Agenda packet — City Council and Authorities Concurrent, October 18, 2022 (part 4 of 5)

The Santa Clara Downtown Precise Plan schedule currently has five remaining Task Force meetings, of which the WRTTeam is scoped to attend and present at one. WRT and DSTP could be available to facilitate additional meetings of the Task Force, helping to retain a strong link between Task Force discussion and Plan outcomes.

Note: where Task Force meetings are anticipated as part of additional scope items above, they are covered within that task.

Meetings:
• Meeting presentation and attendance (WRT, DSTP)
Deliverables:
• Presentation materials
Cost: $4,400 per meeting, assuming meeting is virtual and does not require travel or production.

Tlmeframe: Ongoing

MEMORANDUM

ATTACHMENTS
• Budget Spreadsheet
• Project Schedule (Conceptual)
May 10, 2021
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
21-667 Agenda Date: 5/25/2021

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to execute an Amendment to the Agreement with Wallace Roberts & Todd, LLC for Downtown Precise Plan Consultant Services pending funding proposed as part of the FY 2021/22 and FY 2022/23 Proposed Operating Budget

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The City of Santa Clara’s 2010-2035 General Plan identifies focus areas throughout the City, including the Downtown area, to promote the City’s diverse economic base and meet the demand for housing that addresses job growth in the City and region.

In response to the Community’s goal of revitalizing the City’s historic Downtown area, the City Council approved $400,000 in the FY 2018/19 and FY 2019/20 Adopted Biennial Capital Improvement Program Budget to support the preparation of a Precise Plan. From this budget, $90,000 was spent on a non-refundable deposit for an option on the acquisition of the Franklin Street Right-of-Way easement. Working closely with a community Task Force, including organizations such as Reclaiming Our Downtown and the Old Quad Resident’s Association, the City commenced preparation of the Precise Plan that will provide guidance for new development within the Downtown area through policies, guidelines, and illustrations that implement the community vision and objectives for a vibrant, pedestrian-oriented destination. As part of this effort, the City engaged a consultant to assist in the preparation of the Precise Plan.

In February 2019, the City issued a Request for Qualifications (RFQ) for Downtown Precise Plan Consultant Services, using the City’s e-procurement system. On October 8, 2019, the City Council authorized the City Manager to execute an agreement with Wallace Roberts & Todd, LLC (WRT) to provide Downtown Precise Plan Consultant Services for an initial three-year term ending September 30, 2022 (with an option to extend the Agreement for an additional three-year term through September 30, 2025), for a maximum compensation not to exceed $578,346, subject to the annual appropriation of funds. As part of Council action, additional funding of $268,346 was also approved to fully fund the agreement.

The agreement is fixed price with payments tied to the successful completion of the milestones listed in the table below. The cost elements include the tasks from the scope of work that were identified in the RFQ, as well as the optional tasks identified by the Consultant in their RFQ response.

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21-667 Agenda Date: 5/25/2021
COST ELEMENTS:

Project Initiation $67,025
Issue Identification and Vision $58,270
Financial Analysis $31,260
Development Scenarios/Conceptual Plans $74,740
Workshops $22,121
Draft Precise Plan Chapter Development $68,380
Public Services and Implementation $10,520
Draft Precise Plan Refinement $12,880
CEQA Clearance $72,880
Planning Commission & City Council Public
Hearings
$20,000
Reimbursable Expenses $14,295
Services Subtotal $452,371
Optional Services (Consultant Team Charette;
Phase 1 Environmental Assessment; Environmental
Impact Report; Stakeholder, Developer, and DCTF
Added Meetings; Financial Feasibility of Land Use
Options; Context Study; Financial Memo Addendum to
Existing Conditions Report)
$125,975
GRAND TOTAL $578,346
Work to date has focused on preparation of the Precise Plan’s preferred land use plan placemaking and urban design. Upcoming key tasks in the Precise Plan process include developing the draft chapters of the Precise Plan and preparation of the environmental clearance for the Precise Plan.

DISCUSSION
The Downtown Community Task Force (DCTF) was approved by the City Council, and is an advisory, non-voting body that meets over the course of the Downtown Precise Plan planning process to provide input on the vision, land use, circulation, and urban design aspects of the Plan, as well as key policy issues. The DCTF has met 17 times since the start of the planning process in December 2018.

At the April 6, 2021 City Council meeting, the Chair and Vice Chair of the DCTF provided an update on the progress of the Precise Plan Work to date and requested that Council seek an amendment to the Consultant scope of work for the Precise Plan to add services. The DCTF has been pro-actively contemplating the next steps towards implementation of the Precise Plan with the goal of making sure that those steps lead to the best possible outcomes for a successful downtown. As the DCTF looks towards implementation, they requested the following services be added to the scope of work for the Precise Plan. The Consultant has provided a description and scope for each of these tasks in the attached “DCTF-Requested Additional Services Memorandum”.

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21-667 Agenda Date: 5/25/2021
§ Form-Based Zoning Code - prepare a form-based zoning code for the Plan area to be adopted as a part of the City’s Municipal Code.
§ Downtown Sign Ordinance - prepare a sign ordinance to be adopted as a part of the City’s Municipal Code to establish the criteria for future developers and tenants to develop and implement exterior building signage.
§ Development Impact Fee - prepare the technical documentation necessary for approval of an area development impact fee to cover the “fair share” cost of new infrastructure and public improvements serving the Precise Plan area.
§ Downtown Management Entity
- Define the role of a Downtown management entity including its role, among other things, programming/curating uses. § Additional Downtown Community Task Force (DCTF) meetings with the Consultant Team -Facilitate two additional meetings of the Task Force, helping to retain a strong link between Task Force discussion and Plan outcomes. The consultant would also support the review of any current development projects within the Plan Area to evaluate design consistency with the Plan vision and to make recommendations.

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(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
Funding for the existing agreement with Wallace Roberts & Todd, LLC for Downtown Precise Plan in the amount of $578,346 was previously budgeted in the Downtown Master Plan project (#6559) in the General Government Capital Fund. These funds have been spent or encumbered for this project.

An amendment to the agreement is requested to provide additional services as discussed above.

Funding of $300,000 is requested to cover the additional services estimated at $251,600 as well as contingency funds that would cover any unforeseen added DCTF meetings, community outreach, or additional analysis. The FY 2021/22 and FY 2022/23 Proposed Operating Budget includes a FY 2021/22 capital project amendment to add funding of $300,000 for this additional work from the General Fund Capital Projects Reserve to cover the total cost of the amendment to the Agreement.

The Proposed Budget scheduled for adoption on June 22, 2021.

COORDINATION
This report has been coordinated with the Finance Department and 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 City of Santa Clara Printed on 9/10/2021Page 3 of 4
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21-667 Agenda Date: 5/25/2021
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]>

RECOMMENDATION

1. Authorize the City Manager to execute and amend the agreement with Wallace Roberts & Todd, LLC to provide added Downtown Precise Plan Consultant Services, subject to modifications as agreed to by the City Manager in coordination with the City Attorney; increase the maximum compensation not to exceed amount by $300,000 (from $578,346 to $878,346), subject to the annual appropriation of funds; and

2. Authorize the City Manager to execute an amendment to increase maximum compensation in the event that additional services are required, subject to the annual appropriation of funds.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. DCTF-Requested Additional Services Memorandum
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Ebix Insurance No. s200004347
AMENDMENT NO. 2

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

WALLACE ROBERTS & TODD, LLC

PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Wallace Roberts & Todd, LLC, a Delaware Corporation (Consultant) .City and Consultant may be referred to (Contractor). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services Between the City of Santa Clara, California, and Wallace, Roberts & Todd, LLC," dated October 17, 2019 (Agreement); and
B. The Agreement was previously amended by Amendment No. 1, October 21, 2021, and is again amended by this Amendment No. 2. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended;,. and J
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide prepare a Downtown Precise Plan, and the Parties now wish to amend the Agreement to expand the scope of services and corresponding maximum compensation.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 6 of the Agreement, entitled "Compensation and Payment," is amended to reflect a revised maximum compensation value of nine hundred seventy-eight thousand, three hundred forty-six dollars ($978,346).

2. Exhibit A of the Agreement, entitled "Scope of Services," is hereby appended by the attached "Second Addendum to Scope of Services."
Amendment No.2 to Agreement/WRT-Downtown Precise Plan
Rev. 10/25/19

Page 1 ends

3. Exhibit B of the Agreement, entitled "Schedule of Fees," is amended to reflect a revised maximum compensation value of nine hundred seventy-eight thousand, three hundred forty-six dollars ($978,346).

4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.

Approved as to Form:

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Office of the City Attorney
City of Santa Clara
ANNAJ. SA
City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-221 O
Fax: (408) 241-6771

WALLACE ROBERTS & TODD, LLC
a Delaware Corporation
Dated: J/ • t72' · 2-/ ·
By (Signature):~~·-f9ti,,. w?/
Name ~J'!!"i~7
Title: rincipal , /
Principal Place of 478 Tehc~~fa Street, Suite/2B
Business Address: San Francisco, CA 94103
Email Address: [email protected]
Telephone: (415) 575-4722
Fax: (215) 732-2551
"CONSULTANT"
I :\PLANNING\Admin\Contracts\WRT\Amendment No 2\Amendment No. 2 WRT 10- 2021.doc
Amendment No. 2 to Agreement/WRT-Downtown Precise Plan
Rev. 10/25/2019
Page2
Second Addendum to Scope of Services
The following tasks are now added to the Scope of Services:

Task
1 2
3 4
5 6
Additional DCTF meetings
Consultant Team Charette
Stakeholder Added Meetings
Financial Feasibility of Land Use Options
based on iterative design process
Context Study
Financial Memo Addendum to
Existing Conditions Report
Total:

Fee
$25,480
$25,000
$4,600
$15,000
$10,000
$5,000
$85,080
An additional $14,920 is being included in the contractual maximum compensation as a contingency to cover any unforeseen added Downtown community Task Force (DCTF) meetings, community outreach, or additional analysis. Use of this contingency shall be approved in writing by the City of Santa Clara's project manager prior to commencement of work.

In no event shall the maximum compensation under this contract for any and all services exceed nine hundred seventy-eight thousand, three hundred forty-six dollars ($978,346), subject to annual budget appropriations.

Amendment No. 1 to Agreement/WRT-Downtown Precise Plan, Addendum to Scope of Services Page 1 Rev. 10/25/2019
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1102 Agenda Date: 10/18/2022

REPORT TO COUNCIL AND AUTHORITIES

SUBJECT
Adopt the Resolution Amending the City of Santa Clara Conflict of Interest Codes for Designated Positions as Required by the Political Reform Act Conflict of Interest Code Biennial Update

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The California Political Reform Act requires all public officials, employees, and consultants who make or participate in the making of governmental decisions to disclose any economic interest that could be affected by those decisions. Under Government Code Section 87302 of the Political Reform Act, certain designated officials and employees of the City are required to file a Statement of Economic Interest (Form 700) because of the nature of their position with the public agency. These officials, staff members and consultants serve in positions that been designated by the City’s Conflict of Interest Code as being required to file such statements.

Local agencies are required to conduct a periodic review their Conflict of Interest Codes to determine if they are accurate, or alternatively, if the Codes must be amended. Amendments are necessary periodically, particularly when a new official or employee positions are added, deleted, or responsibilities are changed.

DISCUSSION
The City of Santa Clara’s Conflict of Interest Code is proposed to be amended to include an updated List of Designated Positions Required to File. Changes that occurred from the prior version of the Conflict of Interest Code are redlined in the Attachments. The list of Designated Positions have been updated to add new job classifications or titles and remove those no longer applicable to the City.

Notable changes include:

1. City Manager: Deletion of Senior Management Analyst

2. Community Development: Addition of Assistant Director of Community Development, Code Enforcement Officer, and Senior Planner

3. City Auditor’s Office: Addition of City Auditor

4. Fire Department: Addition of Fire Marshal, Fire Protection Engineer, and Fire Protection Specialist

5. Information Technology: Deletion of Management Analyst

6. Library: Deletion of Management Analyst

7. Water and Sewer: Addition of Principal Engineer
Staff has also reviewed the current Conflict of Interest Codes for the following legislative bodies:

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22-1102 Agenda Date: 10/18/2022
Bayshore North Project Enhancement, Public Facilities Financing Corporation, Sports and Open Space Authority, and Housing Authority. Staff has found no required amendments for these codes.

The proposed resolution and appendices reflect the changes for certain departments and positions which are being added to or deleted from the list of designated positions. Upon Council approval, the Office of the City Clerk will notify the affected employees as to their filing status.

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 cost to the City other than administrative staff time and expense.

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]>.

RECOMMENDATION
Adopt the Resolution amending the City of Santa Clara Conflict of Interest Code required by the Political Reform Act and Regulations of the Fair Political Practices Commission Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager/Executive Director

ATTACHMENTS

1. Resolution of the City of Santa Clara and attached Conflict of Interest Code and Appendices (Redline)

2. Appendix A and B (Clean Versions)
City of Santa Clara Printed on 10/14/2022Page 2 of 2
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

CLARA, CALIFORNIA AMENDING THE CONFLICT OF INTEREST

CODE FOR DESIGNATED CITY POSITIONS AS REQUIRED BY

THE POLITICAL REFORM ACT AND REGULATIONS OF THE FAIR

POLITICAL PRACTICES COMMISSION

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

WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000 et seq., requires certain public agency officials and employees to file economic disclosure forms ("Form 700" ) and abstain from making or participating in governmental decisions which have a reasonably foreseeable material effect on an economic interest;
WHEREAS, the Political Reform Act requires the City to adopt a local conflict of interest code that enumerates specific official and employee positions other than those specified in Government Code § 87200 which involve making or participating in making decisions which have a reasonably foreseeable material effect on an economic interest , and to designate for each position the types of investments, business positions , interests in real property and sources of income which are reportable based on the scope of the decision-making authority of the position ; WHEREAS, the City Council has adopted a Conflict of Interest Code in compliance with the provisions of the Political Reform Ac t; and,
WHEREAS, the City Council has reviewed and considered administratively suggested changes to the listing of designated positions of City offic ials and employees, along with assigned disclosure categories , in the Conflict of Interest Code.

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

1. That the City of Santa Clara Conflict of Interest Code, attached hereto and incorporated herein by reference, is hereby adopted and includes the following:
(a) The Political Reform Act, Government Code Sections 81000 et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Resolution/Approve Conflict of Int erest Code and List of Designated Positions - CC Rev : 11/22/17

Page 1 of 2 ends

City of Santa Clara Resolution/App rove Conflict of Interest Code Rev:
4/28/20

Page 2 of 3 ends

Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs . Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix A in which officials and employees are desi gnated and Appendix B in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Santa Clara, which is considered the agency within the purview of this code. The Conflict of Interest Code of the City of Santa Clara so adopted amends and replaces any Conflict of Interest Code of the City of Santa Clara previously in effect to conform to this newly adopted code.

(b) Designated officials, employees, and consultants shall file statements of economic interests with the Assistant City Clerk, who shall be and perform the duties of filing officer for the City of Santa Clara.

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 18th DAY OF OCTOBER, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABTAINED: COUNCILORS:

ATTEST: _______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Conflict of Interest Code with Appendices A and B

City of.

Santa Clara
The Center of What's Possible

CITY OF SANTA CLARA

CONFLICT OF INTEREST CODE

SECTION 1: CONFLICT OF INTEREST CODE - ADOPTED

The Political Reform Act, Government Code Sections 81000 et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Refo1m Act after public notice and hearings.

Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix A in which officials and employees are designated and Appendix B in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Santa Clara, which is considered the agency within the purview of this code. The Conflict of Interest Code of the City of Santa Clara so adopted amends and replaces any Conflict of Interest Code of the City of Santa Clara previously in effect to conform to this newly adopted code.

SECTION 2: CONFLICT OF INTEREST CODE - STATEMENTS

Designated employees shall file statements of economic interests with the City Clerk, who shall be and perform the duties of filing officer for the City of Santa 'Clara.

SECTION 3: SAVINGS CLAUSE

Any change provided for in this conflict of interest code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other conflict of interest code; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered in connection with a ny other conflict of interest code.

Appendix A: On file in City Clerk's Office
Appendix B: Attache d

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

Governing Bodies/Commissions Disclosure Category
Mayor 1
City Councilmembers 1
Civil Service Commission 1
Cultural Commission 1
Bayshore Project Enhancement Authority 1
Board of Library Trustees 1
Deferred Compensation Committee 1
Housing Authority 1
Housing Rehabilitation Loan Committee 1
Industrial Development Authority 1
Joint Financing Authority 1
Oversight Board for Successor Agency to the City of
Santa Clara Redevelopment Agency

1 Planning Commission 1
Public Facilities Financing Corporation 1
Parks and Recreation Commission 1
Salary Setting Commission 1
Sports and Open Space Authority 1

City Department
City Attorney’s Office
Assistant City Attorney 1
Chief Assistant City Attorney 1
City Attorney 1
Deputy City Attorney 1
Legal Executive Assistant 1

City Clerk’s Office
Assistant City Clerk 1
City Clerk 1
Deputy City Clerk 1

City Manager’s Office
Assistant City Manager 1
Assistant to the City Manager 1
Chief Operating Officer 1
City Manager 1
Communications & Outreach Manager 1
Consultant 1
Executive Assistant to the City Manager 1
Management Analyst 1
Public Information Officer 1
Senior Management Analyst 1

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

City Department Disclosure Category
Community Development
Assistant Director of Community Development 1
Assistant Planner I 1
Assistant Planner II 1
Associate Planner 1
Building Official 1
Code Enforcement Officer 1
Development Review Officer 1
Director of Community Development 1
Housing Development Officer 1
Inspection Manager 1
Management Analyst 1
Plan Review Manager 1
Planning Manager 1
Principal Planner 1
Senior Planner 1

Finance
Assistant Director of Finance 1
Budget Manager 1
Budget and Treasury Division Manager 1
Contracts Manager 1
Director of Finance 1
Management Analyst 1
Municipal Services Division Manager 1
Principal Accountant 1
Principal Financial Analyst 1
Senior Management Analyst 1

City Auditor’s Office
Audit Manager 1
City Auditor 1
Management Analyst 1

Fire
Assistant Fire Marshal 1
Battalion Chief 2
Deputy Fire Chief 1
Deputy Fire Marshall 1
Fire Chief 1
Fire Marshall 1
Fire Protection Engineer 1
Fire Protection Specialist 1

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

City Department Disclosure Category
Human Resources
Assistant Director of Human Resources 1
Director of Human Resources 1
Human Resources Division Manager 1
Management Analyst 1
Risk Manager 1

Information Technology
Dir. of Information Technology/Chief Information Officer 1 Information Technology Service Manager 1
Management Analyst 1
Senior Information Technology Services Manager 1

Library
Assistant City Librarian 1
City Librarian 1
Library Division Manager – Support Services 1
Management Analyst 1
Mayor and Council Office
Executive Assistant to Mayor and City Council 1

Parks and Recreation
Cemetery Operations Manager 2
Deputy Parks & Recreation Director 1
Management Analyst 1
Parks & Recreation Director 1
Parks Construction, Maintenance & Repair Supervisor 4
Recreation Manager 1

Police
Assistant Police Chief - Sworn 1
Communications Operations Manager 1
Management Analyst – Non-Sworn 1
Police Captain - Sworn 3
Police Chief - Sworn 1
Police Records Manager – Non-Sworn 1

Public Works
Assistant Director of Public Works /City Engineer 1
Building Maintenance Manager 2
Code Enforcement Officer 1
Code Enforcement Technician 1
Compliance Manager 1
Deputy Public Works Director 1

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

City Department Disclosure Category
Public Works Cont’d
Director of Public Works 1
Environmental Programs Manager 1
Fleet Manager 1
Management Analyst 1
Principal Engineer 2
Principal Planner 1
Public Works Inspector 2
Senior Engineer 2
Transportation Manager 2

Water and Sewer
Assistant Director of Water & Sewer Utilities 1
Compliance Manager 1
Director of Water & Sewer Utilities 1
Management Analyst 1
Principal Engineer – Water and Sewer 1
Utility Business Systems Manager 1
Utility Operations Engineer 1
Water and Operations Manager 1
Water and Sewer Superintendent 1

Silicon Valley Power
Acting Electric Division Manager 1
Assistant Director of Electric Utility 1
Chief Electric Utility Officer 1
Compliance Manager 1
Electric Division Manager - Engineering 1
Electric Division Manager - Generation 1
Electric Division Manager - Operations 1
Electric Division Manager - Substations 1
Electric Division Manager – Transm Distrib 1
Electric Division Mgr-Mkt A & P 1
Electric Division Manager 1
Electric Program Manager 4
Electric Utility Chief Operation Officer 1
Electric Utility Risk Control Analyst 1
Power System Scheduler/ Trader 1
Power Trader 1
Principal Electric Utility Engineer 1
Principal Power Analyst 1
Principal Utility Information Systems Manager 4
Senior Power System Scheduler/Trader 1
Senior Electric Division Manager 1

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

Other
Consultant/New Positions* 1

As defined in 2 Cal. Code of Regs. Section 18700.3, as may be amended from time to time, "Consultant" means an individual who, pursuant to a contract with a state or local government agency:

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

(A) Makes a governmental decision whether to:

1. Approve a rate, rule, or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or s imilar authorization or entitlement;

4. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;

5. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract;

6. Grant agency approval to a plan, design, report, study, or similar item;

7. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or

(B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in Regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Government Code Sect ion
87302.

*Consultants/New Positions are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: the City Manager may determine in writing that a particular consultant or new position, although a “designated person” is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in this section. Such determination shall include a description of the consultant’s or new position’s duties, and based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Gov. Code Sec. 81008)

APPENDIX B

MASTER LIST OF DISCLOSURE

CATEGORIES

Category 1 - All designated employees in this category shall disclose all sources of income, investments, interests in real property owned in the City of Santa Clara, and business entities in which he or she has an investment or is a director, officer, partner, trustee, employee or holds any position of management.

Category 2 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which he or she has an investment or is a director, officer, partner, trustee, employee or holds any position of management.

Category 3 - All designated employees in this category shall disclose all interests in real property owned in the City of Santa Clara.

Category 4 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which he or she has an investment or is a director, officer, partner, trustee, employee or holds any position of management if the business entity or source of income is of the type which provides services, equipment, lease space, materials or supplies to the City of Santa Clara.

Category 5 - All designated positions in this category shall disclose all investments and business positions in business entities, and income, including receipt of gifts, loans, and travel payments, from, sources that filed a claim with or against the City of Santa Clara during the previous two years, or have a claim pending with or against the City of Santa Clara.

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

1 Planning Commission 1
Public Facilities Financing Corporation 1
Parks and Recreation Commission 1
Salary Setting Commission 1
Sports and Open Space Authority 1

City Department
City Attorney’s Office
Assistant City Attorney 1
Chief Assistant City Attorney 1
City Attorney 1
Deputy City Attorney 1
Legal Executive Assistant 1

City Clerk’s Office
Assistant City Clerk 1
City Clerk 1
Deputy City Clerk 1

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

City Auditor’s Office
Audit Manager 1
City Auditor 1
Management Analyst 1

Fire
Assistant Fire Marshal 1
Battalion Chief 2
Deputy Fire Chief 1
Deputy Fire Marshall 1
Fire Chief 1
Fire Marshall 1
Fire Protection Engineer 1
Fire Protection Specialist 1

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

City Department Disclosure Category
Human Resources
Assistant Director of Human Resources 1
Director of Human Resources 1
Human Resources Division Manager 1
Management Analyst 1
Risk Manager 1

Information Technology
Dir. of Information Technology/Chief Information
Officer
1 Information Technology Service Manager 1
Senior Information Technology Services Manager 1

Library
Assistant City Librarian 1
City Librarian 1
Library Division Manager – Support Services 1
Management Analyst 1
Mayor and Council Office
Executive Assistant to Mayor and City Council 1

Police
Assistant Police Chief - Sworn 1
Communications Operations Manager 1
Management Analyst – Non-Sworn 1
Police Captain - Sworn 3
Police Chief - Sworn 1
Police Records Manager – Non-Sworn 1

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

Other
Consultant/New Positions* 1

As defined in 2 Cal. Code of Regs. Section 18700.3, as may be amended from time to time, "Consultant" means an individual who, pursuant to a contract with a state or local government agency:

APPENDIX A

CITY OF SANTA CLARA CONFLICT OF INTEREST CODE

DESIGNATED POSITIONS REQUIRED TO FILE

(A) Makes a governmental decision whether to:

1. Approve a rate, rule, or regulation;

2. Adopt or enforce a law;

3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or s imilar authorization or entitlement;

4. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;

5. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract;

6. Grant agency approval to a plan, design, report, study, or similar item;

7. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or

APPENDIX B

MASTER LIST OF DISCLOSURE CATEGORIES

Category 1 - All designated employees in this category shall disclose all sources of income, investments, interests in real property, and business positions required to be disclosed of those public officials named in Government Code section 87200.

Category 2 - All designated employees in this category shall disclose all sources of income, investments and business entities in which the designated employee holds a management position if the business entity engages in land development; construction; the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing and other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.

Category 3 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the City of Santa Clara to provide services, supplies, materials, machinery or equipment.

Category 4 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the designated employee's department.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1121 Agenda Date: 10/18/2022

REPORT TO COUNCIL

SUBJECT
Action to Authorize the City Manager to Negotiate, Execute, and Administer an Infrastructure Fee Credit and Fee Reimbursement Agreement with 2302 Calle Del Mundo, LLC and USA BH 26 for the Tasman East Specific Plan Area and Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure

BACKGROUND
On November 13, 2018, the City Council adopted the Tasman East Specific Plan (Specific Plan) to guide the transition of an underutilized 45-acre industrial neighborhood east of the Great America Transit Center into a pedestrian-friendly, transit-oriented development, providing for the addition of 4,500 new residential units near transit and jobs (Agenda Item 9). The Specific Plan also incorporates approximately 100,000 square feet of neighborhood-oriented and convenience retail and 10 acres of open space, including various outdoor recreational facilities and landscape features, such as a community garden, a public plaza, pocket parks and paseos.

On November 17, 2020, the City Council approved amendments to the Specific Plan (Agenda Item 3) as well as the establishment of the Specific Plan Infrastructure Impact Fee (Fee) program (Agenda Item 4). The Fee was adopted as a way to equitably distribute the infrastructure costs within the Specific Plan area among the various property owners. Based on 2020 cost information, the Fee program is intended to cover infrastructure costs equal to $30,289,894. When applied to new residential development in the Specific Plan area, the resulting Fiscal Year 2020-21 Fee was set at $6,731 per new residential unit within the Specific Plan area. The Fee has been adjusted annually to account for inflation and is currently $7,516.82 per residential unit for Fiscal Year 2022-23.

DISCUSSION
Per the Fee program requirements, developers are required to pay the Fee for new residential units constructed within the Specific Plan area prior to issuance of building permits. Developers are also required to dedicate public easements and construct certain frontage improvements per their project entitlements and many of these items that are covered by the Fee. Per the Fee program requirements, developers that dedicate public easements and construct improvements which are covered by the Fee may receive credits towards their required project Fee payment. Additionally, developers may also receive Fee reimbursements for dedicated public easements and improvements constructed that have a value in excess of the Fee payment required for their project.

Staff has been coordinating with two of the Specific Plan developers regarding possible Fee credits and reimbursements for their projects. 2302 Calle Del Mundo, LLC (Developer One) will be constructing 311 residential units on 1.87 acres at 5123 Calle Del Sol. USA BH 26 (Developer Two) City of Santa Clara Printed on 10/14/2022Page 1 of 3
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22-1121 Agenda Date: 10/18/2022
will be constructing 151 residential units on 0.98 acres at 2310 Calle Del Mundo. The two projects are shown in Attachment 1 (Project Location Map).

Developer One was the previous owner of Developer Two’s property and as part of their private land sale agreement, Developer One retained the Fee easement credits for Developer Two’s dedication of a Public Access Easement to the City for a portion of the future Calle Del Sol pedestrian and bicycle paseo. Developer One paid their required Fees and received construction credits on April 4, 2022 and Developer Two has indicated that they plan to pay their Fee this calendar year. A summary of the Fee, construction, and easement credits for Developers One and Two, as well as proposed reimbursements are shown in Table 1 below.

Table 1 - Fee Summary
Fee Construction
Credits
Fee w/
Construction
Credits
Easement
Dedication
Credits*
Proposed
Reimbursements**
Developer
One
$2,140,924 ($874,732) $1,266,192 ($1,771,716) $1,771,716 (paid 04/04/22)
Developer
Two
$1,135,040 ($2,558,185) ($1,423,145) $0 $1,423,145
* Developer Two will dedicate a Public Access Easement to the City and Developer One retained rights to receive credits or reimbursements.
** These amounts represent proposed reimbursements to the Developers.

The Developers have requested a three-party Infrastructure Fee Credit and Fee Reimbursement Agreement. The key provisions of the Agreement will likely include:
· Reimbursement per current Fee rates
· Developer One retains the Fee easement credits for Developer Two’s dedication of a Public Access Easement to the City
· Developer Two will construct the paseo improvements within their property · Reimbursements are subject to the availability of Specific Plan Fee funds It is estimated that the Infrastructure Fee Credit and Fee Reimbursement Agreement will be completed by the end of 2022. Staff recommends authorizing the City Manager to negotiate, execute, and administer an Infrastructure Fee Credit and Fee Reimbursement Agreement with Developers One and Two.

ENVIRONMENTAL REVIEW
The potential environmental impact of the Project was addressed in the EIR approved by the City Council on November 13, 2018 (Agenda Item 9) and the EIR addendum approved by City Council on November 17, 2020 (Agenda Item 3).

FISCAL IMPACT
The reimbursement agreement will be paid with developer contributions previously collected by the Fee. An action is recommended below to recognize year-to-date fees collected in FY 2022/23 and to increase the Tasman East Developer Reimbursements project to align with the reimbursements outlined in this memo.

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22-1121 Agenda Date: 10/18/2022
Budget Amendment
FY 2022/23
Current Increase/
(Decrease)
Revised
Tasman East Infrastructure Improvement
Fund (541)
Revenue
Tasman East Infrastructure Impact Fee $0 $2,413,605 $2,413,605 Expenditures
Tasman East Developer Reimbursement (CIP
#4611)
$2,849,684 $345,177 $3,194,861
Unrestricted Ending Fund Balance $863,838 $2,068,428 $2,932,266

COORDINATION
This report has been coordinated with the Finance Department and 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

1. Authorize the City Manager to negotiate, execute, and administer a three-party Infrastructure Fee Credit and Fee Reimbursement Agreement with 2302 Calle Del Mundo, LLC and USA BH 26 to allow for a reimbursement of $1,771,716 to 2302 Calle Del Mundo, LLC and $1,423,145 to USA BH 26;

2. Authorize the City Manager to execute any and all documents necessary for or associated with the Infrastructure Fee Credit and Fee Reimbursement Agreement, including payments to 2302 Calle Del Mundo, LLC and USA BH 26; and

3. Approve the FY 2022/23 budget amendment in the Tasman East Infrastructure Improvement Fund to recognize impact fee revenue in the amount of $2,413,605, increase the Tasman East Developer Reimbursement project in the amount of $345,177, and increase the unrestricted ending fund balance in the amount of $2,068,428 (five affirmative Council votes required to appropriate additional revenue).

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Project Location Map
City of Santa Clara Printed on 10/14/2022Page 3 of 3
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City of Santa Clara GIS Map
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
4,000
© City of Santa Clara

0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION
1:

NAD_1983_StatePlane_California_III_FIPS_0403_Feet
Miles0.10
Notes
Legend

0.06 Park
Site Addresses
Single
Multiple
Place
Transit
Streets
Air Parcels
Land Parcels
Land Parcels
Flood Control Easement
Right of Ways
Common Areas
City Operational Boundary
USA BH 26
2302 Calle Del Mundo, LLC
Tasman East Specific Plan Boundary

PROJECT LOCATION MAP
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1013 Agenda Date: 10/18/2022

REPORT TO COUNCIL

SUBJECT
Action on Adoption of a Resolution Establishing the Necessary Findings of Fact for Modifications to the California Building Standards; Action on Introduction of an Ordinance Amending Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” for the Adoption of the 2022 California Building Standards Code; and Setting November 1, 2022 for a Public Hearing on Adoption of such Ordinance

COUNCIL PILLARS
Deliver and Enhance High Quality Efficient Services and Infrastructure Promote Sustainability and Environmental Protection

BACKGROUND
Title 24 of the California Code of Regulations, also referred to as the California Building Standards Code, governs the design and construction of buildings, facilities and associated equipment throughout California. The California Building Standards Commission updates the Building Standards Code on a triennial basis to improve safety, sustainability, and resiliency, and to incorporate new technology, design, and construction methods. Throughout each code adoption cycle, amendments to the building codes are developed through a lengthy public participation process. State Code Advisory Committees provide recommendations to the California Building Standards Commission on the various proposed amendments to the Building Standards. Following this process, the California Building Standards Commission adopted the 2022 California Building Standards Code and published it in July 2022. The 2022 California Building Standards Code will become effective statewide on January 1, 2023.

Local jurisdictions are encouraged to participate in the development of the California Building Standards Code, to be adopted throughout the State, establishing a common level of standards that are universally applicable. Local jurisdictions may then adopt the California Building Standards Code to act as the governing Building Standards Code within their jurisdiction. The local adoption process provides an opportunity for each jurisdiction to make modifications to the Building Standards Code to align with local concerns, by making findings that local climatic, geographical, or topographical conditions justify making the modifications. Local modifications are commonly made to address local context and concerns that may not be applicable statewide. The City of Santa Clara adopted the current 2019 Building Standards Code, with amendments, in November of 2018, and those standards have been in effect since January 1, 2020. This ordinance would adopt the 2022 California Building Standards Code with local amendments as noted below, to be effective January 1, 2023.

Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” provides for regulations pertaining to design and construction of buildings in the City. For Santa Clara to City of Santa Clara Printed on 10/14/2022Page 1 of 4
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22-1013 Agenda Date: 10/18/2022
adopt the 2022 California Building Standards Code, Chapters in Title 15 will need to be amended accordingly in the proposed Ordinance. Local modifications are also incorporated into the proposed Ordinance, accompanied by a Resolution of Findings detailing the local climatic, geological, and topographical conditions justifying those modifications. Following adoption by the City, the Building Official will file a copy of the Ordinance and Resolution with the California Building Standards Commission.

DISCUSSION
As part of the triennial code adoption cycle, and pursuant to California Health and Safety Code Sections 17958 and 18941.5, staff recommends that the City Council adopt the 2022 California Building Standards Code. The parts of the 2022 California Building Standards Code that are included in the proposed adoption are the 2022 California Administrative Code, Building Code, Residential Code, Electrical Code, Mechanical Code, Plumbing Code, Existing Building Code, Energy Code, Historical Building Code and Green Building Standards Code. In addition, staff recommends that the Council adopt the 2021 International Property Maintenance Code published by the International Code Council.

For the City of Santa Clara, staff is recommending local amendments affecting two of the 2022 California Codes. These local amendments were included in the stakeholder outreach conducted by the City of Santa Clara Building Division. These local amendments are intended to address building safety concerns of relevance to Santa Clara and include the following elements:
1) 2022 California Building Code Chapter 9: Additional Automatic Fire Sprinkler Requirements for Group R3 Occupancies.
2) 2022 California Building Code, Chapter 10: Additional requirements for safe stairway configuration and the routing of emergency exit paths to facilitate emergency egress out of multi-story buildings.
3) 2022 California Building Code, Chapter 19: Additional requirements for Structural Plain Concrete in Seismic Design Category C, D, E or F. 4) 2022 California Residential Code Chapter 3: Additional Automatic Fire Sprinkler System Requirements for Group R3 Occupancies.

These proposed amendments are intended to promote building safety for future residents in the context of Santa Clara’s urban environment, particularly as the City is increasingly granting land use entitlements for higher density Type III and, in some cases, Type I construction, including the use of towers located above podiums. Ongoing evaluation at the State level is considering the requirement of similar measures to facilitate egress from such high-rise construction, particularly of concern in a serious seismic event that would be expected to result in fires as well as earthquake related structural damage.

Adoption of the 2022 California Building Standards Code, incorporating the proposed local amendments, would further the following General Plan policies related to the adoption of building codes and use of the Building Permit process to minimize safety risks for new development:

5.9.3-G1 A safe and secure environment for people and property in the community.

5.9.3 ‐
P1 Encourage design techniques that promote public and property safety in new City of Santa Clara Printed on 10/14/2022Page 2 of 4
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22-1013 Agenda Date: 10/18/2022
development and public spaces.

5.10.5-P6 Require that new development is designed to meet current safety standards and implement appropriate building codes to reduce risks associated with geologic conditionsThe proposed ordinance also adopts the 2022 versions of the California Energy Code and California Green Building Standards Code, without any local modifications. An update to the City of Santa Clara 2022 Reach Code, previously adopted in November of 2021 will be submitted under a separate ordinance. If the Council adopts the update to the Reach Code, the unmodified versions of the Energy Code and Green Building Standards Code will not go into effect.

ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15305 in that it is a minor alteration in land use limitations that will not result in any changes in land use or density, and section 15308 in that it is an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment.

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

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

PUBLIC CONTACT
A public notice of the public hearing to be held on November 1, 2022 is scheduled to be advertised in the Santa Clara Weekly publication on October 19, 2022 and October 26, 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

1. Introduce an Ordinance amending Chapter 15.05 ("Administrative Code"), Chapter 15.15 (“Building Code”), Chapter 15.17 (“Residential Code”), Chapter 15.18 ("Property Maintenance Code"), Chapter 15.20 (“Electrical Code”), Chapter 15.30 (“Mechanical Code”), Chapter 15.35 (“Plumbing Code”), Chapter 15.36 (“Energy Code”), Chapter 15.37 (“Historical Building Code”), Chapter 15.38 (“Green Building Code”), and Chapter 15.75 ("Existing Building Code") of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” for the adoption of the 2022 California Building Standards Code;

2. Adopt a Resolution Making Findings of Fact Necessary for the Specified Modifications to the 2022 California Building Code and 2022 California Residential Code Reflected in the Proposed Ordinance; and

3. Set a public hearing on November 1
st, 2022 pursuant to California Government Code Section 50022.3 for adoption of the Ordinance.

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22-1013 Agenda Date: 10/18/2022
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Building Division Code Adoption Resolution 2022

2. Building Division Code Adoption Ordinance 2022

3. Strike-through Ordinance for 2022 Building Code Adoption City of Santa Clara Printed on 10/14/2022Page 4 of 4
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Resolution/Adopting and Amending the 2022 California Building Code Page 1 of 23 City Council October 18, 2022
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
MAKING FINDINGS REQUIRED BY SECTIONS 17958.5 AND
18941.5 OF THE CALIFORNIA HEALTH AND SAFETY CODE
JUSTIFYING CERTAIN LOCAL MODIFICATIONS TO THE 2022
CALIFORNIA BUILDING CODE AND 2022 CALIFORNIA

RESIDENTIAL CODE TO INCREASE BUILDING SAFETY

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

WHEREAS, the State of California recently adopted and amended the Model Codes of the International Code Council and related Uniform Code publishers, and they will become applicable to all California cities as the California Building Standards Code on January 1, 2023; WHEREAS, pursuant to California Health and Safety Code sections 18941.5(b) and 17958.5, the City may adopt local amendments to the Model Codes; WHEREAS, the City of Santa Clara (“City”) has worked with other Bay Area jurisdictions and the International Code Council chapters to adopt local amendments which are necessary based upon our climatic, topographical or geological changes; and WHEREAS, the City must set forth the justifications for those local amendments.

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

1. That it finds and determines there is a need to adopt the changes or modifications because of local climatic, geological, and topographical conditions.

A. Climatic.
a. Precipitation. Average annual rainfall for the City is approximately 15.4 inches per year. The region continues to experience extended periods of drought, and is currently in the third year of an extended drought that began in 2019. In 2021, the Santa Clara Valley Water District declared a water shortage emergency and in 2022, the City’s Director of Emergency Services proclaimed a local drought emergency. In response, the City Council implemented the City’s Resolution/Adopting and Amending the 2022 California Building Code Page 2 of 23 City Council October 18, 2022
Water Shortage Contingency Plan. Following the 2016- 2017 winter season, which brought record levels of rain and snow, the region experienced widespread flooding. This cyclical pattern of extreme weather is expected to continue, increasing the fire and flood risk as the impacts of global warming intensify. Each of these cycles has the potential of adversely impacting the fire department ’s capabilities, from staffing to response times.
b. Relative Humidity. The average relative humidity ranges from 50% during daytime to 70% at night. It drops to approximately 40% during the summer months and occasionally exceeds 80% in the winter months. c. Temperatures. Temperatures have been recorded as high as 109° F. and as low as 19°F. Average summer highs are in the 78° –82° F. range and winter lows average 28°–35° F.
d. Winds. Prevailing winds are from the Northwest. However, winds are experienced from virtually every direction throughout the year. Velocities are generally in the 5-mph to 15-mph range, with a mean speed of 5.8 mph, and gusts ranging from 7.4 mph to 30 mph, particularly during the summer months.

Extreme winds, up to 60 mph, have been recorded.
e. Climatic Summary. These local climatic conditions affect the acceleration, intensity, and size of fires in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to vegetation and combustible construction. These impacts are only expected to grow as the region’ s population increases and the effects of global warming intensify. The winds experienced in the Santa Clara area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the City. During structure fires, winds can carry embers and burning brands t o other structures, Resolution/Adopting and Amending the 2022 California Building Code Page 3 of 23 City Council October 18, 2022
spreading the fire and posing the risk of conflagration. In building fires, winds can force fires back into the building and can create a “blowtorch effect,” increasing the fire’s intensity and speed of spread throughout the building.

B. Geological and Topographical
a. Geographic Location. The City of Santa Clara is located in Santa Clara Valley and is approximately 45 miles south of San Francisco and 382 miles north of Los Angeles.
b. Seismic Location.

The City of Santa Clara is situated on alluvial soils
between San Francisco Bay and the San Andreas Fault zone. The City's location makes its taller and older structures particularly vulnerable to damage caused by significant seismic events. The relatively young geological processes that created the San Francisco Bay Area are still active today. Seismically, the City sits between two active earthquake faults (San Andreas and the Hayward/Calaveras) and other potentially active faults. According to the Association of Bay Area Governments, the City of Santa Clara is located in a very high- risk seismic zone.

This zone includes the City’s industrial area, which contains the largest concentration of hazardous materials, and has seen a significant increase in high-density residential development.
c. Seismic Events, Fire and Hazardous Material Releases.

Fire following an
earthquake may potentially cause greater loss of life and damage than the earthquake itself. A large number of residential dwellings in the City have combustible roofs, which add significantly to the risk of structural fires after an earthquake. Should a significant seismic event occur, hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number of people. In the event of a widespread catastrophic event , public safety service resources would be seriously impacted, and possibly unavailable to effectively Resolution/Adopting and Amending the 2022 California Building Code Page 4 of 23 City Council October 18, 2022
respond to all emergencies.
d. Other variables increase the risk from fire and hazardous material releases after a major earthquake including:

1. The extent of damage to the water system;

2. The extent of isolation due to bridge and/or freeway overpass collapse;

3. The extent of roadway damage and/or amount of debris blocking the roadways;

4. Climatic conditions (hot, dry weather with high winds);

5. The time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours;

6. The availability of timely
mutual aid or military assistance;

7. The concentration of combustible structures (wood frame) in the residential, mercantile and light industrial zones.
e. Soil Conditions. The City lies at the southern end of San Francisco Bay and is built atop the alluvial deposits that surround the margins of the Bay. The alluvium was created by the flooding of the many streams emptying into the San Francisco Bay depression, and from intermittent seawater inundation that has occurred over the last 2 or 3 million years. The areas closest to the Bay are overlain by unconsolidated fine silty clay, known as Bay Mud, which vari es in thickness from a few feet to as much as 30 feet. Generally, the older, more stable alluvium is located to the south and the younger, less stable material is located to the north. Bedrock lies beneath the area at depths of 300 feet or more. f. Topography. The topography is essentially flat, dropping from an elevation of 94 feet to sea level. The slope across the City is in a northeasterly direction from the high point in the southwest corner to the Bay. The average Resolution/Adopting and Amending the 2022 California Building Code Page 5 of 23 City Council October 18, 2022
slope is approximately 0.9%.
g. Geographical and Topographical Summary. The stated local geological and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Fire Department. Beneath the City of Santa Clara are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes. Based on the damage caused in Santa Clara Valley by the 1906 and 1989 earthquakes and the poor performance of alluvial deposits during earthquakes, the City of Santa Clara areas could be subject to severe damage as a result of a major earthquake.

C. Related City Information:
a. Size and Population. The City of Santa Clara is the third largest city in Santa Clara County. The City occupies a total of 19.3 square miles and has a population of 127,647according to 2020 US census data. With the opening of the Levi’s Stadium in 2014 we have seen the transitory population increase to more than 200,000 during events.
b. Future Development. The City is in the process of developing several sites North of the Bayshore Freeway. Over the next 10- 20 years the number of residential units could grow by as many as 25,000 units. The City is also in the planning phase of two major Specific Plans that could see a significant increase in density, as well as much taller buildings over the next 20 years. c. Public Safety. The Fire Department is comprised of 167 employees in ten stations located throughout the City. The City Fire Department Insurance Service Organization Classification (ISO Rating) is Class 2, with adjacent areas rated between Class 2 and Class 9.
d. Fire Prevention. The City's fire prevention and hazardous materials philosophy requires that fire detection and suppression occur as quickly as Resolution/Adopting and Amending the 2022 California Building Code Page 6 of 23 City Council October 18, 2022
possible to minimize loss of life, property, and the environment. For these reasons, the most advanced fire detection, suppression, and hazardous materials alarms and mitigation measures (such as scrubbers) are required for most new development within the City.
e. Traffic. The number of vehicle miles driven in the City has steadily increased over the past decade. Considerable effort is being made to improve conditions impacting traffic in order to ease the crush of commuters through the City. Due to the City's high concentration of jobs, much of the peak traffic (about 75%) consists of nonresidents travelling to or through Santa Clara. The impact of current and future planned developments on traffic conditions will continue to affect the delivery of emergency services.
f. Industry. The City of Santa Clara is the site of more than 1, 000 regulated manufacturing, and research and development companies. Special precautions are required to minimize the risk to adjoining properties which have recently seen the development of high-density housing around many of these facilities . g. Zoning. The City of Santa Clara is updating its Zoning Code. The City’s update will make the code consistent with state and federal law and the direction provided in the 2010–2035 General Plan. All property and land uses in the City are governed by the City's General Plan. The Santa Clara General Plan is a road map to the future that encompasses the hopes, aspirations, values and dreams of the community. The time frame of the Plan is 2010-2035. The Plan contains the City’s official policies on land use and community design, transportation, housing, environmental resources and health and safety. h. Proximity of Industrial and Residential Uses. High -density residential uses are located near high-risk industries, necessitating specialized fire protection, and hazardous materials regulations being implement ed to ensure an adequate Resolution/Adopting and Amending the 2022 California Building Code Page 7 of 23 City Council October 18, 2022
level of safety for life, property and the environment . i. Transportation. The City of Santa Clara is divided by an interstate highway, which could potentially negatively affect emergency response times during any nature disaster or significant event.
j. B uildings, Landscaping and Clearances. Many of the designs of the newer large buildings and building complexes greatly limit visibility, approach and accessibility by Public Safety resources. Many houses and other buildings with wood roofs and/or siding are so close together that fire can readily spread by both radiation and convection.
k. Water Supply. The City of Santa Clara supplies its own water for commercial and residential needs. Water services are provided to residents and businesses in the City of Santa Clara by the Water Utility. The Water System consists of approximately 335 miles of water mains, 26 wells and 7 storage tanks with approximately 28.8 million gallons of water capacity. Sources available to the City include an extensive local underground aquifer and imported water supplies delivered by two wholesale water agencies: the Santa Clara Valley Water District (SCVWD) and the San Francisco Hetch-Hetchy system. l. Electric Power. The City of Santa Clara operates its own electric utility company, Silicon Valley Power (SVP). SVP currently provides over 40 percent of Santa Clara’s electricity from carbon free renewable resources. In addition to using green energy from large-scale wind, solar, geothermal and hydroelectric projects outside of the area, SVP employs innovative ways to locally produce electricity by capturing and burning methane gas from a closed city landfill and using power from solar generating systems on city -owned garages and vacant, unusable land. SVP participates in new technologies such as fiber optic networks, citywide Wi-Fi, advanced metering, digital substation controls, fuel Resolution/Adopting and Amending the 2022 California Building Code Page 8 of 23 City Council October 18, 2022
cells, and server virtualization, working to enhance the electric utility.

D. Specific Findings. In addition to changes justified on administrative grounds or by all of the general findings, several substantive sections are justified specifically, as set forth below.

2. 2022 California Building Code, Volume 1, Chapter 9, Fire Protection and Life Safety Systems, Section 903, Automatic Sprinkler Systems, Subsection 903.2.8.1, Group R-3. (Single family residences and duplexes; fire sprinklers.) .

A. Text Change: Subsection 903.2.8.1, Group R-3, is hereby amended by adding the following text immediately following Section 903.2.8.1 :
“Section 903.2.8.1.1 Additions to Group R3, Automatic Fire Sprinkler Systems. An automatic fire sprinkler system installed in accordance with Section 903.3.1.3, shall be provided throughout existing buildings, when additions are made that increase the square footage of a building by more than 1,200 square feet or the building total square footage will exceed 3,600 square feet. An automatic sprinkler system shall be provided throughout existing buildings when new basements regardless of size are added or when existing basements are expanded by more than 50%.”
B. General Finding: The weather, including high temperatures and winds, can significantly increase the chance that a structure fire can spread to neighboring properties.

Automatic fire sprinkler systems have a proven track record for containing fires and allowing for the control of fires by fewer firefighters than structures not protected by fire sprinklers.

C. Climatic Findings: The local climatic conditions in the City of Santa Clara can affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the City of Santa Clara area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the City of Santa Clara. During wood Resolution/Adopting and Amending the 2022 California Building Code Page 9 of 23 City Council October 18, 2022
shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts.

D. Geologic and Topographic Findings:

1. Seismic Location. The City is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The City's location makes its taller and older structures particularly vulnerable to damage caused by significant seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the City sits between two active earthquake faults (San Andreas and the Hayward/Calaveras) and other potentially active faults. According to the Association of Bay Area Governments, the City of Santa Clara is located in a very high -risk seismic zone.

2. Seismic Events. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A large number of residential dwellings in the City of Santa Clara have combustible roofs which add significantly to the risk of structural fires after an earthquake. In the event of widespread catastrophic event, public safety service resources would be seriously impacted and maybe unavailable to effectively respond to all emergencies.

3. Other variables that increase the risk from fire after a major earthquake:
a. The extent of damage to the water system;
b. The extent of isolation due to bridge and/or freeway overpass collapse;
c. The extent of roadway damage and/or amount of debris blocking the roadways;
d. Climatic conditions (hot, dry weather with high winds); e. Time of day will influence the amount of traffic on roadways and Resolution/Adopting and Amending the 2022 California Building Code Page 10 of 23 City Council October 18, 2022
could intensify the risk to life during normal business hours; f. The availability of timely mutual aid or military assistance; g. The concentration of combustible structures (wood frame) in the residential, mercantile and light industry zones.

3. 2022 California Building Code, Volume 1, Chapter 10, Means of Egress, Section 1011, Stairways, Subsection 1011.1, General .

A. Text Change: Subsection 1011.1 General, is hereby amended by adding the following text immediately following Subsection 1011.1:
“Section 1011.1.1 Stairway Configuration. Stairways shafts which are part of a required means of egress and which are required to be fire rated enclosed on any side, shall be entirely vertical without horizontal offsets.”
B. General Findings: The risk of fire for a building is usually greatest during its construction phase. The intensity of a fire involving a building under construction is directly influenced by challenging weather conditions, including but not limited to high temperatures, and winds. Since a building under construction does not generally have active fire protection systems, it is essential to have identified and unobstructed means of egress for the occupants to evacuate the building in an emergency.

C. Climatic Findings: The local climatic conditions in the City of Santa Clara can affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the City of Santa Clara area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the City of Santa Clara. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to Resolution/Adopting and Amending the 2022 California Building Code Page 11 of 23 City Council October 18, 2022
preventing "natural" ventilation and cross-ventilation efforts.

D. Geologic and Topographic Findings:

3. Other variables that increase the risk from fire after a major earthquake:
a. The extent of damage to the water system;
b. The extent of isolation due to bridge and/or freeway overpass collapse;
c. The extent of roadway damage and/or amount of debris blocking the roadways;
d. Climatic conditions (hot, dry weather with high winds); e. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; f. The availability of timely mutual aid or military assistance; g. The concentration of combustible structures (wood frame) in the Resolution/Adopting and Amending the 2022 California Building Code Page 12 of 23 City Council October 18, 2022
residential, mercantile and light industry zones.

4. 2 022 California Building Code, Volume 1, Chapter 10, Means of Egress, Section 1016, Exit Access, Subsection 1016.1, General.

A. Text Change: Subsection 1016.1, General, is hereby amended by adding the following text immediately following Subsection 1016.1:
“Section 1016.1.1 Exit Access Configuration. Exit Access in multi -story buildings which are part of the required means of egress from a stairway, and which are required to be fire rated, shall be routed to the exterior of the building or structure in the shortest configuration possible.”
B. General Findings: The risk of fire for a building is usually greatest during its construction phase. The intensity of a fire involving a building under construction is directly influenced by challenging weather conditions, including but not limited to high temperatures, and winds. Since a building under construction does not generally have active fire protection systems, it is essential to have identified and unobstructed means of egress for the occupants to evacuate the building in an emergency.

C. Climatic Findings: The local climatic conditions in the City of Santa Clara can affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the City of Santa Clara area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the City of Santa Clara. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts.

D. Geologic and Topographic Findings:

Resolution/Adopting and Amending the 2022 California Building Code Page 13 of 23 City Council October 18, 2022

1. Seismic Location. The City is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The City's location makes its taller and older structures particularly vulnerable to damage caused by significant seismic events . The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the City sits between two active earthquake faults (San Andreas and the Hayward/Calaveras) and other potentially active faults. According to the Association of Bay Area Governments, the City of Santa Clara is located in a very high -risk seismic zone.

3. Other variables that increase the risk from fire after a major earthquake:
a. The extent of damage to the water system;
b. The extent of isolation due to bridge and/or freeway overpass collapse;
c. The extent of roadway damage and/or amount of debris blocking the roadways;
d. Climatic conditions (hot, dry weather with high winds); e. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; f. The availability of timely mutual aid or military assistance; g. The concentration of combustible structures (wood frame) in the residential, mercantile and light industry zones.

5. 2022 California Building Code, Volume 1, Chapter 10, Means of Egress, Section Resolution/Adopting and Amending the 2022 California Building Code Page 14 of 23 City Council October 18, 2022
1022, Exits, Subsection 1022.1. (Interior Exit stairways and Ramps Configuration.) A. Text Change: Subsection 1022.1, General is hereby amended by adding the following text immediately following Subsection 1022.1: ` “Section 1022.1.1 Interior Exit Stairways and Ramps Configuration. Interior Exit Stairways and Ramps in multi-story buildings which are part of the required means of egress, and which are required to be fire rated, shall be routed to the exterior of the building or structure in the shortest configuration possible. ” B. General Findings: The risk of fire for a building is usually greatest during its construction phase. The intensity of a fire involving a building under construction is directly influenced by challenging weather conditions, including but not limited to high temperatures, and winds. Since a building under construction does not generally have active fire protection systems, it is essential to have identified and unobstructed means of egress for the occupants to evacuate the building in an emergency.

C. Climatic Findings: The local climatic conditions in the City of Santa Clara can affect the acceleration, intensity, and size of fire in the communi ty. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the City of Santa Clara area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the City of Santa Clara. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts.

D. Geologic and Topographic Findings:

1. Seismic Location. The City is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The City's location makes its taller and older Resolution/Adopting and Amending the 2022 California Building Code Page 15 of 23 City Council October 18, 2022
structures particularly vulnerable to damage caused by significant seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the City sits between two active earthquake faults (San Andreas and the Hayward/Calaveras) and other potentially active faults. According to the Association of Bay Area Governments, the City of Santa Clara is located in a very high -risk seismic zone.

3. Other variables that increase the risk from fire after a major earthquake:
a. The extent of damage to the water system;
b. The extent of isolation due to bridge and/or freeway overpass collapse;
c. The extent of roadway damage and/or amount of debris blocking the roadways;
d. Climatic conditions (hot, dry weather with high winds); e. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; f. The availability of timely mutual aid or military assistance; g. The concentration of combustible structures (wood frame) in the residential, mercantile and light industry zones.

6. 2022 California Building Code, Volume 2, Chapter 19, Concrete, Section 1905, Modifications to ACI 318, Use of Structural Plain Concrete in Structures assigned to Seismic Design Category C, D, E or F.

Resolution/Adopting and Amending the 2022 California Building Code Page 16 of 23 City Council October 18, 2022
A. Text Change: Subsection 1905.1.7, ACI 318, Section 14.1.4 is hereby amended to read as follows:
“1905.1.7 ACI 318 Section 14.1.4. Delete ACI 318, Section 14.1.4 and replace with the following:
“ 14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Left intentionally blank.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars not smaller than No. 4, with a total area of not less than 0.002 times the gross cross -sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections. ” B. General Finding: The weather, including high temperatures and winds, can significantly increase the chance that a structure fire can spread to neighboring properties.

Automatic fire sprinkler systems have a proven track record for containing fires and allowing for the control of fires by fewer firefighters than structures not protected by fire sprinklers.

C. Climatic Findings: The local climatic conditions in the City of Santa Clara can affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the City of Santa Clara area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the City of Santa Clara. During wood Resolution/Adopting and Amending the 2022 California Building Code Page 17 of 23 City Council October 18, 2022
shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts.

D. Geologic and Topographic Findings:

3. Other variables that increase the risk from fire after a major earthquake:
a. The extent of damage to the water system;
b. The extent of isolation due to bridge and/or freeway overpass collapse;
c. The extent of roadway damage and/or amount of debris blocking the roadways;
d. Climatic conditions (hot, dry weather with high winds); e. Time of day will influence the amount of traffic on roadways and Resolution/Adopting and Amending the 2022 California Building Code Page 18 of 23 City Council October 18, 2022
could intensify the risk to life during normal business hours; f. The availability of timely mutual aid or military assistance; g. The concentration of combustible structures (wood frame) in the residential, mercantile and light industry zones.

7. 2022 California Residential Code, Chapter 3, Building Planning, Section R313, Automatic Fire Sprinkler Systems, Subsection R313.1 , Townhouse Automatic Fire Sprinkler Systems.

A. Text Change: Subsection R313.1, Townhouse Automatic Fire Sprinkler Systems, is hereby deleted and replaced with the following:
“Section R313.1. Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses.

1. An automatic sprinkler system shall be provided throughout existing townhouses, when additions are made that increase the buildings square footage by more than 1,200 square feet or the building total square footage will exceed 3,600 square feet.

2. An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed where the additions are 1,200 square feet or less and the building area will be 3,600 square feet or less.

3. An automatic sprinkler system shall be provided throughout existing townhouses when all new basements regardless of size are added or when existing basements are expanded by more than 50%.

B. G eneral Finding: The weather, including high temperatures and winds, can significantly increase the chance that a structure fire can spread to neighboring properties.

Automatic fire sprinkler systems have a proven track record for containing fires and all owing for the control of fires by fewer firefighters than structures not protected by fire sprinklers.

Resolution/Adopting and Amending the 2022 California Building Code Page 19 of 23 City Council October 18, 2022
C. Climatic Findings: The local climatic conditions in the City of Santa Clara can affect the acceleration, intensity, and size of fire in the community . Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the City of Santa Clara area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the City of Santa Clara. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts.

D. Geologic and Topographic Findings:

3. Other variables that increase the risk from fire after a major earthquake:
a. The extent of damage to the water system;
Resolution/Adopting and Amending the 2022 California Building Code Page 20 of 23 City Council October 18, 2022
b. The extent of isolation due to bridge and/or freeway overpass collapse;
c. The extent of roadway damage and/or amount of debris blocking the roadways;
d. Climatic conditions (hot, dry weather with high winds); e. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; f. The availability of timely mutual aid or military assistance; g. The concentration of combustible structures (wood frame) in the residential, mercantile and light industry zones.

8. 2022 California Residential Code, Chapter 3, Building Planning, Section R313, Automatic Fire Sprinkler Systems, Subsection R313.2 , One- and Two-Family Dwellings Automatic Fire Sprinkler Systems.

A. Text Change: Section R313.2, One- and Two-Family Dwellings Automatic Fire Sprinkler Systems, is hereby deleted and replaced with:
“Section R313.2. One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one - and two-family dwellings, including Accessory Dwelling Units, except as otherwise provided below .

1. An automatic sprinkler system shall be provided throughout existing One- and Two- Family Dwellings, when additions are made that increase the One- and Two-Family Dwelling area by more than 1,200 square feet or the building total square footage will exceed 3,600 square feet. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system where the additions or alterations are 1,200 square feet or less and the building area will be 3,600 square feet or less. An automatic sprinkler system shall be provided throughout existing buildings when all new Resolution/Adopting and Amending the 2022 California Building Code Page 21 of 23 City Council October 18, 2022
basements regardless of size are added and when existing basements are expanded by more than 50%.

2. An automatic sprinkler system shall not be required for an Accessory Dwelling Unit, provided that all of the following are met:

2.1. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.

2.2. The existing primary residence does not have automatic fire sprinklers.

2.3. If the accessory dwelling unit is detached, it does not exceed 1,200 square feet in size.

2.4 The unit is on the same lot as the primary residence.” B. General Finding: The weather, including high temperatures and winds, can significantly increase the chance that a structure fire can spread to neighboring properties.

Automatic fire sprinkler systems have a proven track record for containing fires and allowing for the control of fires by fewer firefighters than structures not protected by fire sprink lers.

C. Climatic Findings: The local climatic conditions in the City of Santa Clara can affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to wood shake and shingle roof fires. The winds experienced in the City of Santa Clara area can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the City of Santa Clara. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts.

D. Geologic and Topographic Findings:

1. Seismic Location. The City is situated on alluvial soils between San Resolution/Adopting and Amending the 2022 California Building Code Page 22 of 23 City Council October 18, 2022
Francisco Bay and the San Andreas Fault zone. The City's location makes its taller and older structures particularly vulnerable to damage caused by significant seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the City sits between two active earthquake faults (San Andreas and the Hayward/Calaveras) and other potentially active faults. According to the Association of Bay Area Governments, the City of Santa Clara is located in a very high -risk seismic zone.

3. Other variables that increase the risk from fire after a major earthquake:
a. The extent of damage to the water system;
b. The extent of isolation due to bridge and/or freeway overpass collapse;
c. The extent of roadway damage and/or amount of debris blocking the roadways;
d. Climatic conditions (hot, dry weather with high winds); e. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours; f. The availability of timely mutual aid or military assistance; g. The concentration of combustible structures (wood frame) in the residential, mercantile and light industry zones.

//
Resolution/Adopting and Amending the 2022 California Building Code Page 23 of 23 City Council October 18, 2022

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: None

Ordinance/2022 Code Adoption Page 1 of 10
City Council October 18, 2022
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SANTA CLARA, CALIFORNIA,
AMENDING CHAPTER 15.05 ("ADMINISTRATIVE CODE"),
CHAPTER 15.15 (“BUILDING CODE”), CHAPTER 15.17
(“RESIDENTIAL CODE”), CHAPTER 15.18 ("PROPERTY
MAINTENANCE CODE") , CHAPTER 15.20 (“ELECTRICAL
CODE”), CHAPTER 15.30 (“MECHANICAL CODE”), CHAPTER

15.35 (“PLUMBING CODE”) , CHAPTER 15.36 (“ENERGY
CODE”), CHAPTER 15.37 (“HISTORICAL BUILDING CODE”) ,
CHAPTER 15.38 (“GREEN BUILDING CODE”), AND CHAPTER

15.75 (“EXISTING BUILDING CODE”), OF TITLE 15
(“BUILDINGS AND CONSTRUCTION”) OF “THE CODE OF THE
CITY OF SANTA CLARA, CALIFORNIA” FOR THE ADOPTION OF
THE 2022 CALIFORNIA BUILDING STANDARDS CODE , AS

AMENDED HEREIN

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

WHEREAS, the California Building Standards Commission has adopted and published an updated Title 24 of the California Code of Regulations, also referred to as the 2022 California Building Standards Code, that will become effective statewide on January 1, 2023; and WHEREAS, the City of Santa Clara has reviewed and determined to adopt the 2022 California Building Standards Code pursuant to California Health and Safety Code Sections 17958 and 18941.5.

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

SECTION 1: That Chapter 15.05 (“Administrative Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.05

ADMINISTRATIVE CODE

15.05.010 Adoption of Administrative Code.

The 2022 California Administrative Code published by the International Code Council, Inc. and the California Building Standards Commission in Part 1 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made Ordinance/2022 Code Adoption Page 2 of 10
City Council October 18, 2022
a part of this Chapter as though fully set forth herein. The 2022 Administrative Code shall be designated and referred to as the “Administrative Code” for the City of Santa Clara.” SECTION 2: That Chapter 15.15 (“Building Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.15

BUILDING CODE

15.15.010 Adoption of Building Code.

The 2022 California Building Code published by the International Code Council, Inc. and the California Building Standards Commission in Part 2 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendix A through Appendix O. The 2022 California Building Code shall be designated and referred to as the “Building Code” for the City of Santa Clara.

15.15.020 Group R3 Automatic Fire Sprinkler Systems
Volume 1 of the 2022 California Building Code, Chapter 9, Fire Protection and Life Safety Systems, Section 903, Automatic Sprinkler Systems, Subsection 903.2.8.1, Group R-3, is hereby amended by adding the following text immediately following Subsection 903.2.8.1 :
“Section 903.2.8.1.1 Additions to Group R3, Automatic Fire Sprinkler Systems. An automatic fire sprinkler system installed in accordance with Section 903.3.1.3, shall be provided throughout existing buildings, when additions are made that increase the square footage of a building by more than 1,200 square feet or the building total square footage will exceed 3,600 square feet.

An automatic sprinkler system shall be provided throughout existing buildings when new basements, regardless of size, are added or when existing basements are expanded by more than 50%.”

15.15.030 Stairways
Ordinance/2022 Code Adoption Page 3 of 10
City Council October 18, 2022
Volume 1 of the 2022 California Building Code, Chapter 10, Means of Egress, Section 1011, Stairways, Subsection 1011.1, General, is hereby amended by adding the following text immediately following Subsection 1011.1:
“Section 1011.1.1 Stairway Configuration. Stairways shafts which are part of a required means of egress and which are required to be fire rated enclosed on any side, shall be entirely vertical without horizontal offsets.”

15.15.040 Exit Access
Volume 1 of the 2022 California Building Code, Chapter 10, Means of Egress, Section 1016, Exit Access, Subsection 1016.1, General, is hereby amended by adding the following text immediately following Subsection 1016.1:
“Section 1016.1.1 Exit Access Configuration. Exit Access in multi -story buildings which are part of the required means of egress from a stairway, and which are required to be fire rated, shall be routed to the exterior of the building or structure in the shortest configuration possible. ”

15.15.050 Interior Exit Stairways and Ramps
Volume 1 of the 2022 California Building Code, Chapter 10, Means of Egress, Section 1022, Exits, Subsection 1022.1, General, is hereby amended by adding the following text immediately following Subsection 1022.1:
“Section 1022.1.1 Interior Exit Stairways and Ramps Configuration. Interior Exit Stairways and Ramps in multi-story buildings which are part of the required means of egress, and which are required to be fire rated, shall be routed to the exterior of the building or structure in the shortest configuration possible.”

15.15.060 Plain Concrete
Volume 2 of the 2022 California Building Code, Chapter 19, Concrete, Section 1905, Modifications to ACI 318, Subsection 1905.1.7, ACI 318, Section 14.1.4 is hereby amended to read as follows:
“1905.1.7 ACI 318 Section 14.1.4. Delete ACI 318, Section 14.1.4 and replace with the Ordinance/2022 Code Adoption Page 4 of 10
City Council October 18, 2022
following:

14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Left intentionally blank.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars not smaller than No. 4, with a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.”
SECTION 3: That Chapter 15.17 (“Residential Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.17

RESIDENTIAL CODE

15.17.010 Adoption of Residential Code.

The 2022 California Residential Code published by the International Code Council, Inc. and the California Building Standards Commission in Part 2.5 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendi ces: AH, AJ, AQ, AV, AX and AZ. The 2022 California Residential Code shall be designated and referred to as Ordinance/2022 Code Adoption Page 5 of 10
City Council October 18, 2022
the “Residential Code” for the City of Santa Clara.”

15.17.020 Townhouse Automatic Fire Sprinkler Systems
California Residential Code, Chapter 3, Building Planning, Section R313, Automatic Fire Sprinkler Systems, Subsection R313.1, Townhouse Automatic Fire Sprinkler Systems, is hereby deleted and replaced with the following:
“Section R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses .

1. An automatic sprinkler system shall be provided throughout existing townhouses, when additions are made that increase buildings square footage by more than 1,200 square feet or the building total square footage will exceed 3,600 square feet.

3. An automatic sprinkler system shall be provided throughout existing townhouses when new basements, regardless of size, are added or when existing basements are expanded by more than 50%.

15.17.030 One- and Two-Family Dwellings Automatic Fire Sprinkler Systems California Residential Code, Chapter 3, Building Planning, Section R313, Automatic Fire Sprinkler Systems, Subsection R313.2, One- and Two-Family Dwellings Automatic Fire Sprinkler Systems, is hereby deleted and replaced with:
“Section R313.2. One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings, including Accessory Dwelling Units, except as otherwise provided below .

1. An automatic sprinkler system shall be provided throughout existing One- and Two-Family Dwellings, when additions are made that increase buildings square footage by more than 1,200 Ordinance/2022 Code Adoption Page 6 of 10
City Council October 18, 2022
square feet or the building total square footage will exceed 3 ,600 square feet. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system where the additions or alterations are 1,200 square feet or less and the building area will be 3,600 square feet or less. An automatic sprinkler system shall be provided throughout One- and Two-Family Dwellings when new basements, regardless of size, are added and existing basements are expanded by more than 50%.

2. An automatic sprinkler system shall not be required for an Accessory Dwelling Unit, provided that all of the following are met:

2.1. The unit meets the definition of an Accessory Dwelling Unit as defined in Government Code Section 65852.2.

2.2. The existing primary residence does not have automatic fire sprinklers.

2.3. If the accessory dwelling unit is detached, it does not exceed 1,200 square feet in size.

2.4 The unit is on the same lot as the primary residence.” SECTION 4: That Chapter 15.18 (“Property Maintenance Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.18

PROPERTY MAINTENANCE CODE

15.18.010 Adoption of International Property Maintenance Code

The 2021 International Property Maintenance Code, published by the International Code Council, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2021 International Property Maintenance Code shall be designated and referred to as the “Property Maintenance Code” for the City of Santa Clara.

15.18.020 References to “Housing Code”.

Ordinance/2022 Code Adoption Page 7 of 10
City Council October 18, 2022
Any reference to the “Housing Code” contained within the Code of the City of Santa Clara, California shall be interpreted as reference to the Property Maintenance Code. ” SECTION 5: That Chapter 15.20 (“Electric Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.20

ELECTRICAL CODE

15.20.010 Adoption of Electrical Code.

The 2022 California Electrical Code, published by the National Fire Protection Association and the California Building Standards Commission in Part 3 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Electrical Code shall be designated and referred to as the “ Electrical Code” for the City of Santa Clara.” SECTION 6: That Chapter 15.30 (“Mechanical Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.30

MECHANICAL CODE

15.30.010 Adoption of Mechanical Code.

The 2022 California Mechanical Code, published by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 4 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Mechanical Code shall be designated and referred to as the “ Mechanical Code” for the City of Santa Clara.”
SECTION 7: That Chapter 15.35 (“Plumbing Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced Ordinance/2022 Code Adoption Page 8 of 10
City Council October 18, 2022
with the following:
“Chapter 15.35

PLUMBING CODE

15.35.010 Adoption of Plumbing Code.

The 2022 California Plumbing Code, published by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 5 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendix A through Appendix M. The 2022 California Plumbing Code shall be designated and referred to as the “Plumbing Code” for the City of Santa Clara.” SECTION 8: That Chapter 15.36 (“Energy Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.36

ENERGY CODE

15.36.010 Adoption of Energy Code.

The 2022 California Energy Code published by the International Code Council, Inc. and the California Building Standards Commission in Part 6 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Energy Code shall be designated and referred to as the “Energy Code” for the City of Santa Clara.” SECTION 9: That Chapter 15.37 (“Historical Building Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is hereby repealed in its entirety and replaced with the following :
“Chapter 15.37

HISTORICAL BUILDING CODE

15.37.010 Adoption of Historical Building Code.

Ordinance/2022 Code Adoption Page 9 of 10
City Council October 18, 2022
The 2022 California Historical Building Code, published by the California Building Standards Commission in Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Historical Building Code shall be designated and referred to as the “Historical Building Code” for the City of Santa Clara. ” SECTION 10: That Chapter 15.38 (“Green Building Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is hereby repealed in its entirety and replaced with the following:
“Chapter 15.38

GREEN BUILDING STANDARDS CODE

15.38.010 Adoption of Green Building Standards Code.

The 2022 California Green Building Standards Code, published by the California Building Standards Commission in Part 11 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Green Building Standards Code shall be designated and referred to as the “Green Building Standards Code” for the City of Santa Clara. ” SECTION 11: That Chapter 15.75 (“California Existing Building Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.75

EXISTING BUILDING CODE

15.75.010 Adoption of Existing Building Code.

The 2022 California Existing Building Code published by the International Code Council, Inc. and the California Building Standards Commission in Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Existing Building Code shall be designated and referred to as the “Existing Building Code” for the City of Santa Ordinance/2022 Code Adoption Page 10 of 10
City Council October 18, 2022
Clara.”
SECTION 12: 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 13: Sections 8 and 10 of this ordinance modify the City’s Energy Code and Green Building Code, which are also proposed to be modified by Ordinance No. XXXX (2023 Reach Code). Sections 8 and 10 of this ordinance shall only become effective if Ordinance No. XXXX is not enacted within 30 days of the adoption date of this ordinance. If Ordinance No. X XXX is adopted within 30 days of the adoption date of this ordinance, Sections 8 and 10 of this ordinance shall not become operative.

SECTION 14: Effective date. This ordinance shall take effect thirty (30) days after its final adoption, but no sooner than January 1, 2023 ; however, prior to its final adoption it shall be published in accordance with the requirements of California Government Code Section 50022.3 and Section 808 and 812 of “The Charter of the City of Santa Clara, California.” PASSED FOR THE PURPOSE OF PUBLICATION this _____ 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
I:\BLDG\Ordinance\2022 Code Adoption
Ordinance/2022 Code Adoption Page 1 of 11
Strike-through Ordinance for Council Reference 10/18/’22 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING CHAPTER 15.05 ("ADMINISTRATIVE
CODE"), CHAPTER 15.15 (“BUILDING CODE”), CHAPTER

15.17 (“RESIDENTIAL CODE”), CHAPTER 15.18 ("PROPERTY
MAINTENANCE CODE") , CHAPTER 15.20 (“ELECTRICAL
CODE”), CHAPTER 15.30 (“MECHANICAL CODE”), CHAPTER

15.35 (“PLUMBING CODE”) , CHAPTER 15.36 (“ENERGY
CODE”), CHAPTER 15.37 (“HISTORICAL BUILDING CODE”) ,
CHAPTER 15.38 (“GREEN BUILDING CODE”), AND CHAPTER

15.75 (“EXISTING BUILDING CODE”), OF TITLE 15
(“BUILDINGS AND CONSTRUCTION”) OF “THE CODE OF THE
CITY OF SANTA CLARA, CALIFORNI A” FOR THE ADOPTION
OF THE 2022 CALIFORNIA BUILDING STANDARDS CODE, AS

AMENDED HEREIN

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

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

ADMINISTRATIVE CODE

15.05.010 Adoption of Administrative Code.

The 2022 California Administrative Code published by the International Code Council, Inc. and the California Building Standards Commission in Part 1 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made Ordinance/2022 Code Adoption Page 2 of 11
Strike-through Ordinance for Council Reference 10/18/’22 a part of this Chapter as though fully set forth herein. The 2022 Administrative Code shall be designated and referred to as the “Administrative Code” for the City of Santa Clara.” SECTION 2: That Chapter 15.15 (“Building Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.15

BUILDING CODE

15.15.010 Adoption of Building Code.

15.15.020 Group R3 Automatic Fire Sprinkler Systems
Volume 1 of the 2022 California Building Code, Chapter 9, Fire Protection and Life Safety Systems, Section 903, Automatic Sprinkler Systems, Subsection 903.2.8.1, Group R-3, is hereby amended by adding the following text immediately following Subsection 903.2.8.1:
“Section 903.2.8.1.1 Additions to Group R3, Automatic Fire Sprinkler Systems. An automatic fire sprinkler system installed in accordance with Section 903.3.1.3, shall be provided throughout existing R3 occupancies buildings, when additions are made that increase the R3 occupancy area to more than square footage of a building by more than 1,200 square feet or the building total square footage will exceed 3,600 square feet. An automatic sprinkler system shall be provided throughout existing buildings when new basements regardless of size are added or when existing basements are expanded by more than 50%.”

15.15.030 Stairways
Ordinance/2022 Code Adoption Page 3 of 11
Strike-through Ordinance for Council Reference 10/18/’22 Volume 1 of the 2022 California Building Code, Chapter 10, Means of Egress, Section 1011, Stairways, Subsection 1011.1, General, is hereby amended by adding the following text immediately following Subsection 1011.1:
“Section 1011.1.1 Stairway Configuration. Stairways shafts which are part of a required means of egress and which are required to be fire rated enclosed on any side, shall be entirely vertical without horizontal offsets.”

15.15.040 Exit Access
Volume 1 of the 2022 California Building Code, Chapter 10, Means of Egress, Section 1016, Exit Access, Subsection 1016.1, General, is hereby amended by adding the following text immediately following Subsection 1016.1:
“Section 1016.1.1 Exit Access Configuration. Exit Access in multi-story buildings which are part of the required means of egress from a stairway, and which are required to be fire rated, shall be routed to the exterior of the building or structure in the shortest configuration possible.”

14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Left intentionally blank.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars not smaller than No. 4, with a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.”
SECTION 3: That Chapter 15.17 (“Residential Code”) of Title 15 (“Buildings and Construction” ) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.17

RESIDENTIAL CODE

15.17.010 Adoption of Residential Code.

The 2022 California Residential Code published by the International Code Council, Inc. and the California Building Standards Commission in Part 2.5 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The adoption includes Appendices: AH, AJ, AQ, AV, AX and AZ. The 2022 California Residential Code shall be designated and referred to as Ordinance/2022 Code Adoption Page 5 of 11
Strike-through Ordinance for Council Reference 10/18/’22 the “Residential Code” for the City of Santa Clara.”

1. An automatic sprinkler system shall be provided throughout existing townhouses, when additions are made that increase the townhouse area to more than buildings square footage by more than 1,200 square feet or the building total square footage will exceed 3,600 square feet.

3. An automatic sprinkler system shall be provided throughout existing townhouses when new basements, regardless of size, are added or when existing basements are expanded by more than 50%.

1. An automatic sprinkler system shall be provided throughout existing One- and Two-Family Dwellings, when additions are made that increase the One- and Two-Family Dwelling area Ordinance/2022 Code Adoption Page 6 of 11
Strike-through Ordinance for Council Reference 10/18/’22 buildings square footage by more than 1,200 square feet or the building total square footage will exceed 3,600 square feet. An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system where the additions or alterations will result in an area of are 1,200 square feet or less and the building area will be 3,600 square feet or less. An automatic sprinkler system shall be provided throughout One- and Two-Family Dwellings when all new basements, regardless of size, are added and existing basements are expanded by more than 50%.

2. An automatic sprinkler system shall not be required for an Accessory Dwelling Unit, provided that all of the following are met:

2.1. The unit meets the definition of an Accessory Dwelling Unit as defined in Government Code Section 65852.2.

2.2. The existing primary residence does not have automatic fire sprinklers.

2.3. If the accessory dwelling unit is detached, it does not exceed 1,200 square feet in size.

2.4 The unit is on the same lot as the primary residence.” SECTION 4 : That Chapter 15.18 (“Property Maintenance Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.18

PROPERTY MAINTENANCE CODE

15.18.010 Adoption of International Property Maintenance Code

Ordinance/2022 Code Adoption Page 7 of 11
Strike-through Ordinance for Council Reference 10/18/’22

15.18.020 References to “Housing Code”.

Any reference to the “Housing Code” contained within the Code of the City of Santa Clara, California shall be interpreted as reference to the Property Maintenance Code.” SECTION 5: That Chapter 15.20 (“Electric Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.20

ELECTRICAL CODE

15.20.010 Adoption of Electrical Code.

The 2022 California Electrical Code, published by the National Fire Protection Association and the California Building Standards Commission in Part 3 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Electrical Code shall be designated and referred to as the “Electrical Code” for the City of Santa Clara.” SECTION 6: That Chapter 15.30 (“Mechanical Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCC C”) is repealed in its entirety and replaced with the following:
“Chapter 15.30

MECHANICAL CODE

15.30.010 Adoption of Mechanical Code.

The 2022 California Mechanical Code, published by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission in Part 4 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Mechanical Code shall be designated and referred to as the “Mechanical Code” for the City of Santa Clara.”
SECTION 7: That Chapter 15.35 (“Plumbing Code”) of Title 15 (“Buildings and Construction”) of Ordinance/2022 Code Adoption Page 8 of 11
Strike-through Ordinance for Council Reference 10/18/’22 “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.35

PLUMBING CODE

15.35.010 Adoption of Plumbing Code.

ENERGY CODE

15.36.010 Adoption of Energy Code.

HISTORICAL BUILDING CODE

Ordinance/2022 Code Adoption Page 9 of 11
Strike-through Ordinance for Council Reference 10/18/’22

15.37.010 Adoption of Historical Building Code.

The 2022 California Historical Building Code, published by the California Building Standards Commission in Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Historical Building Code shall be designated and referred to as the “Historical Building Code” for the City of Santa Clara.” SECTION 10 : That Chapter 15.38 (“Green Building Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is hereby repealed in its entirety and replaced with the following:
“Chapter 15.38

GREEN BUILDING STANDARDS CODE

15.38.010 Adoption of Green Building Standards Code.

The 2022 California Green Building Standards Code, published by the California Building Standards Commission in Part 11 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Green Building Standards Code shall be designated and referred to as the “Green Building Standards Code” for the City of Santa Clara.” SECTION 11: That Chapter 15.75 (“California Existing Building Code”) of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.75

EXISTING BUILDING CODE

15.75.010 Adoption of Existing Building Code.

The 2022 California Existing Building Code published by the International Code Council, Inc. and the California Building Standards Commission in Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and by this reference expressly incorporated and made a part of this Chapter as though fully set forth herein. The 2022 California Existing Building Ordinance/2022 Code Adoption Page 10 of 11
Strike-through Ordinance for Council Reference 10/18/’22 Code shall be designated and referred to as the “Existing Building Code” for the City of Santa Clara.”
SECTION 12: 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.

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ___________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Ordinance/2022 Code Adoption Page 11 of 11
Strike-through Ordinance for Council Reference 10/18/’22 Attachments incorporated by reference: None
I:\BLDG\Ordinance\2022 Code Adoption

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1020 Agenda Date: 10/18/2022

REPORT TO COUNCIL

SUBJECT
Action to Adopt a Resolution Establishing the Necessary Findings of Fact for Amendments to the California Building Standards; Action to Waive First Reading and Approve Introduction of an Ordinance Adopting the 2022 California Fire Code, as Amended, as the 2022 Santa Clara Municipal Fire and Environmental Code (SCCC Chapter 15.60); and Setting November 1, 2022 for a Public Hearing on Adoption of Said Ordinance

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The International Fire Code (IFC) is a model fire code that regulates minimum fire and life safety requirements for new and existing buildings, facilities, storage and processes. In California, the California Building Standards Commission adopts the IFC with new statewide amendments every three years. This adopted code is known as the California Fire Code (CFC) and is found in Part 9 of Title 24 of the California Code of Regulations. Title 24 is commonly referred to as the California Building Standards Code. The State of California published the CFC on July 1, 2022, with an effective date of January 1, 2023. If a City wishes to adopt the CFC with amendments, then action must be taken to make certain findings, and adopt the code amendments, prior to the effective date of the CFC. The proposed Resolution and Ordinance state the required factual findings for the proposed amendments to the CFC.

DISCUSSION
The amendments and revisions set forth here establish the requirements of the 2022 Santa Clara Municipal Fire and Environmental Code. All Santa Clara County Fire Departments, through the Santa Clara County Fire Marshal’s Fire Code Work Group (a subcommittee of the Santa Clara County Fire Chiefs’ Association), have worked towards making the Code more uniform throughout the County.

Many of the proposed amendments to the Santa Clara Municipal Fire and Environmental Code were developed in cooperation with other cities and fire districts within Santa Clara County to provide regulatory consistency. Many of the amendments presented are proposed for adoption by most fire agencies in Santa Clara County, except for the administrative sections of the Code.

Because the code is developed by such a diverse group of interests and regions, the CFC is utilized as a code of minimum standards. Different climates, topography, geology, firefighting tactics, firefighting capabilities, and resources warrant different levels of protection. For these reasons and others, cities and fire districts amend and adopt codes, which are more restrictive than the California Building Standards Code (Title 24, Part 9) or the underlying model codes of the International Code Council. The proposed Resolution sets forth the climactic, topographical, geological and/or geographical reasons for each specific amendment to the CFC.

City of Santa Clara Printed on 10/14/2022Page 1 of 2
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22-1020 Agenda Date: 10/18/2022

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 in the environment.

FISCAL IMPACT
There are no economic or fiscal impacts anticipated. Council has previously approved a cost recovery mechanism for the development and inspection mandates in the form of inspection fees as allowed by the Health and Safety Code.

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

RECOMMENDATION

1. Waive first reading and approve introduction of an ordinance amending Chapter 15.60 of the Santa Clara City Code (“Santa Clara Municipal Fire and Environmental Code”) to adopt the 2022 California Fire Code, as amended;

2. Adopt a Resolution establishing the findings of fact necessary for the specified amendments to the 2022 California Fire Code reflected in the proposed Ordinance, as a subset of the California Building Standards; and

3. Set a public hearing on November 1, 2022, for final adoption of the ordinance amending Chapter

15.60 of the Santa Clara City Code (“Santa Clara Municipal Fire and Environmental Code”) to adopt the 2022 California Fire Code, as amended.

Reviewed by: Ruben Torres, Fire Chief,
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. 2022 Resolution - Environmental-Fire Code Amendments.

2. 2022 Ordinance - Environmental-Fire Code Amendments.

City of Santa Clara Printed on 10/14/2022Page 2 of 2
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Resolution/Adopting and Amending the 2019 California Fire Code Page 1 of 32 Rev: 010/18/2022
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

FINDING AND DETERMINING THE NEED FOR MODIFICATIONS
TO THE CALIFORNIA FIRE CODE, 2022 EDITION

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

WHEREAS, the State of California recently adopted and amended the 2021 International Fire Code, establishing the 2022 California Fire Code;
WHEREAS, the 2022 California Fire Code will automatically go into effect on January 1, 2023; WHEREAS, the 2022 California Fire Code is contained within, and is a subset of, the California Building Standards Code, which may be amended by a local jurisdiction to establish more restrictive standards, pursuant to California Health and Safety Code, §18941.5 and §17958, et seq.;
WHEREAS, restrictive standards established by a local jurisdiction pursuant to this authority must be reasonably necessary because of local climatic, geological, or topographical conditions ; WHEREAS, restrictive standards established by a local jurisdiction must be supported by the findings required by Health and Safety Code §17958, et seq.; WHEREAS, the City of Santa Clara Fire Department has worked with other Santa Clara County Fire Agencies in the Santa Clara County Fire Code Work Group to develop necessary amendments to the California and International Fire Code; and, WHEREAS, the City of Santa Clara (“City”) finds it necessary to amend the 2022 California Fire Code, as adopted and amended by the State of California, in order to maintain a reasonable degree of fire and life safety within the City because of local climatic, geological, and/or topographical conditions.

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

1. Legislative Findings. Modifications and changes contained in the Santa Clar a Municipal and Environmental Code, 2022, are required in order to provide specific and greater protections Resolution/Adopting and Amending the 2019 California Fire Code Page 2 of 32 Rev: 010/18/2022
to the public health, safety and welfare than are afforded by the California Fire Code due to geological, climatic, and topographic conditions.

A. This amendment is necessary for administrative clarification and does not modify a California Building Standard pursuant to California Health and Safety Code Sections 17958, 17958.5 and 17958.7. This amendment established administrative standards for the effective enforcement of the Fire Code within the City of Santa Clara.

B. This amendment is justified on the basis of a local geological condition. The City is subject to earthquake hazards caused by its location between San Francisco Bay and the San Andreas Fault zone and being situated on alluvial soils. The City's location makes its taller and older structures particularly vulnerable to damage caused by significant seismic events.

The relatively young geological processes that have created the San Francisco Bay Ar ea are still active today. Seismically, the City sits between two active earthquake faults (San Andreas and the Hayward/Calaveras) and other potentially active faults. According to the Association of Bay Area Governments the City of Santa Clara is located in a very high-risk seismic zone. This includes the industrial area, which contains the largest concentration of hazardous materials. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. A la rge number of residential dwellings in the City of Santa Clara have combustible roofs which add significantly to the risk of structural fires after an earthquake. Should a significant seismic event occur, hazardous materials, particularly toxic gases could pose the greatest threat to the largest number of people. In the event of a widespread catastrophic event, public safety resources would be seriously impacted and may be unavailable to effectively respond to all emergencies. Other variables may tend to increase the risk from fire and hazardous material releases after a major earthquake:

1. The extent of damage to the water system;

2. The extent of isolation due to bridge and/or freeway overpass collapse; Resolution/Adopting and Amending the 2019 California Fire Code Page 3 of 32 Rev: 010/18/2022

3. The extent of roadway damage and/or amount of debris blocking the roadways;

4. Climatic conditions (hot, dry weather with high winds);

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours;

6. The availability of timely mutual aid or military assistance;

7. The concentration of combustible structures (wood frame) in the residential, mercantile and light industry zones.

C. This amendment is justified on the basis of a local climatic condition. The seasonal climatic conditions during the late summer and fall create severe fire hazards to the public health and welfare in the city. The city and region continue to experience extended periods of drought. This cyclical pattern of extreme weather is expected to continue, increasing the fire and flood risk as the impacts of global warming intensify. Each of these cycles has the potential of adversely impacting the fire department’s capabilities, from staffing to response times. The average relative humidity ranges from 50% during daytime to 70% at night. It drops to approximately 40% during the summer months and occasionally exceeds 80% in the winter months. Temperatures have been recorded as high as 109° F. and as low as 19°F. Average summer highs are in the 78°–82° F. range and winter lows average 28°–35° F. Wind velocities are generally in the 5-mph to 15-mph range, with a mean speed of 5.8 mph, and gusts ranging from 7.4 mph to 30 mph, particularly during the summer months.

Extreme winds, up to 60 mph, have been recorded. The winds experienced in Santa Clara can have a tremendous impact upon structure fires where buildings are in close proximity to one another, which is commonly found in the City. During structure fires, winds can carry embers and burning brands to other structures, spreading the fire and posing the risk of conflagration. In building fires, winds can force fires back into the building and can create a “blowtorch effect,” increasing the fire’s intensity and speed of spread throughout the building.

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These local climatic conditions affect the acceleration, intensity, and size of fires in a community. Times of little or no rainfall, low humidity, and high temperatures create extremely hazardous fire conditions, particularly as they relate to vegetation and combustible construction. These impacts are only expected to grow as the region’s population increases and the effects of global warming intensify.

D. This amendment is justified on the basis of a local topographic condition. While Santa Clara topography is relatively flat its location to the San Francisco Bay, and being bisected by a major highway (101) poses unique hazards. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Santa Clara. These topographical conditions create a situation, which places emergency response times at risk and makes it necessary to provide enhanced fire protection and life safety systems and measures to protect the property, people, environment, and community.

The legislative finding for each modification and changes for each modification are made pursuant to Sections 17958.5 and 17958.7 of the California Health and Safety Code as set forth in the staff report dated October 18, 2022, and attached thereto, entitled “Santa Clara Municipal and Environmental Code, 2022, Analysis of Amendments to the California Fire Code” attached hereto as Exhibit “1” and by this reference incorporated herein.

2. Effective date. This Resolution shall become effective on the same date as Ordinance No.__________, which adopts and amends the California Building Standards Code, as the Santa Clara Municipal Fire & Environmental Code, 2022.

3. Transmission. The City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the California Building Standards Commission of the State of California.

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:

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AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

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EXHIBIT 1

Amendment 1
202 Corrosive liquid. Corrosive liquid is:

1. any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or

2. any liquid having a pH of 2 or less or 12.5 or more; or

3. a ny liquid classified as corrosive by the U.S. Department of Transportation; or

4. any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.

Amendment 2
202 Fire code official . The Fire Marshal is the design ated authority charged with the administration and enforcement of this code.

Amendment 3
202 Secondary containment. The level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.

Amendment 4
202 Health hazard - Other. A hazardous material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage), sensitizers or teratogens (effect on fetuses).

Amendment 5
202 Large-scale fire testing. Testing a representative energy storage system that induces a significant fire into the device under test and evaluates whether the fire will spread to adjacent energy storage system units, surrounding equipment, or through an adjacent fire-resistance-rated barrier.

Amendment 6
202 Spill control. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room.

Amendment 7
202 Workstation. A defined space or an independent principal piece of equipment using flammable or unstable (Class 3 or 4 as ranked by NFPA 704) hazardous materials where a Resolution/Adopting and Amending the 2019 California Fire Code Page 7 of 32 Rev: 010/18/2022
specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, detection devices, electrical devices and other processing and scientific equipment.

Amendment 8
202 U nified Program Agency . The C ity of Santa Clara Fire Department has been designated the Certified Program Agency by the State of California Environmental Protection Agency’s (CalEPA). The CUPA protects Californians from hazardous waste and hazardous materials by ensuring consist ency throughout the state regarding the implementation of administrative requirements, permits, inspections, and enforcement at the local regulatory level.

Amendment 9
407.5 Hazardous Materials Inventory Statement. Each application for a permit shall submit a Hazardous Materials Inventory Statement (HMIS) in accordance with Section 5001.5.2 whenever hazardous materials are used.

Amendment 10
407.6 Hazardous Materials Business Plan (HMBP). Where required by the fire code official, facilities shall submit a Hazardous Materials Business Plan (HMBP) as required by California Health & Safety Code (HSC), Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4. The HMBP shall be electronically submitted in accordance with the fire code official’s requested timeframe and no less frequently than is required by the HSC.

Amendment 11
407.7 Facility/Equipment closure plans. The permit holder or applicant shall submit to the fire code official a facility/equipment closure plan in accordance with Section 5001.6.3 to terminate storage, dispensing, handling or use of hazardous materials.

Amendment 12
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and the Santa Clara Fire Department Apparatus Access Standard.

Amendment 13
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) for engines, and 26 feet (7925 mm) for aerial fire apparatus exclusive of sh oulders, except for approved gates or barricades in accordance with Sections 503.5.1 and 503.6. The unobstructed vertical clearance shall be a minimum of 13 feet 6 inches (4115 mm), or as determined by the fire code official.

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Amendment 14
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 30 feet (9144 mm) inside, and a minimum of 50 feet (15240 mm) outside.

Amendment 15
503.2.7 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.

Amendment 16
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including the public streets, alleys, or highways. The minimum width for commercial applications is 20 feet (6096 mm), and 14 feet (4268 mm) for single-family dwellings. Electric gate operators, where provided shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.

Amendment 17
503.6 Security gates. The installation of security gates acros s a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm), and 14 feet (4268 mm) for single-family dwellings.

Amendment 18
504.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar d evices, which would inhibit r apid fire department emergency access to within and throughout the building are installed, such devices shall be approved by the fire code official. All electrically powered access control devices shall be provided with an approv ed means for deactivation or u nlocking from a single location or otherwise approved by the fire code official. Access control devices shall also comply with Chapter 10 of the California Fire Code.

Amendment 19
505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast wit h their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches (153 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fir e code official, address identific ation shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or Resolution/Adopting and Amending the 2019 California Fire Code Page 9 of 32 Rev: 010/18/2022
means shall be used to identify the structure. Address identification shall be maintained.

The following is a guideline for adequate address number dimensions:

1. The number posted up to 49 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a half (½) inch stroke.

2. The number posted from 50 to 100 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a one (1) inch stroke.

3. The number posted over 100 to 199 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (10) inches high with a one and a half (1½) inch stroke.

4. The number posted over 200 to 299 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (18) inches high with a two (2) inch stroke.

5. The number posted over 300 to 400 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (24) inches high with a two and a half (2½) inch stroke.

Amendment 20
505.3 Site directories. When required by the fire code official, approved site directories, illustrating and identifying buildings, important site features, and access roads shall be installed and maintained at multi-building complexes.

Amendment 21
510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.4 or an equivalent SINR applicable to the technology for either analog or digital signals.

Amendment 22
603.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical dis connects. Manual r eset of required protection devi ces shall be provided.

Amendment 23
605.5 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R-3, R3.1 and R- 4 and ambulatory care facilities.

Amendment 24
605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:

1. Inside of any occupancy where connected to the fuel gas container.

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2. Inside of tents, canopies and membrane structures.

3. On exterior balconies and rooftops.

Amendment 25
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned to Risk Category III or IV, or in fire areas containing Group R occupancies with an occupant load greater than 100, and other occupancies as determined necessary, special inspections for through-penetrations, membrane penetration firestops, fire resistant joint systems and perimeter fire containment systems that are tested and listed in accordance with CBC Sections 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall be in accordance with Section 1705.18.1 or 1705.18.2.

Amendment 26
807.5.1.2.2 Foam plastics, decorations, textile and film materials. Foam plastics, textile and film materials and other decorative materials and materials containing foam plastics shall be in accordance with the following:

1. Exhibit booth construction shall have a maximum heat-release rate of 100 kilowatts when tested in accordance with UL 1975.

2. Decorative objects, including but not limited to mannequins, murals, and signs shall have a maximum heat-release rate of 150 kilowatts when tested in accordance with UL 1975.

Exception: When the aggregate area of murals, signs or similar decorative objects occupies less than 10 percent of the floor or wall area, this requirement may be waived by the fire code official.

3. Theater, motion picture and television stage settings with or without horizontal projections and simulated caves or caverns shall have a maximum heat-release rate of 100 kilowatts when tested in accordance with UL 1975.

Amendment 27
807.5.7 Group F-1 motion picture and television production studio sound stages, approved production facilities and production locations without live audiences. 807.5.7.1 Foam plastics, decorations, textile and film materials. Foam plastics, textile and film materials and other decorative materials and materials containing foam plastics shall be in accordance with the following:

1. Exhibit booth construction shall have a maximum heat-release rate of 100 kilowatts when tested in accordance with UL 1975.

2. Decorative objects, including but not limited to mannequins, murals and signs, shall have a maximum heat-release rate of 150 kilowatts when tested in accordance with UL 1975.

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Exception: When the aggregate area of murals, signs or similar decorative objects occupies less than 10 percent of the floor or wall area, this requirement may be waived by the fire code official.

Amendment 28
901.6.2 Integrated testing. Where two or more fire protection or life safety systems are interconnected, the intended response of subordinate fire protection and life safety systems shall be verified when required testing of the initiating system is conducted. In addition, integrated testing shall be performed in accordance with Sections 901.6.2.1 and 901.6.2.2.

Amendment 29
901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official.

Amendment 30
901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a smoke control system as outlined in Section 909, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official.

Amendment 31
901.6.3 Records. Records of all system inspections, tests and maintenance required by the referenced standard shall be maintained on the premises for a minimum of five years. See 907.7 & 907.8 for fire alarm system inspection, testing and maintenance documentation requirements. When required, records shall be uploaded to an electronic inspection database of the fire departments choosing at no cost to the jurisdiction.

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Amendment 32
903.2 Where required . Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or Sections 903.2.1 through 903.2.12, w hichever is the more r estrictive, and Sections 903.2.14 through 903.2.21.

For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the Californi a Building Code and shall be without openings or penetrations.

1. An automatic sprinkler system shall be installed throughout all new buildings and structures greater than 1,200 square feet.

Exception: Group S-2 or U occupancies used exclusively for vehicle parking or photovoltaic arrays that do not exceed 5000 square feet.

2. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations.

3. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, I, L, M, R, S and U buildings and structures, when additions are made that increase the buildings square foot by more than 1200 square feet or the building total square footage exceeds 3,600 square feet.

4. Any change of occupancy or change in use of any building when that change in use would place the building into a more hazardous division of the same occupancy group.

Amendment 33
909.20.1 Schedule : A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and operational testing must occur at least annually.

Amendment 34
1202.1 Definitions. The following terms are defined in Chapter 2:

BATTERY SYSTEM, STATIONARY STORAGE.

BATTERY TYPES.

CAPACITOR ENERGY STORAGE SYSTEM.

CRITICAL CIRCUIT.

EMERGENCY POWER SYSTEM.

ENERGY STORAGE MANAGEMENT SYSTEMS.

ENERGY STORAGE SYSTEM (ESS).

ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.

ENERGY STORAGE SYSTEM, MOBILE.

ENERGY STORAGE SYSTEM, WALK-IN UNIT.

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ENERGY STORAGE SYSTEM CABINET.

ENERGY STORAGE SYSTEM COMMISSIONING.

ENERGY STORAGE SYSTEM DECOMMISSIONING.

FUEL CELL POWER SYSTEM, STATIONARY.

LARGE-SCALE FIRE TESTING
PORTABLE GENERATOR.

STANDBY POWER SYSTEM.

Amendment 35
1207.1.5 Large-scale fire test. Where required elsewhere in Section 1207, large scale fire testing shall be conducted in accordance with NFPA 855, and UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas and walk-in units will be contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in Section 1207.7.4. The test report shall be provided to the fire code official for review and approval in accordance with Section 104.8.2.

Amendment 36
1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS installation shall be inspected and tested in accordance with the manufacturer’s ins instructions and the operation and maintenance manual. Inspection and testing records shall be maintained in the operation and maintenance manual and made available to the fire code official upon request.

Amendment 37
1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units containing electrochemical ESS shall not exceed the maximum allowable quantities in Table 1207.5. The allowable number of fire areas, maximum allowable quantity, and fire-resistance rating of fire-barriers shall comply with Table 1207.5.1.

Exceptions: Where approved by the fire code official, rooms, areas and walk-in units containing electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based on a hazardous mitigation analysis in accordance with Section 1207.1.4 and large-scale fire testing complying with Section 1207.1.5.

1. Lead-acid and nickel-cadmium battery systems installed in facilities under the exclusive control of communications utilities and operating at less than 50 VAC and 60 VDC in accordance with NFPA 76.

2. Dedicated-use buildings in compliance with Section 1207.7.1.

TABLE 1207.5.1

DESIGN AND NUMBER OF ESS FIRE AREAS

STORY PERCENTAGE

OF MAXIMUM

ALLOWABLE

QUANTITY
NUMBER

OF FIRE
AREAS
PER
FIRE-

RESISTANCE

RATING FOR
FIRE
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PER FIRE
AREA

STORY BARRIERS IN
HOURS
Above
grade plan
Higher than 9
7-9
6 5
4 3
2 1
25 50
50 50
75 100
100
100
1 2
2 2
4 6
6 6
3 2
2 2
2 2
2 2
Below
grade plan
1 2
Lower than 2
100
50 Not Allowed
4 2
Not Allowed
3 3
Not Allowed

Amendment 38
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in units containing electrochemical ESS shall be protected by an automatic fire suppression system designed and installed in accordance with one of the following:

1. An automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 with a minimum density of 0.3 gpm/ft2 (1.14 L/min) based on the fire area or 2,500 square-foot (232 m2) design area, whichever is larger.

2. Where approved, an automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 with a sprinkler hazard classification based on large-scale fire testing complying with Section 1207.1.5.

3. The following alternative automatic fire-extinguishing systems designed and installed in accordance with Section 904, provided that the installation is approved by the fire code official based on large-scale fire testing complying with Section 1207.1.5:

3.1 NFPA 12, Standard on Carbon Dioxide Extinguishing Systems.

3.2 NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection.

3.3 NFPA 750, Standard on Water Mist Fire Protection Systems.

3.4 NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.

3.5 NFPA 2010, Standard for Fixed Aerosol Fire-Extinguishing Systems.

Exception: Fire suppression systems for lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that operate at less than 50 VAC and 60 VDC shall be provided where required by NFPA 76.

Amendment 39
1207.11.3 Location. ESS shall be installed only in the following locations:

1. Detached garages and detached accessory structures.

2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section R302.6.

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3. Outdoors or on the exterior side of the exterior walls not less than 3 feet (914 mm) from doors and windows directly entering the dwelling unit and not below or above any emergency escape and rescue openings.

4. E nclosed utility closets, basements, storage, or utility spaces within dwelling units with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished wood-framed construction shall be provided with not less than 5/8- inch (15.9 mm) Type X gypsum wallboard.

5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into sleeping rooms or in habitable spaces of dwelling units.

Amendment 40
1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with the following:

1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section 907.2.11.

2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within dwelling units, sleeping units and attached garages where smoke alarms cannot be installed based on their listing.

Exceptions:

1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.

2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.

Amendment 41
3305.5 Fire watch. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch shall be provided for building demolition and for building construction. Fire watch is not intended to facilitate occupancy during ongoing construction in a new building.

Amendment 42
3305.6 Fire Walls. When fire walls are required in combustible construction, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather-protected at the location of the wall(s).

Amendment 43
3308.11 Fire protection. All wood frame construction projects exceeding three stories in height, except R-3 occupancies, shall be provided with a listed fire alarm system during construction. The fire alarm system shall be monitored by a listed monitoring company. A permit for the installation and subsequent modifications of the system are required. The design and installation shall comply with the fire department’s standards.

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Amendment 44
3308.12. Construction site security. Construction projects exceeding three stories in height, or when determined necessary by the fire code official shall have an electronic security system installed, except for R-3 occupancies, during construction. The electronic data is required to be maintained 24-hours a day, seven days a week. The data is required to be maintained for a minimum of 30-days off-site and made available to the fire department upon request. The electronic security camera layout plan shall be incorporated into the construction safety plan and is required to be approved prior to the start of construction.

Amendment 45
3308.13. Phased occupancy requests. When occupancy of one phase of a construction project is requested prior to the completion of the entire project, a phased occupancy plan is required to be submitted to the fire department for approval. A fire protection engineering firm or fire protection engineer is required to develop the plan, supervise the implementation, and conduct field compliance inspections on a frequency determined necessary by the fire code official, but not less than once a week.

Amendment 46
3311.1 Required access. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available.

3311.1.1 Fire department apparatus access roadways: All construction sites shall be accessible by fire department apparatus by means of roadways having an all- weather driving service of not less than 20ft. of unobstructed width. The roads shall have the ability to withstand the live loads of fire apparatus and have a minimum 13 ft. 6 in. of vertical clearance. Dead en d fire acces s roads in excess of 150 ft. in length shall be provided with approved turnarounds. When approved by the Fire Code Official, temporary access roadways may be utilized until such time that the permanent roadways are installed. As a minimum, the roadway shall consist of a compacted sub base and six (6) inches of road base material (Class 2 aggregate base rock) both compacted to a minimum 95% and sealed. The perimeter edges of the roadway shall be contained and delineated by curb and gutter or other approved method. The use of geotextile reinforcing fabric underlayment or soils lime-treatment may be required if so determined by the project civil engineer. Provisions for surface drainage shall also be provided where necessary. The integrity of the roadway shall be maintained at all times.

Amendment 47
3312.1 Stairways Required. Each level above the first story in multi-story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level.

Stairways serving more than two floor levels shall be enclosed (with openings adequately Resolution/Adopting and Amending the 2019 California Fire Code Page 17 of 32 Rev: 010/18/2022
protected) after exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintai ned clear of debris and construction materials at all times.

Exception: For multi -story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).

Amendment 48
3312.4 Required Means of Egress. All buildings under construction shall have at least one unobstructed means of egress. All means of egress shall be identified in the written fire safety plan as required by Section 3303.1.

Amendment 49
3315.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the California Building Code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved.

In new buildings of combustible construction where, automatic fire sprinkler systems are required to be installed, the system shall be placed in service as soon as possible.

Immediately upon the completion of sprinkler pipe installation on each floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the fire department, each floor level of sprinkler piping shall be connected to the system supply riser and placed into service with all sprinkler heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed.

Amendment 50
5001.2.2.2 Health Hazards. The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard.

1. H ighly toxic and toxic materials.

2. Corrosive materials.

3. Health hazards - Other

Amendment 51
5001.5.1 Hazardous materials business plan (HMBP). Where required by the fire code official, facilities shall submit a Hazardous Materials Business Plan (HMBP) as required by California Health & Safety Code (HSC), Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4. The HMBP shall be electronically submitted in accordance with the fire code official’s requested timeframe and no less frequently than is required by the HSC.

Amendment 52
5002.1 Definitions. The following terms are defined in Chapter 2:

BOILING POINT.

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CEILING LIMIT.

CHEMICAL.

CHEMICAL NAME.

CLOSED CONTAINER.

CONTAINER.

CONTROL AREA.

CYLINDER.

DAY BOX.

DEFLAGRATION.

DESIGN PRESSURE.

DETACHED BUILDING.

DISPENSING.

EXCESS FLOW CONTROL.

EXHAUSTED ENCLOSURE.

EXPLOSION.

FLAMMABLE VAPORS OR FUMES.

GAS CABINET.

GAS ROOM.

HANDLING.

HAZARDOUS MATERIALS.

HEALTH HAZARD.

HEALTH HAZARD – OTHER.

IMMEDIATELY DANGEROUS TO LIFE AND
HEALTH (IDLH).

INCOMPATIBLE MATERIALS.

LIQUID.

LOWER EXPLOSIVE LIMIT (LEL).

LOWER FLAMMABLE LIMIT (LFL).

MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.

NORMAL TEMPERATURE AND PRESSURE (NTP).

OUTDOOR CONTROL AREA.

PERMISSIBLE EXPOSURE LIMIT (PEL).

PESTICIDE.

PHYSICAL HAZARD.

PRESSURE VESSEL.

SAFETY CAN.

SAFETY DATA SHEET (SDS).

SECONDARY CONTAINMENT.

SEGREGATED.

SOLID.

SPILL CONTROL.

STORAGE, HAZARDOUS MATERIALS.

SYSTEM.

TANK, ATMOSPHERIC.

TANK, PORTABLE.

TANK, STATIONARY.

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TANK VEHICLE.

UNAUTHORIZED DISCHARGE.

USE (MATERIAL).

VAPOR PRESSURE.

Amendment 53
5003.1.5 Health Hazards - Other. The storage, use and handling of materials classified as other health hazards including carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with Section 5003.

Amendment 54
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In addition to the requirements set forth in Section 5004.2. An approved containment system is required for any quantity of hazardous materials that are liquids or solids at normal temperature and pressure (NTP), where a spill is determined to be a plausible event and where such an event would endanger people, property or the environment.

The approved containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2.

Amendment 55
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and r elated components used for hazardous materials shall be in accordance with the following:

1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject.

2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara Fire Department Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed.

3. Readily accessible manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing at the following locations:

1. The point of use.

2. The tank, cylinder or bulk use.

4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be identified and the location shall be clearly visible accessible and indicated by means of a sign.

5. Backflow prevention or check valves shall be provided when the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials.

6. Where gases or liquids having a hazard ranking of:

1. Health Class 3 or 4

2. Flammability Class 4

3. Instability Class 4

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in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency shutoff or excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical.

Exceptions:

1. Piping for inlet connections designed to prevent backflow.

2. Piping for pressure relief devices.

7. Secondary containment or equivalent protection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Tables 6004.2 and 6004.3. Secondary containment includes but is not limited to double-walled piping.

Exceptions:

1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inter materials.

2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close valve activated by a loss of vacuum.

8. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials.

Amendment 56
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials .

Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME B31.3 and the following:

1. Piping and tubing ut ilized for the transmission of toxic, highly toxic, or highly volatile corrosive liquids and gases shall have welded or brazed connections throughout except for connections within an exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid.

2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire-resistance-r ated construction or in concealed spaces in areas not classified as Group H Occupancies.

3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems.

Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancies Resolution/Adopting and Amending the 2019 California Fire Code Page 21 of 32 Rev: 010/18/2022
when installed in accordance with Section 415.11.7.4 of the California Building Code as required for Group H, Division 5 Occupancies.

Amendment 57
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.

Amendment 58
5003.5.3 “H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required.

Amendment 59
5003.10.4 Elevators utilized to transport hazardous materials. 5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers other than the individual(s) handling the chemical transport cart.

5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there shall be no occupants in the elevator.

5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters (5.28 gal).

5003.10.4.3 Toxic, highly toxic, asphyxiate gases, and corrosive gases shall be limited to a container of a maximum water capacity of 1 lb.

5003.10.4.4 When transporting cryogenic or liquefied compressed gases, means shall be provided to prevent the elevator from being summoned to other floors.

Amendment 60
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings, or areas used for storage of hazardous material liquids shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:

1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.

2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes.

3. Sumps and collection systems

4. Other approved engineered systems.

Except for surfacing, the floors, sills, dikes, sumps, and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system.

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Amendment 61
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent secondary containment systems.

Amendment 62
5402.1 Definition. The following term is defined in Chapter 2:

CORROSIVE.

CORROSIVE LIQUIDS

Amendment 63
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.

Exceptions: The use of fireworks for fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures television, theatrical or group entertainment productions as allowed by Section 5608.

Amendment 64
5608.1 General. Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks and this section. Permits can be revoked, denied, or modified to address extreme weather events, poor air quality, or noise when deemed necessary for the protection of the public health and well-being by the fire code official.

5608.1.1 Scope. Fireworks and temporary storage, use, and handling of pyrotechnic special effects material used in motion pictures, television, and theatrical and group entertainment productions shall be in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks.

5608.1.2 Additional Safety Requirements. When determined necessary the fire code official has the authority to require additional safety measures be implemented for the storage and/or use of pyrotechnics of any classification.

Amendment 65
5704.2.7.5.8 Overfill P revention. An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.

Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).

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Amendment 66
5704.2.7.5.9 Automatic Filling of Tanks . Systems that automatically fill flamm able or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.

Amendment 67
5704.2.13.1.4 Tanks abandoned in place. Tanks abandoned in place, when approved by the fire code official, shall be as follows:

1. Flammable and combusti ble liquids shall be removed from the tank and connected piping.

2. The suction, inlet, gauge, vapor return and vapor lines shall be disconnected.

3. The tank shall be filled completely with an approved inert solid material.

4. Remaining underground piping shall be capped or plugged.

5. A record of tank size, location and date of abandonment shall be retained.

All exterior above- grade fill piping shall be permanently removed w hen tanks are abandoned or removed.

Amendment 68
5707.3.3 Site plan. A site plan shall be developed for each location at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property lines, and appurtenances on site and their use or function; all uses adjacent to the lot lines of the site; fueling locations, the locations of all storm drain openings and adjacent waterways or wetlands; information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and the scale of the site plan.

Amendment 69
5809.3.4 Site plan. For other than emergency roadside service, a site plan shall be developed for each location at which mobile gaseous hydrogen fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property lines and appurtenances on site and their use and function, and the scale of the site plan.

Amendment 70
6004.1 General. The storage and use of highly toxic and toxic compressed gases shall comply with this section. Materials stored and used as a gas, whether or not the material meets the definition of a compressed gas, and meets the definition of a highly toxic, and toxic shall comply with this Section.

6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, and toxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1 .3.

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6004.1.1.1 Group A, E, I or U occupancies. Highly toxic and toxic compressed gases shall not be stored or used within Group A, E, I or U occupancies.

Exception: Cylinders not exceeding 20 cubic feet (0.566 m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.

6004.1.1.2 Group R occupancies. Highly toxic, and toxic compressed gases shall not be stored or used in Group R occupancies.

6004.1.1.3 Offices, retail sales and classrooms. Highly toxic, and toxic compressed gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies.

Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.

Amendment 71
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not exceeding the maximum allowable quantities per control area. The indoor storage or use of highly toxic, and toxic gases in amounts exceeding the minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.4.

Amendment 72
Table 6004.2.1.4 is added to read.

TABLE 6004.2.1.4
Minimum Threshold Quantities for Highly Toxic and Toxic Gases for Indoor Storage and Use
Highly Toxic 20 cubic feet
Toxic 405 cubic feet

Amendment 73
6004.2.2.10.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station when a short-term hazard condition is detected. The alarm shall be both audible and visible and shall provide warning both inside and outside the area where gas is detected. The audible alarm shall be distinct from all other alarms.

Amendment 74
6004.4 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, and toxic compressed gases shall be in accordance with Sections 6004.4 through 6004.4.8.2.

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6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets, exhausted enclosures, or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures.

Exceptions: Where a gas detection system is provided in accordance with 6004.4.8

6004.4.2 Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area.

6004.4.3 Piping and controls. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders shall comply with the following requirements:

1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means of excess flow control on all tank and cylinder inlet or outlet connections.

Exceptions:

1. Inlet connections designed to prevent backflow.

2. Pressure relief devices.

6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following requirements:

1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.

2. Gas rooms shall be equipped with an approved automatic sprinkler system. Alternative fire- extinguishing systems shall not be used.

6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures, and gas rooms, required in Section 6004.4.1 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.

Exceptions:

1. Highly toxic, and toxic gases - storage. A treatment system is not required for cylinders, containers, and tanks in storage where all of the following controls are provided:

1.1 V alve outlets are equipped with gas- tight outlet plugs or caps.

1.2 Hand wheel-operated valves have handles secured to prevent movement.

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1.3 Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.

2. Highly toxic, and toxic gases - use. Treatment systems are not required for highly toxic, and toxic gases supplied by stationary tanks, portable tanks, or cylinders where a gas detection system complying with Section 6004.4.8 and listed or approved automatic-closing fail- safe valves are provided. The gas detection system shall have a sensing interval not exceeding 5 minutes. Automatic-closing fail-safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.

6004.4.5.1 Design. Treatment systems shall be capable of diluting, adsorbing, absorbing, containing, neutralizing, burning or otherwise processing the contents of the largest single vessel of compressed gas. Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium.

6004.4.5.2 Performance. Treatment systems shall be designed to reduce the maximum allowable discharge concentrations of the gas to one-half immediately dangerous to life and health (IDLH) at the point of discharge to the atmosphere.

Where more than one gas is emitted to the treatment system, the treatment system shall be designed to handle the worst-case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used.

6004.4.5.3 Sizing. Treatment systems shall be sized to process the maximum worst-case release of gas based on the maximum flow rate of release from the largest vessel utilized. The entire contents of the largest compressed gas vessel shall be considered.

6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of release for the compressed gas contained based on valves or fittings that are inserted directly into the tank. Where multiple valves or fittings are provided, the maximum flow rate of release for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation purposes. Flow rates indicated on the label shall be converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP).

6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable tanks and cylinders shall be calculated based on the total release from the cylinder or tank within the time specified in Table 6004.4.6 Where portable tanks or cylinders are equipped with approved excess flow or reduced flow valves, the worst-case release shall be determined by the maximum achievable Resolution/Adopting and Amending the 2019 California Fire Code Page 27 of 32 Rev: 010/18/2022
flow from the valve as determined by the valve manufacturer or compressed gas supplier. Reduced flow and excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under normal temperature and pressure.

6004.4.6. Emergency power. Emergency power shall be provided for the following systems in accordance with Section 604:

1. Exhaust ventilation system.

2. Treatment system.

3. Gas detection system.

4. Smoke detection system.

6004.3.6.1 Fail-safe systems. Emergency power shall not be required for mechanical exhaust ventilation and treatment systems where approved fail- safe systems are installed and designed to stop gas flow.

6004.4.7 Automatic fire detection system. An approved automatic fire detection system shall be installed in rooms or areas where highly toxic, and toxic compressed gases are stored or used. Activation of the detection system shall sound a local alarm. The fire detection system shall comply with Section 907.

6004.4.8 Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which detection is provided.

Exceptions:

1. A gas detection system is not required for toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.

2. A gas detection system is not required for highly toxic, and toxic gases where cylinders, portable tanks, and all non-continuously welded connects are within a gas cabinet or exhausted enclosures.

6004.4.8.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location.

6004.4.8.2 Shut-off of gas supply. The gas detection system shall automatically close the shut off valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.

Exception: Emergency shutoff valves that are ready access and constantly attended/supervised.

Amendment 75
6101.3 Construction documents. Where a LP-gas container is 250 gallons or greater in water capacity, the installer shall submit construction documents for such installation.

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Amendment 76
6405.3.4 Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the silane distribution system.

Local Amendments Justification Matrix – California Fire Code Amendment
No.

CFC
Section or
Table
Title Added
to
CFC
Amended
from
CFC
Justification
(As referenced
in the
Legislative
Findings)

1. 202 Corrosive Liquid X B, C & D

2. 202 Fire Code Official X A

3. 202 Secondary Containment X B, C & D

4. 202 Health Hazard – Other X B & D

5. 202 Large-Scale Fire Testing X B, & D

6. 202 Spill Control X B, & D

7. 202 Workstation X B, & D

8. 202 Unified Program Agency X A

9. 407.5 Hazardous Materials
Inventory Statement
X B

10. 407.6 Hazardous Materials
Business Plan
X B

11. 407.7 Facility/Equipment Closure
Plans
X B

12. 503.1 Fire Apparatus Access
Roads

X B, C, & D

13. 503.2.1 Dimensions X B, C, & D
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14. 503.2.4 Turning Radius X B, C, & D

15. 503.2.7 Grade X B, C, & D

16. 503.5 Gates & Barricades X B, C, & D

17. 503.6 Security Gates X B, C, & D

18. 504.5 Access Control Devices X B, C, & D

19. 505.1 Address Identification X B, C, & D

20. 505.3 Site Directories B, C, & D

21. 510.4.12 Minimum Signal Strength
Out of Building

X B, C & D

22. 603.11 Immersion Heaters X B

23. 605.5 Portable Unvented Heaters X B, & C

24. 605.5.2.1.1 Prohibited Locations X B, & C

25. 703.3 Fire-Resistance
Penetrations & Joints

26. 807.5.1.2.2 Foam plastics, decorations,
textile and film materials
X A

27. 807.5.7 Group F-1 motion picture
and television production
studio sound stages,
approved production
facilities and production
locations without live
audiences.

X A

28. 901.6.2 Integrated Testing X B, C & D

29. 901.6.2.1 High-Rise Building X B, C & D
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30. 901.6.2.2 Smoke Control Systems X B, C & D

31. 901.6.3 Records X B, C & D

32. 903.2 Automatic Fire Sprinklers X B, C & D

33. 909.20.1 Schedule - Smoke Control
Testing

B, C & D

34. 1202.1 Large-Scale Fire Testing
Definition

X A, B, & D

35. 1207.1.5 Large-Scale Fire Test X B, & D

36. 1207.2.2.1 Ongoing Inspection &
Testing

X B, & D

37. 1207.5.2 MAQ X B, & D

38. 1207.5.5 Fire Suppression System X B, & D

39. 1207.11.3 ESS Location X B, & D

40. 1207.11.6 Fire Detection X A

41. 3305.5 Fire Watch X B, C & D

42. 3305.6 Fire Walls X B, C & D

43. 3308.11 Fire Protection X B, C & D

44. 3308.12 Construction Site Security X B, C & D

45. 3308.13 Phase Occupancy
Requests

X B, C & D

46. 3311.1 Fire Department Access X B, C & D

47. 3312.1 Stairways Required X B, C & D

48. 3312.4 Means of Egress X B, C & D

49. 3315.1 Completion Before
Occupancy

X B, C & D
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50. 5001.2.2.2 Health Hazard X B, & D

51. 5001.5.1 Hazardous Materials
Business Plan

X B, & D

52. 5002.1 Health Hazards – Other
Definition

X B, & D

53. 5003.1.5 Health Hazard – Other X B, & D

54. 5003.1.6 Spill Control & Secondary
Containment

X B, & D

55. 5003.2.2.1 Design & Construction
Hazardous Materials Piping

X B, & D

56. 5003.2.2.2 Piping for Health Hazard
Materials

X B, & D

57. 5003.5.2 Ventilation Ducting X B, & D

58. 5003.5.3 Hazardous Occupancies X B, & D

59. 5003.10.4 Elevators Utilized to
Transport Hazardous
Materials

X B, & D

60. 5004.2.1 Spill Control for Hazardous
Materials

X B, & D

61. 5004.2.2.2 Incompatible Materials X B, & D

62. 5402.1 Definition – Corrosive
Liquid

X B, & D

63. 5601.1.3 Fireworks X C, & D

64. 5608.1 Fireworks Displays X C, & D

65. 5704.2.7.5.8 Overfill Prevention X C, & D
Resolution/Adopting and Amending the 2019 California Fire Code Page 32 of 32 Rev: 010/18/2022

66. 5704.2.7.5.9 Automatic Filling of Tanks X C, & D

67. 5704.2.13.1.4 Tanks abandoned in place X C, & D

68. 5707.3.3 Site plan – Fuel fueling X C, & D

69. 5809.3.4 Site plan – mobile hydrogen
filling

X C, & D

70. 6004.1 General – Toxic Gases X B, C, & D

71. 6004.2.1.4 Quantities exceeding the
minimum threshold
quantities but not
exceeding the maximum
allowable quantities per
control area

X B, C, & D

72. Table
6004.2.1.4
Minimum Threshold
Quantities for Highly Toxic
and Toxic Gases for Indoor
Storage and Use

X B, C, & D

73. 6004.2.2.10.1 Alarms X B, C, & D

74. 6004.4 General indoor
requirements – Toxic
Gases

X B, C, & D

75. 6101.3 Construction Documents –
LP Gas

B, C, & D

76. 6405.3.4 Silane distribution systems
automatic shutdown

B, C, & D

Ordinance/Adoption of 2022 California Fire CodePage 1 of 62 Rev: 09-2022
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING CHAPTER 15.60 (“SANTA
CLARA MUNICIPAL FIRE AND ENVIRONMENTAL CODE”)
OF TITLE 15 (“BUILDING AND CONSTRUC TION”), OF
“THE CODE OF THE CITY OF SANTA CLARA,
CALIFORNIA” TO ADOPT THE 2022 CALIFORNIA FIRE

CODE, AND THE FULL TEXT OF CERTAIN PORTIONS OF

THE CODES OF THE STATE OF CALIFORNIA RELATED TO

THE SIX CERTIFED UNIFIED PROGRAM AGENCY

PROGRAMS, AS AMENDED

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

WHEREAS, the State of California recently adopted and amended the 2021 International Fire Code to establish the 2022 California Fire Code;
WHEREAS, the 2022 California Fire Code will automatically go into effect on January 1, 2023;
WHEREAS, the 2022 California Fire Code is co ntained within, and is a subset of, the California Building Standards Code, which may be amended by a local jurisdiction to establish more restrictive standards, pursuant to California Health and Safety Code §18941.5 and §17958, et seq.;
WHEREAS, restrict ive standards established by a local jurisdiction pursuant to this authority must be reasonably necessary because of local climatic, geological, or topographical conditions;
WHEREAS, the City of Santa Clara Fire Department has worked with oth er Santa Clara County Fire Agencies in the Santa Clara County Fire Code Work Group to develop necessary amendments to the California and International Fire Code; and, WHEREAS, the City of Santa Clara (“City”) finds it necessary to amend the 2022 California Fire Code, as adopted and amended by the State of California, in order to maintain a Ordinance/Adoption of 2022 California Fire CodePage 2 of 62 Rev: 09-2022
reasonable degree of fire and life safety within the City because of local climatic, geological, and/or topographical conditions, which conditions and findings are set forth in the accompanying Resolution.

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

SECTION 1: That Chapter 15.60 “Santa Clara Fire and Environmental Code” of Title 15 “Building and Construction” of “The Code of the City of Santa Clara” (“SCCC”) is repealed in its entirety and replaced with the following:
“Chapter 15.60

MUNICIPAL FIRE AND ENVIRONMENTAL CODE

Sections:

15.60.010 Title

15.60.020 Adoption by reference

15.60.030 Scope and general requirements

15.60.040 Enforcement

15.60.050 General authority and responsibility

15.60.060 Permits

15.60.070 Fees

15.60.080 Inspections

15.60.090 Means of appeals

15.60.100 Violations

15.60.110 Stop work orders

15.60.120 Building division plan submittals

15.60.130 General definitions

15.60.140 Hazard communication

15.60.150 Fire apparatus access roads

15.60.160 Access to building openings and roofs

15.60.170 Premises identification

15.60.180 Emergency responder radio coverage

15.60.190 Electrical equipment, wiring and hazards

15.60.200 Fuel-fired appliances

15.60.210 Penetrations

15.60.220 Decorative materials and artificial decorative vegetations in new and existing buildings

15.60.230 General – fire protection and life safety systems

15.60.240 Automatic sprinkler systems
Ordinance/Adoption of 2022 California Fire CodePage 3 of 62 Rev: 09-2022

15.60.250 Smoke control systems

15.60.260 Definitions – energy storage systems

15.60.270 Electrical energy storage systems (ESS)

15.60.280 Fire safety during construction and demolition

15.60.290 Owner’s responsibilities for fire protection and site security

15.60.300 Access for emergency response

15.60.310 Means of egress

15.60.320 Completion before occupancy

15.60.330 General – hazardous materials

15.60.340 Definitions – hazardous materials

15.60.350 General requirements – hazardous materials

15.60.360 Storage

15.60.370 Definitions – corrosive materials

15.60.380 General – explosives and fireworks

15.60.390 Fireworks displays

15.60.400 Storage – hazardous materials

15.60.410 On-demand mobile fueling

15.60.420 Mobile gaseous fueling of hydrogen-fueled vehicles

15.60.430 Highly toxic and toxic compressed gases

15.60.440 General-liquified petroleum gases

15.60.450 Use - pyrophoric materials

15.60.460 Reference standards

15.60.470 Appendix B – fire-flow requirements for buildings

15.60.480 Appendix C – number of fire hydrants

15.60.490 Appendix C – fire hydrant spacing

15.60.500 Appendix D – minimum specifications

15.60.010 Title
This chapter shall be known and may be cited and referred to as the “Munic ipal Fire and Environmental Code for the City of Santa Clara.”

15.60.020 Adoption by reference
The “2022 California Fire Code” is adopted in its entirety, including Appendices B, C, D, E, and N, as published by the International Code Council, Inc. without regard to matrix adoption tables, and amendments to sections adopted by the State Build ing Standards Commission in California Code of Regulations (CCR) Title 24, Part 9, known as the California Fire Code. The 2022 California Fire Code is amended as specifically set forth in this Chapter.

Ordinance/Adoption of 2022 California Fire CodePage 4 of 62 Rev: 09-2022
Pursuant to the approval by the State of California Environmental Protection Agency’s (CalEPA) of Santa Clara’s application to serve as the Certified Unified Program Agency (CUPA) for the City, the City of Santa Clara assumes authority and responsibility within the City for the California Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program) established by Health and Safety Code, Division 20, Chapter 6.11, Section 25404, et seq. It is the purpose of this Chapter to consolidate to the extent feasible, all the administration and enforcement of six hazardous materials management programs and ensures the coordination and consistency of any regulations adopted pursuant to such program requirements.

Pursuant to the provisions of Section 25502, Subdivision (b) of Chapter 6.9 5 of Division 20 of the California Health and Safety Code, the City does hereby assume responsibility for the implementation of the provisions of Chapter 6.95 (commencing with Section 25500) of Division 20 of the California Health and Safety Code and shall have exclusive jurisdiction within the jurisdictional boundaries of the City of Santa Clara for the purposes of carrying out the provisions of said chapter. The City also specifically adopts the penalty provisions specified in Section 25515 of the Califor nia Health and Safety Code and specifically requires that any person who violates Section 25507 of the California Health and Safety Code shall be subject to the penalties specified in Section 25515 of the Health and Safety Code.

The City does hereby assume responsibility for the enforcement and implementation of the Hazardous Waste Generator Program, Onsite Hazardous Waste Treatment Program, and Tiered Permitting Program and does hereby adopt by Ordinance/Adoption of 2022 California Fire CodePage 5 of 62 Rev: 09-2022
reference Health and Safety Code Chapter 6.5, Section 25100, et seq. and Section 25404 et seq.

The City does hereby assume responsibility for the enforcement and implementation of the Aboveground Petroleum Storage Act (APSA) and does hereby adopt by reference Health and Safety Code Chapter 6.67, Section 25270, et s eq., and 25404 et seq.

The City does hereby assume responsibility for the enforcement and implementation of the Underground Storage Tank (UST) Permit Program, and does hereby adopt by reference Health and Safety Code Chapter 6.7, Section 25280, et seq., and Section 25404 et seq.

The City does hereby assume responsibility for the enforcement and implementation of the Hazardous Materials Release Response Plans and Inventories (Business Plans) Program, and does hereby adopt by reference, Health and Safety Code Chapter 6.95, Article 1, Section 25500, et seq., and Section 25404 et seq.

The City does hereby assume responsibility for the enforcement and implementation of the Hazardous Materials Area Plan Program, and does hereby adopt by reference Health and Safety Code Chapter 6.95, Article 1, Section 25500 et seq. and Section 25404 et seq.

The City does hereby assume responsibility for the enforcement and implementation of the California Accidental Release Prevention (CalARP) Program, and does hereby adopt by reference Health and Safety Code Chapter 6.95, Article 2, Section 25531, et seq. and Section 25404 et seq.

Ordinance/Adoption of 2022 California Fire CodePage 6 of 62 Rev: 09-2022
The foregoing are hereby adopted by reference, with changes and modifications as hereinafter set forth, as the “Municipal Fire and Environmental Code of the City of Santa Clara.”

15.60.030 Scope and general requirements.

California Fire Code Section 101.1 is hereby amended to read:
101.1 Title. These regulations shall be known as the “Municipal Fire and Environmental Code of the City of Santa Clara”, hereinafter referred to as “this code.”

15.60.040 Enforcement.

California Fire Code Section 103.1 is hereby amended to read:
103.1 Creation of agency. The Community Risk Reduction Division is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administr ation, and enforcement of the provisions of this code.

California Fire Code is hereby amended by adding Section 103.4 to read:
103.4 General Authority. The following designated positions may enforce the provisions of this code by issuance of citations. Peace officers and persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this code. The designated employee positions are the City Manager or his or her duly authorized agents and representatives. 103.4.1 Peace Officers. The Fire Marshal, Assistant Fire Marshal, and Deputy Fire Marshals, shall have the powers of a peace officer, pursuant to Penal Code Section 830.37, and may issue citations for violations of fire -related laws and ordinances, pursuant to Penal Code Section 836.5.

Ordinance/Adoption of 2022 California Fire CodePage 7 of 62 Rev: 09-2022
103.4.2 Administrative Citations. The following designated employee positions may enforce the provisions of this chapter by issuance of administrative citations. Fire Chief, Fire Marshal, Assistant Fire Marshal, Deputy Fire Marshal, Fire Protection Engineer or Fire Prevention Specialist. 103.4.3 Criminal or Civil Penalty for Violations – Funds to Account.

Pursuant to the City’s prosecutorial discretion, the City may enforce violations of the provisions of this code in any manner authorized by this section or by any other law, including but not limited to issuance of criminal citation, referral to the District Attorney, referral to other appropriate agencies, administrative actions, and civil actions. Funds received by the City for criminal or civil penalties shall be paid into the Fire and Environmental Enforcement Fund. 103.4.4 Penalties Authorized by the Health and Safety Code and Related Regulations. Any person who intentionally, accidentally or negligently violates any provision of this chapter, any written authority of the City Manager, the Fire Chief, the Fire Marshal or the Assistant Fire Marshal or his or her duly authorized agents and representatives, or any provision of any permit issued pursuant to this code shall be liable to the City for any and all penalties, fines, fees, and other sanctions which may be authorized by the Health and Safety Code, adopted by reference in this chapter and the regulations related theret o.

15.60.050 General authority and responsibility.

California Fire Code is hereby amended by adding 104.13 to read:
104.13. Standby fire personnel and fire watch personnel. The fire code official has the authority to require, at no cost to the jurisdiction, standby fire personnel and/or fire Ordinance/Adoption of 2022 California Fire CodePage 8 of 62 Rev: 09-2022
watch pe rsonnel if in the opinion of the fire code official potentially hazar dous conditions or reductions in a life safety feature exist. The owner, agent, or lessee shall provide one or more qualified persons, as required and approved, to be on duty. Such standby fire personnel or fire watch personnel shall be subject to the fire code official’s orders at all times and shall remain on duty during the times such places are open to the public, when such activity is being conducted, or as required by the fire code official. Fire watch personnel are not employees or agents of the City.

15.60.060 Permits
California Fire Code Section 105.2 is hereby amended to read:
105.2 Application. Applications for a permit required by this code shall be made to the fire code officia l in such form and detail as prescribed by the fire code official.

Applications for permits shall be accompanied by such plans as prescribed by the fire code official. Said application shall be accompanied by a fee in an amount listed in the City of Santa Clara Municipal Fee Schedule.

California Fire Code is hereby amended by adding Section 105.4.5 to read:
105.4.5 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents, and additional fees may be applied in accordance with the City adopted fee schedule. As built submittals shall comply with the Santa Clara Fire Department electronic format submittal guideline.

California Fire Code is hereby amended by adding Section 105.5 to read:

Ordinance/Adoption of 2022 California Fire CodePage 9 of 62 Rev: 09-2022
105.5 Required Operational Permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.5.2 through 105.5.52. All operational fees shall be due and payable at the time of commencement of occupancy and said permit shall expire no later than twelve (12) months after the date of issuance, or date determined by the City. Fees for the renewal of such permits shall be due and payable upon the expiration of the prior permit. No permit fee paid hereunder shall be refundable by reason of the cessation of occupancy during the permit period. Every permit fee that is not paid within a period of thirty (30) days from the time the same became due is hereby declared to be delinquent, and a penalty not to exceed five hundred ($500.00) dollars shall be added to said fee.

California Fire Code Section 105.5.18 is hereby amended to read:
105.5.18 Flammable and combustible liquids. An operational permit is required:

1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems.

2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following:

2.1 The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or Ordinance/Adoption of 2022 California Fire CodePage 10 of 62 Rev: 09-2022
mobile heating plant, unless such storage, in the opinion of the fire code official, would cause an unsafe condition.

2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for
maintenance, painting or similar purposes for a period of not more than 30 days.

3. To store, handle or use Class II or Class IlIA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel oil used in connection with oil burning equipment.

4. To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment.

Exception: Fuel oil and used motor oil used for space heating or water heating.

5. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes.

6. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel - dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.

Ordinance/Adoption of 2022 California Fire CodePage 11 of 62 Rev: 09-2022

7. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.

8. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed.

9. To manufacture, process, blend or refine flammable or combustible liquids.

10. To engage in the dispensing of liquid fuels into the fuel tanks of m otor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to engage in on- demand mobile fueling operations in accordance with Section 5707.

11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments “in accordance with Section 5706.5.4 or to utilize a site for on-demand mobile fueling operations in accordance with Section 5707”.

California Fire Code Section 105.5.38 is hereby amended as follows:
105.5.38 Outdoor assembly event. An operational permit is required to conduct an outdoor assembly event where planned and/or actual attendance exceeds 500 people.

California Fire Code is hereby amended by adding Section 105.5.55 as follows:

Ordinance/Adoption of 2022 California Fire CodePage 12 of 62 Rev: 09-2022
105.5.55 Emergency responder radio coverage system. An operational permit is required to maintain an emergency responder radio coverage system in accordance with Section 510.

California Fire Code is hereby amended by adding Section 105.5.56 to read:
105.5.56 Smoke control systems. An operational permit is required for smoke control systems.

California Fire Code is hereby amended by adding Section 105.5.57 to read:
105.5.57 Stored Energy Systems Serving Fire/Life Safety Systems. An operational permit is required for stationary storage battery systems providing power to fire and life safety systems.

15.60.070 Fees
California Fire Code Section 107.2 is hereby amended to read:
107.2 Schedule of permit fees . Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established in the Santa Clara Municipal Fee Schedule.
107.2.1 Certified Unified Program Agency (CUPA) Fees . Pursuant to the appointment of the City of Santa Clara as a Certified Unified Progra m Agency (CUPA) by the California Environmental Protection Agency, the Fire Department is authorized to collect fees associated with the CUPA programs.

15.60.080 Inspections
California Fire Code is hereby amended by adding Section 108.5 to read:

Ordinance/Adoption of 2022 California Fire CodePage 13 of 62 Rev: 09-2022
108.5 D ocuments. Any person or party who prevents or attempts to prevent any representative of the Fire Department from examining any relevant books or records in the conduct of his or her official duties under this code shall be in violation of this code.

California Fire Code is hereby amended by adding Section 108.6 to read:
108.6 Evidence. Any person or party who prevents or interferes with the preservation of evidence of any violation of any of the provis ions of this code or of the rules and regulations promulgated pursuant to this code or any other Federal, State, or local law, rule, or regulation shall be in violation of this code.

California Fire Code is hereby amended by adding Section 108.7 to read:
108.7 Interference. Any person or party who willfull y prevents, interferes with, or attempts to hinder in any way the work of any authorized representative of the Fire Department in the lawful enforcement of any provision of this code, or fails to promptly permit entry for the purposes of inspection and examination pursuant to this code shall be in violation of this code.

15.60.090 Means of Appeals
California Fire Code Section 111 is hereby amended to read:

Section 111 Means of Appeals
111.1 Appeals Process Established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, such appeal may be made pursuant to the procedures set forth in Chapter 2.115 of the Santa Clara City Code.

15.60.100 Violations
California Fire Code Section 112.2 is hereby amended to read:

Ordinance/Adoption of 2022 California Fire CodePage 14 of 62 Rev: 09-2022
112.2 Owner/occupant responsibility. Correction and abatement of violations of this code shall be the responsibility of the owner or the owner’s authorized agent.

Where an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions. If any party fails to comply with orders of the fire code official, or if the owner/tenant is unable to be located within a reasonable time, the fire code official may take steps necessary to abate the hazard for the protection of public safety. In no event is notice necessary before abatement, when the hazard is a clear and present danger to the public welfare. All costs related to such abatement shall become a lien on the subject property.

California Fire Code Section 112.4 is hereby amended to read:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor punishable by a fine, imprisonment, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Pursuant to the City's prosecutorial discretion, the City may enforce violations of the provisions of this code in any manner authorized by this section or by any other law, including but not limited to issuance of criminal citations, referral to the District Attorney, referral to other appropriate agencies, administrative actions and civil actions.

California Fire Code is hereby amended by adding Section 112.4.1 to read:

Ordinance/Adoption of 2022 California Fire CodePage 15 of 62 Rev: 09-2022
112.4.1 Penalty Schedule
112.4.1.1 Penalty for Administrative Citation. Each and every violation of this chapter, which is deemed a violation, is punishable by a fine not to exceed one thousand dollars ($1000.00).
112.4.1.2 Penalty for Infraction. Each and every violation of this chapter, which is deemed an infraction, is punishable by a fine not to exceed two hundred and fifty dollars ($250.00).
112.4.1.3 Penalty for Misdemeanor. Each and every violation of this chapter, which is deemed a misdemeanor, is punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the City or County jail for a period not exceeding six months, or by both penalty and imprisonment. 112.4.1.4 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.

California Fire Code is hereby amended by adding Section 112.4.2 to read:
112.4.2 Penalties. Funds collected pursuant to this Section shall be paid to the Community Risk Reduction Division Enforcement Fund.

15.60.110 Stop work order
California Fire Code Section 113.4 is hereby amended to read:

Ordinance/Adoption of 2022 California Fire CodePage 16 of 62 Rev: 09-2022
113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine not to exceed one thousand dollars ($1,000.00).

15.60.120 Building division plan submittals
California Fire Code Section 115 is hereby added to read:

SECTION 115 Building Division Plan Submittals
115.1 Building Plan Submittals. The Building Inspection Division shall transmit to the Fire Department a copy of each plan submitted for the construction or alteration of those occupancies classified as A, B, E, F, H, I, L, S, and Rand all buildings classified as a high-rise as defined in the California Building Code as well as other plans when determined by the fire code official that review by the Fire Department is necessary to ensure and maintain a reasonable degree of fire and life safety.

15.60.130 General definitions
Corrosive liquid. Corrosive liquid is:

1. any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or

2. any liquid having a pH of 2 or less or 12.5 or more; or

3. any liquid classified as corrosive by the U.S. Department of Transportation; or

4. any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.

Ordinance/Adoption of 2022 California Fire CodePage 17 of 62 Rev: 09-2022
Fire code official . The Fire Marshal is the de signated authorit y charged with the administration and enforcement of this code.

Secondary containment. The level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.

Health hazard - Other. A hazardous material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect rep roductive capabilities, including mutations (chromosomal damage), sensitizers or teratogens (effect on fetuses).

Large-scale fire testing. Testing a representative energy storage system that induces a significant fire into the device under test and evaluates whether the fire will spread to adjacent energy storage system units, surrounding equipment, or through an adjacent fire-resistance-rated barrier.

Spill control. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room.

Workstation. A defined space or an independent principal piece of equipment using flammable or unstable (Class 3 or 4 as ranked by NFPA 704) hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved Ordinance/Adoption of 2022 California Fire CodePage 18 of 62 Rev: 09-2022
or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas ca binets serving a workstation are included as part of the workstation. A workstation is allowed to contain v entilation equipment, fire protection devices, detection devices, electrical devices and other processing and scientific equipment.

Unified Program Agency . The City of Santa Clara Fire Department has been designated the Certified Program Agency by the State of California Environmental Protection Agency’s (CalEPA). The CUPA protects Californians from hazardous waste and hazardous materials by ensuring consistency throughout the state regarding the implementation of administrative requirements, permits, inspections, and enforcement at the local regulatory level.

15.60.140 Hazard communication
California Fire Code Section 407.5 is hereby amended to read:
407.5 Hazardous Materials Inventory Statement. Each application for a permit shall submit a Hazardous Materials Inventory Statement (HMIS) in accordance with Section 5001.5.2 whenever hazardous materials are used.

California Fire Code Section 407.6 is hereby amended to read:
407.6 Hazardous Materials Business Plan (HMBP). Where required by the fire code official, facilities shall submit a Hazardous Materials Business Plan (HMBP) as required by California Health & Safety Code (HSC), Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4. The HMBP shall be electronically submitted in accordance with the fire code official’s requested timeframe and no less frequently than is required by the HSC.

California Fire Code Section 407.7 is hereby amended to read:

Ordinance/Adoption of 2022 California Fire CodePage 19 of 62 Rev: 09-2022
407.7 Facility/Equipment closure plans. The permit holder or applicant shall submit to the fire code official a facility /equipment closure plan in accordance with Section 5001.6.3 to terminate storage, dispensing, handling or use of hazardous materials.

15.60.150 Fire apparatus access roads
California Fire Code Section 503.1 is hereby amended to read: . 503.1 Where required . Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503. 1.3 and the Santa Clara Fire Department Apparatus Access Standard.

California Fire Code Section 503.2.1 is hereby amended to read:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) for engines, and 26 feet (7925 mm) for aerial fire apparatus exclusive of shoulders, except for approved gates o r barri cades in accordance with Sections 503.5.1 and 503.6. The unobstructed vertical clearance shall be a minimum of 13 feet 6 inches (4115 mm), or as determined by the fire code official.

California Fire Code Section 503.2.4 is hereby amended to read:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 30 feet (9144 mm) inside, and a minimum of 50 feet (15240 mm) outside.

California Fire Code Section 503.2.7 is hereby amended to read:
503.2.7 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.

California Fire Code Section 503.5 is hereby amended to read:

Ordinance/Adoption of 2022 California Fire CodePage 20 of 62 Rev: 09-2022
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including the public streets, alleys, or highways. The minimum width for commercial applications is 20 feet (6096 mm), and 14 feet (4268 mm) for single -family dwellings. Electric gate operators, where provided shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.

California Fire Code Section 503.6 is hereby amended to read:
503.6 Security gates . The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Wher e security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times.

Electric gate operators, where provided, shall be listed in accordance with UL 325.

Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm), and 14 feet (4268 mm) for single - family dwellings.

15.60.160 Access to building openings and roofs
California Fire Code Section 504.5 is hereby added to read:
504.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to within and throughout the building are installed, such Ordinance/Adoption of 2022 California Fire CodePage 21 of 62 Rev: 09-2022
devices shall be approved by the fire code official. All electric ally powered access control devices shall be provided with an approved means for deactivation or unlocking from a single location or otherwise approved by the fire code official . Access control devices shall also comply with Chapter 10 of the California Fire Code.

15.60.170 Premises identification
California Fire Code is hereby amended by adding Section 505.1 to read:
505.1 Address identification . New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Ad dress identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabeti cal letters. Numbers shall not be spel led out. Each character shall be not less than 6 inches (153 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.

Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. The following is a guideline for adequate address number dimensions:

1. The number posted up to 49 feet from the pub lic street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a half (½) inch stroke.

Ordinance/Adoption of 2022 California Fire CodePage 22 of 62 Rev: 09-2022

2. The number posted from 50 to 100 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a one (1) inch stroke.

4. The number posted over 200 to 299 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (18) inches high with a two (2) inch stroke.

5. The number posted over 300 to 400 feet from the public street shall be of one solid color which is contrasting to the background and be a t least ten (24) inches high with a two and a half (2½) inch stroke.

California Fire Code is hereby amended by adding Section 505.3 to read:
505.3 Site directories . When required by the fire code official, approved site directories, illustrating and id entifying buildings, important site features , and access roads shall be installed and maintained at multi-building complexes.

15.60.180 Emergency responder radio coverage
California Fire Code Section 510.4.1.2 is hereby amended to read:
510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.4 or an equivalent SINR applicable to the technology for either analog or digital signals.

Ordinance/Adoption of 2022 California Fire CodePage 23 of 62 Rev: 09-2022

15.60.190 Electrical equipment, wiring and hazards
California Fire Code is hereby amended by adding Section 603.11 to read:
603.11 Immersion Heaters . All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.

15.60.200 Fuel-fired appliances
California Fire Code is hereby amended by adding Section 605.5 to read:
605.5 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R-3, R3.1 and R-4 and ambulatory care facilities.

California Fire Code is hereby amended by adding Section 605.5.2.1.1 to read:
605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:

1. Inside of any occupancy where connected to the fuel gas container.

2. Inside of tents, canopies and membrane structures.

3. On exterior balconies and rooftops.

15.60.210 Penetrations
California Fire Code is hereby amended by adding Section 703.3 to read:
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned to Risk Category III or IV, or in fire areas containing Group R occupancies with an occupant load greater than 100, and other occupancies as determined Ordinance/Adoption of 2022 California Fire CodePage 24 of 62 Rev: 09-2022
necessary special inspections for through-penetrations, membrane penetration firestops, fire resistant joint systems and perimeter fire containment systems that are tested and listed in accordance with CBC Sections 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall be in accordance with Section 1705.18.1 or 1705.18.2.

15.60.220 Decorative materials and artificial decorative vegetation in new and existing buildings
California Fire Code Section 807.5.1.2.2 is hereby amended to read:
807.5.1.2.2 Foam plastics, decorations, textile and film materials. Foam plastics, textile and film materials and other decorative materials and materials containing foam plastics shall be in accordance with the following:

1. Exhibit booth construction shall have a maximum heat-release rate of 100 kilowatts when tested in accordance with UL 1975.

2. Decorative objects, including but not limited to mannequins, murals and signs, shall have a maximum heat-release rate of 150 kilowatts when tested in accordance with UL 1975.

Exception: When the aggregate area of murals, signs or similar decorative objects occupies less than 10 percent of the floor or wall area, this requirement may be waived by the fire code official.

California Fire Code Section 807.5.7 is hereby amended to read:

Ordinance/Adoption of 2022 California Fire CodePage 25 of 62 Rev: 09-2022
807.5.7 Group F-1 motion picture and television production studio sound stages, approved production facilities and production locations without live audiences.
807.5.7.1 Foam plastics, decorations, textile and film materials. Foam plastics, textile and film materials and other decorative materials and materials containing foam plastics shall be in accordance with the following:

1. Exhibit booth construction shall have a maximum heat-release rate of 100 kilowatts when tested in accordance with UL 1975.

2. Decorative objects, including but not limited to mannequins, murals and signs, shall have a maximum heat-release rate of 150 kilowatts when tested in accordance with UL 1975.

Exception: When the aggregate area of murals, signs or similar decorative objects occupies less than 10 percent of the floor or wall area, this requirement may be waived by the fire code official.

15.60.230 General – fire protection and life safety systems California Fire Code Section 901.6.2 is hereby amended to read:
901.6.2 Integrated testing. Where two or more fire protection or life safety systems are interconnected, the intended response of subordinate fire protection and life safety systems shall be verified when required testing of the initiating Ordinance/Adoption of 2022 California Fire CodePage 26 of 62 Rev: 09-2022
system is conducted. In addition, integrated testing shall be performed in accordance with Sections 901.6.2.1 and 901.6.2.2.

California Fire Code Section 901.6.2.1 is hereby amended to read:
901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official.

California Fire Code Section 901.6.2.2 is hereby amended to read:
901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a smoke control system as outlined in Section 909, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment Ordinance/Adoption of 2022 California Fire CodePage 27 of 62 Rev: 09-2022
that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official.

California Fire Code Section 901.6.3 is hereby amended to read:
901.6.3 Records. Records of all system inspections, tests and maintenance required by the referenced standard shall be maintained on the premises for a minimum of five years. See 907.7 & 907.8 for fire alarm system inspection, testing and maintenance documentation requirements. When required, records shall be uploaded to an electronic inspection database of the fire departments choosing at no cost to the jurisdiction.

15.60.240 Automatic sprinkler systems
California Fire Code Section 903.2 is hereby amended to read:
903.2 Where required. Approved automatic sprin kler systems in new and existing buildings and structures shall be provided in the locations described in this Section or Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.

For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.

1. An automatic sprinkler system shall be installed throughout all new buildings and structures greater than 1,200 square feet.

Exception: Group S-2 or U occupancies used exclusively for vehicle parking or photovoltaic arrays that do not exceed 5000 square feet.

Ordinance/Adoption of 2022 California Fire CodePage 28 of 62 Rev: 09-2022

4. Any change of occupancy or change in use of any building when that change in use would place the building into a more hazardous division of the same occupancy group.

15.60.250 Smoke control systems
California Fire Code Section 909.20.1 is hereby amended to read:
909.20.1 Schedule: A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and operational testing must occur at least annually.

15.60.260 Definitions – energy storage systems
California Fire Code Section 1207.2.2.1 is hereby amended to read:
1202.1 Definitions. The following terms are defined in Chapter 2:

BATTERY SYSTEM, STATIONARY STORAGE.

BATTERY TYPES.

Ordinance/Adoption of 2022 California Fire CodePage 29 of 62 Rev: 09-2022
CAPACITOR ENERGY STORAGE SYSTEM.

CRITICAL CIRCUIT.

EMERGENCY POWER SYSTEM.

ENERGY STORAGE MANAGEMENT SYSTEMS.

ENERGY STORAGE SYSTEM (ESS).

ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.

ENERGY STORAGE SYSTEM, MOBILE.

ENERGY STORAGE SYSTEM, WALK-IN UNIT.

ENERGY STORAGE SYSTEM CABINET.

ENERGY STORAGE SYSTEM COMMISSIONING.

ENERGY STORAGE SYSTEM DECOMMISSIONING.

FUEL CELL POWER SYSTEM, STATIONARY.

LARGE-SCALE FIRE TESTING
PORTABLE GENERATOR.

STANDBY POWER SYSTEM.

Ordinance/Adoption of 2022 California Fire CodePage 30 of 62 Rev: 09-2022

15.60.270 Electrical energy storage systems (ESS)
California Fire Code Section 1207.1.5 is hereby amended to read:
1207.1.5 Large-scale fire test. Where required elsewhere in Section 1207, large scale fire testing shall be conducted in accordance with NFPA 855, and UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas and walk-in units will be contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in Section 1207.7.4. The test report shall be provided to the fire code official for review and approval in accordance with Section 104.8.2.

California Fire Code Section 1207.2.2.1 is hereby amended to read:
1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS installation shall be inspected and tested in accordance with the manufacturer’s ins instructions and the operation and maintenance manual.

Inspection and testing records shall be maintained in the operation and maintenance manual and made available to the fire code official upon request .

California Fire Code Section 1207.5 is hereby amended to read:
1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units containing electrochemical ESS shall not exceed the maximum allowable quantities in Table 1207.5. The allowable number of fire areas, maximum allowable quantity, and fire-resistance rating of fire-barriers shall comply with Table 1207.5.1.

Ordinance/Adoption of 2022 California Fire CodePage 31 of 62 Rev: 09-2022
Exceptions:

Where approved by the fire code official, rooms, areas and walk -in units containing electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based on a hazardous mitigation analysis in accordance with Section 1207.1.4 and large-scale fire testing complying with Section 1207.1.5.

2. Dedicated-use buildings in compliance with Section 1207.7.1.

TABLE 1207.5.1

DESIGN AND NUMBER OF ESS FIRE AREAS

STORY PERCENTAGE

OF MAXIMUM

ALLOWABLE

QUANTITY

PER FIRE
AREA
NUMBER

OF FIRE
AREAS
PER
STORY
FIRE-

RESISTANCE

RATING FOR
FIRE

BARRIERS IN
HOURS
Above
grade plan
Higher than 9
7-9
6 5
4 3
2 1
25 50
50 50
75 100
100
100
1 2
2 2
4 6
6 6
3 2
2 2
2 2
2 2
Ordinance/Adoption of 2022 California Fire CodePage 32 of 62 Rev: 09-2022
Below
grade plan
1 2
Lower than 2
100
50 Not Allowed
4 2
Not Allowed
3 3
Not Allowed
Ordinance/Adoption of 2022 California Fire CodePage 33 of 62 Rev: 09-2022
California Fire Code Section 1207.5.5 is hereby amended to read:
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in units containing electrochemical ESS shall be protected by an automatic fire suppression system designed and installed in accordance with one of the following:

3.1. NFPA 12, Standard on Carbon Dioxide Extinguishing Systems.

3.2. NFPA 15, Standard for Water Spray Fixed Systems for Fire Prote ction.

3.3. NFPA 750, Standard on Water Mist Fire Protection Systems.

3.4. NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.

3.5. NFPA 2010, Standard for Fixed Aerosol Fire-Extinguishing Systems.

Exception: Fire suppression systems for lead-acid and nickel-cadmium Ordinance/Adoption of 2022 California Fire CodePage 34 of 62 Rev: 09-2022
battery systems at facilities under the exclusive control of communications utilities that operate at less than 50 VAC and 60 VDC shall be provided where required by NFPA 76.

California Fire Code Section 1207.11.3 is hereby amended to read:
1207.11.3 Location. ESS shall be installed only in the following locations:

1. Detached garages and detached accessory structures.

2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section R302.6.

4. Enclosed utility closets, basements, storage or utility spaces within dwelling units with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished wood-framed construction shall be provided with not less than 5/8-inch (15.9 mm) Type X gypsum wallboard.

5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into sleeping rooms or in habitable spaces of dwelling units.

California Fire Code Section 1207.11.6 is hereby amended to read:
1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with the following:

Ordinance/Adoption of 2022 California Fire CodePage 35 of 62 Rev: 09-2022

1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section 907.2.11.

Exceptions:

1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.

2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.

15.60.280 Fire safety during construction and demolition California Fire Code is hereby amended by adding Section 3305.5 to read:
3305.5 Fire watch. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch shall be provided for building demolition and for building construction. Fire watch is not intended to facilitate occupancy during ongoing construction in a new building.

California Fire Code is hereby amended by adding Section 3305.6 to read:
3305.6 Fire Walls. When fire walls are required in combustible construction, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather-protected at the location of the wall(s).

Ordinance/Adoption of 2022 California Fire CodePage 36 of 62 Rev: 09-2022

15.60.290 Owner’s responsibility for fire protection and site security California Fire Code is hereby amended by adding Section 3308.11 to read:
3308.11 Fire protection. All wood frame construction projects exceeding three stories in height, except R-3 occupancies, shall be provided with a listed fire alarm system during construction. The fire alarm system shall be monitored by a listed monitoring company. A permit for the installation and subsequent modifications of the system are required. The design and installation shall comply with the fire department’s standards.

California Fire Code is hereby amended by adding Section 3308.12 to read:
3308.12. Construction site security. Construction projects exceeding three stories in height, or when determined necessary by the fire code official shall have an electronic security system installed, except for R-3 occupancies during construction.

The electronic data is required to be maintained 24-hours a day, seven days a week. The data is required to be maintained for a minimum of 30-days off-site and made available to the fire department upon request. The electronic security camera layout plan shall be incorporated into the construction safety plan and is required to be approved prior to the start of construction.

California Fire Code is hereby amended by adding Section 3308.13. to read:
3308.13. Phased occupancy requests. When occupancy of one phase of a construction project is requested prior to the completion of the entire project, a phased occupancy plan is required to be submitted to the fire department for approval. A fire protection engineering firm or fire protection engineer is required to develop the plan, supervise the implementation, and conduct field compliance Ordinance/Adoption of 2022 California Fire CodePage 37 of 62 Rev: 09-2022
inspections on a frequency determined necessary by the fire code official, but not less than once a week.

15.60.300 Access for emergency response
California Fire Code is hereby amended by adding Section 3311.1. to read:
3311.1 Required access. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus acc ess roads are available.
3311.1.1 Fire department apparatus access roadways: All construction sites shall be accessible by fire department apparatus by means of roadways having an all-weather driving service of not less than 20ft. of unobstructed width. The roads shall have the ability to withstand the live loads of fire apparatus and have a minimum 13 ft. 6 in. of vertical clearance. Dead end fire access roads in excess of 150 ft. in length shall be provided with approved turnarounds. When approved by the Fire Code Official, temporary access roadways may be utilized until such time that the permanent roadways are installed. As a minimum, the roadway shall consist of a compacted sub base and six (6) inches of road base material (Class 2 aggregate base rock) both compacted to a minimum 95% and sealed. The perimeter edges of the roadway shall be contained and delineated by curb and gutter or other approved method. The use of geotextile reinfo rcing Ordinance/Adoption of 2022 California Fire CodePage 38 of 62 Rev: 09-2022
fabric underlayment or soils lime-treatment may be required if so determined by the project civil engineer. Provisions for surface drainage shall also be provided where necessary. The integrity of the roadway shall be maintained at all times.

15.60.310 Means of egress
California Fire Code Section 3312.1 is hereby amended to read:
3312.1 Stairways Required. Each level above the first story in multi-story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Sta irways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.

Exception: For multi -story buildings, one of the required exit stairs may be obstructed on not more than two contiguou s floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).

California Fire Code is hereby amended by adding Section 3312.4 to read:
3312.4 Required Means of Egress. All buildings under construction shall have at least one unobstructed means of egress. All means of egress shall be identified in the written fire safety plan as required by Section 3303.1.

15.60.320 Completion before occupancy
California Fire Code is hereby amended by adding Section 3315.1 to read:
3315.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the California Building Code, it shall be unlawful Ordinance/Adoption of 2022 California Fire CodePage 39 of 62 Rev: 09-2022
to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved.

In new buildings of combustible construction where, automatic fire sprinkler systems are required to be installed, the system shall be placed in service as soon as possible. Immediately upon the completion of sprinkler pipe installation on each floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the fire department, each floor level of sprinkler piping shall be connected to the system supply riser and placed into service with all sprinkler heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed.

15.60.330 General – hazardous materials
California Fire Code Section 5001.2.2.2 is hereby amended to read:
5001.2.2.2 Health Hazards. The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard.

1. Highly toxic and toxic materials.

2. Corrosive materials.

3. Health hazards - Other

15.60.330 Hazardous materials business plan
California Fire Code Section 5001.5.1 is hereby amended to read:
5001.5.1 Hazardous materials business plan (HMBP). Where required by the fire code official, facilities shall submit a Hazardous Materials Business Plan (HMBP) as Ordinance/Adoption of 2022 California Fire CodePage 40 of 62 Rev: 09-2022
required by California Health & Safety Code (HSC), Chapter 6.95, Sections 25500 through 25545, and Title 19, Division 2, Chapter 4. The HMBP shall be electronically submitted in accordance with the fire code official’s requested timeframe and no less frequently than is required by the HSC.

15.60.340 Definitions – hazardous materials
California Fire Code Section 5002.1 is hereby amended to read:
5002.1 Definitions. The following terms are defined in Chapter 2:

BOILING POINT.

CEILING LIMIT.

CHEMICAL.

CHEMICAL NAME.

CLOSED CONTAINER.

CONTAINER.

CONTROL AREA.

CYLINDER.

DAY BOX.

DEFLAGRATION.

DESIGN PRESSURE.

DETACHED BUILDING.

DISPENSING.

EXCESS FLOW CONTROL.

EXHAUSTED ENCLOSURE.

EXPLOSION.

FLAMMABLE VAPORS OR FUMES.

GAS CABINET.

GAS ROOM.

HANDLING.

HAZARDOUS MATERIALS.

HEALTH HAZARD.

HEALTH HAZARD – OTHER.

IMMEDIATELY DANGEROUS TO LIFE AND
HEALTH (IDLH).

INCOMPATIBLE MATERIALS.

LIQUID.

LOWER EXPLOSIVE LIMIT (LEL).

LOWER FLAMMABLE LIMIT (LFL).

MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.

NORMAL TEMPERATURE AND PRESSURE (NTP).

OUTDOOR CONTROL AREA.

Ordinance/Adoption of 2022 California Fire CodePage 41 of 62 Rev: 09-2022
PERMISSIBLE EXPOSURE LIMIT (PEL).

PESTICIDE.

PHYSICAL HAZARD.

PRESSURE VESSEL.

SAFETY CAN.

SAFETY DATA SHEET (SDS).

SECONDARY CONTAINMENT.

SEGREGATED.

SOLID.

SPILL CONTROL.

STORAGE, HAZARDOUS MATERIALS.

SYSTEM.

TANK, ATMOSPHERIC.

TANK, PORTABLE.

TANK, STATIONARY.

TANK VEHICLE.

UNAUTHORIZED DISCHARGE.

USE (MATERIAL).

VAPOR PRESSURE.

15.60.350 General requirements – hazardous materials
California Fire Code is hereby amended by adding Section 5003.1.5 to read:
5003.1.5 Health Hazards - Other. The storage, use and handling of materials classified as other health hazards including carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with Section 5003.

California Fire Code is hereby amended by adding Section 5003.1.6 to read:
5003.1.6 Additional Spill Control and Secondary Containment Requirements.

In addition to the requirements set forth in Section 5004.2. An approved containment system is required for any quantity of hazardous materials that are liquids or solids at normal temperature, and pressure (NTP) where a spill is determined to be a plausible event and where such an event would endanger people, property or the environment. The approved containment system may be Ordinance/Adoption of 2022 California Fire CodePage 42 of 62 Rev: 09-2022
required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2 .

California Fire Code Section 5003.2.2.1 is hereby amended to read:
5003.2.2.1 Design and Construction . Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the following:

1. Piping, tubing, valves, fit tings and related components sh all be designed and fabricated from materials compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject.

2. Piping and tubing shall be identified in accordance with A SME A13.1 and the Santa Clara Fire Department Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed.

3. Readily accessible manua l valves or automatic remotely activated fail -safe emergency shutoff va lves shall be installed on supply piping and tubing at the following locations:

1. The point of use.

2. The tank, cylinder or bulk use.

5. Backflow prevention or check valves shall be provided when the backflow of hazardous materials could create a h azardous condition or cause the unauthorized discharge of hazardous materials.

Ordinance/Adoption of 2022 California Fire CodePage 43 of 62 Rev: 09-2022

6. Where gases or liquids having a hazard ranking of:

1. Health Class 3 or 4

2. Flammability Class 4

3. Instability Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch ga uge (psig)(103 Kpa), an approved means o f leak detection, emergency shutoff or excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the sto rage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical.

Exceptions:

1. Piping for inlet connections designed to prevent backflow.

2. Piping for pressure relief devices.

7. Secondary containment or equivalent pro tection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Tables 6004.2 and 6004.3.

Secondary containment includes but is not limited to double-walled piping.

Exceptions:

1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inter materials.

Ordinance/Adoption of 2022 California Fire CodePage 44 of 62 Rev: 09-2022

2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close valve activated by a loss of vacuum.

California Fire Code Section 5003.2.2.2 is hereby amended to read:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials.

Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME B31.3 and the following:

1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile corrosive liquids and gases shall have welded or brazed connecti ons throughout except for connections within an exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid.

2. Piping and tubing shall n ot be lo cated within corridors, within any portion of a means of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies.

Ordinance/Adoption of 2022 California Fire CodePage 45 of 62 Rev: 09-2022
Tests shall be conducted by a qualifie d "third party" not involved with the construction of the piping and control systems.

Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancies when installed in accordance with Section 415.11.7.4 of the California Building Code as required for Group H, Division 5 Occupancies.

California Fire Code is hereby amended by adding Section 5003.5.2 to read:
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.

California Fire Code is hereby amended by adding Section 5003.5.3 to read:
5003.5.3 “H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of co nfusion with hazardous materials transport tubing or piping. Flow direction indicators are required.

California Fire Code Section 5003.10.4 is hereby amended to read:
5003.10.4 Elevators utilized to transport hazardous materials. 5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers other than the individual(s) handling the chemical transport cart. 5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there shall be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters (5.28 gal).
5003.10.4.3 Toxic, highly toxic, asphyxiate gas es, and corrosive gases shall be limited to a container of a maximum water capacity of 1 lb.

Ordinance/Adoption of 2022 California Fire CodePage 46 of 62 Rev: 09-2022
5003.10.4.4 When transporting cryogenic or liquefied compressed gases, means shall be provided to prevent the elevator from being summoned to other floors.

15.60.360 Storage
California Fire Code Section 5004.2.1 is hereby amended to read:
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas used for storage of hazardous material liquids shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:

1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.

2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes.

3. Sumps and collection systems

4. Other approved engineered systems.

Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system.

California Fire Code Section 5004.2.2.2 is hereby amended to read:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent secondary containment systems.

Ordinance/Adoption of 2022 California Fire CodePage 47 of 62 Rev: 09-2022

15.60.370 Definitions – corrosive materials
California Fire Code Section 5402.1 is hereby amended to read:
5402.1 Definition. The following term is defined in Chapter 2:

CORROSIVE.

CORROSIVE LIQUIDS

15.60.380 General – explosives and fireworks
California Fire Code Section 5601.1.3 is hereby amended to read:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.

15.60.390 Fireworks displays
California Fire Code Section 5608.1 is hereby amended to read:
5608.1 General. Outdoor fireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks and this section. Permits can be revoked, denied, or modified to address extreme weather events, poor air quality, or noise when deemed necessary for the protection of the public health and well-being by the fire code official.

Ordinance/Adoption of 2022 California Fire CodePage 48 of 62 Rev: 09-2022
5608.1.1 Scope. Fireworks and temporary storage, use, and handling of pyrotechnic special effects material used in motion pictures, television, and theatrical and group entertainment productions shall be in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks. 5608.1.2 Additional Safety Requirements. When determined necessary the fire code official has the authority to require additional safety measures be implemented for the storage and/or use of pyrotechnics of any classification.

15.60.400 Storage – hazardous materials
California Fire Code is hereby amended by adding Section 5704.2.7.5.8 to read:
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.

Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).

California Fire Code is hereby amended by adding Section 5704.2.7.5.9 to read:
5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.

California Fire Code is hereby amended by adding Section 5704.2.13.1.4 to read:

Ordinance/Adoption of 2022 California Fire CodePage 49 of 62 Rev: 09-2022
5704.2.13.1.4 Tanks abandoned in place. Tanks abandoned in place, when approved by the fire code official, shall be as follows:

1. Flammable and combustible liquids shall be removed from the tank and connected piping.

2. The suction, inlet, gauge, vapor return and vapor lines shall be disconnected.

3. The tank shall be filled completely with an approved inert solid material.

4. Remaining underground piping shall be capped or plugged.

5. A record of tank size, location and date of abandonment shall be retained.

6. All exterior above-grade fill piping shall be permanently removed when tanks are abandoned or removed.

15.60.410 On-demand mobile fueling
California Fire Code is hereby amended by adding Section 5707.3.3 to read:
5707.3.3 Site plan. A site plan shall be developed for each location at which mobile fueling occurs. The site plan shall be in sufficient detail to indica te: all buildings, structures, lot lines, property lines, and appurtenances on site and their use or function; all uses adjacent to the lot lines of the site; fueling locations, the locations of all storm drain openings and adjacent waterways or wetlands; information regarding slope, natural drainage, curbing, impounding and how a spill will be retained upon the site property; and the scale of the site plan.

15.60.420 Mobile gaseous fueling of hydrogen-fueled vehicles California Fire Code is hereby amended by adding Section 5809.3 to read:
5809.3.4 Site plan. For other than emergency roadside service, a site plan shall be developed for each location at which mobile gaseous hydrogen fueling occurs. The Ordinance/Adoption of 2022 California Fire CodePage 50 of 62 Rev: 09-2022
site plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property lines and appurtenances on site and their use and function, and the scale of the site plan.

15.60.430 Highly toxic and toxic compressed gases
California Fire Code Section 6004.1 is hereby amended to read:
6004.1 General. The storage and use of highly toxic and toxic compressed gases shall comply with this section. Materials stored and used as a gas whether or not the material meets the definition of a compressed gas, and meets the definition of a highly toxic, and toxic shall comply with this Section.
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, and toxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1 .3.
6004.1.1.1 Group A, E, I or U occupancies. Highly toxic and toxic compressed gases shall not be stored or used within Group A, E, I or U occupancies.

Exception: Cylinders not exceeding 20 cubic feet (0.566 m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Highly toxic, and toxic compressed gases shall not be stored or used in Group R occupancies.

Ordinance/Adoption of 2022 California Fire CodePage 51 of 62 Rev: 09-2022
6004.1.1.3 Offices, retail sales and classrooms. Highly toxic, and toxic compressed gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies.

Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.

California Fire Code is hereby amended by adding Section 6004.2.1.4 to read:
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not exceeding the maximum allowable quantities per control area. The indoor storage or use of highly toxic, and toxic gases in amounts exceeding the minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.4.

California Fire Code is hereby amended by adding Table 6004.2.1.4 to read:

TABLE 6004.2.1.4
Minimum Threshold Quantities for Highly Toxic and Toxic Gases for Indoor Storage and Use
Highly Toxic 20 cubic feet
Toxic 405 cubic feet

California Fire Code is hereby amended by adding Section 6004.2.2.10.1 to read:
6004.2.2.10.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station when a short-term hazard Ordinance/Adoption of 2022 California Fire CodePage 52 of 62 Rev: 09-2022
condition is detected. The alarm shall be both audible and visible and shall provide warning both inside and outside the area where gas is detected. The audible alarm shall be distinct from all other alarms.

California Fire Code is hereby amended by adding Section 6004.4 to read:
6004.4 General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, and toxic compressed gases shall be in accordance with Sections 6004.4 through 6004.4.8.2.
6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures.

Exceptions: Where a gas detection system is provided in accordance with 6004.4.8
6004.4.2 Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation.

Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area.
6004.4.3 Piping and controls. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders shall comply with the following requirements:

1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means of excess flow control on all tank and cylinder inlet or outlet connections.

Exceptions:

Ordinance/Adoption of 2022 California Fire CodePage 53 of 62 Rev: 09-2022

1. Inlet connections designed to prevent backflow.

2. Pressure relief devices.
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following requirements:

1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.

2. Gas rooms shall be equipped with an approved automatic sprinkler system. Alternative fire- extinguishing systems shall not be used. 6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.

Exceptions:

1. Highly toxic, and toxic gases - storage. A treatment system is not required for cylinders, containers and tanks in storage where all of the following controls are provided:

1.1 Valve outlets are equipped with gas- tight outlet plugs or caps.

1.2 Hand wheel-operated valves have handles secured to prevent movement.

Ordinance/Adoption of 2022 California Fire CodePage 54 of 62 Rev: 09-2022

1.3 Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.

2. Highly toxic, and toxic gases - use. Treatment systems are not required for highly toxic, and toxic gases supplied by stationary tanks, portable tanks, or cylinders where a gas detection system complying with Section 6004.4.8 and listed or approved automatic- closing fail-safe valves are provided. The gas detection system shall have a sensing interval not exceeding 5 minutes. Automatic- closing fail-safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
6004.4.5.1 Design. Treatment systems shall be capable of diluting, adsorbing, absorbing, containing, neutralizing, burning or otherwise processing the contents of the largest single vessel of compressed gas.

Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium.
6004.4.5.2 Performance. Treatment systems shall be designed to reduce the maximum allowable discharge concentrations of the gas to one-half immediately dangerous to life and health (IDLH) at the point of discharge to the atmosphere. Where more than one gas is emitted to the treatment Ordinance/Adoption of 2022 California Fire CodePage 55 of 62 Rev: 09-2022
system, the treatment system shall be designed to handle the worst-case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used.
6004.4.5.3 Sizing. Treatment systems shall be sized to process the maximum worst-case release of gas based on the maximum flow rate of release from the largest vessel utilized. The entire contents of the largest compressed gas vessel shall be considered.
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of release for the compressed gas contained based on valves or fittings that are inserted directly into the tank. Where multiple valves or fittings are provided, the maximum flow rate of release for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation purposes. Flow rates indicated on the label shall be converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP).
6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable tanks and cylinders shall be calculated based on the total release from the cylinder or tank within the time specified in Table 6004.4.6 Where portable tanks or cylinders are equipped with approved excess flow or reduced flow valves, the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or compressed gas supplier. Reduced flow and Ordinance/Adoption of 2022 California Fire CodePage 56 of 62 Rev: 09-2022
excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under normal temperature and pressure. 6004.4.6. Emergency power. Emergency power shall be provided for the following systems in accordance with Section 604:

1. Exhaust ventilation system.

2. Treatment system.

3. Gas detection system.

4. Smoke detection system.
6004.3.6.1 Fail-safe systems. Emergency power shall not be required for mechanical exhaust ventilation and treatment systems where approved fail- safe systems are installed and designed to stop gas flow. 6004.4.7 Automatic fire detection system. An approved automatic fire detection system shall be installed in rooms or areas where highly toxic, and toxic compressed gases are stored or used. Activation of the detection system shall sound a local alarm. The fire detection system shall comply with Section 907.
6004.4.8 Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which detection is provided.

Exceptions:

Ordinance/Adoption of 2022 California Fire CodePage 57 of 62 Rev: 09-2022

1. A gas detection system is not required for toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.

2. A gas detection system is not required for highly toxic, and toxic gases where cylinders, portable tanks, and all non-continuously welded connects are within a gas cabinet or exhausted enclosures. 6004.4.8.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location.
6004.4.8.2 Shut off of gas supply. The gas detection system shall automatically close the shut off valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.

Exception: Emergency shutoff valves that are ready access and constantly attended/supervised.

15.60.440 General – liquefied petroleum gases
California Fire Code Section 6101.3 is hereby amended to read:
6101.3 Construction documents. Where a LP-gas container is 250 gallons or greater in water capacity, the installer shall submit construction documents for such installation.

15.60.450 Use – Pyrophoric materials
California Fire Code is hereby amended by adding Section 6405.3.4 to read:
6405.3.4 Silane distribution systems automatic shutdown . Silane distrib ution systems shall automatically shut down at the source upon activation of the gas Ordinance/Adoption of 2022 California Fire CodePage 58 of 62 Rev: 09-2022
detection system at levels above the alarm level and/or failure of the ventilation system for the silane distribution system.

15.60.460 Reference standard
California Fire Code is hereby amended by adding Section 6405.3.1 to read:

NFPA
855 – 20: Standard for the Installation of Stationary Energy Storage Systems

15.60.470 Appendix B – Fire-flow requirements for buildings California Fire Code Section B105.2 is hereby amended to read:

B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R- 4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2.

Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses:

1. California State Parks buildings of an accessory nature (restrooms).

2. Safety roadside rest areas (SRRA), public restrooms.

3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.

4. Sand/salt storage buildings, storage of sand and salt.

The maximum fire flow reduction for all commercial buildings greater than 30,000 square feet and residential podium buildings shall not exceed 25 percent of the Ordinance/Adoption of 2022 California Fire CodePage 59 of 62 Rev: 09-2022
fire flow specified in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow specified in Table B105.1(2).

15.60.480 Appendix C - Number of fire hydrants
California Fire Code Section C102.1 is hereby amended to read:

C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants available to a building shall be not less than the minimum specified in Table C102.1, utilizing the base fire flow without fire sprinkler reduction.

15.60.490 Fire hydrant spacing
California Fire Code Section C103 is hereby amended to read:

Section C103 Fire hydrant spacing
C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3, but in no case shall the average spacing be more than 300 feet on center.

15.60.500 Appendix D – Minimum specifications
California Fire Code Section D103.2 is hereby amended to read:

D103.2 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.

California Fire Code Section D103.3 is hereby amended to read:

Ordinance/Adoption of 2022 California Fire CodePage 60 of 62 Rev: 09-2022
D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall be a minimum of 30 inside, and a minimum of 50 outside.

California Fire Code Section D103.4 is hereby amended to read:

D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4, as approved by the fire code official.

California Fire Code Table D103.4 is hereby amended to read:

TABLE D103.4

REQUIREMENTS FOR DEAD-END

FIRE APPARATUS ACCESS ROADS
Length (feet) WIDTH (feet) TURNAROUDS REQUIRED
0 – 150 26 Not required, unless determined
necessary by the fire code official
151 – 500 26 120-foot Hammerhead, 60-foot “Y”
or 96-foot-diameter cul-de-sac in
accordance with Figure D103.1
500– 750 26 120-foot Hammerhead, 60-foot “Y”
or 96-foot-diameter cul-de-sac in
accordance with Figure D103.1
Over 750 Special approval required

California Fire Code Section D103.5 is hereby amended to read:

D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: the fire apparatus access roads shall comply with all of the following criteria:

1. Where a single gate is provided, the gate width shall be not less than 20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 20 feet (6096 mm).

2. Gates shall be of the horizontal swing, horizontal slide, vertical lift or vertical pivot type.

Ordinance/Adoption of 2022 California Fire CodePage 61 of 62 Rev: 09-2022

3. Construction of gates shall be of materials that allow manual operation by one person.

4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.

5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official.

6. Methods of locking shall be submitted for approval by the fire code official.

7. Electric gate operators, where provided, shall be listed in accordance with UL 325.

8. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.

SECTION 2: Ordinances repealed. With the 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.

SECTION 3: 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 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the Ordinance/Adoption of 2022 California Fire CodePage 62 of 62 Rev: 09-2022
requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California” as well as California Government Code Sections 50022.2, 50022.3, and 6066.

PASSED FOR THE PURPOSE OF PUBLICATION this XX day of XXXXXX, 2022, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ___________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1106 Agenda Date: 10/18/2022

REPORT TO COUNCIL

SUBJECT
Action on the Introduction of a Draft Ordinance (All-Electric Building Electrification Reach Codes Including EV Charging)

COUNCIL PILLARS
Deliver and Enhance High Quality Efficient Services and Infrastructure Promote Sustainability and Environmental Protection

BACKGROUND
The City of Santa Clara is committed to sustainability, as one of seven City Council strategic pillar priorities, to support a healthy and livable future. Santa Clara’s Climate Action Plan (CAP), first adopted in 2013, includes strategies to reduce greenhouse gas (GHG) emissions. The Council recently adopted an updated CAP on June 7, 2022, to further strengthen emissions reductions.

Every three years, the State adopts new model codes, known collectively as the California Building Standards Code (CBSC), to establish uniform standards for the construction and maintenance of buildings, electrical systems, plumbing systems, mechanical systems, and fire and life safety systems. The most recent code cycle was adopted in 2022 with an effective date of January 1, 2023.

This code cycle is an opportunity for cities and counties to adopt optional local energy code amendments, known as “reach codes,” that exceed or enhance State code standards. Historically, judications have adopted reach codes to the California Energy Code (Title 24, Part 6) and the California Green Building Standards Code (CALGreen) (Title 24, Part 11), to meet local climate action goals.

The City adopted its first reach code in November 2021, following a long process. During the March 2, 2021 City Council meeting, the Council provided direction to proceed with preparing an all-electric reach code with EV charging requirements. Additionally, at the July 13, 2021 City Council CAP study session, the City Council confirmed the inclusion of an all-electric reach code with EV charging to be incorporated into the proposed CAP Update.

On October 19, 2021, the City Council voted unanimously to introduce an all-electric reach code ordinance with EV charging requirements. The proposed ordinance factored in regional and State consistency and Santa Clara specific circumstances while setting a course to achieve critical decarbonization goals and meet EV charging demand.

On November 16, 2021, the City Council voted unanimously to adopt Ordinance No. 2034 and created the 2022 Reach Code of Santa Clara, based on the 2019 California Codes. On August 15, 2022, the California Energy Commission approved the all-electric provisions of the 2022 Reach Code of Santa Clara and 30 days later, on September 15, 2022, the Building Division of the City of Santa Clara Printed on 10/14/2022Page 1 of 3
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22-1106 Agenda Date: 10/18/2022
Community Development Department began the full implementation of the Reach Code.

Although the City’s reach code has only been in effect for a short time, it is necessary to bring forward a new version of the Code now, because of the triennial update of the CBSC. Although the 2022 Green Building Standards Code and Energy Code are not significantly different than the 2019 versions, there has been some reorganization of the codes that necessitates local amendments to update section numbering and cross-references. In addition, the requirements of the 2022 version of the CBSC move in the direction of zero-net-energy performance, but the City of Santa Clara still has the opportunity to achieve greater energy savings and accelerate decarbonization through an all- electric reach code that also prepares the community for the transition to transportation electrification.

DISCUSSION
The proposed Ordinance would update the 2022 Reach Code of Santa Clara (Reach Code) to adapt to the revisions to the Energy Code and Green Building Standards Code brought about by the 2022 California Code cycle. This update is limited to applicable code sections and titles. No changes were made to the substance of the previously adopted Reach Code.

As an example of the types of changes that the state enacted, the 2019 Green Building Standards Code previously contained one section on EV spaces at multifamily dwellings, (4.106.4.2) and another section on EV spaces at hotels and motels (4.106.4.3). In the 2022 Code, the state combined those requirements into one section (4.106.4.2). Because the City’s local amendments revised sections 4.106.4.2 and 4.106.4.3 of the 2019 CBSC, the City must now amend its ordinance to respond to the new numbering scheme.

A detailed staff analysis showed that although the 2022 Energy Code and Green Building Standards Code improved and came closer to the 2022 Reach Code of Santa Clara, the Reach Code continues to exceed the requirements of the 2022 CBSC by providing greater numbers of Electrical Vehicle charging opportunities and of course, all-electric provisions.

As discussed above, after the City first adopted its Reach Code in November 2021, the City was required to submit the code to the California Energy Commission (CEC) before the code could take effect. That process took nine months, and so the Reach Code has only been in effect for a short time. In adopting a new ordinance for 2023, the City will be required to again submit the ordinance to the CEC prior to them becoming effective if either the CBSC revisions or the City’s local amendments create “a substantial change in the factual circumstances affecting the determination.” (Pub. Res.

Code sec. 25402.1(h)(2).) Again, the CBSC changes are relatively minor, and the City’s local changes do not make any substantive amendments from the Code that the CEC approved earlier this year. So, if the Council adopts the ordinance as proposed, CEC submission should not be necessary.

If, however, the Council decides to give staff direction to make additional substantive changes to the reach code, CEC approval would be required before the Code could go into effect. Accordingly, staff recommends that the Council nevertheless introduce and adopt the proposed ordinance in the current form, so that it can become effective January 1, 2023. Staff can return a future date with any requested substantive edits, which could then be submitted to the CEC. If the Council makes substantive changes now, however, then there would be no reach code in effect as of January 1, and likely for many months afterwards, while the City awaited CEC approval.

City of Santa Clara Printed on 10/14/2022Page 2 of 3
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22-1106 Agenda Date: 10/18/2022

ENVIRONMENTAL REVIEW
The action being considered is exempt from the requirements of the California Environmental Quality Act ("CEQA”) pursuant to CEQA Guidelines section 15305 in that it is a minor alteration in land use limitations that will not result in any changes in land use or density, and section 15308 in that it is an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment.

FISCAL IMPACT
The proposed Resolution has no fiscal impact to the City.

COORDINATION
This report has been coordinated with the City Manager's Office, the Community Development Department, and the City Attorney’s Office.

PUBLIC CONTACT
A public notice of the public hearing to be held on November 1, 2022 is scheduled to be advertised in the Santa Clara Weekly publication on October 19, 2022 and October 26, 2022.

RECOMMENDATION
Staff recommend that City Council:

1. Introduce an Ordinance updating the 2022 Reach Code of Santa Clara to the 2022 California Code Cycle and

2. Set a public hearing on November 1st, 2022, pursuant to Government Code Section 50022.3, for adoption of the Ordinance.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. 2023 Reach Code Ordinance
City of Santa Clara Printed on 10/14/2022Page 3 of 3
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Reach Code Ordinance XXXX
City Council October 18, 2022 Page 1 of 23

ORDINANCE NO. xxxx

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA TO AMEND CHAPTER 15.36 (ENERGY CODE)
AND CHAPTER 15.38 (GREEN BUILDING CODE) OF TITLE
15 (BUILDINGS AND CONSTRUCTION) OF "THE CODE OF
THE CITY OF SANTA CLARA, CALIFORNIA" TO ADOPT
PROVISIONS OF THE 2022 CALIFORNIA ENERGY CODE AND
THE 2022 CALIFORNIA GREEN BUILDING STANDARDS

CODE WITH CERTAIN EXCEPTIONS, MODIFICATIONS, AND

ADDITIONS TO INCREASE BUILDING EFFICIENCY AND

INCREASE REQUIREMENTS RELATED TO ELECTRIC

VEHICLE CHARGING STATIONS

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

WHEREAS, Santa Clara's Climate Action Plan, first adopted in 2013, includes strategies to reduce greenhouse gas (GHG) emissions, and in 2022 was updated to further strengthen emissions reductions;
WHEREAS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 of the California Health and Safety Code, the City may adopt modifications to the provisions of the California Building Standards Code that are reasonably necessary to protect the health, welfare and safety of the residents of Santa Clara because of local climatic, geological or topographical conditions; WHEREAS, the City now intends to adopt the 2022 Energy Code and Green Building Standards Code with modifications to address local geological, topographical, and climatic conditions;
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Reach Code Ordinance XXXX
City Council October 18, 2022 Page 2 of 23

WHEREAS, the City Council hereby makes the following findings with respect to local geological, topographical and climatic conditions relating to the amendments to the California Energy Code and California Green Building Standards Code:
a) Santa Clara is located in the Santa Clara Valley, which is densely populated and located in an area of high seismic activities. Santa Clara is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The City's location makes it particularly vulnerable to damage by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the City sits between two active earthquake faults (San Andreas and the Hayward/Calaveras) and numerous potentially active faults.
b) Concern for fire- life safety associated with gas appliances and associated piping located in the ground and in the buildings increases with the risk of explosion or fire if there is a structural failure due to a seismic event considering the increasing number of buildings in the region.
c) Severe seismic events could disrupt communications, damage gas mains, and place extreme demands on the limited and widely dispersed resources of the Public Safety Department necessary for the life safety needs of the community. d) The local geographic, topographic, and climatic conditions pose an increased hazard in acceleration, spread, magnitude, and severity of potential fires in the City, and may cause a delayed response from emergency responders, allowing further growth of the fire. e) Over the next century, increasing levels of atmospheric greenhouse gas concentrates are expected to result in global temperature increases, causing a variety of local changes, including extreme weather conditions, sea level rise, more frequent heat waves and extended period of drought. Sea level rise as a result of climate change will have a dramatic local impact Reach Code Ordinance XXXX
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on the City. The City's northern area borders the southern end of the San Francisco Bay and is particularly vulnerable to sea level rise and is at an increased risk of flooding. Increased heat as a result of climate change can have a local impact on the health, safety, and welfare of the City's population, especially those without resources to purchase air conditioning, the elderly, disabled, or those with children. Failure to address and substantially reduce Greenhouse Gas emissions creates an increased risk to the health, safety and welfare of the City residents. f) Amendments to the California Codes have been adopted in the past by the City

Council based on specific findings of local geographic, topographic and climatic conditions; and the City Council hereby reaffirms such findings and confirms that the facts on which such findings were based continue to exist.
g) The provisions of this Ordinance establishing certain more restrictive standards than the California Codes will better serve to prevent or minimize structural and environmental damage resulting from local conditions.

WHEREAS, the City Council hereby makes the following additional findings with respect to cost effectiveness of any amendments to the California Codes for which such findings are required:
a) An August 1, 2019 Low Rise Residential Reach Code Cost Effectiveness Study prepared by Frontier Energy, Inc. and Misti Bruceri & Associates, LLC, funded by California utility ratepayers and submitted to the California Energy Commission, supports and documents the cost-effectiveness of the Ordinance.
b) A July 25, 2019 Non-residential New Construction Reach Code Cost Effectiveness Study prepared by TRC Advanced Energy and Energy Soft, funded by California utility ratepayers and submitted to the California Energy Commission, further supports and documents the cost-effectiveness of the Ordinance.

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c) This Ordinance is in alignment with the cost effectiveness studies referenced above and therefore the City Council finds the proposed regulations to be cost-effective. d) None of the provisions of this Ordinance change minimum efficiency standards, and therefore, this Ordinance is not preempted by federal appliance regulations.

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

SECTION 1: Recitals. The recitals set forth above are hereby incorporated herein by this reference.

SECTION 2: Chapter 15.36 Amended. Chapter 15.36 (Energy Code) of Title 15 (Buildings and Construction) of the Santa Clara City Code is hereby repealed and re- adopted to read as stated in Exhibit "A", attached hereto and incorporated herein by this reference.

SECTION 3: Chapter 15.38 Amended. Chapter 15.38 (Green Building Code) of Title 15 (Buildings and Construction) of the Santa Clara City Code is hereby repealed and re - ado
pted to read as stated in Exhibit "B", attached hereto and incorporated herein by this reference.

SECTION 4: Statutory References, Inclusions of Amendments and Additions.

Whenever reference is made to any portion of this ordinance, or of any other chapter or section of the Santa Clara City Code, or of any other ordinance of the City of Santa Clara, or of any law of the State of California, the reference applies to all amendments and additions now or thereafter made.
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SECTION 5: Interpretations. In interpreting and applying the provisions of this ordinance, the requirements contained herein are declared to be minimum requirements for the purposes set forth. The provisions of this ordinance, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. This ordinance shall not nullify the more restrictive provisions of covenants, agreements or other ordinances or laws, but shall prevail as to such provisions which are less restrictive.

SECTION 6: Findings. To the extent the changes and modifications set forth in this ordinance to the 2022 California Building Standards Code are deemed more restrictive than the standards contained in the 2022 California Building Standards Code, thus requiring findings describing local conditions that justify such modifications, the Council finds and determines that the changes are reasonably necessary because of local climatic, geologic, or topographic conditions, as set forth in the recitals to this ordinance.

SECTION 7: 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.
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SECTION 8: This ordinance modifies the City’s Energy Code and Green Building Code, which are also proposed to be modified by Ordinance No. XXXX (2022 Building Standards Code). Sections 8 and 10 of Ordinance No. XXXX shall only become effective if this ordinance is not enacted within 30 days of the adoption date of Ordinance No. XXXX. If this ordinance is adopted within 30 days of the adoption date of Ordinance No. XXXX, Sections 8 and 10 of Ordinance No. XXXX shall not become operative.

SECTION 9: Effective date. This ordinance shall take effect on January 1, 2023, and 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 _____ 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. Exhibit A: Chapter 15.36 - Energy Code

2. Exhibit B: Chapter 15.38 - Green Building Standards Code

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EXHIBIT A

CHAPTER 15.36-ENERGY CODE

15.36.010. Title.

15.36.020. Adoption by Reference.

15.36.030. Definitions.

15.36.040. Scope.

15.36.050. Space-conditioning equipment.

15.36.060. Service water-heating systems and equipment.

15.36.070. Pool and spa systems and equipment.

15.36.080. Natural gas pilot lights.

15.36.090. Solar requirements.

15.36.010. Adoption of Energy Code.

This chapter shall be known and may be cited and referred to as the "Energy Code for the City of Santa Clara."

15.36.020. Adoption by reference.

The "2022 California Energy Code" adopted by the State Building Standards Commission in California Code of Regulations (CCR) Title 24, Part 6 is hereby adopted by reference, with changes and modifications as hereinafter set forth, as the "Energy Code" for the City of Santa Clara.

15.36.030. Definitions.
2022 California Energy Code Section 100.1(b) (Definitions) is hereby amended by adding the following definitions:

ALL ELECTRIC BUILDING: is a building or building design that has no natural gas or propane plumbing installed within the building, and that uses electricity as the source of energy for its space heating, water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying appliances, within the building or building property lines, not excluding any exceptions as defined below.

All Electric Buildings may include solar thermal pool heating.

NEW CONSTRUCTION: For the purposes of All-Electric Building requirements, "newly constructed buildings" shall include the buildings defined in Section 100.1 as well as newly constructed additions and improvements in existing buildings where more than 50 percent of the exterior walls are removed or 50 percent of the wall plate height is raised. The Chief Building Official shall make the final determination regarding the application of this section.

For the purposes of All- Electric Building requirements, "newly constructed buildings" shall not include newly constructed additions and tenant improvements in existing buildings except as defined above.

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15.36.040 Scope.
(a) Any project that has submitted an application deemed complete by the Director of Community Development for either a planning or building entitlement prior to January 1, 2022, is exempt from the All-Electric Building requirements.

(b) 2022 California Energy Code Section 100.0(e)2A (Newly constructed buildings - All newly constructed buildings) is hereby amended to read as follows:
100.0(e)2A. All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable, and shall be an All-Electric Building as defined in Section 100.1(b).

Exception 1: F, H, L Occupancies may utilize natural gas and shall provide installed prewiring for future use of electric appliances.

Exception 2: Exception for public agency owned and operated emergency centers.

To take advantage of this exception, applicant shall provide third party verification that All-Electric space heating requirement, or secondarily propane heating, is not cost effective and feasible.

Exception 3: Hotels with eighty or more guestrooms may utilize natural gas in on- site commercial laundry facilities only.

Excepti
on 4: Non-residential kitchens may not utilize natural gas for cooking appliances unless the applicant establishes that there is not an all- elec tric option for
the kitchen, or secondarily a propane option, using commercially available technology. If the Building Official grants an exception, EnergySTAR rated natural gas appliances shall be used.

Excepti
on 5: If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the Energy Code, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method or if it is demonstrated that there is equivalent greenhouse gas reduction, then the Building Official may grant an exception.

Exception Process:

a. Granting of Exception. If the Building Official or designee determines that it is infeasible for the applicant to fully meet the requirements of this Chapter and one of the exceptions listed above applies, the Building Official or designee, shall determine the maximum feasible threshold of compliance reasonably achievable for the project. The decision of the Building Official or designee

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shall be provided to the applicant in writing. If an exception is granted, the applicant shall be required to comply with this Chapter in all other respects and shall be required to achieve, in accordance with this Chapter, the threshold of compliance determined to be achievable by the Building Official or designee.
b. Denial of Exception. If the Building Official or designee determines that it is reasonably possible for the applicant to fully meet the requirements of this Chapter, the request shall be denied and the Building Official or designee shall so notify the applicant in writing. The project and compliance documentation shall be modified to comply with this Chapter prior to further review of any pending planning or building permit application.
c. Appeals of Exception Denial. If denied the infeasibility exception, the applicant may appeal in writing to the Director of Community Development. The Director will consider the information provided and render a written decision regarding infeasibility based on the factors set forth in this Chapter. The decision of the Director shall be final.

Note 1: If natural gas appliances are used in any of the above exceptions 1-5, natural gas appliance locations must also be electrically pre-wired for future electric appliance installation. They shall include the following:

1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer's recommendations) with an electrical receptacle or junction box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors;

2. Both ends of the conductor or conduit shall be labeled with the words "For Future Electric appliance" and be electrically isolated;

3. A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit, an example is as follows (i.e "For Future Electric Range;") and

4. All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code.

Note 2: If any of the exceptions 1- 5 are granted, the Building Official shall have the authority to approve alternative materials, design and methods of construction or equipment per CBC 104.

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15.36.050 Space-conditioning equipment.

2022 California Energy Code Section 110.2 (Mandatory Requirements for Space- Condi
tioning Equipment), first paragraph, is hereby amended to read as follows:

Cert
ification by Manufacturers. Any space-conditioning equipment listed in this section may be installed only if the manufacturer has certified to the Commission that the equipment complies with all the applicable requirements of this section and section 100.0(e)2A.

15.36.060 Service water-heating systems and equipment.
2022 California Energy Code Section 110.3 (Mandatory Requirements for Service Water-Heating Systems and Equipment), subsection (a), first paragraph, is hereby amended to read as follows:

Certification by manufacturers. Any service water-heating system or equipment may be installed only if the manufacturer has certified that the system or equipment complies with all of the requirements of this subsection and section 100.0(e)2A for that system or equipment.

15.36.070 Pool and spa systems and equipment.
2022 California Energy Code Section 110.4 (Mandatory Requirements for Pool and Spa Systems and Equipment), subsection (a), first paragraph, is hereby amended to read as follows:

(a) Certification by manufacturers. Any pool or spa he ating system or equipment may be installed only if the system or equipment meets the requirements of section 100.0(e)2A and the manufacturer has certified that the system or equipment has all of the following:

15.36.080. Natural gas pilot lights.
2022 California Energy Code Section 110.5 (Natural Gas Central Furnaces, Cooking Equipment, Pool and Spa Heaters, and Fireplaces: Pilot Lights Prohibited), first paragraph, is amended as follows:

110.5. Any natural gas system or equipment listed below may be installed only if it meets the requirements of Section 100.0(e)2A and does not have a continuously burning pilot light:

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15.36.090. Solar requirements.

(a) Title. 2022 California Energy Code Section 110.10 (Mandatory Requirements for Solar-Readiness ), title, is hereby amended to read as follows:

SECTION 110.10 - MANDATORY REQUIREMENTS FOR SOLAR READINESS

AND SOLAR PANEL SYSTEM REQUIREMENTS FOR NEW NON-RESIDENTIAL

AND MULTIFAMILY BUILDINGS
(b) Hotel/Motel Occupancies and High-rise Multifamily Buildings. 2022 California Energy Code Section 110.10(a)3 (Covered Occupancies-Hotel/Motel Occupancies and High- rise Multifamily Buildings) is hereby amended to read as follows:

3. Hotel/Motel Occupancies and High- rise Multifamily Buildings. Hotel/motel occupancies and high-rise multifamily buildings with ten habitable stories or fewer, that do not have a photovoltaic system installed, shall comply with the requirements of Section 110.10(b) through 110.10(d) and Table 110.10-A.

(c) Nonresidential Buildings. 2022 California Energy Code Section 110.10(a)4 (Covered Occupancies - Nonresidential Buildings) is hereby amended to read as follows:

4. Nonresidential Buildings. Nonresidential buildings with three habitable stories or fewer, other than I-2 and I2.1 buildings that do not have a photovoltaic system installed, shall comply with the requirements of Section 110.10(b) through 110.10(d) and Table 110.10-A.

(d) Solar panel requirements for all new nonresidential and high-rise residential buildings. 2022 California Energy Code Section 110.10(a) (Covered Occupancies) is hereby amended by adding the following table to the end of subsection (a):

Table 110.10-A: Solar panel requirements for all new nonresidential and high- rise residential buildings
Square footage of building Size of panel
Less than 10,000 sq. ft. Minimum of 3-kilowatt PV systems Greater than or equal to 10,000 sq.
ft.

Minimum of 5-kilowatt PV systems
EXCEPTION: As an alternative to a solar PV system, the building type may provide a solar hot water system (solar thermal) with a minimum collector area of 40 square feet, additional to any other solar thermal equipment otherwise required for compliance with Part 6

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(e) Minimum solar area - exceptions. 2022 California Energy Code Section 110.10(b)1B (Minimum Solar Zone Area- Multifamily Buildings, Hotel/Motel Occupancies and Nonresidential Buildings), Exception 2, is hereby amended to read as follows:

EXCE
PTION 2 to Section 110.10(b)1B: High-rise multifamily buildings, hotel/motel occupancies with a permanently installed domestic solar water- heati
ng system complying with Section 150.1(c)8Biii and an additional collector area of 40 square feet.

(f) Minimum solar area - performance equivalency. 2022 California Energy Code Section 110.10(b)1B (Minimum Solar Zone Area - Multifamily Buildings, Hotel/Motel Occupancies, and Nonresidential Buildings) is hereby amended by adding the following new Exception 6 after Exception 5:

EXCEPTION 6 to Section 110.10(b)1B: Performance equivalency approved by the Building Official.

(g) Minimum solar area - shading. 2022 California Energy Code Section 110.10(b)3 (Minimum Solar Zone Area - Shading) is hereby amended by adding the following:

110.10(b)3C. The solar zone needs to account for shading from obstructions that may impact the area required in 110.10(b)1B. When determined by the Building Official that conditions exist where excessive shading occurs and solar zones cannot be met, a performance equivalency approved by the Building Official may be used as an alternative.

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EXHIBIT B

CHAPTER 15.38-GREEN BUILDING

STANDARDS CODE

15.38.010. Title.

15.38.020. Adoption by Reference.

15.38.030. Definitions.

15.38.040. Residential mandatory measures-Electric vehicle (EV) charging.

15.38.050. Non-residential mandatory measures-Electric vehicle (EV) charging.

15.38.010. Title.

This chapter shall be known and may be cited and referred to as the "Green Building Standards Code" for the City of Santa Clara.

15.38.020. Adoption by reference.

The "2022 California Green Building Standards Code" adopted by the State Building Standards Commission in California Code of Regulations (CCR) Title 24, Part 11 is hereby adopted by reference, with changes and modifications as hereinafter set forth, as the Green Building Standards Code of the City of Santa Clara.

15.38.030. Definitions.
2022 California Green Building Standards Code Section 202 (Definitions) is hereby amended by adding the following definitions:

EV Capable: A parking space linked to a listed electrical panel with sufficient capacity to provide at least 110/120 volts and 20 amperes to the parking space.

Raceways linking the electrical panel and parking space only need to be installed in spaces that will be inaccessible in the future, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways must be at least 1" in diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The panel circuit directory shall identify the overcurrent protective device space(s) reserved for EV charging as "EV CAPABLE." Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways. The parking space shall contain signage with at least a ½" font adjacent to the parking space indicating the space is designated as EV Capable for future connection of infrastructure at the designed voltage and amperage levels.

Level 1 EV Ready Space: A parking space served by a complete electric circuit with a minimum of 110/120 volt, 20-ampere capacity including electrical panel capacity, overprotection device, a minimum 1" diameter raceway that may Reach Code Ordinance XXXX
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include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a ½" font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE).

Low Power Level 2 EV Ready Space:

A parking space served by a complete electric circuit with 208/240 volt, 20 ampere minimum branch circuit capacity including electrical panel capacity, overprotection device, a minimum 1" diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a ½" font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 15 amperes.

Level 2 EV Ready Space: A parking space served by a complete electric circuit with 208/240 volt, 40-ampere capacity including electrical panel capacity, overprotection device, a minimum 1" diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a ½" font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes.

Level 3/Direct Current Fast Charger (DCFC): A parking space that includes the installation of a charger with the capacity to provide at least 80 kW of output.

Electric Vehicle Charging Station (EVCS): A parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 EV Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.

Affordable Housing: Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed my local agencies to be affordable based on area median income.

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15.38.040. Residential mandatory measures-Electric vehicle (EV) charging.

(a) 2022 California Green Building Standards Code Section 4.106.4 (Electric vehicle (EV) charging for new construction) is hereby amended to read as follows:

4.106.4. Electric vehicle (EV) charging for new construction. New construction shall comply with Sections 4.106.4.1 or 4.106.4.2 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.

Exceptions:

As per the CalGreen code, the Chief Building Official will make determination of exceptions.

1. Where there is no commercial power supply.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities, and without electrical panel upgrade or new panel installation. ADUs and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.

3. Multifamily residential building projects with valid entitlements granted by the City that have not otherwise expired before the effective date of this ordinance shall provide at least ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, with Level 2 EV Ready Circuits. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number.

4. Spaces Accessible only by automated mechanical car parking systems are excepted from providing EV charging infrastructure.

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(b) 2022 California Green Building Standards Code Section 4.106.4.1 (New one- and t
wo-family dwellings and townhouses with attached private garages) is hereby amended to read as follows:

4.106.4.1. New one- and two-family dwellings and townhouses.

1. In private garages with two or more parking spaces, install one Level 2 EV Ready Space and one Level 1 EV Ready Space.

2. For each dwelling unit with only one parking space, install a Level 2 EV Ready Space

3. For parking spaces not assigned to a dwelling unit:
a. 25% of the unassigned parking space(s) shall be Level 2 EV Ready Space(s)
b. 75% of the unassigned space(s) shall be Low Power Level 2 EV Ready Space(s)

Calculations for the required minimum number of EV Ready spaces shall be rounded up to the nearest whole number.

4.106.4.1.1. Identification. The raceway termination location shall be permanently and visibly marked as "Level 2 EV-Ready".

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(d) 2022 California Green Building Standards Code Section 4.106.4.2.1 (Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guestroom) is hereby amended to read as follows:

4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guestroom. The following requirements apply to all new multifamily dwellings with less than 20 units, the residential portion of mixed-use buildings with less than 20 units, and all hotels and motels with less than 20 sleeping units or guest rooms:

1. New Multifamily Buildings: For multifamily buildings with less than 20 dwelling units
a. one parking space per dwelling unit with parking shall be provided with a Level 2 EV Ready Space.
b. Additionally, all multifamily residential developments shall include secured bicycle parking with110v electrical
outlets.

Exception: For all Multifamily Affordable housing, 10% of dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number. The remaining dwelling units with parking space(s) shall each be provided with at least one Level 1 EV Ready Space.

2. New Hotels and Motels: In residential new construction buildings designated primarily for hotel and motel use with parking spaces with less than 20 sleeping units or guest rooms:

a. 10% of parking spaces shall be Level 2 EVCS.
b. An additional 50% of parking spaces shall be EV Capable spaces.

Calculations for the required minimum number of spaces
equipped with Level 2 Ready Spaces and EV Capable spaces shall all be rounded up to the nearest whole number.

Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1" and sufficient for installation of Level 2 Ready Spaces and all required EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including EV Capable spaces; and Reach Code Ordinance XXXX
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service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.

Notes:

1. ALMS may be installed to decrease electrical service and transformer costs associated with EV Charging Equipment subject to review of the authority having jurisdiction.

2. Installation of Level 2 EV Ready Spaces above the minimum number required level may offset the minimum number Level 1 EV Ready Spaces required on a 1:1 basis.

3. The multifamily requirements apply to multifamily buildings with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking.

4. In order to adhere to accessibility requirements in accordance with California Building Code Chapters 11A
and/or 11B, it is recommended that all accessible parking spaces for covered newly constructed multifamily
dwellings are provided with Level 1 or Level 2 EV Ready Spaces.

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(e) 2022 California Green Building Standards Code Section 4.106.4.2.2 (Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms) is hereby amended to read as follows:

4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms:

1. New Multifamily Buildings: For multifamily buildings with 20 dwelling units or more and for the residential portion of mixed-use buildings with 20 dwelling units or more:
a) Provide one Level 2 EV Ready Space for each of the first 20 dwelling units with parking space(s)
b) For all additional dwelling units above 20 with parking space(s):
i. 25% of dwelling units with parking space(s) shall
be provided with at least one Level 2 EV Ready Space
ii. 75% of dwelling units with parking spaces shall be
provided with at least one Low Power Level 2 EV Ready
Space
c) Additionally, all multifamily residential developments shall include secured bicycle parking with 110v electrical outlets.

2. New Hotels and Motels: In residential new construction buildings designated primarily for hotel and motel use with parking spaces with 20 or more sleeping units or guest rooms:
a) 10% of parking spaces shall be Level 2 EVCS.
b) An additional 50% of parking spaces shall be EV Capable spaces.

Calculations for the required minimum number of spaces equipped with Level 2 Ready Space and EV Capable spaces shall all be rounded up to the nearest whole number.

Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1" and sufficient for installation of Level 2 Ready Spaces and all required EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on- site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including EV Capable spaces; and service panel or subpanel(s) shall have sufficient Reach Code Ordinance XXXX
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capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.

Notes:

1. ALMS may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code.

The option does not allow for installing less electrical panel capacity than would be required without ALMS.

2. Installation of Level 2 EV Ready Spaces above the minimum number required level may offset the minimum number Level 1 EV Ready Spaces required on a 1:1 basis.

3. The multifamily requirements apply to multifamily buildings with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking.

4. In order to adhere to accessibility requirements in accordance with California Building Code Chapters 11A and/or 11B, it is recommended that all accessible parking spaces for covered newly constructed multifamily dwellings are provided with Level 1 or Level 2 EV Ready Spaces.

(f) 2022 California Green Building Standards Code Section 4.106.4.2.2.1.2 (Electric vehicle charging stations (EVCS) dimensions) is hereby amended to add an Exception to the end of the Section:

Exception: Where the City Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.2.2.1.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with 2022 California Building Code Section Table 11B-228.3.2.1 and section 11B- 812, as applicable.

(g) The following sections of the 2022 California Green Building Standards Code Sections are deleted in their entirety: 4.106.4.2.3 (EV space requirements), and

4.106.4.2.4 (Identification).

15.38.050. Nonresidential mandatory measures-Electric vehicle (EV) charging.

(a) 2022 California Green Building Standards Code Section 5.106.5.3 (Electric vehicle (EV) charging) is hereby amended to read as follows:

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5.106.5.3. Electric vehicle (EV) charging. New construction shall comply with both Sections 5.106.5.3.1 and Section 5.106.5.3.2 to facilitate future installation and use of EVSE.

Exceptions:

1. Where there is no commercial power supply.

2. Spaces accessible only by automated mechanical car parking systems are excepted from providing EV charging
infrastructure.

3. Installation of each Level 3/Direct Current Fast Charger with the capacity to provide at least 80 kW output may substitute for 11 Level 2 EVCS spaces after a minimum of 11 Level 2 EVCS
spaces are installed.

(b) 2022 California Green Building Standards Code Section 5.106.5.3.1 (EV capable spaces) is hereby amended to read as follows:

5.106.5.3.1. EV Capable Spaces

Nonresidential buildings (excluding hotels and motels) and nonresidential portions of mixed use buildings: EV capable spaces shall be provided as specified below and per the following requirements:

1. 35% of parking spaces shall be EV Capable.

2. Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple capable spaces.

3. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40-ampere minimum branch circuit for each capable space, with delivery of 30- ampere minimum to an installed at each

4. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each capable space.

5. The service panel or subpanel circuit directory shall identify Reach Code Ordinance XXXX
City Council October 18, 2022 Page 22 of 23

the overcurrent protective device space(s) as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE."

Calculations for the required minimum number of spaces shall all be rounded up to the nearest whole number.

Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1" and sufficient for installation at all required EVCS; electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EVCS including EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVCS.

5.106.5.3.2. Electric vehicle charging stations (EVCS)

Nonresidential buildings (excluding hotels and motels) and nonresidential portions of mixed use buildings: In addition to the EV Capable Space requirements of Section 5.106.5.3.1, nonresidential buildings (excluding hotels and motels) and nonresidential portions of mixed use buildings shall comply with the following:

1. An additional 35% of parking spaces shall be provided with EVCS.

2. Required EVCS may be provided in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided.

Calculations for the required minimum number of spaces equipped with EVCS shall be rounded up to the nearest whole number.
\\

Reach Code Ordinance XXXX
City Council October 18, 2022 Page 23 of 23

Notes:

1. ALMS may be installed to increase the number of EV chargers or the amperage or voltage beyond the minimum requirements in this code. The option does not allow for installing less electrical panel capacity than would be required without ALMS.

(d) 2022 California Green Building Standards Code Section 5.106.5.3.3 (Use of Automatic Load Management System (ALMS)) is hereby amended to read as follows:

5.106.5.3.3. Use of Automatic Load Management Systems (ALMS) ALMS shall be permitted for EVCS. When ALMS is installed, the required electrical load capacity specified in Section 5.106.5.3.1 and Section 5.106.5.3.2 for each EVCS may be reduced when serviced by an EVSE controlled by an ALMS. Each EVSE controlled by an ALMS shall deliver a minimum 30 amperes to an EV when charging one vehicle and shall deliver a minimum 3.3 kW while simultaneously charging multiple EVs.
(e) 2022 California Green Building Standards Code Section 5.106.5.3.4 (Identification) is hereby amended to read as follows:

5.106.5.3.5 Identification. The raceway termination location shall be permanently and visibly marked as "EV Ready".

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1230 Agenda Date: 10/18/2022

REPORT TO COUNCIL

SUBJECT
Action on Adoption of a Resolution of Intention to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees; and to Waive First Reading and Approve the Introduction of an Ordinance Amending the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The City of Santa Clara Municipal Code Section 2.05.090 authorizes the City Council of the City and the Board of Administration, Public Employees’ Retirement System to provide retirement benefits for its employees. The City Council of the City of Santa Clara and the Board of Administration of the California Public Employees’ Retirement System (CalPERS) entered into a contract effective September 1, 1943, which was last amended on December 27, 2006, and provides for participation of the City of Santa Clara in CalPERS.

In April 2022, CalPERS reviewed the City of Santa Clara’s application of the California Public Employees’ Retirement System (“CalPERS”) Retirement Contract exclusion that became effective April 1, 1959 which excluded certain classes of employment from CalPERS coverage (“Exclusion”).

CalPERS determined that the Exclusion is superseded by Gov. Code section 20305(b) because temporary employment is already excluded from membership by Gov. Code section 20305 (until membership requirements) are met and therefore does not need to be specifically excluded in the Agreement.

CalPERS informed the City that this provision is no longer in compliance and that the contract between the City and CalPERS must be amended to remove this provision. CalPERS provided the required steps to remove the exclusion from the City’s contract and an amendment to the CalPERS contract to remove the above exclusion. CalPERS requires that the City adopt a Resolution and Ordinance memorializing the Amendment, and that the City use the particular forms provided by CalPERS.

DISCUSSION
The proposed Ordinance authorizes an amendment to the contract between the City Council of the City of Santa Clara and the Board of Administration of the California Public Employees' Retirement City of Santa Clara Printed on 10/14/2022Page 1 of 3
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22-1230 Agenda Date: 10/18/2022
System. The Amendment will remove the following exclusion, which was effective April 1, 1959 and is no longer valid:

CROSSING GUARDS AND EMPLOYEES OF THE RECREATION DEPT. AND CITY LIBRARY WHO

NORMALLY ARE EMPLOYED ON A LESS THAN ONE-HALF TIME BASIS NOT WITHSTANDING

THE FACT THAT THEY MAY AT TIMES BE EMPLOYED TEMPORARILY ON A GREATER THAN ONE-HALF TIME BASIS.

To effectuate this amendment, the City Council must adopt a Resolution and an Ordinance which amends the CalPERS agreement.

In addition to the elimination of the Exclusion, which is the primary reason for CalPERS requiring the Amendment, some additional modifications are also being made because the City’s contract has not had any updates since 2006 (which predated the changes to the retirement system rules under PEPRA). The retirement ages have been increased by seven years for new members; the City agrees to defend and indemnify CalPERS against liability arising from the City’s decisions regarding its own retirement benefits; the benefit calculation formulas have been updated to include the formulas applicable to new employees.

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 to amend the City’s CalPERS agreement.

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

1. Adopt Resolution of Intention to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees;

2. Waive First Reading and Approve the Introduction of an Ordinance Amending the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City of Santa Clara Printed on 10/14/2022Page 2 of 3
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22-1230 Agenda Date: 10/18/2022
City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees; and

3. Authorize City Manager to Execute Amendment to the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara.

Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution of Intention

2. Ordinance

3. 2022 Amendment to Contract Exhibit

4. CalPERS Contract
City of Santa Clara Printed on 10/14/2022Page 3 of 3
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RESOLUTION OF INTENTION

TO APPROVE AN AMENDMENT TO CONTRACT

BETWEEN THE

BOARD OF ADMINISTRATION

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM

AND THE

CITY COUNCIL

CITY OF SANTA CLARA

WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and

WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resol ution shall contain a summary of the change proposed in said contract; and

WHEREAS, the following is a statement of the proposed change:

To provide Section 20503 (Removal of the Contract Exclusion of “Crossing Guards And Employees Of The Recreation Depar tment And City Library Who Normally Are Employed On A Less Than Half -Time Basis Not Withstanding The Fact That They May At Times Be Employed Temporarily On A Greater Than Half -Time Basis And Who Are Employed April 1, 1959, Or Thereafter,” prospectively fro m the effective date of this amendment to contract).

NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency d oes hereby give notice of inte ntion to approve an amendment to the contract between said public agency and the Board of Admini stration of the Public Employees' Retirement System, a copy of said amendment being attach ed hereto, as an "Exhibit" and by this reference made a part hereof.

By:_________________________________
Presiding Officer

_________________________________
Title
________________________________
Date adopted and approved

(Amendment)
CON-302 (Rev. 3/9/2016 rc)
Ordinance/Amendment to CalPERS Contract Page 1 of 3

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SANTA CLARA ,
CALIFORNIA ADDING SECTION 2.05.100 TO “THE CODE
OF THE CITY OF SANTA CLARA , CALIFORNIA” TO

AUTHORIZING AN AMENDMENT TO THE CONTACT

BETWEEN THE CITY OF SANTA CLARA AND THE BOARD

OF ADMINISTRATION OF THE CALIF ORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM

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

WHEREAS, the City of Santa Clara Municipal Code Section 2.05.090 authorizes the City Council of the City of Santa Clara to contract with the Board of Administration, Public Employees’ Retirement System to provide retirement benefits for its employees; WHEREAS, in April 1, 1959, a contract provision was approved that excludes Crossing Guards and employees of the Recreation Departme nt and City Lib rary employees who normally are employed on a less than one-half time basis notwithstanding the fact that they may at time be employed temporarily on a greater than one-half time basis; WHEREAS, CalPERS has informed the City that this provision is no longer valid because temporary employment is excluded from membership by Government Code section 20305 until membership requirements are met;
WHEREAS, some additional modifications are required in the Am endment to reflect changes arising from the passage of PEPRA; and
WHEREAS, CalPERS requires that the City amend its contract with CalPERS to make these modifications and the City Council agrees.

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

SECTION 1: That a new Section 2.05.100 is added to Chapter 2.05 (entitled “General Ordinance/Amendment to CalPERS Contract Page 2 of 3

Provisions”) of Title 2 (entitled “Administration and Personnel”) of “The Code of the City of Santa Clara, California” to read as follows:
“2.05.100 Amendment to Agreement with Board of Administration for the California Public Employees Retirement System.

That an amendment to the contract between the City of Santa Clara and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached to this Ordinance, and by such reference made a part hereof as though herein set out in full.”
SECTION 2: Ordinances Repealed. With exception of the provisions prote cted by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.

SECTION 3: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committ ed 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 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adopti on it shall be published in accordance wi th the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.” PASSED FOR THE PURPOSE OF PUBLICATION this XX day of XXXXXX, 2022, by the following vote:

Ordinance/Amendment to CalPERS Contract Page 3 of 3

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ___________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1.Amendment to Contact between the Board of Administration of the Public Employees’ Retirement System and the City Council of the City of Santa Clara

A_
CalPERS

EXHIBIT
California
Public Employees' Retirement System

AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Santa Clara
--=-====:: •.____===
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective September 1, 1943, and witnessed September 1, 1943, and as amended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July 1, 1959, April 1, 1963, July 1, 1964, October 1, 1964, August 1, 1969, January 27, 1974, June 26, 1975, March 19, 1978, January 3, 1982, August 8, 1990, May 23, 1993, January 9, 2000, June 15, 2000, October 15, 2000, May 26, 2002, December 17, 2006, and December 27, 2006, which provides for participation of Public Agency in said System, Board and Public Ag~ncy hereby agree as follows:

A Paragraphs 1 through 13 are hereby stricken from said contract as executed effective December 27, 2006, and hereby replaced by the following paragraphs numbered 1 through 16 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otheiwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members, and age 57 for new local safety members.

2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1943, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law.

4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).

5. In addition to the· classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:

NO ADDITIONAL EXCLUSIONS

6. Removal of the exclusion of "All Hourly Rated Or Hourly Basis Employees," pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership.

7. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment before and not on or after December 17, 2006, shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified).

8. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment on or after December 17, 2006, shall be determined in accordance with Section 21354.5 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2. 7% at age 55 Full and Modified).

9. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Supplemental to Federal Social Security).

10. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).

11. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).

12. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only.
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local safety members only.
c. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980.
d. Section 21222.2 (One-Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980.
e. Section 20042 (One-Year Final Compensation) for classic local police members and classic local miscellaneous members only.
f. Section 20516 (Employees Sharing Cost of Additional Benefits):

Section 20042 (One-Year Final Compensation) for classic local police · members.

From and after January 3, 1982, the classic local police employees of Public Agency shall be assessed an additional 2.250% of their compensation for a total contribution rate of 11.250% pursuant to Government Code Section 20516.
g. Section 21024 (Military Service Credit as Public Service). h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only.
i. Section 20503 (To Remove the Exclusion of "All Hourly Rated Or Hourly Basis Employees," prospectively from June 15, 2000).
j. Section 21548 (Pre-Retirement Option 2W Death Benefit). k. Section 21547.7 (Alternate Death Benefit for Local Fire Members Credited with 20 or More Years of Service).

I. Section 20503 (To Remove the Exclusion of "Crossing Guards And Employees Of The Recreation Department And City Library Who Normally Are Employed On A Less Than Half-Time Basis Not Withstanding The Fact That They May At Times Be Employed Temporarily On A Greater Than Half-Time Basis And Who Are Employed April 1, 1959, Or Thereafter," prospectively from the effective date of this amendment to contract).

13. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

14. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

15. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees1 Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.
)z This amendment shall be effective on the __ day of ________ _ B~BOF ADMINISTRATION
PUBL~PLOYEES' RETIREMENJ" SYSTEM
1/!o?-
Bv Jil'.1_
MELODY BENAVI~~,, HIEF
PENSION CONTRAC t · D PREFUNDING
PROGRAMS DIVISION • ~ ·
PUBLIC EMPLOYEES' RETl~1f ff SYSTEM
tr❖
AMENDMENT Ca!PERS 10 #5184718394
PERS-CON-702A
<?~ COUNCIL
~ COF SANTA CLARA
1~
BY Oa
PRESIDING~CER
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~ 3?// Witness Date
Attest:

Clerk
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CalPERS
California
Public Employees' Retirement System
----•----
AMENDMENT TO CONTIU~CT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Santa Clara
----•----
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, h3reinafter referred to as Public Agency, having entered into a contract effective September 1, 1943, and witnessed September 1, 1943, and as amended effective September 1, 1H47, July 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July 1, 1959, April 1, 19153, July 1, 1964, October 1, 1964, August 1, 1969, January 27, 197 4, June 26, 1975, March ·19, 1978, January 3, 1982, August 8, 1990, May 23, 1993, January 9, 2000, June 15, 2000, October 15, 2000, May 26, 2002 and December 17, 2006 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 13 are hereby stricken from said contract as oxecuted effective December 17, 2006, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members.

2. Public Agency shall participate in the Public Employees' Retirem~Jlt System from and after September 1, 1943 making its employeEis as · fllereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on . election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisi99s thereof, apply only on the election of a contracting agency. <, ~,

3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as ane excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety mBmbers); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members {herein referred to as local miscellaneous members).

4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. CROSSING GUARDS AND EMPLOYEES OF THIE RECREATION

DEPARTMENT AND CITY LIBRARY WHO NORMALLY ARE

EMPLOYED ON A LESS - THAN HALF-TIME BASIS NOT

WITHSTANDING THE FACT THAT THEY MAY AT TIMES BE

EMPLOYED TEMPORARILY ON A GREATER THAN HALF-TIME
BASIS AND WHO ARE EMPLOYED APRIL 1, 1959 OR
THEREAFTER.

5. Removal of the exclusion of "All Hourly Rated or Hourly Basis Employees", pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership.

6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after December 17, 2006 shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, thH effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). q.
~"I
0 ~.)
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7. The percentage of final compensation to be provided for each yeat 9f credited prior and current service for local miscellaneous members in 1employment on or after December 17, 2006 shall be determined in accordance with Section 21354.5 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Fe~~ral Social Security (2. 7% at age 55 Full and Modified). , ,
0 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (~,% at age 50 Full and Modified).

9. Public Agency elected and elects to be subject to the 'following optional provisions:
a. Section 21571 (Basic Level of 1959 Survivor B1:1nefits) for local miscellaneous members only.
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local safety members only.
c. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980.
d. Section 21222.2 (One-Time 5% Increase - 1971 ). Legislation repealed· said Section effective January 1, 1980.
e. Section 20042 (One-Year Final Compensation) for local police members and local miscellaneous members only.
f. Section 20516 (Employees Sharing Cost of Additional Benefits):

Section 20042 (One-Year Final CompensaUon) for local police members.

From and after January 3, 1982 the local police employees of Public Agency shall be assessed an additional 2.250% of their compensation for a total contribution rate of 11.250% pursuant to Government Code Section 20516.
g. Section 21024 (Military Service Credit as Public Service1). 0 ~ l
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h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for l~al safety members only. · 4
i. Section 20503 (To Remove the Exclusion of All Hourly Rated or Hourly Basis Employees, Prospectively from June 15, 2000).
~ ,;,
0 j. Section 21548 (Pre-Retirement Optional Settlement 2 Death B~efit). k. Section 21547.7 (Alternate Death Benefit for Local Fire Members Credited with 20 or More Years of-Service).

10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

11. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single aGcount, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable iI1 one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.
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13. Contributions required of Public Agency and its employees shall ~ paid by Public Agency to the Retirement System within fifteen days after the ·end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions req4ifed of any employee may be made b~ct payments between the employ~$! and the Board. ~
.;),_Lf "I .

B. This amendment shall be effective on the~..,. day of De< «-"Wt kr: , .J ov l, .

BOARD OF ADMINISTRATION CITY COUNCIL

PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SANTA CLARA BY_~~!::::!......L.:...~~~!!:::2::~---

LORI CG

EMPLOY SERVICES DIVISION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT ER# 30
PERS-CON-702A (Rev. 10\05)
BY,~✓~

PRESIDING OFFICER
Witness Date
Attest:

Clerk
A
CalPERS
California
Public Employees' Retirement System
----•----

AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Santa Clara
----•----
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective September 1, 1943, and witnessed September 1, 1943, and as amended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July 1, 1959, April 1, 1963, July 1, 1964, October 1, 1964, August 1, 1969, January 27, 1974, June 26, 1975, March 19, 1978, January 3, 1982, August 8, 1990, May 23, 1993, January 9, 2000, June 15, 2000, October 15, 2000 and May 26, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective May 26, 2002, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otheiwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members.
' '

2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Pubhc Employees' Retiremenr Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Employees of Public Agency in the following classes shall become members of said Retirement System-except-sucnin each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).

4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become ---members of said Retirement System:
a. CROSSING GUARDS AND EMPLOYEES OF THE RECREATION

DEPARTMENT AND CITY LIBRARY WHO NORMALLY ARE

EMPLOYED ON A LESS THAN HALF-TIME BASIS NOT

WITHSTANDING THE FACT THAT THEY MAY AT TIMES BE

EMPLOYED TEMPORARILY ON A GREATER THAN HALF-TIME
BASIS AND WHO ARE EMPLOYED APRIL 1, 1959 OR
THEREAFTER.

6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). , I

7. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section. 21354.5 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2.7% at age 55 Full and Modified).

8. The percentage -Of-.final compensation to be provided for each year of -----c-r-ed~ited prior and current service as a localsafety-member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full and Modified).

9. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only.
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local safety members only.
c. Section 21222.1 (One-Time 5% Increase - 1970). Legislation - - -- ----~ repealed said-Section effective-January-1, -1980.---- - d. Section 21222.2 (One-Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980.
e. Section 20042 (One-Year Final Compensation) for local police members and local miscellaneous members only.
f. Section 20516 (Employees Sharing Cost of Additional Benefits):

Section 20042 (One-Year Final Compensation) for local police members.

From and after January 3, 1982 the local police employees of Public Agency shall be assessed an additional 2.250% of their compensation for a total contribution rate of 11.250% pursuant to Government Code Section 20516.
g. Section 21024 (Military Service Credit as Public Service). h.- - Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members-only.
i. Section 20503 (To Remove the Exclusion of All Hourly Rated or Hourly Basis Employees, Prospectively from June 15, 2000). j. Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit).

11. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 2157 4 of said Retirement Law. (Subject to annual change.) In addition, all assets and - -liabilities of Public Agency and--its employees shall be pooled in a single~account, based on term insurance rates, for survivors of all local safety members.
b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board·-regulation. If- more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.

This amendment shall be effective on the 17th day of December , 2006

BOARD OF ADMINISTRATION CITY COUNCIL

PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY--l-~:::::::Jl;~----"LL..L.~~~.!CX::.=1::..:::::::--__ LOR

EMP ISION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM

CITY OF SANTA CLARA
~~~~
Witness 6ate
Attest:
---------- ---
AMENDMENT ER# 0030
PERS-CON-702A (Rev. 10\05)
A
CalPERS
C2 MAY 23 AM IQ: 32
California
Public Employees' Retirement System
----•----

AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Santa Clara
-----•----....,
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective September 1, 1943, and witnessed September 1, 1943, and as amended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July 1, 1959, April 1, 1963, July 1, 1964, October 1, 1964, August 1, 1969, January 27, 1974, June 26, 1975, March 19, 1978, January 3, 1982, August 8, 1990, May 23, 1993, January 9, 2000, June 15, 2000 and October 15, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective October 15, 2000, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age
0 shall mean age 55 for local
miscellaneous members and age 50 for local safety members.

2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.
---- ------- ------------------------------------------.

3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members).

DEPARTMENT AND CITY LIBRARY WHO NORMALLY ARE EMLOYED

ON A LESS THAN HALF-TIME BASIS NOT WITHSTANDING THE FACT

THAT THEY MAY AT TIMES BE EMPLOYED TEMPORARILY ON A

GREATER THAN HALF-TIME BASIS AND WHO ARE EMPLOYED
APRIL 1, 1959 OR THEREAFTER.

5. Removal of the exclusion of "All Hourly Rated Or Hourly Basis Employees", pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership.

6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified).

7. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full and Modified).

8. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only.
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local safety members only.
c. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980.
d.
e.
f.

Section 21222.2 (One-Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980.

Section 20042 (One-Year Final Compensation) for local police members and local miscellaneous members only.

Section 20516 (Employees Sharing Cost of Additional Benefits):

Section 20042 (One-Year Final Compensation)
From and after January 3, 1982 the local police employees of Public Agency shall be assessed an additional 2.250% of their compensation for a total contribution rate of 11.250% pursuant to Government Code Section 20516.
g. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only.
i. Section 20503 (To Remove the Exclusion of All Hourly Rated or Hourly Basis Employees, Prospectively from June 15, 2000).
j. Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit).

9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

10. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

C5:I
c.:)
C5:I
.....
.. ..

11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within frfteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances.

Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.

This amendment shall be effective on the 26th day of __ Ma_,,y ______ _ 2002 •

BOARD OF ADMINISTRATION CITY COUNCIL

PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SANTA CLARA BY-t-..:::;~~_£_r+J..-'4f<~~~~-,ll:=CL-- B-,1-~:::....:=~-J-~~1..a..~~-====- ~ p

AC ER SERVI DIVISION

PUBLI OYEES' RETIREMENT SYSTEM

AMENDMENT
PERS-CON-702A (Rev. 8\96)
Witness Date
Attest:

CS'!
C
IS'I
i-,.i.

A
CalPERS
California
Public Employees' Retirement System
--=-=~"'"""""'-=• ........ """""""-===

AMENDMENT TO CONTRACT
Between the
Board of Administration
CaHifo:rnia Public Employees' Retrrement System
and the
City Council
City of Santa Clara
-----=•-----=
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective September 1, 1943, and witnessed September 1, 1943, and as amended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July 1, 1959, April 1, 1963, July 1, 1964, October 1, 1964, August 1, 1969, January 27, 1974, June 26, 1975, March 19, 1978, January 3, 1982, August 8, 1990, May 23, 1993, January 9, 2000 and June 15, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective June 15, 2000, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive:

2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

DEPARTMENT AND CITY LIBRARY WHO NORMALLY ARE

EMPLOYED ON A LESS THAN HALF-TIME BASIS NOT

WITHSTANDING THE FACT THAT THEY MAY AT TIMES BE

EMPLOYED TEMPORARILY ON A GREATER THAN HALF-TIME
BASIS AND WHO ARE EMPLOYED APRIL 1, 1959 OR
THEREAFTER.

6. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified).

Section 21222.1 (Special 5% lncrease-1970). Legislation repealed said Section effective January 1, 1980.

Section 21222.2 (Special 5% lncrease-1971 ). Legislation repealed said Section effective January 1, 1980.

Section 20042 (One-Year Final Compensation) for local police members and local miscellaneous members only.

Section 20516 (Employees Sharing Cost of Additional Benefits):

Section 20042 (One-Year Final Compensation
From and after January 3, 1982 the local police employees of Public Agency shall be assessed an additional 2.250% of their compensation for a total contribution rate of 11.250% pursuant to Government Code Section 20516.
g. Section 21024 (Military Service Credit as Public Service), Statutes of 1976.
h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only.
i. Section 20503 (To Remove the Exclusion of "All Hourly Rated or Hourly Basis Employees", Prospectively from June 15, 2000).
j. Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit) for local miscellaneous members.

11. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the B~~- JJ
/51}1~
B. This amendment shall be effective on the tf/!flt day of DC;ro SC12- • 2rP-p .

BOARD OF ADMINISTRATION CITY COUNCIL

PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SANTA CLARA

AMENDMENT
PERS-CON-702A (Rev. 8\96)
IJ /4 /4() I
Witness Date
Attest:

Cl
1:.:1
IS)
J-oli,.
.. . ,.

A
CalPERS
California
Public Employees• Retirement System
------=-=--= ♦'""""""'"=-=-=--=

AMENDMENT TO CONTRACT
Between the
Boardl o:f Administration
CaHforn~a Public Employees' Retirement System
and the
City Council
City of Santa Clara
.......,......,..;........,.........,....,; ·♦- -=====
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective September 1, 1943, and witnessed September 1, 1943, and as amended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July 1, 1959, April 1, 1963, July 1, 1964, October 1, 1964, August 1, 1969, January 27, 197 4, June 26, 1975, March 19, 1978, January 3, 1982, August 8, 1990, May 23, 1993 and January 9, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective January 9, 2000, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive:

2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1943 making its employees as hereinafter provided, members. of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency s
c:i cs,
"'""

3. and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).

DEPARTMENT AND CITY LIBRARY WHO NORMALLY ARE

EMPLOYED ON A LESS THAN HALF-TIME BASIS NOT

WITHSTANDING THE FACT THAT THEY MAY AT TIMES BE

EMPLOYED TEMPORARILY ON A GREATER THAN HALF-TIME
BASIS AND WHO ARE EMPLOYED APRIL 1, 1959 OR THEREAFTER.

6. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and c;:urrent service shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to January 1, 1956, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified).

8. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21571 {Basic Level of 1959 Survivor Benefits) for local miscellaneous members only.
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local safety members only.

C.
d.
e.
~l
i~i
Section 21222.1 (Special 5% lncrease-1970). Legislation repealed said Section effective January 1, 1980.

Section 21222.2 (Special 5% lncrease-1971). Legislation repealed said Section effective January 1, 1980.

Section 20042 (One-Year Final Compensation) for local pollce members only.
f. Section 20516 (Public Agency and its employees have agreed to share the cost of the following benefit):

Section 20042 (One-Year Final Compensation)
From and after January 3, 1982 the local police employees of Public Agency shall be assessed an additional 2.250% of their compensation for a total contribution rate of 11.250% pursuant to Government Code Section 20516.
g. Section 21024 (Military Service Credit as Public Service), Statutes of 1976.
h. Section 21573 (Third Level of 1959 Survivor Benefits) for local safety members only.
i. Section 20503 (To Remove the Exclusion of "All Hourly Rated or Hourly Basis Employees", Prospectively from the effective date of this amendment to contract).

10. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
. '
B.

This amendment shall be effective on the 15th day of _.J;;;..;un=e;...._ ___ , 2000 .

BOARD OF ADMINISTRATION CITY COUNCIL

PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY---r-"'+"'"f"""--'"-LL-..;;;..,_+-"""""4-~~....._-1r="--- KE T W. MAR ION, CHIEF
ACTUAR ~L & EMPLOYER SERVICES DIVISION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM

AMENDMENT
PERS-CON-702A (Rev. 8\96)

CITY OF SANTA CLARA
B~~ p SIDI~ OFFICER
Witness Date
Attest:
..

A
CalPERS
California
Public Employees' Retirement System
-----=•""""""""'"""""""""""'""-'"""'

AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Santa Clara
----~+------=
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective September 1, 1943, and witnessed September 1, 1943, and as amended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July 1, 1959, April 1, 1963, July 1, 1964, October 1, 1964, August 1, 1969, January 27, 1974, June 26, 1975, March 19, 1978, January 3, 1982, August 8, 1990 and May 23, 1993 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective May 23, 1993, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otheiwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members.

2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1943 making its employees as . hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).

DEPARTMENT AND CITY LIBRARY WHO NORMALLY ARE

EMPLOYED ON A LESS THAN HALF-TIME BASIS NOT

WITHSTANDING THE FACT THAT THEY MAY AT TIMES BE

EMPLOYED TEMPORARILY ON A GREATER THAN HALF-TIME
BASIS AND WHO ARE EMPLOYED APRIL 1, 1959 OR
THEREAFTER;AND
b. PERSONS NOT OTHERWISE EXCLUDED WHO ARE

COMPENSATED ON AN HOURLY BASIS AND WHO ARE
EMPLOYED APRIL 1, 1963 OR THEREAFTER.

5. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified).

6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full).

7. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only.
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance} for local safety members only.
c. Section 21222.1 (Special 5% lncrease-1970}. Legislation repealed said Section effective January 1, 1980.
d. Section 21222.2 (Special 5% lncrease-1971). Legislation repealed said Section effective January 1, 1980.
e. Section 20042 {One-Year Final Compensation} for local police members only.
f. Section 20516 (Public Agency and its employees have agreed to share the cost of the following benefit):

8. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

9. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members.

B.
b.

A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.

A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees• Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.

This amendment shall be effective on the 9th day of January , 2000 .

BOARD OF ADMINISTRATION CITY COUNCIL

PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SANTA CLARA BY Ji 4,)~A

PR DING FFICER
A UAR L & EMPLOYER SERVIC DIVISION '&1

PUBLIC MPLOYEES' RETIREMENT SYSTEM

AMENDMENT
PERS-CON-702A (Rev. 8\96)
Witness Date
Attest:
t...i
,-..;:,
.....i
"" IS
,I::"
00 I\,.)
r-.:,
CIC
Cl:)
CS)
I-lo
I-lo

AGREEMENT

TO POOL
1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES

BETWEEN THE

BOARD OF ADMINISTRATION

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM

AND THE

CITY COUNCIL

CITY OF SANTA CLARA
WHEREAS, Government Code Section 21574 provides for a single employer rate to be established to provide benefits under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and
WHEREAS, Government Code Section 21574, requires pooling of all assets and liabilities of all contracting agencies subject to said Section; · NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Santa Clara and its covered employees shall be pooled pursuant to the provisions of Government Code Section 21574.

BOARD OF ADMINISTRATION CITY COUNCIL

PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SANTA CLARA BY ' BY~~
KEN_ TH w. MARZI N, CHIEF pFf!iSIDlN OFFICER
ACTUAR L & EMPLOYER SERVICES DIVISION ·v

PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Date
PERS-CON-59 (Rev. 7/96)
•
,J

AMENDMENT TO CONTRACT

BETWEENTIIE

BOARD OF ADMINISTRATION
OF 11IE
•

PUBLIC EMPLOYEES' RETIREMENT SYSTEM

AND THE

CITY COUNCIL
OF THE

CITY OF SANTA CLARA
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective September 1, 1943 and witnessed September 1, 1943, and as amended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July l, 1959, April 1, 1963, July 1, 1964, October 1, 1964, August 1, 1969, January 1.7, 1974, June 26, 1975, March 19, 1978, January 3, 1982 and August 8, 1990, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective August 8, 1990, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members.

2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).
----------------------- .. -

4. • •
In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. CROSSING GUARDS AND EMPWYEES OF THE RECREATION

DEPARTMENT AND CITY LIBRARY WHO NORMALLY ARE
EMPLOYED ON A L~ TIIAN HALF-TIME BASIS NOT

WITHSI'ANDING THE FACT THAT THEY MAY AT TIMES BE

EMPLOYED TEMPORARILY ON A GREATER THAN HALF-TIME
BASIS AND WHO ARE EMPLOYED APRIL 1, 1959 OR THEREAFTER; AND
b. PERSONS NOT OTHERWISE EXCLUDED WHO ARE COMPENSATED
ON AN HOURLY BASIS AND WHO ARE EMPWYED APRIL 1, 1963
OR THEREAFfER.

5. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in accordance with Section 21251.13 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1956, the effective date of Social Security coverage for members whose service has been included in Federal Social Security (2 % at age 60 Full and Modified).

7. Public Agency elected to be subject to the following optional provisions:
a. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local miscellaneous members only. b. Sections 21263/21263.1 (Post-Retirement Survivor Allowance) for local safety members only.
c. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980.
d. Section 21222.2 (Special 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980.
e. Section 20024.2 (One-Year Final Compensation) for local police members only. f.
• •
Section 20500 (Public Agency and its employees have agreed to share the cost of the fo1lowing benefit):

Section 20024.2 (One-Year Final Compensation).

From and after January 3, 1982 the local police employees of Public Agency shall be assessed an additional 2.250% of their compensation - for a total contribution rate of 11.250% pursuant to Government Code Section 20500. g. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. h. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local safety members only.

9. Public Agency shall also contribute to said Retirement System as follows:
a. Public Agency shall contribute $2.50 per employee, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.4 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

This amendment shall be effective on the ;/3,,./ day of __ /17._W .... 'l"---____ _,.19 9.3.

BOARD OF ADMINISTRAnON CITY COUNCIL

OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY~A~ON

PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 10/92)

CITY OF SANTA CLARA
,i- a.£14 ,r:..-(.6 Sr~ Presiding Officer/Mayo~
Witness Date dw
Attest:

APPROVED AS TO FORM:
~I~ g,((),
Cit Attorney
ca:,
ca:,
CS!
....
t .
~GREEMENT .. HORIZING THE RELEASE OF

BENEFITS ASSETS AND LIABILITIES INTO THE

SURVIVOR BENEFIT POOL
.9 SURVIVOR
THIRD LEVEL 1959
This Agreement is made and entered into on this J3nJ day of March, 1993, by and between the CITY OF SANTA CLARA, CALIFORNIA, a chartered municipal corporation (herein "CITY"), and THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (herein.

CITY and BOARD are herein referred to collectively as the 11 Parties. 11
THE PARTIES AGREE AS FOLLOWS:

WHEREAS, CITY has adopted a Resolution of Intention to include in its contract with the BOARD, pursuant to Government Code Sections 214380-21387, including Government Code Section 21382.4, the Third Level of 1959 Survivor Benefits for local safety members only; and
WHEREAS, Government Code Section 21382.4, requires all assets and liabilities of all contracting agencies subject to this section, and their employees who are covered by this section, to be pooled into a single account;
NOW THEREFORE THE PARTIES FURTHER AGREE:

Accumulated and/or future contributions required of the CITY and its covered employees are to be released, pursuant to the provisions of Government Code Section 21382.4, to a single account referred to herein as the Third Level 1959 Survivor Benefits Pool.

CITY OF SANTA CLARA
AEL R. DOWNEY
y Attorney
ATTEST:
~<$~06-i. BOCCIG E
City Clerk

BOARD OF ADMINISTRATION

PUBLIC EMPLOYEES RETIREMENT
SYSTEM
By:~&✓~
I
Chief, Contract Services
Division of the Public
Employees' Retirement
System
11 B0ARD"
[I:\DA TA \WP\AGREEMNT\SURVIVOR.59)
By~ A) -ct)-µ~
EVERETT N. SOUZA
Mayor
Address:
1500 Warburton Avenue
Santa Clara, California 95050
Telephone: (408) 984-3000
"CITY"
. .,
., ·•

AMENDMENT TO CONTRACT
BETWEEN 'l'lIE

BOARD OF ADMINISTRATION
OF TUE
•
PUBLIC EMPLOYEES' RE'l'IREMEN'l' SYSTEM

AND THE

CITY COUNCIL
OF THE

CITY OF SANTA CLARA
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective September 1, 1943, and witnessed September 1, 1943, and as amended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July 1, 1959, April 1, 1963, July 1, 1964, October 1, 1964, August 1, 1969, January 27, 1974, June 26, 1975, March 19, 1978 and January 3, 1982, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effective January 3, 1982, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members.

2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as local miscellaneous members).
cs:,
cs:i c::,
~
.)

4. • •
In addition t'o the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. EMPLOYEES OF THE RECREATION DEPARTMENT AND CITY LIBRARY WHO

NORMALLY ARE EMPLOYED ON A LESS THAN HALF-TIME BASIS NOT

WITHSTANDING THE FACT THAT THEY MAY AT TIMES BE EMPLOYED TF.MPORARILY ON A GREATER THAN HALF-TIME BASIS;
b. CROSSING GUARDS; AND
c. PERSONS NOT O'l'BERWISE EXCLUDED WHO ARE COMPENSATED ON AN HOURLY BASIS AND WHO ARE EMPLOYED APRIL 1. 1963• OR THEREAFTER.

5. The percentage of final compensation to be provided for local miscel laneous members for each year of credited prior and current service shall be determined in accordance with Section 21251.13 of said Retirement Law, subject to the reduction provided therein for service on and after January l, 1956, the effective date of Social Security coverage for members whose service has been included in Federal Social Security (2% at age 60 Full and Modified).

7. Public Agency elected to be subject to the following optional provisions:
a. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits).
b. Sections 21263/21263.1 (Post-Retirement Survivor Allowance) for local safety members only.
c. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980.
d. Section 21222.2 {Special 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980.
e. Section 20024.2 (One-Year Final Compensation) for local police members only.
f. Section 20500 (Public Agency and its employees have agreed to share the cost of the following benefit):

Section 20024.2 (One-Year Final Compensation).

From and after January 3, 1982 the local police employees of Public Agency shall be assessed an additional 2.25% of their compensation - for a total contribution rate of 11.25% pursuant to Government Code Section 20500.
.----------------------- - ----- - --- ---
.. ' •

8. 9.
• •
g. Section ·20930.3 (Military Service Credit as Public Service), Statutes of 1976.

Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

Public Agency shall also contribute to said Retirement System as follows:
a. A reasonable amount, as fixed by the Board, payable in one in stallment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one in stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions ~efer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances.

Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.

B. This amendment shall be effective on the
/i-vft.Js.f , 19_&_.

BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES• RETIREMENT SYSTEM
BY ~4d:r:c)r&~
PUBLIC EMPLOYEES• RETIREMENT SYSTEM

APPROVED AS TO FORM
PERS-CON-702 (AMENDMENT)

CITY COUNCIL
OF THE
Ci)._,

CITY OF SANTA CLARA
day of
~4/:..,G/..£,c"/~
Presiding Officer
Witness Date
Attest:
• •

AMENDMENT TO CONTRACT BETWEEN THE

BOARD OF ADMINISTRATION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM

AND THE

CITY COUNCIL
OF THE

CITY OF SANTA CLARA
The Board of Administration, Public Employees" Retirement System, herein after referred to as Board, and the governing body of above public agency, here inafter referred to as Public Agency, having entered into a contract under date of September 1, 1943, effective September 1, 1943, and as amended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July 1, 1959, April 1, 1963, July 1, 1964, October 1, 1964, August 1, 1969, January 27, 1974, June 26, 1975 and March 19, 1978, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effective March 19, 1978, and hereby replaced by the following paragraphs numbered 1 through 9 inclusive:
1 • All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous and age 50 for local safety members.

2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter ~nacted except such as by express provisions thereof apply only on the election of contracting agencies.

Enployees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).

In addition to the classes of employees excluded from membership by said Retirement Law, the following·· classes o·r employees shall not become members of said Retirement System:·
-
4-
• •

EMPLOYEES OF THE RECREATION DEPARTMENT AND CITY LIBRARY WHO NORMALLY ARE EMPLOYED ON A LESS THAN HALF-TIME BASIS NOT

WITHSTANDING THE FACT THAT THEY MAY AT TIMES BE EMPLOYED

TEMPORARILY ON A GREATER THAN HALF-TIME BASIS

CROSSING GUARDS

PERSONS NOT OTHERWISE EXCLUDED WHO ARE COMPENSATED ON AN HOURLY BASIS AND WHO ARE EMPLOYED APRIL 1, 1963, OR THEREAFTER The fraction of final compensation to be provided for local miscel laneous members for each year of credited prior and current service shall be that provided in Section 21251.13 subject to the reduction provided therein for service on and after January 1, 1956 of members whose service has been included in Federal Social Security.

5. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full).

6. The following additional provisions of the Public Employees' Retire ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees:
a. Sections 21380-21387, (1959 Survivors Program), excluding Section 21382.2 (Increased 1959 Survivors benefits).
b. Sections 21263/21263.1 (Post-retirement survivor allowance), for local police members effective July 1, 1975, and for local fire members effective November 1, 1975-
c. Section 21222.1 (Special 5% increase - 1970).
d. Section 21222.2 (Special 5% increase - 1971).
e. Section 20024.2 (One-year final compensation), for local police members only.
f. Pursuant to Government Code Section 20500, Public Agency and its local police employees have agreed to share the cost of the following benefit:

Section 20024.2 (One-year final compensation).

From and after the effective date of this contract amendment the employees of Public Agency shall be assessed an additional 2.25% of their compensation - for a total contribution rate of 11.25%. .. ,
"
• •
Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall con tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System:
(1) 12.403 percent on account of the liability for current service benefits.
(2) 0.003 percent on account of the liability for the 1959 Survivor Program.
(3) 0.072 percent until June 30, 1985 on account of the liability for the benefits provided under Section 21222.1 of said Retirement Law.
b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System:
(1) 0.166 percent until June 30, 1983 on account of the liability for prior service benefits.
(2) 25.874 percent on account of the liability for current service benefits.
(3) 0.032 percent on account of the liability for the 1959 Survivor Program.
(4) 0.123 percent until June 30, 1985 on account of the liability for the benefits provided under Section 21222.1 of said Retirement Law.
c. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one install ment as the occasions arise, to cover the costs of special valua tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

8. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

9. Contributions required of Public Agency and its employees shall be paid by Public Agency to t.he Reti,rement System within thirty days after the end of the period to which .said contributions refer or as may be prescribed by Board regulation. If more or less than the -...
• •
correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be mde in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash.

B. This amendment shall be attached to said contract and shall be effective on the .3 A,./ day of :7A A,,vAA-f' , 19ti.
'
Witness our hands the _____ 3_-I _____ day of Z>a ee ...,&Lil;

BOARD OF ADMINISTRATION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Approved as to form:

CITY COUNCIL
OF THE

CITY OF SANTA CLARA
Attest:
e,a'rk
PERS CON-702
, 19&-/.

CALIFORNIA
May 24, 1978
:, Public Employees' Retirement System
\ P. 0. Box 1953
yacramento, CA 95809
Attention: 1:-fr. Kisuk Yang, Contracts Division
Gentlemen:

PERSONNEL DEPT.

RECORDS & BENEFITS DIVISION
. 1500 WARBURTON AVE.

SANTA CLARA, CA. 95050 .
14081 9$4-32S3 984-325,
This is to inform you that on May 16, 1978, the City
Council approved changing our funding period to 1985 rather than to the year 2,000 to provide for the one time 5%
increase for pre-1971 retirees.

The new funding period will allow us to utilize retired member data as of 1977, whereas the old rate which extended the funding period to the year 2,000 was based on 1976 data, if we understand your last letter correctly.

Please send us an amended contract showing the approved changes at you~ earliest convenience.

Thank you for your cooperation.

Yours truly,
i~ 0~t/✓
E. Ted Myers, Director
Records Administration/Benefits
ETM:mn
•

AMENDMENT TO CONTRACT BETWEEN THE

BOARD OF ADMINISTRATION

PUBLIC EMPLOYEES' RETIREMENT SYSTEM

AND THE

CITY COUNCIL
OF THE

CI'IY OF SANTA CLARA
The Board of Administration, Public Employees' Retirement System, herein after referred to as "Board", and the governing body of above public agency, herein.after referred to as "Public Agency0 , having entered into a contract under date of September l, 1943, effective September 1, 1943, and as amended effective September, 1, 1947, J1D1e 1, 1950, May 1, 1956, October 1, 1958, April 1, 1959, July 1, 1959, April 1, 1963, July 1, 1964, October 1, 1964, August 1, 1969, January 27, 1974, and June 26, 1975, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 8 are hereby stricken from said contract as executed effective January 27, 1974, and hereby replaced by the following paragraphs number 1 through 9 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein tm.less otherwise specifically provided. "Normal retirement age" shall mean age 60 for miscellaneous members and age 50 for local safety memliers.

2. Public Agency shall participate in the Public Employees 1 Retirement System from and after September 1,· 1943, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express·provisions thereof apply only on the election of contracting agencies.

3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are.excluded by law or this agreement:
a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as miscellaneous members).

In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:

EMPLOYEES OF THE RECREATION DEPAR'n!ENT AND CITY LIBRARY WHO NORMALLY ARE . .

EMPLOYEp ON A LESS THAN HALF-TIME BASIS NOTWITHSTANDING THE FACT THAT THEY MAY AT TIMES BE EMPLOYED TEMPORARILY ON A GREATER THAN HALF-TIME BASIS.

CON. FORM 702-1
......
-) •
CROSSING GUARDS.

PERSONS NOT OTHERWISE EXCLUDED WHO ARE COMPENSATED ON AN HOURLY BASIS AND WHO ARE EMPLOYED APRIL 1, 1963 OR THEREAFTER.

4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member upon retirement at normal retirement age shall be that provided in Section 21251.13 of said Retirement Law with all service prior to Social Security termination January 1, 1956
subject to the reduction. provided by said section.

5. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50).

6. The following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees:
a. Sections 21380-21388 (providing for allowances for survivors of meui>ers covered under the 1959 Survivor's Program upon the me1!ber's death before retirement).
b. Sections 21263 and 21263.l (providing upon the death of a member who retired for service or disability for continuance of 1a post-retirement survivor a1lowance to certain survivors) for loca1 police members effective July 1, 1975, and for local fire members effective November 1, 1975.
c. Section 21222.1 (providing a five-percent increase in allowance to which the annual cost-of-living provisions apply, payable for time commencing on ·the first day of the calendar month coinciding with or next following the effective date of the amendment to add this section to this contract, to or on account of members retired or deceased on or prior to December 31, 1970). d. Section 21222.2 (providing a five-percent increase in allowances to which the annual cost-of-living provisions apply 11 payable for time comnencing on the first day of the calendar month coinciding with or next following the effective date of the amendment to add this section to this contract, to or on account of members retired or deceased on or after January 1, 1971 but before July 1, 1971).

7. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System:
(1) 9.260 percent on account of the liability for current service benefits.
(2) 0.010 percent on account of the liability for the
1959 Survivor Program.

Con. Form 702-2
...
b.
•
(3) 0.025 percent until June 30, 2000 on account of the 1iability for the benefits provided under Section
21222.1 andhr 21222.2 of said Retirement 1aw.

With respect to local safety members, the agency shall
contribute the following percentages of monthly salaries earned as local safety members of said Retirement System:
(1) 0.214 percent until June 30, 1983 on account of the liability for prior service benefits.
(2) 23.422 percent on account of the liability for current service benefits.
(3) 0.017 percent on account of the liability for the
l.959 Survivor Program.
(4) 0.042 percent until June 30, 2000 on account of the liability for the benefits provided under Section
2U22.l and/or 21222.2 of said 'Retirement Law.
c. A reasonable amount per ann~ as fixed by the Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodical investigation and valuations required by law.
d. A re.asonab1e amount as fixed by the Board, payab1e in one insta11ment as the occasions arise, to cover the costs of special va1uations on account of emp1oyees of Pub1ic Agency, and costs of the periodica1 investigation and valuations required by law.

8. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodical investigation and valuation required by said Retirement Law.

9. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board.

Payments by Public _Agency to :Board may be made in the form of warrants. bank checks, bank drafts, certified checks, money orders. or cash.

Con. Form 702-3
•
---------------------- ---------------- -
• •
B. This amendment shall be attached to said contract and shall 91 effective ou the / 9 ~- day of ~ , 19 7 <f: •
Witness our bands this ____ ;;.._,_~------ day of U, ... -? , 19 71"

BOARD OF ADMINISTRATION

PUBLIC EMPLOYEES' BE'IIREMENT SYS'IEM
Approved as to form:

Legal Office, PERS lc.._ 21_77

CITY COUNCIL
OF THE

CITY OF SANTA CLARA
BY.-e,'-J!- ✓ k evP7:r4:~?C~
City Mana~
Attest:
~
A~P-ROVED AS TO FORM
1:fff:tr.· . oJ
Con. Form 702•4
•
-.J
•
AMENDMENT TO OONI'RACT BEl'WEEN THE
BOARD OF .AIMINISTRATION
PUBLIC EMPLOYEES' HEI'IRll-IBNI' SYST»!

AND THE

CITY OOUNCIL
OF THE

CITY OF SANTA CLARA
The Board of Admi nj stration, Public Jlmployees• Retirement System, hereinafter ref erred to as Board and the CITY OOUNCIL of the CITY OF SANrA CLARA, hereinafter re.ferred to as Public Agency having entered into a contract. under date of September 1, 1943, er.rective September 1, 194:3, an:l as amended effective September 1, 1947, Ju1y 1, 19!;0, ~ 1, 1956, October 1, 1958, April l., 1.959, July 1, 1959, April 1., J.963, July 1, 1964, October J.,. 1964,· August 1, 1969, and January 27, 1974, an1 as provided by Chapters 170 an:l 316, statutes of 1971, which provide for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:
·'
A. Sub-paragraph d. shall be added to Paragraph .5 of said Contract:

5. d. Sections 21263 and 21263.1 (effective July 1, 1975 for local policemen and November 1, 1975 for local firemen
providing for the continuation of a post-retirement
survivor allowance to certain survivors of a member
who retired for service or disability).

B. Sub-paragraphs (a) and (b) shall be stricken from para.graph 6 of :said contract and the followi.Dg sub-paragraphs substituted therefor:

6. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the public agency shall contribute the following percentages of monthly
salaries earned as miscellaneous members or said System:
(1) 7 .18 percent on account. of the liability for current service benefits, said percentage being fixed by
Section '2CJ7 50 of the Retirement Law.
(2) 0.01 percent on account of the liability for the
1959 Survivor program.
b. With respect to local safety members, the public agency shall contribute the following percent.ages of monthly
salaries earned as local safety members of said System:
{1) 0.217 percent until June 30, 1983 on account of the liability for prior service benei"its.
(2) 21.443 percent on account. of the liability for
current_ servi~e benefits.

Ret. Form 702-1
w
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"' c.;:i
,I::"'
00 "" N
QO
~
cs:,
w
~
J , r
•
(3} 0.074 percent on account or the liability £or the
1959 Survivor program.
c. This amen:iment shall be att~ed to said contra~l become effective on the 2 ~ "'\ day of ~ J f , r-' •
Witness our han:ls this ;If i:c- day or h4'::J: 11 :>J-_

OOARD OF ADMINISTRATION

FUBLIC EMPLOYEES' RETIREMENT SYSTEM
Approved as to Form:

CITY OOUNCIL
OF THE
::&;:[k
Attest:~~
i:iterk
Ret. Form 702-2
-- ·• •
.AME!NDMENT TO CONTRACT BETWEEN THE
BOABD OF .A.DmJlIS~TION
POBLIC EMPLOYEES' RETIREMENT SYS!fEM

AND THE

CITY COUNCIL
O! THE
CITY 011' SANTA OLA.RA.
!?he Board of Administration., Public Employees' B.et:f.rement System, hereinafter referred to e.s Board and the Cifi COUNCIL of' the CITY OF SANTA CLARA., hereinafter referred to as Public Agency having entered into a contract under date of September 1, 1943, effective September l, 1943, and as amended effective September 1, 1947, July l, 1950, May l., 1956, October l, 1958, April l, 1959, Ju:L;r l, 1959, April l,

1.963, July 1., 1964, October 1, 1964, and August 1., 1.969, end as provided by Chapters 170 and 316, Statutes of' 1971, which provide for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effective September l, 1943, and are hereby replaced by the following paragraphs numbered l through 8 inclusive:

1.., ..lll words and terms used herein which are defined in the Public Employees' Retirement Law ahall. have the meaning as de:fin.ed therein unless otherwise specifically provided. "llormal retirement age" shal.l mean age 60 for miscellaneous members, age 55 f'or local pol.icemen until December 29, 1974, age 50 thereafter, and age 50 .for local firemen effective January 27, 1974.

2. Public Agency sbal.l participate in the Public Employees' Retirement System from and after September 1., 1943, making its employees as hereinafter provided, members of' said System subject to all provi sions of the Public Employees• Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by- express pronsions thereof apply- only on tb.e election of contracting agencies.

3. Employees of Public Agency in the following classes and groups shal.l become members of said Retirement System except such in each such class and group as are excluded by law or this agreement:
a. Local firemen (herein referred to as local safety .members); b. Local policemen (herein .referred to as local safety members); c. Employees other than local safety members (herein referred to as m:1.scell.aneous members).

Ret. Form 702-1
• ·• • In addition to the emp1oyees excl.uded from membership by said Retire ment Law, the :fol.1.owing emp1oyees shal.1 not become members of the Retirement System:

EMPLOYEES OP !fHE RECREA.TIOlf DEPARTMENT AND CITY LIBRARY WHO NORMALLY ABE EMPLOYED ON A LESS THAN HALF TIME Bt\SIS NOTWITHSTA.liDING THE FACT THAT THEY MAY A!r TI.M©S l3E EMPLOYED TEMPORARILY Oli A GREATER mAN 'HALF-TIME BA.SIS.

CROSSING GUARDS
\
PERSONS NOT OTHERWisE EXCLUDED WHO ABE COMPENSATED ON AN HOUBLY :BA.SIS AND WHO ABE EMPLOYED AP.BIL l, 1963 OR THE:R.EA.HER.

4. The fraction of final. compensation to be provided for each year of' credited prior and current service as a mi.acel.1an.eous member shall be that provided in Section 21.251.13 subject to the reduction pro vided therein :for service on or a:fter January 1, 1956 of members whose service bas been included in the federal. system.

5. The following provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees:

6. .
a. The fraction of final. compensation to be provided for each year of credited prior and current service as a local policeman shall be determined in accordance with Section 21252.l of said Retirement Law until December 29, l.974 and in accordance with Section 23.252.0l thereafter and for local firemen the fraction of final compensation ~ shall be dete:rmined in accordance with Section 21252.0l. b. Section 20952. 5 (providing for age 50 as the mini mitm vohmte.ry retirement age with benefit p~ents commencing prior to age 55 subject to actuarial discount for local policemen).
c. Sec"ti.on 21380-7 (providillg for allowances for survivors covered under the program. upon death before retirement).

Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the public agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said System:
(1) 7.18 percent on account of the liability for current service benefits, said percentage being fixed by Section 20750 of the Retirement Law.
(2) 0.01 percent on account of the liability for the 1959 Survivor program.

Ret. Form. 702-2
..
...... lj. .i.
.
• ·• • b. With respect to local. safety members, the public agency shall. contribute the fol.1owing percentages of montbl.y sal.aries earned as l.ocal safety members of said System:
(l) 0.039 percent until June :;o, 1983 on accomit of' the liability for prior service benefits.
(2) l 7 .094 percent on account of the liability for current service benefits.
{:;) 0.140 percent on accoUJ1t of the liability for the 1959 Survivor .. ,,1 program. . . t/?
c. A. reasonable amount per annum, as fixed by Board to cover the'° costs of aami n1 ~teri.Dg sa1.d System as it affects the empl.oyees of Public Agency, not including the costs of special. valuations or of' the periodical investigation and valuation required by l.aw. d. A reasonable amount as :fixed by the Board, payable in one install ment as the occasions arise, to cover costs of' special valuations on account o:f employees o:f Pu.blic Agency, and costs of the period ical investigation and valuation required by law.

7. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees• Retirement La.w, and on account of experience under the Retirement System, as determined by the periodical. investigation and val.uation required by said Retirement Law.
a. Contributi.ons required of Public Agency and its employees shall. be paid by Public Agency to the Retirement System within thirty days after the end of the period io which said contributions refer. If more or less than the correct amount of contribution is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions reguired of any employee may be made by direct cash payments between the employee and Board. Payments by Public Agency to :Board may be made in the form of warrants, bank checks, bank: drafts, certified checks, money orders, or cash.
:e. !rhis amendment shall be attached to said contract and shall become effective on the 2.. 7 ~ day of J-~..... -;z- I' '7? 1/: • Witness our hands this _____ .z_-_7_v\. ___ day of k:~ /.:;? -3 BOABD OF ADMINISi'RATION
PO:BLIC EMPLOYEES1 BE,,IREM'Ji!N''P SYSTEM
,,

CITY COUWCIL OF THE

CITY OF SANTA CLARA
BY~ illk::: Presi:rJ Officer
Attest: ~
/Clerk
Bet. Form. 702-3
•
~
:·;
1 ~
I~
~
• STATE OF CALIFORNIA-BOARD OF ADMINISTRATION RONALD REAGAN, GDYflrnor Pl&fC EMPLOYEES' RETIREMENT SYSTEM
U~NTH STREET, P.O. BOX 1953
SACRAMENTO, CALIFORNIA 95809
-
AGENCY NAl-IB:Santa Clara, City of
AGENCY NUMBER: ·30
DATE:June 1, 1972
Repl) to Section 23
SUBJECT: INCREASE . IN EMPLOYER CONTRIBUTION RATE FOR MISCELLANEOUS MEMBERS COVERED UNDER THE 1959 SURVIVOR PROGRAM
AB 207, Chapter 1617, Statutes of 1971, increased the survivor allowances under Section 21382 payable for time commencing April 1, 1972 as follows:

1. One eligible survivor

2. Two eligible survivors

3. Three or more eligible survivors
from $90 to $18o
from $18o to $360
tram $250 to $430
Your agency's contributions to the Retirement Fund for miscellaneous members _under this provision will be increased effective July 1, 1972. This is an estimated rate which will be effective until July 1, 1973.

EMPLOYER CONTRIBUTION RATE FOR MISCELIANEOUS MEMBERS -- EFFECTIVE JULY l, 1972 Prior Service
1959 Survivors
Current Service
Total
.01%

7.15%

7.16%
The employees' contribution for the 1959 Survivor program will continue at $2.00 per month.

Please let us know if you have any questions.
~f.v,,r

CHIEF ACTUARY
300
- PUBLiC EMPLOYEES RETI.ENT SYSTEM QUADRENNIAL •
ACTUARIAL VALUATION FOR SAFETY ~EMBERS OF
. . -
~SANTA CLARA Ct TY OF' ER, 30
AS OF 7/1/1971
. . .
' .. PERCENT OF PAYROLL

CURRENT SERVICE
NOR"'AL COST s
.. UNFUNDED LIAB• S

PRIOR SERVICE
·-
UNPUNOED LIAB, $

DEATH BENEFITS
NORMAL COST s
UNFUNDED LIAB, $
SURV-IVOR ·B-EN o
NORtJAL COST
UNFUNDED LIAB, $
184128
1234621
..
. 2433
\3416
·2i93
48719
'TOTAL
"TOTAL
·roTAL
·toTAL
'TOTAL EtAPLOVER RATE 'EFFECTIVE 7/ i'/1971.

PRESENT EMPLOYER RATE
~UAL. PAVR·0LL AS OP VALUATION S
MEMBERSHiP OATA AS OF VALUATION
ACTIVE .

IN;CTIVE

RETIRED
193 ANNUAL COST
tO
16 7,2961
1,8271
.039~
,oosi
,087~
,072»
-,lOli
. .
"2523805
$ 237793
~• IP • •
ADJUSTED ~GENCY CONTRIDUTION RAtE~ HAVE BEEN ESTABLISHED NOTE TO AMORTISE PS UNFUNDED LIABILITIES BY JULY lt i983.
•
w
"' STATE OF CALIFORNIA-BOARD OF ADMINISTRATION RONALD REAGAN, Governor -.J ..Jli:LIC EMPLOYEES' RETIREMENT SYSTEM
~~~INTH STREET, P.O. BOX 1953
~ACRAMENTO, CALIFORNIA 95B09
'1eaJfl DirKf You, Reply fa SKfio, ______ _
Refar to Memher A.rcollftt N11mh••-------
AGl!lllCY NAME ~~ ~
AGENCY NUMBER 30
! DATE: JUNE .977330000000ex OS, 1971
In the event that Senate Bill 249 (Grunsky) passes, the .employer .contribution rate for the current service liabilities for miscellaneous members will be

7.15% of rnember payroll effective .July 1,· 1971. ~
Prior service contribution rate will be in addition to the current service Tate quoted above. Your a~ency will have a choice of funding its prior service liabilities to 1980, 1990, 2000 or any other year which does not exceed 2000. ' The presEnt values of prior service liabilities are as follows:
c. ACTIVE : $ 3489
-
RETIRED: 98612
TOTAL: 102101
EMPLOYER ASSETS: (-) ·97733
UNFUNDED LIABILITY: $ 4368
1980
PRIOR SERVICE RATE .01%
TOTAL EMPLOYER RATE 7.16%

PRIOR SERVICE FUNDED TO
!22.Q.. 2000
.01%

7.16%
- .00%
0 Other: 19
Please indicate the funding period you desire by circlin~ the year and return one completed copy of this form to PERS.

Authorized -------
Title ---------
Date
--------- ~-" ~'-1/' KISUK Yw- - ()

ACTUARY
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"

AMENDMENT TO CONTRACT BETWEEN THE

BOARD OF ADMINISTRATION

PUBLIC EMPLOYEES' REI'IREMENT SYSTEM

AND THE
CITY coUNCn.

OF THE
cm OF SAmA CLARA
The Board of Administration,, Public Employees 1 Retirement System, hereina.i'ter referred to as Board, and the CITY COUNCU. of the CITY OF SANTA CLARA, hereina.i'ter referred to as Public Agency, having entered into a contract under date of September l, 1943, effective September l, 1.943, and as amended effective September l, 1947, July l, 1950, Me.y 1, 1956, October l, 1958, Aprill, 1959, July 1, 1959, April l, 1963, July l, 1964., and October l., 1.964, which provides :for the participa tion of Public Agency in said System, Boa.rd and Public Agency hereby agree as fol lows:

A. The following subparagraphs shall be added to said contract:
5(c)(14)
and
6(h)(9)
Section 21251.75 of the Government Code (providing for increases in al1owances payable for time connnencing on the first day of the calendar month coinciding with or next following the effec tive date of this amendment to persons retired prior to January J., 1.967).

B. Para.graphs 7 (a) and 7 {b) shaJ.1 be stricken from said contract and the following para.graphs substituted therefor:
7 (a)
7 (b)
With respect to miscellaneous members, the public agency shall. contribute the following percentages of monthly salaries earned as miscellaneous members of said System:
(l) 0.215 percent until 8-31.-83 on account of the liability for prior service benefits.
(2) 5.859 percent on account of the liability for current service benefits.

With respect to local safety members., the public agency sba.11 contribute the following percentages of monthly salaries earned as local safety members of said System:
(1) 0.219 percent until August 31, 1983 on account of the liability for prior service benefits.
(2) 10.377 percent on account of the liability for current service benefits.

Ret. Form 702-1
- y:fl
• - -..:

C. This amendment shall be attached to said contract and shall become effective on the / M·- day of #~ /'7C 9 •

BOARD OF ADMINISTRATION

PUBLIC EMPLOYEES I RETIREMENT SYSTEM

CITY COUNCIL
OF THE

CITY OF SANTA CLARA
Attest:

Ret. Form 702-2
STATE OF CALIFORN1A-BOAR0 OF ADMINISTRATION
-
!:i.J ATE EMPLOYEES' RETIREMENT SYSTEM
N1NTH STREET, P.O. BOX 1953
AMENTO, CAllFORNIA 95809
City of Santa Clara #0030
As a result of the quadrennial valuation conducted
the contributions for toe above agency are changed Misc.

D0c.th t,en.cfit ...... • • • • • 0.262%
-
1$9 Survivor benefits • . . •
~ 0.009
Other current service. . . • • 5.558
Current service total 5.829%
For prior service ~ . .. • • 0.215
Total 6.044%'.
•
• w
RONALD REAGAN, Governor ""
PlooS& Oired Your Reply lo Section ______ _
Refer to Member A«o11nl Number ______ _
as of June 30, 1966,
as follows:

Safety

0.088%

0.053

10.087

10.228%

0.219 -

10.447%
.....,
r-.:i
c:i .;:-
0::,
"" "" 00
= =,I::-
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...
•
•
--~-- . - ------ ------------------------------------
.. ,
•

AMENDMENT TO CONTRACT BETWEEN THE

BOARD OF ADMINISTRATION

STATE EMPLOYEES' RETIREMENT SYSTEM

AND THE

CITY COUNCIL
OF THE

CITY OF SANTA CLARA
•
The Board of Administration, State Employees• Retirement System, hereinafter referred to as Board, and the CITY COUNCIL of the CITY OF SANTA CLARA, herein after referred to as Public Agency, having entered into a contract under date of September 11 1943 effective September l, 1943, and as amended effective September 1, 1947, July 11 19501 May 11 1956, October l, 1958, Aprill, 19591 July l, 1959, April 11 1963, and July 1, 1964, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. The following subparagraphs shall be added to Paragraphs·5 and 6 of said Contract:
5(c}(l3) Section 21251.6 of the Government Code (providing for increases and in allowances payable for time commencing on the effective date 6(h)(8) of this amendment to persons retired prior to January 1, 1962} B. Paragraph 7 shall be amended to read as follows:
c.
7 (a)
7 (b)

0.992 percent of total salaries paid month~ to members until August 31, 1983 on account of the liability for prior service benerits.

5.294 percent of total salaries paid by Public Agency each month to its employees who are and hereafter become members of said Retirement System, provided that only salary earned as members of said System shall be included in said total salaries.

This amendment shall be attached to said Contract and shall become effective on the ~ day of ~ 1964 • •
Witness our hands this ______ / .... / ___ 'z;;< _____ day of ~ 1964.

BOARD OF ADMINISTRATION CITY COUNCIL OF THE
ST.A TE EMPLOYEES' RETIRm•fENT SYSTEM CITY OF SANTA CLARA BY ✓~f~ Presiding-Officer .

Attest:
~ clerk
Ret. Fom 702
• • •

AMENDMENT TO CONTRACT BETWEEN TEE

BOARD OF AOONISTRATION
STATE EMPLOIEFS1 RETIREMENT SYSTEM

AND THE
CITY COUNClL
OF THE

CITY OF SANTA CLARA
The Board of Administration, State Employees' Retirement System, hereinafter referred to as Board, and the City Council of the City of Santa Clara, hereinafter referred to as Public Agency, having entered into a contract under date of September 1, 1943, effective September 1, 1943, and as amended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, April 11 1959, July 1, 1959 and April 11 1963 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. The following paragraphs shall be added to said contract:
5(c)(ll) and 6(h)(7). Section 21365.5 (providing a monthly allowance in lieu of the basic death benefit for certain survivors of a member who dies in employment after qualifying for voluntary service retirement). ·,
5(c)(l2) Article 6, Chapter 9, Section 21380-7 (providing for allowances for survivors of members upon death before retirement).

B. Paragraph 7(a} shall be amended to read 0.956% of total member salaries paid monthly to members until August 31, 1983. c. Paragraph 7{b) shall be amended to read 5.248% of total member salaries.

D. Sub-paragraph (e) shall be added to Paragraph 7 of said contract to read as follows: 15.00 per month for each employee covered under the provisions of Section 21380-7 (SERS Survivor program).

E. This amendment shall be attached to said cont shall become effective on the /,,£: day of -J::.!:!:::::.:;z_~/:::...92:!C.::.-1~~-• Witness our hands this ____ ~ __ -y-_°7< ___ day- of /zC/"f

BOARD OF ADMINISTRATION

STATE EMPLOYEE'S' RETIREMENT SYSTEM CITY COUNCIL
OF THE

CITY OF SANTA CLARA
~~~-
Presiding Officer
Attest:
i cs:, .....

Form 702 ~-&-e.:-#f Clerk 7
•
-
• •
July 1963
Santa Clara, City of
As a result of the quadrennial valuation as ot June 30, 1962, the contributions beginning July 1~ 1963 are changed to the following:

For Current Service:
• • • • • 0.194 %
%
Ordinary death benefits
,;9 survivor benefits
other current service • • • • •
••••• s.002 :i s.196
For Prior Service • • • • • 0.950 %
Total. • • • • • 6.146
Ret. Form 861
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00 "' """' GO
= = ,I:" ,.,
= cs:, cs.,
....
%
• < •
• •
~T TO CONTRACT BETWEEN THE

BOARD OF ADMINISTRATION
STATE EMPLOYEF.S' RETIREMENT sYSTEM
-AND THE

CITY COUNCIL
-OF THE

CITY OF SANTA CLARA
The Board of Administration, State Employees' Retirement System, hereina.i'ter referred to as Board, and the CITY COUNCIL of the CITY OF SANTA CLARA, hereinafter referred to as Public Agency, having entered into a contract under date of September 1, 1943, effective September 1, 1943, and as amended effective September l, 1947, July 1, 1950, May 1, 1956, October 1, 1958, Aprill, 1959, and July 1, 1959, which provides for participation~£ Public Agency-in said System, Board and Public Agency hereby agree as follows:

A. The words "Exclude persons not otherwise excluded who are compensated on an hourly basis and who are employed April 1, 1963 or thereafter" shall be added to the exclusion now appearing in Paragraph 3 of the contract.

The exclusions shall now read as follows:

Exclude employees of the Recreation Department and City Library who nonnally are employed on a iess than half tillle basis notwithstanding the fact that they may at tillles be employed temporarily on a greater than half-time basis.

Exclude Crossing Guards.

Exclude persons not otherwise excluded who are compensated on an hourly basis and who are employed April 1, 1963 or thereafter.

B. This amendment shall be attached to said contract and shall become effective on the First day of April, 1963 •
Witness our hand this ... ,~ day of .~/-# C: _;;, •

BOARD OF ADMINISTRATION

STATE EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL
OF THE
CITY OF SANrA CLARA
BY~~£~ residing Ofuer
....

Ret. Fom. 702
• • STATE OF CALIFORNIA
BOARD OF ADMINISTRATION •
jtate ~mphtgees1 ~etiremmt jgshm
122.7 0 STREET
SACRAMENTO 14
PS.u•• Elnt•CT YOUII RIEPLY TO ■ IICTI0.,__ ___ 2_3_
Jnne 16, 1961 R•nR TO MIIM ■ EII ACCOUNT NUN ■!!..__ ______ . I Ci\J' of Santa Olin.

Your agency's rate effective July 1, 1961-is as follows:

Prior Service
Current Service
TOTAL
This change is being made because of action taken by the Board of Administration, State Employees' Retirement System, at its meeting of June 9, 1961., and is the result of
previous Board action increasing the System's declared
rate of interest from 3¼% to 3l%- This is a reflection of increased investment income.

This notice is to be attached to your Contract with this System. 1500
C!i)
lo-"
•
.AMEI\1DMENT TO CONTRACT BETHEEN TBE
BO.ARD OF .ADMINISTRATION
•

STATE EMPLOYEES' RETIREMENT SYSTEM

AND TEE

CITY COUNCIL
OF THE
CITY OF SA..l"'rrA. CLARA
- The Board of' Administration, State Employees' Retirement System, hereinaf'ter referred to as Board, and the CITY COUNCIL of' the CITY OF SANTA Clara, hereina:fter referred to as Public Agency, having entered into a contract under date of September 1, 1943, effective September 1, 1943, and as amended effective September l, 1947, July l, 1950, and May 1, 1956, October l, 1958, and. April 1, 1959, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, ,!_5, 16, and l;J are hereby stricken from said contract as executea. September 1, 1943, and ·as am.ended effective September 1, 1947, July 1, 1950, May 1, 1956, October 1, 1958, and April 1, 1959, and are hereby replaced by the follow:i.ng paragraphs numbered 3 through 9 inclusive:

3. Employees of' Publ.ic Agency in the following classes and groups shall become members of said Retirement System except such in each such class and group as are excluded by law or this agreement:
a. Local Firemen (herein ref'erred to as local safety members)j b. Local Policemen (herein referred to as local safety members); c. F.mployees ( other than local safety members) whose positions are not subject to Federal Social Security coverage (herein referred to as miscellaneous Group A members);
d. Employees (other than local safety members) wbose positions are subject to Federal Social Security coverage (herein referred to as Group B members).

In addition to the employees excluded from membership by said Retirement Law, the following employees shall not become members of the Retirement System:

Exclude employees of the Recreation Department 8Jld City Library who normally are employed on a less than haJ..f time basis notwithstanding the fact that they may at times be employed temporarily on a greater than half-time basis.

Exclude Crossing Guards.

Form 990-l
• •

4. All words and terms used herein which are defined in the State Employees 1 Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. 11Normal retire ment age 11 shall mean age 60 for miscellaneous members in Group A, age 60 for miscellaneous members in Group Band age 55 for local safety members. 11 0ASDI" shall mean Old-Age, Survivors and Disability Insurance provisions of the Social Security Act.

The following provisions sha1J. apply to local safety and Miscellaneous Group A members only:
a. 1/60 shall be the f'raction of' f'inal compensation tobe provided f'or each year of' credited current service as a miscellaneous Group A member upon retirement at normal retirement age.
b. Benefits on account of each year of prior service shall be 100 per cent of the fraction of final compensation provided under the Law and this contract for each yea:r of current service upon retirement for service.
c. The following provisions of the State Employees' Retirement Law which apply only upon election of a contracting agency shall apply:
(1) Section 2l251.l (providing f'or a guaranteed percentage of i'inal compensation for each year of' current service as a miscellaneous Group A member).
{2) Section 21252.4 (providing for a guaranteed percentage of finaJ.. compensation for each year of current service as a locaJ.. saf'ety member).
1 (3) Section 20024.01 {def'ining 11f'inal conroensation 11 on the basis of a period of' three consecutiv~ years).
( 4) Section 21258(b) (providing a minimum retirement allowance of' $720.00 per yea:r subject to certain conditions).

J ( 5) Section 2l367. 5l (providing a $400. 00 death benefit upon death af'ter retirement).
1 ( 6) Section 20025 (providing f'or inclusion of compensation without limit in computations of benefits).
/(7) Section 20804.5 (providing for an election by members to ·contribute and receive current service credit for the
service rendered prior to membership).

Form 990-2

6. /
• •
(8) Section 20952.5 (providing for age 50 as the minimum volnnta.ry retirement age for local firemen and local. policemen.
(9) Section 21251.3 (providing for the recalculation of allowances to retired persons for time commencing on July 1, 1950, in accorda11ce with this contract as amended on July 1, 1950, provided that no allowances are to be decreased by such reca1culation. "Final compensation" for such recaJ..culation shall be determined in accordance with Section 20024 instead of Section 20024.01).
(10) Section 21251. 5 (providing for increases in a.U.owances payable for time commencing on July 1, 1958, to persons retired on and prior to July 1, 1956 ).

The folloWing provisions shall apply to miscellaneous Group B members only:
a. 1/60 shaJ.l be the fraction of final compensation to be provided upon retirement at norm.al retirement age for each credited yee:r of current service subject to the modification set forth in subparagraph c. below.
b. Benefits on account of each year of prior service shall be 100 per cent of the fraction of final. compensation provided under the Law and this contract for current service benefits earned by service at the date of membersltl.p.
c. The fraction of fina1 compensation specified in subparagraph a. above shall be reduced as to service in arry period after January 1, 1956, which was a1so covered under OASDI to 1/90 for application to that part of final compensation which does not exceed the monthly equivalent of the maximum annua1 amount in cluded. in 11wages11 under Section 209, SociaJ. Security Act during such period, it being recogzuzed_that such maximum may be changed f'rom time to time by amendments to said Social Security Act and intended that any such change shall. not ·aff'ect the amount of' the retirement a.U.owance based on service during any period prior to the date of' such change.
d. Any member who, upon retirement :for service be:fore age 65, is fully insured under FederaJ. Old-Age, Survivors and Disability Insurance may elect to receive the actuarial equivalent of his unmodified service retirement al.lowance in the f'orm of an in creased monthly income until he reaches age 65., and a reduced income thereafter in accordance with Government Code, Section 21703.

Form 990-3
✓
• •
e. The retirement benefits payable upon retirement for ordinary disability shall not be a.f'fected by paragraph 6.c, of this contract as amended and for the purposes of the limit on any such allowance imposed under Section 21297, Government Code, allowances for retirement for service shall be computed according to the formula set out in paragraph 6. a. of the contract as amended both as to service before and after the effectivity of membership in the Group B classification. All other provisions of this amendment shall be fully applicable to the computation of allowances upon retirement for disability.
f. Contributions to be made by miscellaneous Group B member with respect to service rendered af'ter January l, 1959, shall be at two-thirds the rate nrovided in said Retirement Law for the 111/60 11 formula as that rate applies to the monthly equivalent of that part of the annual compensation which is subject to contributions under Section 218 of the Social Security Act at the time such compensation is paid and at 100 ner cent of such rate as it applies to the remainder of compens~tion. (Contribu tions of miscellaneous Group B members accumulated as of said date shall be applied to retroactive payment of contributions for OASDI coverage as provided in Section 21706, Government Code). g. The effectivity of membership in the Group B classification for pUl']?oses of this paragraph shall be January l, 1956, or later entry into employment as a miscellaneous member.
h. The following provisions of the State Employees' Retirement Law which apply only upon election of a contracting agency shall apply:
(1) Section 21251.1 (providing for a guaranteed percentage of' final compensation for each year of' current service as a miscellaneous member).
(2) Section 20024.0l (defining 11final compensation 11 on the basis of a period of three consecutive years).
(3) Section 21258 (b) (providing a minimum retirement allowance of' $720.00 per year).
(4} Section 21367.51 (providing a $400.00 death benef'it upon death after retirement).
(5) Section 20025 (providing for inclusion of' compensation without limit in computations of benefits).
( 6) Section 2o8o4. 5 (providing for an election by members to contribute and receive current service credit f'or the
service rendered prior to membership).
) Form 990-4
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7. Public Agency shaJ.l contribute to said Retirement System as follows:
a. 3 .103 per cent of total salaries each month beginning July 1 next following the effective date of this amendment for 40 years, less the years elapsed between the effective date of the contract and the effective date of this amendment, on account of the liability for prior service.
b •. 5.915 per cent of total salaries paid by Public Agency each month to its employees who are and herea.f'ter become members of said Retirement System, provided that only salary earned as members of' said System shall. be included in said total salaries. c. A reasonable amount per annum, as fi.xed by Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodical investigation and valuation required by law, provided that said amount shall be determined on the basis of the number of employees of Public Agency who are members on July 1 of the respective fiscal years, or with respect to the first year of participation, on the effective date of said participation. d. A reasonable amount as fixed by the Board, peyable in one install ment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the periodical investigation and vaJ.uation required by law.

8. Contributions required of Public .Agency and its employees shaJ.l be subject to adjustment by Board on account of amendments to the State Employees' Retirement Law, and on account of experience under the Retirement System, as _determined by the periodicaJ. investigation and vaJ.uation required by said Retirement Law.

9. Contributions required of Public Agency and its employees shall. be paid by Public .Agency to the Retirement System within thirty dey-s after the end of the period to which said contributions refer.· If more or less than the correct amount of contribution is paid for any period, proper adjustment shall be made in connection with sub sequent remittances, or adjustments on account of errors in contri butions required o:r any employee may be made by direct cash payments between the employee and Board. Payments by Public .Agency to :Board mazy- be made in the :f'orm of warrants, bank checks, bank dra:f"ts, certified checks, money orders, or cash.

B. This amendment shall be attached to said contract and shal.l become effective on the fir~t ~,., day of July 1959 •
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Form 990-5
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Witness our hands this ____ 9.._t=h=------- day of ___ A'l-'p .... l'.! .... :t .... J _____ • 1959

BOARD OF ADMINISTRATION

STATE EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCTI. of' the

CITY OF SANTA CLARA
Attest:
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Form 990-6
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• • AMENDNENT TO CONTRACT BETWEEN THE

BOARD OF ADMINISTRATION
STATE EMPLCffEES1 RETIREMENT SYSTEM

AND THE

CITY COUNCIL
OF THE

CITY OF SANTA CLARA
The Board of Administration, State Employeest Retirement System, hereinafter referred to as Board, and the CITY COUNCIL of the CITY OF SANTA CLARA, hereinafter referred to as Public Agency, having entered into a contract under date of September l, l943, effective September l, l943, and as amended effective September l, 1947, July 1, 1950, May 1, 1956, and October 1, 1958, which provides for participa tion of Public Agency in said System, Board and Public Agency hereby agree as foll•ws:

A. Paragraph 3 is hereby stricken from said contract and is hereby replaced by the follovtlng paragraph numbered 3.

3. Employees of Public Agency in the follo~dng classes and groups shall become members of said Retirement System except such in each such class and group as are excluded by law or this agreement:
a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local sai'ety members); c. Employees other than local firemen and local policemen (herein referred to as miscellaneous members).

In addition to the employees excluded from membership by said Retirement Law, the following emplJyees shall not become members of the Retirement System:

Ex:clude employees of the Recreation Department and City LibrariJ who normally are employed on a less than half time basis not withstanding the fact that they may at
times·· be employed temporarily on a greater than half time basis.
:Exclude Crossing Guards.

B. This amendment shall be attached to said contract a....~d shall be effective as of April 1, 1959.

Witness our hands this / J 'C(-- day of '?,,:?~ /?•Jr
BOARD OF ADMINISTRATION CITi
STATE EMPLOYEES r RETIREMENT SYSTEH
Clerk
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AME11DMENT TO CONTRACT BE'.l:WEEN THE

BOARD OF ADMINISTRATION
STATE EMPLOYEES t RETIREMENT SYSTEM

AND THE

CITY COUNCIL
OF THE

CITY OF SANTA CLARA
The Board of Administration, State Emp1oyees' Retirement System, hereinafter referred to as Board, and the CITY COUNCIL of the CITY OF SANTA CLARA, hereinafter referred to as Public Agency, having entered into a contract under date of September 1, 1943, effective September 1, 1943, and a~ amended effective Septem.ber l; 1947, July 1, 1950, and May 1., 1956, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. 'Wherever in said agreement the word 11 City 11 appears, the term. 11 Public Agency" is hereby substituted.

B.
c.

The following phrase is added to the sentence which constitutes Paragraph Number l of said agreement:
"except such as apply only on election of a contracting agency and are not provided :for herein and to all amendments to said Law hereafter enacted except such as by express provision thereof apply only on the election of contracting agencies. 11 Paragraphs 4, 5, 6, 7, 8, 9, 10, ll, 12, 13, J.4, 15'., 16., and 17 are hereby stricken :from said contract as executed September 1, 1943, and as amended effective September 1, 1947, July 11 1950, and May 1, 1956, and ~re hereby replaced by the following paragraphs numbered 4 through 10 inclusive:

4. All words and terms used herein which are defined in the State Employees1 Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. t1Nonnal retire ment age11 shall mean age 60 :for miscellaneous members and age 55 for local firemen and locaJ. policemen.

5. 1/60 shall be the :fraction of final compensation to be provided for each year of credited cUITent service as a miscellaneous member upon retirement at normal retirement age.

6. Benefits on account of each year of prior service shall be 100 percent of the fraction of final compensation provided under the Law and this contract for each year of current service upon retirement for service.

Ret. Form 702-l
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The :following provisions of the State Employees t Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees:
a. Section 21251.1 (providing for a guaranteed percentage of final compensation for each year of current service as a miscellaneous . I member). --b. Section 21252.4 (providing for a guaranteed percentage of final compensati.. on for each year of current service as a local safety man.her).
c. Section 20024.01 (defining nrinal compensation" on the basis of a period of three consecutive years).
d. Section 21258(b) (providing a minimum retirement. allowance of $720.00 per year subject to certain conditions).
.e. Section 21365.51 (providing a $400.00 death benefit upon death after retirement).
f. Section 20025 (providing for inclusion of compensation without limit in computations of benefits).
g. Section 20804.5 (providing for an election by members to contri.b- ute and receive current service credit for the service rendered prior to membership).
h. Section 20952.5 (providing for age 50 as the minimum voluntary retirema1t age for local firemen and local policemen).
i. Section 21251.3 (providing for the recalculation of allowances to retired persons for tin:e commencing on July 1, 1950 in accord- ance with this contract as amen:led on July 1, 1950, provided that no allowances are to be decreased by such recalculation. 11Fina.l compensation" for such recalculation shall be determined in accord- ance with Section 20024 instea4 of Section 20024.01).
j. Section 21251.5 (providing for increases in allowances :µiyable for time commencing on July 1., 1958 to persons retired on and prior to July 1, 1956).

Public Agency shall contribute to said Retirement System as follows:
a. .3 .103 percent of total salaries each month beginning July 1 next following the effective date of this amendment for ·40 years., less the years elapsed between the effective date of the contract and the effective date of this amendment, on account of the liability for prior service. In addition, a prorata portion of the annual amount of $767.28 will be pa.id upon the effective date of this amendment to cover the period from such effective date to the July l next following.
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b. 6.22.$ percent of tota.1 sa1aries pa.id by Public Agency each month to its emp1oyees who are and hereafter become members or said Retirement System, provided that only salary earned as members of said System shall be included in said total salaries. c. A reasonable amount per annum, as fixed by- Board to cover the costs of administering said System as it af'fects the employees of' Public Agency, not including the costs o:t special valuations or of the periodical investigation and valuation required by law, provided that said amount shall be determined on the basis of' the number of employees of Public .Agency who are members on July 1 of the·respective fiscal. years., or with respect to the first year of participation., on the effective date of said participation.
d. A reasonable amount as fixed by the Board.1 payable in one stallJnent as the occasions arise, to cover cpsts of specia1 val~ations on account of employees of Public Agency-, and costs of the periodical investigation and valuation required by law.

9. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the state llln.p1oyees' Retirement Law., and on_ account of experience under the Retirement System., as determined by the per:l.odica1 investigation am valuation required by said Retirement Law.

10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer. If more or less than the correct amount of contribution is paid for any period, proper adjustment shall be made in connection w.tth subsequent remittances, or adjustments on account of errors in contributions required of any emp1oyee may be made by direct cash payments between the employee and Board. Payments by Public .Agency to Board may be made in the form of warrants, bank checks1 bank drafts, certified checks, money orders, or cash.
n. This amendment shall be attached to said contract and shall become effective on the )~ day of ~ l lg$?£ •
Witness our hands this ------·-t_12.._,.r ____ day of~~"[. ilc~ /7Sf'..

BOARD OF ADMINISTRATION
STATE ES1 RETIREMENT SYSTEM

CITY COUNCIL OF THE

CITY OF,,SANTA CLARA
Attest:

Ret. Form 702-3
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.AMENDMENT TO CONTRACT BE'l'W:Em THE
BOARD OF AT»lINISTRATION
STATE EMPLOYEES' RE'l'Im1ENT SYSTEl!
AND THE BOARD OF TRUSTEF.s OF

TEE CITY OF SANTA CLARA
The Board of Adm1m stration., State Employees' Retirement System., and the Board of Trustees of the City of Santa Clara., hereinafter referred to as Public Agency., having entered into a contract under dated September 1., 1943., efi'ective september l., 1943, which provides for the participation of said Public Agency in said Retire ment System, and said contract being based on the Retirement Law., exc:l.usive o:£ amendments thereto which changed benefits o~ retirement., said Board of Administration and said Board of Trustees hereby agree as follows:

1. Paragraph 10 shall. be and is hereby stricken t'rom said Contract:

2. The following paragraphs shall. be added to said Contract.

10. The provisions of Section 21367.51 of the State .Employees• /~Retirement Law, providing a $400 death benei'i t after· retirement SHALL APPLY to persons who are members because of emplo:vni,ent by Public Agency.

1.5. The provisions of Section 20024.0l of the State Employees' Retirement Law., which provide that ".final. compensation" shall mean the highest average annual. compensation ea.rna.ble by a member du.ring any period o:f three consecutive years during his membership in the System., SH.ALL APPLY to employees of Public Agency who become members of said Retireir.ent System. l.6. The provisions of Section 20952.5 of the State &p1oyees' Retirement Law which provide age 50 as the minimum voluntary retirement age for Local. Firemen and Local Policemen SHALL APPLY TO employees of Public Agency who become members of the Retirement System as Local Firemen or Local Policemen.
17 • The provisions 0£ Section 20804-, d the state :Employees t Retirement Law., providing .for an election by members to con- ./ tribute and to receive credit £or the current service render ed prior to membership., SHALL APPLY to employees of Public Agency who are members on the effective date of this amendment or who thereafter become members of said Retirement System.

J. The cost o:f such application., except paragraphs 10 and 17, not lending itself to ready determination in advance., shall be determined by the Board of Administration at the proper ti.me and in the same manner as other contributions therea:tter required of Agency under said Contract., and any adjustment determined. by the Board as necessary shall be in• cluded in the contributions thereafter required of Agency under said Contract.
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4. The amount shown in paragraph 13a shall read $14.,938.37. ~. The percent stated in paragraph 13b shall be amended to read 6.lo6.

6. This amendment shall be attached to said Contract and shall be effective as of May 1 , 19 5 6 •
Witness our hand this ___ 2,_5t_h ____ day of ___ A_p_r_i_l_, _1_9 .... 5_6 ____ •

BOARD OF TRUSTEES OF THE

CITY OF SANTA CLARA
Vice- ~~ Presiii:f ngO ·cei,Mayor
Attest:

CityOlerk
JUN 15 1956
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City of Santa Clara. #30
At; a result of the quadrennial. valuation as of June 30, 1954, the contributions beginning July 1, 1955, -were changed to those shown in items 6 and 7 of the actuarial report mailed to each agency during June and July, 1955, with Retirement System form letter 849 or 850.

The rates effective July 1, 1955, are as follows:

1. Contribution on account of current service.
(Percentage of members' compensation)

2. Contribution on account of prior service.

5. 779 '/a
$ 14.,938.37
Ret. Form 861 11/55 350
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EARL W. CHAPMAN
E)(:E.CUTIVI!: OFFICER
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STATE OF CALIFORNIA

BOARD OF ADMINISTRATION
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RALPH R. NELSON

ACTUARY
LAUREN C. HAIGHT
ASSISTANT ACTU ... RY
j±atc ~n1ploue.es1 ~ctir.ente11t justc111
1320 K STREET
SACRAMENTO 14
PLEASE DIRECT YOUR REPLY TO SECTION ____ _
REFER TO MEMBER ACCOUNT NUMBE"-------
Santa. Clara., City of
In accordance with the actuarial revaluation report, Form 322, your·contributions beginning July 1, 1951, will be as Sallows:

1. Contribution on account
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of current service, (Item 33)· ./
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of members' compensation.

Contribution on account of prior service, (Item 34) /
•••• o •••• 0 •••••••••••• $12.,o,o.oo /
The percentage in Item 1. and the amount in Item 2 take the place of the percentage and installment applying through June 30, 1951. ·
Ret. Form 8611/54 350
.AMIDNDMENT TO CONTRACT BETWEEN THE
:BOARD OF ADMmtSTRATION
STATE EMPLOYEES• RETIBEMENT SYSTEM

AND BOARD OF TRUSTEES OF TEE
CITY OF SA..~A CLARA
The Board of Administration, State Employees' Retirement System, and the Board ~ Trustees of the City of Santa Clara, hereinafter referred to as Public Agency • .. ving entered into a contract under date of September 1, 1943, effective September 1, 1943, which provides for the participation of said Public Agency in said Retirement System, and said contract being based on the Retirement Law as that Law existed prior to amendments adopted in 1947 and 1949, increasing benefits, said Board of Administration and. said. Board. of Trustees hereby agree as follows:
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l. Paragraphs 3a, 4, 6, 7, 8, 9 and 10 shall be and are hereby stricken from said contract.

2. The following paragraphs shall be and are hereby added to said contract:

4. Age .§Q_shall be the normal minimum age for retirement for service, of Miscellaneous members employed by Public Agency, that is other than v Local Safety members, and one-sixtieth shall be the fraction of final compensation as defined in said Retirement Law, to be provided on the average, for each year of service as a member, by the members' and Public Agency's normal contributions, upon retirement at said minimum age.

5. Benefits on account of prior service, that is, service credited here under as rendered to Pu.blic Agency prior to the effective date of participation, to respective persons who are members because of employ ment by Public Agency as Local Safety ·members shall be allowed only as a percentage of the average salary s~ecified in said Retirement Law, for each year of such service, and said percentage shall be 100 per cent of the fraction of-final compensation, as defined in the State Employees 1 Retirement Law, for each year of service rendered after said date, as determined for said respective members under said law, for retirement for service at age 55, or upon qualifics.tion for service retirement at a higher age. If a member retires for service before attaining age 55, his prior service pension shall be reduced to that amount which the value of the pension as deferred to age 55 will pur chase at the actual age of retirement.

6. Prior service benefits to Miscellaneous members employed. by Public Agency, that is, other than Local Safety members, upon retirement for service at age 60, shall be allowed only as a percentage of the average salary snecified in Section 21253 of said Retirement Law, for each year of such ~ervice, and said percentage shall be 100;6 of the percentage determined under said section.
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7. The provisions of Section 21251.1 of the State Employees' Retirement Law. providing for a guaranteed percentage of final compensation for v .each year of current service as a member, shall apply to persons who are Miscellaneous members because of employment by Public Agency.

8. The provisions of Section 21252.4 of the State Employees 1 Retirement Law, providing for a guaranteed percentage of final compensat~on for each year of current service as a member. shall apply to persons who are Local Safety members because of employment by Public Agency'.

9. The provisions of Section 21258b of the State Employees' Retirement ✓ Law, guaranteeing a minimum retirement allowance under certain condi tions shall apply to persons who are members because of employment by Public Agency.

10. The provisions of Section 21367.5 of the State Employees' Retirement J, Law, providing a $300 death benefit after retirement shall apply to l!. persons who are members because of employment by Public Agency.

11. The provisions of Section 20025 of the State Employees 1 Retirement Law, providing for the portion of compensation to be included in ,/ computations under said Law, shall apply to persons who are members because of employment by Public Agency.

12. The retirement allowances of persons who were members because of employment by Public Agency and who were retired prior to July l, 1950, shall be recalculated on the basis of this contract, and said .; allowances shall be paid for time beginning with July 1, 1950, in the recalculated amounts. J?aragra:ph 10 of this contract shall apply to persons retired prior to July 1. 1950. and who are entitled to receive a retirement allowance based on time after said date ~ecause of employment by Public Agency.

13. P~blic Agency shall contribute to said Retirement System as follows:
a. The sum of$ 11,318.64 per annum, or less freauent installments as Board shall require. for the period of 40 years less the time elapsed from the date of participation to the effective date hereof. b. 8.939 per cent of total salaries paid by Public Agency each month to its employees who are members of said Retirement System, pro vided that only salary earned as members of said System shall be included in said total salaries, and the employees who are members of said System shall include employees who become members upon the effective date hereof and employees who become members thereafter. c. A reasonable amount per annum, as fixed by Eoard, to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodical investigation and valuation required by law, _4.
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provided that said a.mount shall be determined on the basis of the nwnber of employees of Public Agency who are members on Jllf.Y 1st · of the respective fiscal years, or with respect to the first year of participation, on the effective date of said participation. d. A reasonable a.mount as fixed by the Board, payable in one install ment from time to time as the occasions arise~ to cover tbe costs of special valuations on account of employees of Public Agency, and the costs of the periodical investigation into the experience under said Retirement System, as it affects said employees. and the valuation of the assets and liabilities of said System on ac- count of said employees. ·
Contributions required of Public Agency and its employees shall be subject to adjustment by the Board of Administration on account of amendments to the State Employees' Retirement Law, and on account of experience under the Retirement System, a.s determined by the period ical investigation, valuation and determination provided for by said Retirement Law.

14. Contributions required of Public Agency under Paragraph 13 immediately preceding, and contributions required of Public Agency's employees who are members of said System, shall be paid by Public Agency to the State Employees' Retirement System within thirty days after the end of the month or longer period to which said contributions refer. If more or less than the correct amount of contribution re~uired of Public Agency or its employees is paid for any period, proper adjustment shall be made in connection with subsequent remittances of Public Agency to the Board, to rectify the errors; or such adjustments on account of errors made in contributions required of employees, may be made by direct cash payments between the employee in connection with whom the error was made, and Board. Payments of Public Agency to :Board mey be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash.
:Benefits, including retirement allowances, payable prior to the effective date of this amendment, shall not be affected by this amendment.

This amendment shall be attached to said contract and shall be effective as of July l, 1950. r}_,,
Witness our hand this /9 day of __ ..,,.~ __ ___,, _______ , 1950. -!...f-- 27 -
BOARD OF TRUSTEES of the
ATTEST: CITY OF SANTA CLARA

BOABD OF ADMINISTRATION

STATE EMPLOYEES' BETIBEMENT SYSTEM
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AMENDMENT TO CONTRACT BETWEEN THE ·.-- / . ,::..:_,,'./{ ~::,.~-)~ -;>, BOARD OF ADYINISTRA.TION, .· .._\ /.JPp J 3 0 -·~,·~·:-, STATE EMPLOYEES' RETIBEMENT SYSTEM·::,-'.":,·~-:>·-- 7...,49 /' / }' ~~d~:e C~OF ~~~~ 'I n,;:;/,;}:ti}:,/ ,i;'-j
The Board or Administration, State Employees' Retirement System, and the Board of Trustees of the CITY OF SANTA CIARl, here:inaf'ter ref'erred to as Agency, having· entered into a contract under date o£' September 11 1943, ef'f'ective Sep tember 1, 1943, which provides for the participation 2~ said Agency in said Retirement System, and the provisions of Sections ·212'8$-(b) and 21367.5 oi' the .

State Employees' Retirement Law having been applied in error only to persons who are miscellaneous members because of employment by public agency, said Board of Administration and said Board of Trustees hereby agree as follows:

1. The word "miscellaneous" appearing in line 3 of
each of paragraphs 7 and 8 of said contract shall
be and they are hereby stricken from said paragraphs.

2. Paragraph 5 o:f said contract sh.all be and is hereby stricken :from said contract.

3. This amendment shall ·be attached to said contract
and shall be ef£ective as of September 1, 1947.

Witness our hand :this 7th· day of · April .I949, l94_.

BOARD OF TRUSTEES of the CITY OF SANTA Cl.ARa
attest:
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BOARD OF ADMINISTRATION
STATE EMPLOYEE.$ 1 RETIREMENT SYSTEM
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AMENDMENT TO CONTR...;.cr BETViEEN
BOARD OF J,.DMINISTRATION,
STATE EMPLOYEES I RET IREI~IB:NT SYSTEM
.AND BOARD Ul' ~tlUSTEl:!S
(Governing Body)
OF THE CI TY OF S.AJ\~ CJ.ABo
{Name of Public Agency)
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L '(;, The Board of Administration, State Employees• Retirement System, and the ~ ~ Board of Trustees ✓ of the City of Santa Clara ✓ ·. f'
(Governing Body) (Name of Public Agency) 'y. ·r<\
hereinafter referred to a.s Agency, having entered into a contract under date of ~ Jc.,i/ s eptan ber 1st ,1943 j-"'effecti ve Septembe:r ls t , 19 ~ ~ ~\Y which provides for the participation of said Agency in said Retirement System, ana:-i~tL ~ said contract being be.sect on the Retirement Law as that Law existed prior to nmend- f 131 \ ments adopted in 1945, increasing benefits and reducing ages of retirement, said ~ r'· \_ Board of' Administration and se.id Board of Trustees !_,.,,..- hereby agree a~\?:f follows: 3 ,1. ~ ( Governing Body) g: " -~t:

1. Paragre.phs 4, 5, and 6 :---~hall be snd are hereby stricken ~ J , '.:' f ,,,_' /. from said centre.ct. f ,~.-:

J ~} •iJ. 2. The following paragraphs shall be and. are hereby added to said contract: ,,-1' ~tt::_ N' ~,.\ :·~

4. 5.

Age 60 sh~ll be the normel minimum age for retirement for service, of persons who are miscellaneous members because of employ ment by public age~cy, that is, members other than Local Firemen and Local Policemen, and one-sixtieth shall be the fraction of final compensation, c.s defined in said Retirement Law, to be provided on the average, for each year of service as a member, by the members' and Public Agency's normal contributions, upon retirement at said minimum age.
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of final compensation, ns defined in the State Employees' Retire ';-.:-:: ,,'Z J' ~:.;~ ~ .I
ment Law, for each yeur of service rendered after said date, as determined for said respective members under said law, for retire ment for service at nge 55, or upon qualification for service retire ment at a higher age. If a member retires for service before attain ing age 55, his prior service pension shall be reduced to that amount ' which the VD.lue of the pension.as deferred to nge 55 will purchase / at the actual age of retirement. . /
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6. Prior service ·benefits to persons who are miscellaneous members because of employment by Public Agency, that is, members other than Local Fire:nen and Local Policemen, upon retirement for service at the normal minimum age entered in paragraph 4 hereof, shall be allov'iSd only as a percentage of the uvera.ge salary specified in said Retirement Law, for each yee:r of such service, and said F 328 -1 (1/60 amend.) 7-47
•
• • percentage shall be 100 per cent of 1/60
If a member retires t'or service before attaining the normal minimum age in item 4, his prior service pension sho.11 be reduced to that c..mount which the vo.lue of the pension e.s deferred t o said minimum ~ge will purchase at the actual age of retirement.

7. The provisions of Section 21258b of the State Employees' Retirement Law, guaranteeing a minimum retirement allow~nce under certain conditions shall_ apply to persons who are miscellaneous members because of employment by Public Agency.

8. The provisions of Section 2136T.5 of the State Employees' Retirement Law, providing a $300 death benefit after retirement shall apply to persons who e.re miscellaneous members because of employment by Public Agency.

9. Public Agency shall contribute to said Retirement System e.s foll·ows:
b.
v The sum of $ 6,250.02 per annum, payable i:o equo.1
monthly or less frequent inst&llments as Board shall
require, for the period of years stcted in said contract, less the time elapsed from the date of participation to the effective date hereof.
9 .256 _,,..per cent of total salaries paid by Public Agency each month to its employees who are. members of said R0tire ment.System, provided that only salary earned as members of said System shall be included in said total salaries, and the employees who are members of said System shall include employees who become me~bors upon the effective date hereof and employees who become membi::rs thereafte:r:-.
c. A reasonable amount per annum, as fixed by Boerd, payable in equal monthly or less frequent installments, as Board shall require, to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the
periodical investigation and valuation required by law, provided that said amount shall be determined on the basis of the number of employees of Public Agency who are members on July 1st of the respective fiscal yeurs, or with respect to the first year of participation, on the effective date of said particip&tion.
d. A reasonable amount as fixed by the Board, payable in one in stallment from time to time as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, ~nd the costs of the periodical investigation into the experience under said Retirement System, ns it nffects said employees, and the vcluetion of the assets and liabilities of said System on account of said employees.

Contributions required of Public Agency and its employees shall be subject to adjustment by the Board of Administration on account of amendments to the State Employees' Retirement Law, nnd on account of F 328-2 (1/60 Amend.) 7-47
Attest:

Attest:
•
experience under the Retirement System, as determined by the periodical investigation, valuation and determination provided for by said Retirement Law.

10. Contributions required of Public Agency under paragraph 9 immediately preceding, _and contributions required of Public Agency's employees who are members of said System, shall be paid by Public Agency to the State Employees' Retirement System within thirty days after the end of the month or longer period to which said contributions refer. If more or less than the correct amount of contribution required of Public Agency or its employees is paid for any period, proper adjustment shall be made in connection with subsequent remitt&nces of Public Agency to the Board, to rectify the errors; or such adjustments on account of errors made in contributions required of employees, may be made by direct cash payments between the employee in connection with whom the error was made, and Board. P~yments of Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash.

3. Benef'i ts, including retirement allowances, p_rior to the effective date of this amendment, shall not be affected by this amendment.

4. This amendment shall be attached to said contract and sh&ll be effective as of September 1, , 19 ..i2.• V
Witness our hand this 4th de.y of .Aufl'U.St --------
erk

BOARD OF TRUSTEES
Name of Legislative Body
____ C5ty af Saata GJara
Neme of Public Agency

BOARD OF ADMINISTRATION
ST1~TE EMPLOYEES' RETIIi.EMENT SYSTEM
of
By ~,E/:fr~.
""'p-r-e""~~i .... d-e-n"""t~,--=B-o_a_r....,d_o_f,_,..A...,,d-nu"'"· _n.,.i-s"'"t_r_a...,_t.,.i~o=:.n-- F 328-3 (1/60 Amend.) 7-47
l
A.J. Cronin
• STATE OF CAIJFORNIA . !
I
'
•
State Employees' Retirement System
I
/.'
102 STATE OFFICE BUILDING N0.1
\ \ Tenl:h and L Streets
f SACRAMENTO 14
' \
\
City of Santa CJ.era
999 Franklin Straet. City Clerk's Office
Santa Clara. Cali~ornia
Dear Sir:

You have received the actuarial report on our Fonn 322, transmitted with Form 326, giving the results of an actuarial revaluation as of July 1, 1946. Forro 326 told you that the percentage in Item 33 of the report, and the amount in Item 34, are to be used effective Jul;i.~ 1, 1947, in determining your con tributions to the Retirement System.

In accordance with that report, your contributions
beeinning July 1, 191i7, -,·,.ill be as i'ollows:

Contribution on accou.~t of
current service, (Ite~ 33)

2. Contribution on account of
...... 7.223 % of ---'-.----"-,,---
member rs compen-
sation
. . ( It 34) ~ 5.616 • .t.,-, prior service em ••••••• ~ =~ The percentage in Item 1 and the amount ·in Item 2 take the place of the percentage and installr.J.ent applying through June 30, 1947.

Further explanation will be made upon request.

Yours truly,
BOARD OF Am,rnUSTRATION
STATE ELfPLOYEES t RETJREMENT SYSTEM
BY --.:::--:-:::-=-=-,,....,,,,--=e:,,=-:,,-=-,----,,..,,.-::~=,---- RA.LPH R. NELSON, ACTUARY
F 332 7-47 250
,.

STATE £LOYEES~ RETIREMEN.STE:

SACRAMENTO, CALIFORNIA

BETWEEN
C·
-----~B~Cw=_fID_JJE'_T_RUSEill_ES....._ ______ _
NAME OP LEGISI.!LTIVI! BODY
oF the
-----~C~~TI'"_vL_SA~IT.fL_QLA~RA~------
NAMI! OP MuN1c1r1LL CoitroR.ATIO!'l

AND THE

BOARD OF ADMINISTRATION
OF THE
CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM \
\
1:'.hi.s 2lgrccmcnt made this ____ ist_ ____ day of--S-9~0-F'-----, 194---3-, by and between tb e CIITl'U" u·:.;, S.A.1.;m, C • ,,n ,, the Legislative Body of ___ ·--...=-=..1.=-.1.-'--'-.1.:"---_--c..• =.ui----~.i....an-=='-------------------- N:1me of Munic:ip:;tl Corpontjon
hereafter referred to as "City," and the Board of Administration, California State Employees' Retirement System, hereafter referred to as "Board."
WITNESSETH:

In consideration of the covenants and agreements hereinafter contained and on the part of both parties to be kept and performed, City and Board hereby agree as follows:

1. City is to participate in the State Employees' Retirement System, subject to the provisions of the State Employees' Retirement Act. S.,icl R, ci1t 11tCilC Act is ,,tt.cd1ol l1ric to 11111kcd Exlxif.i, "A" ,lllll h1 S111 l. 11 fa 11:11,, is J,e1d,y 111,1.!e ,l pa, I.,( .1. ■ g, I ] 1gh ha . I i I in r,1lt .

2. City shall participate in said Retirement System, making its employees members of said System, from and

3. Employees of City in the following classes shall become members of said Retirement System in accordance with the provisions of said Retirement Act, governing membership in said Retirement System, and subject to the further exclusions from membership in the next following sentence:

CLASSES Of EMPLOYEES
NUMBER OF Ull'LOYEES
ELIGIBLE FOR ME:MBERSHII'
oN..::i.e;t em b eT' J . 1~4-3
a. City Fiwnen, ~s defined in Section 8c of the O ~
Stace Employees' Retirement Act • , • ·------------
b. Cicy Policemen, :as defined in Section Sb of 10 ✓
the State Employees' Retirement Act • • ·------------
"· Employees other than City Firemen md City
Policemen • • • • • • • • • , 33
MINIMUM AGE:

FOR VOLUNTARY
SERVICE R.ETIRE:MENT
As provided in the Retirement Act
In addition to the employees excluded from membership by said Retireme::it Act, the following employees shall not become members of the Retirement System: • ..
,,-., F'. 126. 00242 •••O 000
:$1',1.TE PIUN.THlr;: OFFtCE
✓
3a.
shall apply to
The ·provi&.s of· Se~tion 84 of the State .. oyees' Retire;;ent Act-~- - --~~ employees of· City_! who become members of said Retirement System_.

Continued from page 1
THERE ARE NO FIREMEN EJ.1PLOYED AT THE PRESENT TIME
3 Con- Board and City agree that, except as provided in paragraph 5, no adjustment shall be made in the amount of contributions· •. provided in paragraph fa, on account of prior service, or in the percentage provided in paragraph 5b, because of variations tinuedin the numbers of employees who become members-of said Retirement System on the effective date hereof, from the numbers listed above, due to termination of service by such causes as death, resignation or discharge, or the employment of individuals not included in said numbers. .
?!;a;,_ S.ee above f •· . . h . . d' d h d d d c· . h ff . .f. .oeneii.ts on account o pnor service, t at 1s, service ere 1te ereun er as ren ere to 1ty pnor to t e e ect1vc date hereof, shall be allowed to city firemen and city policemen and to other employees, only as percentages of the respective averag; salaries specified in said Retirement Act,. for each year _?_f .such service, and said percentages shall be equal to - .lQQ ___ per cent of the analogous percentages now used under said Retirement System in calculating-benefits on account of prior service, allowed to members of the California State Highy;ay Patrol and to other employees of the State of California, respectively.

5. City shall contribute. to said Re1jrement System as ·follows:
a. The sum of $_4.,.l5..2.'!_Q_~er annum, payable in equal monthly or less frequent installments as Board shall require, for a period of ____ 4.Q~.years, on __ a_,;:~ount of the liability for benefits based on service rendered to City priopto the effective date hereof. ' , ·
b . .9..,_!.-.9..9_7...per cent of total salaries paid• by City each month to its employees who are members of said Retirement System, provided ·that only salary earned as members of said System shall be included in said total salaries, and that employees who are members of said System shall include employees who become members upon the effective date he.reof and employees who become members thereafter. c. A reasonable amount as fixed by Board, _payable in equal monthly or less frequent installments, as Board shall· require, to cover the costs of admicistering said System as it affects i:he employees of City, not including the costs of special valuations or of the periodical investigation and valuation required by law, provided that said amount shall not exceed $1.50 per fiscal year: per member, on the basis of the number <if employees of City who are members on July !St of the respective fiscal years, or with respect to the fast year of .. participation, on the effective date of said participation; . d. A reasonable amount as fixed by the Board, payable in one installment from time to ·time as the :·occasions arise, to cover the costs of special valuations on account of employees of City and the costs of the periodical investigation into the experience under said Retirement System, as it affects said .employees, and the valua tion o( the assets and liabilities of said Sys~em on a~ount of said employees. · · G,~tributions required of City a~d its employ~es shall be subjecq:o adjustment by the Board ~f Administration on account of amendments to..:the State Employees' Retirement Act, and on ,account of experience under the Retirement System, ·as detemiined by th,i:periorucal investigation~,valuation and-determination provided.for by said:Retirement Act .. . - 6. Cont1i.bu;ions reqw.r~d-'of.City 'under paragraph "5 immediately preceding, and co~tribution; required of City's employees who arc members of said System, shall be paid by City to the State Employees' Retirement ·System within thirty days after the end of the month or longer p~riod_ to _which said contributions refer. If more.or less than the correct amount A of contribution required of City ·or its employees is paid for any period, proper adjustment shall be made in connection with W subsequent remittances of the City to the Board, to rectify the errors; or such adjustments on account of errors made in contributions required of employees, may be made by direct cash payments between the employee in connection with whom the error was made, and Board. Payments of City_to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. ·
WITNESS OUR HANDS the day and year first above written.

ATTEST:
--~--- _--=,c£) __ . ·----. ------____ · --- .

Clerk

BOARD OF ADMINISTRATION

STATE EMPLOYEES' RETIREMENT SYSTEM
By ____ ~l-1~ ~y--· _
· BOARD OF .P.DMINIBTRATiG, Pmidcnt
___ BOAlD OF ___ TRUS~ES __ .· ___________ of
the OlTY -~;o;:;;;i~Bo:LARA .,.
_______ .,.____________ ----- ----------------·---------- . ' Nam< of City . " .
i{J ~~'=oTty of . -'iiirnia~~
. ~- ~~-. __Q_._>-._ ~t
vlara ,·
./ ,. .
'
I:
•
L
•
St:ite Employees' Retirement Act
to be :itt:iched here
•
e:, cs:, e:,
'r,.:,
--..

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1279 Agenda Date: 10/18/2022

REPORT TO COUNCIL

SUBJECT
Action to Waive Second Reading and Adopt Ordinance No. 2051 Approving the Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project, in Accordance with City Charter Section 714.1

BACKGROUND
At the September 27, 2022 Council meeting, proposed Ordinance No. 2051 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2051 was published to the Santa Clara Weekly on October 12, 2022, and copies were posted in three public places.

Proposed Ordinance No. 2051 would approve the Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project, in Accordance with City Charter Section 714.1

DISCUSSION
Measure R Compliance
The approval of the proposed Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project may be subject to Measure R. In November 2016, voters passed Measure R, which added Section 714.1 Protection of Parkland and Public Open Space to the City Charter. Measure R prohibits selling, leasing, or otherwise disposing of parkland for a period of one hundred eighty (180) days or more, and prohibits its use from changing, being abandoned, or discontinued without such sale, lease, disposal, or changed use having first been authorized or ratified by a two-thirds majority vote of the electorate during a general municipal election for that purpose. Measure R also prohibits changes in park use for over 180 days without a majority vote of the electorate and substantial building, construction, reconstruction, or development upon dedicated parkland except pursuant to ordinance subject to referendum. The referendum process is set forth in the Elections Code.

The proposed Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project, if approved, will include changes to the existing park that may be considered “substantial building, construction, reconstruction, or development.” Therefore, the approval of the proposed Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project, will require an ordinance to comply with Measure R. It does not include a sale, lease, disposal, or change in use requiring a majority vote of the electorate. Therefore, staff recommends that the Council approve the proposed Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project and introduce an ordinance to ensure compliance with Measure R. Staff return to Council at a second meeting for adoption of the ordinance in accordance with City Charter Sections 808 and 812.

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22-1279 Agenda Date: 10/18/2022

ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to the following sections of the CEQA Guidelines:
· Section 15303 (Class 3 - New Construction or Conversion of Small Structures), in that the project will construct limited numbers of new, small facilities or structures and equipment. The proposal would expand the existing parking lot area by adding 26 new parking spaces to 140 existing spaces already on site. A later phase of Central Park’s Master Plan would remove a similar number of parking spaces. The Project includes installation of electrical conduit and cabling for Electric Vehicle Charging stations and entrance and exit drive aisles and reclaimed water for new and existing irrigation systems.
· Section 15304 (Class 4 - Minor Alterations to Land), and 15304(b) (Class 4(b) - replacement of existing landscaping with water efficient landscaping), in that the project would make minor alterations in the condition of land, water and/or vegetation which do not involve the removal of healthy, mature scenic trees, and would include the replacement of existing conventional landscaping with water efficient landscaping. The proposal would remove entry trees that have structural issues and present safety concerns, and replace them with drought-tolerant species, as well as minor trenching and backfilling for utilities that serve this area of the park. · Section 15311 (Class 11 - Accessory Structures), in that the project would construct or replace minor structures accessory to existing commercial, industrial, or institutional facilities (including publicly owned parks). The project would install (a) on-premises signs and (b) a small parking lot to connect with the adjacent All-Inclusive Playground and park pathways to meet ADA, code and program requirements.
· Section 15269(c), actions taken to prevent or mitigate an emergency. Several of the trees onsite are in a compromised structural condition, and numerous limbs have already fallen from those trees. The immediate removal of the trees is necessary for public health, safety, and welfare.

FISCAL IMPACT
The schematic design under consideration is funded by the Central Park Master Plan - New Entrance, Access, and Parking Improvements Project in the Parks Capital Fund. This project has a total budget of $2,518,448, of which the Schematic Design and PS&E agreement(s) are not to exceed $404,000. Construction of the Schematic Design (Attachment 1) project elements are currently estimated at $2,310,000. Additional budget actions may be necessary based on the final construction award.

Central Park maintenance and operations activities are included in the Parks & Recreation Department’s Operating Budget.

COORDINATION
This report has been coordinated with the Parks & Recreation Department, the Public Works Department, the Finance Department, and the City Attorney’s Office.

PUBLIC CONTACT
A summary of proposed Ordinance No. 2051 was published to the Santa Clara Weekly on October 12, 2022, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.

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22-1279 Agenda Date: 10/18/2022
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. 2051 Approving the Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project, in Accordance with City Charter Section 714.1
Reviewed by: Steve Ngo, Interim City Attorney
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Ordinance No. 2051 (Intro)
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Ordinance/Central Park Entrance, Accessibility & Parking Improvements Project Rev: 09/2019

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City Council and Authorities ConcurrentOctober 18, 2022

City Council and Authorities Concurrent
October 18, 2022