,886 3178 Playground Construction 2022 4,335,275 100% 21% 920,121 920,121 339,886 - 3181 Park Impact Fees Monitoring Project Ongoing 1,148,791 100% 73% 834,019 343,352 490,667 49,471 3184 Montague Park Enhancement 2022 4,290,000 100% 100% 4,290,000 397,060 3,892,940 115,631 Totals $ 58,441,008 $ 17,818,265 $ 12,241,817 $ 5,576,448 $ 3,466,274 Parks Mitigation Fee (Fund 532)
Parks Mitigation Fee
Since Inception Date Through June 30, 2021
14 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Affordable Housing Fee (Fund 565)
FY 2019-20 Ending Fund Balance $ -Fees Collected 130,201Interest Earned 1,083 Expenditures - FY 2020-21 Ending Fund Balance $ 131,284 Funds Accumulated in Current and Last 5 Years $ 131,284Funds Held Longer than 5 Years $ - Projects Programmed for Impact Fees $ - Project # Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
%
Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining (1)
FY 2020-21
Impact Fee
Expenditure
Affordable Housing Fee (Fund 565)
Affordable Housing Fee
Since Inception Date Through June 30, 2021
Resolution/AB1600 Amended Report on Development Impact Fees FYE June 30, 2021 Page 1 of 5 Rev: 11/22/21
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
ACCEPTING THE AMENDED AB1600 REPORT ON
DEVELOPMENT IMPACT FEES FOR FISCAL YEAR ENDED
JUNE 30, 2021 AND MAKING FINDINGS REGARDING THE
CONTINUING NEED FOR UNEXPENDED BALANCES OF
IMPACT FEES AS OF JUNE 30, 2021
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, Government Code Sections 66000 and following (commonly known as, and referenced herein as, “AB1600”) regulate the imposition, collection, maintenance, expenditure and reporting of impact fees imposed on developers for the purpose of defraying costs of public facilities;
WHEREAS, the City of Santa Clara (“City”) has identified seven (7) impact fees collected from developers that are subject to AB1600’s requirements. Those funds are the Traffic Mitigation Fee (Funds 123/533), the Sanitary Sewer Outlet Fee (Fund 594), the Sanitary Sewer Connection Fee (Fund 594), the Sanitary Sewer Conveyance Fee (Fund 594), the Storm Drain Fee (Fund 535), the Parks Mitigation Fee (Fund 532) and the Affordable Housing Fee (Fund 565);
WHEREAS, in accordance with the provisions of AB1600, the City has set up separate special revenue funds for each type of fee, crediting earned interest to those funds, and spending the accumulated fees and related interest on appropriate expenditures; WHEREAS, the City has prepared an annual report for fiscal year 2020-21 in accordance with AB1600, “AB1600 Report on Development Impact Fees for Fiscal Year ended June 30, 2021,” reflecting the beginning and ending balances of each separate fund containing impact fees; the amount of fees collected and the interest earned for the year; the amount of expenditures and refunds made in the year; the percentage of expenditures paid for by fees; and a description of the type of fees. The amount of each of these development impact fees for FY 2020-21 is reflected in the City’s Municipal Fee Schedule, previously adopted by this Council; Resolution/AB1600 Amended Report on Development Impact Fees FYE June 30, 2021 Page 2 of 5 Rev: 11/22/21
WHEREAS, a copy of the annual report has been on file and available for review in the City Clerk’s Office and the Finance Department at Santa Clara City Hall, and online at Santaclaraca.gov/Finance since January 14, 2022;
WHEREAS, the City has prepared an amended annual report for fiscal year 2020-21 in accordance with AB1600, “Amended AB1600 Report on Development Impact Fees for Fiscal Year ended June 30, 2021,” to include the Sanitary Sewer Conveyance Fee that had originally been omitted while master planning efforts were underway.
WHEREAS, a copy of the amended annual report has been on file and available for review in the City Clerk’s Office and the Finance Department at Santa Clara City Hall, and online at Santaclaraca.gov/Finance since July 29, 2022;
WHEREAS, AB1600 requires the City to make specific findings every five (5) years with respect to any portion of the fees remaining unexpended or uncommitted after a period of five (5) years to 1) identify the purpose to which the fee is to be put, 2) demonstrate a reasonable relationship between the fee and the purpose for which it was charged, 3) identify all sources and amounts of funding anticipated to complete financing of the improvement, and 4) designate the approximate date on which such funding will be available; WHEREAS, the Traffic Mitigation Impact Fee, which was established for the purpose of providing a source of funding for traffic improvements, contains some fee revenues which were received more than five (5) years ago. The sum of $3,371,224 representing fees and accrued interest collected for traffic mitigation remains unexpended five (5) or more years after deposit of the fees;
WHEREAS, the Storm Drain Fee, which was established for the purpose of mitigating storm drainage that results directly or indirectly from development projects, contains some fee revenues which were received more than five (5) years ago. The sum of $240,903 representing fees and accrued interest collected for storm drainage mitigation remains unexpended five (5) or more years after deposit of the fees;
Resolution/AB1600 Amended Report on Development Impact Fees FYE June 30, 2021 Page 3 of 5 Rev: 11/22/21
WHEREAS, the Sanitary Sewer Conveyance Fee, which was established for the purpose of mitigating sanitary sewer conveyance load that results directly or indirectly from development projects, contains some fee revenues which were received more than five (5) years ago. The sum of $7,275,439 representing fees and accrued interest collected for sewer conveyance mitigation remains unexpended five (5) or more years after deposit of the fees; WHEREAS, the City desires to make the findings required by law with respect to these unexpended fees.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council hereby accepts the attached Amended AB1600 Report on Development Impact Fees for Fiscal Year ended June 30, 2021 (“Amended Report”), and makes the following findings:
A. The Traffic Mitigation Impact Fee revenues are to be used to construct traffic improvements needed by new development. The amount of the fee for different land use types is proportionate to the need for traffic improvements generated by such land use types. This fee is still necessary as several projects are tied to larger development projects that have yet to occur. These development projects are still anticipated to take place based on the City’s General Plan. The traffic mitigation fee is set at a lower rate than justified, and as a result projects are underfunded. This has also slowed down progress on projects resulting in some project costs increasing. Periodically, as the City updates the General Plan and as new development occurs, additional improvement projects are identified and added to the Traffic Mitigation Fee Project List.
B. The portion of the $10,505,590 fund balance in the Traffic Mitigation Fund that was at least five (5) years old as of June 30, 2021, totals $3,371,24. The City will use the entire fund balance for the projects identified in Exhibit A of the Amended Report which are programmed in the Capital Improvement Plan. The Traffic Mitigation Fund has projects Resolution/AB1600 Amended Report on Development Impact Fees FYE June 30, 2021 Page 4 of 5 Rev: 11/22/21
scheduled in the current Capital Improvement Plan for the next five (5) years and depends upon additional fees and interest each year. Projects identified in Exhibit A which are funded at less than 100% with Traffic Mitigation Impact fees are funded by other sources totaling $11,786,101.
Remaining appropriations totaling $8,316,545 from the other sources are as follows:
Reimbursable Grants $440,232; Bonds Proceeds $1,484,476; Curb Sidewalk Fee $376,003, Measure B $271,626, Electric Utility Contribution $430,553; Regional Traffic Mitigation Fee $707,720, General Fund $1,400,000, and Developer Contributions $3,205,935. All payments have been received and are available except the Reimbursable Grants. The City expects to receive Grant repayments in fiscal year 2020-21.
C. The Storm Drain Impact Fee revenues are to be used to mitigate City storm drainage that results either directly or indirectly from development projects. The amount of the fee is proportionate to the need for storm drainage improvements generated by development projects. This fee is still necessary as several storm drain projects are tied to larger development projects that have yet to occur. These development projects are still anticipated to take place based on the City’s General Plan. As new development occurs, additional improvement projects are identified and added to the Storm Drain Impact Fee Project List.
D. The portion of the $650,435 fund balance in the Storm Drain Impact Fee Fund that was at least five (5) years old as of June 30, 2021, totals $240,903. The City will use the entire fund balance for the projects identified in Exhibit A of the Amended Report which are programmed in the Capital Improvement Plan. The Storm Drain Impact Fee Fund has projects scheduled in the current Capital Improvement Plan for the next five (5) years and depends upon additional fees and interest each year. The project identified in Exhibit A which is funded at less than 100% with Storm Drain Impact Fees is funded by the General Fund Capital Project Reserve (CPR) totaling $1,239,577. The remaining appropriation from the CPR is $564,519.
E. The Sanitary Sewer Conveyance Fee was adopted in 2006-07 to address Sewer Main capacity deficiencies resulting from increased development.
Resolution/AB1600 Amended Report on Development Impact Fees FYE June 30, 2021 Page 5 of 5 Rev: 11/22/21
F. The portion of the $39,419,207 fund balance in the Sanitary Sewer Conveyance Fees Fund that was at least five (5) years old as of June 30, 2021, totals $7,275,439. The City will use the entire fund balance for the projects identified in Exhibit A of the Amended Report which are programmed in the Capital Improvement Plan. The Sanitary Sewer Conveyance Fee has projects scheduled in the current Capital Improvement Plan for the next five (5) years and depends upon additional fees and interest each year. These projects are entirely funded by this fee and do not receive funding from any other sources.
2. 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 16TH DAY OF AUGUST 2022, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Amended AB1600 Report on Development Impact Fees FYE June 30, 2021 1 AMENDED
AB1600 REPORT ON DEVELOPMENT IMPACT FEES
For Fiscal Year ended June 30, 2021
BACKGROUND
Cities and counties often charge fees on new development to fund public improvements, public amenities and public services. For example, Traffic Mitigation Fees are used to fund transit facilities, streets, bike lanes and sidewalks. These fees are commonly known as development impact fees (Developer Fees). In 1989, the State Legislature passed Assembly Bill 1600 (AB1600) which added Section 66000, et seq., to the California Government Code. The chapter sets forth a number of requirements that local agencies must follow if they are to collect fees from developers to defray the cost of the construction of public facilities related to development projects. Government Code Sections 66000-66025 apply to developer fees established, increased or imposed on or after January 1, 1989, and generally sets forth four broad requirements:
1. A local jurisdiction must follow the process set forth in the bill and make certain determinations regarding the purpose and use of the fees and to establish a "nexus" or connection between a development project or class of project and the public improvement being financed with the fee.
2. The fee revenue must be segregated from the General Fund in order to avoid commingling of public improvement fees and the General Fund.
3. If a local jurisdiction has had possession of a developer fee for five years or more and has not committed that money to a project or actually spent that money, then it must make findings describing the continuing need for that money each fiscal year after the five years have expired.
4. If a local jurisdiction cannot make the findings required under paragraph 3, then the city or county must go through a refund procedure.
The Traffic Mitigation Fee, Sanitary Sewer Outlet Fee, Sanitary Sewer Connection Fee, Sanitary Sewer Conveyance Fee, Storm Drain Fee, Parks Mitigation Fee, and Affordable Housing Fees that the City of Santa Clara (City) collects qualify as Development Impact Fees and therefore must comply with the above referenced Government Code Sections. The amount of each of these development impact fees for fiscal year 2020-21 is reflected in the City’s Municipal Fee Schedule, previously adopted by the City Council. The schedule is available at:
https://www.santaclaraca.gov/home/showpublisheddocument/67706/637257428199370000. As required by law, these fees are segregated and accounted for as Special Revenue Funds. Government Code Section 66001 requires the City to make available to the public certain information regarding these fees for each fund within 180 days after the end of each fiscal year. Accordingly, the following report is presented to the City Council for review.
The report is amended to reflect the Sanitary Sewer Conveyance Fee omitted in the original report approved by Council in February 2022 as the Sanitary Sewer Master Plan efforts were underway. The activities summary for the Sanitary Sewer Conveyance Fee from fiscal year 2016-17 through 2020-21 is on page 4 and the projects programmed for the impact fees held over five years are listed on page 11. 2 ANALYSIS
Using the accounting method known as first in, first out (FIFO), which means the first revenue received is assumed to be the first spent, staff analyzed the annual balances at the end of fiscal year 2020-21 to determine what portion, if any, of the balance was five or more years old. If a balance is more than five years old, a review of previously identified projects is undertaken to determine if any developer fees collected need to be refunded.
Many of the identified projects are already underway, and the City has appropriated funds for these projects as noted in the City’s FY2020-21and 2021-22 Biennial CIP Budget Book. The book is available at https://www.santaclaraca.gov/home/showpublisheddocument/70351/637443319258630000. The identification of each Capital Project on which fees were expended and the amount of the expenditures on each Capital Project including the total percentage of the cost of the Capital Project that was funded with fees are detailed in Exhibit A.
Traffic Mitigation Fee
The Traffic Mitigation Fee is levied to fund improvements or programs to mitigate City traffic problems that result either directly or indirectly from development projects. To determine the traffic mitigation fees the City conducts a Traffic Impact Fee Nexus study. The most recent report was approved by Council August 21, 2018. The basis of Santa Clara’s traffic impact fee is the number of net new PM peak hour vehicle trips generated by new development. Those additional trips result in the traffic impacts the fee is intended to mitigate. The fee is calculated by dividing the total cost of the projects in the Traffic Mitigation Program by the number of additional PM peak hour trips generated by new development, which results in a “per PM peak hour trip” fee amount. For simplicity of application, this fee is then converted to a fee per square foot, per hotel room, or per dwelling unit, based on the trip generation rates in the latest ITE Trip Generation Manual. The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.
The following table summarizes the activity for the Traffic Mitigation Fund from 2016-17 through 2020-
21. Fund 123 & 533 2016-17 2017-18 2018-19 2019-20 2020-21 Beginning Balance 7,852,470 $ 8,711,428$ $ 8,448,382 $ 10,353,046 $ 10,448,972 Developer Fees 1,370,084 855,324 1,958,563 182,518 728,208 Interest Income 81,481 115,449 196,524 200,204 152,901
Expenditures (592,607) (1,233,819) (250,423) (286,796) (824,491) Ending Balance $ 8,711,428 $ 8,448,382 $ 10,353,046 $ 10,448,972 $ 10,505,590 During 2020-21, the City collected $728,208 of traffic mitigation fees, earned $152,901 from interest and incurred $824,491 of project expenditures. The grand total of the Traffic Impact Fee fund balance that is available at the end of 2020-21 is $10,505,590 of which $3,371,224 has been held for over five years.
Exhibit A identifies the projects that will make use of all unspent fees held over five years.
There is no impact on City resources since all qualified impact fees held by the City for over five years are either spent or committed, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000, et seq.
3 Sanitary Sewer Outlet Fee
The Sanitary Sewer Outlet Fee is collected from developers to construct public sanitary sewer facilities.
City Council passed Ordinance 1778 on December 3, 2002 which created the sanitary sewer outlet charge which is used for the acquisition, construction, reconstruction, maintenance, and operation of off-site sewerage facilities, and to repay principal and interest on bonds issued for the construction and reconstruction of such sewerage facilities. The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.
The following table summarizes the activity for the Sanitary Sewer Outlet Fees from 2016-17 through 2020-21.
Fund 594 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance (2,547,612) $ $ (2,075,945) $ (1,831,352) $ (1,588,864) $ (1,288,884) Developer Fees 471,667 244,593 242,488 299,980 199,286
Expenditures - - - - -
Ending Balance $ (2,075,945) $ (1,831,352) $ (1,588,864) $ (1,288,884) $ (1,089,598) The amount of developer fees collected in 2020-21 was $199,286. The outstanding balance in the Sanitary Sewer Outlet Fee Fund at the end of 2020-21 is ($1,089,598). Amounts have been transferred within the Sewer Enterprise Fund to make up the negative balance for Capital Projects financed with AB1600 development fees.
There is no impact on City resources since all qualified impact fees collected by the City have been spent, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.
Sanitary Sewer Connection Fee
The Sanitary Sewer Connection Fee was adopted to improve and expand the sewer collection system.
City Council passed Ordinance 1428 on August 25, 1981 which created the sanitary sewer connection charge which is charged whenever a property is initially connected or requires an addition of a new connection to the sanitary sewer system. The fee is charged based on type of dwelling unit for residential (single family, duplex, condominium, etc.) and non-residential which charges based on connection size.
The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.
The following table summarizes activity for the Sanitary Sewer Connection Fee from 2016-17 through 2020-21.
Fund 594 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance $ (38,526,561) $ (50,329,856) $ (74,240,874) $ (87,737,999) $ (116,641,597) Developer Fees 2,350,574 1,625,820 2,303,752 1,124,123 1,007,031 Expenditures (14,153,869) (25,536,838) (15,800,877) (30,027,721) (5,488,096) Refunded Expenditures - - - - 6,825,720
Ending Balance $ (50,329,856) $ (74,240,874) $ (87,737,999) $ (116,641,597) $ (114,296,942) During 2020-21, the City collected $1,007,031 from developer fees and spent $5,488,096 in construction project. The City received a cumulative $6,825,720 in construction refunds from the City of San Jose for the Joint Venture project, and the City reported this under a separate Refunded Expenditures line. The 4 current year deficit along with prior cumulative deficits brought the impact fee balance to ($114,296,942) as of 2020-21. Amounts have been transferred within the Sewer Enterprise Fund to make up the negative balance for Capital Projects financed with AB1600 development fees.
There is no impact on City resources since all qualified impact fees held by the City have been spent, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000- 66003.
Sanitary Sewer Conveyance Fee
The Sewer Conveyance Fee was approved by City Council in June 2007 and is intended to mitigate development impacts to the City’s sanitary sewer conveyance system resulting from increases in the sanitary sewer discharges. The amount of Sanitary Sewer Conveyance Fee is based directly on the potential sewer discharge volumes of the proposed land uses. The fee was based on a Sanitary Sewer Capacity Assessment Report 2006, and subsequent update in 2016. The basis of Santa Clara’s sewer conveyance fee is sewer flow rate generated by the new development. The fee is calculated by dividing the total cost of the capacity improvement projects in the Sanitary Sewer Master Plan or its predecessor reports by the total projected sanitary sewer flow rate generated by future developments, which results in a “per gallon per day (GPD)” fee amount. The per GPD fee multiplied by the estimated sanitary sewer flow rate (GPD) generated by a new development is the sanitary sewer conveyance fee for that new development.
The following table summarizes the activity for the Sanitary Sewer Conveyance Fees from 2016-17 through 2020-21.
Fund 594 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance 13,737,225 $ 22,504,850 $ $ 26,847,028 $ 34,179,296 $ 38,232,186 Developer Fees 8,630,774 4,136,935 6,916,161 4,079,586 3,126,854 Interest Income 211,354 307,104 515,362 705,177 559,621 Expenditures (74,503) (101,861) (99,255) (731,873) (2,499,454) Ending Balance $22,504,850 $ 26,847,028 $34,179,296 $38,232,186 $39,419,207 The current year’s developer fees and interest income of $3,126,854 and $559,621 respectively, were partially offset by expenditures of $2,499,454. The net change resulted in a current balance of $39,419,207 of which $7,275,439 has been held for over five years. Exhibit A identifies the project that will make use of all unspent fees held over five years.
There is no impact on City resources since all qualified impact fees held by the City for over five years are either spent or committed, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.
Storm Drain Fee
The Storm Drain Fee is levied to mitigate City storm drainage that results either directly or indirectly from development projects. The Storm Drain Outlet Fee is codified in the Santa Clara City Code Section
17.15.220 Sanitary Sewer and Storm Drains and was created for the purpose of defraying the estimated costs of constructing planned drainage facilities for removal of surface and storm waters from local drainage areas. The fee is charged based on the amount of acreage being developed with a project. The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.
5 The following table summarizes the activity for the Storm Drain Fees from 2016-17 through 2020-21.
Fund 535 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance 552,889$ 555,070$ 626,783$ 586,578$ 613,299$ Developer Fees 10,375 67,194 5,749 15,409 27,903
Interest Income 5,213 4,760 8,845 11,312 9,233
Expenditures (13,407) (241) (54,799) - -
Ending Balance $555,070 $626,783 $586,578 $613,299 $650,435 During 2020-21, the City collected $27,903 from developer fees and earned $9,233 from interest. The grand total of the Storm Drain Fees that is available at the end of 2020-21 is $650,435 of which $240,903 has been held for over five years. Exhibit A identifies the projects that will make use of all unspent fees held over five years.
There is no impact on City resources since all qualified impact fees held by the City for over five years are either spent or committed, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.
Parks Mitigation Fee
The Parks Mitigation Fee was adopted in fiscal year 2014-15 and went into effect for the 2016-17 fiscal year. Fees received can be used to provide (acquire) public parkland and/or make necessary park improvements according to the restrictions of the Mitigation Fee Act and help the City to address its park, recreation and open space needs The City of Santa Clara completed a Parks & Recreation Facilities Development Impact Fee Study in 2014 and in 2019 that were reviewed and approved by the City Council after community and stakeholder public comment hearings. These reports provide the necessary findings required by the Mitigation Fee Act and Quimby Act for the adoption of the fees by Council resolution contained in the Municipal Fee Schedule. These reports provide the facility cost and land acquisition cost data and analysis and describe the methodology for calculation of the fees.
The parks and recreation facilities fees use an existing inventory demand standard translated into facility costs per capita to determine new development’s fair share of planned facility costs. A cost standard provides a reasonable method for converting disparate types of facilities, in this case parkland and special use recreational facilities, into a single measure of demand (capital cost per capita). The cost standard is based on the existing inventory of parks and recreation facilities. New residential development would fund the expansion of facilities at the same rate that existing residential development has provided facilities to date. The City uses the existing ratio of developed parkland per 1,000 residents. In 2010 the standard was 2.45. The current standard is 2.60. (Quimby Act allows 3.0 acres/1,000 resident Standard).
The formula to calculate the cost per capita of providing new park facilities involves the following variables: (A) the value per acre of parkland by Zip Code Area of the City (95050, 90551, and 95054) as established by annual appraisal; (B) the Level of Service standard (parkland acres per 1,0000 residents); (C) Cost per 1,000 Capita; (D) cost per capita; (F) Development land use type density per household (Single Family = 2.98, Multifamily = 2.40); (G) the per capita value of parkland improvements, and (H) a 2% in lieu fee program administrative charge. The formula used is C = A x B, D = C/1,000. This cost per capita for parkland (D), and the cost per capita for improvements (G), are each multiplied by the density of development type (F): D x F + G x F = Base Fee (E). The administrative fee (H) is then added to the Base Fee (E) for the “Total Fee” (I) for each Zip Code Area: H + E = I.
The calculation tables are provided in the in-Lieu Fee Resolution adopted by Council and posted on the City website and incorporated into the Municipal Fee Schedule. Based on the date the resident 6 developer’s Project application is deemed complete, the total parkland due can be calculated, the developed parkland dedicated, and credits deducted for eligible on-site recreational amenities.
The following table summarizes the activity for the Parks Mitigation Fee from 2016-17 through 2020-21.
Fund 532 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance -$ 13,505,806 $ $ 10,545,074 $ 5,261,415 $ 10,771,523 Developer Fees 14,780,447 - 268,091 7,159,545 1,522,149 Interest Income 90,301 147,253 111,431 176,942 110,320
Expenditures (1,364,942) (3,107,985) (5,663,181) (1,826,379) (3,466,274) Ending Balance $13,505,806 $10,545,074 $ 5,261,415 $10,771,523 $ 8,937,718 During 2020-21, the City collected $1,533,149 for Park Mitigation fees, earned $110,320 from interest, and incurred $3,466,274 of project expenditures. The grand total of the Parks Mitigation Fee that is available at the end of 2020-21 is $8,937,718. There are no fees that have been held over five years.
There is no impact on City resources since all qualified impact fees held by the City for over five years are either spent or committed, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.
Affordable Housing Fee
The Affordable Housing Fee was adopted to mitigate the impacts of new market-rate housing development and non-residential development on the need for affordable housing, in addition to assisting in meeting the City’s share of the region’s housing need and implementing the goals, policies and actions specified in the Housing Element of the general plan. City Council passed Ordinance 1974 on December 5, 2017 which established the affordable housing fee applicable to residential and nonresidential projects and to encourage the development of rental housing and as well as smaller units that may be more affordable by design. The fee established are significantly lower than the amount needed to fully mitigate the impacts of the new for-sale and rental resident projects and non-residential project on the need for affordable housing. The fees shall automatically adjust for inflation annually using the Engineering News Record McGraw-Hill Construction Weekly Building Index for San Francisco.
The following table summarizes the activity for the Affordable Housing Fee from 2016-17 through 2020-
21. Fund 565 2016-17 2017-18 2018-19 2019-20 2020-21
Beginning Balance -$ -$ -$ -$ -$
Developer Fees - - - - 130,201
Interest Income - - - - 1,083
Expenditures - - - - -
Ending Balance $ - $ - $ - $ - $ 131,284
During 2020-21, the City collected $130,201 from developer fees and earned $1,083 from interest. The grand total of the Affordable Housing Fees that is available at the end of 2020-21 is $131,284. There are no fees that have been held over five years.
7 There is no impact on City resources since all qualified impact fees collected by the City have been spent, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.
PUBLIC NOTICE: Public notification was achieved by posting the availability of the report 15 days prior to the meeting, as required by Government Code Section 66006(b)(2).
Attachments:
Exhibit A: Summary of Development Impact Fees
8 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Streets and Highways (Fund 123 & 533)
FY 2019-20 Ending Fund Balance $ 10,448,972
Fees Collected 728,208
Interest Earned 152,901Expenditures (824,491)
FY 2020-21 Ending Fund Balance $ 10,505,590
Funds Accumulated in Current and Last 5 Years $ 7,134,366Funds Held Longer than 5 Years $ 3,371,224Projects Programmed for Impact Fees $ 6,939,452 Project
# Description
Project Status/
Estimated
Completion Year
Total Project
Appropriation All
Funding Sources
Funding
Status
% Impact
Fee Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2020-21
Impact Fee
Expenditure
1206 Pruneridge Ave-Lawrence Expwy Bicycle Lanes Improvement 2021 $ 575,000 100% 20% $ 115,000 $ 15,411 $ 99,589 $ 15,411 1214 Coleman Avenue Widening 2021 115,747 100% 0% 79 79 - - 1215 Sidewalk Installation Program 2021 143,955 100% 21% 30,208 30,208 - - 1216 Traffic Studies and Signal Needs Assessment/Upgrade Ongoing 500,000 100% 64% 320,000 222,280 97,720 67,930 1217 Central Control Traffic Signal Upgrade 2022 3,019,800 100% 88% 2,647,871 1,572,357 1,075,514 39,616 1218 Traffic Pre-Emptors 2022 1,295,259 100% 93% 1,208,104 508,601 699,503 2,999 1219 Traffic Signal Enhancements Ongoing 734,141 100% 100% 734,141 572,051 162,090 42,047 1220 Pedestrian and Bicycle Enhancement Facilities Ongoing 2,759,954 100% 86% 2,359,954 1,378,452 981,502 - 1221 Traffic Monitoring at Various Locations- Phase "C" 2021 123,783 100% 100% 123,783 123,783 - - 1222 Citywide Accessible Pedestrian Signal Installation Ongoing 200,000 100% 100% 200,000 11,623 188,377 391 1224 Traffic Signal Replacement - ECR-Lafayette, Homestead, Scott Area 2029 860,510 100% 0% 2,510 2,510 - - 1232 Traffic Signal Interconnect Upgrade 2025 244,560 100% 41% 100,000 14,491 85,509 14,491 1233 Pedestrian Master Plan 2021 307,135 100% 9% 27,921 - 27,921 - 1234 Travel Demand Model Update Ongoing 216,700 100% 92% 200,000 16,700 183,300 16,700 1236 Traffic Signal Modification 2021 8,160 100% 87% 7,100 7,100 - - 1237 MCB/GAP Intersection Improvement 2021 8,368,124 100% 40% 3,330,400 1,623,243 1,707,157 383,175 1238 Pedestrian Crosswalk Sensors 2021 300,000 100% 100% 300,000 - 300,000 - 1242 ntersection Improvement- ECR at San Thomas Phase B 2021 2,843,588 100% 66% 1,886,041 1,683,590 202,451 - 1245 Benton Bike Lane 2021 1,726,000 100% 10% 172,000 129,810 42,190 129,810 1248 Pruneridge Ave-Complete Street Plan 2021 416,347 100% 22% 90,270 - 90,270 - 1249 Multimodal Improvement Plan 2021 740,000 100% 32% 238,280 - 238,280 - 1251 HAWK Beacon Scott and Harrison 2021 750,000 100% 73% 544,000 12,340 531,660 12,340 1253 Saratoga Bike Lane 2021 71,000 100% 46% 32,500 32,500 - 32,500 1261 Santa Clara School Access Improvements 2022 200,000 100% 100% 200,000 67,081 132,919 67,081 1262 Scott-Benton Traffic Signal Timing 2022 165,000 100% 17% 28,500 - 28,500 - 1376 Vehicle Emission Reduction Ongoing 65,000 100% 100% 65,000 - 65,000 - Totals $ 26,749,763 $ 14,963,662 $ 8,024,210 $ 6,939,452 $ 824,491 Traffic Mitigation Fee (Fund 123 and 533)
Traffic Mitigation Fee
Since Inception Date Through June 30, 2021
9 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Sanitary Sewer Outlet Fee (Fund 594)
FY 2019-20 Ending Fund Balance $ (1,288,884)Fees Collected 199,286 Interest Earned - Expenditures - FY 2020-21 Ending Fund Balance $ (1,089,598)Funds Accumulated in Current and Last 5 Years $ 1,478,409Funds Held Longer than 5 Years $ - Projects Programmed for Impact Fees $ - Project # Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
% Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining (1)
FY 2020-21
Impact Fee
Expenditure
1907 Development Extensions Ongoing $ 220,445 100% 100% 220,445 1,310,043 $ (1,089,598) $ - Note (1) Amounts have been transferred within the Sewer Enterprise Fund to make up the negative balance for Capital Projects financed with AB1600 Development Fees Sanitary Sewer Outlet Fee (Fund 594)
Sanitary Sewer Outlet Fee
Since Inception Date Through June 30, 2021
10 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Sanitary Sewer Connection Fee (Fund 594)
FY 2019-20 Ending Fund Balance $ (116,641,597)
Fees Collected 1,007,031
Prior Years Construction Adjustments 6,825,720
Expenditures (5,488,096)
FY 2020-21 Ending Fund Balance $ (114,296,942)
Funds Accumulated in Current and Last 5 Years $ 9,749,718 Funds Held Longer than 5 Years $ - Projects Programmed for Impact Fees $ - Project # Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
% Impact
Fee Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining (1)
FY 2020-21
Impact Fee
Expenditure
1908 S.J.- S.C. Regional Wastewater Facility Ongoing $ 162,556,977 100% 7% 12,172,057 126,468,999 $ (114,296,942) $ 5,488,096 Note (1) Amounts have been transferred within the Sewer Enterprise Operating Fund and Debt Service Fund to make up the negative balance for Capital Projects financed with AB1600 Development Fees There were no interfund loans.
(2)
Sanitary Sewer Connection Fee (Fund 594)
Sanitary Sewer Connection Fee
Since Inception Date Through June 30, 2021
The constrcution refunds from City of San Jose were not reported as reduction of the expenditures from FY2017-18 through FY2019-20. The refund in amount of $6,825,720 was adjusted in FY2020-21. 11 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Sanitary Sewer Conveyance Fee (Fund 594)
FY 2019-20 Ending Fund Balance $ 38,232,186
Fees Collected 3,126,854Interest Earned 559,621
Expenditures (2,499,454)FY 2020-21 Ending Fund Balance $ 39,419,207 Funds Accumulated in Current and Last 5 Years $ 32,143,768 Funds Held Longer than 5 Years $ 7,275,439Projects Programmed for Impact Fees $ 19,275,954 Project
# Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
% Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2020-21
Impact Fee
Expenditure
1909 Sanitary Sewer Capacity Improvements Ongoing $ 30,013,640 100% 100% $ 30,013,640 $ 11,024,937 $ 18,988,703 $ 2,320,182 1919 Sanitary Sewer Hydraulic Modeling As Needed Support Ongoing 973,636 100% 48% 466,523 179,272 287,251 179,272 Totals $ 30,987,276 $ 30,480,163 $ 11,204,209 $ 19,275,954 $ 2,499,454 Sanitary Sewer Conveyance Fee (Fund 594)
Sanitary Sewer Conveyance Fee
Since Inception Date Through June 30, 2021
12 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Storm Drain Fee (Fund 535)
FY 2019-20 Ending Fund Balance $ 613,299
Fees Collected 27,903
Interest Earned 9,233
Expenditures - FY 2020-21 Ending Fund Balance $ 650,435 Funds Accumulated in Current and Last 5 Years $ 409,532 Funds Held Longer than 5 Years $ 240,903
Projects Programmed for Impact Fees $ 278,469
Project
# Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
%
Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2020-21
Impact Fee
Expenditure
1831 Miscellaneous Storm Drain Improvements Ongoing $ 316,577 100% 32% 100,000 - 100,000 $ - 1834* Storm Drain System Improvement Ongoing 100% 100% 425,374 425,374 392,106 33,268 - 1835 Storm Drain Outfall Reconstruction Program Ongoing 1,673,000 100% 39% 650,000 504,799 145,201 - Totals $ 2,414,951 $ 1,175,374 $ 896,905 278,469 $ -
Storm Drain Fee (Fund 535)
Storm Drain Fee
Since Inception Date Through June 30, 2021
13 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Parks Mitigation Fee (Fund 532)
FY 2019-20 Ending Fund Balance $ 10,771,523Fees Collected 1,522,149 Interest Earned 110,320
Expenditures (3,466,274)FY 2020-21 Ending Fund Balance $ 8,937,718 Funds Accumulated in Current and Last 5 Years $ 24,366,479Funds Held Longer than 5 Years $ - Projects Programmed for Impact Fees $ 5,576,448 Project
# Description
Project
Status/
Estimated
Completion
Year
Total Project
Appropriation All
Funding Sources
Funding
Status
% Impact
Fee Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2020-21
Impact Fee
Expenditure
3001 Misc. Park Improvements Ongoing $ 2,265,374 100% 26% $ 591,400 591,400 $ 391,400 - $ 3136 Westwood Oaks Park Playground Rehabilitatiion 2023 1,149,800 100% 100% 1,149,800 1,149,800 - - 3177 Youth Soccer Fields & Athletic Facilities 2021 45,251,768 100% 22% 10,032,925 9,989,884 43,041 2,569,886 3178 Playground Construction 2022 4,335,275 100% 21% 920,121 920,121 339,886 - 3181 Park Impact Fees Monitoring Project Ongoing 1,148,791 100% 73% 834,019 343,352 490,667 49,471 3184 Montague Park Enhancement 2022 4,290,000 100% 100% 4,290,000 397,060 3,892,940 115,631 Totals $ 58,441,008 $ 17,818,265 $ 12,241,817 $ 5,576,448 $ 3,466,274 Parks Mitigation Fee (Fund 532)
Parks Mitigation Fee
Since Inception Date Through June 30, 2021
14 Exhibit A
City of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2021 Affordable Housing Fee (Fund 565)
FY 2019-20 Ending Fund Balance $ -Fees Collected 130,201Interest Earned 1,083 Expenditures - FY 2020-21 Ending Fund Balance $ 131,284 Funds Accumulated in Current and Last 5 Years $ 131,284Funds Held Longer than 5 Years $ - Projects Programmed for Impact Fees $ - Project # Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
%
Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining (1)
FY 2020-21
Impact Fee
Expenditure
Affordable Housing Fee (Fund 565)
Affordable Housing Fee
Since Inception Date Through June 30, 2021
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-834 Agenda Date: 8/16/2022
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, March 8, 2022, April 5, 2022, May 10, 2022, June 7, 2022, July 5, 2022, and July 12, 2022 the City Council approved Resolution Nos. 21-9013, 21-9023, 21-9038, 22-9042, 22-9051, 22-9058, 22- 9067, 22-9087, 22-9096, 22-9115, and 22-9124 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:
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22-834 Agenda Date: 8/16/2022
· There being a state-proclaimed state of emergency, and state or local officials have imposed 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. 22-9124 will expire on August 12, 2022. The City Council must adopt a new resolution in order to allows for its other legislative bodies to continue meeting remotely through September 15, 2022.
Failure to approve this resolution would result in City Council, boards, and commissions meetings 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 City of Santa Clara Page 2 of 5 Printed on 8/11/2022
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22-834 Agenda Date: 8/16/2022
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 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 sevenday 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 higherrisk 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. As of April 27, COVID-19 levels in wastewater concentrations in the greater Bay Area from Sacramento to Yolo, San Francisco and Santa Clara County and San Mateo County, were similar to what they were during the Delta surge in the summer of 2021, indicating another wave of the pandemic, although not resulting in an increase in hospitalizations. On April 28, Bay Area Rapid Transit reinstated its mask mandate effective immediately through July 18, which impacts the system’s 50 stations in five Bay Area counties. On May 10, 2022, Santa Clara County’s Health Officer Dr. Sara Cody warned that COVID case counts and hospitalizations are on the increase, with a weekly average of 552 cases and 80 to 100 people currently hospitalized, and urged everyone to consider wearing masks in high-risk settings, keep a stockpile of tests, and exercise caution when socializing indoors. On May 13, 2022, Bay Area health officers from the counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Sonoma and the City of Berkeley urged residents to wear face masks in indoor public settings as COVID-19 infections driven by highly contagious virus variants multiply throughout the region. As of May 31, 2022, new coronavirus cases in California increased 13.2% from the prior week and California ranked 10th among the states where coronavirus was spreading the fastest on a per person basis. As of June 13, 2022, new COVID-19 cases in California rose 32.3% from the prior week with 128,893 new cases, with California ranking fourth among the states where COVID-19 was spreading the fastest on a per-person basis, and Santa Clara County with the highest worst weekly outbreaks on a per-person basis. On June 15, 2022, an advisory panel to the FDA voted unanimously to recommend the Pfizer and Moderna COVID-19 vaccines for children ages five and younger. On June 18, 2022, the CDC and federal regulators authorized the Pfizer-BioNTech vaccine for children ages six months through four years old and the Moderna vaccine for children ages six months through five years old starting June 21, 2022. As of July 5, 2022, the new omicron subvariant known as BA.5 now comprises a majority of U.S. COVID19 cases, according to data released from the Centers for Disease Control and Prevention (CDC).
The BA.5, along with a related subvariant known as BA.4, has mutations that have shown an City of Santa Clara Page 3 of 5 Printed on 8/11/2022
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22-834 Agenda Date: 8/16/2022
increased ability to evade the protection from vaccines and previous infection. As July 6, 20222, all nine local counties are back in the CDC's high-risk category for COVID-19 community levels, and the highly-transmissible BA.5 subvariant of the virus that causes COVID-19 is quickly taking over. On July 28, 2022, Bay Area Rapid Transit reinstated its mask mandate effective immediately through October 1, 2022, which impacts the system’s 50 stations in five Bay Area counties. On August 4, 2022, the CDC continued to classify Santa Clara County in the high community level for coronavirus, in its weekly update. 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 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 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 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: Rajeev Batra, City Manager
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22-834 Agenda Date: 8/16/2022
ATTACHMENTS
1. Resolution
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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 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 6 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, March 8, 2022, April 5, 2022, May 10, 2022, June 7, 2022, July 5, 2022, and July 12, 2022 the City Council approved Resolutions Nos. 21-9013, 21-9023, 21-9038, 22- 9042, 22-9051, 22-9058, 22-9067, 22-9087, 22-9096, 22-9115 and 22-9124 respectively, to Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 3 of 6 Rev: 11/22/17
allow City Legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361;
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 Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 4 of 6 Rev: 11/22/17
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. 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, as of April 27, COVID-19 levels in wastewater concentrations in the greater Bay Area from Sacramento to Yolo, San Francisco and Santa Clara County and San Mateo County, were similar to what they were during the Delta surge in the summer of 2021, indicating another wave of the pandemic, although not resulting in an increase in hospitalizations; WHEREAS, on April 28, Bay Area Rapid Transit reinstated its mask mandate effective immediately through July 18, which impacts the system’s 50 stations in five Bay Area counties; WHEREAS, on May 10, 2022, Santa Clara County’s Health Officer Dr. Sara Cody warned that COVID case counts and hospitalizations are on the increase, with a weekly average of 552 cases and 80 to 100 people currently hospitalized, and urged everyone to consider wearing masks in high-risk settings, keep a stockpile of tests, and exercise caution when socializing indoors;
WHEREAS, on May 13, 2022, Bay Area health officers from the counties of Alameda, Contra Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 5 of 6 Rev: 11/22/17
Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Sonoma and the City of Berkeley urged residents to wear face masks in indoor public settings as COVID-19 infections driven by highly contagious virus variants multiply throughout the region;
WHEREAS, as of May 31, 2022, new coronavirus cases in California increased 13.2% from the prior week and California ranked 10th among the states where coronavirus was spreading the fastest on a per person basis; WHEREAS, on June 3, 2022, due to the continued increase in positive COVID-19 cases in the City employee workforce and local community, the City extended the mandatory mask mandate for all City employees, regardless of vaccination status, through July 1, 2022;
WHEREAS, as of June 13, 2022, new COVID-19 cases in California rose 32.3% from the prior week with 128,893 new cases, with California ranking fourth among the states where COVID-19 was spreading the fastest on a per-person basis, and Santa Clara County with the highest worst weekly outbreaks on a per-person basis;
WHEREAS, on June 15, 2022, an advisory panel to the FDA voted unanimously to recommend the Pfizer and Moderna COVID-19 vaccines for children ages five and younger; WHEREAS, on June 18, 2022, the CDC and federal regulators authorized the Pfizer-BioNTech vaccine for children ages six months through four years old and the Moderna vaccine for children ages six months through five years old starting June 21, 2022; WHEREAS, as of July 5, 2022, the new omicron subvariant known as BA.5 now comprises a majority of U.S. COVID-19 cases, according to data released from the Centers for Disease Control and Prevention (CDC). The BA.5, along with a related subvariant known as BA.4, has mutations that have shown an increased ability to evade the protection from vaccines and previous infection;
WHEREAS, as of July 6, 20222, all nine local counties are back in the CDC's high-risk category for COVID-19 community levels, and the highly-transmissible BA.5 subvariant of the virus that Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 6 of 6 Rev: 11/22/17
causes COVID-19 is quickly taking over;
WHEREAS, on July 28, 2022, Bay Area Rapid Transit reinstated its mask mandate effective immediately through October 1, 2022, which impacts the system’s 50 stations in five Bay Area counties;
WHERAS, on August 4, 2022, the CDC continued to classify Santa Clara County in the high community level for coronavirus, in its weekly update; 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 teleconference 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 September 15, 2022 unless staff returns to City Council on or before September 15, 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. 22-9124 adopted on July 12, 2022 and incorporated herein by reference, are on-going.
2. That the City Council finds that there is a need to teleconference 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 Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 7 of 6 Rev: 11/22/17
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 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 Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 8 of 6 Rev: 11/22/17
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
22-985 Agenda Date: 8/16/2022
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Authorizing the Use of City Electric Forces for New Dark Fiber Installations at Various Locations
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Charter Section 1310 titled Contracts on Public Works states, in part, “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.” In 2014, the Electric Department developed a position called Fiber Splicing Technician as an inhouse position to primarily perform maintenance and repairs to meet the fiber performance standards of then existing fiber customers that includes both City departments as well as commercial lease customers. Fiber Splicing Technician activities include basic splicing and distribution changes to fiber optic cables. The technician can also perform duties such as pulling, laying, aligning and positioning fiber optic equipment to prepare for a new connection to the fiber network. Fiber Splicing Technicians perform fusion splicing at building entrances and in maintenance spaces. At this time, SVP employs two Fiber Splicing Technicians.
DISCUSSION
Currently, the SVP Fiber Enterprise serves SVP, other City department functions, and various commercial lease customers. As the work is specialized, the position of Fiber Splicer Technician performs a variety of activities from maintenance and repair to new or re-spliced interconnections to the SVP Fiber Enterprise. Each interconnection can be unique involving different hours of labor depending on the number of fibers required to be spliced and the particular location within the network. Technician time is tracked hourly and not on a per fiber basis.
Large or extensive projects involving extending fiber cable being laid along new paths or great distances or adding conduit or related infrastructure are done using a previously bid unit price Public Works contract with a private construction contractor. SVP spends up to $1 million per year on this public works contract for new Fiber network construction and certain maintenance and repair activities.
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22-985 Agenda Date: 8/16/2022
Staff believes that the Fiber Splicer Technician work that may be required in new construction projects is best and most efficiently performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining and repairing the fiber optic system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council make a finding that City forces can better perform the Fiber Splicing and related equipment installation, splicing and connections to the existing SVP Fiber infrastructure and approve the use of City forces.
Estimate Number: FWM#1503
Location: Gianera Substation to Donald Von Raesfeld Power Plant Description of Work: Splice, terminate, and test fibers from Gianera Subtation to Donald Von Raesfeld Power Plant
Estimated Cost: $10,381
Appropriation: Electric Utility Capital Fund (591) Project 2434 - Replace Balance of Plant Control System (DCS)
Source of Revenue: Customer Service Charges
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15302(c) (Class 2 - Replacement or Reconstruction) because the proposed work involves the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity, and 15303(d) (Class 3 - New Construction or Conversion of Small Structures), because the proposed work involves the construction of new utility extensions.
FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $10,381, are included in the Fiscal Year 2022/2023 Capital Budget, Replacement Balance of Plant Control System (DCS) project in the Electric Utility Capital Fund. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW).
DPW costs are recovered through payment of permit fees.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
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 report to Council may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Determine the proposed actions are exempt from CEQA and adopt a Resolution authorizing the use City of Santa Clara Page 2 of 3 Printed on 8/11/2022
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22-985 Agenda Date: 8/16/2022
of City Electric Forces for work detailed in this report located at Gianera Substation to Donald Von Raesfeld Power Plant.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Resolution - Use of City Electric Forces
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Resolution/Use of City Forces Page 1 of 2
Rev: 03-09-18
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
AUTHORIZING THE USE OF CITY ELECTRIC FORCES
PURSUANT TO CHARTER SECTION 1310
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara’s Charter section 1310 requires all contracts involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of a public works project to be let to the lowest responsible bidder; WHEREAS, Charter section 1310 permits the City to use its own employees if the City Council, by motion passed by at least four affirmative votes, determines that the public works may be done better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310;
WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council, dated August 15, 2022, by its own employees.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City Council of the City of Santa Clara does hereby declare and determine that the public works set forth in the 22-985 Report to Council, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees. ///
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2. Effective date. This resolution shall become effective immediately.
Resolution/Use of City Forces Page 2 of 2
Rev: 03-09-18
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: August 15, 2022 Report to Council #22-985.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-817 Agenda Date: 8/16/2022
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Charter Section 1310 titled Contracts on Public Works states, in part, “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.”
DISCUSSION
Staff believes that the work described below is best and most efficiently performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining the electric system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council make a finding that City forces can better perform the installation of the following electric facilities and approve the use of City forces.
Estimate Number: 35526
Location: 2400 Agnew Road
Type of Service: Capacity
Description of Work: Disconnect and reconnect secondary padmount transformer service. Install and remove 400A 3-phase, 4-wire, 120/208V metering devices.
Estimated Cost: $4,256
Appropriation: Electric Utility Capital Fund (591) Project 2006 - Distribution Capital Maintenance and Betterments
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37765
Location: 3355 Thomas Road
Type of Service: Load Increase
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22-817 Agenda Date: 8/16/2022
Description of Work: Removal of existing electric revenue meter. Installation of new electric revenue meters. Connection of customer owned secondary service conductors in existing padmount transformer.
Estimated Cost: $7,239
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 35843
Location: 2175 Martin Avenue
Type of Service: New Business
Description of Work: Install approximately 1200' of 1100 amp aluminum underground triplex cable, (2) vacuum disconnect switches, (21) manhole splices, (18) switch elbows, (6) switchgear cable terminations, (3) pole cable terminations, (2) 12kV metering and devices, and replace (1) street light.
Estimated Cost: $201,244
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 34732
Location: 1850 El Camino Real
Type of Service: New Business
Description of Work: Install 500 kva padmounted transformer, 1200' high voltage underground cable, 12 high voltage splices, connect customer service cables, install metering for 800amp house meter and 56 residential meters.
Estimated Cost: $57,880
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37937
Location: 2235 Calle De Luna and 2232 Calle Del Mundo
Type of Service: New Business
Description of Work: Install 3 wood poles and hardware to connect overhead to underground circuits, install 500' underground cable and 3 splices and reconnect one customer service. Remove 2 poles and hardware, 3 pole mounted transformers, 1 padmounted transformer, and 50' underground cable.
Estimated Cost: $46,661
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37963
Location: 2235 Calle De Luna and 2232 Calle Del Mundo
Type of Service: New Business
Description of Work: Install 1 padmounted transformer, 100' underground cable and connect to 12 kv circuit. Connect customer service cables and install metering for temp City of Santa Clara Page 2 of 3 Printed on 8/11/2022
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22-817 Agenda Date: 8/16/2022
power panel.
Estimated Cost: $26,138
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15302(c) (Class 2 - Replacement or Reconstruction) because the proposed work involves the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity, and 15303(d) (Class 3 - New Construction or Conversion of Small Structures), because the proposed work involves the construction of new utility extensions.
FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $343,418 are included in the Fiscal Year 2022/23 Capital Budget, as indicated by each project appropriation. Of that amount, $339,162 is in New Business Estimate Work project in the Electric Utility Capital Fund and $4,256 is in Distribution Capital Maintenance and Betterments. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
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] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Determine the proposed actions are exempt from CEQA and adopt a Resolution authorizing the use of City Electric Forces for work detailed in this report located at 2400 Agnew Road, 3355 Thomas Road, 2175 Martin Avenue,1850 El Camino Real, 2235 Calle De Luna and 2232 Calle Del Mundo.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Resolution - Use of City Electric Forces
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Resolution/Use of City Electric Forces Page 1 of 2
Rev: 03-09-18
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
AUTHORIZING THE USE OF CITY ELECTRIC FORCES
PURSUANT TO CHARTER SECTION 1310
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara’s Charter section 1310 requires all contracts involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of a public works project to be let to the lowest responsible bidder; WHEREAS, Charter section 1310 permits the City to use its own employees if the City Council, by motion passed by at least four affirmative votes, determines that the public works may be done better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310; and
WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council, dated August 16, 2022, by its own employees.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City Council of the City of Santa Clara does hereby declare and determine that the public works set forth in the 22-817 Report to Council, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees. ///
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2. 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: August 16, 2022, Report to Council #22-817.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1047 Agenda Date: 8/16/2022
REPORT TO COUNCIL
SUBJECT
Action to Waive Second Reading and Adopt Ordinance No. 2048 to establish objective subdivision, zoning, and design standards for SB 9 residential projects by amending Title 18 (Zoning) to create Chapter 18.13 (Two Unit Dwelling Residential Development and Urban Lot Splits)
BACKGROUND
At the July 5, 2022 Council meeting, proposed Ordinance No. 2048 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2048 was published to the Santa Clara Weekly on August 10, 2022, and copies were posted in three public places.
DISCUSSION
In 2021, the California Legislature enacted Senate Bill 9 (SB 9), which requires ministerial review and approval of two dwelling units on most single family (R1) lots, and authorizes ministerial lot splits of most R1 lots.
Proposed Ordinance No. 2048 would establish objective subdivision, zoning, and design standards for SB 9 residential projects by adding a new Chapter 18.13 (Two Unit Dwelling Residential Development) to Title 18 (Zoning). The new Chapter would regulate the following topics: (1) maximum unit size (1000 square feet); (2) parking space requirements (one space for each house that is more than ½ mile from transit, and 0 spaces for homes closer to transit); (3) minimum front yard landscaping (50%); (4) maximum height (1 story in the rear 15 feet of a parcel; 1.5 stories for the rest of the parcel); and (5) preservation of solar access to photovoltaic panels.
ENVIRONMENTAL REVIEW
Pursuant to California Government Code Sections 65852.21 (j) and 66411.7 (n), a local agency may adopt an ordinance to implement SB 9 and that ordinance shall not be considered a project under CEQA (Division 13 (commencing with Section 21000) of the Public Resources Code).
FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time and expense.
COORDINATION
This report has been coordinated with the Community Development Department.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2048 was published to the Santa Clara Weekly on August 10, 2022, and copies were posted in three public places and made available for public inspection at City of Santa Clara Page 1 of 2 Printed on 8/11/2022
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22-1047 Agenda Date: 8/16/2022
the City Clerk’s Office.
Public contact was also 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]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Waive Second Reading and Adopt Ordinance No. 2048 to establish objective subdivision, zoning, and design standards for SB 9 residential projects by amending Title 18 (Zoning) to create Chapter
18.13 (Two Unit Dwelling Residential Development).
Reviewed by: Steven Ngo, Interim City Attorney
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Ordinance No. 2048
City of Santa Clara Page 2 of 2 Printed on 8/11/2022
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ORDINANCE NO. 2048
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING TITLE 18 ("ZONING") BY
ADDING A NEW CHAPTER 18.13 ("TWO-UNIT DWELLING
RESIDENTIAL DEVELOPMENT AND URBAN LOT
SPLITS") TO "THE CODE OF THE CITY OF SANTA CLARA,
CALIFORNIA"
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, on September 16, 2021, Governor Newsom signed into law legislation known as Senate Bill 9, the "California H.O.M.E. Act" (SB 9), which added Sections 65852.21 and 66411.7 to the California Government Code;
WHEREAS, beginning January 1, 2022, SB 9 requires local agencies to ministerially approve the construction of two primary dwellings and lot splits, pursuant to a parcel map, on single-family residential zoned lots upon satisfaction of a number of qualifying criteria; WHEREAS, SB 9 allows local agencies to impose objective zoning, subdivision, and design review standards on the construction of two residential dwellings on single-family lots, subject to certain limitations;
WHEREAS, this ordinance amends Title 18 to implement the provisions of SB 9 with specific objective zoning, subdivision, and design review standards; and WHEREAS, pursuant to Government Code Sections 65852.21 U) and 66411.7 (n), a local agency may adopt an ordinance to implement SB 9 and that ordinance shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That a new Chapter 18.13 (entitled "Two Unit Dwelling Residential Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
Development and Urban Lot Splits") is hereby added to Title 18 (entitled "Zoning") of "The Code of the City of Santa Clara, California" ("SCCC") to read as follows:
"Chapter 18.13
Two Unit Dwelling Residential Development and Urban Lot Splits
18.13.010 Purpose. The purpose of this Chapter is to regulate two dwelling unit residential development and urban lot splits in compliance with California Government Code Sections 65852.21 and 66411. 7 to allow two detached or attached housing units on one parcel, and ancillary uses and structures, and to allow urban lot splits. Proposed two dwelling unit housing developments and urban lot splits shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the requirements of this Chapter.
18.13.020 Applicability.
This Chapter shall apply to properties within the Single-Family Residential Zone (R1-6L) and Single-Family Residential, Larger Parcel Zone (R1-8L), with the following exceptions:
(a) The development site is within a state or local historic district or is included on the State Historical Resources Inventory or on the City's Historic Resource Inventory. (b) The property is located on a hazardous waste site, as defined by Government Code Section 65913.4(a)(6)(E).
(c) The property is within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood), as defined by Government Code Section 65913.4(a)(6)(G).
Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
(d) The property is within a regulatory floodway, as defined by Government Code Section 65913.4(a)(6)(H).
(e) The development would demolish or alter any existing dwelling unit that is subject to affordability restrictions under a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(f) The development would demolish or alter any existing dwelling unit on the lot that has been occupied by a tenant in the last three years prior to the date of application.
18.13.030 Construction of Multiple Units in Single Family Zones Notwithstanding Sections 18.10.030 and 18.12.030, up to two homes are permitted on a single parcel within the R1-6L and R1-8L zones, subject to the requirements of this Chapter. On a parcel that has not been divided pursuant to Section 18.13.050, accessory dwelling units meeting the requirements of Sections 18.10.030(d) or
18.12.030(d) are also permitted.
18.13.040 Development Standards Applicable to All Lots With Two Units. (a) Off-Street Parking Requirements. For development that will result in two units on a lot, the minimum parking requirement shall be one space per unit, with the exception that no parking is required if the parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or if the parcel is located within one block of a car share facility.
Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
(b) Off-Street Parking Design Standards. If off-street parking is required, the parking shall meet the parking design standards in Chapter 18. 7 4. (c) Solar Access. After the installation of solar collector, a person owning or in control of another property shall not construct or alter a residence so as to cast a shadow greater than 10 percent of the collector absorption area upon that solar collector surface at any one time between the hours of 10 a.m. and 2 p.m., Pacific Standard Time.
18.13.050 Development Standards within R-1 Building Envelope For development that will result in two units on a lot, if both units proposed will be located entirely within the allowed R-1 building envelope, the development standards of the R1- 6L or R 1-8L zone will apply to each house, except that the maximum number of houses shall be two per lot.
18.13.060 Development Standards outside of R-1 Building Envelope For development that will result in two units on a lot, where any portion of a building or buildings is proposed to be located outside of the allowed R-1 building envelope, the following development standards apply.
Residential developments shall comply with the development standards in this Chapter and for the R 1-SL and R 1-6L Zones, as applicable, set forth in Chapters 18.10 and 18.12 (Single-Family, Larger Lot Area Zoning and Single-Family Zoning Districts) and additional parking regulations set forth in Chapter 18.74 (Parking Regulations), with the following exceptions:
(a) Size. Units may be as small as 220 square feet in floor area or as large as 1,000 square feet in floor area.
Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
(b) Maximum Height/Stories.
(1) Rear 15 feet of a parcel: Buildings or structures shall not exceed one story in height or 16-feet.
(2) All other areas on the parcel: Buildings or structures shall not exceed one and one-half stories or 25 feet in height
(c) Side and Rear Setbacks. Minimum side and rear setbacks shall be the least of the following:
(1) As required by Chapters 18.10 (R1-8L) or 18.12 (R1-6L), as applicable; (2) 4 feet;
(3) The setbacks of an existing structure for which there is no proposal to alter its dimensions, or a structure constructed in the same location and to the same dimensions as an existing structure.
(d) Upper Story Windows. Second story egress windows shall face the front property line or interior of the project. Otherwise second story windows must be either of the following:
(1) 5-foot minimum sill height above finished floor; or (2) Clerestory; or
(3) Opaque/frosted glass.
(f) Second Story Balconies and Roof Decks. Balconies with a maximum depth of 4-feet allowed within the R1-6L and R1-8L setbacks. Roof decks are not allowed.
Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
(g) Front Door Placement/Orientation. For units within 30-feet of a street, the main entrance door or entry porch must be oriented to the street and be located no more than 5-feet behind the front most wall of the unit.
(h) Garage Location/Size. For garages within 30-feet of a street, the maximum width for a garage with a garage door facing the street is 40 percent of the lot width. (i) Front Yard Landscaping. A minimum of 50 percent of the front yard shall be maintained as un-paved landscaping, except as may be required to meet minimum offstreet parking and access requirements of the Zoning Code.
U) Modification or Waiver of Standards. An applicant for a residential development that will result in two homes on a lot may apply for a modification or waiver of specific development standards, if all of the following requirements are met:
(1) The applicant must demonstrate, to the satisfaction of the Zoning Administrator, that the strict application of development standards in this Chapter, or the standards for the R1-6L or R1-8L Zones (set forth in Chapters 18.12 and 18.10) would preclude the construction of a maximum of two units, where each unit is at least 800 square feet in floor area.
(2) The applicant shall have the burden of proof to establish that the modification or waiver is necessary and that there is no redesign possible that would still allow for the construction of two dwellings of at least 800 square feet without the modification or waiver.
(3) Notwithstanding the foregoing, a modification or waiver shall not be used to reduce the minimum setback size to less than four feet, unless the setback is on Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
an existing legal structure with setbacks of less than four feet, and the proposed development either (A) does not propose to modify the dimensions of that existing structure, or (B) will replace the structure with another structure with exactly the same dimensions.
18.13.070 Urban Lot Splits.
An application for a parcel map for an urban lot split within the R1-6L or R1-8L zones shall go through a streamlined review process pursuant to Section 17.05.430 if it meets all of the requirements of this Section.
(a) Subdivision Requirements. A parcel map for an urban lot split must meet all of the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. (2) Both newly created parcels are no smaller than 1,200 square feet. (3) Both newly created parcels have a minimum 24 feet of street frontage with a minimum average width of 24 feet. For flag lots, the flagpole portion, whether this is part of the flag lot or an easement to the flag lot, shall have a minimum width of 12 feet and a maximum width of 15 feet and the flag portion shall have a minimum depth of 40 feet.
(4) Both parcels resulting from the urban lot split have access to, provide access to, or adjoin the public right-of-way through right-of-way frontage or recorded access easements (as a Covenant of Easement on the parcel map).
Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
(5) The approved parcel map shall include a notation that the parcels were created using the Urban Lot Split provisions of this Chapter and the resulting parcels cannot be further subdivided under this Section.
(6) The urban lot split conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this Section.
(7) The parcel being subdivided was not established through prior exercise of an urban lot split as provided for in this Chapter.
(8) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this Chapter.
(b) Development Standards. Development standards for each new parcel resulting from an urban lot split shall conform to Section 18.13.030. Development standards shall be applied to each new parcel individually. New flag lots shall provide a 15-foot minimum front setback (measured from the property line shared between the front lot and the flag lot).
(c) Nonconforming Zoning Conditions. Correction of legal nonconforming zoning conditions shall not be required as a condition for ministerial approval of a parcel map application for the creation of an urban lot split. (d) Residency Requirement. An applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
urban lot split. This requirement shall not apply to an applicant that is a "community land trust" as defined in Revenue and Taxation Code Section 402.1(a)(11)(C), or is a "qualified nonprofit corporation" as described in Revenue and Taxation Code Section 214.15.
(e) Residential Use. Except as authorized by Chapter 18.100, any parcel created through this Chapter may only be used for residential purposes and any unit created through this Chapter shall not be used as a short-term rental (rented for a period of 30 days or less).
18.13.080 Accessory Dwelling Units.
On a parcel that has not been divided pursuant to Section 18.13.050, an Accessory Dwelling Unit (ADU) and/or a Junior ADU (JADU) that conform with California Government Code Sections 65852.2 (ADUs) and 65852.22 (JADUs) are allowed in addition to the units allowed in this Section. Once a parcel has been divided pursuant to Section 18.13.050, however, the maximum number of dwellings on each resulting parcel, inclusive of any ADU or JADUs, is two.
18.13.090 Definitions. For purposes of this Chapter the following definitions shall apply:
(a) "Acted in concert" means that the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel. (b) "Car Share Facility" means one or more parking spaces that have been designated permanently for car share vehicles, where the vehicles are leased for short periods of time, often by the hour.
Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
(c) "Demolish or alter" means removal of more than 25-percent of exterior walls on a building even if the rental unit itself is not altered. (d) "Egress window" means a window with a minimum net clear opening dimensions of at least 20" in width and 24" in height.
( e) "Flag Lot" means a parcel with access provided to the bulk of the lot by means of a corridor between 12 and 15 feet in width, inclusive. (f) "Half Story" means a habitable living space with a sloping roof, which may have dormer windows.
(g) "R-1 Building Envelope" means an area defined by the minimum setback and maximum lot coverage requirements of Chapters 18.10 or 18.12, whichever is applicable.
(h) "Solar collector" means a fixed device, structure, or part of a device or structure, on the roof of a building, comprising photovoltaic panels, that is used primarily to transform solar energy into electrical energy.
(i) "Urban Lot Split" means a subdivision of a residential lot located in either the R1-6L or R1-8L zone into two lots subject to the requirements of this Chapter." II
II
II
II
II
Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
SECTION 2: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 3: 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 5TH day of July, 2022, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Becker, Chahal, Hardy, Jain, Park, and Watanabe
and Mayor Gillmor
None
None
None
ATTEST:
NORA PIMENTEL, M
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
Ordinance/SB 9 Regulations for Two-Unit Residential Development Rev: 05/2022
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1048 Agenda Date: 8/16/2022
REPORT TO COUNCIL
SUBJECT
Action to Waive Second Reading and Adopt Ordinance No. 2049 amending Chapter 17.05 (Subdivisions) of Title 17 (Development) to revise the subdivision process for SB 9 developments.
BACKGROUND
At the July 5, 2022 Council meeting, proposed Ordinance No. 2049 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2049 was published to the Santa Clara Weekly on August 10, 2022, and copies were posted in three public places.
DISCUSSION
In 2021, the California Legislature enacted Senate Bill 9 (SB 9), which requires ministerial review and approval of two dwelling units on most single family (R1) lots, and authorizes ministerial lot splits of most R1 lots.
Proposed Ordinance No. 2049 would amend Chapter 17.05 (Subdivisions) of Title 17 (Development) to revise the subdivision process for SB 9 developments. Chapter 17.05 currently requires a discretionary approval by the City Council for all lot splits. The proposed ordinance would modify Chapter 17.05 to provide that lot splits under SB 9 are ministerial and shall be approved by the City Engineer, and make related changes.
ENVIRONMENTAL REVIEW
Pursuant to California Government Code Sections 65852.21 (j) and 66411.7 (n), a local agency may adopt an ordinance to implement SB 9 and that ordinance shall not be considered a project under CEQA (Division 13 (commencing with Section 21000) of the Public Resources Code).
FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time and expense.
COORDINATION
This report has been coordinated with the Community Development Department.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2049 was published to the Santa Clara Weekly on August 10, 2022, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
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 City of Santa Clara Page 1 of 2 Printed on 8/11/2022
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22-1048 Agenda Date: 8/16/2022
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]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Waive Second Reading and Adopt Ordinance No. 2049 to amend Chapter 17.05 (Subdivisions) of Title 17 (Development) to revise the subdivision process for SB 9 developments.
Reviewed by: Steven Ngo, Interim City Attorney
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Ordinance No. 2049
City of Santa Clara Page 2 of 2 Printed on 8/11/2022
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ORDINANCE NO. 2049
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING CHAPTER 17.05
("SUBDIVISIONS") OF TITLE 17 ("DEVELOPMENT") OF
"THE CODE OF THE CITY OF SANTA CLARA,
CALIFORNIA" TO REVISE THE SUBDIVISION PROCESS
FOR SB 9 DEVELOPMENTS
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, on September 16, 2021, Governor Newsom signed into law legislation known as Senate Bill 9, the "California H.O.M.E. Act" (SB 9), which added Sections 65852.21 and 66411. 7 to the California Government Code;
WHEREAS, beginning January 1, 2022, SB 9 requires local agencies to ministerially approve the construction of two primary dwellings and lot splits, pursuant to a parcel map, on single-family residential zoned lots upon satisfaction of a number of qualifying criteria; WHEREAS, SB 9 allows local agencies to impose objective zoning, subdivision, and design review standards on the construction of two residential dwellings on single-family lots, subject to certain limitations;
WHEREAS, because the law requires SB 9 projects, including lot splits, to be conducted ministerially (without public hearing or discretionary review), the City's subdivision ordinance, SCCC Chapter 17.05, which currently requires all subdivisions to have a public hearing at City Council, must also be amended to provide for the ministerial review and approval, by the City Engineer, of SB 9 Parcel Maps; and WHEREAS, this ordinance amends Title 17 to implement the provisions of SB 9 with specific objective subdivision review standards; and
WHEREAS, pursuant to Government Code Sections 65852.21 U) and 66411.7 (n), a local agency may adopt an ordinance to implement SB 9 and that ordinance shall not be Ordinance/SB 9 Subdivision Regulations for Two-Unit Residential Development Rev: 05/2022
considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That Section 17.05.110 (entitled "Responsibilities") of Chapter 17.05 (entitled "Subdivisions") of Title 17 ( entitled "Development") of "The Code of the City of Santa Clara, California" ("SCCC") is hereby amended to read as follows:
"17.05.110 Responsibilities.
(a) City Attorney. The City Attorney shall be responsible for approving as to form all property development agreements, subdivision improvement agreements and/or public improvement agreements.
(b) City Manager. Pursuant to the authority granted by Section 802(a) of the Santa Clara City Charter, the City Manager shall designate the following positions:
Director of Planning and Inspection, City Engineer, and Building Official. Further, the City Manager shall be responsible for executing all property development agreements, subdivision improvement agreements and/or public improvement agreements. (c) City Council. The City Council shall have final jurisdiction in the approval of tentative and final maps, tentative parcel maps and improvement agreements, and the acceptance by the City of lands and/or improvements as may be proposed for dedication to the City for subdivisions of five or more parcels. Notwithstanding the foregoing, the City Engineer shall have approval authority over lot splits pursuant to Sections 17.05.430 and 18.13.050.
The City Council shall act as the appeal board for hearing appeals of the approval, conditional approval or denial of tentative subdivision maps for subdivisions of five or more parcels.
(d) City Engineer. The City Engineer shall be responsible for:
(1) Establishing design and construction details, standards and specifications;
(2) Determining if proposed subdivision improvements comply with the provisions of this chapter and the Subdivision Map Act and for reporting the findings together with any recommendations for approval, or conditional approval, of the tentative map to the Director of Planning and Inspection; Ordinance/SB 9 Subdivision Regulations for Two-Unit Residential Development Rev: 05/2022
(3) The processing of final maps, parcel maps, reversion to acreage maps and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers, lot splits pursuant to Sections 17.05.430 and 18.13.050, and certificates of compliance;
(4) Examining and stating that final maps and parcel maps are in substantial conformance with the approved tentative map; (5) The inspection, approval and acceptance of subdivision improvements; (6) The acceptance of dedications and improvements for subdivisions of four or fewer parcels.
(e) Director of Community Development. The Director of Community Development shall be responsible for:
(1) The processing of tentative subdivision and tentative parcel maps, and for the collection of all required planning fees.
(2) The recording of a notice of completion of private subdivision improvements when not to be maintained by the City.
(f) Project Clearance Committee. The Project Clearance Committee shall be responsible for the review of tentative maps for subdivisions of five or more parcels or units for compliance with City ordinances and regulations and determining the practicability of the proposal with respect to the provision of City services, and for providing suitable conditions of approval to the Planning Commission and the City Council.
(g) Planning Commission. The Planning Commission shall be responsible for making recommendations for approval, conditional approval, or denial of the tentative map for subdivisions of five or more lots or units and reporting its recommendations to the City Council; and hearing of appeals for minor subdivisions of four or fewer parcels. (h) Subdivision Committee. The Subdivision Committee shall be responsible for making recommendations for approval, conditional approval or denial of tentative parcel maps for four or fewer parcels and review of lot line adjustments. (i) Director of Community Development. The Director of Community Development shall be responsible for investigating proposed subdivisions for conformity to the General Plan, specific plans and Zoning Ordinance of the City, and reporting findings together with recommendations for approval or conditional approval to the Planning Commission and City Council for subdivisions of five or more parcels." Ordinance/SB 9 Subdivision Regulations for Two-Unit Residential Development Rev: 05/2022
SECTION 2: That Subsection (e) (entitled "Approval and/or Denial") of Section 17.05.400 (entitled "Tentative Parcel Map") of Chapter 17.05 (entitled "Subdivisions") of Title 17 (entitled "Development") of "The Code of the City of Santa Clara, California" ("SCCC") is hereby amended to read as follows:
"(e) Approval and/or Denial.
(1) In approving or conditionally approving the tentative map, the City Council shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the General Plan and any applicable specific plans adopted by the City and all applicable provisions of this code and if the tentative map provides, to the extent feasible, for future passive or natural heating or cooling opportunities.
(2) Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or annul an approval of the City Council, Planning Commission, Subdivision Committee or City staff concerning a subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense."
SECTION 3: That a new Section 17.05.430 (entitled "Parcel Map for Lot Splits Pursuant to Section 18.13.050") is hereby added to Chapter 17.05 (entitled "Subdivisions") of Title 17 (entitled "Development") of "The Code of the City of Santa Clara, California" ("SCCC") to read as follows:
"17 .05.430 Parcel Map for Lot Splits Pursuant to Section 18.13.050 (a) Parcel Maps for Lot Splits pursuant to Section 18.13.050 shall comply with all requirements of Section 17.05.400, Tentative Parcel Map, except for subsections (d), (e)(1 ), and (f).
(b) Parcel Maps for Lot Splits Pursuant to Section 18.13.050 shall also comply with all requirements of Section 17.05.410, Parcel Maps. (c) The City Engineer shall approve the Parcel Map for a Lot Split pursuant to Section 18.13.050 unless the City Engineer determines that the proposed map is not Ordinance/SB 9 Subdivision Regulations for Two-Unit Residential Development Rev: 05/2022
consistent with specific objective standards of the General Plan, applicable specific plans, or any applicable provision of this Code."
SECTION 4: That Section 17.05.500 (entitled "Dedication of streets, alleys and other public rights-of-way or easements") of Chapter 17.05 (entitled "Subdivisions") of Title 17 (entitled "Development") of "The Code of the City of Santa Clara, California" ("SCCC") is hereby amended to read as follows:
"17 .05.500 Dedication of streets, alleys and other public rights-of-way or easements.
(a) As a condition of approval of a tentative, or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys, including access rights and abutters' rights, drainage, public greenways, scenic easements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights, drainage, public utility easements and other public easements.
(b) This Section does not apply to lot splits pursuant to Sections 17.05.430 and
18.13.050."
SECTION 5: That Subsection (a) (entitled "General") of Section 17.05.610 (entitled "Improvements required") of Chapter 17.05 (entitled "Subdivisions") of Title 17 (entitled "Development") of "The Code of the City of Santa Clara, California" ("SCCC") is hereby amended to read as follows:
"(a) General. All improvements as may be required as conditions of approval of the tentative map or City ordinance, together with, but not limited to the following shall be required of all subdivisions.
(1) Requirements for construction of on-site and off-site improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map.
(2) As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the Ordinance/SB 9 Subdivision Regulations for Two-Unit Residential Development Rev: 05/2022
public, subject to the provisions of Sections 66485 through 66489 of the Subdivision Map Act.
(3) Notwithstanding subsections (a)(1) and (a)(2) above, for Lot Splits authorized by Sections 18.13.050 and 17.050.430, required improvements shall be limited to on-site improvements."
SECTION 6: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 7: 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 5TH day of July, 2022, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Becker, Chahal, Hardy, Jain, Park, and Watanabe
and Mayor Gillmor
None
None
None
ATTEST:
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
Ordinance/SB 9 Subdivision Regulations for Two-Unit Residential Development Rev: 05/2022
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-649 Agenda Date: 8/16/2022
REPORT TO COUNCIL
SUBJECT
Note and File the 2022 Evaluation Report of the Hazard Mitigation Plan
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City of Santa Clara’s Hazard Mitigation Plan (HMP) was adopted by the City Council on December 19, 2017, as Annex L of the City’s Emergency Operations Plan. The Federal Emergency Management Agency (FEMA) determined Volume 2 of the HMP to also be the City’s Floodplain Management Plan during the 2018 audit of the City’s National Flood Insurance Program’s (NFIP) Community Rating System (CRS). Consequently, an Annual Evaluation of the HMP is required by FEMA as part of their annual audit of the City’s CRS.
The CRS is a voluntary incentive program that recognizes and encourages floodplain management activities that exceed the minimum NFIP requirements. Flood insurance premium rates for residents and businesses are discounted to reflect the reduced flood risk. The City is currently designated as CRS Class 7, which means the City’s residents and businesses in a Special Flood Hazard Area (SFHA) are eligible for a 15% insurance premium discount, and others in the City not in a SFHA are eligible for a 5% insurance premium discount.
The Santa Clara County Office of Emergency Management (SCCOEM) has been awarded a grant to complete the update of the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), which is set to expire at the end of 2022. The County reports that they are currently in the process of selecting a contractor for the plan update and will begin the planning process once the contractor has been selected, and the County officially accepts the grant funds. SCCOEM plans to engage all jurisdictions in the operational area, including the City of Santa Clara, in their plan update process, and anticipates the planning process to begin in Fall of 2022. Although the current plan expires in December 2022, SCCOEM has received assurance from the Governor’s Office of Emergency Services (CalOES) that none of the existing mitigation projects are at risk upon plan expiry as long as the plan update is in progress.
DISCUSSION
The Evaluation Report of the HMP documents the City’s progress on hazard mitigation objectives that were determined in 2017. The report was prepared by the City’s Office of Emergency Services with input from the Hazard Mitigation Review Committee comprised of City Department leaders and private sector partners who met on November 8, 2021, and January 10, April 25, and June 28, 2022.
This evaluation report has been updated to reflect changes made since the pandemic response.
City of Santa Clara Page 1 of 3 Printed on 8/11/2022
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22-649 Agenda Date: 8/16/2022
Flood preparedness will continue to increase as the newer objectives reach completion. These involve restoring the original storm water storage capacity of the Eastside Retention Basin, “rehabilitating” the Laurelwood Storm Pump Station, and the recent completion of the Westside Storm Pump replacement in 2020.
Other 2021/22 highlights for the City of Santa Clara include the following:
· The City’s proclaimed emergency for COVID-19 continues as does the City's proclaimed emergency for extreme drought. As the extreme drought conditions persist, the City continues to implement the Council approved Water Shortage Contingency Plan, Stage 2 and increase outreach on water use prohibitions and conservation rebates. One of the major modifications to the Water Shortage Contingency Plan taken by City Council on April 19, 2022, was to reduce outdoor watering to 2 days per week in order to further achieve water use reduction goals.
· The Fire Department developed unmanned aerial vehicle (UAV)/drone capability for hazard mitigation surveys and post-disaster damage assessments, and developed policies, procedures, and staff training guidelines for UAV use. The Fire Department completed the purchasing process for a drone and took possession in May 2021. The Fire Department is fully authorized to fly the drone after successfully acquiring a Certificate of Authorization (COA) from the Federal Aviation Administration (FAA). The Fire Department has flown the drone on two missions, one for post-fire damage assessment/ investigation and the other for incident command of a large commercial building fire.
· The citywide generator replacement project continues. Phase I of the generator replacement project is nearing completion and new generators have been installed at several fire stations, the Emergency Operations Center, and some water department sites. Phase II of the project, which includes two storm pump stations and two water well sites is currently in design phase.
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.
COORDINATION
This report has been coordinated with the City Attorney’s Office, City Manager’s Office, Silicon Valley Power, Water & Sewer Utilities, and Community Development, Finance, Fire, Police, and Public Works Departments.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Page 2 of 3 Printed on 8/11/2022
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22-649 Agenda Date: 8/16/2022
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]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Note and File the 2022 Evaluation Report of the Local Hazard Mitigation Plan.
Reviewed by: Ruben Torres, Fire Chief
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. 2022 Evaluation Report of the Local Hazard Mitigation Plan
2. 2017 Annex L, Hazard Mitigation Plan, Volume 2
City of Santa Clara Page 3 of 3 Printed on 8/11/2022
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City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
Backgrounds
The City of Santa Clara’s Hazard Mitigation Plan (HMP) was adopted by the City Council on December 19, 2017, as Annex L of the City’s Emergency Operations Plan and is available on the City website in the Emergency Preparedness section. This Evaluation Report of the HMP documents the City’s progress on hazard mitigation objectives determined in 2017 and was prepared by the City’s Office of Emergency Services (OES) with input from the Hazard Mitigation Review Committee. This is the fourth year that the Committee is providing an evaluation to the City Council. The County of Santa Clara Office of Emergency Management has been awarded a grant to coordinate HMP development for jurisdictions and will accomplish this through a contract.
The City’s Hazard Mitigation Review Committee, comprised of the same City Departments and private sector partners1 that developed the HMP, discussed the progress of objectives via email, small group meetings and four committee meetings that were held on November 8, 2021, and January 10, April 25, and June 28, 2022. This evaluation report has been updated to reflect changes made since the pandemic response.
The HMP will be considered outdated as of December 19, 2022, but the City has submitted a Letter of Commitment to participate in the county-wide update of the HMP. The City will participate with the County and other jurisdictions in the planning process of the HMP update during 2022 and into the Summer of 2023.
Community Outreach
This report will be submitted to the City Council during a meeting on August 16, 2022. In addition, the City will share information about the Evaluation Report through the City Hall News Monthly Newsletter. The blog is available online and distributed electronically to eNotify subscribers including the public and local media. The City will also publish the Evaluation Report on the City website, SantaClaraCA.gov, in the Public Works section.
Summary of Progress
Thirty objectives were identified in the HMP Action Plan in 2017, with three new objectives identified since then, and are noted in the following pages beginning with SC-1 through SC-33.
After the objective is stated, the status is described as “ongoing”, “not yet started,” “new” or “finished.” The status of “ongoing” is considered to be synonymous with “in progress.” Of the 33 objectives, 24 are ongoing, five are not yet started and three are finished. Three new objectives were identified. One objective was deleted and integrated into two others for clarity but is still listed and included in the 33.
The five objectives that are not yet started are not behind schedule. They are long-term in implementation or are awaiting funding.
The finished objectives include the hiring of a Sustainability Manager and the completion of the desilting of the Westside Storm Pump.
1 Kaiser Santa Clara Medical Center and Intel Corporation represent the private sector.
City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
Flood preparedness will continue to increase as the newer objectives reach completion. These involve restoring the original storm water storage capacity of the Eastside Retention Basin, “rehabilitating” the Laurelwood Storm Pump Station, and the recent completion of the Westside Storm Pump replacement in 2020.
Action Plan Objectives
OES/Community Development
SC-1—Where appropriate, support retrofitting, purchase, or relocation of structures in hazardprone areas to prevent future structure damage. Give priority to properties with exposure to repetitive losses
Status: Ongoing. The City of Santa Clara permits retrofits of existing structures, including flood-proofing, consistent with the building code. In addition, the City is supportive of other agencies, including the Santa Clara Valley Water District (Valley Water), in their efforts to remove structures from hazard-prone areas. OES will support Community Development’s lead on this effort and assist with identifying applicable funding.
OES
SC-2—Continue to support the hazard mitigation planning actions identified in this plan.
Status: Ongoing. This objective is re-worded for clarity. OES/FIRE will continue to support hazard mitigation planning actions in the City.
OES
SC-3—Actively participate in the plan maintenance strategy identified in this plan.
Status: Ongoing. OES will continue to coordinate the maintenance strategy identified in this plan.
Community Development/Public Works
SC-4—Consider participation in incentive-based programs such as Tree City and Storm Ready.
Status: Ongoing. The City of Santa Clara has been recognized as a Tree City USA for the past 31 years running. Although the City participates extensively in storm readiness, it is not currently an official Storm Ready City. Pursuing an official Storm Ready designation is not a priority at this time as this would require resources that exceed the City’s current capacity such as a 24-hour Emergency Operations Center and trained “severe weather spotters.” The City leverages working relationships with the National Weather Service and the County Office of Emergency Management to maintain situational awareness of the weather and messages the community through the City’s communications channels with severe weather notices and preparedness information.
City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
Community Development/Public Works
SC-5—Maintain good standing under the National Flood Insurance Program (NFIP) by implementing programs that meet or exceed the minimum NFIP requirements. Such programs include enforcing an updated, adopted flood damage prevention ordinance, participating in floodplain mapping updates, and providing public assistance and information on floodplain requirements and impacts. Continue participating in the Santa Clara County Multi-Jurisdictional Program for Public Information (PPI).
Status: Ongoing. The City of Santa Clara participates in the Federal Emergency Management Agency's (FEMA's) Community Rating System (CRS). CRS is a program through which FEMA rewards communities that perform floodplain management activities above and beyond the minimum requirements of the NFIP. The City has a CRS class 8 rating, so residents and businesses can receive a 15% discount in insurance premiums for properties in Special Flood Hazard Areas and a 5% discount in insurance premiums for properties outside Special Flood Hazard Areas.
The City maintains its participation in NFIP, CRS and PPI. The City had its 5-year cycle visit for CRS in September 2018 and met with other Santa Clara County communities for the annual PPI evaluation in February 2019.
All City Departments
SC-6—Integrate the Hazard Mitigation Plan into other plans, programs, or resources that dictate land use or redevelopment, such as the General Plan, Climate Action Plan (CAP), Zoning Ordinance, Building Code, etc.
Status: Ongoing. The City of Santa Clara has incorporated the HMP into the City’s General Plan through its Safety Goals and Policies. In addition, the CAP Update will incorporate adaptation and resilience measures from the HMP into the CAP’s Community Resilience and Well-being strategy. At the end of 2021, the City Council adopted updated Reach Codes and it cleared the regulatory review in June 2022; it is currently undergoing public comments as it continues through the formal approval process.
OES
SC-7—Ensure that mandated training is provided to all EOC employees to achieve Level III Credentialing as defined by the California Governor’s Office of Emergency Services and ensure that employee training records are securely maintained.
Status: Ongoing. The objective is reworded for clarity. EOC staff have the goal of completing training to achieve Level III credentialing defined by the California Specialized Training Institute (CSTI), the training branch of the California Governor’s Office of Emergency Services (Cal OES).
As a short-term objective to this goal, the City Manager formally appointed City staff to work in the EOC as part of a formal training program that was launched in September 2019. City staff assigned to the EOC during the pandemic response gained extensive experience that will assist with City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
credentialing.
SC-8—This objective was deleted and integrated into SC-7 and SC-9.
OES/Fire/Police
SC-9—Based on EOC staffing capabilities assessment, ensure that all Fire and Police Department staff who may be assigned the role of Incident Commander at an emergency/disaster scene have received Incident Commander training, and ensure that employee training records are securely maintained.
Status: Ongoing. The Fire Department is training Captains and above to the Incident Command System (ICS)-300 level and Battalion Chiefs and above to the ICS-400 level. The Police Department is training Lieutenants and above to the ICS-300 level and Captains and above to the ICS-400 level.
All City Departments
SC-10—Monitor local availability of upcoming training opportunities for City staff regarding incident staffing, disaster response, and recovery.
Status: Ongoing. OES monitors local availability of training opportunities and notifies applicable EOC staff.
OES
SC-11—Continue to conduct EOC tabletop exercise(s) to evaluate capabilities and train employees in their assigned EOC role(s).
EOC staff gained practical experience responding to the COVID-19 pandemic. EOC staff facilitated the regional simulation cell in the City EOC for the 2022 Golden Eagle Exercise. Tabletop exercises will continue when COVID response activities are expected to further decrease beginning in the late fall of 2022.
CMO/OES/Public Works/SVP
SC-12—Develop and exercise a Disaster Debris Management Plan.
Status: Not yet started. However, the City is further in development of a disaster debris management plan based upon the disaster recovery and reimbursement process for the 2017 Winter Storms that concluded in late 2018. The formal plan is a long-term goal.
The County of Santa Clara does not currently have a formal Debris Management Plan. Once the County drafts a debris management plan with an included template for use by local jurisdictions in developing plans for debris management, the City of Santa Clara will utilize these resources to develop a localized plan.
City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
All City Departments
SC-13—Enhance public education and awareness of natural and manmade hazards in the community and public understanding of disaster preparedness, including foreign language translations.
Status: Ongoing. In partnership with the Santa Clara County Office of Emergency Management, the City has distributed disaster preparedness materials in English, Spanish, Mandarin, and Vietnamese. City departments distribute these materials throughout City Hall and to the community, including at fire stations, the Community Recreation Center, Teen Center, Youth Activity Center, Senior Center, the Mission Branch, Central, and Northside Libraries. The Fire and Police Departments and City Manager’s Office also distribute the materials at trainings and special events.
Even during the unprecedent challenges posed in 2020 and 2021, the Police Department continued to be an answering point for public concerns ranging from pandemic/shelter in place questions to police policies and practices. In addition, the Fall/Winter Edition of Inside Santa Clara provides winter preparedness tips. The Summer 2022 Edition of Inside Santa Clara was distributed and included a section dedicated to fire and safety tips. Other editions of the magazine and the City’s website and other communication channels provide pandemic outreach materials. Outreach is also conducted in other languages, including Spanish, to promote emergency preparedness. The City is also collaborating with the local VOAD (Voluntary Organizations Active in Disasters) to provide MyShake earthquake preparedness outreach in our community in multiple languages.
OES
SC-14—Develop improved capabilities to incorporate Geographic Information System (GIS) technology by all departments into EOC operations.
Status: Ongoing. This objective is re-worded for clarity. The EOC has a GIS-based operating picture and will continue to add layers for increased situational awareness as funding and staff time become available.
Communications/OES
SC-15—Conduct a test of emergency communications and information systems interoperability, to establish baseline capabilities for employee call-back, communications between the EOC and incident command, and communications with the Operational Area and Mutual Aid resources.
Status: Ongoing. Baseline capability with the AlertSCC application for employee callback was established in August 2018. Key EOC leadership positions may also be notified through the low technology option of telephone. Confidential wallet cards with contact information are maintained and updated regularly for this option. Communications between the EOC and Incident Command are tested regularly during Levi’s Stadium events. Communications with the Operational Area and Mutual Aid resources are implemented day-to-day with the Police and Fire Departments. The Fire Department uses CrewSense staffing software for enhanced callback notification of personnel to their cell phone during large events that require a recall of personnel.
City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
The City’s Alert and Notification Workgroup convened in March 2020 and had been in recess due to the current COVID-19 pandemic response. However, during 2022 the workgroup reconvened with Communications and Police Departments participating to coordinate in advance and engage in practice drills.
OES
SC-16—Conduct a gap analysis of the Santa Clara City Emergency/Disaster preparedness and response program to include a comprehensive review of employee training requirements and needs, plans and procedures, EOC equipment and staffing capabilities, and related analyses.
Status: Ongoing. A review of plans and procedures identified the need for a Severe Weather/Flood Plan to formalize practices in this area, and a draft Incident Planning and Response Guide has been developed.
The Water/Sewer Department hired a consultant to complete a Risk and Resilience Assessment (RRA) by March 31, 2020, and an Emergency Response Plan (ERP) by September 30, 2020, to meet federal regulations under the America’s Water Infrastructure Act (AWIA). The consultant has completed both RRA and ERP and conducted a thorough review of all critical assets and risk assessment of the water system that involves all hazards that include natural hazards, dependency and proximity threats, offsite threats and malevolent threats that might impact water system operations and engineering systems.
The purpose of the RRA and ERP is to identify City response actions during an emergency that will maintain the expected quantity of water, maintain water treatment, protect employees, minimize disruption to the public, preserve property, and maintain community trust in the City. The recommendations by the consultant are getting incorporated into the department future Capital Improvements Program (CIPs) projects.
OES
SC-17—Acquire a mobile Emergency Operations Center.
Status: Acquisition is not yet started. This continues to be a low priority in consideration of other City priorities and available resources, including from neighboring jurisdictions.
OES/Fire/Police
SC-18—Develop unmanned aerial vehicle (UAV) capability for hazard mitigation surveys and post-disaster damage assessments; and develop policies, procedures, and staff training guidelines for UAV use.
Status: Ongoing. The Fire Department purchased a UAV and obtained FAA approvals to operate it within the City. It is recommended that a policy be developed regarding UAV capability and for the public to be made aware. The Police Department is developing applicable UAV policies for both the City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
Police and Fire Departments.
As of October 2019, both Fire and Police Departments have obtained Council approvals to purchase UAV capabilities. After a significant delay due to position freezes, the Police Department recently began the process to standup their UAV program. Currently, the program is being managed as a collateral assignment. The Fire Department completed the purchasing process for a drone and took possession in May 2021. The Certificate of Authorization (COA) process is completed and the Department has full FAA authorization. Six personnel have completed a drone pilot process and are authorized to fly under those regulations. Future growth of the Fire Department’s Drone Program includes training more pilots, developing more internal operational procedures for use outside of emergency incidents and outreach to community members who are certified drone pilots that might be interested in joining the Santa Clara Fire Department Volunteer Reserve Firefighter Program.
Fire
SC-19—Enhance Fire Department field inspection system using portable computers for engine company inspections and Fire Prevention inspections, to integrate inspections, re-inspections, invoicing, permits, Certified Unified Program Agency (CUPA) and business license data.
Status: Ongoing. The Fire Department coordinated a purchase with the Community Development and Finance Departments of a common software platform (i.e. Accela) to accomplish this objective.
The platform is currently functioning and in use.
OES/Fire
SC-20—Conduct seismic and functional assessment of Emergency Operations Center.
Status: The assessment has not yet started. A seismic and functional assessment of the EOC was part of a facilities infrastructure assessment of Fire Department buildings expected to be initiated in 2020. Since the budget for this project was not approved, other avenues will continue to be explored.
Public Works
SC-21—Replace emergency generators for the City’s critical facilities.
Status: Ongoing. This objective was reworded for clarity. Phase I of the generator replacement project is nearing completion and new generators have been installed at several fire stations, the Emergency Operations Center, and some water department sites. Phase II of the project, which includes two storm pump stations and two water well sites, is currently in design phase.
Water and Sewer
SC-22—Maintain and improve Water and Sewer Utilities as necessary to ensure systems can maintain their functionality in response to potential hazards such as drought, flood, or earthquakes.
City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
Status: Ongoing. The Water and Sewer Utilities Department is looking at a number of improvements that will assist with hazard mitigation. Currently, Water and Sewer Utilities is conducting an assessment and rehabilitation of the City’s Serra tanks (three total) that store over 13 million gallons of water. The rehabilitation includes requiring a seismic, Occupational Safety and Health Administration (OSHA) and interior/exterior coating upgrade to the tanks.
The City spent approximately $10 million on the seismic and rehabilitation upgrades of the Serra Tanks. In 2017, the City commissioned a new 2-million-gallon corporation yard tank eliminating an elevated tank built in 1965 located at 1651 Martin Avenue, thus upgrading seismic standards for this facility. All new water pipelines over the last 10 years have been fully restrained with thrust blocks for dual protection. Water and Sewer Utilities has budgeted $22.5 million over the next five (5) years for water main replacement and new and replacement wells to assist with mitigating hazards.
Public Works and Water and Sewer Utilities Departments are collaborating to improve capacity and conduct a major condition assessment of the sanitary sewer pipes and appurtenances using closed-circuit-television (CCTV) technology. The Water and Sewer Utilities has approximately $16 million budgeted for system improvements to repair defects identified by condition assessments, repair, and capacity projects that will continue to assist with mitigating hazards.
The City of Santa Clara Water & Sewer Utilities Department owns and operates three (3) welded steel potable water tanks located at 200 Lawrence Expressway, adjacent to the Agilent Technologies site, and provides water storage to customers for daily operations and emergency supply needs. Serra Tank 1 was built in 1964 and has a capacity of 4.6 million gallons (MG). Serra Tank 2 was built in 1967 with a capacity of 4.4 MG. Serra Tank 3 was built in 1981 with a capacity of 4.2 MG.
The proposed scope consists of rehabilitating three welded steel potable water storage tanks to comply with OSHA, American Water Works Association (AWWA), and the California Building Code seismic regulations. Work specific to each tank includes, but is not limited to, the removal and replacement of the existing interior and exterior coating, a new cathodic protection system, replacement of existing structural rafters and supports, steel banding around the tank circumference, safety anchorage points, ventilation systems, and modified overflow drainage systems. The site improvement scope consists of new piping, site grading, drainage, and access around the tank perimeter. Enhancements to the instrumentation, electrical and control systems are also proposed to replace outdated infrastructure. Finally, a new tank mixing system is proposed to enhance the water quality inside the tanks.
The Contractor has completed Tank # 3 which is the final tank and this tank was returned to service. The majority of tank work was completed in calendar year 2021 and with final work and punch list items completed in calendar year 2022.
The Water and Sewer Utilities Department continues to replace aging water distribution system infrastructures and maintains a goal of replacing 10,000 linear feet (LF) annually. The water main replacement projects planned for 2022-23 are located on Blackfield Drive, Madera Drive, Las Palmas Drive, White Drive, and Benton Street, between White Drive and Blackfield Drive, totaling approximately 8,000 LF. The construction of water main replacement of approximately 6,900 LF of City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
water mains on Las Palmas Drive, White Drive, Hayward Drive, Patricia Drive, Dixon Drive, Rose Way, and Rose Court and the area bounded by Homestead Road and Hayward Drive and 2,700 LF of water main on Martin Avenue, between Scott Boulevard and Lafayette Street, is completed.
The department is in the process of moving forward with seeking proposals to develop an Asset Management Plan and a Sustainable Water Supply Master Plan. The Asset Management Plan will inform a Capital Improvement Plan. The City will enhance its business efficiency to minimize asset failures through optimized designs and management practices. The Department wants to ensure existing water infrastructure replacement continues to provide the highest service levels to the community.
Water Shortage Emergency Condition: California is currently experiencing a drought with its second consecutive dry year. Due to extreme drought conditions throughout the Bay Area region and Santa Clara, the City Manager, as the Director of Emergency Services, proclaimed a local drought emergency for the City of Santa Clara in July 2021. The Santa Clara City Council ratified the emergency proclamation at the City Council meeting on July 13, 2021.
On June 9, 2021, the Santa Clara Valley Water District (Valley Water) Board of Directors declared a water shortage emergency condition in Santa Clara County and called for a mandatory 15% reduction in water usage countywide. On June 22, 2021, the Santa Clara County Board of Supervisors adopted a resolution ratifying a June 15, 2021 proclamation by the County Director of Emergency Services for a local emergency related to extreme drought conditions. In addition, on July 8, 2021, California Governor Gavin Newsom extended his previous drought proclamation to include Santa Clara County. Additionally, the San Francisco Public Utilities Commission (SFPUC) did declare a Water Shortage Emergency and 10% voluntary use reduction goal at their November 23, 2021 Commission Meeting which resulted in a 32% use reduction goal for Santa Clara in early 2022. On May 24, 2022, the SFPUC adopted a Stage 2 Water Shortage Contingency Plan requiring a voluntary system wide reduction in water use by 11% compared with Fiscal Year (FY) 2019-20. This will increase Santa Clara’s water use reduction goal.
The emergency proclamation in Santa Clara requires the implementation of the City of Santa Clara Water Shortage Contingency Plan (Stage 2), with modifications. One of the major modifications taken by City Council on April 19, 2022, was to reduce outdoor watering to two (2) days per week.
The City of Santa Clara is implementing water use prohibitions and continues to encourage the public to conserve water.
Water and Sewer Utilities staff has met with departments and implemented water use reduction strategies. Up-to-date information regarding the Drought and Water Conservation Tips can be found at: City of Santa Clara Drought Update.
City staff is working closely with Valley Water, Bay Area Water Supply and Conservation Agency, SFPUC staff to provide a coordinated message to customers and develop conservation strategies, outreach materials and a communication plan.
Community Development
SC-23—Integrate climate change and natural hazards planning into current city plan revisions City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
and future planning initiatives.
Status: Ongoing. Climate Change is addressed both in the sustainability section of the City’s General Plan and in the Climate Action Plan (CAP). The CAP, which was adopted by the City Council on June 7, 2022, includes more stringent 2030 reduction targets, along with adaptation and resiliency measures as a part of the Community Resilience and Well-being strategy.
Community Development
SC-24—Develop and maintain a landscape design manual to provide general guidance and education to the public on water efficiency in landscaping and to serve as a resource for water efficient landscape design and installation in compliance with the State Water Efficiency Landscape Ordinance (as amended), including lists of recommended site-appropriate native and drought-tolerant plant species.
Status: Ongoing. The City offers a number of design and conservation resources on its website, including How to Conserve Water in the Garden, and Valley Water’s Rules of Thumb for WaterWise Gardening and Garden Planner (California Native Plant Society).
Community Development/Public Works
SC-25—Continue to improve the City’s bike network in coordination with partner agencies, such as the Valley Transportation Authority (VTA).
Status: Ongoing. Significant progress has occurred in this area as described below. • The City of Santa Clara adopted a Bicycle Master Plan Update (2018) in September 2019. The Bicycle Master Plan contains a set of project recommendations along corridors and intersections to build out our bicycle network throughout the city. These projects are ranked in order of priority for our top 40 projects and cost estimates are included for all projects within the plan. The city has 58.8 miles of existing bikeways, and at complete build-out there would be 130 miles of bikeways. • Creek Trail Master Plan. Creek trails are for both pedestrians and bicyclists. The Creek Trail Master Plan encompasses new trails of approximately 9+ combined miles along Calabazas Creek, a major portion of Saratoga Creek, and the Hetch Hetchy corridor (which is under the jurisdiction of the San Francisco Public Utilities Commission). Coordination with numerous stakeholders (Valley Water, Santa Clara County, City of Sunnyvale, Union Pacific Railroad, etc.) for this project has been a challenge, but progress is being made as we are targeting to complete the Master Plan with 30% design plans in the fall of 2023. • Completed bike projects in the last two years:
1. Scott Boulevard (Central Expressway – Monroe Street): 1 mile
2. Tasman Drive (Sunnyvale – San Jose): 1.5 miles
City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
3. Benton Street (El Camino Real – Monroe Street): 0.5 miles
4. Mission College Boulevard (Sunnyvale – Great America Parkway): 1 mile
5. Homestead Road (Kiely Boulevard – Winchester Boulevard): 1.5 miles
6. Agnew Road (San Tomas Aquino Creek – Lafayette Street): 0.6 miles (buffer)
7. Monroe Street (Cabrillo Avenue – Homestead Road): 0.9 miles (parking stripe) • Planned bike projects in the next year:
1. Monroe Street (Chromite Drive – San Tomas Expressway): 0.9 miles
2. Walsh Avenue (Bowers Avenue – San Tomas Expressway): 0.8 miles City Manager’s Office
SC-26—Hire or assign a management-level staff member as the Sustainability Manager to coordinate sustainability efforts among different departments and outside agencies.
Status: Finished. A Sustainability Manager was hired in January 2021.
Community Development/Public Works
SC-27—Continue to implement and monitor the current 2014 Climate Action Plan (CAP) and prepare a comprehensive update to the CAP to comply with state greenhouse gas reduction targets. Include adaptation strategies within the updated CAP.
Status: Ongoing. The City is implementing its adopted CAP, including divesting itself from ownership of a coal-fired power plant at the end of 2017. The City has prepared two annual reports (2016 and 2018) that monitor progress towards climate goals under the 2014 CAP. In addition, as a part of the 2018 CAP annual report, the City performed both citywide and municipal inventories, which give the City a baseline for future climate planning efforts. The City is in the process of updating the CAP to include more stringent 2030 reduction targets, along with adaptation and resiliency measures as a part of the Community Resilience and Well-being strategy.
OES/Police
SC-28—Increase situational awareness capacity in the EOC by expanding GIS resources and providing air-to-ground communications.
Status: Ongoing. Levi’s Stadium has air-to-ground communications, and the EOC has established communications with Levi’s Stadium. The Police Department has audio communications with both the Sheriff’s Office and the San Jose Police Department. The County Sheriff is in the process of developing air-to-ground communications that may benefit the City in the future.
OES/Police
SC-29—Secure all critical infrastructure in the EOC, the EOC perimeter, and immediate vicinity.
City of Santa Clara Evaluation Report on Implementation of the Hazard Mitigation Plan, August 16, 2022
Status: Not yet started. However, security in the EOC has increased with the addition of security badges. Grant opportunities to establish an EOC secure perimeter will continue to be assessed as staff resources allow.
Public Works
SC-30—Restore the original storage capacity of the Westside Retention Basin to hold additional storm water and reduce flooding risk by desilting the basin.
Status: Finished. The Westside Retention Basin desilting project is completed.
Public Works
SC-31—NEW. Restore the original storage capacity of the Eastside Retention Basin to hold additional storm water and reduce flooding risk by desilting the basin. Funding for the design of the project was transferred to another storm drain project, Laurelwood Storm drain pump station rehabilitation project (higher priority). The additional funding request for the desilting project was not approved as part of CIP Budget FY20-21 & FY21-22 approval process.
Status: Not yet started
Public Works
SC-32—NEW. Laurelwood Storm Pump Station Rehabilitation: The pump station was constructed in 1986 and there have been no major improvements to the station since its construction. The Project will modify existing headworks of the wet well, replace existing pumps with new, replace pump controls, improve station configuration, and rehabilitate existing building structure to meet current building codes. The proposed improvements will help the station to meet or exceed the station capacity and improve efficiency.
Status: Ongoing. The project construction has started, and the tentative construction completion date is Fall 2022.
Public Works
SC-33—NEW. Replace the Westside Storm Pumps: The Westside Retention Basin Pump Replacement Project is to replace all five pumps (three large pumps and two dry weather flow pumps), associated motors, appurtenances, and structural components. The project has been completed.
Status: Finished
City of Santa Clara
Emergency Operations
Plan
Annex L
Hazard Mitigation Plan
Volume 2
City of
Santa Clara
The Center of What's Possible
Table of Contents
14. City of Santa Clara ...................................................................................... 14-1
14.1 Hazard Mitigation Plan Point of Contact ..................................................................... 14-1
14.2 Jurisdiction Profile ...................................................................................................... 14-1
14.3 Development Trends ................................................................................................. 14-2
14.4 Capability Assessment .............................................................................................. 14-2
14.5 Integration with Other Planning Initiatives ............................................................... 14-9
14.6 Jurisdiction-Specific Natural Hazard Event History .................................................. 14-9
14.7 Jurisdiction-Specific Vulnerabilities ........................................................................ 14-10
14.8 Hazard Risk Ranking ................................................................................................ 14-10
14.9 Status of Previous Plan Actions ............................................................................... 14-10
14.10 Hazard Mitigation Action Plan and Evaluation of Recommended Actions .......... 14-10
14.11 Additional Resources ............................................................................................... 14-15 14-1
14. CITY OF SANTA CLARA
14.1 HAZARD MITIGATION PLAN POINT OF CONTACT
Primary Point of Contact
Lisa Schoenthal, Chief Emergency Services Officer
Santa Clara Fire Department
777 Benton Street
Santa Clara, CA 95050
(408) 615-4990
[email protected]
Alternate Point of Contact
Ruben Torres, Fire Chief
Santa Clara Fire Department
777 Benton Street
Santa Clara, CA 95050
(408) 615-4900
[email protected]
14.2 JURISDICTION PROFILE
The following is a summary of key information about the jurisdiction and its history:
Date of IncorporationJuly 5, 1852
Current Population123,752 as of January 1, 2016
Population GrowthBased on the data tracked by the state Department of Finance, the City of Santa Clara has experienced a gradual rate of growth since the year 2000. The overall population has increased by 4.14 percent since 2010 and growth averaged 1.23 percent per year from 2000 to 2014. The City is an important employment center and houses approximately 122,000 jobs. The City is projected by the Association of Bay Area Governments (ABAG) in 2030 to have a resident population of 141,700 and to support 137,480 jobs.
Location and DescriptionThe City of Santa Clara encompasses 18.41 square miles, and is located 45 miles south of San Francisco and 382 miles north of Los Angeles. The City of Santa Clara is situated near to the south end of San Francisco Bay in Santa Clara County, also known as Silicon Valley in recognition of the region’s leadership in worldwide technology innovations. The City boundaries are completely urbanized, and the City is bordered by other urbanized areas, including San Jose, Cupertino and Sunnyvale. The City is developed on relatively flat terrain and drained by three seasonal creeks, San Tomas Aquino, Saratoga and Calabazas creeks, all of which empty into the southern portion of San Francisco Bay. The Guadalupe River, which also drains into the Bay, defines part of the city’s eastern boundary.
Brief HistoryBy 1850, when California became a state, Santa Clara was an established frontier settlement. In 1851, Santa Clara College, now Santa Clara University, was founded on the Mission site.
The incorporation of Santa Clara as a City followed in 1852. In 1866, the City officially established a grid street system to accommodate anticipated growth. The City of Santa Clara, “The Mission City,” has been transformed over the past century, from a small agricultural town to a major employment and community center in Silicon Valley. It is called the “Mission City” in reference to the Mission Santa Clara de Asis, which opened in 1777 as one of 21 Spanish missions established by Franciscan padres along El Camino Real in California. The central core of the City grew outward from the original downtown and the Old •
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Quad residential area around the University and Agnew Village - a satellite area that established a base for residential neighborhoods in north Santa Clara. Primarily an agricultural community through the mid1900s, the City of Santa Clara evolved to become a family-oriented, suburban community of comfortable neighborhoods in the post-World War II era, and as the heart of Silicon Valley in the electronics industry boom of the 1970s. In 2014, Levi’s Stadium opened in Santa Clara as the home of the San Francisco 49ers football team and a premier sports and entertainment venue that hosted Super Bowl 50.
ClimateThe City of Santa Clara’s climate is Mediterranean in nature, with mild temperatures yearround. January is on average the coolest month with an average low temperature of 42°F and an average high temperature of 58°F. July is on average the warmest month with an average low temperature of 58°F and an average high temperature of 82°F. Average annual rainfall is 14 inches, with rain concentrated in the winter months (November through March).
Governing Body FormatSanta Clara is a Charter City with a City Council - City Manager form of government, with the City Manager and City Attorney appointed by City Council. The City of Santa Clara is governed by a seven-member city council. The Police Chief and City Clerk are elected positions.
The City Manager is responsible for hiring all other City staff, preparing an annual budget, and general oversight of City operations, including the City’s utilities. The City consists of fourteen departments:
Community Development, Electric Utilities (Silicon Valley Power), Finance, Fire, Human Resources, Information Technology, Library, Parks and Recreation, Public Works, Police, Water and Sewer Utilities, City Attorney’s Office, City Clerk’s Office and the City Manager’s Office. The City also has a separate Stadium Authority and Housing Authority which are overseen by the City Council. The City has nine commissions which report to the City Council. The City Council assumes responsibility for the adoption of this plan; the City Manager will oversee its implementation.
14.3 DEVELOPMENT TRENDS
The City of Santa Clara has seen remarkable interest and activity in both commercial and residential development during 2015 and 2016, and economic forecasts anticipate this to continue at a steady level in the next few years.
Building permit valuations projected for permit activities in 2015-16 show $1.4 billion in valuation attributed to 8,000 building permits, versus $890 million in valuation attributed to 7,180 building permits in the previous fiscal year. The strength of the economy has spurred a number of new developments, in addition to advancing a number of significant private development projects that were previously approved by the City prior to the last recession.
These projects are providing construction jobs and tenant employment, leading to secondary jobs, new rental housing and home sales, and consumer and business spending. Table 14-1 summarizes development trends in the performance period since development of the previous hazard mitigation plan and expected future development trends.
14.4 CAPABILITY ASSESSMENT
14.4.1 Resources for the 2017 Planning Initiative
This sections lists the technical reports, plans, and regulatory mechanisms reviewed to provide information for inclusion in the 2017 Multi-Jurisdiction Hazard Mitigation Plan for both Volume 1 and Volume 2 (Santa Clara Annex).
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Table 14-1. Recent and Expected Future Development Trends Criterion Response
Has your jurisdiction annexed any land since
the development of the previous hazard
mitigation plan?
No
If yes, give the estimated area annexed and
estimated number of parcels or structures.
N/A
Is your jurisdiction expected to annex any
areas during the performance period of this
plan?
Yes
If yes, please describe land areas and
dominant uses.
Small leftover areas, generally vacant and adjacent to creeks. All are infill parcels.
If yes, who currently has permitting
authority over these areas?
County of Santa Clara.
Are any areas targeted for development or
major redevelopment in the next five years?
Yes
If yes, please briefly describe, including
whether any of the areas are in known
hazard risk areas
General Plan contains nine focus areas where significant development is anticipated, plus substantial redevelopment is expected in various employment areas, particularly in many areas north of the Caltrain tracks.
The entire City is in an area of earthquake risk, and many of the areas expected to redevelop may be subject to flooding hazards, especially in North Santa Clara.
How many building permits were issued in
your jurisdiction since the development of the
previous hazard mitigation plan?
2011 2012 2013 2014 2015
Single Family 35 49 74 42 58
Multi-Family 15 7 2 23 11
Other (commercial, mixed use, etc.) 1704 1775 1895 1965 2388 Please provide the number of permits for each
hazard area or provide a qualitative description
of where development has occurred.
Special Flood Hazard Areas: Yes, average 3-4 per year
Landslide: N/A
High Liquefaction Areas: No. According to the USGS map, the high liquefaction area is approximately 3 miles west of Guadalupe River along Northeast of City of Santa Clara boundary. The land uses are mostly open land with a small area of low and medium densities of residential, mixed use, and industrial.
Tsunami Inundation Area: N/A
Wildfire Risk Areas: N/A
Please describe the level of buildout in the
jurisdiction, based on your jurisdiction’s
buildable lands inventory. If no such inventory
exists, provide a qualitative description.
Appendix 8.12-B of the Housing Element has an inventory of underutilized sites.
Santa Clara is mostly built-out, and most development opportunity sites involve redevelopment and intensification of parcels that are currently developed.
All of the below items were additionally reviewed as part of the full capability assessment for Santa Clara.
City of Santa Clara 2010-2035 General PlanThe General Plan, including the Land Use and Safety Elements, were reviewed for information regarding goals and policies consistent with hazard mitigation for carry over as goals and objectives. The General Plan provides a comprehensive set of goals and policies for the delivery of City services as well as a long term plan for land use (Land Use Element). The Land Use Element takes into consideration hazard avoidance, such as floodplains, when establishing allowed land uses. The Land Use Element is supported by policies which require avoidance of hazardous conditions for new land development. The General Plan includes policies which address safety within other topic areas (e.g., rail safety, bicycle and pedestrian safety, etc.), policies related to public safety through the delivery of Police and Fire services, and specific safety goals and policies related to environmental issues such as avoidance of safety impacts due to flooding, hazardous materials, airport operations, seismic, geologic and soil hazards and noise. The City’s Climate Action Plan is one of the •
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Santa Clara Operational Area Hazard Mitigation Plan; Volume 2—Planning Partner Annexes 14-4
General Plan Appendices. The Climate Action Plan identifies steps to reduce Citywide greenhouse gas emissions, which relate to avoidance of drought and severe weather events.
City of Santa Clara Municipal CodeThe Municipal Code was reviewed for the full capability assessment and for identifying opportunities for action plan integration.
Flood Damage Prevention OrdinanceThe Flood Damage Prevention Ordinance was reviewed for compliance with the National Flood Insurance Program.
Capital Improvements PlanThe Capital Improvements Plan was reviewed to identify cross-planning initiatives for inclusion as mitigation projects.
The City of Santa Clara Emergency Operations Plan (EOP)This plan was reviewed to complete the Planning Documents portion of this Annex.
Technical Reports and Information Outside resources and references used to complete the City of Santa Clara Annex are identified in Section 1.10 of this Annex.
14.4.2 Full Capability Assessment
An assessment of legal and regulatory capabilities is presented in Table 14-2. An assessment of fiscal capabilities is presented in Table 14-3. An assessment of administrative and technical capabilities is presented in Table 14-4.
Information on National Flood Insurance Program (NFIP) compliance is presented in Table 14-5. An assessment of education and outreach capabilities is presented in Table 14-6. Classifications under various community mitigation programs are presented in Table 14-7. Development and permitting capabilities are presented in Table 14-8, and the community’s adaptive capacity for the impacts of climate change is presented in Table 14-9.
Table 14-2. Legal and Regulatory Capability
Local Authority
Other Jurisdiction
Authority State Mandated
Integration
Opportunity?
Codes, Ordinances, & Requirements
Building Code Yes No Yes Yes
Comment: 2016 Building Code Adopted; Santa Clara Muni Code Title 15: Buildings and Construction Zoning Code Yes No Yes Yes
Comment: Update underway; Santa Clara Muni Code Title 18: Zoning Subdivisions Yes Yes Yes No
Comment: Updated in 2003; Santa Clara Muni Code Chapter 17.05 Subdivisions Stormwater Management Yes Yes Yes Yes
Comment: Santa Clara Muni Code 13.20 Original in 1994, Updated in May 20, 2014 by Ordinance 1925 City of Santa Clara protects stormwater quality via Municipal Regional NPDES Permit compliance activities which include: municipal operations, new and redevelopment controls, commercial/industrial facility inspections, illegal discharge/illicit connection enforcement, active construction site inspections, public education, trash load reduction, mercury and PCB reduction, and pesticide toxicity reduction programs. The City has a Long term Trash load Reduction Plan in place and is working to prepare a Green Infrastructure Plan.
Regionally, the Santa Clara Valley Urban Runoff Pollution Prevention Program is in progress of preparing a Basin Plan.
Post-Disaster Recovery No No No No
Comment: None Located
Real Estate Disclosure No No Yes No
Comment: Cal. Civ. Code §1102 et seq.
Growth Management Yes No Yes Yes
Comment: General Plan policies; no separate ordinance; Cal. Gov. Code §65300 et seq.
Site Plan Review Yes Yes Yes Yes
Comment: Conducted pursuant to the City’s Zoning Code
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Local Authority
Other Jurisdiction
Authority State Mandated
Integration
Opportunity?
Environmental Protection Yes Yes Yes Yes
Comment: Pursuant to General Plan, Zoning, and Building Code requirements; California Environmental Quality Act (Guideline: California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000–15387) Flood Damage Prevention Yes Yes Yes Yes
Comment: Pursuant to Floodplain Ordinance; Santa Clara Muni Code Chapter 15.45: Prevention of Flood Damage Code Emergency Management Yes No Yes Yes
Comment: Pursuant to City Charter Chapter 2.140
Climate Change Yes Yes Yes Yes
Comment: Climate Action Plan adopted; California SB-379 Other: No No No No
Comment: None Located
Planning Documents
General Plan Yes Yes Yes Yes
Is the plan compliant with Assembly Bill 2140? Yes
City of Santa Clara General Plan, adopted in 2010 and updated regularly (most recently in November 2016) is compliant with AB 2140.
Capital Improvement Plan Yes No Yes Yes
How often is the plan updated? Annually
Comment: State mandated: City Charter Sec 1312 Capital project funds, Charter Chapter 11 of State Statutes of 2000 Floodplain or Watershed Plan Yes Yes Yes Yes
Comment: City adopted the FEMA flood damage prevention code in 1987. General Plan Safety Goals in Section 5.10.5 address floodplain and watershed protections.
Stormwater Plan Yes Yes (SCVWD) Yes Yes
Comment: Storm Drain Maser Plan prepared in Dec. 2015
Urban Water Management Plan Yes No Yes Yes
Comment: Adopted November 22, 2016
Habitat Conservation Plan No Yes No No
Comment: Santa Clara Valley Habitat Plan
Economic Development Plan Yes No No Yes
Comment: Pursuant to General Plan
Shoreline Management Plan No Yes No No
Comment: Santa Clara does not have shoreline; however, the Bay Conservation and Development Commission has jurisdiction over San Francisco Bay shoreline modifications.
Community Wildfire Protection Plan No No No No
Comment: N/A
Forest Management Plan No No No No
Comment: N/A
Climate Action Plan Yes Yes Yes Yes
Comment: Climate Action Plan was adopted in December 2013.
Comprehensive Emergency Management Plan Yes Yes Yes Yes Comment: Santa Clara County Emergency Operations Plan, City Emergency Operations Plan (EOP) Threat & Hazard Identification & Risk
Assessment (THIRA)
No Yes Yes No
Comment: UASI THIRA - 2016
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Santa Clara Operational Area Hazard Mitigation Plan; Volume 2—Planning Partner Annexes 14-6
Local Authority
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Authority State Mandated
Integration
Opportunity?
Post-Disaster Recovery Plan Yes Yes Yes Yes
Comment: part of EOP
Continuity of Operations Plan No No No No
Comment: N/A
Public Health Plan No Yes Yes No
Comment: County Public Health has authority
Other: No No No No
Comment: None Located
Table 14-3. Fiscal Capability
Financial Resources Accessible or Eligible to Use?
Community Development Block Grants Yes
Capital Improvements Project Funding Yes
Authority to Levy Taxes for Specific Purposes Yes, though voter approval required User Fees for Water, Sewer, Gas or Electric Service Yes Incur Debt through General Obligation Bonds No, voter approval required Incur Debt through Special Tax Bonds No, voter approval required Incur Debt through Private Activity Bonds Yes
Withhold Public Expenditures in Hazard-Prone Areas Yes
State-Sponsored Grant Programs Yes
Development Impact Fees for Homebuyers or Developers Yes, nexus study required Other working capital reserves Yes
Table 14-4. Administrative and Technical Capability
Staff/Personnel Resources Available? Department/Agency/Position Planners or engineers with knowledge of land development and land management practices Yes Com Dev/Director
Engineers or professionals trained in building or infrastructure construction practices Yes DPW, Utilities/Directors
Planners or engineers with an understanding of natural hazards No Com Dev, DPW, Utilities/Directors Staff with training in benefit/cost analysis Yes Finance/Director Surveyors Yes Land Surveyor, DPW
Personnel skilled or trained in GIS applications Yes DPW, IT, Com Dev, Utilities Scientist familiar with natural hazards in local area No NA Emergency manager Yes Fire, ESC
Grant writers f Yes f Fire, Police, DPW, IT, Parks and Rec
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Table 14-5. National Flood Insurance Program Compliance Criteria Response
What local department is responsible for floodplain management? Community Development Who is your floodplain administrator? (department/position) Director of Community Development Are any certified floodplain managers on staff in your jurisdiction? No What is the date of adoption of your flood damage prevention ordinance? 1987, revision in process Does your floodplain management program meet or exceed minimum requirements? May not currently meet minimum NFIP requirements
If exceeds, in what ways? N/A
When was the most recent Community Assistance Visit or Community Assistance Contact?
5-year Cycle Visit in 2012
Does your jurisdiction have any outstanding NFIP compliance violations that need to be addressed?
No
If so, please state what they are.
Do your flood hazard maps adequately address the flood risk within your jurisdiction? Yes If no, please state why.
Does your floodplain management staff need any assistance or training to support its floodplain management program?
Yes
If so, what type of assistance/training is needed? Training on the CRS Manual Does your jurisdiction participate in the Community Rating System (CRS)? Yes If yes, is your jurisdiction interested in improving CRS Classification? Yes (currently class 8) Is your jurisdiction interested in joining the CRS program? N/A How many flood insurance policies are in force in your jurisdiction? 955a What is the insurance in force? $279,319,600 a
What is the premium in force? $735,904 a
How many total loss claims have been filed in your jurisdiction? 29 a How many claims were closed without payment/are still open? CWOP = 15 Still open = 0 a What were the total payments for losses? $309,753.09 a
a. According to FEMA statistics as of October 31, 2016
Table 14-6. Education and Outreach
Criteria Response
Do you have a Public Information Officer or Communications Office? Yes Do you have personnel skilled or trained in website development? Yes Do you have hazard mitigation information available on your website? Yes If yes, please briefly describe. The Fire Department has an emergency preparedness webpage that includes links to various resources.
Do you utilize social media for hazard mitigation education and outreach? Yes
If yes, please briefly describe. Twitter, Facebook and NextDoor Do you have any citizen boards or commissions that address issues related to hazard mitigation? No
Do you have any other programs already in place that could be used to communicate hazard-related information? Yes
If yes, please briefly describe. Web-based notification such as Enotify and Nixle Do you have any established warning systems for hazard events? Yes If yes, please briefly describe. Countywide Alert SCC program •
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Santa Clara Operational Area Hazard Mitigation Plan; Volume 2—Planning Partner Annexes 14-8
Table 14-7. Community Classifications
Participating? Classification Date Classified
Community Rating System Yes 8 5/1/2002
Building Code Effectiveness Grading Schedule No 99 N/A
Public Protection Yes 2 2015
Storm Ready No N/A N/A
Firewise No N/A N/A
Table 14-8. Development and Permitting Capability
Criterion Response
Does your jurisdiction issue development permits? Yes
If no, who does? If yes, which department? Community Development Does your jurisdiction have the ability to track permits by hazard area? Yes Does your jurisdiction have a buildable lands inventory? Yes Table 14-9. Adaptive Capacity for Climate Change
Adaptive Capacity Assessment Question Jurisdiction Rating Technical Capacity
Jurisdiction-level understanding of potential climate change impacts Medium Comment: None provided
Jurisdiction-level monitoring of climate change impacts Medium Comment: Sea level rise is expected to have minimal impacts to Santa Clara properties Technical resources to assess proposed strategies for feasibility and externalities High Comment: None provided
Jurisdiction-level capacity for development of greenhouse gas emissions inventory Medium Comment: Climate Action Plan contains a comprehensive inventory, and the update of the Climate Action Plan in the next 1-3 years will include an inventory update
Capital planning and land use decisions informed by potential climate impacts High Comment: General Plan principles, including the Climate Action Plan criteria, consider climate implications Participation in regional groups addressing climate risks Medium Comment: Staff participates in regular regional climate change meetings as time permits Implementation Capacity
Clear authority/mandate to consider climate change impacts during public decision-making processes
High
Comment: Climate Action Plan is incorporated into the General Plan and is considered as part of the decision-making process Identified strategies for greenhouse gas mitigation efforts High Comment: The Climate Action Plan (CAP) addresses statewide GHG reduction goals through 2020, and the City expects to update the CAP in the next 1 – 3 years to address the new statewide GHG reduction goals for 2030 and 2050.
Identified strategies for adaptation to impacts Medium
Comment: None provided
Champions for climate action in local government departments Medium Comment: Hiring of new sustainability manager is expected in 1-2 months. Initial multi-departmental working group convening now.
Political support for implementing climate change adaptation strategies Medium Comment: Sustainability is continually gaining additional support in the community and with the Council. f
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Adaptive Capacity Assessment Question Jurisdiction Rating Financial resources devoted to climate change adaptation Medium Comment: None provided
Local authority over sectors likely to be negatively impacted Medium Comment: None provided
Public Capacity
Local residents knowledge of and understanding of climate risk Medium Comment: Some members are highly educated. More City outreach could contribute to overall knowledge base.
Local residents support of adaptation efforts Medium
Comment: None provided
Local residents’ capacity to adapt to climate impacts High Comment: None provided
Local economy current capacity to adapt to climate impacts High Comment: None provided
Local ecosystems capacity to adapt to climate impacts Medium Comment: None provided
14.5 INTEGRATION WITH OTHER PLANNING INITIATIVES
The following describe the jurisdiction’s process for integrating the hazard mitigation plan into local planning mechanisms.
14.5.1 Existing Integration
The following plans and programs currently integrate the goals, risk assessment and/or recommendations of the hazard mitigation plan:
General PlanConsiders land use integration, environmental impacts of development, and long-term sustainability for new development and city operations. At the time of the next update, information obtained in the update of the hazard mitigation plan will be integrated into the General Plan as appropriate.
Climate Action PlanIntegrated into the General Plan, the CAP identifies steps for the City to take in its own operations and in review/approval of new development to reduce greenhouse gas emissions. At the time of the next update, information obtained in the update of the hazard mitigation plan will be integrated into the Climate Action Plan as appropriate.
14.5.2 Opportunities for Future Integration
The following plans and programs do not currently integrate the goals, risk assessment and/or recommendations of the hazard mitigation plan, but provide an opportunity for future integration:
As the City continues to update its policies and ordinances, including but not limited to updates to the Building Code (next scheduled for adoption in 2019), the General Plan (anticipated in the next 3-8 years), Zoning Ordinance (expected in the next 1-2 years) and Climate Action Plan (expected in next 1-3 years), the City will evaluate consistency with the hazard mitigation plan and incorporate recommendations as needed.
14.6 JURISDICTION-SPECIFIC NATURAL HAZARD EVENT HISTORY Table 14-10 lists all past occurrences of natural hazards within the jurisdiction. •
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Table 14-10. Natural Hazard Events
Type of Event
FEMA Disaster #
(if applicable) Date Preliminary Damage Assessment
Severe Weather - 1-8-17 $65,000
Wildfire 2465 9-23-16 $34,199
Wildfire 2766 5-22-2008 $362,378
Hurricane Evacuation 3248 9-13-2005 $988,951
Severe Weather / High Wind 1203 6-21-2001 $80,757
Earthquake 845 10-17-1989 $100,000
14.7 JURISDICTION-SPECIFIC VULNERABILITIES
Repetitive loss records are as follows:
Number of FEMA-identified Repetitive-Loss Properties: 0 Number of FEMA-identified Severe-Repetitive-Loss Properties: 0 Number of Repetitive-Loss Properties or Severe-Repetitive-Loss Properties that have been mitigated: 0 Other noted vulnerabilities include:
There are a number of older structures built before modern building codes.
14.8 HAZARD RISK RANKING
Table 14-11 presents the ranking of the hazards of concern.
Table 14-11. Hazard Risk Ranking
Rank Hazard Type Risk Rating Score (Probability x Impact) Category 1 Earthquake 54 High
2 Severe Weather 33 Medium
3 Flood 18 Medium
3 Dam and Levee Failure 18 Medium
4 Drought 9 Low
5 Landslide 0 Low
6 Wildfire 0 Low
14.9 STATUS OF PREVIOUS PLAN ACTIONS
The status of previous actions from the 2011 ABAG LHMP for the City of Santa Clara can be found in Appendix D of this volume.
14.10 HAZARD MITIGATION ACTION PLAN AND EVALUATION OF
RECOMMENDED ACTIONS
Table 14-12 lists the actions that make up the City of Santa Clara hazard mitigation action plan. Table 14-13 identifies the priority for each action. Table 14-14 summarizes the mitigation actions by hazard of concern and the six mitigation types.
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Table 14-12. Hazard Mitigation Action Plan Matrix
Applies to new or
existing assets
Hazards
Mitigated
Objectives
Met Lead Agency
Estimated
Cost Sources of Funding Timeline
SC-1—Where appropriate, support retrofitting, purchase, or relocation of structures in hazard-prone areas to prevent future structure damage. Give priority to properties with exposure to repetitive losses New and existing All hazards 1-9 OES/Fire and
Community
Development
High PDM, HMGP, Local
Budget (local match)
Dependent on
Funding (Shortterm)
SC-2—Continue to support the Planning Area-wide actions identified in this plan.
New and Existing All hazards 1-9 OES/Fire Low Local Budget Ongoing SC-3—Actively participate in the plan maintenance strategy identified in this plan.
New and Existing All hazards 1-9 OES/Fire Low Local Budget Ongoing SC-4—Consider participation in incentive-base programs such as Tree City and Storm ready.
New and Existing All hazards 1-9 Community
Development and
Public Works
Low Local Budget Ongoing
SC-5—Maintain good standing under the National Flood Insurance Program by implementing programs that meet or exceed the minimum NFIP requirements. Such programs include enforcing an updated, adopted flood damage prevention ordinance, participating in floodplain mapping updates, and providing public assistance and information on floodplain requirements and impacts. Continue participating in the Santa Clara County Multi-jurisdictional Program for Public Information.
New and Existing Flood 1-9 Community
Development and
Public Works
Low Local Budget Ongoing
SC-6—Integrate the Hazard Mitigation Plan into other plans, programs, or resources that dictate land use or redevelopment, such as the General Plan, Climate Action Plan, Zoning Ordinance, Building Code, etc..
New and Existing All hazards 1-9 All City Departments Low Local Budget Ongoing SC-7—Based on EOC staffing capabilities assessment, ensure that mandated training is provided to all employees in SEMS, FEMA ICS100, ICS-200, IS-700, and IS-800; and ensure that employee training records are securely maintained.
Existing All hazards 1,2,4,9 OES/Fire Low Local Budget Ongoing SC-8—Based on EOC staffing capabilities assessment, ensure that mandated training is provided to employees who require advanced knowledge and application of the ICS, such as primary and alternate EOC Section Chiefs and senior field personnel, to include at least ICS-300, ICS-400, and the FEMA Professional Development Series; and ensure that employee training records are securely maintained.
Existing All hazards 1,2,4,9 All City Departments Medium Local Budget Ongoing SC-9—Based on EOC staffing capabilities assessment, ensure that all Fire and Police Department staff who may be assigned the role of incident commander at an emergency/disaster scene have received Incident Commander training; and ensure that employee training records are securely maintained.
Existing All hazards 1,2,4,9 OES, Fire and Police Medium Local Budget Ongoing SC-10—Monitor local availability of upcoming training opportunities for city staff regarding incident staffing, disaster response, and recovery.
Existing All hazards 1,2,4,9 All City Departments Medium Local Budget Ongoing SC-11—Continue to conduct EOC tabletop exercise(s) to evaluate capabilities and train employees in their assigned EOC role(s).
N/A All hazards 1,2,4,9 OES/Fire Medium Local Budget, UASI, HSGP
Long-term
SC-12—Develop and exercise a Disaster Debris Management Plan.
New Dam failure,
Earthquake,
Flood, Severe
weather
1,2,3,4,5,6,7,8 Public Works
OES/Fire
Medium Local Budget, HSGP,
UASI
Long-term
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Applies to new or
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Hazards
Mitigated
Objectives
Met Lead Agency
Estimated
Cost Sources of Funding Timeline
SC-13—Enhance public education and awareness of natural and manmade hazards in the community and public understanding of disaster preparedness, including foreign language translations.
New All hazards 1,3,4,5,8,9 OES/Fire Medium Local Budget, UASI Long-term SC-14—Develop improved capabilities to incorporate GIS technology by all departments into services provided to the public and for use during emergency/disaster incidents.
Existing Dam Failure,
Earthquake,
Flood,
1,2,3,6,9 OES/Fire Medium Local Budget, PDM Long-term
SC-15—Conduct a test of emergency communications and information systems interoperability, to establish baseline capabilities for employee call-back, communications between the EOC and incident command, and communications with the Operational Area and Mutual Aid resources.
Existing All hazards 1,5,6,9 OES/Fire Medium Local Budget, UASI, HSGP
Long-term
SC-16—Conduct a gap analysis of the Santa Clara City Emergency/Disaster preparedness and response program, to include a comprehensive review of employee training requirements and needs, plans and procedures, EOC equipment and staffing capabilities, and related analyses.
New All hazards 1-9 OES/Fire Medium Local Budget, HSGP Long-term SC-17 - Acquire a mobile Emergency Operations Center.
New All hazards 1,4,8,9 OES/Fire High Local Budget, UASI, HSGP
Long-term
SC-18—Develop unmanned aerial vehicle (UAV) capability for hazard mitigation surveys and post-disaster damage assessments; and develop policies, procedures and staff training guidelines for UAV use.
New Dam Failure,
Flood,
Earthquake,
Severe
Weather
2,4,6,8,9 OES, Fire, Police High Local Budget, PDM,
HMGP
Long-term
SC-19—Enhance Fire Department field inspection system using portable computers for engine company inspections and Fire Prevention inspections, to integrate inspections, re-inspections, invoicing, permits, CUPA and business license data.
Existing All hazards 1,2,3,6,8 Fire Low Local Budget, UASI Ongoing SC-20—Conduct seismic and functional assessment of Emergency Operations Center.
Existing All hazards 1,2,4,8,9 OES/Fire Medium Local Budget, PDM, HMGP
Ongoing
SC-21—Acquire emergency generators for the City’s critical facilities, specifically Fire Stations 5, 7, 8 and 9.
Existing All hazards 6,8,9 Public Works Low Local Budget, PDM, HMGP
Short-term
SC-22—Maintain and improve Water and Sewer Utilities as necessary to ensure systems are able to maintain their functionality in response to potential hazards such as drought, flood or earthquakes.
Existing Drought,
Flood,
Earthquake
1,2,3,4,5,6,7,8 Water and Sewer High Local Budget, PDM, HMGP
Long-term
SC-23—Integrate climate change and natural hazards planning in to current city plan revisions and future planning initiatives.
New and Existing All hazards 1-9 Community
Development
Low Local Budget, Grants Ongoing
SC-24—Develop and maintain a landscape design manual to provide general guidance and education to the public on water efficiency in landscaping and to serve as a resource for water efficient landscape design and installation in compliance with the State Water Efficiency Landscape Ordinance (as amended), including lists of recommended site appropriate native and drought-tolerant plant species.
New and Existing Drought 1-9 Community
Development
Low Local Budget, Grants Ongoing
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Applies to new or
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Hazards
Mitigated
Objectives
Met Lead Agency
Estimated
Cost Sources of Funding Timeline
SC-25—Continue to improve the City’s bike network in coordination with partner agencies, such as the Valley Transportation Authority.
New and Existing All hazards 3, 5, 6 Public Works and
Community
Development
Medium Local Budget, Grants Ongoing
SC-26—Hire or assign a management-level staff member as the Sustainability Manager to coordinate sustainability efforts among different departments and outside agencies.
New and Existing All hazards 1-9 OES/Fire Low Local Budget, Grants Ongoing SC-27—Continue to implement and monitor the current 2014 Climate Action Plan (CAP) and prepare a comprehensive update to the CAP to comply with state greenhouse gas reduction targets. Include adaptation strategies within the updated CAP.
New and Existing All hazards 1-9 All City Departments Medium Local Budget, Grants Ongoing SC-28—Increase situational awareness capacity in the EOC by expanding GIS resources and providing air to ground communications.
New and Existing All hazards 1, 2, 5, 6, 7, 9 OES/Fire Medium Local Budget, PDM Ongoing SC-29—Secure all critical infrastructure in the EOC, the EOC perimeter, and immediate vicinity.
New and Existing All hazards 1, 2, 3, 6, 7, 8,
9 OES/Fire and Police Medium Local Budget, PDM Long-term SC-30— Restore the original storage capacity of the Westside Water Retention Basin to hold additional storm water and reduce flooding risk by desilting the basin.
Existing Flood 1, 2, 3, 6, 7, 8 Public Works High Local Budget Short-term j j j j j
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Table 14-13. Mitigation Strategy Priority Schedule
Action
#
# of
Objectives
Met Benefits Costs
Do Benefits
Equal or
Exceed
Costs?
Is Project
GrantEligible?
Can Project
Be Funded
Under Existing
Programs/
Budgets?
Implementation
Prioritya
Grant
Pursuit
Prioritya
SC-1 9 High High Yes Yes No Medium High
SC-2 9 Medium Low Yes No Yes High Low
SC-3 9 Medium Low Yes Yes Yes High Medium
SC-4 9 Medium Low Yes No Yes Medium Low
SC-5 4 Medium Low Yes No Yes High Low
SC-6 9 Medium Low Yes No Yes High Low
SC-7 4 Medium Low Yes No Yes Medium Low
SC-8 4 Medium Low Yes No Yes Medium Low
SC-9 4 Medium Low Yes No Yes Medium Low
SC-10 4 Low Low Yes No Yes Low Low
SC-11 4 High Medium Yes Yes Yes High High
SC-12 8 Medium Medium Yes Yes Yes Medium Medium
SC-13 6 Medium Medium Yes Yes Yes Medium Medium
SC-14 5 Medium Medium Yes Yes Yes Medium Medium
SC-15 4 High Medium Yes Yes Yes High High
SC-16 9 Medium Medium Yes Yes Yes Medium Medium
SC-17 4 High Medium Yes Yes No Medium Medium
SC-18 5 Medium Medium Yes Yes Yes Medium Medium
SC-19 5 High Low Yes Yes Yes High High
SC-20 5 High Medium Yes Yes Yes Medium High
SC-21 3 Medium Low Yes Yes Yes High High
SC-22 9 High High Yes No Yes High Low
SC-23 9 High Low Yes Possibly Yes High Medium
SC-24 1 Medium Low Yes Possibly Yes Medium Medium
SC-25 8 Low Medium No Possibly Yes Medium Medium
SC-26 9 High Low Yes Possibly Yes High Medium
SC-27 9 High Medium Yes Possibly No Medium High
SC-28 6 Medium Medium Yes Yes No Medium Medium
SC-29 7 High Medium Yes Yes No Medium High
SC-30 6 High High Yes Possibly Yes High Low
a. See the introduction to this volume for explanation of priorities.
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Table 14-14. Analysis of Mitigation Actions
Action Addressing Hazard, by Mitigation Typea
Hazard
Type
1. Prevention
2. Property
Protection
3. Public
Education and
Awareness
4. Natural
Resource
Protection
5. Emergency
Services
6. Structural
Projects
7. Climate
Resilient
Dam and
Levee
Failure
SC-2, SC-3,
SC-4, SC-5,
SC-6, SC-12,
SC-14, SC-19,
SC-23
SC-1, SC-5,
SC-19, SC-21,
SC-22, SC-29
SC-2, SC-3,
SC-4, SC-5,
SC-13, SC-19,
SC-25, SC-28
SC-2, SC-4, SC-7,
SC-8, SC-9, SC-10,
SC-11, SC-15, SC-16,
SC-17, SC-18, SC-28,
SC-29
SC-29 SC-2, SC-3,
SC-4, SC-5,
SC-6, SC-12,
SC-14, SC-19,
SC-23
Drought SC-2, SC-3,
SC-6, SC-14,
SC-23, SC-27
SC-1, SC-29 SC-2, SC-3,
SC-13, SC-26,
SC-27, SC-28
SC-24,
SC-26, SC-27
SC-2, SC-7, SC-8,
SC-9, SC-10, SC-11,
SC-15, SC-16, SC-17,
SC-28, SC-29
SC-29 SC-2, SC-3,
SC-6, SC-14,
SC-23, SC-27
Earthquake SC-2, SC-3,
SC-6, SC-12,
SC-14, SC-19,
SC-23
SC-1, SC-19,
SC-20, SC-21,
SC-22, SC-29
SC-2, SC-3,
SC-13, SC-19,
SC-25
SC-2, SC-7, SC-8,
SC-9, SC-10, SC-11,
SC-15, SC-16, SC-17,
SC-18, SC-28, SC-29
SC-29 SC-2, SC-3,
SC-6, SC-12,
SC-14, SC-23
Flood SC-2, SC-3,
SC-4, SC-5,
SC-6, SC-14,
SC-19, SC-23
SC-1, SC-4,
SC-5, SC-19,
SC-21, SC-22,
SC-29
SC-2, SC-3,
SC-4, SC-5,
SC-13, SC-19,
SC-25, SC-28
SC-4, SC-5 SC-2, SC-4, SC-5,
SC-7, SC-8, SC-9,
SC-10, SC-11, SC-5,
SC-16, SC-17, SC-18,
SC-28, 2 SC-9
SC-29 SC-2, SC-3,
SC-4, SC-5,
SC-6, SC-14,
SC-19, SC-23
Severe
Weather
SC-2, SC-3,
SC-4, SC-6,
SC-12, SC-14,
SC-19, SC-23,
SC-27
SC-1, SC-19,
SC-21, SC-22,
SC-27, SC-29
SC-2, SC-3,
SC-4, SC-13,
SC-19, SC-25,
SC-26, SC-27,
SC-28
SC-4, SC-26,
SC-27
SC-2, SC-4, SC-7,
SC-8, SC-9, SC-10,
SC-11, SC-15, SC-16,
SC-17, SC-18, SC-28,
SC-29
SC-29 SC-2, SC-3,
SC-4, SC-6,
SC-12, SC-14,
SC-19, SC-23,
SC-27
a. See the introduction to this volume for explanation of mitigation types.
14.11 ADDITIONAL RESOURCES
2015 Urban Water Management Plan - http://santaclaraca.gov/home/showdocument?id=48088 1989 Loma Prieta Earthquake Damage - Seismic Study by G&E Engineering report City’s General Plan -http://www.santaclaraca.gov/government/departments/community-development/planningdivision/general-plan Climate Action Plan -http://www.santaclaraca.gov/home/showdocument?id=10170
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Flood Hazard Boundaries
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Moderate
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-850 Agenda Date: 8/16/2022
REPORT TO AUTHORITY BOARD
SUBJECT
Action on Stadium Authority Bills and Claims for the Month of May 2022
BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that they are in compliance with the goods or services provided.
The Bills and Claims listing represents the cash disbursements required of normal and usual operations during the period. Budget control is set by the Stadium Authority Board through the budget adoption process.
DISCUSSION
On April 30, 2019 the Stadium Authority Board directed staff to stop payment of any Stadium Authority invoices for services unless there is substantial documentation of services rendered, which must also be in compliance with State law and City Code. Since April 30, 2019, staff received direction to pay Stadium Authority invoices related to SBL sales and services, insurance, and utilities.
In addition, at the March 23, 2021 Stadium Authority Board meeting, the Board approved staff recommendations to direct the Forty Niners Stadium Management Company, LLC (Stadium Manager) to provide a procurement plan/schedule that demonstrates the ability to manage the Stadium with the proper standard of care and that addresses the highest priority projects while balancing the potential need for City resources. Subsequent to that direction, the Stadium Manager has submitted requests to the Board for approval; to be awarded purchase order(s) related to capital projects.
At the March 15, 2022 Stadium Authority Board meeting, the Executive Director was delegated authority to approve budget amendments that move funds from the Legal Contingency to Shared Expenses after the review of adequate documentations for costs based on Board direction.
Subsequent to that direction, Stadium Authority staff met with Stadium Manager on April 12, 2022 to review documentation for shared expenses. After follow-up meetings with the Stadium Manager, payments related to compensation that were reviewed and approved for monthly payment, totaling $5.1 million for the fiscal year.
Expenses paid in May 2022 include:
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22-850 Agenda Date: 8/16/2022
· Payments totaling $101,648.22 to the City of Santa Clara for reimbursement of General and Administrative (G&A) City payroll costs (e.g.: Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) · Payments totaling $1,207,082.61 to Forty Niners Stadium Management Co, LLC for the following:
o $7,662.00 for June 2022 Stadium Manager Expenses - Compensation for Grounds o $31,302.00 for June 2022 Stadium Manager Expenses - Compensation for Guest Services
o $32,497.00 for June 2022 Stadium Manager Expenses - Compensation for Security o $143,482.00 for June 2022 Stadium Manager Expenses - Compensation for Engineering
o $208,053.00 for June 2022 Stadium Manager Expenses - Compensation for Stadium Ops
o $240,624.00 for June 2022 Stadium Manager Expenses - Utilities o $88,678.00 for June 2022 Stadium Manager Expenses - Insurance o $174,077.00 for June 2022 Stadium Manager Expenses - SBL Sales & Services o $3,483.61 for June 2022 Stadium Manager Expenses - StadCo Tenant Improvements o $8,334.00 for June 2022 Stadium Manager Expenses - Lender Fees o $51,886.00 for June 2022 Stadium Manager Expenses - Other G&A o $217,004.00 for CapEx Reimbursement for CapEx Project - Emergency Recycled Water Line Repair
· Payment totaling $976,858.43 to Forty Niners SC Stadium Co, LLC for the Subordinated Loan Principal Payment
· Payment totaling $27,414.19 to Armanino LLP for CapEx Project - FMS Project · Payment totaling $1,142.40 to J.S. Held LLC for January 2022 Audit Services · Payment totaling $5,894.50 to Wilson Ihrig for March 2022 Noise Monitoring Services · Payments totaling $18,149.00 for February 2022 Legal Services · Payments totaling $58,172.18 for March 2022 Legal Services The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, information that would compromise legal strategy, and would otherwise be privileged, is redacted consistent with the Public Records Act.
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)(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
There is a $2,398,177.70 fiscal impact to the Stadium Authority.
COORDINATION
This report has been coordinated with the Stadium Authority Counsel’s Office.
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22-850 Agenda Date: 8/16/2022
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]>.
RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for May 2022.
Reviewed by: Kenn Lee, Treasurer
Approved by: Rajeev Batra, Executive Director
ATTACHMENTS
1. May 2022 SCSA Bills and Claims
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Payment Date Vendor Invoice No. Description Fund Amount 5/16/2022 Bank of America N/A April 2022 bank fees acct 0444 CapEx 1,539.73 5/16/2022 Bank of America N/A April 2022 bank fees acct 0425 Operating 230.42 5/16/2022 Bank of America N/A April 2022 bank fees acct 6280 Operating 45.18 5/25/2022 Bank of America N/A February 2022 bank fees acct 6596 Operating 0.84 1,816.17
5/5/2022 City of Santa Clara N/A B2208 SCSA Admin Payroll Costs Operating 52,883.75 5/26/2022 City of Santa Clara N/A B2209 SCSA Admin Payroll Costs Operating 48,764.47 101,648.22
5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - Compensation for Grounds Operating 7,662.00 5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - Compensation for Guest Svcs Operating 31,302.00 5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - Compensation for Security Operating 32,497.00 5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - Compensation for Engineering Operating 143,482.00 5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - Compensation for Stad Ops Operating 208,053.00 5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - Utilities Operating 240,624.00 5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - Insurance Operating 88,678.00 5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - SBL Sales & Svcs Operating 174,077.00 5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - StadCo Tenant Improvements Operating 3,483.61 5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - Lender Fees Operating 8,334.00 5/31/2022 Forty Niners Stadium Management Co, LLC SLS-23454 June 2022 Std Mgr - Other G&A Operating 51,886.00 5/31/2022 Forty Niners Stadium Management Co, LLC N/A CapEx Proj - Emergency Recycled Water Line Repair CapEx 217,004.00 1,207,082.61
5/6/2022 Forty Niners SC Stadium Co, LLC N/A Subordinated Loan Payment - Principal Debt Service 976,858.43 5/24/2022 Armanino LLP 859380 CapEx Proj - FMS Project CapEx 19,381.69 5/24/2022 Armanino LLP 874314 CapEx Proj - FMS Project CapEx 8,032.50 27,414.19
5/11/2022 J.S. Held LLC 1371910 January 2022 Audit Services Operating 1,142.40 5/10/2022 Wilson Ihrig 16125N44 March 2022 Noise Monitoring Services Operating 5,894.50 Various February 2022 Legal Services Operating 18,149.00 Various March 2022 Legal Services Operating 58,172.18
76,321.18
May 2022 Total $ 2,398,177.70
Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire Transfer
For the Month of May 2022