Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.
METROPOLITAN TRANSPORTATION
COMMISSION
Therese W. McMillan, Executive Director
SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY
jrDocuSigned by:
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Carolyn M. Gonot, General Manager/CEO
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PROJECT DESCRIPTION
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Master Funding Agreement
Supplement No. 6 - Santa Clara Downtown Station Area Specific Plan
Annex I
Project Description and Scope of Work
The City of Santa Clara's Station Area Specific Plan will serve as a tool for the City of Santa Clara, City of San Jose, school districts, colleges, other governmental agencies, residents, businesses, and developers to guide future public and private investment in the Station Area Plan over a 25- to 30-year horizon. The purpose of the Station Area Plan is to establish a community-based vision to shape a vibrant transit hub. As property owners in the Station Area and the agency responsible for planning and constructing BART Silicon Valley Phase II, VT A is committed to working in partnership with the City of Santa Clara on this vision.
The Station Area includes land within approximately a one-half mile radius of the existing Caltrain/ACE station. Immediately adjacent to the Caltrain/ACE Station is the planned BART Phase II Santa Clara Station (at-grade) and the future BART Maintenance Facility (formerly the Newhall Railyard). The Santa Clara Station is also the end of the line for VT A's BART Phase II Extension. VT A's BART Silicon Valley Phase II Extension Project is a six-mile, four-station extension that will expand.BART service from Berryessa/North San Jose through downtown San Jose to its terminus at the City of Santa Clara Station. Some key development projects already underway in the Station Area include Gateway Crossings (Hunter/Storm) at 1205 Coleman Avenue, mixed-use housing/retail at 575 Benton Street, and the Coleman Highline (the development's parking structure is located in the City of Santa Clara) In addition, development projects are underway nearby in adjacent properties located within the City of San Jose's jurisdiction.
In 2010, a Draft Station Area Plan was developed, but ultimately not adopted by City Council. Many new land use and transpo1tation planning efforts have unfolded in the past decade in the City of Santa Clara, elsewhere in Santa Clara County, and across the Bay Area. A new Specific Plan is needed that incorporates these changes and the diverse voices and vision of Santa Clara residents and stakeholders.
In 2019, VTA developed a Transit-Oriented Communities Study or "Playbook" for the Santa Clara Station that was presented to the City Council, but not adopted. The existing conditions analysis and various technical appendices from the Playbook will be helpful for the preliminary tasks in this scope of work, including tasks 1 through 3.
Project Location and Context
The Station Area ("Station Area") is located in Santa Clara, California (Figure 1 ). It is approximately
1.3 miles by 0.5 miles or 432 acres in size, encompassing about a one-half mile circular catchment area around the Station. However, the older Specific Plan from 2010, delineated a sphere of influence that included portions of land within the City of San Jose. The updated Plan scoped in this document, will only address land within the City of Santa Clara's jurisdiction.
Much of the Station Area is currently zoned as Industrial. The Area's western edges border established neighborhoods, including the Old Quad in Santa Clara and the Newhall Neighborhood in San Jose, and Santa Clara University. The De La Cruz Boulevard overpass and San Jose International Airp01t form the n01thern and eastern boundaries. Interstate 880 (I-880) forms the southern border. The existing Caltrain/ACE Station is located at the center of the Station Area. The pedestrian undercrossing DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF
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Supplement No. 6 - Santa Clara Downtown Station Area Specific Plan
constructed by VT A in 2017 connects the Cal train/ ACE platforms to the future BART Station Area and newly developed commercial and retail properties along Coleman A venue near Pay Pal Parle VT A owns the future BART station area, maintenance facility, parking lot located east of Brokaw Road, and a portion of the existing Caltrain parking lot on the southwest side of the tracks (approximately 0.7 acres).
Construction of the BART station will commence in late 2024, with substantial construction completion in 2028. The start of revenue service is anticipated in 2030. The focus area boundaries per the General Plan is shown below in Figure 1.
SCOPE OF SERVICES
Overview
This section presents the scope of services, organized into 11 tasks. The selected Consultant may propose additional topics or recommended changes to the presented scope of services as part of their proposal response in Task 13 - Optional Tasks.
Agency and City Roles
The contract for this Project will be procured and managed by VT A for FT A-compliance and grant administration purposes. However, the majority of day-to-day management of the Consultant will be conducted by the designated Project Manager at the City of Santa Clara. VT A will serve in an advisory capacity on project deliverables and processes, as well as participate in the Technical Advisory Committee. Implementing this Project will require inter-agency coordination and coordination across other Consultant teams involved in BART Phase II and other concurrent VTA efforts. Both City of Santa Clara and VTA staff will help coordinate and/or facilitate information sharing between consultant teams working on related/adjacent projects when necessary.
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Supplement No. 6 - Santa Clara Downtown Station Area Specific Plan
Santa Clara Station Area Plan
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Station Area Plan
Figure I: Santa Clara Station Area Plan (City o.lSanta Clara, 2021) DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF
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Supplement No. 6 Santa Clara Downtown Station Area Specific Plan
TASK 1: PROJECT INITIATION AND MANAGEMENT
1.1 Kick-off Meeting and Site Visit
City Staff will meet with the Consultant to review the project description, scope of work, time line, and budget. This meeting will be conducted in conjunction with a site visit of the Station Area, focusing on key activity areas, including but not limited to: the existing Caltrain/ACE Station, VTA's future BART Phase II Station and Maintenance Facility, Silicon Valley Power (SVP) infrastructure (including observing any conflicts and relocation options), the Gateway Crossings development site, and Station Area connections to surrounding neighborhoods and roadways. The site visit will help the Consultant more fully understand the mobility issues, character areas, design parameters, and other opportunities and challenges.
Task 1.1 Deliverables:
• Kick-off Meeting and Site Visit Materials (agenda and summary) • Refined Work Program, Schedule, and Budget Memo
1.2 Project Management and Meetings
The Consultant will plan and budget for monthly project meetings and prepare monthly progress repotis tracking completion of the work plan, schedule, and budget expenditures. Invoices will be submitted monthly to VT A.
Task 1.2 Deliverables:
• Monthly meeting materials (agenda and presentation materials) • Monthly invoices with progress repotis
1.3 Community Engagement Strategy
The Consultant will develop a comprehensive Community Engagement Strategy Memorandum. This document will outline specific engagement approaches and tools best suited to community stakeholders in the Station Area. The document will be developed in close coordination with City Staff and draw from the field observations and discussions from the Kick-off Meeting and site visit. The Consultant will prepare a preliminary schedule for outreach effotis that fits within the larger project schedule with key milestones, including specific meetings and events for City review and comment. Given the uncetiainty of the ongoing COVID-19 pandemic, Consultants should plan for community engagement events/activities to be held vi1iually and if possible, in-person assuming all County Health Orders are being followed.
At a minimum, the Community Engagement Strategy should include:
• Establishment of a Technical Advisory Committee (TAC): The TAC's focus will be to provide technical feedback at key milestones in the planning process. City Staff will take the lead in establishing and coordinating the TAC and identifying specific patiicipants. Composition of the TAC will include representatives from local jurisdictions and agencies. The Consultant will provide feedback on the TAC membership, facilitate and lead discussions, present technical DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF MTCNTA
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materials, and take summary notes at TAC meetings. The Consultant should assume attendance at up to three (3) TAC meetings.
• Establishment of a Station Area Taskforce (SAT): The focus of the SAT will be to receive project updates, review work progress and Plan specifics; discuss issues, vision, and direction; and provide input on the Project. City staff will take the lead in establishing and coordinating the SAT and identifying specific members. See Task 2 for more details. • Public Engagement: Facilitate public outreach such as workshops, town halls, and open houses, and direct engagement such as pop-up workshops, focus groups, or interviews with stakeholders and/or focus groups. The Consultant will work with City staff to identify residents, businesses, property owners, relevant public agencies, community groups, neighborhood associations, nonprofits, and faith-based organizations for outreach. The City will provide noticing and outreach for all community workshops. At a minimum, there will be three (3) public workshops, two (2) open houses, a vision charette (Task 4.1 ), and stakeholder interviews (Task 4.1 ). • Planning Commission Hearings/ City Council Study Sessions: Over the course of the Project, the Consultant will prepare presentations of draft project materials for up to: three (3) Planning Commission, three (3) City Council hearings and study sessions (Task 9), three (3) Bicycle & Pedestrian Advisory Committee Meetings, and one (1) Downtown Task.force Committee Meeting.
• OnlineNirtual Engagement Tools: The Consultant is encouraged to strategically make use of online engagement tools such as interactive maps, graphics, and surveys These effo1is should expand community outreach to a diverse population, providing vi1iual options that are fully accessible in parallel with any in-person activities.
• Past/Concurrent Engagement Efforts: The Consultant should draw from past engagement efforts from VTA' s Playbook for the Santa Clara Station (2019), which included several community workshops. In addition, the BART Silicon Valley Phase II Project engages quarterly with a Community Working Group comprised of stakeholders in Santa Clara, including representatives from community-based organizations, small business owners, and local educational institutions.
The Consultant will identify and document any needed translation services required at the engagement activities defined in the Strategy Memo, referencing demographic data gathered for the existing conditions report to assess the level of need by specific language(s).
Task 1.3: Deliverables:
• Draft Community Engagement Strategy and Schedule Memorandum • Final Community Engagement Strategy and Schedule Memo DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF
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1.4 Project Identity and Public Information Website
The Consultant will develop a consistent project identity for all outreach materials that reflect the vision of the Station Area Plan and the surrounding communities. The identity will be anchored by a logo and color palette/scheme that the Consultant will develop through up to three (3) iterations with the City.
Once agreed upon, the logo and color palette will be used to create an accessible, public-facing project website and an adaptable template for presentation slides, reports, postcards, outreach flyers, social media, etc. These materials will be reviewed by City Staff and revised before being shared with the public. Materials must be accessible in the languages commonly spoken in the community (Task 1.3).
VTA will also include content about the project on their TOD webpage. Any information also included on VTA's TOD webpage must be produced as an accessible PDF, per VTA's Policy on Accessible Information and Communications.
Task 1.4 Deliverables:
• Logo and color palette (up to three revisions)
• Public information and website content, up to four ( 4) revisions TASK 2: COMMUNITY TASKFORCE ENGAGEMENT
2.1 Station Area Taskforce Meetings and Materials
This task is dedicated to SAT meetings. The Consultant will prepare meeting agendas, act as the facilitator for each of the task force meetings and lead discussions, present technical materials, and take summary notes. The Consultant should assume up to fifteen (15) SAT meetings to occur at key project milestones.
Task 2.1 Deliverables:
• Materials (agenda, sign-in sheet, presentations, boards, etc.) for up to fifteen (15) meetings.
TASK 3: EXISTING CONDITIONS ANALYSIS
3.1 Base Map Development
The Consultant will develop a base map and template with City input and review. The base map will establish a uniform style, legend, and title block for all project maps. The base maps will include:
• Context maps that demonstrate the adjacent land use context, public transit and major transpo1iation stations and routes, public parks, schools, and project boundaries; • The location of the Station Area in the greater context of other focus areas and the City of Santa Clara;
• Aerial maps, General Plan land use and zoning maps;
• Any other tasks in this scope that require mapping;
• Existing water and sewer infrastructure
• FEMA flood zones; and
• Identify major existing SVP utilities infrastructure including SVP substation, transmission, distribution, and fiber facilities.
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Supplement No. 6 - Santa Clara Downtown Station Area Specific Plan All GIS and mapping prepared for the Specific Plan will be consistent with City protocols and data formats to ensure easy integration into the City's information systems at the end of the project.
Task 3.1 Deliverables:
• Up to ten (10) Base and Existing Conditions Maps (GIS, Illustrator, and PDF)
3.2 Existing Conditions Report
The Consultant, with City assistance, will collect and analyze existing data to create an Existing Conditions Report. City Staff will assist by providing any available existing conditions data for the Station Area, including existing conditions data collected as part ofVTA's 2019 Transit-Oriented Communities Study or "Playbook." VTA, as a project partner, can also provide any available data on existing/proposed public transportation and transit ridership data. This report will serve as a foundational document to understand the Station Area's historical land use and urban planning context. Demographic and socio-economic characteristic data may include, but not be limited to:
• Existing land use (inventory of housing, including affordable housing jobs, parks (mini-parks, neighborhood parks and community recreation facilities, including Level of Service data capacities/age/conditions and parks per 1,000 resident), neighborhood amenities/retail, community facilities, social services, and schools/playgrounds) and physical characteristics; • Population, households, age, ethnicity, language, place of birth and residence, disability, income, and poverty status;
• Property ownership;
• Employment (number of jobs by wage/salary an occupation); • Fiscal analyses regarding existing prope1iy tax, employment tax, sales tax data, and these contributions to the City's General Fund
• Existing affordable housing (including existing restricted and unrestricted affordable housing sites);
• Historic structures and places and historical background of the Station Area; • Existing/proposed public transportation (including stations, stop locations, and frequencies), roadway facilities and bicycle and pedestrian facilities and routes; • Transit ridership data and demand
• Multimodal traffic volumes and mode shares (i.e., vehicle, bicycle and pedestrian, travel mode to work, travel and circulation patterns);
• Vehicle ownership rates, by household;
• Assessment of existing station access, including activity centers that can be accessed within a I 0-15-minute bike ride, walk, or bus ride.
• Safety data, including SWITRS and the City's collision data; • Mapping of existing infrastructure utilities (water, recycled water, sewer, Silicon Valley Power (electric), PG&E (gas), recycled water lines and easements), communication lines, and assessment of infrastructure needs consistent with General Plan requirements; • Forecasted BART station ridership;
• Impacts of Drought and water shortage actions and emphasis on need for conservation and recycled water use
• Environmental contamination inquiry, given the that the Station Area includes light industrial land uses; and
• Natural hazards data.
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Also, this task will include a thorough review of all relevant background information, including but not limited to: the City's General Plan, Zoning Code, City of Santa Clara Transportation Policies, BART Phase II policies and reports, Caltrans, County of Santa Clara, City of San Jose, High Speed Rail, the Caltrain/Peninsula Joint Powers Board (JPB) policies/plans, Valley Water policies/plans, traffic studies, adjacent Specific Plans, and Focus Area Plans, and existing infrastructure plans.
Task 3.2 Deliverables:
• Draft Existing Conditions Report
• Final Existing Conditions Report
TASK 4: OPPORTUNITIES, CONSTRAINTS, AND ECONOMIC ANALYSIS
4.1 Economic and Financial Analysis
The Consultant will analyze potential market demand for housing, commercial, office, and mixed-use development in the Station Area. This analysis should touch on the following:
• Long-term citywide industry and employment trends;
• Current real estate market conditions;
• Affordable housing creation and incentives;
• Small business retention, supp01i, and opp01iunity creation; • Recently built, planned, and proposed competitive projects within the appropriate market or trade area;
• Citywide retail sales, hotel, and restaurant/entertainment trends, including a post-COVID retail analysis;
• Fiscal analysis of proposed uses and added City service and capital costs to suppo1i new residents and/or businesses planned for in the Specific Plan. Analysis should provide a citywide context given recent industrial conversions, for fiscal tradeoffs for potential proposed residential or employment uses in the Specific Plan; and
The Consultant will review the planned development program for the Station Area against real estate market conditions and trends in the larger surrounding market area. In addition, the Consultant will craft recommendations on the type, amount, and density needed to make it feasible to achieve the development program and suppo1i infrastructure needs. The Consultant will then assess the potential competitiveness and the economic challenges to creating the desired development pattern. Based on the analysis and findings from this subtask, the Consultant will develop a recommended strategy that the City can use to overcome identified challenges and create transit-suppo1iive land uses around the Santa Clara Station.
Task 4.1 Deliverables:
• Draft Economic and Financial Analysis Repo1i
• Final Economic and Financial Analysis Repo1i
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4.2: Community Workshop #1- Identifying Opportunities and Constraints The Consultant will plan and facilitate an interactive and collaborative community workshop as part of Task 3. The purpose of the first workshop is to present existing conditions and background research, summarize the public outreach strategy, and gather public input on opportunities, constraints, goals, and principles. In collaboration with City Staff, the Consultant will present the findings from preceding tasks to residents and other interested community members, such as those who work in or visit Santa Clara.
The Consultant will prepare meeting agendas and materials for review by City Staff in advance of the meeting.
Task 4.2 Deliverables:
• Draft and Final workshop materials (agenda, sign-in sheet, presentations, boards, etc.) • Draft and Final Workshop Summary memo (including any comment cards)
4.3 Setting, Opportunities, and Constraints Summary
Drawing upon the work conducted in prior Task 3 subtasks, the Consultant will prepare a summary of key findings and opportunities in the Station Area. The Summary will be user-friendly and highly-visual to facilitate informed discussions about project vision and goals with stakeholders. The Summary will include narrative, mapping, site photographs, and other visual aids necessary to present the setting, constraints, and opportunities to consider.
Task 4.3 Deliverables:
• Draft Setting, Opportunities, and Constraints Summary • Final Setting, Opportunities, and Constraints Summary TASK 5: VISION PLAN
The Consultant will develop a Vision Plan that presents a cohesive and compelling vision of the Station Area for the next 25- to 30-years. This document will convey the City's desired future for the Station Area to key decision-makers, business and prope1iy owners, transit operators, employers, and the development community.
5.1 Vision Charette and Stakeholder Interviews
the Consultant will host a series of stakeholder interviews culminating in a vision charette to develop a clear picture of the perspectives of stakeholders, businesses, and prope1iy owners in the Station Area. The purpose of these efforts is to build a clear and collaborative picture of how key stakeholders view the existing Station Area and their hopes for its future. The Consultant will plan for up to eight (8) stakeholder focus group interviews.
At the conclusion of the interviews, the Consultant will build upon the findings from the focus groups to design and implement an interactive vision charette. The charette's purpose is to develop and refine an overarching vision for the Station Area and identify key urban design attributes and other attributes stakeholders would like to see around the Station Area. City and VTA Staff can assist the Consultant developing and refining the proposed list of stakeholders. If necessary, the option to meet virtually using online-based collaboration tools should be leveraged to facilitate the charette and focus groups and DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF MTCNTA
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subsequent community engagement in latter tasks. The Summary Memorandum should highlight key themes expressed by paiiicipants of the focus groups and charette.
Task 5.1 Deliverables:
• Stakeholder interviews/focus groups and interactive vision charette (up to 8) • Draft Stakeholder Vision Summary Memorandum
• Final Stakeholder Vision Summary Memorandum
5.2: Community Workshop #2- Vision
The Consultant will plan and facilitate an interactive and collaborative community workshop to refine the Vision for the Station Area. In collaboration with City Staff, the Consultant will present the Draft Vision and Goals from Task 3.3 for discussion with residents and other interested community members, such as those who commute or work in Santa Clara. The Consultant will prepare meeting agendas and materials for review by City Staff in advance of the meeting.
Task 5.2 Deliverables:
• Draft and Final Workshop Materials (agenda, sign-in sheet, presentations, boards, etc.) • Draft and Final Workshop Summary Memorandum (including any comment cards)
5.3: TAC Meeting #1- Vision
The Consultant will host an introductory TAC meeting to gather feedback on and refine the Vision for the Station Area (Task 4.1 ). Discussion should also touch upon the Station Area Specific Plan's interconnectivity with adjacent/concurrent Specific Plans currently underway in Santa Clara, including the Downtown Precise Plan. The Consultant will prepare meeting agendas and materials for review by City Staff in advance of the meeting.
Task 5.3 Dehverables:
• Draft and Final TAC Meeting Materials (agenda, sign-in sheet, presentations, boards, etc.) • Draft and Final TAC Meeting Summary Memorandum
5.4: Vision Plan
Drawing upon findings from Task 4 subtasks, the Consultant will develop a Vision Plan for the Station Area. The Vision Plan will present a vision and guiding principles and concepts, diagrams, visualizations, maps, and other visual aids to communicate this vision. Specific topic areas to be touched upon include: mobility and connectivity, land use, community amenities, infrastructure concepts (including green stormwater infrastructure), water conservation, and open space. The Consultant will finalize the Vision Plan based on City staff comments.
Task 5.4 Deliverables:
• Draft Vision Plan Memorandum
• Final Vision Plan Memorandum
TASK 6 ALTERNATIVES DEVELOPMENT
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6.1: Plan Alternatives and Concept Study
Based on the outcomes from prior tasks, especially the community and stakeholder engagement in Task 4, the Consultant will develop up to three Plan Alternatives. These Alternatives will encapsulate three distinct options for the future of the Station Area over a 25- to 30-year horizon. The Draft Alternatives will include descriptions and illustrations of variations in development intensities, urban design, land use plan, multi-modal circulation and connectivity, transit, park facilities, community facilities, and site design concepts. Maps, tables, and other visual tools should be incorporated as needed to present the alternatives in a highly-graphical and easy-to-comprehend manner. The Consultant will also conduct a comparative analysis of each alternative, highlighting each option's relative strengths and weaknesses.
The alternatives will also be evaluated against the project goals, principles, and vision developed as part of Task 4. Circulation concepts to improve multimodal connectivity, including creating new roadways, pedestrian facilities, and bike routes to enhance connectivity to, from, and through the Station Area, are of critical impo1iance, given the limited street network in industrial areas and grade-crossing locations along the existing JPB right-of-way. The new mixed-use development projects and the BART Phase II Station coming into the area over the next decade will present increased multimodal transportation demand in the Station Area.
Task 6.1 Deliverables:
• Plan Alternatives - up to three (3)
• Draft Concept Alternatives Memorandum
• Final Concept Alternatives Memorandum
6.2: Community Workshop #3: Alternatives
The Consultant will organize and facilitate a third community workshop to gather feedback on the three Plan Alternatives from Task 5.1. Input gathered at this meeting, and the TAC meeting (Task 5.3) will be used by the Consultant to refine and select the Preferred Alternative. The Consultant will prepare meeting agendas and materials for review by City Staff in advance of the meeting.
Task 6.2 Deliverables:
• Draft and Final workshop materials (agenda, sign-in sheet, presentations, boards, etc.) • Draft and Final Workshop Summary memo (including any comment cards)
6.3: TAC Meeting #2 (Alternatives)
The Consultant will convene and facilitate a second TAC meeting to gather feedback on the three Plan Alternatives from Task 5 .1. Similar to the previous subtask, input gathered at this meeting will be used by the Consultant to refine and select the Preferred Alternatives.
Task 6.3 Deliverables:
• Draft and Final workshop materials (agenda, sign-in sheet, presentations, boards, etc.) • Draft and Final Workshop Summary Memorandum
6.4: Preferred Alternative
Following Tasks 5.1 -5.3, the Consultant will facilitate awork session with City Staff to review input received on the Plan Alternatives, select a Preferred Alternative, and identify any needed changes to the DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF
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Supplement No. 6 - Santa Clara Downtown Station Area Specific Plan
Preferred Alternative. The Consultant will also use this work session to confirm direction on the Urban Design, Streetscape and Open Space Standards (Task 5.5). Specific analysis and group discussion on multimodal circulation, reducing vehicular traffic, and leveraging shared parking strategies will be required for this subtask. The results of the work session and direction/next steps on the Preferred Alternative will be summarized in a brief memorandum.
Task 6.4 Dehverables:
• Draft and Final Internal Work Session materials (agenda and presentation) • Draft and Final Work Session and Preferred Alternative Summary Memorandum
6.5: Urban Design, Streetscape, and Open Space Standards The Consultant will prepare a set of design standards that present a clear and cohesive vision for future public and private improvements in the Station Area. The standards should lean heavily on visual renderings, sketches, and images to convey the desired outcomes and requirements. The Consultant will prepare a new zoning district(s) will which codifies these architectural, setback, and height standards.
Should a form-based code be desired, it would be funded and developed by a separate implementation action. Clear guidance and illustrative examples should be included for the following topics:
• Urban Design and Architecture, including specific direction on height, massing, fa<;ade articulation, setbacks, and other considerations to meet the desired architectural standards for the Station Area;
• Utility and Infrastructure Planning, including typical sections with standard utility placement of dry and wet utilities and standard frontage placement of appurtenances, trees and streetscape amenities.
• Streetscape and circulation with an emphasis on new roadways/paths leading to and from the Station Area (both Caltrain/ACE and the future BART Phase II Station), including Sustainable/Complete Streets; and
• Open/Shared Spaces, including a focus on shared public spaces at/near the Station and the interface of private developments with the public realm. The City has a standard for park plan dedication, which states that 2.6 to 3 acres of new parkland should be provided for every 1,000 new residents. Recent specific plans have not accomplished this and have instead acknowledged publicly-accessible open space on private land.
• Green stormwater infrastructure to provide for the sustainable processing of stormwater runoffs from new infrastructure in the Station Area.
Task 6.5 Deliverables:
• Draft Design Standards and Zoning District(s)
• Revised Draft Design Standards and Zoning District(s) TASK 7: DRAFT STATION AREA SPECIFIC PLAN
7.1: Develop Draft Specific Plan Chapters
The Specific Plan will serve as the City's long-range, comprehensive land use and circulation plan for guiding development around the Santa Clara Station. The Consultant team will create the Draft Specific DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF
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Plan based on the results of prior tasks and the community engagement process. The Consultant will finalize the Draft Specific Plan Chapters based on City staff comments.
The Consultant will also develop a template for the Draft Specific Plan document in Adobe InDesign or comparable layout program. Each chapter shall identify principles for the given topic supported by goals, policies, standards, and guidelines as appropriate, including objective design standards. The Draft Plan shall include supporting graphics, maps, and images that supp01i the narrative.
At a minimum, the Specific Plan should include the following chapters:
• Introduction
• Vision and Guiding Principles
• Goals and Policies
• Land Use Plan
• Circulation and Parking
• Implementation Chapter
• Urban Design Guidelines and Objective Standards (Building, Open Space, Streetscape/Public Realm)
Task 7.1 Deliverables
• Administrative Draft Station Area Specific Plan:
o One (1) Microsoft Word copy of the Plan (text only);
o One (1) Adobe InDesign template for the Plan document; o One (1) Adobe InDesign copy of the Plan;
o All electronic source files used to create the document; and o All supplementary electronic files to the report.
7.2: Community Open House #1 and TAC Meeting #3
The Consultant will assist City Staff in hosting an open house to present the Draft Plan to the community and provide an opportunity for the community to comment. The Consultant will prepare the Power Point Presentation and exhibition boards for the open house. An Open House Summary Memo will be prepared by the Consultant and published on the City's website within two weeks of the workshop. The Consultant will also convene and facilitate a third TAC meeting around the same time as the Community Open House.
Task 7.2 Deliverables:
• Draft and Final Open House materials (agenda, sign-in sheet, presentations, boards, etc.) • Draft and Final Open House Summary Memorandum
• Draft and Final TAC meeting materials (agenda, sign-in sheet, presentations, boards, etc.) • Draft and Final TAC meeting summary Memorandum
TASK 8: TRANSPORTATION IMPACT PARKING ANALYSIS
8.1 Transportation Impact Analysis (TIA)
Consultant will analyze development scenario(s) for Traffic Level of Service (LOS) impacts in accordance with the City's Transportation Policy and will propose and analyze a range of options DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF
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including physical roadway capacity and transportation demand management strategies to address any adverse effects. The Consultant shall assume 40 intersections and three scenarios (Existing, Background, Background Plus Project, Cumulative, and Cumulative Plus Project). City Staff will work with the Consultant to confirm the number of intersections and scenarios to be included in the preferred alternative scenario. City Staff can also facilitate outreach and coordination to the San Jose Depaitment of Transpo1tation to confirm their TIA guidelines/requirements for any shared intersections/roadways in the Station Area. Any physical roadway capacity improvements will take into consideration Complete Streets and safety principles. The memorandum for this subtask will be combined with subtask 7.2.
Suggested physical capacity or signaling improvements should be reflected/documented in Task 8.1.
8.2: Parking Analysis
This subtask will also include a parking demand management analysis consistent with the preferred alternative and overall plan vision. The Consultant will establish a cumulative parking demand and identify demand management strategies to implement the preferred plan. The analysis will utilize ULI shared parking strategies and ITE methodologies. Coordination with the VTA BART Phase II Team and other transit providers at the Santa Clara Station will be necessary to reflect park-and-ride trips into the demand analysis. The analysis will also quantify the parking demand reduction expected due to proximity to high quality transit service and the proposed mix of land uses. The Consultant will integrate strategies to manage curb management and on-street parking facilities into the larger parking strategy. Fmthermore, the Consultant will provide a high-level analysis of potential reductions in parking demand from increased use of rideshare and reduced auto-ownership among growing segments of the population. The Consultant will also develop recommended changes to the City's adopted parking standards, including shared parking considerations. The TIA and parking analysis will be documented in a summary memorandum with any associated technical appendices.
Deliverables (8.1 and 8.2):
• 8.2: Admin Draft Transpmtation Impact Analysis and Parking Demand Management Memorandum
• 8.2: Draft Transpo1tation Impact Analysis and Parking Demand Management Memorandum • Final Transpmtation Impact Analysis and Parking Demand Management Memorandum TASK 9: INFRASTRUCTURE FINANCING
9.1 Infrastructure/Public Services and Implementation
The Consultant shall include information about services and infrastructure needed to implement the Plan, including specific policies regarding utilities, public safety, and parks.
The Plan shall also identify actions and strategies for its implementation, including needed infrastructure improvements and financing strategies to enable these improvements, such as roadways, stormwater treatment, parkland and facilities, enhanced or new pedestrian and bicycle facilities, public safety (fire & police) equipment or infrastructure needs to address growth, and electric utility infrastructures to meet electric demand. An evaluation of projected costs and revenues associated with the proposed improvements, including new streets, other public facilities, and utility infrastructure, and its potential effect on the City's budget should also be included. Specifically, sewer models including pump station DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF MTCNTA
Master Funding Agreement
Supplement No. 6 Santa Clara Downtown Station Area Specific Plan
capacity- will need to be run once the sizing of the Specific Plan land use mix is determined (i.e., number of housing units and square footage of commercial space). Studying potential relocation of existing SVP utilities infrastructure affected by plan and new SVP electric infrastructure that might be required to be able to serve intensified uses in the Station Area.
9.2 Infrastructure and Amenities Financing
This task is focused on determining the necessary infrastructure (including water treatment facilities), cost estimates, and phasing to implement the Specific Plan. Consultant will identify the specific cost of the infrastructure items and the impact fees associated with each to assist the City with bringing forward an area impact fee to City Council. Consultant will also develop financing strategy such as infrastructure fee and/or assessment district to finance the construction in a manner consistent with development timing (including parkland/open space). Multimodal and streetscape improvements, such as enhanced or new bicycle and pedestrian facilities, street furniture, and streetscape improvements that would suppo1i Transit-Oriented Communities and Complete Streets should be included.
Deliverables (9.1 and 9.2):
• Draft Infrastructure Summary Memorandum
• Final Infrastructure Summary Memorandum
TASK 10: DRAFT SPECIFIC PLAN REFINEMENT
10.1 Plan Refinement
The Consultant will refine the Draft Plan from Task 6 based on the comments received from the Open House, TAC meetings and City Staff. The plan refinement may require multiple revisions (up to three) in coordination with City Staff. The Consultant should propose a alternatives analysis process for arriving at the preferred alternative. The timing of Open House #2 (Task 8.2) should be strategically timed to allow for final community feedback into the Draft Final Plan to be presented to the Planning Commission and City Council in the next phase of work.
Task 10.1 Deliverables:
• Draft Final Station Area Specific Plan:
o One (1) Adobe InDesign copy of the Plan;
o All electronic source files used to create the document; and o All supplementary electronic files to the report; and o One (1) fully editable PDF copy of the Plan
TASK 11: CALIFORNIA ENVIRONMENTAL QUALITY ACT {CEOA) CLEARANCE The Consultant will prepare a program-level Initial Study and likely environmental impact rep01i (EIR) with necessary technical studies. Together, these studies will thoroughly and adequately assess the impacts of the Draft Specific Plan and comply with the provisions of the California Environmental Quality Act (CEQA).
11.1: Define Project, Review Data, Determine Existing Conditions, and Determine CEQA Strategy The Consultant shall work with City staff to define and determine the CEQA strategy necessary to prepare and complete the required CEQA documentation for adoption of the Specific Plan. The DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF
MTC/VTA
Master Funding Agreement
Supplement No. 6 - Santa Clara Downtown Station Area Specific Plan
Consultant shall pmiicipate in a kick-off meeting and any needed follow-up communication to determine the CEQA strategy and schedule. This work should include but is not limited to: defining the scope, identifying the sections to include in the environmental document, collecting the necessary data and research, and determining the existing conditions.
Task I I.I Deliverables:
• Attend CEQA Clearance Kick-off meeting
• CEQA Strategy and Schedule Memorandum
11.2 Prepare Draft Environmental Review Clearance Documents The environmental review scope is anticipated to include a program level Initial Study with technical studies, and Negative Declarations or Mitigated Negative Declarations that tier off of the ce1iified Environmental Impact Repo1i (EIR) for the City of Santa Clara 2010-2035 General Plan. However, an EIR may also be required. The document will address all required CEQA topics. The selected Consultant may include sub-consultants to conduct environmental review in specific technical areas. At a minimum, technical studies will be required for cultural resources, traffic, and air quality.
Environmental Review Clearance documents shall incorporate results of water supply assessments and hydraulic studies. Consultant should be able to prepare recommendations to address potential water supply impacts that may arise.
Task 11.2 Deliverables:
As necessary, depending on the determined CEQA strategy, the following deliverables may be applicable:
1. Prepare a Notice of Preparation (NOP) ( one draft and one final).
2. Attend and assist City staff with the scoping meeting; review, compile, and respond to comments received.
3. Prepare Administrative and public Draft EIR.
4. Prepare a Notice of Completion (NOC) and Notice of Availability (NOA) (one draft and one final).
5. Prepare the First Amendment to the Draft EIR; including Response to Comments, Mitigation Monitoring and Rep01iing Program, CEQA Findings, and Statement of Overriding Considerations, if applicable.
6. Notice of Determination (NOD) (one draft and one final).
7. Attend one (1) Planning Commission and one (1) City Council hearing.
8. Prepare the final integrated environmental document (Adobe PDF, searchable and fully accessible)
TASK 12: PLANNING COMMISSION AND CITY COUNCIL MEETINGS
The Consultant shall attend and suppo1i staff in presenting the Specific Plan at study sessions and public hearings before the Planning Commission and City Council to adopt the Plan. Specifically, this includes two (2) Planning Commission Study Sessions, two (2) City Council Study Sessions, one Planning Commission recommendation hearing, and one City Council adoption hearing. The Consultant will also DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF MTCNTA
Master Funding Agreement
Supplement No. 6 Santa Clara Downtown Station Area Specific Plan
prepare PowerPoint presentations for Planning Commission and City Council Meetings and assist with supplying materials to support the staff reports.
Task 12.1: Planning Commission Study Sessions and Hearings The Consultant shall make changes to the Draft Final Specific Plan (text and/or graphics) based on the Planning Commission's recommendations.
Task 12.2: City Council Study Sessions and Hearings
The Consultant shall make changes to the Draft Final Specific (text and/or graphics) based on the City Council's recommendations.
Deliverables (12.2 and 12.2)
• Attend Planning Commission Hearings
• Attend City Council Hearings
• PowerPoint Presentations
TASK 13: OPTIONAL TASKS
Should the Consultant identify an additional topic that should be addressed in the Specific Plan, they are encouraged to propose additional topics. Consultants should include work plan language and pricing for any additional/optional tasks proposed.
SCHEDULE
DELIVERABLE EXPECTED DATE
OF COMPLETION
Task 1 - Project Initiation and Management
1. 1 Kick-off Meeting and Site Visit October 2022
1.2 Project Management and Meetings On-Going
1.3 Community Engagement Strategy November 2022
Task 2 - Community Task Force Engagement
Station Area Task Force (SATF) Meetings (15) On-Going
Task 3 - Existing Conditions Analysis
3 .1 Base Map Development November 023
3.2 Existing Conditions Repo1i December 2023
Task 4 - Opportunities, Constraints, and Economic Analysis
4.1 Economic and Financial Analysis January 2023
DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF
MTC/VTA
Master Funding Agreement
Supplement No. 6 - Santa Clara Downtown Station Area Specific Plan
DELIVERABLE EXPECTED DATE
OF COMPLETION
4.2 Community Workshop #1 - Identifying
Opportunities and Constraints Janumy 2023
4.3 Setting, Opportunities, and Constraints Summary February2023 Task 5 - Vision Plan
5 .1 Vision Charette and Stakeholder Interviews February 2023
5.2 Community Workshop #2 Vision March 2023
5.3 TAC Meeting #1 - Vision February 2023
5.4 Vision Plan March 2023
Task 6 - Alternatives Development
6.1 Plan Alternatives and Concept Study April 2023
6.2 Community Workshop #3: Alternatives May 2023
6.3 TAC Meeting #2 (Alternatives) April 2023
6.4 Preferred Alternative May 2023
6.5 Urban Design, Streetscape, and Open Space
Standards June 2023
Task 7 - Draft Station Area Specific Plan
7.1 Develop Draft Specific Plan Chapters July 2023
7 .2 Community Open House # 1 August 2023
7.3 TAC Meeting #3 July 2023
Task 8 - Transpo1iation Impact Parking Analysis
8.1 Draft Transportation Impact Analysis (TIA) and
Parking Demand Management Memorandum May 2023
8.2 Final Transportation Impact Analysis (TIA) and
Parking Demand Management Memorandum July 2023
Task 9 - Infrastructure Financing
9 .1 Infrastructure/Public Services and Implementation July 2023
9.2 Infrastructure and Amenities Financing August 2023
Task 10 - Draft Specific Plan Refinement
10.1 Plan Refinement October 2023
Task 11 - CEQA Clearance
10.1 Define Project, Review Data, Determine Existing
Conditions, and Determine CEQA Strategy May 2023
10.2 Water Supply Assessment June 2023
10.3 Prepare Draft Environmental Review Clearance
Documents December 2023
DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF
MTC/VTA
Master Funding Agreement
Supplement No. 6 - Santa Clara Downtown Station Area Specific Plan
DELIVERABLE EXPECTED DATE
OF COMPLETION
Task 12 - CEQA Clearance
11.1 Planning Commission Study Sessions and
Hearings January 2024
11.2 City Council Study Sessions and Hearings February 2024 Task 13 - Optional Task
12.1 Set Aside/Contingency NIA
DocuSign Envelope ID: EBBDAFDC-4DC9-4942-83C6-4EDDEE6CB0CF
MTC/VTA
Master Funding Agreement
Supplement No. 6 - Santa Clara Downtown Station Area Specific Plan
Annex II
Project Schedule, Budget and Payment
FIRM-FIXED PAYMENT
Payment to AGENCY shall be due in the firm fixed amounts indicated below, upon acceptance by the MTC Project Manager of the following deliverables or milestones, described in detail in Annex I:
, ................. ~ ....................................................... ~~~~~~~·~~~~ ...................................................... E~p~~t~·d ... C~~pl~i'i~~ ........................ ~.~~~~~~~·~ .. ~·~d~~~· ......... .. ................................................................................................................................................................................................ ~ .................................................................................................................... .. ................. 1 ................... Tasks .. 1, .. 3 , .. and .. 4,_Deliverables * .................................. F ebruary .. 2023 .......................................................... $.1.00,000_.00 .......... . ................ 2 ................... Tasks} .. and .. 6,_Deliverables ...................................................... June .. 2023 ................................................................. $.1. 00,000 .00 .......... . ................. 3 ................. l..Tasks.7 .. and .. 8 .. Deliverables ...................................................... July 2023 .................................................................. $.100,000.00 .......... . ................ 4 ................ 1 .. Tasks...9, ... 10 .. and}) ... Del.iverables .............. · ................. February.2024 .......................................................... $.1.00,000_.00 .......... . .................................................................................................................................................... TOTAL.NOT .. TO .. EXCEED .......................................... $400,000.00 .......... . *Note: Task 2 deliverables are funded by a different source (Federal Transit Administration grant funds).
RECIPIENT shall submit an invoice identifying the project deliverable or milestone for which payment is sought no later than thi1iy (30) days after MTC's acceptance of such deliverable/milestone.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1019 Agenda Date: 9/13/2022
REPORT TO COUNCIL
SUBJECT
Action on a Resolution Approving Purchase and Sale Agreements for Easements on the Memorex Junction Transmission Line Extension Project
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), is proposing to construct approximately 0.6 miles of new single circuit 60 kilovolt (kV) overhead transmission line within the eastern area of the City of Santa Clara. One of the objectives of the Memorex Junction Transmission Line Extension Project (Project) is to provide service to the new Memorex Junction Substation to be constructed as a part of the 1200 Memorex Development and potential other data centers or industrial developments within the vicinity.
The new 60 kV transmission line would be constructed along or crossing the following city streets:
Lafayette Street, Shulman Avenue, Memorex Drive, Ronald Street, and Di Giulio Avenue.
The City Council has previously taken several actions on the Project:
· April 14, 2021
: Approved a Funding Agreement with 1220 Santa Clara PropCo, LLC, relating to City predesign engineering activities for the Memorex Junction Substation Project and related budget amendment.
· November 9, 2021: Action on the adoption and certification of an Environmental Impact Report; adoption of a Mitigation Monitoring or Reporting Program; and Architectural approval of a data center project located at 1200-1310 Memorex Drive. · March 22, 2022
: Delegated authority to the Office of the City Manager to negotiate and execute the substation agreement for Silicon Valley Power with 1220 Santa Clara Propco, LLC for Memorex Junction Substation.
· July 12, 2022
: Council took three actions:
o Adopted a Resolution approving the purchases of overhead electric easements at 2380 Lafayette Street [224-63-020], 1045 Shulman Avenue [224-63-006], and 2206 Lafayette Street [224-67-042]; and
o Adopted a Resolution of Necessity to Acquire Certain Real Property Interests on 1040 Di Giulio Avenue, Santa Clara, California, from John P. Anderson; and City of Santa Clara Printed on 9/8/2022Page 1 of 3
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22-1019 Agenda Date: 9/13/2022
o Adopted a Resolution of Necessity to Acquire Certain Real Property Interests on 2265 Lafayette Street, Santa Clara, California, from SEW, LLC.
Other actions taken for this Project include a November 1, 2021, community meeting to present and take comments from the community on the transmission line route.
The Project requires the acquisition of eight (8) parcel easements to facilitate construction of new monopole steel structures and results in the acquisition of new easements for electrical facilities.
DISCUSSION
The City has negotiated the proposed purchase of the easements from the following three property owners of certain parcels necessary for the Project, upon the terms set forth below.
Address Grantors APN Purchase
Price
2191 Ronald Street Richard G Rossi 224-67-023 $50,000
2122 Ronald Street JB Manufacturing, LLC 224-66-003 $15,000 2265 Lafayette Street 2265 Lafayette Street LLC 224-03-080 $44,000
ENVIRONMENTAL REVIEW
The potential impacts to the Project were analyzed in the Final Environmental Impact report for the Memorex Data Center Project, which was adopted by the City Council on November 9, 2021, (Resolution No. 21-9017).
FISCAL IMPACT
The total cost of these easement purchases is $109,000 and the funding is available in the Memorex Junction Substation Project, budgeted in the Electric Utility Capital Fund. This cost will be covered per the executed substation agreement with 1220 Santa Clara Propco, LLC. This action has no fiscal impact to the General Fund as the Project is fully funded by developer contributions.
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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Adopt the Resolution approving the purchases of overhead electric easements at 2191 Ronald Street [224-67-023], 2122 Ronald Street [224-66-003], and 2265 Lafayette Street [224-03-080]; and
2. Authorize the City Clerk to cause the easement deeds to be recorded in the Office of the County City of Santa Clara Printed on 9/8/2022Page 2 of 3
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22-1019 Agenda Date: 9/13/2022
Clerk-Recorder of the County of Santa Clara.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Resolution
2. Agreement for Purchase and Sale - 2191 Ronald Street [224-67-023]
3. Agreement for Purchase and Sale - 2122 Ronald Street [224-66-003]
4. Agreement for Purchase and Sale - 2265 Lafayette Street [224-03-080] City of Santa Clara Printed on 9/8/2022Page 3 of 3
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Resolution/Approving Purchase of Overhead Electric Easements Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
APPROVING P URCHASES OF OVERHEAD ELECTRIC
EASEMENTS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City of Santa Clara, a chartered city and municipal corporation acting by and through its municipally owned utility, Silicon Valley Power (“City” or “SVP”), is constructing approximately 0.6 miles of new single circuit 60 Kilovolt overhead transmission lines within the eastern area of the City of Santa Clara for the Memorex Junction Transmission Line Extension Project (“Project”). One of the objectives of the Project is to provide service to the new Memorex Junction Substation for the Memorex Data Center Project and other potential data centers or industrial developments within the vicinity; and
WHEREAS, the Project will involve the placement of multiple new monopole steel structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new easements; and
WHEREAS, the Project was analyzed in accordance with the requirements of the California Environmental Quality Act (CEQA). This Project was analyzed in the Final Environmental Impact Report for the Memorex Data Center Project, which was adopted by Council on November 9, 2021, by Resolution No. 21-9017; and
WHEREAS, consistent with City Council authority the City negotiated Easements with owners of certain parcels required to construct the Project and the City has reached agreements with the 3 property owners to purchase easements necessary for the Project, upon the terms set forth below.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the purchase of the easements from the following 3 property owners for the negotiated purchase prices are approved.
Resolution/Approving Purchase of Overhead Electric Easements Page 2 of 2 Rev: 11/22/17
Address Grantors APN Purchase Price
2191 Ronald Street Richard G Rossi 224-67-023 $50,000 2122 Ronald Street JB Manufacturing, LLC 224-66-003 $15,000 2265 Lafayette Street 2265 Lafayette Street LLC 224-03-080 $44,000
2. That the City Manager, or his duly authorized designee, is hereby authorized and directed to execute a Purchase and Sale Agreement (Utility Easement) with each of the forgoing Grantors, which are attached to the Report to Council accompanying this Resolution and presented to the City Council on [date], in a form substantially the same as the Purchase and Sale Agreements (Utility Easements), attached hereto as Exhibits A, B and C and incorporated herein by this reference.
3. The City Manager is authorized, on behalf of the City of Santa Clara, to accept the utility easement deeds and any real property interests to be conveyed to the City of Santa Clara in substantially the form contained in Exhibits A, B and C.
4. 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. RTC 22-1019
2. Agreement for Purchase and Sale - 2191 Ronald Street [APN 224-63-023]
3. Agreement for Purchase and Sale - 2122 Ronald Street [APN 224-66-003]
4. Agreement for Purchase and Sale - 2265 Lafayette Street [APN 224-03-080] I I
-- -
-- -
SCLA-56598\2322245.1 1
AGREEMENT FOR PURCHASE AND SALE
(UTILITY EASEMENT)
THIS AGREEMENT FOR PURCHASE AND SALE (“Agreement”) is made and entered into as of ___________ __, 20__ (the “Effective Date”) by and between CITY OF SANTA CLARA (“Grantee” or “City”) and Richard G Rossi as trustee of the Rossi Survivor’s Trust (“Grantor) with regard to the purchase and sale of certain property interests, upon the terms and conditions set forth herein.
RECITALS
WHEREAS, The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), plans to construct approximately 0.6 miles of new 60 kilovolt (kV) overhead transmission line along Shulman Avenue, Memorex Drive, Ronald Street, Di Giulio Avenue and Lafayette Street within the northwestern area of the City of Santa Clara. SVP’s primary objective of the Memorex Loop Project (“Project”) is to increase system capacity and reliability.
WHEREAS, the Project will involve the placement of multiple new monopole steel structures and/or replace existing wood pole structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new easements.
WHEREAS, Grantee wishes to acquire from Grantor, and Grantor wishes to sell to Grantee certain property rights, as more particularly described in Exhibit A (the “Easement”) for the Project upon the terms and conditions set forth herein.
WHEREAS, Grantee wishes to acquire from Grantor, and Grantor wishes to sell to Grantee certain property rights, as more particularly described in Exhibit A (the “Easement”) for the Project upon the terms and conditions set forth herein.
WHEREAS, Grantor and Grantee recognize that the sale of the Easement is subject to approval of the Santa Clara City Council and that this Agreement shall have no force or effect unless and until said City Council approval has been obtained, which approval shall be obtained before execution of the Agreement by Grantee.
NOW THEREFORE, in consideration of the mutual covenants and promises of the parties, the parties hereto agree as follows:
ARTICLE 1
PURCHASE
1.1. The Easement. Grantor is the fee ow ner of certain real property commonly known as 2191 Ronald St., APN: 224-67-023 located in the City of Santa Clara, California over which the Easement will cross.
1.2. Sale and Conveyance. Grantor shall sell to Grantee and Grantee shall purchase from Grantor, all of the terms and conditions set forth in Articles 2 and 3 hereof, the Easement. ,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- SCLA-56598\2322245.1 2
ARTICLE 2
PURCHASE PRICE
2.1. Purchase Price . The purchase price (“Purchase Price”) for the Easement shall be Fifty Thousand and no/100 Dollars ($50,000.00).
2.2. Payment of Purchase Price. The purcha se price shall be payable all in cash upon close of Escrow (as defined below) in accordance with Section 4.2.
ARTICLE 3
CONDITIONS TO PURCHASE AND SALE
3.1. Conditions Precedent to Purchase and Sale. The obligation of Grantee to purchase and Grantor to sell the Easement is expressly conditioned upon the satisfaction, prior to closing, of each of the conditions set forth in this Section 3.1 (the “Conditions Precedent”).
3.1.1 Title. Grantee has obtained a prel iminary title report dated April 12, 2022, from First American Title Company (the “Title Report”). Grantee acknowledges and agrees that all exceptions are approved by Grantee (the “Approved Exceptions”).
3.1.2 Execution of Overhead Electric Ease ment Deed. Grantor shall be ready, willing and able to convey title to the Easement by Overhead Electric Easement Deed to Grantee in the form of Exhibit B attached hereto (the “Easement Deed”) subject only to the Approved Exceptions.
3.1.3 Deposit of Grant Deed. Grantor shall have deposited into Escrow (as defined below) the Overhead Electric Easement Deed as provided for in Section 4.1.1, conveying title to the Easement (subject to the Approved Exceptions) to the Grantee.
3.1.4 Title Insurance. The Title Compan y shall be prepared to issue an ALTA Standard Owner Policy of Title Insurance in the amount of the purchase price insuring title to the Easement vested in Grantee subject only to the Approved Exceptions (the “Title Policy”).
3.1.5 Certificate of Acceptance. Grante e has obtained a resolution of the City Council of the City of Santa Clara authorizing recordation of the Overhead Electric Easement Deed and has deposited a properly executed Certificate of Acceptance into Escrow.
3.1.6 No Breach. There s hall be no material breach of any of Grantor’s representations, warranties, or covenants set forth in Article 5.
3.1.7 Documentary Deposit. Grantor and Grantee shall have each deposited into Escrow all materials required to be deposited under Article 4.
3.2. Grantee ’s Remedies.
3.2.1 Conditions Precedent. If any of the foregoing Conditions Precedent which inure to the benefit of Grantee are not satisfied, Grantee shall have the right either to waive the condition in question and proceed with the purchase of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any money deposited into Escrow by Grantee shall be returned to Grantee, and thereafter neither ,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- SCLA-56598\2322245.1 3
party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.
3.2.2 Default. If Grantor fails to perform any of its obligations or is otherwise in default under this Agreement, Grantee shall have the right to give notice to Grantor specifically setting forth the nature of said failure and stating that Grantor shall have a period of ten (10) calendar days to cure such failure. If Grantor has not cured such failure within such period (or, if such failure is not capable of being cured within ten (10) calendar days, Grantor either has not commenced in good faith the curing of such failure within such period or does not diligently thereafter complete such cure prior to the Closing Date, as may be extended under the terms of this Agreement), Grantee’s sole and exclusive remedy shall be one of the following:
(a) Waiver. Waive such failure and proceed to the Closing pursuant to all of the other terms of this Agreement; or
(b) Terminate. Grantee may terminate this Agreement by notice to Grantor and Escrow Agent to that effect. Nothing herein shall be deemed a waiver by Grantor of its right or ability to exercise its power of eminent domain to acquire the Easement after a termination of this Agreement.
3.3. Grantor ’s Remedies. If any of the foregoing Conditions Precedent which inure to the benefit of Grantor are not satisfied, Grantor shall have the right to either waive the condition in question and proceed with the sale of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any amounts deposited into Escrow shall be returned to Grantee, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.
ARTICLE 4
CLOSING AND ESCROW
4.1. Deposits into Escrow. Grantee has established an escrow (the “Escrow”) with First American Title, 1850 Mt. Diablo Blvd., Suite 530, Walnut Creek, CA 94596. Attn.: Roni Sloan Loftin, telephone: (925) 927-2127 (the “Escrow Agent”). A copy of this Agreement, duly executed by both parties, shall be deposited therein within five (5) business days after the Effective Date. Subject to Section 4.2.2 below, this Agreement shall serve as escrow instructions to Escrow Agent, as escrow holder, for consummation of the purchase and sale contemplated hereby. Prior to or on the Closing Date, the Parties shall deposit the following into the Escrow:
4.1.1 Grantor. Grantor shall deposit the following into Escrow:
(a) The Overhead Electric Easement Deed, fully executed and suitable for recordation;
(b) If required by the Escrow Agent, a FIRPTA Affidavit stating Grantor’s U.S. taxpayer identification number and that the Grantor is a “United States person” as defined by Internal Revenue Code sections 1445(f)(3) and 7701(b); and ,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- SCLA-56598\2322245.1 4
(c) Such other documents and instruments as may be required by other provisions of this Agreement or may be reasonably required by Escrow Agent or otherwise to carry out the terms and intent of this Agreement.
4.1.2 Grantee. Grantee shall deposit the following into Escrow:
(a) Cash or immediately availabl e funds in the amount of the Purchase Price together with such additional cash in the amount necessary to pay Grantee’s share of closing costs and prorations, as hereinafter set forth; (b) An executed Certificate of Acceptance; and
(c) Such other documents and instruments as may be required by any other provision of this Agreement or as may reasonably be required by Escrow Agent or otherwise to carry out the term and intent of this Agreement.
4.2. Close of Escrow.
4.2.1 Closing Date. Escrow shall cl ose on or before the thirtieth (30th) day following execution of this Agreement by Grantee or upon such other date as is mutually agreed upon by Grantee and Grantor (the “Closing Date”).
4.2.2 Closing of Escrow. When the Conditions Precedent listed in Section 3.1 have been satisfied or waived by Grantee and Grantor and Escrow Agent has received all necessary cash and documents and is in a position to issue the Title Policy, as provided in Section 3.1.4, Escrow Agent shall immediately close Escrow as provided below (the “Closing”).
The parties to this Agreement shall cooperate with each other and the Escrow Agent in preparing and executing such further documents (including further escrow instructions) as may be reasonably necessary to close Escrow as contemplated by this Agreement; provided however, that in the event of any conflict between the provisions of this Agreement and any such further documents or escrow instructions, the terms of this Agreement shall control.
4.2.3 Procedure. Escrow Agent shall close Escrow as follows:
4.2.3.1 Record Deed. Date and reco rd the Overhead Electric Easement Deed in the Official Records of Santa Clara County.
4.2.3.2 Deliver Copies of Deed. Deliver one (1) certified copy of the recorded Deed to Grantee.
4.2.3.3 Pay to Grantor. Pay to Grantor the funds in Escrow equal to the Purchase Price, reduced only by the Grantor’s share of closing costs and prorations, as hereinafter set forth in Section 4.2.4 below.
4.2.3.4 Deliver Title Policy. Deliver the Title Policy to Grantee.
4.2.3.5 Closing Statement. Prepare and deliver to Grantee and Grantor one signed copy of the Escrow Agent’s closing statement showing all receipts and disbursements of the Escrow.
4.2.4 Closing Costs and Prorations.
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- SCLA-56598\2322245.1 5
4.2.4.1 Closing Costs. Grantee and Grantor shall each pay its own attorney’s fees in connection with negotiating this Agreement and closing the Escrow. Grantee shall pay recording costs, if any, Escrow fees, the title insurance premium, and any documentary transfer taxes.
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
5.1. Grantor ’s Representations and Warranties. Grantor represents and warrants to Grantee that the following matters are true and correct in all material respects as of the execution of this Agreement and will also be true and correct in all material respects as of the Closing:
5.1.1 Organization Authority. Richard G Rossi as trustee of the Rossi Survivor’s Trust is a trust, duly organized, validly existing and in good standing under the laws of the State of California and has the full power and authority to execute and deliver this Agreement and all documents now or hereinafter to be executed and delivered by it pursuant to this Agreement and to perform all obligations arising under this Agreement and such performance does not conflict with any obligations of the Grantor. The individuals executing this Agreement and the instruments referred to herein on behalf of Grantor, have the legal power, rights and actual authority to bind Grantor to the terms and conditions hereof and thereof;
5.1.2 No Violation of Agreement; Litigati on. Neither the execution, delivery or performance of this Agreement by Grantor will result in the breach of any terms, conditions or provisions of, or conflict with or constitute a default under the terms of any indenture, deed to secure debt, mortgage, deed of trust, note, evidence of indebtedness or any other agreement or instrument by which Grantor or the Easement is bound. Grantor has no knowledge of any pending or threatened litigation, actions, applications, orders, protests, proceedings, or complaints against or affecting title to the Easement or Grantor’s interest therein;
5.1.3 Compliance with Laws. Grantor ha s received no written notice alleging violations of any federal, state or municipal laws or ordinances with regard to any portion of the Easement;
5.1.4 Existing Lease. There are no contra cts or agreements with respect to the occupancy of the Easement which will be binding upon Grantee after Closing; and
5.1.5 Grantor Not a Foreign Person. Grantor is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended.
ARTICLE 6
GENERAL PROVISIONS
6.1. Approval of City Council. Grantor and Grantee recognize that as of the execution of this Agreement by Grantor, this Agreement is subject to approval of the City Council of the City of Santa Clara and that this Agreement shall have no force or effect unless and until said City Council’s approval has been obtained, but such approval shall be obtained before execution of this Agreement by Grantee.
6.2. Construction of Project. Grantee will require its overhead transmission line contractor for the Project to undertake any drilling work within the Easement on Grantor’s ,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- SCLA-56598\2322245.1 6
property only on weekends. Grantee will provide Grantor with both the initial Project schedule for the drilling within the Easement and any updates to that schedule regarding drilling within the Easement. Grantee agrees that it shall require its contractor to restore any damages it causes to the Easment area, including asphalt and concrete. Once the pole is set in the Easement, the contractor will return the landscaping as close to its pre-construction appearance as possible, with the acknowledgment that there will then be a steel pole with a subsurface concrete foundation in it.
6.3. Binding on Successors. The terms, cove nants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.
6.4. Entire Agreement. This Agreement including all exhibits hereto contains all of the covenants, conditions, and agreements between the parties and shall supersede all prior correspondence, agreements, and understandings both verbal and written. No addition or modification of any term or provision shall be effective unless set forth in writing and signed by both Grantor and Grantee.
6.5. Brokers’ Fees. Grantor and Grantee each represent and warrant to the other that, there are no brokers’ fees or finders’ fees arising out of this transaction and each shall indemnify, defend, and hold the other harmless from any claim, loss, cost, damage or expense including, without limitation, attorneys’ and experts’ fees and costs and court costs arising out of or incurred in connection with any claim by any other broker, finder or other person or entity for any brokerage commission, finder’s fee or other amount in connection with any acts or dealings with such indemnifying party with any such broker, finder or other person or entity.
6.6. Attorney’s Fees. In the event either party to this Agreement institutes an action to interpret or enforce the terms hereof, or to obtain money damages, the prevailing party, as determined by the court (whether at trial or upon appeal) shall be entitled to recover from the other, in addition to costs and judgment as awarded by the court, its attorney’s fees incurred therein. The prevailing party shall include, without limitation, a party who dismisses an action or proceeding for recovery hereunder in exchange for consideration substantially equal to the relief sought in the action or proceeding. In no event shall an attorney’s fee award exceed $5,000, whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions.
6.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
6.8. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience and shall not limit or expand the provisions of this Agreement.
6.9. Time. Time is of essence of every prov ision herein contained in this Agreement.
6.10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all counterparts shall constitute one agreement.
6.11. Survival. The terms, covenants and co nditions of Articles 5, 6, and 7 shall remain true and correct as of the Closing Date, shall be deemed to be material and shall survive the execution and delivery of this Agreement, the delivery of the Grant Deed, and transfer of title.
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- SCLA-56598\2322245.1 7
6.12. Notices. All notices, requests or other communications required or permitted to be given in connection with this Agreement shall be in writing and shall be personally delivered (with prompt confirmation by registered or certified mail, postage prepaid), or by commercial courier service, or by registered or certified mail, postage pre-paid, addressed to the party whom it is directed at the following addresses, or at such other addresses as may be designated by notice from such party in the manner provided herein:
To Grantor: Richard G Rossi, Trustee
Attention: Richard G Rossi
14046 Apricot Hill
Saratoga, CA 95070
Telephone: 408-727-0185
To Grantee: City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Manager
Telephone: 408-615-2210
With a copy to: City of Santa Clara City Attorney’s Office 1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Attorney
Telephone: (408) 615-2230
Notices which are delivered by hand shall be deemed received upon delivery; notices which are deposited in the United States Mail in accordance with the terms of this Section shall be deemed received three (3) days after the date of mailing and notices delivered by commercial courier service shall be deemed received the date of actual delivery. The foregoing addresses may be changed by notice to the other party as herein provided.
IN WITNESS WHEREOF, the parties hereto have executed one (1) or more copies of this Agreement, on the date(s) set forth below, effective as of the day and year first above written (“Effective Date”).
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- SCLA-56598\2322245.1 8
GRANTOR
Richard G Rossi as trustee
of the Rossi Survivor’s Trust,
a California trust
By:
Title:
Date:
GRANTEE
City of Santa Clara,
a municipal corporation
By:
Title:
Date:
APPROVED AS TO FORM
Office of the City Attorney
City of Santa Clara
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'-
SCLA-56598\2322245.1 9
EXHIBIT A
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- DESCRIPTION:
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
ROSSI SURVIVOR'S TRUST
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN : 224-67-023
EASEMENT AREA : 1,520 SQ. FT. ±
SVP REF: SC
That portion of the parcel of land conveyed in that certain Trust Transfer Deed recorded January 27, 2012 as Document No. 21515367, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline Intersectio n of Ronald Street and Memorex Drive, thence South 0°42'57" West 212.36 feet along the centerline of said Ronald Street (as shown on Page 2 of this Exhibit); thence South 89°17'03" East 30.00 feet to the easterly right-of-way of said Ronald Street and the Southwesterly corner of said Grantor's Parcel; thence North 0"42'57" East 37.59 feet along said easterly right-of-way to the POINT OF BEGINNING; thence North 0°42'57" East 109.00 feet continu ing along said easterly right-of-way to the beginning of a curve concave southeasterly having a radius of 30.00 feet; thence northeasterly 48 .28 feet along said curved right-of-way, through a central angle of 92°12'55" to the southerly right-of-way of Memorex Drive; thence South 63"14'01" West 8.32 feet; thence South 10"41 '47" West 137.22 feet to the POINT OF BEGINNING.
CONTAINING: 1,520 sq. ft., more or less.
HHHICAl
com11un INt
SALT LAKE CITY, UTAH
ROSSI SURVIVOR'S TRUST
APN: 224-67-023
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
._S1L1CON
,.- VALLEY
POWER.
CIT'f OF $AliltA Cl.AAA
SHEET: 1 of2
SCLA-56598\2322245.1 10
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
ROSSI SURVIVOR'S TRUST
2191 RONALD STREET
SANT A CLARA, CALIFORNIA 95050
APN: 224-67-023
EASEMENT AREA: 1,520 SQ. FT. ±
SVP REF: SC
LEGEND
MEMOREX DRIVE 17ZZZZVZ21 EASEMENT AREA = 1,520 SQ. FT. ± -- - --- ROADWAY PLATTED CENTERLINE
1---p ---POWERLI NE REFERENCE LINE
CL MON_,,/ -~ ~ FOUND SURVEY MONUMENT
RONALD STREET
MEMOREX DRIVE R==30.00' L=48.28'
_g
C:
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io
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ti (0
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a: ~ !!:!
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en !!"l ~
9 ~ ('.j
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&
0 .!{l
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a.
I &J POB
I / w-~!!:!
lO I:::,
~ en 0 iq
0 r,...
ROSSI SURVIVOR'S
TRUST
APN: 224•&7•023
S 89°17'03" E -u
30.00' (TIE)
I I-·· -
CL MON-.._, ;1
--3..1-l"l ____________ ___,
RONALD STREET ~
lHIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCA.TION OF ALL S1RUCTURES, LINES ANO APPURTENANCES IS Sl.leJECT TO CHANGE WllHIN THE BOUNDARIES OF lHE RIGHT OF WAY HEREIN GRANTED COllllTANIL INC
SALT LAKE CITY, UTAH
Woocll O'ea. UT 84<11'7 (801) 212-"64
SCALE: 1' = 40'
ROSSI SURVIVOR'S TRUST
APN: 224-67-023
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
Jai..._51LICON
9 VALLEY
POWER.
CITY OF 5AHTA Cl.AM.
SHEET: 2of2
SCLA-56598\2322245.1 11
EXHIBIT B
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
[SPACE ABOVE THIS LINE FOR RECORDER 'S USE]
EXEM PT FROM RE CORDING FEE
PER GOV 'T CODE§§ 6103 and 27383
EXEMPT FROM FEE
PER GOV 'T CODE§ 27388. J (a)(2)(D)
OVERHEAD ELECTRIC EASEMENT DEED
2191 Ronald Street, & APN 224-67-023
Santa Clara, Califo1nia
For valuable consideration , the receipt of which is hereby acknowledged, Richard G Rossi as trustee of the Rossi Survivor's Trust (herein "Grantor "), hereby grants to the CITY OF SANTA CLARA , California, a chartered municipal corporation, (herein "Grantee "), an easement and right-of-way (herein "Easement ") in, on, over, along and across the real propetty owned by Grantor in the City of Santa Clara, State of California, described in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area ").
This Easement shall be used by Grantee for the purpose of constructing and reconstructing , installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission , distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of Grantor. ln exercising said right of ingress and egress, Grantee shall, wherever practical, use existing roads and lanes across lands of Grantor, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Grantor and any occupants of Grantor 's prope1ty.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the Grantor for driveway(s), landscaping (excluding trees) , and parking , as will not inte1fere with the Grantee 's use of the Easement. Any other use of the Easement Area by Grantor shall be subject to Grantee's express written consent and only after Grantee 's review of plans and specifications and detennination that such use will not interfere with its use of the Easement. Grantee may trim any trees or remove any tree or structure which is in or adjacent to the Easement Area which, in its reasonable determination, interferes with its use of the Easement. Grantee may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 Feet or poses a risk of falling onto the Grantee's facilities or equipment located within the Easement. [SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE]
224-697-023
SCLA-56598\2322245.1 12
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- IN WITNESS WHEREOF, said grantors have hereunto set their hands this ___ day of --------~ 20
APPROVED FOR FORM :
Office of the City Attorney
City of Santa Clara
By:--------------
Print Name: ______________ _
Title: _______________ _
By: --------------
Print Name: ______________ _
Title: _______________ _
"OWNER" APN 224-67-023 (2022-05)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE THIS DOCUMENT. IF GRANTOR IS A CORPORATION, 1HE COMPLETE LEGAL NAME AND CORPORATE SEAL OF 1HE CORPORATION AND CORPORATE TITLES OF 1HE PERSONS SIGNING FOR 1HE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AU1HORITY OF PERSON OR PERSONS EXECUTING IBIS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY O1HER ORGANIZATION O1HER THAN A SOLE PROPRIETORSHIP SHALL BE ATTACHED.
ATTACH THE ALL-PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING TI-ITS DOCUMENT ON BEHALF OF THE GRANTOR.
224-697-023
SCLA-56598\2322245.1 13
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'-
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attach ed, and not the truthfuln ess,
accuracy, or validity of that document.
State of California
County of _____ _
On _______ before me, ________ (name and title of officer), personally appeared ________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______ _ (Seal)
SCLA-56598\2322245.1 14
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- DESCRIPTION:
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
ROSSI SURVIVOR'S TRUST
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-67-023
EASEMENT AREA: 1,520 SQ. FT.±
SVP REF: SC
That portion of the parcel of land conveyed in that certain Trust Transfer Deed recorded January 27, 2012 as Document No. 21515367, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Ronald Street and Memorex Drive, thence South 0°42'57" West 212.36 feet along the centerline of said Ronald Street (as shown on Page 2 of this Exhibit); thence South 89°17'03" East 30.00 feet to the easterly right-of-way of said Ronald Street and the Southwesterly corner of said Grantor's Parcel; thence North 0°42'57" East 37.59 feet along said easterly right-of-way to the POINT OF BEGINNING; thence North 0°42'57" East 109.00 feet continuing along said easterly right-of-way to the beginning of a curve concave southeasterly having a radius of 30.00 feet; thence northeasterly 48 .28 feet along said curved right-of-way, through a central angle of 92°12'55" to the southerly right-of-way of Memorex Drive; thence South 63°14'01" West 8.32 feet; thence South 10°41'47" West 137.22 feet to the POINT OF BEGINNING.
CONTAINING: 1,520 sq. ft., more or less.
HHUICAl tom11ua INt
SALT LAKE CITY, UTAH
ROSSI SURVIVOR'S TRUST
APN: 224-67-023
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
JA,,.SILJCON
.. VALLEY
POWER.
CITY OF SANtA Cl.AM
SHEET: 1 of2
SCLA-56598\2322245.1 15
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'- SCAl E FEET
p= ~~
EXHIBIT 11A11
OVERHEAD ELECTRIC EASEMENT ACROSS:
ROSSI SURVIVOR'S TRUST
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-67-023
EASEMENT AREA : 1,520 SQ. FT. ±
SVP REF: SC
LEGEND
MEMOREX DRIVE IVZZV2221 EASEMENT AREA ~ 1,520 SQ. FT.:!:
-- - --ROADWAY PLATTED CENTERLINE
1---P---POWERLI NE REFERENCE LINE
-M CLMON_/
RONALD STREET
1,- FOUND SURVEY MONUMENT
MEMOREX DRIVE R=30.00' L=48.28'
.!/l
(I)
Q.
I
8j POB
I /
S 89°17'03" E {t
30.00' (TIE)
I 1-
CLMON-.., ~]
RONALD STREET -1,
w~ • w ..... -
~c
'q" er,
D ll)
0 .
0 .....
z I')
ROSSI SURVIVOR'S
TRUST
APN: 224•&7•023
lHIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. lHE EXAITT LOCATION OF AI.LSTRI/CTURES, UNES AND APPURTENANCES IS SUBJECT TO CHANGE wtTIHIN THE BOUNOARIES OF lHE RIGlff OF WAY HEREIN GRANTEID CONlllfUIL INt
SALT LAKE CITY, UTAH
SCALE: 1" = 40'
ROSSI SURVIVOR'S TRUST
APN: 224-67-023
2191 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
A.._SILICON
. VALLEY
POWER.
C.JTV OF SANTA CLAM
SHEET:2of2
SCLA-56598\2322245.1 16
,608/325Ā-5914671Ā.,(Ā&& *&+#,Ȁ*,**Ȁ#%%$Ȁ)-)&Ȁ& !"#*-",#'-
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the of _______ 20_, from Richard G Rossi as trustee of the Rossi Survivor's Trust (Grantor) to the City of Santa Clara, California, a chartered California municipal corporation (City), is hereby accepted by the undersigned officer on behalf of the City Council of the City pursuant to authority conferred by Resolution No. 5600 of the City Council of the City of Santa Clara adopted on the 28 day of May, 1991, and the Resolution Approving Purchase of Overhead Electric Easement, Resolution No. _____ adopted on , 20_. The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara.
Re: APN 224-67-023
APPROVED AS TO FORM:
Office of the City Attorney
City of Santa Clara
Dated : This __ day of ____ , 20_
Office of the City Manager
City of Santa Clara
ATTEST : ________ _
Office of the City Clerk
City of Santa Clara
SCLA-56598\2322245.1 1
AGREEMENT FOR PURCHASE AND SALE
(UTILITY EASEMENT)
THIS AGREEMENT FOR PURCHASE AND SALE (this “Agreement”) is made and entered into by and between CITY OF SANTA CLARA (“Grantee” or “City”) and JB MANUFACTURING, LLC, a California limited liability company (“Grantor”) with regard to the purchase and sale of certain property interests, upon the terms and conditions set forth herein.
Grantee and Grantor are referred to collectively herein as the “Parties” and individually as a “Party.”
RECITALS
WHEREAS, the City of Santa Clara’s Electric Utility, Silicon Valley Power (“SVP”), plans to construct approximately 0.6 miles of new 60 kilovolt (kV) overhead transmission line (hereafter, the “Project”) along Shulman Avenue, Memorex Drive, Ronald Street, Di Giulio Avenue and Lafayette Street within the northwestern area of the City of Santa Clara. SVP’s primary objective for the Project is to increase system capacity and reliability.
WHEREAS, the Project will involve the placement of multiple new monopole steel structures and/or replace existing wood pole structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new electric overhead and wire clearance easements.
WHEREAS, to construct and maintain a portion of the Project, Grantee needs to acquire from Grantor certain easement rights, which Grantee has the power to acquire through the exercise of its power of eminent domain.
WHEREAS, to avoid the necessity of an eminent domain proceeding, and to facilitate the construction and maintenance of a portion of the Project, Grantee wishes to acquire from Grantor, and Grantor wishes to sell to Grantee, certain easement rights (hereafter, the “Easement”) as more particularly described in the form of Overhead Electric Easement Deed attached hereto as Exhibit “I”, upon the terms and conditions set forth herein.
WHEREAS, Grantor and Grantee recognize that the purchase of the Easement is subject to approval of the City Council of the City of Santa Clara (hereafter, the “City Council”) and that this Agreement shall have no force or effect unless and until said City Council approval has been obtained, which approval shall be obtained before execution of this Agreement by Grantee.
NOW THEREFORE, in consideration of the mutual covenants and promises of the parties, the parties hereto agree as follows:
ARTICLE 1
PURCHASE
1.1. The Easement. Grantor is the fee owner of certain real property commonly known as 2122 Ronald Street, Santa Clara, CA 95050, APN:224-66-003, located in the City of Santa Clara, California, over which property the Easement will cross. *5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ SCLA-56598\2322245.1 2
1.2. Sale and Conveyance. Grantor shall sell to Grantee and Grantee shall purchase from Grantor, subject to all of the terms and conditions hereof, the Easement.
1.3. Effective Date. This Agreement shall become effective on the date this Agreement is counter-executed by Grantee (the “Effective Date”); provided, however, that Grantee shall deliver a copy of such counter-executed Agreement to Grantor within three days of such date.
1.4. Title. Grantee has obtained from First American Title Company (the “Title Company”) a preliminary title report dated March 22, 2022 (hereafter, the “Title Report”), and Grantee shall promptly deliver to Grantor a true, correct and complete copy of the Title Report. Grantee irrevocably acknowledges and agrees that all exceptions listed or contained in the Title Report (collectively, the “Approved Exceptions”) have been and are approved by Grantee.
ARTICLE 2
PURCHASE PRICE
2.1. Purchase Price. The purchase price for the Easement shall be Fifteen Thousand and no/100 Dollars ($15,000.00) (the “Purchase Price”).
2.2. Payment of Purchase Price. The Purchase Price shall be payable in full in cash upon close of Escrow (as defined below) in accordance with Section 4.3.
ARTICLE 3
CONDITIONS TO PURCHASE AND SALE
3.1. General Conditions Precedent to Purchase and Sale. The obligation of Grantee to purchase the Easement, and the obligation of Grantor to sell the Easement, are each expressly conditioned upon the satisfaction, at or prior to closing, of the following condition set forth in this Section 3.1.
3.1.1 Approval by City Council. The City Council shall have passed a resolution authorizing the purchase of the Easement and the recordation of the Easement Deed.
3.2 Grantee’s Conditions Precedent to Closing. The obligations of Grantee to consummate the Closing herein provided for shall be subject to the following conditions precedent, any one or more of which may be waived by Grantee:
3.2.1 Title Insurance. The Title Company shall be prepared to issue an ALTA Standard Owner’s Policy of Title Insurance in the amount of the Purchase Price insuring title to the Easement vested in Grantee, subject only to the Approved Exceptions (the “Title Policy”).
3.2.2 Deposit of Overhead Electric Easement Deed. Grantor shall have deposited into Escrow (as defined below) an Overhead Electric Easement Deed in the form of Exhibit “B” attached hereto (the “Easement Deed”), fully executed and in recordable form, conveying title to the Easement (subject to the Approved Exceptions) to Grantee.
3.2.3 No Breach. At and as of the Closing (as defined in Section 4.3.2), there shall be no material breach of any of Grantor’s representations, warranties, or covenants set forth in Article 5.
*5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ SCLA-56598\2322245.1 3
3.2.4 Delivery of Documents. All documents and instruments required to be delivered by Grantor at or prior to the Closing shall have been delivered or shall be tendered at the Closing.
3.3. Grantor’s Condition Precedent to Closing. The obligations of Grantor to consum- mate the Closing herein provided for shall be subject to the following condition precedent, which may be waived by Grantor:
3.3.1. Delivery of Title Report, Funds and Documents. Grantee shall have delivered to Grantor or Grantor’s attorney a true, correct and complete copy of the Title Report at or before the tenth (10th) day following the Effective Date, and all funds, as well as all documents and instruments, required to be delivered by Grantee at or prior to the Closing shall have been delivered or shall be tendered at the Closing.
3.4. Grantee’s Remedies.
3.4.1 Conditions Precedent. If any one or more of the conditions precedent listed in Section 3.2 is not satisfied, Grantee shall have the right either to waive the condition in question and proceed with the purchase of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement by delivering to Grantor written notice of such termination specifying the reason therefor. Upon such termination, any money deposited into Escrow by Grantee shall be distributed as follows: first to Escrow Holder in an amount equal to Escrow Holder’s fees and charges, if any, with respect to the Escrow, with the remainder returned to Grantee; and thereafter neither Party shall have any further rights, obligations or liabilities hereunder except to the extent, if any, that any such right, obligation or liability set forth herein expressly survives termination of this Agreement.
3.4.2 Default. If Grantor fails to perform any of its obligations or is otherwise in default under this Agreement, Grantee shall have the right to give written notice to Grantor specifically setting forth the nature of said failure or default and stating that Grantor shall have a period of ten (10) calendar days to cure such failure or default. If Grantor has not cured such failure or default within such period (or, if such failure or default is not capable of being cured within ten (10) calendar days, Grantor either has not commenced such cure in good faith within such period or does not diligently thereafter complete such cure within thirty (30) days), Grantee’s sole and exclusive remedy shall be one of the following:
(a) Waiver. Waive such failure and proceed to the Closing pursuant to all of the other terms of this Agreement; or
(b) Terminate. Grantee may terminate this Agreement by delivering written notice to Grantor and Escrow Holder to that effect, in which event any money deposited into Escrow by Grantee shall be distributed in the manner set forth in Section 3.4.1 above.
Nothing herein shall be deemed a waiver by Grantor of its right or ability to exercise its power of eminent domain to acquire the Easement after a termination of this Agreement.
3.5. Grantor’s Remedies.
3.5.1. For Failure to Deliver Documents. If all documents and instruments identified or referred to in Section 3.3.1 are not delivered or tendered by Grantee at or prior to the Closing, Grantor shall have the right either to waive the delivery in question and proceed *5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ SCLA-56598\2322245.1 4
with the sale of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement by delivering to Grantee written notice of such termination specifying the reason therefor. Upon such termination, any money deposited into Escrow by Grantee shall be distributed as follows: (a) first to Escrow Holder, in an amount equal to Escrow Holder’s fees and charges, if any, with respect to the Escrow, (b) next to Grantor, in an amount equal to the sum of all reasonable and documented notary fees, signing agent fees and courier or delivery costs incurred by Grantor in connection with Grantor’s execution, acknowledgement and delivery of the Easement Deed, and (c) the remaining balance shall be returned to Grantee; and thereafter neither Party shall have any further rights, obligations or liabilities hereunder except to the extent, if any, that any such right, obligation or liability set forth herein expressly survives termination of this Agreement.
3.5.2. For Failure to Deliver Funds. If Grantee fails to deliver at or prior to the Closing all funds required to be delivered by Grantee at or prior to the Closing, Grantor shall have the right to give written notice to Grantee specifically setting forth the nature of said failure and stating that Grantee shall have an additional period of time, but not less than ten (10) calendar days, to cure such failure. If Grantee does not cure such failure within such period, Grantor may terminate this Agreement by delivering written notice to Grantee and Escrow Holder to that effect, in which event any money deposited into Escrow by Grantee shall be distributed in the manner set forth in Section 3.5.1 above.
ARTICLE 4
CLOSING AND ESCROW
4.1. Escrow Holder; Joint Escrow Instructions. Grantee has established an escrow (the “Escrow”) with First American Title, 1737 North First St., #110, San Jose, CA 95112 (the “Escrow Holder”), Escrow Officer Luisa Sosa, telephone: (408) 451-7996. A copy of this Agreement, duly executed by both Parties, shall be deposited therein by Grantee within five (5) business days after the Effective Date. The following provisions, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of the Parties to Escrow Holder, which Escrow Holder is to use along with any additional mutual instructions to close the escrow: Article 1, Article 2, Article 3, Article 4 and Article 6. The Parties will receive Escrow Holder’s general provisions, if any, directly from Escrow Holder, and will execute and deliver such general provisions within five (5) days after receipt thereof.
To the extent that such general provisions are inconsistent with or conflict with this Agreement, then (i) as to the duties and obligations of Escrow Holder only, the general provisions will control, and (ii) as to the rights and obligations of the Parties, this Agreement will control. The Parties will execute such additional instructions, documents and forms that may be provided by Escrow Holder and that are reasonably necessary to close the escrow; provided, however, that no such instruction, document or form shall alter any Party’s rights or obligations under this Agreement. Within three days after execution and delivery thereof, the Parties shall deliver to Escrow Holder a copy of any amendment, contract or other instrument that modifies or amends any of the provisions of this Agreement.
4.2 Escrow Deposits. Prior to or on the Closing Date, the Parties shall deposit the following into the Escrow:
4.2.1 Deliveries by Grantor. Grantor shall deposit the following into Escrow:
(a) The Easement Deed, fully executed and in recordable form; *5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ SCLA-56598\2322245.1 5
(b) If required by the Escrow Holder, a FIRPTA Affidavit stating Grantor’s U.S. taxpayer identification number and that the Grantor is a “United States person” as defined by Internal Revenue Code sections 1445(f)(3) and 7701(b); and (c) Such other documents and instruments as may be required by other provisions of this Agreement or as may be reasonably required by Escrow Holder or otherwise to carry out the terms and intent of this Agreement.
4.2.2 Deliveries by Grantee. Grantee shall deposit the following into Escrow:
(a) Cash or immediately available funds in the amount of the Closing Date Payment (as defined in Section 4.3.3.3 below) together with such additional cash or immediately available funds in the amount necessary to pay all closing costs and escrow fees and charges;
(b) A duly executed Certificate of Acceptance, substantially in the form of the Certificate of Acceptance attached hereto, certifying that the resolution required pursuant to Section 3.1.2 hereof has been duly adopted by the City Council; and (c) Such other documents and instruments as may be required by any other provision of this Agreement or as may reasonably be required by Escrow Holder or otherwise to carry out the term and intent of this Agreement.
4.3. Close of Escrow.
4.3.1 Closing Date. Escrow shall close on the thirtieth (30 th) day following the Effective Date or upon such other date as may be mutually agreed upon by Grantee and Grantor (the “Closing Date”).
4.3.2 Closing of Escrow. When the all of the Conditions Precedent listed in Article 3 have been satisfied or waived, and when Escrow Holder has received all necessary cash and documents and is in a position to issue the Title Policy as provided in Section 3.2.1, Escrow Holder shall immediately close Escrow as provided below (the “Closing”).
4.3.3 Procedure. Escrow Holder shall close Escrow as follows:
4.3.3.1 Record Deed. Date and record the Overhead Electric Easement Deed in the Official Records of Santa Clara County.
4.3.3.2 Deliver Copies of Deed. Deliver one (1) certified copy of the recorded Deed to Grantee.
4.3.3.3 Pay to Grantor. Pay to Grantor the funds in Escrow in an amount (hereafter, the “Closing Date Payment”) equal to the Purchase Price. Notwithstanding any provision herein to the contrary or in any other document, instrument or deliverable, ownership of and title to the Easement shall not transfer or pass to Grantee until the Closing Date Payment has been received in the account of Grantor by wire transfer of immediately available funds.
4.3.3.4 Deliver Title Policy. Deliver the Title Policy to Grantee. *5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ SCLA-56598\2322245.1 6
4.3.3.5 Closing Statement. Prepare and deliver to each of Grantee and Grantor a signed copy of the Escrow Holder’s closing statement showing all receipts and disbursements of the Escrow.
4.3.4 Closing Costs. Each Party shall each pay its own legal fees and other expenses incident to the negotiation and preparation of this Agreement, regardless of whether the transactions contemplated hereby are consummated. Grantee shall pay all closing costs and all costs and expenses of escrow, including without limitation the following: (a) all recording costs (if any), (b) all recording fees (if any), (c) all escrow fees and charges, (d) the title insurance premium, and (e) all transfer taxes (if any).
ARTICLE 5
REPRESENTATIONS AND WARRANTIES
5.1. Grantor’s Representations and Warranties. Grantor represents and warrants to Grantee that the following matters are true and correct in all material respects as of the execution of this Agreement and will also be true and correct in all material respects as of the Closing:
5.1.1 Organization Authority. Grantor is a California limited liability company, duly organized, validly existing and in good standing under the laws of the State of California and has the full power and authority to execute and deliver this Agreement and all documents now or hereinafter to be executed and delivered by it pursuant to this Agreement and to perform its obligations arising under this Agreement and such performance does not conflict with any obligations of the Grantor. The individual(s) executing this Agreement and the instruments referred to herein on behalf of Grantor, have the legal power, rights and actual authority to bind Grantor to the terms and conditions hereof and thereof;
5.1.2 No Violation of Agreement; Litigation. Neither the execution, delivery or performance of this Agreement by Grantor will result in the breach of any terms, conditions or provisions of, or conflict with or constitute a default under the terms of any indenture, deed to secure debt, mortgage, deed of trust, note, evidence of indebtedness or any other agreement or instrument by which Grantor or the Easement is bound. Grantor has no actual knowledge of any pending or threatened litigation, actions, applications, orders, protests, proceedings, or complaints against or affecting title to the Easement or Grantor’s interest therein;
5.1.3 Compliance with Laws. Grantor has received no written notice alleging violations of any federal, state or municipal laws or ordinances with regard to any portion of the Easement;
5.1.4 No Existing Lease. There are no contracts or agreements with respect to the occupancy of the Easement which will be binding upon Grantee after Closing; and
5.1.5 Grantor Not a Foreign Person. Grantor is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended.
ARTICLE 6
GENERAL PROVISIONS
6.1. Approval of City Council. Grantor and Grantee recognize that as of the execution of this Agreement by Grantor, this Agreement is subject to approval of the City *5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ SCLA-56598\2322245.1 7
Council and that this Agreement shall have no force or effect unless and until said City Council’s approval has been obtained, but such approval shall be obtained before execution of this Agreement by Grantee.
6.2. Binding on Successors. This Agreement is binding upon and inures to the benefit of the Parties hereto and their respective successors and assigns, except that no Party hereto may assign its rights hereunder without the prior written consent of the other Party. No assignment of all or any portion of this Agreement shall release or relieve the Parties hereto of any liability hereunder and such Parties shall remain primarily liable hereunder.
6.3. Entire Agreement. This Agreement, including all exhibits, contains the entire agreement and understanding between the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing signed by duly authorized representatives of the Party or Parties to be charged.
6.4. Brokers’ Fees. Grantor and Grantee each represent and warrant to the other that, there are no brokers’ fees or finders’ fees arising out of this transaction and each shall indemnify, defend, and hold the other harmless from any claim, loss, cost, damage or expense including, without limitation, attorneys’ and experts’ fees and costs and court costs arising out of or incurred in connection with any claim by any other broker, finder or other person or entity for any brokerage commission, finder’s fee or other amount in connection with any acts or dealings with such indemnifying party with any such broker, finder or other person or entity.
6.5. Attorney’s Fees. In the event either party to this Agreement institutes an action to interpret or enforce the terms hereof, or to obtain money damages, the prevailing party, as determined by the court (whether at trial or upon appeal) shall be entitled to recover from the other, in addition to costs and judgment as awarded by the court, its attorney’s fees incurred therein. The prevailing party shall include, without limitation, a party who dismisses an action or proceeding for recovery hereunder in exchange for consideration substantially equal to the relief sought in the action or proceeding. In no event shall an attorney’s fee award exceed $5,000, whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions.
6.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
6.7. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience and shall not limit or expand the provisions of this Agreement.
6.8. Time. Time is of essence of every provision herein contained in this Agreement.
6.9 Execution in Counterparts; Facsimile, PDF or Electronic Signatures. This Agreement may be executed by original, facsimile, PDF or electronic signatures, and in two or more counterparts, each of which shall be deemed an original, but all of which together shall *5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ SCLA-56598\2322245.1 8
constitute one and the same instrument. Facsimile, PDF or electronic signatures shall be treated as original signatures. This Agreement shall become binding when one or more counterparts hereof, individually or taken together, shall bear the signatures of all of the parties reflected hereon as the signatories.
6.10. Survival. The terms, covenants and conditions of Articles 5 and 6 shall remain true and correct as of the Closing Date, shall be deemed to be material and shall survive the execution and delivery of this Agreement, the delivery of the Easement Deed and the recordation thereof.
6.11. Notices. All notices, requests or other communications required or permitted to be given in connection with this Agreement shall be in writing and shall be personally delivered against receipt, or sent by commercial courier service, or by registered or certified mail, postage pre-paid, addressed to the party whom it is directed at the following addresses, or at such other addresses as may be designated by notice from such party in the manner provided herein:
To Grantor: JB Manufacturing, LLC
Attention: Barbara Plata
1875 Saint Marks Ct.
Morgan Hill, CA 95037
Telephone: 408-476-0247
with a copy, given in the
manner prescribed above, to: Nopar & Associates
530 Lytton Avenue, Suite 200
Palo Alto, California 943011541
Attn: Alan S. Nopar, Esq.
Telephone: 650-328-7300
To Grantee: City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Manager
Telephone: 408-615-2210
with a copy, given in the
manner prescribed above, to: City of Santa Clara City Attorney’s Office 1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Attorney
Telephone: (408) 615-2230
Notices which are delivered by personal delivery shall be deemed received upon delivery; notices which are deposited in the United States Mail in accordance with the terms of this Section shall be deemed received five (5) days after the date of mailing and notices delivered by commercial courier service shall be deemed received the date of actual delivery. The foregoing addresses may be changed by notice to the other party as herein provided. *5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ SCLA-56598\2322245.1 9
6.12. Further Assurances. Each of the parties hereto shall execute and deliver all such other instruments and take all such actions as any party may reasonably request from time to time in order to effectuate the purposes of this Agreement and the transactions provided for herein.
6.13. Provisions Severable. The prov isions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
6.14 Number of Days. In computing the number of days for purposes of this Agreement, all days shall be counted, including Saturdays, Sundays and holidays; provided, however, that if the final day of any time period falls on a Saturday, Sunday or holiday, then the final day shall be deemed to be the next day which is not a Saturday, Sunday or holiday.
[SIGNATURE PAGE FOLLOWS]
*5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ SCLA-56598\2322245.1 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective as of counter-execution by Grantee’s authorized signing official shown as follows:
GRANTOR
JB Manufacturing, LLC,
a California limited liability company
By:
Title:
Date: ________________________, 20___
GRANTEE
City of Santa Clara,
a municipal corporation
By:
Title:
Date of Grantee’s Counter-Signature
(Effective Date of Agreement):
__________________________, 20___
APPROVED AS TO FORM
Office of the City Attorney
City of Santa Clara
*5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+
SCLA-56598\2322245.1 11
EXHIBIT “I”
*5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
[SPACE ABOVE THIS LINE FOR RECORDER 'S USEJ
l!XEMl'r FROM RECORDIN G FEE
PER oov·T CODE§§ 6103 ,ndl7JSJ
£X£M PT FROM FEE
PER OOV'T CODB § 27388.J (,)(2)(0)
OVERHEAD ELECTRIC EASEMENT DEED
2122 Ronald Street & APN 224-66-003
Santa Clam, Califonlia
For valuable consideration, the receipt of which is hereby acknowledged, JB Manufactming, LLC, a California limited liability company, (herein "Grantor"), hereby grants to the CITY OF SANT A CLARA, California, a chartered municipal corporation, (herein "Grantee ''), an easement and right-of-way (herein "Easement ") in, on, over, along and across the real property owned by Grant or in the City of Santa Clara, State of California, described in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area").
This Easement shall be used by Grantee only for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of Grantor. In exercising said right of ingress and egress, Grantee shall, wherever practical, use existing roads and lanes across lands of Grantor, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Grantor and any occupants of Grantor's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
otwithstanding any other provision(s) hereof, Grantee may not dig any trench or hole in the Easement Area, and Grantee may not constmct, erect or install any pole(s), support(s), conductor(s), transformer(s), anchor(s), equipment, facility(ies) or other item(s) of any kind on or under the surface of the Easement Area_ lso notwithstanding any other provision(s) hereof, any part of the overhead syst m(s) which may b in the airspace above th Easement Area shall be at a minimum height of at least ighteen (18) feet.
The Easement Area may be used by the Grantor for driveway(s), landscaping (excludi_ng trees), signage, and parking, as will not i.ntetfere with the Grantee's use of the Easement. Any other use of the Easement Area by Grantor shall be subject to Grantee's express written consent and only after Grantee's review of plans and specifications and detennination that such use will not interfere with its use of the Easement. Grantee may trim any trees or remove any tree or structure which is in or adjacent to the Easement Area which, in its reasonable determination, Page l of 2 SC xx-xx
224- 66- 003
SCLA-56598\2322245.1 12
*5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ interferes with its use of the Easemen t. Grantee may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto any of the Gran tee's facilities or equipm ent that may be within the Easement Area. fN WIT ESS WHER EOF, said gmntors have hereunto set their hands this ___ day of --------~ 20 .
J8 MA UFACTUR ING, LLC
By :
Print ame:
APPROVED FOR FORM:
Title:
Office of the City Attorney
City of Santa Clara By:
Print ame:
Title:
"OWNER" AP 224-66-003 (2020-11)
ALL LEGAL OWNF.RS O F PROP ERTY MUST EXECUTE TH IS DOCUMENT. IF ORANTOR 1$ A CORPOR.ATlON, TI·IE
COMPLETE LEGAL NAME AND CORPORATE SEAL OF TIIE CORPORATION AND CORPORATE TITLES OF TIJE PERSONS SIGNING FOR TIIE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTIJORITY OF PERSON OR PERSONS EXECUTING TIIlS DOCUMENT ON BEHALF OF CORPORATION. PARTNERSHil', OR J OINT VENTURE, OR ANY OTIJER ORGANIZATION OTIJER THAN A SOLE PROPRIETORSHIP SHALL BE ATI ACHED.
ATTACH THE ALL-PURPOSE NOTARY ACKNOWLEDGMEN T FORM FOR THE PERSO OR PERSONS EXECUTING THIS OOCVM E TO I.IEitALF OF THE CRAN TOR.
224 - 66- 003
SCLA-56598\2322245.1 13
*5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies onJy the identity of the
individual who signed the document to which this
certificate is attached, and no! the truthfoln ss,
accuracy, or validity of that document.
State of California
County of _____ _
On _______ before me, ________ (name and title of officer), persona lly appeared ________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the forego ing paragraph is true and correct.
WITNESS my hand and officia l seal.
Signatu re ______ _ (Seal)
SCLA-56598\2322245.1 14
*5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ DESCRIPTION:
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
JB MANUFACTURING, LLC
2122 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-66-003
EASEMENT AREA: 200 SQ. FT.±
SVP REF: SC
That portion of the parcel of land conveyed tn that certain Grant Deed recorded May 23, 2012 as Document No. 21680622, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located at the centerline intersection of Ronald Street and Memorex Drive, thence South 00°42'57" West 409.99 feet along the centerline of said Ronald Street (as shown on Page 2 of this Exhibit); thence North 89°17'03" West 30.00 feet to the westerly right-of-way of said Ronald Street to the northeasterly corner of said Grantor's Parcel and the POINT OF BEGINNING; thence South 00°42'57" West 33.79 feet along said westerly right-of-way; thence North 18°34'36" West 35.83 feet to the northerly line of said Grantor's Parcel; thence South 89°09'59" East 11.84 feet along said northerly line to the POINT OF BEGINNING.
CONTAINING: 200 sq. ft., more or less.
......
HHllltAl
mlrun 1Nt
SCALE:N /A
JB MANUFACTURING, LLC
APN: 224-66-003
2122 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
£..StUCON
. VALLEY
POWER.
CITY OF SANTA CLA.RA
SHEET : 1 of2
SCLA-56598\2322245.1 15
*5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ EXHIBIT .. A .. SVP REF: SC
OVERHEAD ELECTRIC EASEMENT ACROSS:
JB MANUFACTURING, LLC
2122 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-66-003
EASEMENT AREA: 200 SQ. FT. ±
MEMOREX DRIVE
LEGEND
fZZT/7JZZ2j EASEMENT AREA = 200 SQ. FT. ±
--- - --- ROADWAY PLATTED CENTERLINE
1---p --- POWERLINE REFERENCE LINE
~"-CL M~
7 z MEMOREX DRIVE
O RONALD STREET
:;:;:
.s
~
e
in
.., I~
Ill '# 11,1~ 'St
I:!!! ~ -$- FOUND SURVEY MONUMENT /111~ ti;
/
a.9! ~ ,c O 0
Z 'St ~
o lcn a: tJl
.c: ·c
gi
cc
0 S 89°09'59" E
11.84'
N 18°34'36" W
35.83'
JB MANUFACTURING, LLC
APN: 224-88-003
-~ en
POB ~
__J_-N 89°17'03" W
I 30.00' (TIE}
S 00°42'57" W
~lCLMON
~~&D ITTREET
~~
'\
0,
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES, UNES ANO APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GR.ANTED com1 um !Nt
SALT LAKE CITY, UTAH
SCALE: 1" = 40'
JB MANUFACTURING, LLC
APN: 224-66-003
2122 RONALD STREET
SANTA CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
:a._S1ucoN
. VALLEY
POWER.
CITV OF SA NTA C.L-\RA
SHEET: 2 of2
SCLA-56598\2322245.1 16
*5/7.214Ā+4803560Ā-*'Ā*$*)!+%#Ȁ"*! Ȁ#,#%Ȁ&*,"Ȁ "(,,)+,& *+ CEBJlflCAJE PE ACCEPTANCE
This is lo certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the of _______ 20_, from JB Manufacturing, LLC, a California limited liability company (Granter) to the City of Santa Clara, California, a chartered California municipal corporation (City), is hereby accepted by the undersigned officer on behalf of the City Council of the City pursuant lo authority conferred by Resolution No. 5600 of the City Counci l of the City of Santa Clara adopted on the 28 day of May, 1991, and the Resolution Approving Purchase of Overhead Electr ic Easement , Resolution No. ____ _ adopted on ________ , 20_. The City, as Grantee, consents to record ation by its duly authorized officer , the City Clerk of the City of Santa Clara .
Re: APN 224-66-003
APPROVED AS TO FORM :
Office of the City Attorney
City of Santa Clara
Dated : This __ day of ____ , 20_
Office of the City Manager
City of Santa Clara
ATTEST: ________ _
Office of the City Clerk
City of Santa Clara
SCLA-56598\2322245.1 1
AGREEMENT FOR PURCHASE AND SALE
(UTILITY EASEMENT)
THIS AGREEMENT FOR PURCHASE AND SALE (“Agreement”) is made and entered into as of ___________ __, 20__ (the “Effective Date”) by and between CITY OF SANTA CLARA (“Grantee” or “City”) and 2265 Lafayette Street LLC, a California limited liability company (“Grantor) with regard to the purchase and sale of certain property interests, upon the terms and conditions set forth herein.
RECITALS
WHEREAS, The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), plans to construct approximately 0.6 miles of new 60 kilovolt (kV) overhead transmission line along Shulman Avenue, Memorex Drive, Ronald Street, Di Giulio Avenue and Lafayette Street within the northwestern area of the City of Santa Clara. SVP’s primary objective of the Memorex Loop Project (“Project”) is to increase system capacity and reliability.
WHEREAS, the Project will involve the placement of multiple new monopole steel structures and/or replace existing wood pole structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new easements.
WHEREAS, Grantee wishes to acquire from Grantor, and Grantor wishes to sell to Grantee certain property rights, as more particularly described in Exhibit A (the “Easement”) for the Project upon the terms and conditions set forth herein.
WHEREAS, Grantor and Grantee recognize that the sale of the Easement is subject to approval of the Santa Clara City Council and that this Agreement shall have no force or effect unless and until said City Council approval has been obtained, which approval shall be obtained before execution of the Agreement by Grantee.
NOW THEREFORE, in consideration of the mutual covenants and promises of the parties, the parties hereto agree as follows:
ARTICLE 1
PURCHASE
1.1. The Easement. Grantor is the fee ow ner of certain real property commonly known as 2265 Lafayette Street, APN: 224-03-080 located in the City of Santa Clara, California over which the Easement will cross.
1.2. Sale and Conveyance. Grantor shall sell to Grantee and Grantee shall purchase from Grantor, all of the terms and conditions set forth in Articles 2 and 3 hereof, the Easement.
ARTICLE 2
PURCHASE PRICE
2.1. Purchase Price . The purchase price (“Purchase Price”) for the Easement shall be Forty Four Thousand and no/100 Dollars ($44,000.00). ,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&! SCLA-56598\2322245.1 2
2.2. Payment of Purchase Price. The purcha se price shall be payable all in cash upon close of Escrow (as defined below) in accordance with Section 4.2.
ARTICLE 3
CONDITIONS TO PURCHASE AND SALE
3.1. Conditions Precedent to Purchase and Sale. The obligation of Grantee to purchase and Grantor to sell the Easement is expressly conditioned upon the satisfaction, prior to closing, of each of the conditions set forth in this Section 3.1 (the “Conditions Precedent”).
3.1.1 Title. Grantee accepts and ackn owledges a deed conveying title from SEW, LLC, a California limited liability company, to 2265 Lafayette Street, LLC, a California limited liability company, recorded on July 13, 2022 as Instrument No. 25334842 in the Office of the Recorder of Santa Clara County.
3.1.2 Execution of Overhead Electric Easement Deed. Grantor shall be ready, willing and able to convey title to the Easement by Overhead Electric Easement Deed to Grantee in the form of Exhibit B attached hereto (the “Easement Deed”) subject only to the Approved Exceptions.
3.1.3 Deposit of Grant Deed. Grantor shall have deposited into Escrow (as defined below) the Overhead Electric Easement Deed as provided for in Section 4.1.1, conveying title to the Easement (subject to the Approved Exceptions) to the Grantee.
3.1.4 Title Insurance. The Title Compan y shall be prepared to issue an ALTA Standard Owner Policy of Title Insurance in the amount of the purchase price insuring title to the Easement vested in Grantee subject only to the Approved Exceptions (the “Title Policy”).
3.1.5 Certificate of Acceptance. Grante e has obtained a resolution of the City Council of the City of Santa Clara authorizing recordation of the Overhead Electric Easement Deed and has deposited a properly executed Certificate of Acceptance into Escrow.
3.1.6 No Breach. There shall be no material breach of any of Grantor’s representations, warranties, or covenants set forth in Article 5.
3.1.7 Documentary Deposit. Grantor and Grantee shall have each deposited into Escrow all materials required to be deposited under Article 4.
3.2. Grantee ’s Remedies.
3.2.1 Conditions Precedent. If any of the foregoing Conditions Precedent which inure to the benefit of Grantee are not satisfied, Grantee shall have the right either to waive the condition in question and proceed with the purchase of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any money deposited into Escrow by Grantee shall be returned to Grantee, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.
3.2.2 Default. If Grantor fails to perform any of its obligations or is otherwise in default under this Agreement, Grantee shall have the right to give notice to Grantor specifically setting forth the nature of said failure and stating that Grantor shall have a period of ten (10) ,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&! SCLA-56598\2322245.1 3
calendar days to cure such failure. If Grantor has not cured such failure within such period (or, if such failure is not capable of being cured within ten (10) calendar days, Grantor either has not commenced in good faith the curing of such failure within such period or does not diligently thereafter complete such cure prior to the Closing Date, as may be extended under the terms of this Agreement), Grantee’s sole and exclusive remedy shall be one of the following:
(a) Waiver. Waive such failure and proceed to the Closing pursuant to all of the other terms of this Agreement; or
(b) Terminate. Grantee may terminate this Agreement by notice to Grantor and Escrow Agent to that effect. Nothing herein shall be deemed a waiver by Grantor of its right or ability to exercise its power of eminent domain to acquire the Easement after a termination of this Agreement.
3.3. Grantor ’s Remedies. If any of the foregoing Conditions Precedent which inure to the benefit of Grantor are not satisfied, Grantor shall have the right to either waive the condition in question and proceed with the sale of the Easement pursuant to all of the other terms of this Agreement, or, in the alternative, to terminate this Agreement and any amounts deposited into Escrow shall be returned to Grantee, and thereafter neither party shall have any further rights, obligations or liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement.
ARTICLE 4
CLOSING AND ESCROW
4.1. Deposits into Escrow. Grantee has established an escrow (the “Escrow”) with First American Title, 1737 North First Street, Suite 110, San Jose, CA 95112. Attn.: Luisa Sosa, telephone: (408) 487-5055 (the “Escrow Agent”). A copy of this Agreement, duly executed by both parties, shall be deposited therein within five (5) business days after the Effective Date.
Subject to Section 4.2.2 below, this Agreement shall serve as escrow instructions to Escrow Agent, as escrow holder, for consummation of the purchase and sale contemplated hereby.
Prior to or on the Closing Date, the Parties shall deposit the following into the Escrow:
4.1.1 Grantor. Grantor shall deposit the following into Escrow:
(a) The Overhead Electric Easement Deed, fully executed and suitable for recordation;
(b) If required by the Escrow Agent, a FIRPTA Affidavit stating Grantor’s U.S. taxpayer identification number and that the Grantor is a “United States person” as defined by Internal Revenue Code sections 1445(f)(3) and 7701(b); and (c) Such other documents and instruments as may be required by other provisions of this Agreement or may be reasonably required by Escrow Agent or otherwise to carry out the terms and intent of this Agreement.
4.1.2 Grantee. Grantee shall de posit the following into Escrow:
(a) Cash or immediately availabl e funds in the amount of the Purchase Price together with such additional cash in the amount necessary to pay Grantee’s share of closing costs and prorations, as hereinafter set forth; ,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&! SCLA-56598\2322245.1 4
(b) An executed Certificate of Acceptance; and
(c) Such other documents and instruments as may be required by any other provision of this Agreement or as may reasonably be required by Escrow Agent or otherwise to carry out the term and intent of this Agreement.
4.2. Close of Escrow.
4.2.1 Closing Date. Escrow shall cl ose on or before the thirtieth (30th) day following execution of this Agreement by Grantee or upon such other date as is mutually agreed upon by Grantee and Grantor (the “Closing Date”).
4.2.2 Closing of Escrow. When the Conditions Precedent listed in Section 3.1 have been satisfied or waived by Grantee and Grantor and Escrow Agent has received all necessary cash and documents and is in a position to issue the Title Policy, as provided in Section 3.1.4, Escrow Agent shall immediately close Escrow as provided below (the “Closing”).
The parties to this Agreement shall cooperate with each other and the Escrow Agent in preparing and executing such further documents (including further escrow instructions) as may be reasonably necessary to close Escrow as contemplated by this Agreement; provided however, that in the event of any conflict between the provisions of this Agreement and any such further documents or escrow instructions, the terms of this Agreement shall control.
4.2.3 Procedure. Escrow Agent shall close Escrow as follows:
4.2.3.1 Record Deed. Date and reco rd the Overhead Electric Easement Deed in the Official Records of Santa Clara County.
4.2.3.2 Deliver Copies of Deed. Deliver one (1) certified copy of the recorded Deed to Grantee.
4.2.3.3 Pay to Grantor. Pay to Grantor the funds in Escrow equal to the Purchase Price, reduced only by the Grantor’s share of closing costs and prorations, as hereinafter set forth in Section 4.2.4 below.
4.2.3.4 Deliver Title Policy. Deliver the Title Policy to Grantee.
4.2.3.5 Closing Statement. Prepare and deliver to Grantee and Grantor one signed copy of the Escrow Agent’s closing statement showing all receipts and disbursements of the Escrow.
4.2.4 Closing Costs and Prorations.
4.2.4.1 Closing Costs. Grantee and Grantor shall each pay its own attorney’s fees in connection with negotiating this Agreement and closing the Escrow. Grantee shall pay recording costs, if any, Escrow fees, the title insurance premium, and any documentary transfer taxes.
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ARTICLE 5
REPRESENTATIONS AND WARRANTIES
5.1. Grantor ’s Representations and Warranties. Grantor represents and warrants to Grantee that the following matters are true and correct in all material respects as of the execution of this Agreement and will also be true and correct in all material respects as of the Closing:
5.1.1 Organization Authority. 2265 Lafayette Street LLC, is a California limited liability company, duly organized, validly existing and in good standing under the laws of the State of California and has the full power and authority to execute and deliver this Agreement and all documents now or hereinafter to be executed and delivered by it pursuant to this Agreement and to perform all obligations arising under this Agreement and such performance does not conflict with any obligations of the Grantor. The individuals executing this Agreement and the instruments referred to herein on behalf of Grantor, have the legal power, rights and actual authority to bind Grantor to the terms and conditions hereof and thereof;
5.1.2 No Violation of Agreement; Litigati on. Neither the execution, delivery or performance of this Agreement by Grantor will result in the breach of any terms, conditions or provisions of, or conflict with or constitute a default under the terms of any indenture, deed to secure debt, mortgage, deed of trust, note, evidence of indebtedness or any other agreement or instrument by which Grantor or the Easement is bound. Grantor has no knowledge of any pending or threatened litigation, actions, applications, orders, protests, proceedings, or complaints against or affecting title to the Easement or Grantor’s interest therein;
5.1.3 Compliance with Laws. Grantor ha s received no written notice alleging violations of any federal, state or municipal laws or ordinances with regard to any portion of the Easement;
5.1.4 Existing Lease. There are no contra cts or agreements with respect to the occupancy of the Easement which will be binding upon Grantee after Closing; and
5.1.5 Grantor Not a Foreign Person. Grantor is not a foreign person within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended.
ARTICLE 6
GENERAL PROVISIONS
6.1. Approval of City Council. Grantor and Grantee recognize that as of the execution of this Agreement by Grantor, this Agreement is subject to approval of the City Council of the City of Santa Clara and that this Agreement shall have no force or effect unless and until said City Council’s approval has been obtained, but such approval shall be obtained before execution of this Agreement by Grantee.
6.2. Binding on Successors. The terms, covenants, and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.
6.3. Entire Agreement. This Agreement including all exhibits hereto contains all of the covenants, conditions, and agreements between the parties and shall supersede all prior correspondence, agreements, and understandings both verbal and written. No addition or ,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&! SCLA-56598\2322245.1 6
modification of any term or provision shall be effective unless set forth in writing and signed by both Grantor and Grantee.
6.4. Brokers’ Fees. Grantor and Grantee each represent and warrant to the other that, there are no brokers’ fees or finders’ fees arising out of this transaction and each shall indemnify, defend, and hold the other harmless from any claim, loss, cost, damage or expense including, without limitation, attorneys’ and experts’ fees and costs and court costs arising out of or incurred in connection with any claim by any other broker, finder or other person or entity for any brokerage commission, finder’s fee or other amount in connection with any acts or dealings with such indemnifying party with any such broker, finder or other person or entity.
6.5. Attorney’s Fees. In the event either party to this Agreement institutes an action to interpret or enforce the terms hereof, or to obtain money damages, the prevailing party, as determined by the court (whether at trial or upon appeal) shall be entitled to recover from the other, in addition to costs and judgment as awarded by the court, its attorney’s fees incurred therein. The prevailing party shall include, without limitation, a party who dismisses an action or proceeding for recovery hereunder in exchange for consideration substantially equal to the relief sought in the action or proceeding. In no event shall an attorney’s fee award exceed $5,000, whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions.
6.6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
6.7. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience and shall not limit or expand the provisions of this Agreement.
6.8. Time. Time is of essence of every prov ision herein contained in this Agreement.
6.9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all counterparts shall constitute one agreement.
6.10. Survival. The terms, covenants and co nditions of Articles 5, 6, and 7 shall remain true and correct as of the Closing Date, shall be deemed to be material and shall survive the execution and delivery of this Agreement, the delivery of the Grant Deed, and transfer of title.
6.11. Notices. All notices, requests or other communications required or permitted to be given in connection with this Agreement shall be in writing and shall be personally delivered (with prompt confirmation by registered or certified mail, postage prepaid), or by commercial courier service, or by registered or certified mail, postage pre-paid, addressed to the party whom it is directed at the following addresses, or at such other addresses as may be designated by notice from such party in the manner provided herein:
To Grantor: 2265 Lafayette Street, LLC.
Attention: Daniel Dryden
851 Martin Ave.
Santa Clara, CA 95050
Telephone: 408-727-5700
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To Grantee: City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Manager
Telephone: 408-615-2210
With a copy to: City of Santa Clara City Attorney’s Office 1500 Warburton Avenue
Santa Clara, CA 95050
Attn: City Attorney
Telephone: (408) 615-2230
Notices which are delivered by hand shall be deemed received upon delivery; notices which are deposited in the United States Mail in accordance with the terms of this Section shall be deemed received three (3) days after the date of mailing and notices delivered by commercial courier service shall be deemed received the date of actual delivery. The foregoing addresses may be changed by notice to the other party as herein provided.
IN WITNESS WHEREOF, the parties hereto have executed one (1) or more copies of this Agreement, on the date(s) set forth below, effective as of the day and year first above written (“Effective Date”).
GRANTOR
2265 Lafayette Street, LLC,
a California limited liability company
Phillip Albanese
Managing Member
Date:
GRANTEE
City of Santa Clara,
a municipal corporation
By:
Title:
Date:
APPROVED AS TO FORM
Office of the City Attorney
City of Santa Clara
,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&!
SCLA-56598\2322245.1 8
EXHIBIT A
,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&! DESCRIPTION:
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
2265 LAFAYETTE STREET LLC
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-03-080
EASEMENT AREA: 1,200 SQ. FT.±
SVP REF: SC -
A portion of Parcel B, as shown upon that certain Parcel Map For Lot Line Adjustment Purposes filed for record on October 1, 1985 in Book 550 of Maps, at Page 6, Santa Clara County Records, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located in the centerline of Lafayette Street near the intersection with Shulman Avenue (as shown on Page 2 of this Exhibit); thence South 15°53'48 East 341.31 feet along said centerline to the monument located at the centerline intersection of said Lafayette Street and Memorex Drive; thence North 74°06'12" East 42.00 feet to the easterly right-of-way of said Lafayette Street and the POINT OF BEGINNING; thence North 15°53'48 West 104.65 feet along said easterly right-of-way to the beginning of a curve concave easterly having a radius of 20 feet; thence northerly 13.52 feet along said curved right-of-way through a central angle of 38°44'45" to the southerly line of an existing overhead electric easement; thence South 75°28'59" East 11 .30 feet along said southerly line; thence North 82°14'48" East 6.71 feet continuing along said southerly line; thence South 5° 14'36" East 112.43 feet to the POINT OF BEGINNING .
CONTAINING: 1,200 sq. ft., more or less.
....
HHJll·(Al
CONlUl!Am INC
SALT LAKE CITY, UTAH
2265 LAFAYETTE STREET LLC
APN: 224-03-080
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
BY: AGD CHK: GHH APP: JJC
1Q.._SILICON
v VALLEY
POWER.
CITY OF SA.NTA CLARA
SHEET: 1 of2
SCLA-56598\2322245.1 9
,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&! r--------------, 1 SVPREF:SC
EXHIBIT "A"
\
OVERHEAD ELECTRIC EASEMENT ACROSS:
2265 LAFAYETTE STREET LLC
SHULMAN AVENUE
---- -C-L-MO.J
LAFAYETTE STREET
(NOT AT INTERSECTION)
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-03-080
EASEMENT AREA: 1,200 SQ. FT. ± SCALE FEET
60'
LEGEND
ti/ / ///J;/! EASEMENT AREA = 1,200 SQ. FT. ±
-- - --ROADWAY PLATTED CENTERLINE
N 15°53'48" W ----•
104.65'
---p ---POWERLINE REFERENCE LINE
-$-
S 05°14'36" E
112.43'
FOUND SURVEY MONUMENT
-.. . .
tAA~tlEW STREET
N 74°06'12" E \
· 42.00' (TIE) a..
2265 LAFAYETTE
STREET LLC
APN: 224-03-080
MEMOREX DRIVE 1-
- CLM~N~\
LAFAYETTE STREET
MEMOREX DRIVE
a..
\\
TH IS DRAW ING SHOULD BE USED ONLY AS A REPRESENTAT ION OF THE LOCATION OF THE EASEMENT BEING CONVEYEQ. THE EXACT LOCATION OF ALL STRUCTURES.
LINES AND APPURTENANCES IS SUBJECT TO'CHANGE WITHIN THE BOUNDAR IES OF THE RIGHT OF WAY HERE IN GRANTED com1am 11t
SALT LAKE CITY, UTAH
2265 LAFAYETTE STREET LLC
APN: 224-03-080
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
SILICON
VALLEY
PowER.
CITY OF SANTA CLARA
SHEET: 2of2
SCLA-56598\2322245.1 10
EXHIBIT B
,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&! Recording Requested by:
Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:
Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
[SPACE ABOVE THIS LINE FOR RECORDER 'S USE]
EXEM PT FROM RE CORDING FEE
PER GOV 'T CODE§§ 6103 and 27383
EXEMPT FROM FEE
PER GOV 'T CODE§ 27388. J (a)(2)(D)
OVERHEAD ELECTRIC EASEMENT DEED
2265 Lafayette Street & APN 224-03-080
Santa Clara, Califo1nia
For valuable consideration, the receipt of which is hereby acknowledged, 2265 Lafayette Street LLC, a Califomia lilllited liability colllpany (herein "Grantor "), hereby grants to the CITY OF SANT A CLARA, California, a chartered municipal corporation , (herein "Grantee "), an easement and right-of-way (herein "Easement ") in, on, over, along and across the real propetty owned by Grantor in the City of Santa Clara, State of California, described in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area").
This Easement shall be used by Grantee for the purpose of constructing and reconstructing , installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission , distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of Grantor. ln exercising said right of ingress and egress, Grantee shall, wherever practical, use existing roads and lanes across lands of Grantor, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to Grantor and any occupants of Grantor 's prope1ty.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the Grantor for driveway(s), landscaping (excluding trees) , and parking , as will not inte1fere with the Grantee 's use of the Easement. Any other use of the Easement Area by Grantor shall be subject to Grantee's express written consent and only after Grantee 's review of plans and specifications and detennination that such use will not interfere with its use of the Easement. Grantee may trim any trees or remove any tree or structure which is in or adjacent to the Easement Area which, in its reasonable determination, interferes with its use of the Easement. Grantee may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 Feet or poses a risk of falling onto the Grantee's facilities or equipment located within the Easement. [SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE]
224-03-08 O
SCLA-56598\2322245.1 11
,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&! IN WITNESS WHEREOF, said grantors have hereunto set their hands this ___ day of --------~ 20
APPROVED FOR FORM :
Office of the City Attorney
City of Santa Clara
By:--------------
Print Name: ______________ _
Title: _______________ _
By: --------------
Print Name: ______________ _
Title: _______________ _
"OWNER" APN APN 224-03-080 (2022-07)
ALL LEGAL OWNERS OF PROPERTY MUST EXECUTE THIS DOCUMENT. IF GRANTOR IS A CORPORATION, 1HE COMPLETE LEGAL NAME AND CORPORATE SEAL OF 1HE CORPORATION AND CORPORATE TITLES OF 1HE PERSONS SIGNING FOR 1HE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AU1HORITY OF PERSON OR PERSONS EXECUTING IBIS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY O1HER ORGANIZATION O1HER THAN A SOLE PROPRIETORSHIP SHALL BE ATTACHED.
ATTACH THE ALL-PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING TI-ITS DOCUMENT ON BEHALF OF THE GRANTOR.
224-03-080
SCLA-56598\2322245.1 12
,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&!
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attach ed, and not the truthfuln ess,
accuracy, or validity of that document.
State of California
County of _____ _
On _______ before me, ________ (name and title of officer), personally appeared ________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that she/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______ _ (Seal)
SCLA-56598\2322245.1 13
,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&! DESCRIPTION:
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
2265 LAFAYETTE STREET LLC
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-03-080
EASEMENT AREA : 1,200 SQ. FT. ±
SVP REF: SC -
A portion of Parcel B, as shown upon that certain Parcel Map For Lot Line Adjustment Purposes filed for record on October 1, 1985 in Book 550 of Maps, at Page 6, Santa Clara County Records, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located in the centerline of Lafayette Street near the intersection with Shulman Avenue (as shown on Page 2 of this Exhibit); thence South 15°53'48 East 341.31 feet along said centerline to the monument located at the centerline intersection of said Lafayette Street and Memorex Drive; thence North 74°06'12" East 42.00 feet to the easterly right-of-way of said Lafayette Street and the POINT OF BEGINNING ; thence North 15°53'48 West 104.65 feet along said easterly right-of-way to the beginning of a curve concave easterly having a radius of 20 feet; thence northerly 13.52 feet along said curved right-of-way through a central angle of 38°44'45" to the souther ly line of an existing overhead electric easement ; thence South 75°28'59" East 11 .30 feet along said southerly line; thence North 82°14'48" East 6.71 feet continuing along said southerly line; thence South 5°14'36" East 112.43 feet to the POINT OF BEGINNING.
CONTAINING : 1,200 sq. ft., more or less.
,,,,,..
HHlH(Al
com1rua INt
SALT LAKE CITY, UTAH
2265 LAFAYETTE STREET LLC
APN: 224-03-080
2265 LAFAYETTE STREET
SANT A CLARA, CALIFORNIA 95050
BY:AGD CHK: GHH APP: JJC
~ SILICO N
. VALLEY
POWER.
CITY OF S,1,NTA CLARA
SHEET: 1 of 2
SCLA-56598\2322245.1 14
,7190436Ā-6:25782Ā/,)Ā.$$-'+!+Ȁ(,&*Ȁ$(#+Ȁ*&"#Ȁ*+$"- !# %&! r---------------, 1 SVP REF: SC
EXHIBIT "A"
\
OVERHEAD ELECTRIC EASEMENT ACROSS:
2265 LAFAYETTE STREET LLC
SHULMAN AVENUE
-----C-L-MO.J
LAFAYETTE STREET
(NOT AT INTERSECTION)
2265 LAFAYETTE STREET
SANTA CLARA, CALIFORNIA 95050
APN: 224-03-080
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Overhead Electric Utility Deed dated the of _______ 20_, from 2265 Lafayette Street LLC, a California limited liability company (Grantor) to the City of Santa Clara, California, a chartered California municipal corporation (City), is hereby accepted by the undersigned officer on behalf of the City Council of the City pursuant to authority conferred by Resolution No. 5600 of the City Council of the City of Santa Clara adopted on the 28 day of May, 1991, and the Resolution Approving Purchase of Overhead Electric Easement, Resolution No. ____ _ adopted on ______ _ , 20_. The City, as Grantee, consents to recordation by its duly authorized officer, the City Clerk of the City of Santa Clara .
Re: APN 224-03-080
APPROVED AS TO FORM:
Office of the City Attorney
City of Santa Clara
Dated : This __ day of ____ , 20_
Office of the City Manager
City of Santa Clara
ATTEST : ________ _
Office of the City Clerk
City of Santa Clara
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1043 Agenda Date: 9/13/2022
REPORT TO COUNCIL
SUBJECT
Action on a Request for a Special Permit to Allow Three Temporary Construction Trailers at 2915 Stender Way for a Period of 18 Months
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The applicant, Holder Construction, is requesting a Special Permit pursuant to Zoning Code Section
18.60.030 for three temporary construction trailers at 2915 Stender Way for a period of 18 months.
The purpose of the trailers is to provide office and conference facilities for the construction personnel working at the site. The property is zoned PD - Planned Development. City Code Section 18.60.030 requires issuance of a Special Permit by the City Council in non-industrial zones for any temporary use not otherwise regulated within the Zoning Code.
Architectural Review approval was granted in July 2021 for the construction of a 250,000 square-foot data center. Construction at the site is underway and the trailers have been in place on the site since June 2022. The subject Special Permit would serve to legalize the trailers.
DISCUSSION
Placement of the temporary construction trailers includes temporary parking, including 18 standard spaces and one Americans with Disabilities (ADA) parking space. The three trailers are connected by an elevated deck and the trailers are ADA accessible via a ramp.
The Special Permit articulates the required findings per Zoning Code Section 18.60.030 that the City Council must make to approve the subject request (Attachment 1). The permit also contains a series of permit conditions that address allowable hours of operation, additional permit requirements, cleaning of the lot, nuisance criteria, and various other criteria that are included with the Special Permit attached.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from formal environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”) as it consists of “minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.”
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense. The applicant paid for the necessary permit fees.
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22-1043 Agenda Date: 9/13/2022
COORDINATION
This report has been coordinated with the 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] <mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
Approve the request of a Special Permit to allow three temporary construction trailers at 2915 Stender Way for a period of 18 months ending in December 2023, subject to conditions.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Special Permit 2915 Stender Way
2. Development Plan
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File: PLN22-00375
Location: 2915 Stender Way
Applicant: Holder Construction
Owner: Coresite Real Estate SV9
Request: Special Permit request to allow three construction trailers for a period of 18 months
General Plan Designation: Light Industrial
Zoning Designation: PD – Planned Development
Environmental Determination: Categorically Exempt per CEQA Guidelines Section 15304(e)
FACTS
The Director of Community Development finds that the following are the relevant facts regarding this proposed project:
1. The project site has a Light Industrial General Plan land use designation.
2. The project site is zoned PD – Planned Development and is located at 2915 Stender Way.
3. Placement of the temporary construction trailers will include temporary parking.
4. The Special Permit request was submitted by Holder Construction on behalf of the property owner Coresite Real Estate SV9.
5. The project submittal includes a planning application and site plan that are attached to, and part of, this Special Permit.
6. The trailers were put in place in June 2022. The subject Special Permit serves to legalize the temporary trailers.
FINDINGS
The Director of Community Development finds that based on an analysis of the facts presented above, that:
(1) The facility, under the circumstances of the particular case, is essential or desirable to the public convenience or welfare in that:
The Special Permit will allow Holder Construction to facilitate construction activities on the site for a period of 18 months.
(2) The facility will not be detrimental to the health or safety of the persons residing in the neighborhood in that:
SPECIAL PERMIT
Planning Division
Andrew Crabtree, Director of Community Development
The proposed trailers are temporary and small in scale. Parking, including handicap accessible spaces, will be provided adjacent to the trailers.
(3) The facility will not be detrimental to the property or improvements in the neighborhood in that:
The proposed trailer is temporary and does not involve permanent changes or improvements to the property or surrounding neighborhood.
(4) The facility will not impair the integrity or character of the zoning district in that:
The proposed trailer is temporary and subject to conditions to preserve the integrity of the zoning district in which the property is located.
(5) The facility will not create a significant increase in the traffic to and from the premises or in the on- street parking within five hundred (500) feet in that:
The project will not involve any construction resulting in excessive noise nor will the project create an increase in traffic or parking as the proposed use is temporary, and associated surface parking will be made available on-site.
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Special Permit shall be valid from September 13, 2022 to December 31, 2023.
2. The applicant shall comply with a ll Zoning Ordinance regulations regarding temporary and permanent structures and obtain all necessary Building and/or Fire Department permits;
3. The applicant shall comply with Fire Department directives and requirements;
4. No other structures shall be erected in conjunction with this Special Permit;
5. The applicant shall obtain temporary sign permits for all temporary signs;
6. There shall be no “searchlight” beams, streamers, or roof-mounted balloons;
7. The use shall be conducted in a manner that does not create a public or private nuisance;
8. This permit is subject to revocation by the Planning Division for violation of any of its conditions of approval; and
Approved:
_____________________________ Dated: September 13, 2022 Andrew Crabtree
Director of Community Development
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SITE PLAN
JOB 19-099
DATE 06/22/20
SHEET
S100.0
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1064 Agenda Date: 9/13/2022
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 in- house 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 space. 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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22-1064 Agenda Date: 9/13/2022
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#1215
Location: Central Park Magical Bridge
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate and test fibers at Central Park Magical Bridge Estimated Cost: $3,775
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1122
Location: Bowers Park
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate and test fibers at Bowers Park Estimated Cost: $4,335
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1450
Location: Eddie Sousa Park
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate and test fibers at Eddie Sousa Park Estimated Cost: $1,887
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1121
Location: Agnew Park
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate and test fibers at Agnew Park Estimated Cost: $5,662
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1125
Location: Machado Park
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22-1064 Agenda Date: 9/13/2022
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate and test fibers at Machado Park Estimated Cost: $8,493
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
ENVIRONMENTAL REVIEW
Staff recommends that City Council determine the proposed are exempt from the California Environmental Quality Act (“CEQA”) pursuant to sections 15302(c) (Class 2 - Replacement or Reconstruction) and and 15303(d) (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations, because they involve (1) the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity’ and (2) 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 $24,152, are included in the Fiscal Year 2022/23 Capital Budget, Fiber Development, Design, and Expansion 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 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 categorically exempt under CEQA and adopt a Resolution authorizing the use of City Electric Forces for work detailed in this report at Central Park Magical Bridge, Bowers Park, Eddie Sousa Park, Agnew Park, and Machado Park.
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 September 13, 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 22-1064 Report to Council, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees. ///
///
///
Resolution/Use of City Electric Forces Page 2 of 2
Rev: 03-09-18
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: September 13, 2022, Report to Council #22-1064 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1055 Agenda Date: 9/13/2022
REPORT TO COUNCIL
SUBJECT
Authorization to Submit a Letter of Support for an Application to the California Department of Housing and Community Development to Help Fund the Construction of the Clara Gardens Affordable Housing Project (Phase II of the Bella Vista Inn Redevelopment)
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
On November 9, 2021, the City Council held a study session on ways to address homelessness and the California Project Homekey program. On September 9, 2021, the State awarded Resources for Community Development (RCD) $22,143,314 in Project Homekey Round 2 funds to undertake renovations to the existing Bella Vista Inn and for operations. This first phase of development will create approximately 64 units of transitional housing. Renovation is now under-way and residents will begin to move into interim transitional housing in early 2023.
The second phase of this project is proposed as a new permanent housing development, “Clara Gardens,” which would add a seven-story building next to the remodeled two-story motel building, resulting in 120 total affordable housing units. These apartments will be available to extremely low and low-income individuals and families, with 25% of the set aside for those experiencing chronic homelessness and 50% sized for families. In addition, the proposed development will include property management and support services offices, two community rooms, two outdoor spaces, a roof deck, ground-floor commercial space, and other amenities.
DISCUSSION
To help fill the remaining funding gap for phase 2 of this project, RCD is applying for $7.5 million from the California Department of Housing and Community Development’s (HCD) Infill Infrastructure Grant Program (IIG) and additional funding from the State’s Multifamily Housing Program. The IIG funds will help cover the cost of infrastructure and site preparation work including demolition, grading, excavation and soil treatment, utility improvements, street paving, sidewalk curb, and gutter improvements, bike facilities for future tenants, landscaping and park amenities, the construction of parking stalls, the installation of parking stackers, and more.
To apply for IIG funding, the State requires a nonprofit or for-profit Developer of a Qualifying Infill Project to obtain a letter of support from the governing body of the city, county, or city and county that has jurisdiction over the project. A letter of support is due to the HCD no later than September 30, 2022. If RCD secures IIG and other funding, it can proceed with the second phase of the project without seeking City subsidy.
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22-1055 Agenda Date: 9/13/2022
ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time and expense to prepare this report.
COORDINATION
This report has been coordinated with the 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]
<mailto:[email protected]> or at the public
information desk at any City of Santa Clara public library.
RECOMMENDATION
Authorize the Mayor to Send a Letter on behalf of the City Council to the California Department of Housing and Community Development in support of the Clara Gardens application(s) for State funding.
Reviewed by: Reena Brilliot, Assistant Director, Community Development Department Approved by: Rajeev Batra, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1076 Agenda Date: 9/13/2022
REPORT TO COUNCIL
SUBJECT
Action to Modify the Classification Specification for Development Review Officer (Job Code 144)
COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources
BACKGROUND
Sections 4 and 6 of the Personnel and Salary Resolution require City Council approval of new job classifications, including modifications to existing classifications. The salary associated with this position remains status quo.
Modified Class Specification: Development Review Officer (Job Code 144) The Development Review Officer is a management position in the unclassified service, which plans, organizes, manages and directs the activities of the current and advanced planning program, in accordance with legal requirements and modern standards of urban planning administration. An incumbent in this classification performs professional planning work of considerable difficulty in the field of urban planning and may serve as the City’s Zoning Administrator. The Community Development Department coordinated with the Human Resources Department to modify the Development Review Officer (Job Code 144) classification specification to better align with the duties required to be performed by the classification.
DISCUSSION
Modification to the Development Review Officer (Job Code 144) Classification Specification The Human Resources Department in coordination with the Community Development Department modified the classification specification for Development Review Officer (Job Code 144), to include administrative revisions and update the Minimum Qualifications, Distinguishing Characteristics, and Typical Duties sections to be in alignment with the current duties performed by the position. Most notably, the Education and Experience and substitution, as well as Desirable Qualifications under Minimum Qualifications was updated to include other related fields to City Planning and the work experience was updated to be consistent with the expectations of the classification. Revisions to the classification specification were provided to the Unclassified Miscellaneous Management (Unit 9) on August 11, 2022.
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 City of Santa Clara Printed on 9/8/2022Page 1 of 2
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22-1076 Agenda Date: 9/13/2022
governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact to modify classification specifications for unclassified positions.
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
Approve modifications to the Development Review Officer (Job Code 144) Classification Specification.
Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Development Review Officer (Job Code 144) Classification Specification City of Santa Clara Printed on 9/8/2022Page 2 of 2
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Rev. 08/2022
CITY OF SANTA CLARA, CALIFORNIA
CLASS SPECIFICATION
TITLE: DEVELOPMENT REVIEW OFFICER (144)
DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Community Development Various Exempt
CLASS SUMMARY
The Development Review Officer is a management position in the unclassified service, which plans, organizes, manages and directs the activities of the current and advanced planning program, in accordance with legal requirements and modern standards of urban planning administration. An incumbent in this classification performs professional planning work of considerable difficulty in the field of urban planning and may serve as th e City’s Zoning Administrator. Performs related duties as assigned.
MINIMUM QUALIFICATIONS
EDUCATION AND EXPERIENCE
A Bachelor’s degree from an accredited college or university in City Planning, Architecture, or related field; AND
Four (4) years of increasingly responsible experience performing varied and complex planning work, one (1) year of which has included managing professional staff is required.
ACCEPTABLE SUBSTITUTION
A Master’s degree in City Planning, Architecture, Public Administration, or related fields may substitute for two years of work experience
LICENSES/CERTIFICATIONS
Possession of an appropriate, valid California driver’s license is required at time of application and for the duration of employment.
DESIRABLE QUALIFICATIONS
A Master's degree in City Planning, Architecture, Public Administration, or a related field is desirable.
Membership in the American Institute of Certified Planners (AICP) is desirable. Experience with computer software progr ams commonly used by the city and by the Planning & Inspection Department, such as Microsoft Word, Excel, permitting software and Geographic Information System (GIS), is highly desirable.
OTHER REQUIREMENTS
Must be able to perform all of the essential functions of the job assignment.
DISTINGUISHING CHARACTERISTICS
This is a management level classification, resp onsible for performing or supervising the most complex current and advanced level planning wor k. Incumbents regularly work on tasks that are varied, requiring considerable discretion and independent judgment. Positions in this classification DEVELOPMENT REVIEW OFFICER (144)
rely on experience and judgment to ensure the efficient and effe ctive functioning of the assigned program area. Assignments are given with genera l guidelines and incumbents are responsible for establishing objectives, timelines, and methods to deliver work produc ts. Work is typically reviewed upon completion for soundness, appropriateness, and conformity to policy and requirements. This classification differs from the Principal Planner in that the Development Review Officer regularly presides over hearings as Hearing Officer.
As a member of the City’s Unclassified Service, this is an “at will” position, and the incumbent serves at the discretion of the C ity Manager. An incumbent in this classification demonstrates strong ethical, professional, and service-oriented leadership and interpersonal skills; sets a good example; and correctly applies the tenets of the City’s Code of Ethics and Values.
TYPICAL DUTIES
This description may not include all the duties listed below, nor do the examples cover all duties that may be performed.
Under General Direction:
Manage the Development Review Division, including supervision of staff, within the Department of Planning & Inspect ion under the general direction of the City Planner and the Director of Planning & Inspection.
Gather, analyze and present data in the form of written, graphic, or oral reports for use before commissions and public hearings;
Plan, supervise, and participate in the preparation of planning projects; Prepare statistics and other information for general distribution; Provide technical and manageme nt assistance to department staff in solving difficult assignments and in reviewing objectives, techniques of execution, and resultant findings; Assist in the review of the City’s General Plan and preparation of new ordinances to effectuate the same;
Assist in the coordination of redevelopment with the General Plan; Research, plan and provide technical analysis for complex planning projects and preparation of reports including recommendations;
Plan and participate in meetings of various civic, business and community organizations; Assist the City Planner in the staffing of the Planning Commission, the Permit Center and the allocation of budget and staffing resources;
Act as the Zoning Administrator.
May represent the City Planner or the Director of Planning & Inspection in their absence; Represent the Department as the Development Review Officer at the Development Review Hearing, and other planning advisory committees as needed; Assist City Planner in the evaluation of program staff; and Perform other work as assigned.
KNOWLEDGE, SKILLS, & ABILITIES
Knowledge of:
Principles, practices and trends of community and urban planning and land use management; DEVELOPMENT REVIEW OFFICER (144)
Physical, social and economic implications involved in city planning, including the development of urban, environmental and aesthetic needs; Research methods and sources of information related to urban growth and development; Federal, State and local laws and regulations pertaining to general plans, environmental matters, redevelopment, zoning and land deve lopment, e.g., CEQA, NEPA, the subdivision Map Act, etc.;
City zoning ordinances and zoning techniques;
Supervisory personnel practices and procedures;
Office safety practices, procedures and standards;
Problem solving and conflict resolution practices and techniques; Project and workload planning;
Electronic data processing systems, and their planning and land use applications, and Complex spreadsheets and database applications.
Ability to:
Manage, organize and conduct planning research studies and reports; Draw logical and perceptive conclusions from factual data; Develop well-supported recommendations;
Supervise preparation of maps, charts and other graphic materials. Establish and maintain effective working relations hips with those contac ted in the course of work including staff, developers and citizens;
Work effectively as a member of the department’s management team a nd be able to deliver excellent customer service to both internal and external City clients; Exercise independent judgment and initiative with minimal supervision; Identify, research and gather relevant information from variety of sources; Read and interpret planning policies and apply code requirements; Prepare and monitor a comprehensive division budget;
Prepare and present planning studies;
Prepare and present highly tec hnical and complex written and or al reports to City Council, Citizens and City staff;
Communicate logi
cally and clearly, both orally and in writing;
Work effectively in time-sensitive situations and meet deadlines; Coordinate multiple projects and complex tasks simultaneously; Develop and implement long-range planning projects;
Develop creative and practical solutions to complex and difficult problems and; Bend, stoop, reach, carry, crawl, climb, and lift as necessary to perform assigned duties.
SUPERVISION RECEIVED
Works under the administrative supervision of the Planning Manager and the Director of Community Development or other manager as assigned.
SUPERVISION EXERCISED
Supervises professional, technical, and administrative support staff and other assigned personnel.
CONFLICT OF INTEREST
DEVELOPMENT REVIEW OFFICER (144)
Incumbents in this position are required to file a Conflict of Interest Statement upon assuming office, annually and upon leaving office, in accordance with City Manager Directive 100.
CLASSIFICATION HISTORY
Rev. 05/2007; Rev. 08/2022
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1083 Agenda Date: 9/13/2022
REPORT TO COUNCIL
SUBJECT
Action on a Request to Use the Parking Lots at the City-Owned Properties at 900 and 1000 Lafayette Street in Support of the Santa Clara Parade of Champions Inclusive of the City’s $60,000 In-Kind Contribution
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On April 19, 2022, the City Council considered a request to cover the costs associated with city services in support of the Santa Clara Parade of Champions (RTC 22-480). The following is a summary of the proposed event:
· Date: Saturday, October 1, 2022
· Route: A route similar to the route used in 2021 but with a modification to keep Lafayette open · Attendance: Projected to be eight to ten thousand
· Schedule of Activities:
o 8 am to 1 pm - Farmer’s Market
o 9 am to 3 pm - Community Village
o 10:30 am - Parade Opening Ceremonies and National Anthem o 11 am to 1 pm - SC Parade of Champions
o Post Parade - Performance with Santa Clara Vanguard
o 1 pm to 5 pm - LIVE "Salsa on the Square" sponsored by Volare Studios The City Council approved an in-kind contribution in the amount of up to $60,000 to support the cost of City services related to the 2022 Parade of Champions event. The in-kind contribution at the time did not anticipate the use of City properties.
DISCUSSION
Recently the Parade of Champions requested to use the parking lots at the City properties at 900 and 1000 Lafayette Street (Attachment 1). The parking lot will be used as the “Disband Area” and would accommodate 15-25 buses and 10-12 equipment trucks or trailers.
On April 19, 2022, when the Council considered the $60,000 in-kind contribution, the use of the City properties was not part of that discussion. Staff has reviewed the in-kind expenses and expects total in-kind costs to be approximately 10% below the $60,000 Council approved estimate ($6,000 still available). In partnership with the Parade of Championship organization, the use of the City parking City of Santa Clara Printed on 9/8/2022Page 1 of 2
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22-1083 Agenda Date: 9/13/2022
lots will be included in the City’s in-kind contribution to provide this community event for the City.
In addition to today’s Council Action, use of the parking lots will also require the Parade of Champions to:
· Enter into a Right of Entry Agreement, which will contain the City’s standard indemnification, release, and or waiver provisions
· Provide required insurance for the use of the parking lots · Include the parking lots in the Special Event Permit
· Coordination with the tenants to determine concerns/mitigation
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.
FISCAL IMPACT
The value of the use of the parking lot will be included as part of the $60,000 of in-kind City services.
COORDINATION
This item has been coordinated with the Parks and Recreation Department, Finance Department, City Attorney’s Office, and the City Manager’s Office. In addition, this item has been coordinated with the written petitioner.
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]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
Approve use of the parking lots at the city-owned properties at 900 and 1000 Lafayette Street inclusive of the City’s $60,000 in-kind contribution.
Reviewed by: Manuel Pineda, Assistant City Manager
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Parking Lot Map
City of Santa Clara Printed on 9/8/2022Page 2 of 2
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2022 Santa Clara Parade of Champions
Disband Area
- Entrance from Parade Route
- Bus / Truck exit
Estimated – 15-25 school buses / 10-12 equipment
trucks or trailers
Bus/Truck
Parking
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-867 Agenda Date: 9/13/2022
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, July 12, 2022, and August 16, 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, 22-9124, and 22-9135 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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· 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. 22-9135 will expire on September 15, 2022. The City Council must adopt a new resolution in order to allows for its other legislative bodies to continue meeting remotely through October 13, 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 City of Santa Clara Printed on 9/8/2022Page 2 of 5
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22-867 Agenda Date: 9/13/2022
to the moderate (yellow) COVID-19 transmission tier. On November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines. On December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide seven- day average case rate and 14% increase in hospitalizations since Thanksgiving . In light of the rapid
surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higher- risk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings. As of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated. On February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Santa Clara County Public Health Officer continues to recommend that all persons continue to wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. As of March 26, 2022, the Omicron subvariant BA.2 is now the dominant variant in the US accounting for nearly 55% of new COVID-19 cases in the U.S. On March 29, 2022, the FDA authorized a second booster dose of the COVID-19 vaccines for people 50 years of age and older and some immunocompromised people. 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. COVID- 19 cases, according to data released from the Centers for Disease Control and Prevention (CDC).
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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. 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. On August 11, 2022, the Centers for Disease Control and Prevention streamlined its guidance for COVID exposure to recommending that everyone, regardless of vaccination or past infection, wear a high-quality mask for 10 days and get tested on day five after exposure to the virus. As of August 24, 2022, as California schools reopen for the fall semester with loosened COVID-19 protocols and low student vaccination rates among younger children, health experts are watching to see how schools do in the coming weeks as some experts expect another rise in cases when winter arrives. 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]> or at the public information desk at any City of Santa Clara public library.
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22-867 Agenda Date: 9/13/2022
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
ATTACHMENTS
1. Resolution
City of Santa Clara Printed on 9/8/2022Page 5 of 5
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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, July 12, 2022, and August 16, 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, 22-9124, and 22- Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 3 of 6 Rev: 11/22/17
9135 respectively, to 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;
WHEREAS, on August 4, 2022, the CDC continued to classify Santa Clara County in the high community level for coronavirus, in its weekly update; WHEREAS, on August 11, 2022, the Centers for Disease Control and Prevention streamlined its guidance for COVID exposure to recommending that everyone, regardless of vaccination or past infection, wear a high-quality mask for 10 days and get tested on day five after exposure to the virus;
WHEREAS, as of August 24, 2022, as California schools reopen for the fall semester with loosened COVID-19 protocols and low student vaccination rates among younger children, health experts are watching to see how schools do in the coming weeks as some experts expect another rise in cases when winter arrives;
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 October 13, 2022 unless staff returns to City Council on or before October 13, 2022 to request to continue the need for teleconferencing.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 7 of 6 Rev: 11/22/17
1. That the City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 22-9135 adopted on August 16, 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 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 Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 8 of 6 Rev: 11/22/17
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 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
22-1132 Agenda Date: 9/13/2022
REPORT TO COUNCIL
SUBJECT
Action on Council and Authorities Concurrent and Stadium Authority Meetings for 2023
BACKGROUND
Setting the Council and Authorities Concurrent and Stadium Authority meetings in advance allows for the proper planning and agenda management.
Pursuant to Charter Section 707, the City Council shall hold regular meetings at least twice each month.
DISCUSSION
The proposed 2023 calendar of meetings includes the Charter required two Council meetings per month. It also includes Stadium Authority meetings to be held every month, with an additional meeting in March due to the Stadium Authority budget cycle and fiscal year. The calendar takes into consideration regularly attended conferences (i.e., League of California Cities, American Public Power Association, etc.), avoids major observed holidays and includes a five-week summer recess from July 25 - August 19.
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 additional cost to the City other than administrative time.
COORDINATION
This report has been coordinated with the City Manager’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]> or at the
public information desk at any City of Santa Clara public library.
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22-1132 Agenda Date: 9/13/2022
RECOMMENDATION
Set the 2023 calendar year Council and Authorities Concurrent and Stadium Authority as reflected on the attached calendar.
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Proposed 2023 Meetings Calendar
City of Santa Clara Printed on 9/8/2022Page 2 of 2
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COUNCIL & AUTHORITIES MEETINGS
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31 Council Recess
Council and Authorities Concurrent Meeting
Stadium Authority Meeting Published Calendars of Certain City Officials
STADIUM AUTHORITY MEETINGS
2023
November December
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City Holiday
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1152 Agenda Date: 9/13/2022
REPORT TO COUNCIL
SUBJECT
Action to Waive Second Reading and Adopt Ordinance No. 2050 Repealing Chapter 2.105 (Finance Department) of Title 2 (Administration and Personnel) and Adding a New Chapter 2.105 (Finance Department) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California” to Implement New Purchasing Requirements and Update Administrative Language
BACKGROUND
At the August 30, 2022 Council meeting, proposed Ordinance No. 2050 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2050 was published to the Santa Clara Weekly on September 7, 2022, and copies were posted in three public places.
DISCUSSION
The proposed ordinance would update Chapter 2.105 of the Santa Clara City Code to increase bid thresholds to $250,000 for materials, general services, and professional services; increase the City Manager’s signature authority to $250,000 for purchases; introduce a procurement guide to serve as a reference for the application of Chapter 2.105; eliminate the 1% local business preference; and address ambiguity across various code sections. This update to the City Code will align the City’s purchasing procedures with local and federal procurement best practices, provide clarity around processes and definitions, and create faster procurement cycles to obtain goods and services.
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 time and expense.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2050 was published to the Santa Clara Weekly on September 7, 2022, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
City of Santa Clara Printed on 9/8/2022Page 1 of 2
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22-1152 Agenda Date: 9/13/2022
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public
information desk at any City of Santa Clara public library.
RECOMMENDATION
Waive Second Reading and Adopt Ordinance No. 2050 Repealing Chapter 2.105 (Finance Department) of Title 2 (Administration and Personnel) and Adding a New Chapter 2.105 (Finance Department) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California” to Implement New Purchasing Requirements and Update Administrative Language.
Reviewed by: Steven Ngo, Interim City Attorney
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Ordinance No. 2050 (Intro)
City of Santa Clara Printed on 9/8/2022Page 2 of 2
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ORDINANCE NO. 2050
AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA,
REPEALING CHAPTER 2.105 (FINANCE DEPARTMENT) OF
TITLE 2 (ADMINISTRATION AND PERSONNEL) AND ADDING A
NEW CHAPTER 2.105 (FINANCE DEPARTMENT) OF TITLE 2
("ADMINISTRATION AND PERSONNEL") OF "THE CODE OF
THE CITY OF SANTA CLARA, CALIFORNIA TO IMPLEMENT
NEW PURCHASING REQUIREMENTS AND UPDATE
ADMINISTRATIVE LANGUAGE
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City seeks to amend Santa Clara City Code Chapter 2.105 to update its purchasing system for supplies, materials, equipment and services and the disposal of surplus property to align it with Federal and state purchasing "best practices"; clarify certain Code sections for City Staff and the public; and update certain outdated administrative language; WHEREAS, The City currently has certain provisions of 'The Code of the City of Santa Clara, California" ("SCCC") devoted to purchasing at Chapter 2.105; and, WHEREAS, the City desires to repeal SCCC Chapter 2.105 in its entirely and add a new SCCC Chapter 2.105.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That the current Chapter 2.105 SCCC ("Finance Department") be repealed in its entirety.
SECTION 2: That a new Chapter 2.105 ("Finance Department") is added to Title 2 ("Administration and Personnel") of "The Code of the City of Santa Clara, California" ("SCCC") to read as follows:
Sections:
2.105.010 Definitions.
"Chapter 2.105
FINANCE DEPARTMENT
2.105.020 Organization generally - Director of Finance.
2.105.030 Accounting services division.
2.105.040 Municipal services division.
Ordinance/Purchasing Code Update
Rev: 09/2019
2.105.050
2.105.060
2.105.070
2.105.080
2.105.090
2.105.100
2.105.110
2.105.120
2.105.130
2.105.140
2.105.150
2.105.160
2.105.170
2.105.180
2.105.190
2.105.200
2.105.210
2.105.220
2.105.230
2.105.240
2.105.250
2.105.260
2.105.270
2.1 G5.280
2.105.290
2.105.300
2.105.310
2.105.320
Budget division.
Financial management and treasury division.
Purchasing - Authority - Application.
Adoption of centralized purchasing system for Products and General Services.
Centralized purchasing - Exceptions.
Splitting of purchases or contracts for Products or General Services.
Appropriation balance necessary.
Purchasing Division Manager.
Additional quantities.
Competitive requirements for purchases.
Formal competitive bids or proposals; use of electronic media; reverse auctions.
Award of contracts.
Notice inviting bids.
Bidders' security.
Performance and payment bonds.
Rejection of bids or proposals.
Tie bids.
Procedure when no bids or proposals received.
Bid or Proposal irregularities or informalities.
Protest Procedures.
Procurements where competitive methods are not practicable.
Emergency purchases.
Purchases from other public agencies or through the utilization of Competitive bid processes of other public agencies.
Single and sole source procurements.
Idle act.
Purchase orders and contracts- Signature authority.
Surplus personal property.
Climate friendly purchasing.
2.105.010 Definitions.
As used in this chapter:
(a) "Brand name" means a specification limited to one or more items by manufacturers' names or catalog numbers to describe the standard of quality, performance, and other salient characteristics needed to meet City requirements, and which provides for the submission of equivalent products.
(b) "Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity. (c) "City" means the City of Santa Clara and any of its affiliated agencies. (d) "City Manager" means the City Manager or his/her designee. (e) "General Services" means any work performed or services rendered by an independent contractor, with or without the furnishing of materials. (1) "General Services" includes, but is not limited to the following:
(A) Maintenance, nonstructural repair, and improvements to City buildings and structures, which do not require engineering plans, specifications or design, such Ordinance/ Purchasing Code Update
Rev: 09/2019
as replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, utility systems maintenance, elevator maintenance, custodial services and pest control;
(8) Repair, modification and maintenance of City equipment and software; (C) Cleaning, analysis, testing, moving, removal and disposal (otherwise than by sale) of City materials, supplies and equipment;
(D) Replanting, care, and maintenance of public grounds, including, but not limited to, trees, shrubbery, flowers and lawns, which does not require engineering plans, specifications or design;
(E) Professional and non-professional services to facilitate City operations; and (F) Repair, demolition and other work, required to abate nuisances pursuant to this Code.
(2) "General Services" shall not include:
(A) Work performed by City employees, public agencies, or pursuant to City collective bargaining agreements;
(8) Public works projects as defined in this Chapter;
(C) Any purchase of materials, supplies or equipment;
(C) Services performed under a grant agreement between the City and a grantee of a City program;
(D) Services for the design, fabrication or installation of a work of art; (E) Temporary staffing services; or
(F) Services performed under a concession agreement between the City and a licensee or permittee on City property.
(f) "Life-cycle costs" means the costs that the City reasonably should be expected to pay for the full life of a product, including the purchase amount, ancillary costs, and recycling and disposal costs at end-of-life.
(g) "Maintenance" means routine, recurring, and usual work for the preservation, protection, and keeping of any publicly owned or publicly operated facility for its intended purposes in a safe and continually usable condition for which it was designed, improved, constructed, altered, or repaired. This definition of "maintenance" expressly includes, but is not limited to carpentry, electrical, plumbing, glazing, and other craftwork that is consistent with the definition set forth above to preserve the facility in a safe, efficient, and continually usable condition for which it was intended, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or realty as fixtures. This definition does not include, among other types of work, janitorial or custodial services and protection of the sort provided by guards or other security forces. Upgrades to facilities may be considered maintenance only if they are necessary to preserve, protect and keep the public facility Ordinance/Purchasing Code Update
Rev: 09/2019
operating for its intended purpose in a safe and continually usable condition for which it was designed, improved, constructed, altered, or repaired.
(h) "Person" means any business, individual, union, committee, club, organization or group of individuals.
(i) "Products" means supplies, materials, equipment, and software that are required for City operations.
U) "Procurement" means the, sourcing, purchasing, renting, leasing or otherwise acquiring of any General Services or Products. "Procurement" also includes any function that pertains to obtaining Products or General Services, such as description of requirements, selection and solicitation of sources, preparation and awards of contracts, and contractual administration. (k) "Procurement card" means a charge card issued to an employee of the City of Santa Clara for the purpose of making authorized purchases on the City's behalf. (I) "Procurement Guide" is a user guide, promulgated by the Purchasing Division Manager, that addresses the practical application of the provisions of this Chapter. (m) "Public works" means the erection, construction, alteration, repair or improvement of any public structure, building, road or other public improvement of any kind. (n) "Responsible bidder" means a vendor or contractor with the capability in all respects to perform all contractual responsibilities, that presents a bid amount that is competitive and reasonable, and has attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform under the contract.
(o) "Reverse auction" means an internet-based process in which vendors compete to obtain business, the identity of vendors submitting bids but not the amount of the bids remains sealed during the time allotted for the auction, and vendors may submit successively lower bids, with the goal that bids submitted by vendors will decrease over the time allotted for the auction.
(p) "Sole Source" means that there is only one supplier or contractor available for the required product or service.
(q) "Single Source" means that a particular supplier is purposefully chosen by the buying organization even when there are other suppliers with a functional equivalent of the product available.
(r) "Specification" means any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing, preparing a supply or service for delivery, or product to be used. (s) "Surplus supplies" means personal property owned by the City that no longer has a useful purpose. Surplus supplies includes, but is not limited to, supplies that are worn out, obsolete or unsuitable for City use.
(t) "Total taxable amount" means total price for products or services exclusive of shipping, handling, and any other associated charges.
Ordinance/Purchasing Code Update
Rev: 09/2019
2.105.020 Organization generally - Director of Finance. (a) The Finance Department shall be under the direct supervision of a Director of Finance, who shall be in the unclassified service. The Finance Department shall be organized into the divisions as provided in this chapter. The Director of Finance shall manage and direct the activities of the Finance Department.
(b) The Assistant Director of Finance, who shall be in the unclassified service, shall assist the Director of Finance and shall act in the capacity of Director of Finance in his/her absence.
Additionally, the Assistant Director of Finance may be assigned the responsibility to oversee the operation of one or more of the divisions or may be assigned to directly supervise one of the divisions.
2.105.030 Accounting services division.
The accounting services division shall be under the immediate supervision of the Assistant Director of Finance or a division manager, accounting services, who shall be in the unclassified service. The duties of this division shall be as follows:
(a) Manage the general accounting system and accounting control for all the various offices, departments, and agencies of the City.
(b) Prepare and submit for the City Council a monthly statement of all receipts and disbursements in sufficient detail to show the City's current financial position. (c) Maintain cemetery and miscellaneous accounts receivable and deposit ledgers. (d) Maintain an accounts payable ledger and manage the proper disbursement of all moneys in accordance with the City budget.
(e) Develop and implement expenditure control procedures over each office, department, or agency of the City.
(f) Prepare and record the biweekly payroll, voucher all claims against the City, and prepare the necessary warrants and checks for payment therefor.
(g) Maintain records correctly showing all the capital assets and liabilities of the City. (h) Prepare annual audited financial statements for the City and its agencies and other periodic financial statements and reports as required and requested. (i) Prepare for publication all required governmental reports having to do with the financial condition of the City.
U) Compile data and statistics and develop financial analysis as required and requested. (k) Manage special projects as assigned.
(I) Manage production of the City's annual financial reports, general-purpose financial statements, and annual comprehensive financial report.
(m) Manage the following ongoing projects:
(1) Reimbursement claims against the state;
(2) Governmental Accounting Standards Board (GASS) updates; Ordinance/Purchasing Code Update
Rev: 09/2019
(3) Legislative review and updates;
(4) Internal audit of fixed assets for insurance reporting. (n) Perform internal control of Finance Department functions.
2.105.040 Municipal services division.
The municipal services division shall be under the immediate supervision of the Assistant Director of Finance or a division manager, municipal services, who shall be in the unclassified service. The duties and responsibilities of this division shall be as follows:
(a) Manage field and office customer service staff who provide counter and telephone assistance regarding utilities, business tax, process and receipt all monetary transactions (e.g., request for turn-on and turn-off of utilities, meter testing, payment arrangements and referrals for financial assistance).
(b) Manage a complex on-line computerized utility billing system which tracks meter and payment history, consumption, charges, allocations and generates monthly billings. (c) Research, prepare findings, and resolve customer concerns, suggestions and/or complaints. (d) Maintain a comprehensive computerized hand-held meter reading system which stores monthly meter reads and interfaces with the utility billing system to generate monthly utility billings.
(e) Receive and have custody of all cash and checks received over the counter or in the mail by the City from any source and issue receipts therefor.
(f) Administer a computerized cash receipting system which tracks all payments received by the City. This system provides for real time verification of payments, encoding and endorsing of all checks and automatic posting of all transactions to the utility billing and business tax systems. (g) Deposit or keep safe all moneys received in such depositories as may be designated by the City Council, in compliance with the provisions of the State law governing the handling, depositing, and securing of public funds.
(h) Administer the business tax policies and related enforcement, as directed, including the billing therefor.
(i) Maintain and process all bankruptcy claims; and prepare and file various State and Federal reports.
G) Coordinate and process numerous service contracts and equipment maintenance contracts. (k) Act as City's representative for the receipt and evaluation of solicitation requests from charitable organizations.
(I) Manage special projects as assigned.
(m) Perform such other related administrative duties as may be assigned by the Director of Finance.
(n) Receive credit and debit card transactions.
Ordinance/Purchasing Code Update
Rev: 09/2019
(o) Adoption and Amendment of Municipal Services Division, Utility Services Rules and Regulations.
(1) Adoption of Rules and Regulations by Resolution. The City Council may, from time to time, by resolution, as it deems necessary for the administration or implementation of the intent of this Code, review, revise, adopt and/or promulgate new or amended rules and regulations concerning the operation or administration of the following:
(A) Finance Department's Municipal Services Division, Utility Services Rules and Regulations [SCCC 2.105.040];
(B) Electric Department's Silicon Valley Power Rules and Regulations [SCCC
13.05.040];
(C) Water Department's Rules and Regulations for Water Service and Use [SCCC
13.15.080]; and
(D) Street Department's Rules and Regulations for Garbage, Refuse, Recycling, Household Hazardous Waste, and/or Clean Green Service [SCCC 8.25.290]. (2) Amendment of Municipal Services Division, Utility Services Rules and Regulations. The City Council may subsequently adopt or amend the Municipal Services Division, Utility Services Rules and Regulations from time to time by resolution of the City Council. Such amendments may be adopted as the City Council deems necessary or expedient for the administration or implementation of this Code, or to review, revise, adopt and/or promulgate new or amended rules and regulations concerning the operation or administration of the electric, water, sewer and/or street departments to govern the municipal and utility services furnished by the City. Such amendments may be in response to changing facts and circumstances which affect the operation of the City's electric, water, sewer and/or street departments, or as a result of any applicable law(s) and/or regulation(s) implemented by the Federal or State government, their respective regulatory agency(ies), or local ordinance.
Any new or amended rules and regulations subsequently adopted by the City Council by resolution shall be incorporated by reference into this Code. (3) Responsible Parties. Customers of the electric, water, and/or street departments shall be considered as having given express consent to be bound by this Code and any City departmental Rules and Regulations subsequently enacted pursuant to this Code. (4) Responsibility for Enforcement. The primary responsibility for enforcement of the departmental rules and regulations shall be with the City Manager. (p) Enforcement of the Rules and Regulations. Except when more specific provisions pertaining to departmental rules and regulations are intended to supersede the provisions of SCCC
1.05.070, the following shall apply:
(1) Pursuant to SCCC 1.05.070, the City, in its prosecutorial discretion, may enforce violation(s) of the departmental rules and regulation as a criminal, civil, and/or administrative action.
2.105.050 Budget division.
The budget division shall be under the immediate supervision of the Assistant Director of Finance or a division manager, who shall be in the unclassified service. The duties and responsibilities of this division shall be as follows:
Ordinance/Purchasing Code Update
Rev: 09/2019
(a) Compile and produce the City's biennial operating and capital improvement budgets. (b) Produce annual updates to the City's ten-year financial study. (c) Prepare and monitor long-range financial plans for the City and its agencies, including periodic updates as required.
(d) Prepare periodic and annual revenue forecasts.
(e) Analyze and prepare estimated revenue and expenditure updates. (f) Monitor and report the City's Proposition 4 appropriations limit and general contingency reserves.
(g) Manage sales and property tax audits.
(h) Analyze and recommend options for budget balancing to the City Manager. (i) Monitor operating and capital improvement budgets, with regular reporting to the City Council.
U) Coordinate the forecasting of general liability, earthquake, property and casualty, and other miscellaneous insurance costs and coverages (commercial or self-insurance) with the City's Risk Manager. (k) Manage special projects as assigned.
2.105.060 Financial management and treasury division.
The financial management and treasury division shall be under the immediate supervision of the Assistant Director of Finance or a division manager, financial management, who shall be in the unclassified service. The duties of this division shall be as follows:
(a) Monitor the financing needs of the City and its agencies and manage negotiated and public bid bond issues.
(b) Manage cash flow and invest idle cash in accordance with established policies and procedures and prepare monthly reports for the City and its agencies. (c) Manage the outstanding debt of the City and its agencies in compliance with established policies and various bond covenants and prepare periodic reports. (d) Compile data and statistics and develop financial analysis and forecasts as required and requested.
(e) Administer contracts between the City and its agencies and outside contractors for compliance with financial and insurance terms and conditions of these agreements, consistent with City policy.
(f) Manage special projects as required.
2.105.070 Purchasing - Authority - Application.
(a) This purchasing system shall apply to all purchases of Products and General Services, in whatever amount.
Ordinance/Purchasing Code Update
Rev: 09/2019
(b) The establishment of a centralized purchasing system is authorized and directed by "The Charter of the City of Santa Clara, California" Section 1318 and Government Code Sections 54201 through 54205.
(c) When a purchase involves the expenditure of Federal assistance and/or contract funds, the purchase shall be conducted in accordance with mandatory Federal law and regulations. (d) Nothing in this chapter shall prevent the City from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law.
2.105.080 Adoption of centralized purchasing system for Products and General Services. (a) A purchasing system is hereby adopted in order to: establish uniform procedures for the purchase of Products and General Services at the lowest possible cost while ensuring quality, quantity and availability; exercise proactive financial control over purchases; and clearly define authority for the purchasing function.
(b) There is also hereby created a centralized purchasing division, under the direct supervision of the City Manager or her/his designee, in whom is vested authority for the purchase of Products and General Services.
(c) The purchasing system may allow for the decentralization of certain purchasing functions as appropriate while ensuring appropriate internal controls. (d) The purchasing system shall require the Purchasing Division Manager to promulgate and maintain a Procurement Guide to serve as a user guide that addresses the practical application of the provisions of the Chapter.
(e) All purchases of Products and General Services shall require a City purchase order or signed agreement. Exceptions to this requirement include:
(1) Procurement card purchases made in accordance with the City procurement card policy; and
(2) Payments made for ongoing City operations as described in the City's Procurement Guide.
2.105.090 Centralized purchasing - Exceptions.
The following are exceptions to the centralized purchasing system:
(a) The City Manager may authorize in writing any City department to purchase, contract for, or specify General Services or Products independently of the centralized purchasing system, but it shall be required that such purchases or contracts be made in conformity with this Chapter and the City's Procurement Guide.
(b) Any contract for the purchase or sale of water, electrical power, fuels for the generation of electrical power, wastewater and recycled water.
(c) Any contract for a public work as defined by applicable State and local law, including, but not limited to, City Charter Section 1310 and Public Contracts Code Section 5100 et seq.
2.105.100 Splitting of purchase orders or contracts for Products or General Services.
No officer or employee of the City shall split or separate a purchase of Products or a contract for General Services for the purpose of evading the provisions of this Chapter. The acquisition of Products should normally be made as a single purchase when the need has been identified for Ordinance/Purchasing Code Update
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multiples of items, related items, or similar items, which are ordinarily available from the same vendor or manufacturer.
2.105.110 Appropriation balance necessary.
(a) Except for emergency purchases made pursuant to this Chapter, no officer or employee of the City shall requisition or order any Products or General Services unless there exists an unencumbered balance of an appropriation or appropriations available for such purchase, against which the requisition or purchase may be charged. (b) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the purchase shall be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Products or General Services delivered under the contract.
2.105.120 Purchasing Division Manager.
The Purchasing Division Manager shall be in the unclassified service and shall be the head of and have general responsibility for the purchasing division. The Purchasing Division Manager shall, subject to the delegation and approval of the City Manager, have authority to or provide support thereof to:
(a) Purchase and contract for General Services and Products required by any City department in accordance with prescribed bidding procedures set forth in this Chapter; (b) Negotiate and recommend execution of contracts or purchase orders for the purchase of General Services and Products;
(c) Act to procure for the City the needed quality and quantity of General Services and Products at the least expense or best value to the City;
(d) Endeavor to obtain as full. and open competition as possible; (e) Prepare and recommend to the City Manager a Procurement Guide for the purchase of General Services and Products for the City;
(f) Keep informed of current developments in the field of purchasing, prices, market conditions and new products;
(g) Prescribe and maintain such forms as are reasonably necessary to the operation of the purchasing system and other rules and regulations;
(h) Facilitate the reuse of surplus personal property between City departments and the sale of all personal property that cannot be re-purposed by any City Department; and (i) Maintain a central warehouse.
2.105.130 Additional quantities.
At the discretion of the Purchasing Division Manager, additional quantities may be purchased after the initial award of a contract or purchase order for General Services or Products. If the purchase of additional quantities or services increases the maximum compensation that exceeds the City Manager's signature authority set forth in this Chapter, or an amount previously approved by Council, then Council approval is required.
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2.105.140 Competitive requirements for purchases.
The City shall when practicable engage in competitive procurement. The Purchasing Division Manager shall use the following procurement methods under the circumstances described below:
(a) Purchase orders and agreements when the total taxable amount, exclusive of freight and shipping cost, is estimated not to exceed fifteen thousand dollars ($15,000) may be made without a competitive procurement method.
(b) Informal request for quotes shall be used for purchases of Products or General Services with a total taxable amount estimated to be greater than fifteen thousand dollars ($15,000) and up to and including two hundred fifty thousand dollars ($250,000). Award factors may be based on either the lowest responsible and responsive quote, or quote which offers the best value for the City, as specified in Section 2.105.160(b) and Section 2.105.160(c), respectively. (c) Formal request for proposals shall be used for purchases of General Services when the total taxable amount is estimated to be more than two hundred fifty thousand dollars ($250,000). Award factors shall be based on the proposal which offers the best value for the City, as specified in Section 2.105.160(c).
(d) Formal request for bids shall be used for purchase of Products when the total taxable amount is estimated to be greater than two hundred fifty thousand dollars ($250,000), or for General Services when the Purchasing Division Manager determines that it is appropriate to do so. Award factor shall be based on lowest responsible and responsive bid as specified in Section 2.105.160(b).
2.105.150 Formal competitive bids or proposals; use of electronic media; reverse auctions.
(a) Sealed bids or proposals shall be submitted to the purchasing division at the time and place specified in the procurement notice. At the time and place prescribed in said notice, the bids shall be publicly open and declare the aggregate bid of each bidder. The Purchasing Division Manager shall examine the bids and prepare a written report and recommendation. (b) The use of electronic media is authorized for the formal competitive process, including without limitation submission, opening and reporting of bids or proposals electronically, provided that such use shall be governed by the Procurement Guide as defined in this Chapter. The administrative procedure shall include measures as the Purchasing Division Manager deems appropriate for security of the competitive process, approval and award processes, and the accurate retrieval or conversion of electronic information into a medium which permits inspection and copying.
(c) When the Purchasing Division Manager finds it to be in the best interest of the City based on the circumstances of the particular procurement, the Purchasing Division Manager in his or her discretion may procure by reverse auction purchases of Products requiring formal bidding, which goods are readily available in the marketplace, highly standardized, and can be supplied by a reasonable number of qualified competitors.
2.105.160 Award of contracts.
(a) Award factors generally:
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(1) The Purchasing Division Manager shall award the contract in accordance with the award factors and respective weights outlined in the solicitation. The award decision shall be documented and available for public inspection. (b) Award factors for informal quotes and formal bids.
(1) Purchases for which informal quotes or formal bids are being used shall be awarded to the bidder who submits the lowest responsible and responsive quote or bid in accordance with this Section. The low quote or bidder shall be determined based on the lowest total cost to the City including, but not limited to:
(A) Purchase price;
(8) Trade discounts;
(C) Shipping costs;
(D) Life cycle costs;
(E) Operating efficiency; and
(F) Maintenance costs.
(c) Award factors for informal quotes and formal request for proposals. (1) Purchases for which informal quotes or formal requests for proposals are used shall be awarded to the bidder whose quote or proposal offers the best value for the City in accordance with the applicable provisions of this Chapter. In addition to the factors set forth in 2.107.170(b)(1 ), the best value quote or proposal shall be determined based on but not limited to:
(A) Quality;
(B) Capabilities, expertise, and experience of the bidder; (C) Adherence to applicable Council policies; and
(D) Ability of the bidder to provide future maintenance, repair parts, and service; (2) At the discretion of the Purchasing Division Manager, any one or more of the award factors set forth above may be excluded from a procurement if the factor or factors are not applicable or prohibited by law.
(d) If the Purchasing Division Manager determines that it is in the best interest of the City to issue a solicitation for the procurement of goods or services of indefinite quantities and/or with indefinite delivery dates that requires formal or informal bidding, or the most advantageous quotes or proposals, the solicitation may allow for the award to multiple bidders in order of the lowest bids or best value. When multiple awards have been made under such circumstances, then at the time that actual purchases are made, the choice between or among the selected bidders shall be based on a consideration of factors, including but not limited to the following:
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(A) Lowest total cost to the City;
(B) Availability;
(C) Quality; and
(D) Capabilities and/or expertise.
2.105.170 Notice inviting bids.
(a) The notice inviting bids shall be published in at least one of the following manners:
(1) In a newspaper of general circulation in the City, at least once, not less than ten days before the date set for opening bids;
(2) As a posting on the City's website or City designated website for such postings; or (3) At City Hall for a period of not less than ten days before the date set for opening bids.
2.105.180 Bidders' security.
The Purchasing Division Manager may require, at his or her discretion, a bidders' security as required by the bid documents that shall be presented under sealed cover or other appropriate means. If the successful bidder fails to execute the contract within the time specified in the notice inviting bids or in the specifications referred to therein, the Purchasing Division Manager or his/her designee may declare that the successful bidder has forfeited its bidders' security to the City and any bonds so forfeited may be prosecuted and collected and the amount of the security paid into the general fund. Unsuccessful bidders shall be entitled to the return of their bidders' security. The form and amount of such security shall be described in the notice inviting bids or in the specifications referred to therein.
2.105.190 Performance and payment bonds.
To secure faithful performance of the contract, the Purchasing Division Manager or his/her designee is authorized to require security in the form of cash, cashier's check, certified checks, or corporate faithful performance and payment bonds, in such amount as he/she deems reasonably necessary to protect the best interests of the City. If the Purchasing Division Manager or his/her designee requires such security, the form and amount thereof shall be described in the notice inviting bids or in the specifications referred to therein.
2.105.200 Rejection of bids or proposals.
The Purchasing Division Manager or designee may reject any or all bids or proposals. If all bids or proposals are rejected, the Purchasing Division Manager or designee may re-notice the solicitation, or award without further complying with the provisions of this Chapter if re advertising is determined to be an idle act.
2.105.210 Tie bids.
If two or more bids are for the same amount and are the lowest bids, the Purchasing Division Manager may select the winning bidder at his or her discretion.
2.105.220 Procedure when no bids or proposals received.
If no bids or proposals are received, the Purchasing Division Manager or designee may re advertise or may otherwise acquire in the open market without further complying with the provisions of this Chapter.
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2.105.230 Bid or Proposal irregularities or informalities The Purchasing Division Manager shall have the right to waive any informalities or minor irregularities in bids or proposals.
2.105.240 Protest Procedures
The Purchasing Division Manager shall, in the Procurement Guide, establish a process for reviewing and responding to award protests.
2.105.250 Procurements where competitive methods are not practicable.
The City is not required to engage in a competitive procurement under the following circumstances:
(a) Emergency purchases pursuant to Section 2.105.260 of this Chapter. (b) Public agency purchases pursuant to Section 2.105.270 of this Chapter. (c) Single or Sole Source purchases pursuant to 2.105.280 of this Chapter. (d) Idle act pursuant to Section 2.105.290 of this Chapter.
2.105.260 Emergency purchases.
(a) In the case of an emergency involving the threatening of lives, property or welfare of the people of the City or the property of the City, the City Manager and/or his/her designee may purchase supplies, materials or equipment without formal bidding, as formal bids would be an "idle act" in such an emergency and may contract for General Services which the City Manager and/or his/her designee deems necessary for the purpose of meeting such emergency. (b) For the purpose of meeting such emergency, the City Manager and/or his/her designee may expend unencumbered moneys in any City reserve fund, notwithstanding the fact that such moneys may not have been appropriated for such purpose, to the extent that other moneys have not been appropriated or are otherwise unavailable therefor. (c) The City Manager and/or his/her designee shall provide a post-emergency report to the City Council on the use of any reserve amounts expended for the above purposes.
2.105.270 Purchases from other public agencies or through the utilization of Competitive bid processes of other public agencies.
The City, through the City Manager and/or the Purchasing Division Manager, may, without observing the competitive procurement requirements prescribed by this Chapter acquire Products or General Services as follows:
(a) Contract directly with any public agency for Products or General Services; (b) Contract, directly or indirectly, with a vendor based on an agreement negotiated by a joint powers agency, or non-profit organization that provide resources to public agencies and which the City is a member;
(c) Contract, either directly or indirectly, with a vendor under a contract awarded using pre established cooperative purchasing agreements, when such agreements resulted from a competitive bid process that meets or exceeds the competitive bidding process of the City, as determined by the Purchasing Division Manager; or
(d) Contract directly with a vendor at a price and on terms obtained through a competitive bidding process of another public agency, even if the City has not joined with the public agency Ordinance/Purchasing Code Update
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in such competitive process or purchase. Any such competitive process shall meet or exceed the competitive bidding process of the City, as determined by the Purchasing Division Manager.
For the purpose of this section, the term "public agency" shall also include, without limitation, any nonprofit organization made up of at least one or more public agencies, which nonprofit organization has been approved by the Purchasing Division Manager for the conduct of competitive procurements.
2.105.280 Single and sole source procurements.
(a) Except as provided in subsection (b) of this section, no specifications for the procurement of Products or General Services shall be written in a manner that limits the purchase to a single manufacturer or brand name product. A specification may reference a brand name if it is followed by the words "or equal" under circumstances where it is reasonably possible for equivalency to be demonstrated.
(b) A procurement shall be exempted from the requirements of subsection (a) of this section if the Purchasing Division Manager has determined that a particular Product or General Service may be specifically designated by reason of one or more of the following purposes:
(1) To acquire a specific product or performance for the purpose of conducting a field test or experiment to determine the product's suitability for use; (2) When required to ensure operation or function to match other products with respect to the repair, expansion or completion of a system, existing structure or program currently in use by the City, including but not limited to, utility and technology purchases required to achieve interoperability with existing systems or programs; (3) When the purchase of an item is only available from one source (sole source); (4) When a service is considered unique or unusual such that requirements for competitive procurement are contrary to public interest; and
(5) In order to make an emergency purchase pursuant to this chapter. (c) Nothing in this section shall prohibit the inclusion in specifications of an industry standard with regard to performance that can be met by more than one product or manufacturer. (d) Purchases of General Services or Products shall not be segregated or conducted in any manner for the purpose of avoiding the requirements of this section. (e) The Purchasing Division Manager shall establish written administrative procedures to carry out the provisions of this section.
2.105.290 Idle act.
Idle act shall mean that a competitive procurement process would not be useful or produce any advantage for the City. Idle acts include but are not limited to the following situations where:
(1) Specifications cannot be drawn in a way that would enable more than one bidder to meet them.
(2) It is impossible, as a practical matter, to obtain Products or General Services required and observe the competitive procurement requirements.
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(3) Due to circumstances beyond the control of the City, the time necessary to use the competitive procurement procedure would result in substantial economic loss to the City or substantial interference with a critical City operation.
2.105.300 Purchase orders and contracts- Signature authority.
Pursuant to Section 400 of the City Charter, authority to execute contracts with third parties for General Services and Products provided to the City shall be granted to certain City officials as follows:
(a) The City Manager, or his/her designee, is authorized to execute purchase orders and agreements on behalf of the City in amounts up to and including two hundred fifty thousand dollars ($250,000). Contracts with a value above these dollar limits require approval by the City Council. To determine the City Manager's signature authority threshold, the estimated total taxable amount over a five-year period, inclusive of any option years, shall be used. (b) The City Manager is authorized to delegate all or a portion of such authority to execute contracts to specified City employees at his/her discretion. Such delegation of authority shall be made in writing and filed with the City Clerk.
(c) The City Attorney shall approve the form of all contracts made by the City. (d) A contract in the form of a Purchase Order signed only by the City may be issued by the Finance Director who may delegate such authority to the Purchasing Division Manager at his/her discretion.
2.105.310 Surplus personal property.
The purpose of this section is to maximize for the City the benefits of the prompt and efficient sale, auction or disposal of the City's surplus personal property pursuant to Charter Section 1318, as follows:
(a) All City departments shall submit to the Purchasing Division Manager or designee at such times and on such forms as the City Manager shall prescribe, reports showing all personal property that is no longer used, that has become obsolete or worn out, or that has been acquired by the City as unclaimed property.
(b) The Purchasing Division Manager or designee is hereby delegated and shall have the authority to dispose of all surplus personal property that cannot be used by any City department or that has become unsuitable for City use as follows:
(1) When the estimated value is two thousand five hundred Dollars ($2,500) or less, by any method as determined by the Purchasing Division Manager or designee. (2) When the estimated value is greater than two thousand five hundred dollars ($2,500), at a virtual or physical auction conducted by an independent third-party auction house that is under contract for this purpose, or by posting the item(s) on the City's website or City designated website designated for such postings.
(c) The Purchasing Division Manager or his/her designee shall have the authority to exchange surplus personal property for, or trade in the same on new personal property without publishing a notice of intent to do so.
(d) City employees may bid upon or purchase any item for sale as follows:
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(1) The Chief of Police may, without City Council approval, determine the disposition of a police service dog by means of sale of the police service dog to its assigned handler. (2) The Chief of Police may, without City Council approval, determine the disposition of a police service firearm, as defined in Penal Code Section 16520, by sale of the firearm in an amount equal to its depreciated value, to a sworn officer who is eligible for a retirement identification card endorsed for carrying a concealed firearm, in accordance with all applicable State and Federal laws.
(3) City employees, except for Finance Department employees or any other employee with administrative access to bidding software, may without City Council approval bid upon any item up for public auction.
(e) If State or Federal law, or public safety concerns, renders inappropriate the disposition of an item of surplus property in the manner set forth in this section, such item may be disposed of as required by law, or by any other method deemed appropriate by the Purchasing Division Manager or his/her designee, regardless of the value of the item.
2.105.320 Climate friendly purchasing
The City's Sustainable Purchasing Policy should be followed to the extent possible. In particular, City staff should strive to purchase products that minimizes environmental impacts, toxins, pollution, and hazards to workers and the community to the greatest extent practicable, purchase products with recycled content, conserve energy and water, reduce greenhouse gas emissions, use unbleached or chlorine-free manufacturing processes, are lead and mercury free, and use wood from sustainable harvested forests." SECTION 3: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
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SECTION 4: 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 5: 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 30TH day of August, 2022, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT : COUNCILORS:
ABSTAINED: COUNCILORS :
Becker, Hardy, Jain, Park, and Watanabe
and Mayor Gillmor
None
Chahal
None
ATTEST:
ORA PIMENTEL, M C
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-151 Agenda Date: 9/13/2022
REPORT TO COUNCIL
SUBJECT
Consideration of the City of Santa Clara Electric Department dba Silicon Valley Power 2022 Wildfire Mitigation Plan and Independent Evaluation Report
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
BACKGROUND
On October 9, 2018, City Council took action on the initial determination of wildfire risk on the remote transmission assets for the City of Santa Clara associated with Silicon Valley Power (SVP). This action included direction to SVP staff to create a formal wildfire mitigation plan (WMP) for remote transmission assets owned by SVP required by California Public Utilities Code Section 8387, as amended by Senate Bill 901 in 2018.
On June 25, 2019, City Council approved SVP’s 2019 Wildfire Mitigation Plan. In accordance with State law, the WMP is reviewed annually. The most recent update was approved by City Council on June 8, 2021.
SVP’s service territory is contiguous with the City of Santa Clara (City) city limits with limited service in neighboring jurisdictions. The City is an urban environment and is surrounded on all sides by urban environments in other cities. Based on historical fire data and local conditions, and in consultation with the fire departments or other entities responsible for controlling fires within SVP’s geographical service area where the utility's overhead electrical lines and equipment are located, there is no significant risk of catastrophic wildfire resulting from those electrical lines and equipment.
Therefore, the WMP focuses on the management of five transmission assets outside of SVP’s service territory.
SVP owns remote generation facilities and related transmission assets, including, but not limited to, wires, poles, and other equipment needed to safely maintain and deliver power generated from generation assets located outside the City limits as follows:
· The Grizzly Hydroelectric Project (Grizzly), a part of the Bucks Creek Project, FERC No. 619, located in Plumas County, California, as set forth in the Grizzly Development and Mokelumne Settlement Agreement by and between Pacific Gas and Electric (PG&E) and Santa Clara, dated March 8, 1990, as amended (Grizzly Agreement). Through the project, SVP owns approximately 3.4 miles of a 115 kV generation tie line, extending from the Grizzly Powerhouse to, and including the end structure and disconnect switch, near Bucks Creek Powerhouse and all other facilities necessary for interconnection with PG&E's transmission City of Santa Clara Printed on 9/8/2022Page 1 of 4
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system. PG&E maintains the generation tie line. The generation tie line is in PG&E’s Wildfire Mitigation Plan.
· The Black Butte Hydroelectric Project (Black Butte), FERC No. 3190 dated May 5, 1983, and amended June 5, 1987. Through this project, SVP owns a 9.5 mile long 60 kV generation tie line interconnecting the project to PG&E’s existing 60 kV line near the city of Orland, California. SVP maintains the generation tie line.
· The Stoney Gorge Hydroelectric Project (Stoney Gorge), FERC No. 3193 dated July 15, 1983.
Through this project, SVP owns a one mile-long, 60 kV generation tie line connecting the project with PG&E’s Elk Creek Substation north of the powerhouse. SVP maintains the generation tie line.
· The High Line Canal Hydroelectric Project (High Line), FERC No. 7252 dated July 17, 1984.
Through this project, SVP owns an approximately 75 foot long 12 kV three phase generation tie line that interconnects with existing PG&E lines. SVP maintains the generation tie line. · A 4.98 percent ownership interest in a 230 kV double circuit transmission line between Castle Rock Junction and Lakeville Substation in the Geysers, as set forth in the Agreement of Co- tenancy in the Castle Rock Junction-Lakeville 230 kV Transmission Line, dated June 1, 1984.
This line supports SVP’s share of the Geothermal Generation Project with the Northern California Power Agency (NCPA). PG&E maintains the transmission line.
SVP used the 2018 California Public Utilities Commission (CPUC) Fire Threat Map (WMP Appendix A) and historical fire map data to determine the level of wildfire risk. The CPUC fire threat map has two tiers. Tier 2 fire-threat areas depict areas where there is an elevated risk (including likelihood and potential impact on people and property) from utility associated wildfires, and Tier 3 fire-threat areas depict areas where there is an extreme risk (including likelihood and potential impact on people and property) from utility associated wildfires. Properties that are owned by SVP but don’t have any generation, transmission, or distribution such as the Loyalton property are not part of the WMP.
DISCUSSION
The law requires that the WMP be independently reviewed by a qualified Independent Evaluator (IE) and the review be posted on the City’s website and presented to Council in a public meeting.
In 2021, SVP, through a competitive selection process, contracted with a qualified Independent Evaluator, Dudek, with experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of SVP’s WMP. Dudek has conducted a number of independent evaluation reports for other publicly owned utilitiesIn the attached Independent Evaluation Report, Dudek concluded that SVP’s Wildfire Mitigation Plan comprehensively addresses all the applicable statutorily required elements for a Publicly Owned Utilities’ WMP as specified in California Public Utilities Code Section 8387. Dudek finds that SVP has taken reasonable actions to minimize the risk that its lines or equipment may cause a wildfire. Finally, Dudek finds that SVP has reviewed the guidance documentation provided by the Wildfire Safety Advisory Board and it is making efforts to incorporated recommended improvements to their WMP.
The following changes were made in the 2022 Wildfire Mitigation Plan:
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1. Section I.B, clarified that the remote transmission assets are “generation tie” lines instead of “transmission” lines.
2. In Section IV.A, added language regarding the damage to the Grizzly generation tie line caused by the “Dixie” fire and clarification that it was not the ignition source of the wildfire.
3. In Section IV.B, added additional details about how staff identifies enterprise-wide safety risks and added description of System Operations Procedure for wildfire mitigation developed in 2019. (Recommended by the IE)
4. In Section V.B, added 1) footnote clarifying what SVP defines as the wildfire season; 2) clarification about frequency of monitoring the Northern California Geographic Area Coordination Center (ONCC) website; and 3) clarification about frequency of patrols during “high risk conditions”. (Recommended by the IE)
5. In Section V.C, added additional detail on how SVP meets and exceeds industry standards. More specifically, SVP mitigated the risk of expulsion fuses even though the fuses are not located in a high fire threat district. SVP also installed raptor guard at nine locations along Black Butte 60 kV generation tie line to harden them from raptor contact. (Recommended by IE)
6. In Section V.D, added additional language restating that SVP’s service territory is not in an area with high wildfire potential and that SVP has contracted with a professional tree service company to perform vegetation management as well as additional description about process working with SVP’s contracted vegetation management company. (Recommended by IE)
7. Section V.E, added additional language about the type of inspections performed and clarifying language on what is being evaluated during an inspection. (Recommended by IE)
8. Section VI, consolidated “Restoration of Service Section” and “Reclosing Policy”.
9. Section VIII, added description of SVP’s public process for adoption of SVP’s Wildfire Mitigation Plan.
10. Section XI, revised the independent auditor section to reflect that the plan has now been evaluated by an Independent Evaluator.
11. Appendix B, a table showing where each of the statutorily required element of the wildfire mitigation plan is located within the document. This was added per the request of Wildfire Safety Advisory Board Guidance Opinion.
12. Appendix C provides context setting information for the reader. This was also added per the request of the Wildfire Safety Advisory Board.
13. Other ministerial changes throughout the document.
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)(2) as a continuing administrative activity (general policy and procedure making).
FISCAL IMPACT
The creation of an SVP Wildfire Mitigation Plan consolidates and formalizes established SVP preventive maintenance procedures and practices. Related expenses have been included in the Generation and Transmission and Distribution program operating budgets within the Utility Operations Division.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
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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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Approve and adopt the 2022 Silicon Valley Power Wildfire Mitigation Plan; and
2. Note and file the Independent Evaluation Report issued by Dudek relating to its review and assessment of the comprehensiveness of the 2022 Silicon Valley Power Wildfire Mitigation Plan.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Independent Evaluation Report by Dudek
2. 2022 Wildfire Mitigation Plan - Clean
3. 2022 Wildfire Mitigation Plan - Redline
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August 23, 2022, 12108.05
Mr. Basil Wong
Silicon Valley Power, City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Subject: Independent Evaluation Report of Silicon Valley Power Wildfire Mitigation Plan 1 Introduction
Silicon Valley Power (SVP) contracted with Dudek to engage in an independent evaluation of its Wildfire Mitigation Plan (WMP). This independent evaluation report (Report) describes the technical review and evaluation of the WMP prepared by Dudek, performed in November 2021 and in March 2022, and completed on August 22, 2022.
Dudek conducted an evaluation of Silicon Valley Power’s WMP, as required under California Public Utilities Code (PUC) §8387(b). PUC §8387(b), as modified by Senate Bill (SB) 901, and the Administrative Law Judge’s Ruling issued on January 17, 2019 in California Public Utilities Commission (CPUC) Docket No. R.18-10-007 (ALJ Ruling), applies to publicly owned electric utilities and required preparation of a WMP before January 1, 2020, and revising/updating the WMP in 2020 and annually thereafter.
The WMP requirements are codified in PUC §8387(b)(2) for local publicly owned electric utilities (POUs). PUC §8387(c) requires that an independent evaluator review and assess the comprehensiveness of a POU’s WMP and issue a summary report.
Dudek conducted the initial review of SVP’s WMP and provided recommendations for clarifications/modifications on November 3, 2021. The focus of the evaluation was to determine whether the WMP included all elements required under PUC §8387(b)(2) (listed in Attachment A). The first evaluation determined that the SVP’s 2021 Wildfire Mitigation Plan did not include all the PUC §8387(b)(2) requirements. Dudek supplied recommendations to SVP staff on the missing elements in their WMP in a report sent to SVP in November 2021. Follow up calls and emails were exchanged from March 2022 to July 2022 which included discussions of the elements identified by Dudek. In August 2022, Silicon Valley Power staff provided a copy of their revised WMP for Dudek to review and the revised WMP was determined to meet the PUC §8387(b)(2) requirements.
In addition to evaluating the elements required by the Public Utility Code, Dudek evaluated the WMP for compliance with the Wildfire Safety Advisory Board (WSAB) Publicly Owned Utilities (POUs) WMP guidance recommendations and to address any deficiencies in the WSAB review of the WMP that was published in their February 2022 Guidance Advisory Opinion for the 2022 Wildfire Mitigation Plans of Electric Publicly Owned Utilities and Rural Electric Cooperatives. Following updates, the WMP was found to meet the recommendations for the Silicon Valley Power utility in the Guidance Advisory Opinion for 2022 Publicly Owned Utilities.
2 Wildfire Mitigation Plan Requirements
A. Senate Bill 901
Per Senate Bill (SB) 901, all Publicly Owned Utilities are required to adopt a Wildfire Mitigation Plan (WMP), which shall be reviewed by an independent third-party evaluator. SB 901 requires the governing board to determine whether any portion of the geographical area where the utility’s overhead electrical lines and equipment are
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located has a significant risk of catastrophic wildfire resulting from those electrical lines and equipment. The bill directs electrical utilities to annually prepare WMPs that include several mitigation and response elements in each utility’s strategies, protocols, and programs. Each electric utility is to prepare and adopt a comprehensive WMP before January 1, 2020. The requirements for POUs are presented in PUC §8387. In addition, the WMP shall be reviewed by an approved, independent, third-party evaluator to review and assess the comprehensiveness of, and the POU’s compliance with, this Plan.
B. AB 1054 & AB 111
Per Assembly Bill (AB) 1054, POUs must annually submit a WMP to the California Wildfire Safety Advisory Board, which will review the WMP and provide recommendations on mitigating wildfire risk. AB 1054 contains similar WMP requirements to SB 901 but allows WMPs of a three-year, rather than one-year duration.
AB 111 establishes the Wildfire Safety Division within the Public Utilities Commission.
C. Silicon Valley Power WMP Requirements
PUC §8387(b)(2) lists the statutory requirements for WMPs. These are the specific elements that the independent evaluator must review to make its determination for this report. The specific elements that must be addressed in SVP’s WMP are summarized here for reference. • The responsibilities of persons responsible for executing the plan. • The objectives of the wildfire mitigation plan.
• The preventive strategies and programs to be adopted to minimize the risk of its electrical lines and equipment causing catastrophic wildfires.
• The metrics to use to evaluate the wildfire mitigation plan's performance. • How the application of previously identified metrics has informed the wildfire mitigation plan. • Protocols for disabling reclosers and deenergizing portions of the electrical distribution system that consider the associated impacts.
• Procedures for notifying a customer who may be impacted by the deenergizing of electrical lines. • Plans for vegetation management.
• Plans for inspections of the electrical infrastructure. • Description of wildfire risks, and drivers for those risks, throughout the service territory, including design, construction, operation, and maintenance of equipment and facilities, and topographic and climatological risk factors.
• Identification of any geographic area in the service territory that is a higher wildfire threat than is identified in a commission fire threat map.
• Identification of enterprise-wide safety risk and wildfire-related risks. • How the service will be restored after a wildfire.
• The processes and procedures used to monitor and audit the implementation of the wildfire mitigation plan, identify any deficiencies, and the effectiveness of electrical line and equipment inspections. 3 Description of Silicon Valley Power
Silicon Valley Power (SVP) is the City of Santa Clara municipal electric utility. SVP has substations and electrical facilities within the utility’s service territory and in PG&E’s service territory. The utility’s service territory is generally defined as the area within the city limits of the City of Santa Clara. SVP provides electricity to consumers within the city. SVP’s service territory is in the relatively flat Santa Clara valley and is an urban environment that is surrounded by urban environments. This portion of the utility’s territory is not located within a Tier 2 or 3 Fire Threat district and with the nearest Tier 2 or 3 areas separated from the SVP’s assets by several miles of urban DUDEK
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development. With the exception of scattered vacant lots and the areas along the creeks, this area of SVP’s service territory lacks the volume and continuity of surface vegetation to sustain a destructive wildfire.
SVP has remote transmission assets which are located outside of the city limits of the City of Santa Clara in PG&E’s service territory. This second area consists of five separate sections of lines; the Grizzly tie line, a 3.4 mile long transmission line in Plumas County, the Black Butte tie line a 9.5 mile long transmission line near the City of Orland in Glenn County, the Stoney Gorge tie line a 1 mile long transmission line in Glenn County, High Line Canal interconnection a 75 foot long transmission line in Glenn County, and the Castle Rock-Lakeville transmission lines are transmission lines in Sonoma and Napa county that SVP shares ownership with PG&E where PG&E is responsible for the operations and maintenance of the lines. All of SVP’s remote assets are in rural or undeveloped areas crossing through hilly and rugged terrain. The Grizzly tie line, Stoney Gorge tie line, and Castle Rock-Lakeville transmission line are in Tier 2 and Tier 3 fire threat areas. The Black Butte tie in and the High Line Canal interconnection are located outside of the high fire threat areas but cross through areas of unmanaged vegetation. This area contains areas of continuous vegetation including grasslands and woodlands that can sustain a wildfire, in recent years portions of the SVP’s remote assets in Napa and Plumas Counties have been impacted by nearby large wildfires.
SVP has taken appropriate actions to help prevent and respond to the increasing risk of devastating wildfires by following all applicable design, construction, operation, and maintenance requirements that reduce safety risks associated with its electric system.
4 Independent Evaluation
A. Independent Evalua tor Requirement
PUC §8387 requires each POU to “contract with a qualified independent evaluator with experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of its wildfire mitigation plan.” Additionally, the independent evaluator’s assessment of the comprehensiveness of the POU’s WMP must be issued in a report that is both posted to the POU’s website and presented at a public meeting of the POU’s governing board.
B. Dudek’s Qualifications
According to PUC §8387(c), the qualified independent evaluator that performs the assessment of SVP’s WMP must have “experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of its wildfire mitigation plan.” SVP has determined that Dudek is the independent evaluator who adequately understands the local conditions and fire risks of the service area.
C. Evaluation Methodology
Dudek evaluated the comprehensiveness of the SVP’s 2022 WMP on the following measures:
• Statutory Compliance: Dudek ensured that each required element specified in PUC §8387 is either addressed in SVP’s WMP or that SVP has sufficiently described why that element is not applicable due to SVP’s size, geography, system or other relevant factor. • Fulfillment of Wildfire Safety Advisory Board Guidance: Dudek reviewed WSAB guidance publications for Publicly Owned Utilities for recommendations that were relevant to the SVP’s WMP and then compared the Board’s recommendation to the content of the WMP.
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• Industry Comparison: Dudek is familiar with existing industry practices and has reviewed the WMPs filed with the CPUC by similar POUs. Dudek has compared SVP’s WMP to the contents of these similar POU’s as well as reviewing which industry standard wildfire prevention measures are being utilized by the agency
D. Metrics
The SVP’s Wildfire Mitigation Plan uses the following metrics to measure performance of its wildfire mitigation measures: (1) number of fire ignitions, and (2) wires down events. Dudek has determined that these are appropriate metrics for this WMP and that the WSAB has concluded that these two metrics, are generally acceptable metrics for a WMP.
Dudek recommends that the SVP consider adding a new metric or revising one of the current metrics to integrate a metric that shows the actions SVP is taking to reduce wildfire ignition risk for their remote assets. The current metrics show the outcome of the SVP’s wildfire prevention strategies but do not provide much insight into the effectiveness of the elements of the SVP’s wildfire prevention strategies.
5 Evaluation of the Silicon Valley Power Wildfire
Mitigation Plan
A. Minimizing Wildfire Risks
PUC §8387(a) requires the following: “Each local publicly owned electric utility and electrical cooperative shall construct, maintain, and operate its electrical lines and equipment in a manner that will minimize the risk of wildfire posed by those electrical lines and equipment.”
The WMP describes the safety-related measures that SVP follows to reduce its risk of causing wildfires. Dudek has determined that Silicon Valley Power complies with this standard through the design of its system, its operational practices, and the construction of its equipment and resources.
B. Evaluation of WMP Elements
Dudek found that SVP’s WMP meets the statutory requirements of comprehensiveness per PUC §8387. The review of the WMP’s elements is summarized relative to the application of the WMP. The table in Attachment A lists each required element for SVP’s WMP and provides Dudek’s assessment of the comprehensiveness of that element within the WMP.
Below is a summary of the WMP elements as required by PUC §8387, including restating sections of the WMP where applicable.
8387(b)(2)(A): Responsibilities of Persons Responsible for Executing the Plan.
Silicon Valley Power’s Chief Electric Utility Officer is responsible for the implementation of the WMP. The Electric Chief Operating Officer ensures agency staff receive the wildfire prevention training described in the WMP. The Electric Chief Operating Officer also ensures that the utility complied with relevant federal, state, and industry standards. The Assistant Director of Electric Operations is responsible for operating the utilities electrical system in a manner that will minimize the potential wildfire risks.
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8387(b)(2)(B): Objectives of the Wildfire Mitigation Plan The objectives of the WMP are to: A.) minimize the probability that SVP’s system is the origin or contributing source for a wildfire ignition, B) improve the resiliency of the electric grid, specifically to reduce the likelihood of an interruption of service and an improvement in the restoration of service after an interruption, and C) to improve the effectiveness of their wildfire prevention strat egies by modifying or replacing elements of their wildfire prevention program that are ineffective 8387(b)(2)(C): Prevention Strategies and Programs
SVP’s strategies to reduce wildfire risk is composed of five programs (1) Weather Monitoring and enhanced line patrols during high wildfire risk periods, (2) Ensuring all equipment design and construction meets CPUC GO 95 standards, (3) a vegetation management program that complies with CPUC GO 95 and PRC 4293 and treats the vegetation near its overhead circuits at its remote assets in Glenn and Tehama Counties as if they are located in a High Fire Threat Area regardless of whether they are located in one or not , (4) an inspection program that complies with CPUC GO 165 and GO 95, and includes an inspection process for its remote assets during high fire danger conditions, and (5) workforce training for staff responsible for the implementation of wildfire prevention programs. 8387(b)(2)(D): Metrics and Assumptions for Measuring WMP Performance The SVP WMP uses two metrics to measure performance of its wildfire mitigation measures: (1) number of fire ignitions, and (2) wires down events. Dudek has determined that these are appropriate metrics for this WMP.
8387(b)(2)(E): Impact of Previous Metrics on WMP
The WMP describes that SVP will perform an analysis of each wire down or new ignition, and then will evaluate the WMP for potential improvements to the plan. Also described is that there have neither a wires down event nor a fire ignition event since the WMP created in January 2019. 8387(b)(2)(F): Reclosing Protocols
SVP does not have reclosers or reclosing schemes on any of its remote lines. This is a typical industry standard for distribution and transmission wires in rugged and remote terrain. 8387(b)(2)(G): De-energization Notification Procedures
SVP would make the decision to de-energize its lines due to fire threat conditions on a case-by-case decision and based on the weather and fuels conditions in the area around their remote assets as well as input from staff, fire and vegetation experts, and local fire officials. Since all of WVP’s remote lines are generation tie-ins only, no residential or commercial customers would be impacted only other electric providers. In the event that SVP de-energizes one or more of its lines, it would do so in coordination with PG&E and other impacted utilities
8387(b)(2)(H): Vegetation Management
Silicon Valley Power has a line clearance and tree trimming program for its service territory and remote assets that complies with CPUC and PRC requirements. The WMP describes SVP’s vegetation management program as a tree trimming program only that does not use herbicides or growth regulators.
For the remote assets in Glenn and Tehama Counties, the SVP WMP describes that tree trimming is DUDEK
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performed to CPUC requirements for High Threat Areas even though the remote assets are not located within a high fire threat area.
8387(b)(2)(I): Inspections
SVP performs annual inspections of its transmission and distribution facilities in accordance with General Order 95 and General Order 165. Silicon Valley Power performs separate inspections for vegetation clearance and physical inspections of their equipment. Their inspections are performed every two years with the goal of completing their scheduled inspections before the start of fire seaso n. SVP has an enhanced inspection program for both their equipment and nearby vegetation that uses the fire danger rating from the area Geographic Area Coordinating Center (the ONCC). During periods where the fire danger rating is High Risk when a Red Fla g Warning is declared then SVP will perform additional vegetation and equipment inspections with sole purpose of identifying conditions that could lead to a new fire ignition. 8387(b)(2)(J)(i): Risks and Risk Drivers Associated with Design and Construction Standards There is a section of the SVP WMP titled “Wildfire Risks and Drivers Associated with Design, Construction, Operation, and Maintenance” that provides an overview of each of the SVP’s remote assets. Risks and risk drivers associated with design and construction standards are not specifically stated for each remote asset; however, the WMP does describe the surrounding environment for each remote asset including where lines overhang vegetation or non-combustible surfaces such as a road. The WMP states that its equipment and assets within its service territory (the City of Santa Clara) have minimal risk of wildfire and are not described further.
8387(b)(2)(J)(ii): Risks and Risk Drivers Associated with Topographic and Climatological Risk Factors Similar to the risks and risk drivers associated with design and construction standards, the WMP provides a description of each remote asset and its surrounding environment including the dominant vegetation cover or land use.. Risks and rivers associated with climate and terrain are identified for some of the remote assets, specifically the areas where its tie-in lines cross through a high fire hazard zone. 8387(b)(2)(L): Enterprise-wide Safety Risks
The WMP describes how SVP has utilized senior staff and third-party subject matter experts to review enterprise-wide safety risks including wildfire risks. Silicon Valley Power also engages other utilities to compare the standards practiced by each utility and ensure that their standards comply with current industry standards.
8387(b)(2)(M): Restoration of Service
For its remote assets, the WMP described the restoration of service process. After a de-energization event, SVP would restore service in coordination with PG&E’s restoration efforts. Silicon Valley Power would only re-energize lines after a physical inspection. In the event of an active nearby fire the restoration of power would done in coordination with local public safety officials as well. 8387(b)(2)(N)(i): Monitoring and Auditing WMP Implementation Silicon Valley Power has a qualified Independent Evaluator review their WMP on an annual basis. Silicon Valley Power performs an annual review of their WMP that includes the monthly review of the plan by SVP DUDEK
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staff. Updates recommended by staff are incorporated into the WMP and then the plan is presented to the Santa Clara City Council for review.
8387(b)(2)(N)(ii): Identifying and correcting WMP deficiencies Silicon Valley Power compiles information on deficiencies in the WMP and its strategies that are found by staff, contractors, and subject matter experts. Silicon Valley Power staff reviews this information about the deficiencies and implements improvements as appropriate. 8387(b)(2)(N)(iii): Monitoring and Auditing the effectiveness of inspections Silicon Valley Power collects information on vegetation or equipment issues discovered during inspections. Inspection data is reviewed on an annual basis and trends in the plan metrics, repeated issues, or issue resolution are identified during the annual review. The inspection program is then adjusted accordingly.
6 Wildfire Safety Advisory Board Recommendations
The Wildfire Safety Advisory Board produces guidance documents for publicly owned utilities annually. These documents describe elements that should be revised o r expanded in future WMPs to better organize the plan, clarify where PUC required information can be found, and to provide a more comprehensive description of the utility’s wildfire prevention programs. Dudek reviewed the WSAB most recent guidance document and compared contents of the SVP’s 2022 WMP to each recommended element.
1. Plan Structure, Staffing, and Evaluations
A. Context Setting Information: The WSAB recommended that POU’s use an upfront table that contains information about the utility including number of customers, the size of its service areas, the service area within a high fire threat area, asset mix, and more. The intent was to provide a reviewer of the plan with a plain and accessible summary of the utility. The WSAB provided a template for this table in 2021. Silicon Valley Power’s WMP uses the WSAB context information template and has added the completed table as an appendix to their plan.
B. General WMP Objectives: Many POU’s use two general objectives; 1. Minimizing sources of ignition and
2. Improving the resiliency of the grid. These are valid objectives, but the WSAB believes that they may lead to limited approach by a utility to wildfi re prevention. The WSAB recommends that POU’s take a broader approach to their objectives and consider objectives that mitigate other risks associated with wildfire such as minimizing wildfire spread. Silicon Valley Power’s WMP objectives include these two general objectives.
C. Staff Responsibilities and Approval Protocols: The WSAB requested that future WMPS include additional context information regarding the public input and approval processes for the WMP of each POU. The WMP contains a short description in the Overview and Monitoring and Auditing the Plan sections of the WMP approval process that includes staff review of the WMP, the review WMP of the City Council , and an opportunity to discuss the WMP and the IE report during a public meeting.
D. Metric Development and Evaluation: Many POU’s use two basic metrics; 1. New ignitions and 2. Wires down. These are valid metrics, but the WSAB recommends that POU’s consider adding or replacing these metrics with ones that better apply to their service territory and metrics that show progress towards an outcome as opposed to a metric that shows the outcome. The WMP has the two-basic metrics, and these DUDEK
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are relevant metrics to the SVP’s assets. The SVP does track their two current metrics and the result are published in the WMP
2. Grid Design, System Hardening, Operations and Inspections:
A. In 2021 the WSAB requested POUs answer s everal questions about their system design and construction. The questions: 1. Are there design or construction issues related to the utility’s specific topography or geographic location that the Board should be aware of? 2.How will the utility address ris ks associated with facilities requiring power that abut a Tier 2 or Tier 3 HFTD? 3.How does the utility assess its risks associated with system design and construction? 4.In what areas does the utility consider going above and beyond G.O. 95 or other General Order standards related to design and construction? The SVP’s WMP provides a short but detailed summary of each of their remote transmission lines that includes the terrain the line traverses, whether it is in or near a fire threat area . The WMP does not fully address the WSAB four questions, specifically there is no section in the WMP that SVP describes how it addresses risks associated with its system design or construction.
B. The WSAB observed that the many POU WMPs state that they meet or exceed the CPUC GO 95 standards for their inspections. The WSAB comment is that the WMPs do not state if the POU are meeting the minimum standards of GO 95 or exceeding it where circumstances merit it. The WSAB is recommending that WMPs include a description of whether their inspection programs go beyond the GO 95 standards, why they do, and how they do. Silicon Valley Power’s WMP states in several sections that they “meet or exceed” the minimum industry standards. The WMP does describe situations where SVP staff will perform inspections that exceed General Order requirements. Specifically, SVP has a patrol program for monitoring its remote assets during period of high or extreme fire danger . The WMP describes the conditions that would trigger these inspections, where they will be performed, and when these inspections will be performed.
C. The WSAB would like POUs to include in their WMPs a description of the new ideas or enhanced protocols the utility is considering in the design, building, and maintaining their system to mitigate the wildfire risk in the future. The WMP does include a d escription of the location of the remote assets where the SVP uses enhanced protocols and what those protocols are (e.g., greater vegetation clearance or thermal and coronal imaging.). The WMP does specifically state in section V that there are ‘no other planned hardening measures at this time…’.
3. Vegetation Management and Inspections:
The WSAB requested that POUs describe their vegetation management practices and evaluate their impact on reducing wildfire related risk as well as the ecological impacts of the treatment options chosen. Silicon Valley Power’s WMP has a description of the vegetation management program that includes their vegetation management practices i.e., tree trimming. The WMP does not include an evaluation of the wildfire risk reduction achieved (beyond meeting the CPUC requirements) or their ecological impact. 7 Comparison of Industry Standards to the Operations and Equipment in use by Silicon Valley Power
Dudek compared operational procedures and equipment used by the SVP to mitigate wildfire risk in their service territory with mitigation measures in approved Wildfire Mitigation Plans from a similar utilities and electrical industry standards.
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Avian Deterrents
The SVP has installed avian deterrents 60 kV Black Butte line, a 9.5-mile-long transmission line that traverses rolling hills covered with annual grasses and agricultural fields. Large birds are a common hazard for power line poles and towers, installing these devices along this line prevents large birds from using the towers as perches and nesting sites. This is a typical industry practice and a CALFIRE recommended practice to prevent equipment failure and wildfire ignitions due to electrocuted birds or the accumulation of bird droppings on electrical equipment.
Expulsive fuses
At one of SVP’s remote asset locations, the High Line Canal Interconnection, there are expulsive fuses. The High Line Interconnection is a 75-foot-long section of line is located above a dirt and gravel road outside of a high fire threat zone. Silicon Valley Power does not have plans to replace these with non -expulsive fuses, instead the SVP mitigates the risk of expulsive fuses starting a wildfire by clearing all vegetation within 10 feet of their poles. This accomplishes the same intent as expulsive fuse replacement and minimizes the risk that the expulsive fuse would land in a receptive fuel bed and start a wildfire.
Disabling Reclosing Operations
SVP does not have reclosers or reclosing schemes on its remote lines. In the event that one of its remotes lines is de-energized because of a wildfire then that line would only be re -energized after it was physically inspected. Re - energization operations would be performed in accordance with the utility’s policies and in coordination with PG&E and public safety officials.
8 Conclusion
Dudek concludes that the Silicon Valley Power utility’s Wildfire Mitigation Plan comprehensively addresses all the applicable statutorily required elements for a Publicly Owned Utilities’ WMP as specified in California Public Utilities Code Section 8387. Dudek finds that SVP has taken reasonable actions to minimize the risk that its lines or equipment will cause a wildfire. Finally, Dudek finds that SVP has reviewed the guidance documentation provided by the Wildfire Safety Advisory Board and it is making efforts to incorporated recommended improvements to their WMP.
Sincerely,
____________________________________
Jeremy Cawn
Fire Protection Planner/Urban Forestry Specialist
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SILICON VALLEY POWER
WILDFIRE
MITIGATION
PLAN
AUGUST 2022
TABLE OF CONTENTS
I. OVERVIEW ........................................................................................................................................... 4 A. POLICY STATEMENT ......................................................................................................................... 4 B. PURPOSE OF THE WILDFIRE MITIGATION PLAN .............................................................................. 4 C. ORGANIZATION OF THE WILDFIRE MITIGATION PLAN ................................................................... 5 II. OBJECTIVES OF THE WILDFIRE MITIGATION PLAN ................................................................... 6 A. MINIMIZING SOURCES OF IGNITION ............................................................................................... 6 B. RESILIENCY OF THE ELECTRIC GRID ............................................................................................... 6 C. IDENTIFYING UNNECESSARY OR INEFFECTIVE ACTIONS ................................................................. 6 III. ROLES AND RESPONSIBILITIES ....................................................................................................... 7 A. UTILITY GOVERNANCE STRUCTURE ................................................................................................. 7 B. WILDFIRE PREVENTION ................................................................................................................... 7 C. WILDFIRE RESPONSE AND RECOVERY ............................................................................................ 8 IV. WILDFIRE RISKS AND DRIVERS ASSOCIATED WITH DESIGN, CONSTRUCTION, OPERATION, AND MAINTENANCE ....................................................................................................... 9 A. PARTICULAR RISKS AND RISK DRIVERS ASSOCIATED WITH TOPOGRAPHIC AND CLIMATOLOGICAL RISK FACTORS ............................................................................................................ 9 B. IDENTIFYING AND PRESENTING ENTERPRISEWIDE SAFETY RISK .................................................... 10 C. CHANGES TO CPUC FIRE THREAT MAP ..................................................................................... 10 V. WILDFIRE PREVENTATIVE STRATEGIES ........................................................................................ 11 A. HIGH FIRE THREAT DISTRICT ......................................................................................................... 11 B. WEATHER MONITORING ............................................................................................................... 11 C. DESIGN AND CONSTRUCTION STANDARDS ................................................................................. 12 D. VEGETATION MANAGEMENT ........................................................................................................ 12 E. INSPECTIONS ................................................................................................................................. 14 F. WORKFORCE TRAINING ................................................................................................................ 15 VI. RECLOSING POLICY ....................................................................................................................... 15 VII. DEENERGIZATION ............................................................................................................................ 15 VIII. COMMUNITY OUTREACH AND PUBLIC AWARENESS ...................................................... 15 IX. METRICS AND ASSUMPTIONS FOR MEASURING PLAN PERFORMANCE ........................... 16 A. IMPACT OF METRICS ON PLAN .................................................................................................... 16 X. MONITORING AND AUDITING THE PLAN ................................................................................. 17 A. IDENTIFYING AND CORRECTING DEFICIENCIES IN THE PLAN ....................................................... 17 B. MONITORING THE EFFECTIVENESS OF INSPECTIONS ..................................................................... 17 XI. INDEPENDENT AUDITOR ................................................................................................................ 17 APPENDIX A – LOCATION MAPS .............................................................................................................. 19 APPENDIX B – PUC 8387(b) REQUIREMENTS TABLE ................................................................................. 24 APPENDIX C – CONTEXT SETTING INFORMATION ................................................................................... 26
Silicon Valley Power Wildfire Mitigation Plan
August 2022
4 I. OVERVIEW
A. Policy Statement
Silicon Valley Power (SVP) is the City of Santa Clara’s municipally owned electric utility. SVP’s mission and overarching goal is to provide safe, reliable, affordable, and sustainable energy services with exceptional customer focus. In order to meet this goal, SVP constructs, maintains, and operates its own electrical lines and equipment. SVP carries out these activities in a manner that minimizes the risk of catastrophic wildfire posed by its electrical lines and equipment.
B. Purpose of the Wildfire Mitigation Plan
This Wildfire Mitigation Plan describes the range of activities that SVP is taking to minimize the risk of wildfires ignited by its electrical lines and equipment, including its various programs, policies, and procedures. This plan is subject to direct approval and oversight by the Santa Clara City Council and is implemented by the Santa Clara City Manager. This plan complies with the requirements of Public Utilities Code section 8387 for publicly owned electric utilities to prepare a wildfire mitigation plan by January 1, 2020, and annually thereafter.
SVP is a department within the City of Santa Clara (City). SVP coordinates closely with the City’s Fire Department and Police Department in the planning for and response to any emergency event within the City. SVP also owns, operates and maintains remote transmission assets outside the limits of the City as further described below and shown in Appendix A. SVP coordinates with local fire and other public safety agencies that have jurisdictions in those locations.
SVP’s service territory is contiguous with the City of Santa Clara city limits with limited exceptions in neighboring jurisdictions. The City is an urban environment and is surrounded on all sides by urban environments in other Cities. Pursuant to Public Utilities Code section 8387(b)(2) the City Council has determined that, based on historical fire data and local conditions, and in consultation with the Fire Department that there is no significant risk of catastrophic wildfire resulting from electrical lines and equipment located within SVP’s geographical service area.
Outside of SVP’s geographic service area, SVP operates electrical lines and equipment in five separate remote locations in Northern California. Some of these remote assets are located in a CPUC High Fire Threat District. The Wildfire Mitigation Plan contains a description of the operations and equipment that Silicon Valley Power utilizes to minimize the risk of wildfire being ignited by our assets with specific strategies for our assets that are located in high fire hazard severity areas, high fire threat areas, or areas we have determined have a high risk for sustaining a destructive wildfire.
SVP owns remote transmission assets, including, but not limited to, wires, poles, and other equipment needed to safely deliver power generated from generation assets located outside the City limits to the grid as more fully described below:
Grizzly Tie Line - SVP owns the Grizzly Hydroelectric Project (Grizzly), a part of the Bucks Creek Project, FERC No. 619, located in Plumas County, California, as set forth in the Grizzly Development and Mokelumne Settlement Agreement by and between Pacific
Silicon Valley Power Wildfire Mitigation Plan
August 2022
5 Gas and Electric (PG&E) and Santa Clara, dated March 8, 1990, as amended (Grizzly Agreement). Through the project, SVP owns approximately 3.4 miles of a 115 kV generation tie line, extending from the Grizzly powerhouse to, and including the end structure and disconnect switch, near Bucks Creek Powerhouse and all other facilities necessary for interconnection with PG&E's transmission system. PG&E operates and maintains project including the generation tie line through the Grizzly Operations and Maintenance Agreement. The generation tie line is included as part of PG&E’s Wildfire Mitigation Plan.
Black Butte Tie Line - SVP owns the Black Butte Hydroelectric Project (Black Butte), FERC No. 3190 dated May 5, 1983 and amended June 5, 1987. Through this project, SVP owns a 9.5 mile long 60kV generation tie line interconnecting the project to PG&E’s existing 60 kV line near the City of Orland, California. SVP operates and maintains the generation tie line.
Stony Gorge Tie Line - SVP owns the Stoney Gorge Hydroelectric Project (Stoney Gorge), FERC No. 3193 dated July 15, 1983. Through this project, SVP owns a one mile-long, 60 kV generation tie line connecting the project with PG&E’s Elk Creek Substation north of the powerhouse. SVP operates and maintains the generation tie line. High Line Canal Interconnection - SVP owns the High Line Canal Hydroelectric Project (High Line), FERC No. 7252 dated July 17, 1984. Through this project, SVP owns an approximately 75 foot long 12 kV three phase generation tie line that interconnects with existing PG&E lines. SVP operates and maintains the generation tie line. Castle Rock- Lakeville Transmission Line - SVP has a 4.98 percent ownership interest in a 230 kV double circuit transmission line between Castle Rock Junction and Lakeville Substation in the Geysers, as set forth in the Agreement of Co-Tenancy in the Castle Rock Junction-Lakeville 230 kV Transmission Line, dated June 1, 1984. This line supports SVP’s share of the Geothermal Generation Project with the Northern California Power Agency (NCPA). PG&E has a 77.2 percent ownership interest in the line, and is responsible for operations and maintenance.
Appendix A contains maps showing the geographic areas of these assets.
C. Organization of the Wildfire Mitigation Plan
This Wildfire Mitigation Plan included the following elements:
Objectives of the plan;
Roles and responsibilities for carrying out the plan; Identification of key wildfire risks and risk drivers; Description of wildfire prevention, mitigation, and response strategies and programs; Reclosing Policy
De-Energization Policy
Community outreach and education;
Silicon Valley Power Wildfire Mitigation Plan
August 2022
6 Metrics for evaluating the performance of the plan and identifying areas for improvement; and
Review and validation of the plan.
II. OBJECTIVES OF THE WILDFIRE MITIGATION PLAN
A. Minimizing Sources of Ignition
The primary goal of this Wildfire Mitigation Plan is to minimize the probability that SVP owned electrical lines and equipment may be the origin or contributing source for the ignition of a vegetation fire. This plan is intended to supplement, but not replace or duplicate applicable building and fire codes. SVP has evaluated its physical assets, operations, and training that can help to meet this objective. Through this evaluation, SVP has identified prudent and cost effective improvements that have been implemented.
B. Resiliency of the Electric Grid
The secondary goal of this Wildfire Mitigation Plan is to improve the resiliency of the electric grid.
As part of the development of this plan, SVP assesses new industry practices and technologies that will reduce the likelihood of an interruption (frequency) in service and improve the restoration (duration) of service.
C. Identifying Unnecessary or Ineffective Actions
The goal for this Wildfire Mitigation Plan is to measure the effectiveness of specific wildfire mitigation strategies. Where a particular action, program component, or protocol is determined to be unnecessary or ineffective, SVP will assess whether a modification or replacement is merited. This plan will also help determine if more cost-effective measures would produce the same or improved results.
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7 III. ROLES AND RESPONSIBILITIES
A. Utility Governance Structure
The City of Santa Clara is a charter city located in the state of California and has adopted a Council/Manager form of government. Pursuant to its charter, the City has the power to furnish electric utility service within its service territory. In connection therewith, the City has the powers of eminent domain, to contract, to construct works, to fix rates and charges for commodities or services it provides and to incur indebtedness. The City provides electric utility service through its electric utility department under the trademarked name of “Silicon Valley Power.” The legal responsibilities and powers of the City are exercised by the elected seven-member Santa Clara City Council. The City Council appoints the Santa Clara City Manager who acts as the Chief Administrative Officer for the City. SVP is operated under the direction of the Chief Electric Utility Officer who, together with certain other senior managers of SVP, is appointed by and reports to the Santa Clara City Manager. The Chief Electric Utility Officer is responsible the implementation of this Wildfire Mitigation Plan.
B. Wildfire Prevention
The Electric Chief Operating Officer coordinates the day to day operation of the utility through the Assistant Directors. The Electric Chief Operating Officer is specifically responsible for the following:
Assuring that all employees receive regular training as required for the implementation of this Wild Fire Mitigation Plan.
Complying with relevant federal, state, and industry standard requirements, including the industry standards established by the California Public Utilities Commission.
City Manager
Chief Electric Utility
Officer
Assistant Director –
Resource Planning &
Customer
Engagement
Electric Utility Chief
Operating Officer
City Attorney
Assistant Director –
Customer
Development &
Project Management
Assistant Director –
Electric Utility
Operations
Assistant Director –
Business Services
Santa Clara City Council
~II II l~I _
Silicon Valley Power Wildfire Mitigation Plan
August 2022
8 The Assistant Director of Electric Utility Operations is specifically responsible for operating and maintaining the system in a manner that will minimize potential wildfire risks including, but not limited to:
Taking all reasonable and practicable actions as described in the Wildfire Mitigation Plan to minimize the risk of a catastrophic wildfire caused by SVP’s electric facilities. Coordinating with federal, state, and local fire management personnel as necessary or appropriate to implement the Wildfire Mitigation Plan.
Collecting and maintain wildfire data necessary for the implementation of this Wildfire Mitigation Plan.
Taking corrective action when the staff witnesses or is notified that fire protection measures have not been properly installed or maintained.
All SVP employees and contractors are responsible for actively taking precautions to prevent fires, reporting potentially unsafe conditions and immediately report fires, pursuant to existing SVP’s practices and the requirements of this Wildfire Mitigation Plan.
C. Wildfire Response and Recovery
All SVP employees and contractors are responsible for immediately reporting fires by calling 911 and providing all information required for responsible fire agencies to respond. If the fire involves or is in the vicinity of any SVP facility, SVP’s Electric Control should be notified immediately after calling 911.
If the facility is operated under SVP control (Black Butte, Highline and Stony Gorge), Electric Control shall verify with the caller that 911 has been notified and then take action to de-energize any line or other facility potentially creating a hazard to the first responders. If a facility is already de-energized, Electric Control will take any action necessary to assure that it is not re-energized until it is safe to do so. Electric Control will dispatch appropriate personnel to coordinate with first responders and then promptly notify management through the text and email notification process.
If the facility is operated under PG&E control (Grizzly and Castle Rock/Lakeville), Electric Control shall verify with the caller that 911 has been notified and then promptly notify management through the text and email notification process.
The Electric Chief Operating Officer is responsible for notifying the Chief Electric Utility Officer and City Manager’s Office. The City Manager is responsible for informing the City Council as appropriate.
The Assistant Director of Utility Operations will coordinate SVP’s investigation into any fire involving SVP facilities and will coordinate with the appropriate fire or other agency investigations. The Assistant Director of Utility Operations will also coordinate restoration of SVP facilities.
Silicon Valley Power Wildfire Mitigation Plan
August 2022
9 IV. WILDFIRE RISKS AND DRIVERS ASSOCIATED WITH DESIGN, CONSTRUCTION,
OPERATION, AND MAINTENANCE
A. Particular Risks and Risk Drivers Associated With Topographic and Climatological Risk Factors
As discussed above, there is no significant risk of catastrophic wildfire within SVP’s service territory. However, to ensure reliability and high levels of customer safety and service, SVP performs vegetation management through an area trimming program throughout its service territory on a five year cycle and enhanced focus areas based on outage history in addition to annual and five year facility inspection programs.
Although specific risks differ for each line outside of the SVP service territory, risks associated with extended drought, changing weather patterns and climate change apply to all of the lines.
Each of the lines with the exception of the High Line Canal Interconnection are considered transmission lines operating at the 60kV, 115kV or 230kV. For the initial evaluation of the risks, SVP compared location of our remote lines to the CPUC High Fire Threat District Map and the Cal Fire California Fire Hazard Severity Zone Map.
The Grizzly Tie Line is located in the CPUC Tier 3 Extreme Fire Threat Zone, and Cal Fire identifies the area in which the line is located in as Federal jurisdiction (US Forest Service). The mountainous terrain, heavy vegetation and the potential of lightning strikes and high winds are all risk drivers for this line. This tie line was damaged by the “Dixie” Wildfire in 2021 which burned 963,309 acres. The cause of the fire was found to be unrelated to the Grizzly Tie Line and/or SVP assets.
The Black Butte Tie Line is not located in a CPUC Tier 2 or Tier 3 Fire Threat Zone. Approximately
3.75 miles of the 9.5 mile line are located on the edge of a Cal Fire moderate hazard zone. The terrain is flat and runs along a road through agricultural land. The line is occasionally subject to lightning strikes. The one known fire associated with the line was caused by a bird contact and was limited to a small area (less than 500 square feet) of grass between poles 82 and 83 immediately under the line on October 6th, 2015.
The Stony Gorge Tie Line is located in a CPUC Tier 2 Elevated Fire Threat Zone. Approximately 0.1 miles are located on the edge of a Cal Fire high hazard zone. The remaining 0.9 miles are located in a Cal Fire moderate hazard zone. Except for the first 250 feet of the line located at the base of an undeveloped hill, the line is constructed over level terrain. The line crosses Stony Creek then follows roads through agricultural land. There is no known fire history associated with this line.
The High Line Canal Interconnection consists of a riser, a pole mounted transformer and a 75 foot overhead span connected to a PG&E distribution line. The entire connection is over a gravel and dirt road and parking area adjacent to a cemetery. The High Line Canal Interconnection is not located in a CPUC Tier 2 or Tier 3 Fire Threat Zone. It is located on the edge of a Cal Fire moderate hazard zone. There is no significant risks and no known fire history from the High Line Canal Interconnection.
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10 The Castle Rock Lakeville Transmission Line is located in the CPUC Tier 2 elevated and Tier 3 Extreme Fire Threat Zones. The line runs through Cal Fire moderate, high and very high hazard zones as well as areas notated as Federal jurisdiction. The communities, mountainous terrain, heavy vegetation and the potential of and high winds are all risk drivers for this line. This line is operated and maintained by PG&E the majority owner and is covered by PG&E’s Wildfire Mitigation Plan.
B. Identifying and Presenting Enterprisewide Safety Risk Safety of life and property including mitigation of wildfire risk are part of the culture of SVP.
Enterprise risks associated with wildfire including design and construction standards, vegetation management and operational practices have been reviewed by senior utility staff. Experts in vegetation management have been consulted. Discussions with other utilities and experts have occurred to assure that SVP’s standards meet or exceed the standards in the industry. The potential risks and this mitigation plan have been presented to SVP’s governing body, the Santa Clara City Council and SVP staff.
A diverse team of SVP staff including System Operators, Engineers, and Senior Managers meets monthly to review the Wildfire Mitigation Plan and vegetation management updates. The electric utility operations group works with SVP’s contracted professional tree service company and other contractors to perform annual vegetation inspections as well as inspections of SVP’s electrical assets.
In 2019, SVP also developed a System Operations Procedure for Wildfire Mitigation which SVP’s System Operators use to help SVP adhere to this Wildfire Mitigation Plan. The SOP contains detailed roles and responsibilities, and procedures to be followed during various events.
C. Changes to CPUC Fire Threat Map
During its review of SVP facilities, SVP has not identified any areas having a higher wildfire threat than has been identified in the CPUC maps. No new information or changes to the environment were identified that would justify that the CPUC should expand its maps.
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11 V. WILDFIRE PREVENTATIVE STRATEGIES
A. High Fire Threat District
SVP directly participated in the development of the California Public Utilities Commission’ s (CPUC) Fire-Threat Map,1 which designates a High-Fire Threat District. In the map development process, SVP served as a territory lead, and worked with utility staff and local fire & government officials to identify the areas of SVP’s service territory that are at an elevated or extreme risk of power line ignited wildfire. None of SVP’s service territory nor any territory adjacent to SVP has been designated as a Tier 1, 2, or 3 threat area.
B. Weather Monitoring
The SVP assets located in Glenn and Tehama Counties of California; the Black Butte tie line, Stony Gorge tie line, and the High Line Canal connection, are operated by SVP. Of these assets only the Stony Gorge tie line is located in a wildfire threat area (Tier 2). SVP operates all three of these lines as if they were all within a wildfire threat area. The SVP Electric System Operator monitors current and forecasted weather and associated fire danger data from a variety of sources including:
ONCC Significant Fire Potential (Website - Primary Source) NWS Fire Weather Zone Map (Website - Back-up Source)
PG&E PSPS Map and Portal (Website - Corroborative Source) NWS Watches, Warnings or Advisories; Glenn County (Website - Corroborative Source) During wildfire season2, the SVP Electric System Operators will monitor the ONCC Significant Fire Potential website on a daily basis to identify the fire risk and corresponding response.
Risk Categories:
1. Moist (Little or Low Risk): During moist conditions, all SVP staff and contractors involved in the operation and maintenance of the lines in Glenn and Tehama Counties will be made aware of the low risk conditions in all safety tailboard briefings. No changes are made to operations or work policy.
2. Dry (Low risk of large fires in the absence of a “High Risk” event): During dry conditions, all SVP staff and contractors involved in the operation and maintenance of the lines in Glenn and Tehama Counties will be made aware of the low risk conditions in all safety tailboard briefings. No changes are made to operations or work policy.
3. Very Dry (Low/Moderate risk of large fires in the absence of a “High Risk” event): During very dry conditions, all SVP staff and contractors involved in the operation and maintenance of the lines in Glenn and Tehama Counties will be made aware of the Very Dry conditions and will include wildfire safety in all safety tailboard briefings.
1 Adopted by CPUC Decision 17-12-024.
2 Wildfire season is generally defined by SVP as the period typically between May 1st and October 31st unless determined by the SVP Senior Electric and Water System Operator the season needs to be extended due to conditions that may present in any given year.
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12 4. High Risk Days: 20% Chance of a large fire due to a combination of dry or very dry fuel and an ignition trigger, or dry or very dry fuel combined with a critical burn environment.
During High Risk days, all SVP staff and contractors involved in the operation and maintenance of the lines in Glenn and Tehama Counties will be made aware of the High Risk and will include wildfire safety in all safety tailboard briefings. A wildfire patrol of the lines will be carried out at the onset of the High Risk condition. If the High-Risk conditions continue for an extended period of 7 days or more, patrols are to be carried out weekly.
5. Red Flag Warnings: If the National Weather Service declares a Red Flag Warning for Glenn and Tehama Counties, all SVP staff and contractors involved in the operation and maintenance of the lines in Glenn and Tehama Counties will be made aware of the Red Flag Warning and will include wildfire safety in all safety tailboard briefings. A wildfire patrol of the lines will be carried out prior to the beginning of the Red Flag Warning, and at least daily if the risk factors persist. All maintenance activities will be performed with lines de-energized. Consideration of de-energizing the lines will be made on a case by case basis. If a line trips and locks out on an electrical fault, the line will be left de- energized until it is patrolled and it is determined safe to re-energize the line.
C. Design and Construction Standards
SVP’s electric facilities are designed and constructed to meet or exceed the relevant federal, state, or industry standard. SVP treats CPUC General Order (GO) 95 as a key industry standard for design and construction standards for overhead electrical facilities. SVP meets or exceeds all standards in GO 95. Additionally, SVP monitors and follows as appropriate the National Electric Safety Code.
At our High Line Canal Interconnection, there are expulsion fuses, however, the electrical line is located over a dirt and gravel road and is not located in a HFTD. Even though the line is not located in a high fire threat district, SVP mitigates the risk of expulsion fuses as if it were in a HFTD by maintaining a 10ft radius around the poles free of vegetation and flammable materials.
In 2020, SVP installed raptor guard at 9 locations on the Black Butte 60 kV line to harden them from raptor contact. There are no other planned hardening measures at this time as SVP’s policy is to de-energize the line during high fire threat events. Annual patrols utilizing thermal and corona imaging are performed to ensure that hardware, insulators, and connectors are up to standard.
D. Vegetation Management
SVP meets or exceeds the minimum industry standard vegetation management practices. For transmission-level facilities, SVP complies with NERC FAC-003-4, where applicable. For both transmission and distribution level facilities, SVP meets: (1) Public Resources Code section 4292; (2) Public Resources Code section 4293; (3) GO 95 Rule 35; and (4) the GO 95 Appendix E Guidelines to Rule 35. These standards require significantly increased clearances in the High Fire Threat District. . The recommended time-of-trim guidelines do not establish a mandatory standard, but instead provide useful guidance to utilities. SVP contracts with professional tree service company who has Subject Matter Experts (SMEs) in vegetation management and uses
Silicon Valley Power Wildfire Mitigation Plan
August 2022
13 specific knowledge of growing conditions and tree species to determine the appropriate time of trim clearance in each circumstance. SVP does not use herbicides or growth inhibitors.
Although SVP’s service territory is not in an area with high wildfire potential, SVP hires a professional tree service company to systematically trim and remove trees to maintain required clearances from overhead circuits.
SVP treats its facilities located in Glenn and Tehama Counties to be within a High Fire Threat District. As these facilities are 60kV lines totaling no more than 11 miles in length and are easily accessible, SVP employs the following methodology for vegetation control. On an annual basis, SVP contracts with a professional tree service company to perform an inventory of trees in the proximity of facilities in Glenn and Tehama Counties. This inventory is recorded electronically and a scope of work for tree trimming, and removal is created. This scope of work is also completed in the same year and a report by the professional tree service company is provided to SVP.
GO 95, Rule 35, Table 1
Case Type of Clearance Trolley
Contact,
Feeder and
Span Wires,
0-5kV
Supply
Conductors
and Supply
Cables, 750 -
22,500 Volts
Supply
Conductors
and Supply
Cables, 22.5 -
300 kV
Supply
Conductors
and Supply
Cables, 300 -
550 kV (mm)
13 Radial clearance of
bare line conductors
from tree branches
or foliage
18 inches 18 inches ¼ Pin
Spacing
½ Pin
Spacing
14 Radial clearance of
bare line conductors
from vegetation in
the Fire-Threat District
18 inches 48 inches 48 inches 120 inches
Appendix E
Guidelines to Rule 35
The radial clearances shown below are recommended minimum clearances that should be established, at time of trimming, between the vegetation and the energized conductors and associated live parts where practicable. Reasonable vegetation management practices may make it advantageous for the purposes of public safety or service reliability to obtain greater clearances than those listed below to ensure compliance until the next scheduled maintenance. Each utility may determine and apply additional appropriate clearances beyond clearances listed below, which take into consideration various factors, including: line operating voltage, length of span, line sag, planned maintenance cycles, location of vegetation within the span, species type, experience with particular species, vegetation growth rate and characteristics, vegetation management standards and best practices,
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14 local climate, elevation, fire risk, and vegetation trimming requirements that are applicable to State Responsibility Area lands pursuant to Public Resource Code Sections 4102 and 4293.
Voltage of Lines Case 13 Case 14
Radial clearances for any conductor of a line
operating at 2,400 or more volts, but less than
72,000 volts
4 feet
12 feet
Radial clearances for any conductor of a line
operating at 72,000 or more volts, but less than
110,000 volts
6 feet
20 feet
Radial clearances for any conductor of a line
operating at 110,000 or more volts, but less than
300,000 volts
10 feet
30 feet
Radial clearances for any conductor of a line
operating at 300,000 or more volts
15 feet
30 feet
E. Inspections
SVP meets or exceeds the minimum inspection requirements provided in CPUC GO 165 and CPUC GO 95, Rule 18. SVP staff and contracted SMEs uses their knowledge of the specific environmental and geographical conditions to determine the required frequency of inspections.
Separate vegetation and physical inspections of the remote lines owned and operated by SVP are performed every year and additionally on an as-needed basis. These lines are visually inspected from the ground, drone, helicoptor or on elevated platforms. Corona and thermal imaging technologies are also used. Any necessary repairs will be completed in a timely manner as appropriate. Any issue that is creating an eminent safety concern will be immediately addressed.
Inspections carried out on red flag days look for any emergent conditions containing but not limited to the following criteria:
Broken or slack down guys.
Leaning poles
Un-balanced spans.
Encroachment on minimum 4-foot radial clearance between conductors and vegetation.
Broken insulators.
Discolored conductor connections.
Accumulation of flammable debris encroaching in the SVP facility right of way.
The SVP Electric and Water System Operator maintains procedures and tools for mitigating emergent wildfire threats associated with remote facilities owned and operated by SVP. The System Operator logs conditions and the inspection results for high risk and red flag days.
Silicon Valley Power Wildfire Mitigation Plan
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15 SVP works to ensure that all inspections to be performed are completed before the beginning of the historic fire season. SVP monitors drought conditions and other relevant factors throughout the year to determine if inspections should be completed on a shorter timeframe.
F. Workforce training
The Electric Utility Chief Operating Officer is specifically responsible for assuring that all employees having obligations for implementation of this Wildfire Mitigation Plan receive regular training. Training on the wildfire plan are held each spring prior to the start of the wildfire season.
Training will include roles and responsibilities, identification of risks, and procedures associated with monitoring and response.
VI. RECLOSING POLICY
SVP does not have reclosers or reclosing schemes on its remote lines.
If one of the remote lines operated and maintained by SVP is de-energized due fire or high fire risk. It will only be re-energized after physical inspection and in accordance with SVP operating procedures under direction of an SVP Electric and Water System Control Operator and in coordination with PG&E as appropriate. SVP staff or contractors will coordinate with local public safety officials in the event of an active fire. No customers are served by these lines.
VII. DEENERGIZATION
All SVP remote lines are generation tie lines. SVP has the authority to preemptively de-energize the lines it operates and maintains due to fire-threat conditions. No customers would be affected by the de-energization of these lines. SVP will make a case-by-case decision to shut off power based on the following considerations:
Red Flag Warnings issued by the National Weather Service for fire weather zones that contain SVP remote lines;
SVP staff assessments of local conditions, including wind speed (sustained and gust), humidity and temperature, fuel moisture, fuel loading and data from weather stations; Real-time information from staff and contractors located in areas identified as at risk of being subject to extreme weather conditions;
Input from fire experts and vegetation experts;
Input from local and state fire authorities regarding the potential consequences of wildfires in select locations;
Availability of alternative generation resources;
Awareness of mandatory or voluntary evacuation orders in place; Other operational considerations to minimize potential wildfire ignitions,; On-going fire activity near the remote lines and throughout California;
VIII. COMMUNITY OUTREACH AND PUBLIC AWARENESS
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August 2022
16 This Wildfire Mitigation Plan has been submitted to the Cal Fire Tehama Glenn Unit for review. The plan was also reviewed with Orland Unit Water Association for the lines SVP operates and maintains. The mitigation plan was presented to the City of Santa Clara City Council in a public meeting for approval.
IX. METRICS AND ASSUMPTIONS FOR MEASURING PLAN PERFORMANCE SVP will track two metrics to measure the performance of this Wildfire Mitigation Plan: (1) number of fire ignitions; and (2) wires down on the remote lines.
METRIC 1: FIRE IGNITIONS
For purposes of this metric, a fire ignition is defined as follows:
An SVP remote facility was associated with the fire;
The fire was self-propagating and of a material other than electrical and/or communication facilities;
The resulting fire traveled greater than one linear meter from the ignition point; and SVP has knowledge that the fire occurred.
SVP has knowledge of one Fire Ignition associated with the Black Butte Tie Line. A bird contacted the line and a fire started in the grass immediately under the line. The fire was limited to a small area. SVP has no knowledge of other Fire Ignitions associated with its lines. Each of the lines has been in service for 30 to 35 years.
In future Wildfire Mitigation Plans, SVP will provide the number of fires that occurred that were less than 10 acres in size. Any fires greater than 10 acres will be individually described.
METRIC 2: WIRES DOWN
The second metric is the number of remote line wires downed. For purposes of this metric, a wires down event includes any instance where an electric distribution or transmission conductor falls to the ground or on to a foreign object.
SVP will not normalize this metric by excluding unusual events, such as severe storms. Instead, SVP will supplement this metric with a qualitative description of any such unusual events. SVP has no knowledge of any wire down on its remote lines since placed in service.
A. Impact of Metrics on Plan
Each time an event occurs within one of the metrics above, SVP will perform an analysis of the event including any design or operational recommendations for improvement. SVP will then evaluate potential improvements to the plan.
Between January 1, 2019 through December 31, 2021, there were no fire ignitions caused by SVP and no wires down events.
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17 X. MONITORING AND AUDITING THE PLAN
This Wildfire Mitigation Plan is presented to Santa Clara City Council on an annual basis.
Additionally, a qualified independent evaluator will present an initial report on this plan to the Santa Clara City Council.
A. Identifying and correcting Deficiencies in the Plan This wildfire mitigation plan is a living document. As the plan is implemented, SVP will compile any deficiencies identified by staff, contractors, SMEs and other sources. Improvements and corrections will be reviewed and implemented in a timely manner as appropriate. Each year the plan will be reviewed and updated prior to submittal to Santa Clara City Council.
B. Monitoring the effectiveness of inspections
Any vegetation or physical issues found during inspections will be complied and retained for future review. Trends involving repeated issues, timeliness of issue resolution, metrics listed in section VII A, or other observations will be reviewed on an annual basis. The inspection program will be adjusted as appropriate.
XI. INDEPENDENT AUDITOR
Public Utilities Code section 8387(c) requires SVP to contract with a qualified independent evaluator with experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of this Wildfire Mitigation Plan. The independent evaluator must issue a report that is posted to SVP’s website. This report must also be presented to Santa Clara City Council at a public meeting.
In 2021, SVP competitively bidded and contracted with a qualified independent evaluator, Dudek, with experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of this WMP. Dudek has conducted a number of independent evaluator reports for other publicly owned utilities. The independent evaluation and report was reviewed by the internal SVP team and incorporated the recommended changes.
SVP Staff plans to bring this WMP and the independent evaluator report to the City Council for review and approval.
Appendix A
Location Maps
)
Storrie'
Bucks Creek
1 Powerhouse
Grizzly Tie Line
,,. .. ,.,
,i' ... ,,.,.,....
.-----------------.---,, --.....-.l.--·i
Legend
N
A
Tier 2 Fire Threat Zone
Tier 3 Fire Threat Zone
SVP Facility
SILICON
VALLEY
POWER,
CITY OF SANTA CL.ARA
1 inch= 2,000 feet
6'11,r,q
Grizzly
Powerhouse ,<;r,u?"
r .,k
Legend
Tier 2 Fire Threat Zone
Tier 3 Fire Threat Zone ISSfuto~n ~:::=:::J;;~
SILICON
VALLEY
PowER.
~ CITY OF SANTA C~RA
A 1 in = 1 ,500 feet
Garg
!Stoney Gorge Tie Linel
Elk Creek
PG&E Substation
£
Switch 55 on
Pole #10
E u
Bk:l k
Butt"
L ke
....
>'
'Z
0 al
ei.,l?)ack
Bul!llutte Lah'
Legend
Tier 2 Fire Threat Zone
Tier 3 Fire Threat Zone
&. SVP Facility
-Transmission Line
SILICON
VALLEY
PowEK
(ITV OF SANTA (I ARA
A 1 in = 1 miles
Black Butte Tie Line &
Highline Canal
Ro,e, Ra
TEHAMA
Highline
Canal
GLENN
u
"O ,.,
0 tr
~ 1 ·1:
rland
nction
Moore Creek
County Rood .J
County Road B
C
0 -0
~
~ C:
:,
8 8
u.. ....
-0
"' &!
• 294ft County Hoad 14
County Road 1 5
County Road 1 /
County Roa 0 7
Chr,stanRd
::t
'D Count
~
n tr
0 >-
C: c :, :, .:;z 0
:.: u
0 "' a. C ,a C
"' :E
Orland
Junction CoumyRoad 1
Orland -----"'""'----E•Walker·S
Co unly ROdd 18
_ __j
I
I
_____ i
Legend
Tier 2 Fire Threat Zone
Tier 3 Fire Threat Zone
8 SVP Facility
-Transmission Line
j
i . S1ucuN
VALLEY
POWER.
OTY OF SANTA.CLARA
A 1 in = 7 miles
Nepa
Geoth
1 & 2
SVP/PG&E Cotenancy Line
~
I
'-........
\ I
\,,___,
Fo1estYille
'!Location
1 Mapl ,
! ' \i '\;--. . "\
I
Appendix B
PUC 8387(b) Requirements Table
PUC
8387
Requirement Location in
WMP
(A) An accounting of the responsibilities of persons responsible for executing the plan.