15.05.010
"Chapter 15.05
ADMINISTRATIVE CODE
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 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Code") of Title 15 ("Buildings and Construction") of "The Code of the City of Santa Clara, California" ("SCCC") is repealed in its entirety and replaced with the following:
15.15.010
"Chapter 15.15
BUILDING CODE
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 0. The 2022 California Building Code shall be designated and referred to as the "Building Code" for the City of Santa Clara.
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City Council October 18, 2022
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
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." II
Ordinance/2022 Code Adoption
City Council October 18, 2022
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 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.
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City Council October 18, 2022
(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:
15.17.010
"Chapter 15.17
RESIDENTIAL CODE
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 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.
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City Council October 18, 2022
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.
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 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 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%.
Ordinance/2022 Code Adoption
City Council October 18, 2022
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:
15.18.010
"Chapter 15.18
PROPERTY MAINTENANCE CODE
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".
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:
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15.20.010
"Chapter 15.20
ELECTRICAL CODE
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:
15.30.010
"Chapt~r 15.30
MECHANICAL CODE
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 with the following:
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City Council October 18, 2022
15.35.010
"Chapter 15.35
PLUMBING CODE
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:
15.36.010
"Chapter 15.36
ENERGY CODE
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:
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15.37.010
"Chapter 15.37
HISTORICAL BUILDING CODE
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:
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15.75.010
"Chapter 15. 75
EXISTING BUILDING CODE
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 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.
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City Council October 18, 2022
SECTION 13: Sections 8 and 1 O of this ordinance modify the City's Energy Code and Green Building Code, which are also proposed to be modified by Ordinance No. 2056 (2023 Reach Code). Sections 8 and 10 of this ordinance shall only become effective if Ordinance No. 2056 is not enacted within 30 days of the adoption date of this ordinance. If Ordinance No. 2056 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 18TH day of October, 2022, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS :
ABSENT : COUNCILORS:
ABSTAINED : COUNCILORS:
Attachments incorporated by reference: None
Ordinance/2022 Code Adoption
City Council October 18, 2022
Becker, Chahal, Hardy, Jain, Park, Watanabe
and Mayor Gillmor
None
None
None
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
22-1021 Agenda Date: 11/1/2022
REPORT TO COUNCIL
SUBJECT
Public Hearing: Action to Waive Second Reading and Adopt Ordinance No. 2054 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
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
At the October 18, 2022 City Council meeting, proposed Ordinance No. 2054 was introduced and passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812 and Government Code Section 50022.3, applicable to adoption of codes by reference, a Summary and Notice of a Public Hearing for Ordinance No. 2054 was published twice by The Santa Clara Weekly, once on October 19, 2022 and again on October 26, 2022. Copies were posted in three public places and made available for public inspection at the City Clerk’s Office and two city libraries. The Ordinance now comes to Council for final adoption.
DISCUSSION
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 January 1st. The City made the required factual findings by Resolution at the October 18, 2022 City Council meeting.
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 cooperatively to develop the proposed amendments to the CFC, in order to provide regulatory consistency throughout the County. Except for the administrative sections of the Code, many of the amendments presented are proposed for adoption by most fire agencies in the County of Santa Clara.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes City of Santa Clara Printed on 10/28/2022Page 1 of 2
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22-1021 Agenda Date: 11/1/2022
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 City Manager’s Office.
PUBLIC CONTACT
A summary and notice of public hearing for proposed Ordinance No. 2054 was published in The Santa Clara Weekly on October 19, 2022 and October 26, 2022. Copies were posted in three public places; and, copies of the California Fire Code, and the proposed ordinance were made available for public review in three public places, the City Clerk’s office and two city libraries.
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. 2054 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. Ordinance No. 2054 (Intro)
City of Santa Clara Printed on 10/28/2022Page 2 of 2
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ORDINANCE NO. 2054
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 CONSTRUCTION"), 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 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, 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, II
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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, 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:
Sections:
15.60.010
15.60.020
15.60.030
15.60.040
15.60.050
15.60.060
15.60.070
15.60.080
15.60.090
15.60.100
15.60.110
15.60.120
15.60.130
15.60.140
15.60.150
15.60.160
15.60.170
15.60.180
15.60.190
15.60.200
15.60.210
"Chapter 15.60
MUNICIPAL FIRE AND ENVIRONMENTAL CODE
Title
Adoption by reference
Scope and general requirements
Enforcement
General authority and responsibility
Permits
Fees
Inspections
Means of appeals
Violations
Stop work orders
Building division plan submittals
General definitions
Hazard communication
Fire apparatus access roads
Access to building openings and roofs
Premises identification
Emergency responder radio coverage
Electrical equipment, wiring and hazards
Fuel-fired appliances
Penetrations
Ordinance/Adoption of 2022 California Fire Code
Rev: 09/2019
15.60.220
15.60.230
15.60.240
15.60.250
15.60.260
15.60.270
15.60.280
15.60.290
15.60.300
15.60.310
15.60.320
15.60.330
15.60.340
15.60.350
15.60.360
15.60.370
15.60.380
15.60.390
15.60.400
15.60.410
15.60.420
15.60.430
15.60.440
15.60.450
15.60.460
15.60.470
15.60.480
15.60.490
15.60.500
Decorative materials and artificial decorative vegetations in new and existing buildings
General - fire protection and life safety systems
Automatic sprinkler systems
Smoke control systems
Definitions - energy storage systems
Electrical energy storage systems (ESS)
Fire safety during construction and demolition
Owner's responsibilities for fire protection and site security Access for emergency response
Means of egress
Completion before occupancy
General - hazardous materials
Definitions - hazardous materials
General requirements - hazardous materials
Storage
Definitions - corrosive materials
General - explosives and fireworks
Fireworks displays
Storage - hazardous materials
On-demand mobile fueling
Mobile gaseous fueling of hydrogen-fueled vehicles
Highly toxic and toxic compressed gases
General-liquified petroleum gases
Use - pyrophoric materials
Reference standards
Appendix 8 - fire-flow requirements for buildings
Appendix C - number of fire hydrants
Appendix C - fire hydrant spacing
Appendix D - minimum specifications
15.60.010 Title
This chapter shall be known and may be cited and referred to as the "Municipal Fire and Environmental Code for the City of Santa Clara." II
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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 Building 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.
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.
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Pursuant to the provisions of Section 25502, Subdivision (b) of Chapter 6.95 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 California 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 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 seq., 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.
Ordinance/Adoption of 2022 California Fire Code
Rev: 09/2019
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.
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." II
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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, administration, 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.
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.
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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 thereto.
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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 watch personnel if in the opinion of the fire code official potentially hazardous 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 official 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.
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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:
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.
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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 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 IIIA 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.
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4. To store, handle or use Class 1118 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.
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.
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10. To engage in the dispensing of liquid fuels into the fuel tanks of motor 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:
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.
Ordinance/Adoption of 2022 California Fire Code
Rev: 09/2019
15.60.070 Fees
California Fire Code Section 107.2 is hereby amended to read:
107.2 Schedule of permitfees. 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 Program 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:
108.5 Documents. 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 provisions 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.
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California Fire Code is hereby amended by adding Section 108.7 to read:
108.7 Interference. Any person or party who willfully 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.
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15.60.100 Violations
California Fire Code Section 112.2 is hereby amended to read:
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.
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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:
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).
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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:
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).
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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.
Fire code official. The Fire Marshal is the designated authority charged with the administration and enforcement of this code.
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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 reproductive 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.
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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 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.
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.
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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:
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 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.
Ordinance/Adoption of 2022 California Fire Code
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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:
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.
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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. 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.
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 devices shall be approved by the fire code official. All electrically 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.
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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. Address identification characters shall contrast with 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 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 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 (1 ½) inch stroke.
Ordinance/Adoption of 2022 California Fire Code
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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.
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 identifying 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.
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.
Ordinance/Adoption of 2022 California Fire Code
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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 Ill 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.
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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.
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.
California Fire Code Section 807.5.7 is hereby amended to read:
807.5.7 Group F-1 motion picture and television production studio sound stages, approved production facilities and production locations without live audiences.
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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.
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.
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 system is conducted. In addition, integrated testing shall be performed in accordance with Sections 901.6.2.1 and 901.6.2.2.
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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 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.
Ordinance/Adoption of 2022 California Fire Code
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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 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 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.
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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, Sand 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.
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.
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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.
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.
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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 Code
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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.
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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
Above Higher than 9 25
grade plan 7-9 50
6 50
5 50
4 75
3 100
2 100
1 100
Below 1 100
grade plan 2 50
Lower than 2 Not Allowed
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NUMBER
OF FIRE
AREAS
PER
STORY
1 2
2 2
4 6
6 6
4 2
Not Allowed
FIRE-
RESISTANCE
RATING FOR
FIRE
BARRIERS IN
HOURS
3 2
2 2
2 2
2 2
3 3
Not Allowed
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:
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 Umin) 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.
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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.
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.
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. 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 518-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.
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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:
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.
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.
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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).
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.
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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 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 access roads are available.
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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 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.
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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. Stairways 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 contiguous 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 to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved.
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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
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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 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.
HEAL TH HAZARD.
HEAL TH HAZARD - OTHER.
IMMEDIATELY DANGEROUS TO LIFE AND
Ordinance/Adoption of 2022 California Fire Code
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HEAL TH (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 (SOS).
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 81 0 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with Section 5003.
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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 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, 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 A 13.1 and the Santa Clara Fire Department Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed.
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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
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.
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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.
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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 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-rated 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 when installed in accordance with Section 415.11.7.4 of the California Building Code as required for Group H, Division 5 Occupancies.
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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 confusion 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 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.
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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.
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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.
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.
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.
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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.
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California Fire Code is hereby amended by adding Section 5704.2.13.1.4 to read:
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 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.
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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 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.
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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, Mor 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
Toxic
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20 cubic feet
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 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:
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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:
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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.
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.
Ordinance/Adoption of 2022 California Fire Code
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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).
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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 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.
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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.
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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 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.
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 8105.2 is hereby amended to read:
8105.2 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 8105.1(2) and 8105.2.
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Exceptions: [SFM] Group 8, 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 fire flow specified in Table 8105.1 (2). The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow specified in Table 8105.1 (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
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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:
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.
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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 FiQure D103.1
500- 750 26 120-foot Hammerhead, 60-foot "Y"
or 96-foot-diameter cul-de-sac in
accordance with FiQure 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.
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.
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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.
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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 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 18th day of October , 2022, by the following vote :
AYES:
NOES:
ABSENT:
ABSTAINED :
COUNCILORS :
COUNCILORS:
COUNCILORS :
COUNCILORS :
Becker, Chahal , Hardy, Jain, Park, Watanabe
and Mayor Gillmor
None
None
None
ATTEST:
Attachments incorporated by reference : None
Ordinance/Adoption of 2022 California Fire Code
Rev: 09/2019
ORA PIMENTE , MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1346 Agenda Date: 11/1/2022
REPORT TO COUNCIL
SUBJECT
Public Hearing: Action to Waive Second Reading and Adopt Ordinance No. 2056 updating the 2021 Reach Code of Santa Clara to Conform to the 2022 California Building Standards Code
BACKGROUND
At the October 18, 2022 Council meeting, proposed Ordinance No. 2056 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812 and Government Code Section 50022.3, a summary and notice of a public hearing for proposed Ordinance No. 2056 was published twice to the Santa Clara Weekly on October 19, 2022 and October 26, 2022, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
DISCUSSION
The City adopted its first reach code in November 2021, following a long public process. The reach code made local amendments to the 2019 version of the California Building Standards Code (CBSC); specifically, the California Energy Code and the California Green Building Standards Code. The reach code mandates the use of electricity as a power source in new construction, limits installation of natural gas plumbing and meters, and increases requirements on new construction to install electric vehicle infrastructure.
A new version of the CBSC (the “2022 CBSC”) will go into effect on January 1, 2023. As a result, it is necessary to modify the 2021 reach code so that its requirements will still apply under the new 2022 CBSC standards. The proposed ordinance does not make substantive changes to the 2021 reach code; the modifications are limited to reorganization and renumbering so that it conforms to the new 2022 CBSC. The ordinance also makes the requisite climatic, geographical, and topographical findings for these local modifications to the CBSC.
Adoption of the proposed ordinance will ensure that the City’s reach code provisions carry forward into 2023 with no gap in the City’s enforcement ability. If, however, the Council wanted to make substantive amendments to the reach code, the City would be required to first seek the approval of the California Energy Commission (CEC), which would create a delay of several months, during which time the City would be unable to enforce the reach code. Accordingly, staff recommends that the Council adopt the proposed ordinance in its 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.
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 City of Santa Clara Printed on 10/28/2022Page 1 of 2
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22-1346 Agenda Date: 11/1/2022
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 and the Community Development Department.
PUBLIC CONTACT
A summary and notice of public hearing for proposed Ordinance No. 2056 was published to the Santa Clara Weekly on October 19, 2022 and October 26, 2022, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and 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. 2056 updating the 2021 Reach Code of Santa Clara to Conform to the 2022 California Building Standards Code Reviewed by: Steve Ngo, Interim City Attorney
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Ordinance No. 2056 (Intro)
City of Santa Clara Printed on 10/28/2022Page 2 of 2
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ORDINANCE NO. 2056
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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City Council October 18, 2022 Page 1 of 6
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.
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Reach Code Ordinance 2056
City Council October 18, 2022 Page 2 of 6
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 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:
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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 c) documents the cost-effectiveness of the Ordinance. This Ordinance is in alignment with the cost effectiveness studies referenced above and therefore the CityCouncil 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 Constrn;Uon) 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 (Buildihgs· and Construction) of the Santa Clara City Code is hereby repealed and re-. adopted to read as stated in Exhibit "B", attached hereto and incorporated herein by this reference.
Reach Code Ordinance 2056
City Council October 18, 2022
..
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.
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.
Reach Code Ordinance 2056
City Council October 18, 2022 Page 5 of 6
SECTION 8: This ordinance modifies the City's Energy Code and Green Building Code, which are also proposed to be modified by Ordinance No. 2053 (2022 Building Standards Code). Sections 8 and 1 O of Ordinance No. 2053 shall only become effective if this ordinance is not enacted within 30 days of the adoption date of Ordinance No. 2053. If this ordinance is adopted within 30 days of the adoption date of Ordinance No. 2053, Sections 8 and 10 of Ordinance No. 2053 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 18TH day of October, 2022, by the following vote:
AYES: COUNCILORS :
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference:
1 . Exhibit A: Chapter 15.36 - Energy Code
Becker, Chahal, Hardy, Jain, Park, Watanabe
and Mayor Gillmor
None
None
None
ATTEST:
NORA PIMENTEL, C
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
2. Exhibit B: Chapter 15.38 - Green Building Standards Code Reach Code Ordinance 2056
City Council October 18, 2022 Page 6 of 6
15.36.010.
15.36.020.
15.36.030.
15.36.040.
15.36.050.
15.36.060.
15.36.070.
15.36.080.
15.36.090.
EXHIBIT A
CHAPTER 15.36-ENERGY CODE
Title.
Adoption by Reference.
Definitions.
Scope.
Space-conditioning equipment.
Service water-heating systems and equipment.
Pool and spa systems and equipment.
Natural gas pilot lights.
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.
Reach Code Ordinance XX.XX
City Council October 18, 2022 Page 1 of 17
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 1 00.0(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 110.0through 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.
Exception 4: Non-residential kitchens may not utilize natural gas for cooking appliances unless the applicant establishes that there is not an all-electric option for the kitchen, or secondarily a propane option, using commercially available technology. If the Building Official grants an exception, Energy STAR rated natural gas appliances shall be used.
Exception 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
Reach Code Ordinance XX.XX
City Council October 18, 2022 Page 2 of 17
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 Conditioning Equipment), first paragraph, is hereby amended to read as follows:
Certification 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 heating 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 1 00.0(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 110.1 0(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 110.1 0(b) through 110.1 0(d) and Table 110.10-A. (c) Nonresidential Buildings. 2022 California Energy Code Section 110.1 0(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 1-2 and 12.1 buildings that do not have a photovoltaic system installed, shall comply with the requirements of Section 110.1 0(b) through 110.1 0(d) and Table 110.10-A.
(d) Solar panel requirements for all new nonresidential and high-rise residential buildings. 2022 California Energy Code Section 110.1 0(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. Minimum of 5-kilowatt PV systems ft.
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 Reach Code Ordinance XXXX
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(e) Minimum solar area - exceptions. 2022 California Energy Code Section 110.1 0(b)1 B (Minimum Solar Zone Area-Multifamily Buildings, Hotel/Motel Occupancies and Nonresidential Buildings), Exception 2, is hereby amended to read as follows:
EXCEPTION 2 to Section 110.10(b)18: High-rise multifamily buildings, hotel/motel occupancies with a permanently installed domestic solar water heating 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 110.1 0(b)1 B (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 110.1O(b)18: Performance equivalency approved by the Building Official.
(g) Minimum solar area - shading. 2022 California Energy Code Section 110.1 0(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 110.1 0(b)1 B. 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
Title.
Adoption by Reference.
Definitions.
15.38.010.
15.38.020.
15.38.030.
15.38.040.
15.38.050.
Residential mandatory measures-Electric vehicle (EV) charging.
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 XX.XX
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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 2081240 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 a½" font adjacent to the parking space, orb) 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 2081240 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, orb) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes.
Level 31Direct 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 Cal Green 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 two-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.
(c) 2022 California Green Building Standards Code Section 4.106.4.1.1 (Identification) is hereby amended to read as follows:
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 with11 0v 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 XX.XX
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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 11 B, 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 11 0v 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 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 11 B, 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 118-228.3.2.1 and section118- 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.
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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.
(c) 2022 California Green Building Standards Code Section 5.106.5.3.2 (Electric vehicle charging stations (EVCS) is hereby amended to read as follows:
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.
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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".
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1124 Agenda Date: 11/1/2022
REPORT TO COUNCIL
SUBJECT
Public Hearing: Action to Accept the 2022 Report on the City’s Water Quality Relative to Public Health Goals
COUNCIL PILLAR
Promote Sustainability and Environmental Protection
BACKGROUND
Pursuant to the California Safe Drinking Water Act (California Health and Safety Code Section 116470), the City has been required to prepare a report on water quality, known as the Public Health Goals (PHG) report, every three years since 1998. Accordingly, the City must, at this time, hold a public hearing to accept the 2022 Report on the City’s Water Quality Report Relative to Public Health Goals (“2022 PHG Report”) and respond to public comment regarding the 2022 PHG Report. The City continues to comply with all health-based drinking water standards as required by the State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) and the U.S.
Environmental Protection Agency (USEPA).
The Office of Environmental Health Hazard Assessment (OEHHA), part of the California Environmental Protection Agency (Cal-EPA), has adopted PHGs for several dozen constituents of drinking water, set at a level where no known anticipated adverse effects on health occur, with an added margin of safety. The attached report addresses the presence of constituents for which the OEHHA has set a PHG. The report uses the existing Maximum Contaminant Level Goal (MCLG) adopted by the USEPA where the OEHHA has not adopted a PHG for a currently regulated contaminant.
Both MCLGs and PHGs are goals based solely on public health risk considerations. PHGs are not enforceable and are not required to be met by any public water system. PHGs differ from Maximum Contaminant Levels (MCLs), which are enforceable drinking water standards established by the USEPA and the SWRCB-DDW. While PHGs are based solely on public health considerations, MCLs are based upon additional factors such as the capabilities for analytical detection, available treatment technology, benefits and costs.
DISCUSSION
The City has considered drinking water quality data collected from 2019 through 2021 to compile the 2022 PHG Report. The regulations require a report to the public in the cases where PHGs and/or MCLGs are exceeded. The City of Santa Clara’s Water Utility has analytical evidence showing that one constituent has exceeded a PHG or MCLG. The proposed report addressing the constituent is attached. The analytical data presented in the 2022 PHG Report has already been provided to the customers in Santa Clara in the form of an annual Consumer Confidence Report, which is distributed City of Santa Clara Printed on 10/28/2022Page 1 of 3
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22-1124 Agenda Date: 11/1/2022
each year as a special insert in Santa Clara Weekly and is also available on the City website. A chart outlining the one constituent which has exceeded the PHG or MCLG, and their associated limits, follows:
Constituent MCL (ppb) PHG (ppb) City’s Results
(ppb)
Arsenic (ppb) 10 0.004 ND - 1.7
MCL = Maximum Contaminant Level
PHG = Public Health Goal
ND = Not Detectable
ppb = parts per billion
Arsenic exceeding the PHG level was at very low levels and below the associated MCL. The drinking water quality of the City of Santa Clara’s water supply meets all SWRCB and USEPA drinking water standards (MCLs) set to protect public health. The effectiveness of treatment processes to provide any significant reductions in constituent levels is uncertain and the health protection benefits of these further hypothetical reductions are not clear and may not be quantifiable. Therefore, no additional actions are proposed.
This agenda item serves to meet the City’s obligation under Health and Safety Code Section 116470, which requires the preparation of a brief written report in plain language if one or more PHGs are exceeded. Section 116470 also requires a public hearing be held to accept and respond to public comments on the 2022 PHG Report.
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 to produce the 2022 PHG Report.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
Public Notice of the November 1, 2022 Council hearing was published in the Santa Clara Weekly, a newspaper of general circulation, on October 19, 2022.
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22-1124 Agenda Date: 11/1/2022
RECOMMENDATION
Accept the 2022 Report on the City’s Water Quality Relative to Public Health Goals.
Reviewed by: Gary Welling, Director, Water & Sewer Utilities Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. 2022 Report on the City’s Water Quality Relative to Public Health Goals City of Santa Clara Printed on 10/28/2022Page 3 of 3
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City of Santa Clara I 2022 Public Health Goals Report
2022 Report on Water Quality
Relative to Public Health Goals
(2022 Public Health Goals
Report)
City of Santa Clara Water and Sewer Utilities
for Compliance with California Health and Safety Code Section 116470(b)
City of Santa Clara II 2022 Public Health Goals Report
TABLE OF CONTENTS
1. BACKGROUND ..................................................................................................................... 3
1.1 What are MCLs, PHGs, and MCLGs? ................................................................................... 3
1.2 City of Santa Clara’s Water Quality Data: ........................................................................... 3
1.3 Best Available Treatment (BAT) Te chnology and Cost Estimates: ...................................... 4
2. CONSTITUENT DETECTED THAT EXCEED A PHG OR MCLG: ................................................ 4
2.1 Arsenic: .................................................................................................................. ............. 4
2.2 Recommendations for Further Actions: ............................................................................. 5 ATTACHMENT 1 ............................................................................................................................... 6 MCLs, DLRs, and PHGs ..................................................................................................................... 6 ATTACHMENT 2 ............................................................................................................................... 7 California Health and Safety Code ................................................................................................... 7 ATTACHMENT 3 ............................................................................................................................... 8 City of Santa Clara Consumer Confidence Reports: ......................................................................... 8
City of Santa Clara 3 2022 Public Health Goals Report
1. BACKGROUND
The California Safe Drinking Water Act mandates that larger water utilities (greater than 10,000 service connections) must prepare and complete a report every 3 years if any water quality measurements have exceeded a Public Health Goal (PHG). The last PHG Report for Santa Clara was completed in 2019. PHGs are non-enforceable goals established by the state Office of Environmental Health Hazard Assessment (OEHHA). Where OEHHA has not adopted a PHG for a particular constituent, the Safe Drinking Water Act directs water suppliers to use federal Maximum Contaminant Level Goals (MCLGs) previously adopted by the United States Environmental Protection Agency (USEPA), if available. The report is to address constituents which have a California primary drinking water standard Maximum Contaminant Level (MCL) and for which either a PHG or MCLG has been set and exceeded.
Pursuant to the Safe Drinking Water Act, this report lists all constituents detected in the City's water supply from 2019 through 2021 at levels exceeding an applicable PHG or MCLG. Included in the report are the following:
x The numerical public health risk associated with the MCL and PHG or MCLG, x The category or type of risk to health that could be associated with each constituent, x The best treatment technology available that could be used to reduce the constituent level, and x An estimate of the cost to install that treatment if it is appropriate and feasible.
1.1 What are MCLs, PHGs, and MCLGs?
The USEPA and the State Water Resources Control Board (SWRCB) establish MCLs at very conservative levels to provide protection to consumers against all risks, excluding very low to negligible risks. In other words, MCLs are the regulatory definition of what is “safe.” MCLGs (set by USEPA) and PHGs (set by OEHHA) are often set at very low levels depending on the established health risk. Determination of health risks at these low levels are frequently theoretical, based on risk assessments with multiple assumptions and mathematical extrapolations. The USEPA sometimes sets MCLGs at zero, while recognizing that zero is an unattainable goal and cannot be measured practically by the available analytical methods. None of the realistic risk-management factors that are considered by the USEPA, or the SWRCB, in setting drinking water standards (MCLs) are considered in setting PHGs. These practical risk management factors include analytical detection capability, treatment technology available, benefits, and costs. The PHGs and MCLGs are not enforceable.
1.2 City of Santa Clara’s Water Quality Data:
All of the water quality data collected by the City of Santa Clara’s Water Utility from 2019 through 2021, for purposes of determining compliance with drinking water standards, have been considered in this report. These data have also been summarized in our Consumer Confidence Reports (CCRs) 2020, 2021, and 2022. The CCR is mailed as a newspaper insert annually to all of our utility billing customers during City of Santa Clara 4 2022 Public Health Goals Report
the month of June and represents water quality data collected from January to December of the previous year.
The Association of California Water Agencies (ACWA) formed a workgroup which prepared guidelines for water utilities to use in preparing required PHG reports. The ACWA guidelines were used in the preparation of this report. No guidance was available from state regulatory agencies.
1.3 Best Available Treatment (BAT) Technology and Cost Estimates:
Both the USEPA and the SWRCB have adopted what are known as Best Available Technologies (BATs), which are the best available methods of reducing contaminant concentrations to permissible MCLs.
However, neither USEPA nor SWRCB have adopted or defined BATs to reach extremely low levels established by the PHGs and MCLGs, and such technologies may not realistically be available.
Accurate cost estimates are difficult, if not impossible, and are highly speculative and theoretical.
Therefore, they have limited value and may not warrant a significant investment of agency time and money. Moreover, in some cases, installing treatment to try and further reduce very low levels of one constituent may have adverse effects on other aspects of water quality.
2. CONSTITUENT DETECTED THAT EXCEED A PHG OR
MCLG:
The City detected arsenic in the distribution system, or source water for the distribution system, at levels above the applicable PHG or MCLG. The report would include any PHG or MCLG that was exceeded in one or more of our drinking water sources, if that had occurred.
2.1 Arsenic:
The PHG for arsenic is set at 0.004 parts per billion (ppb) by OEHHA. The PHG is set at a level that is lower than the 2.0 ppb detection limit currently achievable for that analysis. The current MCL for Arsenic is set at 10.0 ppb. Arsenic is a carcinogen and the risk of getting cancer from drinking water for a lifetime at the PHG level is one person in one million, whereas the risk of getting cancer from drinking water for a lifetime at the MCL level is 2.5 people per one thousand (or 5 people per two thousand). All of the City’s water sources are in full compliance with this limit. 2019 to 2021 Arsenic Results
Range of Results (ppb) MCL (ppb) PHG (ppb)
ND – 1.7 10 0.004
The identified BAT methods for removing arsenic from drinking water include granular ferric oxide resin (GFO) adsorption, coagulation/filtration, ion exchange, reverse osmosis (RO), and oxidation/filtration.
For the purpose of evaluating the cost implications for treatment of arsenic, RO was selected as the City of Santa Clara 5 2022 Public Health Goals Report
proposed treatment. Reverse Osmosis (RO) is also identified as the BAT for a number of other inorganic chemicals and can provide treatment for a number of constituents in addition to arsenic.
Reverse osmosis (RO) is an effective and commonly used treatment system in drinking water and wastewater applications. The RO process uses a membrane filter that requires high water pressure to allow water molecules to pass through and other chemicals to remain producing two streams: the treated water and the concentrated wastewater stream. The cost to provide RO treatment ranges from $2.03 to $8.04 per 1,000 gallons of water treated according to the ACWA guidance. This cost does not include the cost for design, planning, permitting, and waste disposal, which can increase total costs substantially. In 2021, the City used approximately 9,816 acre-feet of groundwater. This translates to approximately 8.8 million gallons per day. At this rate, the cost to provide RO treatment for all groundwater used by the City would range from $6.5 million to $25.7 million annually. TheĂĐƚƵĂůĐŽƐƚ ǁŽƵůĚůŝŬĞůLJďĞĂƚƚŚĞĞŶĚŽĨƚŚĂƚƌĂŶŐĞ͕as each groundwater well will require a separate treatment uniƚ͘ Assuming that all groundwater wells would be treated, the $25.7million would represent a worst- case estimate. Based on these assumptions, and the 2021 population of 130,746, the annual cost implication per person would be approximately $197 annually.
This treatment option produces wastewater and treatment byproducts which must be disposed of properly. In addition, this treatment option may not be capable of meeting the PHG though it is identified as a BAT for the purpose of meeting the MCL. The MCL of 10 ppb for arsenic is a significantly higher than the PHG of 0.004 ppb for arsenic. The MCL is what has been determined as ‘safe’ from a regulatory standpoint, and which is enforceable. Also, since current analytical technology is not capable of measuring concentrations as low as the PHG, it would be impossible to verify that compliance with the PHG was achieved even if treatment was installed.
Since the City is in compliance with both the State and Federal limit for arsenic, there is no plan to install additional treatment. Arsenic results are summarized in the water quality data table found in the City’s 2020 CCR, 2021 CCR, and 2022 CCR as documentation of compliance with the Safe Drinking Water Act.
2.2 Recommendations for Further Actions:
The drinking water quality of the City of Santa Clara’s water supply meets all SWRCB and USEPA drinking water standards set to protect public health. To further reduce the levels of the constituents identified in this report below the level that the state has already determined to meet the regulatory definition of “safe drinking water” would require very costly treatment processes. The large financial outlay required for additional treatment processes and the effectiveness of the treatment processes to provide any significant reductions in constituent levels at these already low values is uncertain and would merely mean that the already safe drinking water is slightly safer, however the health protection benefits of these further hypothetical reductions are not at all clear and may not be quantifiable. Therefore, no action is proposed at this time.
City of Santa Clara 6 2022 Public Health Goals Report
ATTACHMENT 1
MCLs, DLRs, and PHGs
Table 2 – PHG, DLR, and MCL
Constituent MCL DLR PHG
Arsenic 10 ppb 2 ppb 0.004 ppb
MCL = Maximum Contaminant Level
DLR = Detection Limit for the Purpose of Reporting
PHG = Public Health Goal
Source: California State Water Resources Control Board: Comparison of MCLs and PHGs for Regulated Contaminants in Drinking Water
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/MCLsandPHGs.html Last Update: September 14, 2021
MCLs, DLRs, PHGs, for Regulated Drinking Water Contaminants (Units are in milligrams per liter (mg/L), unless otherwise noted.) Last Update: September 14, 2021
The following tables includes California’s maximum contaminant levels (MCLs), detection limits for purposes of reporting (DLRs), public health goals (PHGs) from the Office of Environmental Health Hazard Assessment (OEHHA). For comparison, Federal MCLs and Maximum Contaminant Level Goals (MCLGs) (USEPA) are also displayed.
Inorganic Chemicals Table, Chemicals with MCLs in 22 CCR §64431 State Regulated
Inorganic Chemical
Contaminant
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Aluminum 1 0.05 0.6 2001 -- --
Antimony 0.006 0.006 0.001 2016 0.006 0.006
Arsenic 0.010 0.002 0.000004 2004 0.010 zero
Asbestos (MFL =
million fibers per liter;
for fibers >10
microns long)
7 MFL 0.2 MFL 7 MFL 2003 7 MFL 7 MFL
Barium 1 0.1 2 2003 2 2
Beryllium 0.004 0.001 0.001 2003 0.004 0.004
Cadmium 0.005 0.001 0.00004 2006 0.005 0.005
Chromium, Total -
OEHHA withdrew the
0.0025
-mg/L PHG
0.05 0.01 withdrawn
Nov. 2001
1999 0.1 0.1
State Regulated
Inorganic Chemical
Contaminant
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Chromium,
Hexavalent - 0.01-
mg/L MCL & 0.001-
mg/L DLR repealed
September 2017
-- -- 0.00002 2011 -- --
Cyanide 0.15 0.1 0.15 1997 0.2 0.2
Fluoride 2 0.1 1 1997 4.0 4.0
Mercury (inorganic) 0.002 0.001 0.0012 1999
(rev2005)*
0.002 0.002
Nickel 0.1 0.01 0.012 2001 -- --
Nitrate (as nitrogen,
N)
10 as N 0.4 45 as NO3
(=10 as N)
2018 10 10
Nitrite (as N) 1 as N 0.4 1 as N 2018 1 1
Nitrate + Nitrite (as
N)
10 as N -- 10 as N 2018 -- --
Perchlorate 0.006 0.002 0.001 2015 -- --
Selenium 0.05 0.005 0.03 2010 0.05 0.05
Thallium 0.002 0.001 0.0001 1999
(rev2004)
0.002 0.0005
Copper and Lead Table, 22 CCR §64672.3
Values referred to as MCLs for lead and copper are not actually MCLs; instead, they are called “Action Levels” under the lead and copper rule.
State Regulated
Copper and Lead
Contaminant
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
Copper 1.3 0.05 0.3 2008 1.3 1.3
Lead 0.015 0.005 0.0002 2009 0.015 zero
Radiological Table, Radionuclides with MCLs in 22 CCR §64441 and §64443 [units are picocuries per liter (pCi/L), unless otherwise state; n/a = not applicable] State Regulated
Radionuclides
Contaminant
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
Gross alpha particle
activity - OEHHA
concluded in 2003 that
a PHG was not
practical
15 3 none n/a 15 zero
Gross beta particle
activity - OEHHA
concluded in 2003 that
a PHG was not
practical
4 mrem/yr
4 none n/a 4
mrem/yr
zero
Radium-226 -- 1 0.05 2006
Radium-228 -- 1 0.019 2006
Radium-226 + Radium- 5 -- -- -- 5 zero
State Regulated
Radionuclides
Contaminant
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
228
Strontium-90 8 2 0.35 2006 -- --
Tritium "20,000" "1,000" 400 2006 -- --
Uranium 20 1 0.43 2001 30 μg/L zero
Organic Chemicals Table, Chemicals with MCLs in 22 CCR §64444 Volatile Organic Chemicals (VOCs)
State Regulated
Volatile Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Benzene 0.001 0.0005 0.00015 2001 0.005 zero
Carbon tetrachloride 0.0005 0.0005 0.0001 2000 0.005 zero 1,2-Dichlorobenzene 0.6 0.0005 0.6 1997
(rev2009)
0.6 0.6
1,4-Dichlorobenzene (p-
DCB)
0.005 0.0005 0.006 1997 0.075 0.075
1,1-Dichloroethane
(1,1-DCA)
0.005 0.0005 0.003 2003 -- --
1,2-Dichloroethane
(1,2-DCA)
0.0005 0.0005 0.0004 1999
(rev2005)
0.005 zero
State Regulated
Volatile Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
1,1-Dichloroethylene
(1,1-DCE)
0.006 0.0005 0.01 1999 0.007 0.007
cis-1,2-Dichloroethylene 0.006 0.0005 0.013 2018 0.07 0.07 trans-1,2-
Dichloroethylene
0.01 0.0005 0.05 2018 0.1 0.1
Dichloromethane
(Methylene chloride)
0.005 0.0005 0.004 2000 0.005 zero
1,2-Dichloropropane 0.005 0.0005 0.0005 1999 0.005 zero 1,3-Dichloropropene 0.0005 0.0005 0.0002 1999
(rev2006)
-- --
Ethylbenzene 0.3 0.0005 0.3 1997 0.7 0.7
Methyl tertiary butyl
ether (MTBE)
0.013 0.003 0.013 1999 -- --
Monochlorobenzene 0.07 0.0005 0.07 2014 0.1 0.1
Styrene 0.1 0.0005 0.0005 2010 0.1 0.1
1,1,2,2-
Tetrachloroethane
0.001 0.0005 0.0001 2003 0.1 0.1
Tetrachloroethylene
(PCE)
0.005 0.0005 0.00006 2001 0.005 zero
State Regulated
Volatile Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Toluene 0.15 0.0005 0.15 1999 1 1
1,2,4-Trichlorobenzene 0.005 0.0005 0.005 1999 0.07 0.07 1,1,1-Trichloroethane
(1,1,1-TCA)
0.200 0.0005 1 2006 0.2 0.2
1,1,2-Trichloroethane
(1,1,2-TCA)
0.005 0.0005 0.0003 2006 0.005 0.003
Trichloroethylene (TCE) 0.005 0.0005 0.0017 2009 0.005 zero Trichlorofluoromethane
(Freon 11)
0.15 0.005 1.3 2014 -- --
"1,1,2-Trichloro-1,2,2-
Trifluoroethane (Freon
113)"
1.2 0.01 4 1997
(rev2011)
-- --
Vinyl chloride 0.0005 0.0005 0.00005 2000 0.002 zero
Xylenes 1.750 0.0005 1.8 1997 10 10
Non-Volatile Synthetic Organic Chemicals (SOCs)
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Alachlor 0.002 0.001 0.004 1997 0.002 zero
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Atrazine 0.001 0.0005 0.00015 1999 0.003 0.003
Bentazon 0.018 0.002 0.2 1999
(rev2009)
-- --
Benzo(a)pyrene 0.0002 0.0001 0.000007 2010 0.0002 zero
Carbofuran 0.018 0.005 0.0007 2016 0.04 0.04
Chlordane 0.0001 0.0001 0.00003 1997
(rev2006)
0.002 zero
Dalapon 0.2 0.01 0.79 1997
(rev2009)
0.2 0.2
1,2-Dibromo-3-
chloropropane
(DBCP)
0.0002 0.00001 0.000003 2020 0.0002 zero
2,4-
Dichlorophenoxyaceti
c acid (2,4-D)
0.07 0.01 0.02 2009 0.07 0.07
Di(2-
ethylhexyl)adipate
0.4 0.005 0.2 2003 0.4 0.4
Di(2-
ethylhexyl)phthalate
(DEHP)
0.004 0.003 0.012 1997 0.006 zero
Dinoseb 0.007 0.002 0.014 1997 0.007 0.007
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
(rev2010)
Diquat 0.02 0.004 0.006 2016 0.02 0.02
Endothal 0.1 0.045 0.094 2014 0.1 0.1
Endrin 0.002 0.0001 0.0003 2016 0.002 0.002
Ethylene dibromide
(EDB)
0.00005 0.00002 0.00001 2003 0.0000
5 zero
Glyphosate 0.7 0.025 0.9 2007 0.7 0.7
Heptachlor 0.00001 0.00001 0.000008 1999 0.0004 zero
Heptachlor epoxide 0.00001 0.00001 0.000006 1999 0.0002 zero Hexachlorobenzene 0.001 0.0005 0.00003 2003 0.001 zero
Hexachlorocyclopent
adiene
0.05 0.001 0.002 2014 0.05 0.05
Lindane 0.0002 0.0002 0.000032 1999
(rev2005)
0.0002 0.0002
Methoxychlor 0.03 0.01 0.00009 2010 0.04 0.04
Molinate 0.02 0.002 0.001 2008 -- --
Oxamyl 0.05 0.02 0.026 2009 0.2 0.2
State Regulated
Non-Volatile
Synthetic Organic
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
Pentachlorophenol 0.001 0.0002 0.0003 2009 0.001 zero
Picloram 0.5 0.001 0.166 2016 0.5 0.5
Polychlorinated
biphenyls (PCBs)
0.0005 0.0005 0.00009 2007 0.0005 zero
Simazine 0.004 0.001 0.004 2001 0.004 0.004
Thiobencarb 0.07 0.001 0.042 2016 -- --
Toxaphene 0.003 0.001 0.00003 2003 0.003 zero
1,2,3-
Trichloropropane
0.00000
5 0.00000
5 0.0000007 2009 -- --
2,3,7,8-TCDD
(dioxin)
3x10-8 5x10-9 5x10-11 2010 3x10-8 zero
2,4,5-TP (Silvex) 0.05 0.001 0.003 2014 0.05 0.05
Disinfection Byproducts Table, Chemicals with MCLs in 22 CCR §64533 State Regulated
Disinfection
Byproducts
Contaminants
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
Total Trihalomethanes 0.080 -- -- -- 0.080 --
State Regulated
Disinfection
Byproducts
Contaminants
State
MCL
State
DLR
State
PHG
State
Date of
PHG
Federal
MCL
Federal
MCLG
Bromodichloromethane -- 0.0010 0.00006 2020 -- zero
Bromoform -- 0.0010 0.0005 2020 -- zero
Chloroform -- 0.0010 0.0004 2020 -- 0.07
Dibromochloromethane -- 0.0010 0.0001 2020 -- 0.06
Haloacetic Acids (five)
(HAA5)
0.060 -- -- -- 0.060 --
Monochloroacetic Acid -- 0.0020 -- -- -- 0.07
Dichloroacetic Adic -- 0.0010 -- -- -- zero
Trichloroacetic Acid -- 0.0010 -- -- -- 0.02
Monobromoacetic Acid -- 0.0010 -- -- -- --
Dibromoacetic Acid -- 0.0010 -- -- -- --
Bromate 0.010 0.0050** 0.0001 2009 0.01 zero
Chlorite 1.0 0.020 0.05 2009 1 0.8
Chemicals with PHGs established in response to DDW requests. These are not currently regulated drinking water contaminants.
State Regulated
Disinfection
Byproducts
Contaminants
State
MCL
State
DLR
State PHG State
Date of
PHG
Federal
MCL
Federal
MCLG
N-Nitrosodimethylamine
(NDMA)
-- -- 0.000003 2006 -- --
*OEHHA's review of this chemical during the year indicated (rev20XX) resulted in no change in the PHG.
**The DLR for Bromate is 0.0010 mg/L for analysis performed using EPA Method 317.0 Revision 2.0, 321.8, or 326.0.
City of Santa Clara 7 2022 Public Health Goals Report
ATTACHMENT 2
California Health and Safety Code
Section §116470. Public Health Goal Report
(b) On or before July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections that detect one or more contaminants in drinking water that exceed the applicable public health goal, shall prepare a brief written report in plain language that does all of the following:
(1) Identifies each contaminant detected in drinking water that exceeds the applicable public health goal. (2) Discloses the numerical public health risk, determined by the office, associated with the maximum contaminant level for each contaminant identified in paragraph (1) and the numerical public health risk determined by the office associated with the public health goal for that contaminant. (3) Identifies the category of risk to public health, including, but not limited to, carcinogenic, mutagenic, teratogenic, and acute toxicity, associated with exposure to the contaminant in drinking water, and includes a brief plainly worded description of these terms. (4) Describes the best available technology, if any is then available on a commercial basis, to remove the contaminant or reduce the concentration of the contaminant. The public water system may, solely at its own discretion, briefly describe actions that have been taken on its own, or by other entities, to prevent the introduction of the contaminant into drinking water supplies. (5) Estimates the aggregate cost and the cost per customer of utilizing the technology described in paragraph (4), if any, to reduce the concentration of that contaminant in drinking water to a level at or below the public health goal.
(6) Briefly describes what action, if any, the local water purveyor intends to take to reduce the concentration of the contaminant in public drinking water supplies and the basis for that decision.
City of Santa Clara 8 2022 Public Health Goals Report
ATTACHMENT 3
City of Santa Clara Consumer Confidence Reports:
x Consumer Confidence Report 2020
x Consumer Confidence Report 2021
x Consumer Confidence Report 2022
PAGE 5 | INSIDE SANTA CLARA | SUMMER 2020
Water Quality
Consumer
&RQŔGHQFH
Report 2020
This report adheres to the requirements of the Safe Drinking Water Act and State regulations. Although the water you receive is tested for more than 100 potential contaminants and 48 other parameters, the majority of the potential contaminants are never detected. To simplify the CCR, only the constituents that were detected in at least one water source appear in the water quality table. We are also required by the State Water Board to provide additional information about certain constituents that appear on the water quality table even though our water meets all applicable drinking water standards. The State allows us to monitor for some contaminants less than once per year because the concentrations of these contaminants do not change frequently.
Some of our data, though representative, are more than one year old.
The City of Santa Clara is committed
to providing our customers with a safe
and reliable supply of high-quality
drinking water.
Each year
we publish a water quality SFQPSUcalled the Consumer Confidence Report (CCR). It contains the latest water-quality monitoring results obtained through the end of 2019. The CCR answers some of the most common water-quality questions asked by our customers.
To ensure our water is safe to drink, the U.S. Environmental Protection Agency (USEPA) and the State Water Resources Control Board (State Water Board) prescribe regulations that limit the amount of specific contaminants in water provided by public water utility. The U.S. Food and Drug Administration regulations and California law establishes limits for contaminants in bottled water that provide the same protection for public health.
Some people may be more vulnerable to contaminants in drinking water than the general population.
Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. USEPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium, and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791).
INFORMATION AND
GUIDANCE FOR PEOPLE
WITH COMPROMISED
IMMUNE SYSTEMS:
Report
Contains
Water Quality
Monitoring
Results
Drinking Water Must Meet Standards
The Federal Government carefully regulates the quality of drinking water.
In 1974, Congress passed the Safe Drinking Water Act, requiring the USEPA to establish uniform standards for drinking water. The Safe Drinking Water Act was further amended in 1986 and 1996, adding even more stringent standards. In California, these standards are enforced by State Water Resources Control Board, Division of Drinking Water.
There are two types of drinking water standards. PRIMARY STANDARDS are designed to protect public health by specifying the limits, called “Maximum Contaminant Levels” (MCLs) for substances in water that may be harmful to humans or affect their health if consumed in large quantities. SECONDARY STANDARDS are based on aesthetic qualities of water such as color, taste and odor. These standards specify limits for substances that may affect consumer acceptance of the water. Both Primary and Secondary Standards are listed in this CCR.
It is important to the City of Santa Clara that our water customers have current and factual information about your water supply. 5he goal of the CCR is to strengthen our customer’s confidence in the quality and integrity of the water supplied by the City of Santa Clara. We take pride in delivering safe, and high-quality water.
Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this public notice in a public place or distributing copies by hand or mail.
PAGE 2 | THE ANNUAL CONSUMER CONFIDENCE REPORT | SUMMER 2020 Source Water Information
Q: Where does our water come from?
A: The City of Santa Clara has three separate sources of drinking water.
Often, these sour
ces are used interchangeably or are blended. Altogether our water sources provide an average of 16 million gallons of water per day to the homes, businesses, industries and institutions of Santa Clara. In 2019, about 45% of our water was treated surface water purchased from the Santa Clara Valley Water District (Valley Wa ter), imported from the Sacramento-San Joaquin Delta, and the San Francisco Public Utility Commission’s (SFPUC) Hetch-Hetchy System, imported from the Sierra Nevada Mountains.
Water purchased from Valley Water serves the southwesterly portion of the City primarily SFPUC Hetch-Hetchy water typically serves the area north of Highway 101. The City’s system of 21 active wells supplies the remaining 55% of Santa Clara. The map shows the areas served by our three water sources.
CITY WELLS
More than half of water consumed in the City of Santa Clara is pumped from the City’s system of deep wells. Well water is pulled up from groundwater (water that is located in aquifers which are water-filled spaces between sand, gravel, silt and clay) deep in the ground. Rainwater replenishes aquifers by rainwater infiltrating down into the ground.
HETCH HETCHY SYSTEM
The City purchases water from the Hetch Hetchy System. The San Francisco Regional Water System (SFRWS) conducts watershed sanitary surveys for the Hetch Hetchy source annually and for local water sources and Upcounty Non-Hetch Hetchy Sources (UNHHS) every five years. The latest local sanitary survey was completed in 2016 for the period of 2011-2015. The last watershed sanitary survey for UNHHS was conducted in 2015 as part of SFRWS’s drought-response plan. All these surveys, together with the stringent watershed protection management activities, were completed by SFRWS with support from partner agencies, including National Park Service and US Forest Service. The purposes of the surveys ar e to evaluate the sanitary conditions and water quality of the watersheds and to review the results of watershed management activities conducted in the preceding years. Wildlife, stock, and human activities continue to be the potential contamination sources. Contact the San Francisco District Office of the State Water Resources Control Board’s Division of Drinking Water (SWRCB-DDW) at 510-620-3474 to review the reports.
SANTA CLARA VALLEY WATER DISTRICT
The Santa Clara Valley Water District, also rebranded as Valley Water, provides treated surface water to the Silicon Valley from three water treatment plants.
Valley Water imports the majority of the surface water from the South Bay Aqueduct, Dyer Reservoir, Lake Del Valle, and San Luis Reservoir, which all draw water from the Sacramento - San Joaquin Delta watershed. Valley Water’s local water sources include Anderson and Calero Reservoirs.
Valley Water’s source waters are vulnerable to potential contamination from a variety of land-use practices, such as agricultural and urban runoff, recreational activities, livestock grazing, and residential and industrial development. The imported sources are also vulnerable to wastewater treatment plant discharges, seawater intrusion, and wildfires in open space areas. Local sources are also vulnerable to potential contamination from commercial stables and historic mining practices. No contaminant associated with any of these activities were detected in Valley Water’s treated water.
The water treatment plants provide multiple barriers for the physical removal of contaminants and disinfection of pathogens. For more information, visit Valley Water’s website at valleywater.org
SFPUC Hetch
Hetchy Systema SCVWD Treated
Surface Waterc
City of Santa Clara
Groundwater
b
City of Santa Clara, California
Q: Is fluoride added to our water?
A: Fluoride is nature’s cavity fighter. Fluoridation adjusts the naturally occurring fluoride in drinking w
ater to the ideal level for protecting your teeth.
Fluoridated drinking water benefits people of all ages by preventing tooth decay.
In November of 2005, the SFPUC Hetch Hetchy system completed construction of a fluoridation facility in the East Bay. The water purchased by the City from the SFPUC is fluoridated, while water from Valley Water is not fluoridated. If your zip code is 95054, you are in the area receiving fluoridated water. However, this area is also served by well water that has not been fluoridated. Refer to the map in this CCR that shows the area supplied with water from both the Hetch-Hetchy system and the City’s wells. Most of the City will continue to receive water without fluoride added.
State law requires the addition of fluoride to all water systems in California serving 10,000 customers or more. In 2021, Valley Water plans to add fluoridation to the Rinconada Water Treatment Plant, which services the southern part of Santa Clara. Fluoridation of the remaining water sources in the City would require the installation of fluoride injecting equipment at each of the City’s 21 active wells. The law includes a provision for state funds to finance this fluoridation equipment; however, it may be some time before the state can provide funding to move forward with a fluoridation program for the remainder of the City.
Contact your health provider if you have concerns about dental fluorosis. For additional information about fluoridation or oral health, visit the CDC website cdc
.gov/fluoridation or the State Water Board websit e w aterboards.ca.gov/ drinking_water/certlic/drinkingwater/Fluoridation.shtml.
Some Santa Clara Water
is Flouridated
Water Quality Monitoring
INFORMATION ABOUT THE DRINKING WATER SOURCE
ASSESSMENT AND PROTECTION PROGRAM:
The City completed a Drinking Water Source Assessment and Protection (DWSAP) Program for the groundwater sources. The DWSAP was completed in August 2002 and submitted to the State Water Board in December 2002.
A copy of the DWSAP is available at the City’s Water Utility offices at 1500 Warburton Avenue, Santa Clara. To request a summary of the individual assessments, contact the Water Utility at 408-615-2000 or by email at [email protected].
The City’s groundwater sources are considered most vulnerable to contamination b
y leaking underground tank s containing fuel or dry-cleaning chemicals; old, unrecorded septic systems; storm drain dry wells located at various places around the City; many old, shallow, private wells, abandoned and not correctly destroyed; and possibly some contaminants from a small landfill dump left over from the early years of the 20th century. (continued on next page)
0 1/2 1
•
PAGE 3 | THE ANNUAL CONSUMER CONFIDENCE REPORT | SUMMER 2020 LEAD
There have been no exceedances of the ACTION LEVEL for lead in the City of Santa Clara groundwater sources or supplies purchased from other agencies.
It is possible for lead levels in your home to be higher than other houses in the community because of plumbing materials used in the original construction of your home. If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City of Santa Clara is responsible for providing high-quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested.
Information on lead in drinking water, testing methods, and steps you can take to minimize exposure are available from the Safe Drinking Water Hotline (1-800-426-4791) or at epa.gov/lead.
SCHOOL LEAD TESTING
As of January 2018, State law requires water suppliers to sample all schools on public land by mid-2019. As of April 2019, City staff has completed all required sampling and provided results to the school districts following the testing. All samples except for one taken at John Sutter Elementary School were well below the EPA action level for lead of 15 parts per billion (ppb). The fixture was immediately taken out of service and replaced by SCUSD staff, resampling at the site resulted in a ND (non-detect) for lead. Please contact your school administrator for information about lead testing and results for your local school. For additional information visit: waterboards.ca.gov/ drinking_w
ater/certlic/drinkingwater/leadsamplinginschools.html
“NITRATES” - INFORMATION ABOUT NITRATES IN
GROUNDWATER RESOURCES:
Nitrate in drinking water at levels above 10 mg/L is a health risk for infants less than six months old. Such nitrate levels in drinking water can interfere with the capacity of the infant’s blood to carry oxygen, resulting in serious illness; symptoms include shortness of breath and blueness of the skin. Nitrate levels above 10 mg/L may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies. If you are caring for an infant, or you are pregnant, you should ask for advice from your health care provider.
Cryptosporidium and Giardia in water resources:
Cryptosporidiosis is a disease of the intestinal tract brought on by a parasitic micr
obe (a protozoan) called Cryptosporidium. The disease is transmitted through contaminated water, food or direct contact with human or animal waste. If you are healthy with a normal immune system, the flu-like symptoms usually last about two weeks. Symptoms include diarrhea, stomach cramps, upset stomach and slight fever. However, immuno-compromised people, infants, small children, and the elderly are at greater risk of developing life- threatening illness.
The water purchased by the City from the San Francisco Public Utilities Commission (SFPUC) Hetch Hetchy system has been tested for Cryptosporidium and Giardia. The source waters and treated waters are tested at least monthly and occasionally show very low levels of Cryptosporidium in the waters serving the East Bay, South Bay and San Francisco Peninsula.
Giardia, another parasitic organism causing similar symptoms, is monitored with the same frequency and very low levels are occasionally detected in the same source waters.
The general public is at very low risk and there have been no reported cases of Cryptosporidiosis and Giardiasis attributed to the City’s public water supply.
This advisory applies to water received from the Hetch Hetchy system in the area of the City north of Highway 101. The CDPH issues guidance for people with serious immune system problems. Currently, available guidance from the state and county health agencies recommends that people with such conditions consult with their doctor or primary health care provider about preventing Cryptosporidium and Giardia infection from all potential sources.
Water consumers may choose to boil their drinking water at a rolling boil for at least one minute as an extra precaution.
For information about Cryptosporidiosis and Giardiasis, or copies of available guidance, contact the Santa Clara County Department of Environmental Health at 408-918-3400. You may also contact the USEPA Drinking Water Hotline at 1-800-426-4791.
Contaminants that occur in drinking water obtained from surface sources and under
ground sources:
Sources of drinking water (both tap water and bottled w ater) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or human activity.
Contaminants that may be present in source water include:
•
Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife;
• Inorganic contaminants such as salts and metals, that can be naturally- occurring or resulting from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining or farming; • Pesticides and herbicides, that may come from a variety of sources such as agriculture, urban stormwater runoff and residential uses; • Organic chemical contaminants including synthetic and volatile organic chemicals. that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems;
• Radioactive contaminants, that can be naturally occurring or be the result of oil and gas production and mining activities.
In order to ensure that tap water is safe to drink, the U.S Environmental Protection Agency (USEPA) and the State Water Resources Control Board (State Water Board) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health.
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA’s Safe Drinking Water Hotline at 1-800-426-4791.
City of Santa Clara
1500 Warburton Ave.
Santa Clara, CA 95050
408-615-2200
SantaClaraCA.gov
Water Utility
1500 Warburton Ave.
Santa Clara, CA 95050
Office hours: 8 a.m.–5 p.m.,
Monday-Friday
408-615-2000
Water Billing Questions
408-615-2300
Water Quality Report Questions
Diane Asuncion
408-615-2000
[email protected]
Water Emergencies
408-615-2000 Monday-Friday,
8 a.m.-5 p.m.
408-615-5640 other days and times
Water Conservation
Save20gallons.org
408-630-2554 – Water Conservation
Hotline and Rebate Information
Sign up for a free Water-Wise House
Call from Valley Water by calling
1-800-548-1882
Web Resources:
If you would like to learn more about drinking
water quality, treatment and regulation,
contact these organizations:
American Water Works Association:
awwa.org
State Water Resources Control Board,
Division of Drinking Water:
waterboards.ca.gov/drinking_water/
programs/index.shtml
United States Environmental Protection
Agency:
water.epa.gov/drink/index.cfm
San Francisco Public Utilities Commission,
Water Quality Bureau:
sfwater.org/index.aspx?page=163
Valley Water:
valleywater.org
Water Education Foundation:
watereducation.org
Water Quality Information Center:
XXXOBMVTEBHPWGOJDXBUFS
Public Input
To provide input on decisions that affect
drinking water quality, contact the Santa Clara
City Council via mail, email or phone, or attend
a City Council meeting. A list of all City Council
meetings and agenda items are available on
the City website, SantaClaraCA.gov.
eNotify
Sign up to receive news from the Water Utility
SantaClaraCA.gov/enotify
For Additional Information On Water Quality
Cityof
Santa Clara
TheCentetofWhat'aPo11ible
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Primary Drinking Water Standard (PDWS) = MCLs and MRDLs for contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements.
MAXIMUM CONTAMINANT LEVEL (MCL) = The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.
MAXIMUM CONTAMINANT LEVEL GOAL (MCLG) = The level of
a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U.S. Environmental Protection Agency.
MAXIMUM RESIDUAL DISINFECTANT LEVEL (MRDL) = The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.
MAXIMUM RESIDUAL DISINFECTANT LEVEL GOAL (MRDLG) =
The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
PUBLIC HEALTH GOAL (PHG) = The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency.
REGULATORY ACTION LEVEL (AL) = The concentration of a
contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.
TREATMENT TECHNIQUE (TT) = A required process intended to reduce the level of a contaminant in drinking water.
UNREGULATED CONTAMINANTS = Unregulated contaminant
monitoring helps EPA and State Water Resources Control Board to determine where certain contaminants occur and whether the contaminants need to be regulated.
pCi/L = picocuries per liter (a measure of radioactivity) PPM = Parts Per Million
PPB = Parts Per Billion
P = Present
A = Absent
<DLR = less than Detection Limit for Reporting
DISTRIBUTION SYSTEM = drinking water delivery system
RESIDENTIAL TAPS = household faucets used for lead and copper sampling DISINFECTION BYPRODUCTS = chemical by products of disinfection SECONDARY STANDARDS = secondary MCLs are set to protect the aesthetics of drinking water
NTU = Nephelometric Turbidity Unit. Turbidity is a measure of the cloudiness of the water. We monitor it because it is a good indicator of water quality.
uS/cm = microSiemens per centimeter
NA = not applicable or available
ND = not detected
NS = no standard
Copper and Lead Tap Monitoring was performed at 77 residential taps in September-October 2019.
HARDNESS = the sum of polyvalent cations present in the water, generally magnesium and calcium. The cations are usually naturally occurring.
SODIUM = refers to the salt present in the water and is generally naturally occurring.
Attention
This report contains important information about
your drinking water. Translate it, or speak with
someone who understands it.
Mahalaga ang impormasyong ito. Mangyaring ipasalin ito.
Attencion: Este informe contiene informacion muy
importante sobre su agua beber. Traduzcalo o hable con
alguien que lo entienda bien.
[1] Turbidity is measured every four hours. These are monthly average turbidity values. [2] The highest turbidity of the unfiltered Hetch Hetchy water in 2018 was 1.8 NTU. [3] John Sutter Elementary - 26ppb. Repeat sampling following plumbing repairs was non-detect for lead.
Business Resources
Consumer Information
pH UNITS NS NS 7.8 - 8 7.9 7.7 - 7.9 7.8 8.8 - 10.1 9.3 Alkalinity (as CaCO3) PPM NS NS 180 - 240 204.4 60 - 85 73 3.5 - 97 46 Ammonia (Total) PPM NS NS NA NA 0.48 - 0.56 0.52 NA NA
Bicarbonate Alkalinity (as HCO3) PPM NS NS 230 -290 247.8 73 - 104 89 NA NA Boron PPB NS NS NA NA 120 - 135 128 ND - 107 ND
Bromide PPM NS NS NA NA ND - 110 ND NA NA
Calcium (as Ca) PPM NS NS 56 - 90 73.3 20 - 25 22 3.3 - 20 12 Chlorate PPB NS NS NA NA 67 - 140 102 40 - 220 84
Hardness PPM NS NS 210 - 320 258.9 93 - 120 104 89 - 77 47 Hexavalent Chromium PPB NS 0.02 0.26 - 2.5 1.5 ND ND NA NA Magnesium PPM NS NS 17 - 23 18.9 12 - 15 13 0.2 - 6.6 4.2 Molybdenum PPB NS NS NA NA < 1 - 1 < 1 NA NA
Phosphate PPM NS NS NA NA 1.02 - 1.77 1.3 NA NA
Potassium PPM NS NS 1 - 1.3 1.1 2.1 - 3.4 2.7 0.3 - 1.2 0.8 Silica PPM NS NS NA NA 10 - 12 11 4.9 - 8 6.1
Sodium PPM NS NS 25 - 38 29 33 - 63 49 2.8 - 21 14
Strontium PPB NS NS NA NA NA NA 13 - 230 107
Temperature Deg. C NS NS 11.3 - 24 18 13 - 21 17 NA NA
Total Organic Carbon PPM NS NS NA NA 1.37 - 2.33 1.96 1.6 - 2.7 2.1 < 3 - 17 8.7 runoff/leaching nat 'l deposits/seawater
Color UNITS 15 NA ND ND ND ND < 5 - 10 < 5 naturally occuring organic material Manganese PPB 50 NA ND - 2.4 0.3 ND ND ND ND leaching from natural deposits Odor UNITS 3 NA ND - 1 ‘ 1 1 ND ND naturally occuring organic material Sp. Conductance uS/cm 1600 NA 670 - 780 655.6 365 - 517 445 32 - 234 158 subst.forming ions/seawater intrusion Sulfate PPM 500 NA 29 - 48 37.1 52 - 62 58 1 - 29 15 runoff/leaching nat'l deposits/ind. waste Tot.Dissolved Solids PPM 1000 NA 340 - 440 382.2 240 - 292 265 < 20 - 119 76 runoff/leaching from natural deposits Turbidity NTU 5 NA ND - 0.31 0.1 0.01 - 0.51 0.04 0.3 - 0.7 (1) [2.1](2) soil runoff Secondary Standards: “Consumer Acceptance Contaminent Levels” Aluminum PPB 500 NA ND ND ND ND ND-68 ND natural deposits/treatment process Chloride PPM 500 NA 31 - 69 48 27 - 72 51
Chlorodifluoromethane PPB
Units
ND - 0.58
Range Average
0.1 Chlorate PPB ND - 220 78.1
Chromium PPB ND - 4.9 0.6
Hexavalent Chromium PPB ND - 4.1 1
Molybdenum PPB ND - 5.0 0.9
Strontium PPB ND - 440 150
Vanadium PPB ND - 5.3 1.5
Manganese PPB ND - 8.8 1.1
Total Haleoacetic Acids (9) PPB ND - 58 23.6
Notification Level
NA
NA
800
NA
NA
NA
NA
50 50
Unregulated Contaminants as Measured in City of Santa Clara Distribution System:
giardia lamblia cyst/L TT 0 NA NA ND ND ND - 0.09 0.02 naturally present in environment Gross Alpha pCi/L 15 (0) ND-5 0.9 ND ND ND ND erosion of natural deposits Barium PPM 1 2 0.088 - 0.14 0.1 ND ND ND ND erosion of nat 'l deposit/oil drilling Chromium PPB 50 (100) ND - 1.4 0.3 ND ND ND ND erosion of nat'l deposit/plating Fluoride PPM 2 1 0.13 - 0.18 0.1 ND - 0.13 ND ND - 0.9 0.3 water additive/erosion of nat 'l deposits Nitrate (as Nitrogen) PPM 10 10 0.38 - 5.9 3.7 ND - 0.5 ND ND ND erosion of nat 'l deposit/runoff/leaching
MICROBIOLOGICAL
RADIOACTIVITY
INORGANIC CHEMICAL
Primary Standards for Source Water Sampling:
UNIT range average range average range average
or [max]
State PHG/
Fed (MCLG)
analysis for
City SC Well Water
analysis for
4$78BUFS%JTUSJDU
analysis for
HETCH HETCHY
Common Sources of:
Total Coliform % pos (+) 5.00% (0) 0 - 1.4% < 5% naturally present in environment Trihalomethanes PPB 80 NA 0 -64 [45.3] byproduct of drinking water disinfection Haloacetic Acids PPB 60 NA 0 - 47 [31.5 byproduct of drinking water disinfection Chlorine residual PPM 4 4 0.0 - 3.5 1.22 drinking water disinfectant Copper PPM AL = 1.3 0.3 90th percentile = 0.28ppm Number Exceeded = 0 corrosion of plumbing systems Lead PPB AL = 15 0.2 90th percentile = ND Number Exceeded = 0 corrosion of plumbing systems Lead PPB AL = 15 0.2 90th percentile = ND Number Exceeded = 1 (3) corrosion of plumbing systems SCHOOLS REQUESTING LEAD TESTING IN 2018: 33 SCHOOLS (172 SAMPLES TAKEN) INORGANIC CHEMICAL AS MEASURED AT 77 RESIDENTIAL TAPS IN 2019:
DISINFECTION BYPRODUCTS, RESIDUALS, PRECURSORS
Primary Standards as Measured in City of Santa Clara Distribution System:
Units MCL State MCL
(Fed PHG)
Range Average Common Sources of:
MICROBIOLOGICAL
City of Santa Clara
WATER QUALITY TABLEWATER QUALITY TABLE
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Each year we publish our annual water quality report known as the Consumer Confidence Report (report). It contains the latest water quality monitoring results obtained through the end of calendar year 2020. It answers some of the most common water quality questions asked by our customers. We hope it will provide the facts and perspectives you need to make an informed evaluation of your tap water.
In order to ensure that tap water is safe to drink, the U.S.
Environmental Protection Agency (USEPA) and the State
Water Resources Control Board (State Water Board) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health.
This report has been prepared in accordance with the
requirements of the Safe Drinking Water Act and State
regulations. Although the water you receive is tested for over 100 potential contaminants and 48 other parameters, the majority of the potential contaminants are never detected.
To simplify the report, only the constituents that were detected in at least one water source appear in the water quality table. We are also required by the State to provide additional information about certain constituents that appear on the water quality table even though the water meets all applicable drinking water standards. The State allows us to monitor for some contaminants less than once per year because the concentrations of these contaminants do not change frequently. Some of our data, though representative, are more than one year old.
Report
Contains Water
Quality Monitoring
Results
The City of Santa Clara is committed to
providing our customers with a safe and
reliable supply of high-quality drinking water.
Some people may be more vulnerable to contaminants in drinking water than the general population.
Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. USEPA/Center for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium, and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791).
INFORMATION
AND GUIDANCE
FOR PEOPLE WITH
COMPROMISED
IMMUNE SYSTEMS:
Drinking Water Must Meet Standards
The quality of drinking water is carefully regulated by the Federal Government. In 1974, Congress passed the Safe Drinking Water Act, requiring the USEPA to establish uniform standards for drinking water. The Safe Drinking Water Act was further amended in 1986 and 1996, adding even more stringent standards. In California, these standards are enforced by State Water Resources Control Board, Division of Drinking Water.
THERE ARE TWO TYPES OF DRINKING WATER STANDARDS.
PRIMARY STANDARDS are designed to protect public health.
These standards specify the limits, called "Maximum Contaminant Levels" (MCLs) for substances in water that may be harmful to humans or affect their health if consumed in large quantities.
SECONDARY STANDARDS are based on aesthetic qualities of water such as color, taste and odor. These standards specify limits for substances that may affect consumer acceptance of the water.
Both Primary and Secondary Standards are listed in
this report.
It is important to the City of Santa Clara that you, the water consumer, have current and factual information about your water supply. In this latest issue of our report, we hope to further your understanding and strengthen your confidence in the quality and integrity of the water supplied to you by the City of Santa Clara.
We take great pride in delivering the safest and highest quality water available.
Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this public notice in a public place or distributing copies by hand or mail. analysis for
City SC Well Water
analysis for
SCVWater District
analysis for
HETCH HETCHYState PHG/
Fed (MCLG)UNIT MCL range average range average range average Common Sources of:
Primary Standards For Source Water Sampling: or [max]
MICROBIOLOGICAL
giardia lamblia cyst/L TT 0 NA NA ND - 0.1 ND 0 - 0.05 0.01 naturally present in environment
RADIOACTIVITY
Gross Alpha pCi/L 15 (0) ND ND ND ND ND ND erosion of natural deposits
INORGANIC CHEMICAL
Arsenic PPB 10 0.04 ND - 1.7 0.4 ND ND ND ND erosion of nat'l deposit/runoff Barium PPM 1 2 0.09 - 0.18 0.1 ND ND ND ND erosion of nat'l deposit/oil drilling Chromium PPB 50 (100) ND - 3.6 1.9 ND ND ND ND erosion of nat'l deposit/plating Fluoride PPM 2 1 0.09 - 0.14 0.1 ND - .11 ND ND - 0.7 0.3 water additive/erosion of nat'l deposits Nitrate (as Nitrogen) PPM 10 10 0.52 - 6.1 4.0 ND - 0.8 ND ND ND erosion of nat'l deposit/runoff/leaching Secondary Standards: "Consumer Acceptance Contaminent Levels" Chloride PPM 500 NA 35 - 52 43.3 56 - 66 61 < 3 - 15 8.7 runoff/leaching nat'l deposits/seawater Color UNITS 15 NA ND ND ND ND ND ND naturally occuring organic material Manganese PPB 50 NA ND - 14 3.5 ND ND ND ND leaching from natural deposits Odor UNITS 3 NA ND ND 1 1 ND ND naturally occuring organic material Sp. Conductance uS/cm 1600 NA 560 - 690 602.5 473 - 534 504 30 - 260 160 subst.forming ions/seawater intrusion Sulfate PPM 500 NA 41 - 57 50.5 60 - 73 66 1 - 34 17 runoff/leaching nat'l deposits/ind. waste Tot.Dissolved Solids PPM 1000 NA 350 - 380 357.5 268 - 326 297 < 20 - 137 72 runoff/leaching from natural deposits Turbidity NTU 5 NA ND - 0.39 0.2 .02 - .12 0.04 0.2 - 0.5 (1) [1.3](2) soil runoff Consumer Information
pH UNITS NS NS 7.8 - 7.9 7.85 7.6 - 8.0 7.8 8.6 - 9.8 9.3 Alkalinity (as CaCO3) PPM NS NS 180 - 220 197.5 66 - 86 74 6.7 - 138 55 Ammonia (Total) PPM NS NS NA NA 0.45 - 0.56 0.51 NA NA
Bicarbonate Alkalinity (as HCO3) PPM NS NS 220 - 270 240 81 - 104 93 NA NA Boron PPB NS NS NA NA 134 - 205 159 NA NA
Bromide PPB NS NS NA NA ND - 110 ND NA NA
Calcium (as Ca) PPM NS NS 60 - 74 66.3 20 - 23 21 2.9 - 22 12 Chlorate PPB NS NS NA NA 78 - 279 155 67-1200 262
Hardness PPM NS NS 220 - 300 255 98 - 111 104 8.0 - 79 45 Hexavalent Chromium PPB NS 0.02 0.11 - 3.4 2 ND ND NA NA Magnesium PPM NS NS 16 - 31 21.8 11 - 12 12 0.2 - 6.8 4 Molybdenum PPB NS NS NA NA 1.9 1.9 NA NA
Phosphate PPM NS NS NA NA 1.09 - 1.19 1.14 NA NA
Potassium PPM NS NS ND - 1 0.3 2.7 - 3.2 2.9 0.3 - 1.3 0.8 Silica PPM NS NS NA NA 8 - 13 10 2.8 - 7 4.8
Sodium PPM NS NS 23 - 41 28 52 - 63 56 2.4 - 22 14
Strontium PPB NS NS NA NA NA NA 14 - 242 110
Temperature Deg. C NS NS 10.4 - 25 19 13 - 22 18 NA NA
Total Organic Carbon PPM NS NS NA NA 1.4 - 2.4 1.9 1.7 - 3.4 2.9 Primary Standards As Measured In City Of Santa Clara Distribution System:
Units MCL State MCL Range Average Common Sources of:
MICROBIOLOGICAL (Fed PHG)
Total Coliform % pos (+) 5.00% (0) 0 - 1.1% < 5% naturally present in environment
DISINFECTION BYPRODUCTS, RESIDUALS, PRECURSORS
Trihalomethanes PPB 80 NA 0 - 45 [28] byproduct of drinking water disinfection Haloacetic Acids PPB 60 NA 0 - 29 [14.6] byproduct of drinking water disinfection Chlorine residual PPM 4 4 0.0 - 3.2 1.07 drinking water disinfectant INORGANIC CHEMICAL as measured at 77 Residential Taps in 2019:
Copper PPM AL = 1.3 0.3 90th percentile = 0.28ppm Number Exceeded = 0 corrosion of plumbing systems Lead PPB AL = 15 0.2 90th percentile = ND Number Exceeded = 0 corrosion of plumbing systems SCHOOLS REQUESTING LEAD TESTING IN 2018: 33 Schools (172 samples taken) Lead PPB AL = 15 0.2 90th percentile = ND Number Exceeded = 1 (3) corrosion of plumbing systems Unregulated Contaminants As Measured In City Of Santa Clara Distribution System:
Units Notification Level Range Average
Chlorodifluoromethane PPB NA ND - 0.58 0.1
Chlorate PPB 800 ND - 98 38.1
Chromium PPB NA ND - 4.9 0.8
Hexavalent Chromium PPB NA ND - 4.1 1.5
Molybdenum PPB NA ND - 3.7 1.0
Strontium PPB NA ND - 430 157.5
Vanadium PPB 50 ND - 5.3 2.1
Manganese PPB 50 ND - 20 1.6
Total Haleoacetic Acids (9) PPB NA ND - 58 23.6
City of Santa Clara
WATER QUALITY TABLE
(1) Turbidity is measured every four hours. These are monthly average turbidity values. (2) The highest turbidity of the unfiltered Hetch Hetchy water in 2020 was 1.3 NTU. (3) John Sutter Elementary - 26ppb. Repeat sampling following plumbing repairs was non-detect for lead. 'HŔQLWLRQVDQG1RWHV
Primary Drinking Water Standard (PDWS) = MCLs and
MRDLs for contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements.
MAXIMUM CONTAMINANT LEVEL (MCL) = The highest level
of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as
is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.
MAXIMUM CONTAMINANT LEVEL GOAL (MCLG) = The
level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U.S. Environmental Protection Agency.
MAXIMUM RESIDUAL DISINFECTANT LEVEL (MRDL) =
The highest level of a disinfectant allowed in drinking water.
There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.
MAXIMUM RESIDUAL DISINFECTANT LEVEL GOAL
(MRDLG) = The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
PUBLIC HEALTH GOAL (PHG) = The level of a contaminant
in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency.
REGULATORY ACTION LEVEL (AL) = The concentration of a
contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.
TREATMENT TECHNIQUE (TT) = A required process intended to reduce the level of a contaminant in drinking water.
UNREGULATED CONTAMINANTS = Unregulated
contaminant monitoring helps EPA and State Water Resources Control Board to determine where certain contaminants
occur and whether the contaminants need to be regulated. pCi/L = picocuries per liter (a measure of radioactivity) PPM = Parts Per Million
PPB = Parts Per Billion
P = Present
A = Absent
<DLR = less than Detection Limit for Reporting
DISTRIBUTION SYSTEM = drinking water delivery system
RESIDENTIAL TAPS = household faucets used for lead and
copper sampling
DISINFECTION BYPRODUCTS = chemical by products of
disinfection
SECONDARY STANDARDS = secondary MCLs are set to
protect the aesthetics of drinking water
NTU = Nephelometric Turbidity Unit. Turbidity is a measure of the cloudiness of the water. We monitor it because it is a good indicator of water quality.
uS/cm = microSiemens per centimeter
NA = not applicable or available
ND = not detected
NS = no standard
Copper and Lead Tap Monitoring was performed at 77
residential taps in September-October 2019.
HARDNESS = the sum of polyvalent cations present in the water, generally magnesium and calcium. The cations are usually naturally occurring.
SODIUM = refers to the salt present in the water and is generally naturally occurring.
Attention
This report contains important information about
your drinking water. Translate it, or speak with
someone who understands it.
Mahalaga ang impormasyong ito. Mangyaring ipasalin ito.
Attencion: Este informe contiene informacion muy
importante sobre su agua beber. Traduzcalo o hable con
alguien que lo entienda bien.
Water Quality
Consumer
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Report
2021
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Q: Where does our water come from?
A: The City of Santa Clara has three separate sources of drinking w
ater. Often, these sources are used interchangeably or are blended together. Altogether these sources provide an average of 16 million gallons of water per day to the homes, businesses, industries and institutions of Santa Clara. In 2020,
about 41% of our water was treated surface water
purchased from the Santa Clara Valley Water
District (Valley Water), imported from the
Sacramento-San Joaquin Delta, and from the
San Francisco Public Utility Commission’s
(SFPUC) Hetch-Hetchy System, imported
from the Sierra Nevada Mountains.
Water purchased from Valley Water serves
primarily the southwesterly portion of the
City. SFPUC Hetch-Hetchy water typically
serves the area north of Highway 101. The
remaining 59% is pumped from the City’s
system of 21 active wells serving the rest of
Santa Clara. The map shows the general areas
served by the different water sources.
CITY WELLS
The majority of water consumed in the City of Santa Clara is pumped from the City’s system of deep wells. Well water is pulled up from groundwater (water that is located in aquifers which are waterfilled spaces between sand, gravel, silt and clay) deep in the ground. Aquifers are replenished by rainwater that infiltrates down from the land surface..HETCH HETCHY SYSTEM
The City purchases water from the Hetch Hetchy System. The San Francisco Regional Water System (SFRWS) conducts watershed sanitary surveys for the Hetch Hetchy source annually and for non- Hetch Hetchy surface water sources (UNHHS) every five years. The latest sanitary surveys for the non-Hetch Hetchy watersheds were completed in 2021 for the period of 2016-2020. All these surveys together with our stringent watershed protection management activities were completed with support from partner agencies including National Park Service and US Forest Service.
The purposes of the surveys are to evaluate the sanitary conditions and water quality of the watersheds and to review results of watershed management activities conducted in the preceding years. Wildlife, stock, and human activities continue to be the potential contamination sources. You may contact
the San Francisco District office of the State Water
Resources Control Board’s Division of Drinking
Water (SWRCB-DDW) at 510-620-3474 for the
review of these reports.
SANTA CLARA VALLEY WATER DISTRICT
The Santa Clara Valley Water District, now
Valley Water, provides treated surface water to
local municipalities and private water retailers
who deliver the water directly to homes and
businesses in Santa Clara County. Valley Water’s
surface water is mainly imported from the South
Bay Aqueduct, Dyer Reservoir, Lake Del Valle, and
San Luis Reservoir, which all draw water from the
Sacramento - San Joaquin Delta watershed. Valley Water’s local water sources include Anderson and Calero Reservoirs.
Water from imported and local sources is pumped to and treated at three water treatment plants located in Santa Clara County.
Valley Water’s source waters are vulnerable to potential contamination from a variety of land use practices, such as agricultural and urban runoff, recre ational activities, livestock grazing, and residential and industrial development. The imported sources are also vulnerable to wastewater treatment plant discharges, seawater intrusion, and wildfires in open space areas. In addition, local sources are also vulnerable to potential contamination from commercial stables and historic mining practices. No contaminant associated with any of these activities has been detected in Valley Water’s treated water. The water treatment plants provide multiple barriers for physical removal of contaminants and disinfection of pathogens. For more information, visit Valley Water’s website at www.valleywater.org.
THE CITY OF
SANTA CLARA
HAS THREE SEPARATE
SOURCES OF
DRINKING WATER.
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Q: Is fluoride added to our water?
A: Fluoride is nature’s cavity fighter. Fluoridation adjusts the natur
ally occurring fluoride in drinking water to the ideal level for protecting your teeth. Fluoridated drinking water benefits people of all ages by preventing tooth decay.
In November of 2005, the SFPUC Hetch Hetchy system completed construction of a fluoridation facility in the east bay. The water purchased by the City from the SFPUC is fluoridated, while water from Valley Water is not fluoridated. If your zip code is 95054, you are in the area receiving fluoridated water. However, this area is also served by well water that has not been fluoridated. Refer to the map that shows the area supplied with water from both the Hetch- Hetchy system and the City’s wells. The majority of the City will continue to receive water without added fluoride.
State law requires the addition of fluoride to all water systems in California serving 10,000 customers or more. In 2025, Valley Water plans to add fluoridation to the Rinconada Water Treatment Plant which services the southern portion of Santa Clara. Fluoridation of the remaining water sources in the City would require installation of fluoride injecting equipment at each of the City's 21 active wells. The law includes a provision for state funds to finance this fluoridation equipment; however; it may be some time before the state can provide funding to move forward with a fluoridation program for the remainder of the City.
Contact your health provider if you have concerns about dental fluorosis. For additional information about fluoridation or oral health, visit the CDC website www.cdc.gov/fluoridation or the State Water Board website www.waterboards.ca.gov/drinking_water/certlic/ drinkingw
ater/Fluoridation.shtml.
Some Santa Clara Water
is Flouridated
Water Quality Monitoring
INFORMATION ABOUT THE DRINKING WATER SOURCE
ASSESSMENT AND PROTECTION PROGRAM:
The City completed a Drinking Water Source Assessment and Protection (DWSAP) Program for the groundwater sources. The DWSAP was completed in August 2002 and submitted to the State Water Board in December 2002. A copy of the DWSAP is available at the City's Water Utility offices at 1500 Warburton Avenue, Santa Clara. You may request a summary of the individual assessments by contacting the Water Utility at (408) 615-2000 or by email at [email protected].
The City
's groundwater sources are considered most vulnerable to contamination by leaking underground tanks containing fuel or dry- cleaning chemicals; old, unrecorded septic systems; storm drain dry wells located at various places around the City; many old, shallow, private wells, abandoned and not properly destroyed; and possibly some contaminants from a small landfill dump left over from the early years of the 20th century.LEAD
There have been no exceedances of the ACTION LEVEL for lead in the City of Santa Clara groundwater sources or supplies purchased from other agencies. It is possible for lead levels in your home to be higher than other homes in the community because of plumbing materials used in the original construction of your home. If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City of Santa Clara is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline (1-800-426-4791) or at http://www.epa.gov/lead.
SCHOOL LEAD TESTING
As of January 2018 State law requires water suppliers to sample all schools on public land by mid-2019. As of April 2019, City staff has completed all required sampling and provided results to the school districts following the testing. All samples with the exception of one sample taken at John Sutter Elementary School were well below the EPA action level for lead of 15 parts per billion (ppb). The fixture was immediately taken out of service and replaced by SCUSD staff, resampling at the site resulted in a ND (non-detect) for lead.
Please contact your school administrator for information about lead testing and results for your local school. For additional information visit: https://www.waterboards.ca.gov/drinking_water/certlic/ drinkingw
ater/leadsamplinginschools.html
“NITRATES” - INFORMATION ABOUT NITRATES IN
GROUNDWATER RESOURCES
Nitrate in drinking water at levels above 10 mg/L is a health risk for infants less than six months old. Such nitrate levels in drinking water can interfere with the capacity of the infant’s blood to carry oxygen, resulting in serious illness; symptoms include shortness of breath and blueness of the skin. Nitrate levels above 10 mg/L may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies.
If you are caring for an infant, or you are pregnant, you should ask for advice from your health care provider.
PFAS
Perfluoroalkyl and Polyfluoroalkyl substances, collectively known as “PFAS” are a group of chemicals that have been widely used in industrial applications and consumer products such as carpets, clothing, furniture fabrics, paper packaging for food, firefighting foams, and other materials including waterproof/stain resistant/ nonstick cookware. Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) are two common types of PFAS. The City has completed monitoring for PFAS compounds at select well sites based on proximity to a potential source of contamination (airports which are known to have used aqueous film foaming agents for fire suppression and training). No PFAS compounds have been detected.CRYPTOSPORIDIUM AND GIARDIA IN WATER RESOURCES:
Cryptosporidiosis is a disease of the intestinal tract brought on by a parasitic microbe (a protozoan) called Cryptosporidium. The disease is transmitted through contaminated water, food or direct contact with human or animal waste. If you are healthy with a normal immune system, the flu-like symptoms usually last about two weeks.
Symptoms include diarrhea, stomach cramps, upset stomach and slight fever. However, immuno-compromised people, infants, small children, and the elderly are at greater risk of developing life- threatening illness.
The water purchased by the City from the San Francisco Public Utilities Commission (SFPUC) Hetch Hetchy system has been tested for Cryptosporidium and Giardia. The source waters and treated waters are tested at least monthly and occasionally show very low levels of Cryptosporidium in the waters serving the East Bay, South Bay and San Francisco Peninsula. Giardia, another parasitic organism causing similar symptoms, is monitored with the same frequency and very low levels are occasionally detected in the same source waters.
The general public is at very low risk and there have been no reported cases of Cryptosporidiosis and Giardiasis attributed to the City’s public water supply. This advisory applies to water received from the Hetch Hetchy system in the area of the City north of Highway 101.
The CDPH issues guidance for people with serious immune system problems. Currently, available guidance from the state and county health agencies recommends that people with such conditions consult with their doctor or primary health care provider about preventing Cryptosporidium and Giardia infection from all potential sources. Water consumers may choose to boil their drinking water at a rolling boil for at least one minute as an extra precaution.
For information about Cryptosporidiosis and Giardiasis, or copies of available guidance, contact the Santa Clara County Department of Environmental Health at 408 918-3400. You may also contact the USEPA Drinking Water Hotline at 1-800-426-4791.
CONTAMINANTS THAT OCCUR IN DRINKING WATER
OBTAINED FROM SURFACE SOURCES AND UNDERGROUND
SOURCES:
Sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells.
As water travels over land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or human activity.
Contaminants that may be present in source water include:
• Microbial contaminants, such as viruses and bacteria, that may come fr
om sewage treatment plants, septic systems, agricultural livestock operations, and wildlife;
• Inorganic contaminants such as salts and metals, that can be naturally-occurring or resulting from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining or farming;
• Pesticides and herbicides, that may come from a variety of sources such as agriculture, urban stormwater runoff and residential uses; • Organic chemical contaminants including synthetic and volatile organic chemicals. that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems; • Radioactive contaminants, that can be naturally occurring or be the result of oil and gas production and mining activities.
In order to ensure that tap water is safe to drink, the U.S Environmental Protection Agency (USEPA) and the State Water Resources Control Board (State Water Board) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health.
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA’s Safe Drinking Water Hotline at 1-800-426-4791.
City of Santa Clara
1500 Warburton Ave.
Santa Clar
a, CA 95050
408-615-2200
SantaClaraCA.gov
W
ater Utility
1500 Warburton Ave.
Santa Clar
a, CA 95050
Office hours: 8 a.m.–5 p.m.,
Monday-Friday
408-615-2000
Water Billing Questions
408-615-2300
Water Quality Report Questions
Diane Asuncion
408-615-2000
[email protected]
W
ater Emergencies
408-615-2000 Monday-Friday,
8 a.m.-5 p
.m.
408-615-5640 other days and times
Valley Water Water Conservation
Sa
ve20gallons.org
408-630-2554 – Water Conservation
Hotline and R
ebate Information
Sign up for a free Water-Wise House
Call from Valley Water by calling
1-800-548-1882
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If you would like to learn more about drinking
water quality, treatment and regulation,
contact these organizations:
American Water Works Association:
aw
wa.org
State Water Resources Control Board,
Division of Drinking Water:
waterboards.ca.gov/drinking_water/
programs/index.shtml
United States Environmental
Protection Agency:
water.epa.gov/drink
San Francisco Public Utilities Commission,
Water Quality Bureau:
sfwater.org
Valley Water:
valleywater.org
Water Education Foundation:
watereducation.org
Water Quality Information Center:
http://wqic.nal.usda.gov/
Public Input
To provide input on decisions that affect
drinking w
ater quality, provide input to the
Santa Clara City Council at a Council meeting
or in advance to mayorandcouncil@
santaclar
aca.gov or call 408-615-2250. A
list of all City Council meetings, agenda items
and study sessions can be viewed on the City
website SantaClaraCA.gov.
eNotif
y
Visit SantaClaraCA.gov/eNews to sign up to
r
eceive news from Water Utility.
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Each year we publish our annual water quality report known as the Consumer Confidence Report (report). It contains the latest water quality monitoring results obtained through the end of calendar year 2021. It answers some of the most common water quality questions asked by our customers. We hope it will provide the facts and perspectives you need to make an informed evaluation of your tap water.
In order to ensure that tap water is safe to drink, the U.S.
Environmental Protection Agency (USEPA) and the State
Water Resources Control Board (State Water Board) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health.
This report has been prepared in accordance with the
requirements of the Safe Drinking Water Act and State
regulations. Although the water you receive is tested for over 100 potential contaminants and 48 other parameters, the majority of the potential contaminants are never detected. To simplify the report, only the constituents that were detected in at least one water source appear in the water quality table. We are also required by the State to provide additional information about certain constituents that appear on the water quality table even though the water meets all applicable drinking water standards. The State allows us to monitor for some contaminants less than once per year because
the concentrations of these contaminants do not change
frequently. Due to regulatory monitoring schedules, some data, though representative, are more than one year old. 5HSRUW
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Some people may be more vulnerable to contaminants in drinking water than the general population.
Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. USEPA/Center for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium, and other microbial contaminants are available from the Safe Drinking Water Hotline (1-800-426-4791).
INFORMATION
AND GUIDANCE
FOR PEOPLE WITH
COMPROMISED
IMMUNE SYSTEMS:
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The quality of drinking water is carefully regulated by the Federal Government. In 1974, Congress passed the Safe Drinking Water Act, requiring the USEPA to establish uniform standards for drinking water. The Safe Drinking Water Act was further amended in 1986 and 1996, adding even more stringent standards. In California, these standards are enforced by State Water Resources Control Board, Division of Drinking Water.
THERE ARE TWO TYPES OF DRINKING WATER STANDARDS.
PRIMARY STANDARDS are designed to protect public health.
These standards specify the limits, called "Maximum Contaminant Levels" (MCLs) for substances in water that may be harmful to humans or affect their health if consumed in large quantities.
SECONDARY STANDARDS are based on aesthetic qualities of water such as color, taste and odor. These standards specify limits for substances that may affect consumer acceptance of the water.
Both Primary and Secondary Standards are listed in
this report.
It is important to the City of Santa Clara that you, the water consumer, have current and factual information about your water supply. In this latest issue of our report, we hope to further your understanding and strengthen your confidence in the quality and integrity of the water supplied to you by the City of Santa Clara.
We take great pride in delivering the safest and highest quality water available.
Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools, and businesses). You can do this by posting this public notice in a public place or distributing copies by hand or mail. 6RXUFH:DWHU,QIRUPDWLRQ
Q: Where does our water come from?
A: The City of Santa Clara has three
separate sources of drinking water. Often,
these sources are used interchangeably
or are blended together. Altogether these
sources provide an average of 16 million
gallons of water per day to the homes,
businesses, industries and institutions
of Santa Clara. In 2021, about 43% of
our water was treated surface water
purchased from the Santa Clara Valley
Water District (Valley Water), imported
from the Sacramento-San Joaquin Delta,
and from the San Francisco Public Utility
Commission’s (SFPUC) Hetch-Hetchy
Reservoir, imported from the Sierra Nevada
Mountains.
Water purchased from Valley Water
serves primarily the southwesterly
portion of the City. SFPUC Hetch-Hetchy
water typically serves the area north
of Highway 101. The remaining 57% is
pumped from the City’s system of 19
active wells serving the rest of Santa
Clara. The map shows the general areas
served by the different water sources.
CITY WELLS
The majority of water consumed in the
City of Santa Clara is pumped from the
City’s system of deep wells. Well water is
pulled up from groundwater (water that is
located in aquifers which are waterfilled
spaces between sand, gravel, silt and
clay) deep in the ground. Aquifers are
replenished by rainwater that infiltrates
down from the land surface.
HETCH HETCHY SYSTEM
The City purchases water from the Hetch
Hetchy Reservior. To meet drinking water
standards for consumption, all surface
water supplies including the upcountry
non-Hetch Hetchy sources (UNHHS)
undergo treatment by the SFRWS before
it is delivered. Water from Hetch Hetchy
Reservoir is exempt from federal and state
filtration requirements but receives the following
treatment: disinfection using ultraviolet light
and chlorine, pH adjustment for optimum
corrosion control, fluoridation for dental health
protection, and chloramination for maintaining
disinfectant residual and minimizing the
formation of regulated disinfection byproducts.
Water from local Bay Area reservoirs in Alameda
County and UNHHS is delivered to Sunol Valley
Water Treatment Plant (SVWTP); whereas water
from local reservoirs in San Mateo County is
delivered to Harry Tracy Water Treatment Plant
(HTWTP). Water treatment at these plants
consist of filtration, disinfection, fluoridation,
optimum corrosion control, and taste and odor
removal. In 2021, no UNHHS water was used.
The SFRWS conducts watershed sanitary
surveys for the Hetch Hetchy source annually
and for non-Hetch Hetchy surface water
sources every five year s. The latest sanitary
surveys for the non-Hetch Hetchy watersheds
were completed in 2021 for the period of
2016-2020. All these surveys, together with
SFRWS’s stringent watershed protection
management activities, were completed with
support from partner agencies including
National Park Service and US Forest Service.
The purposes of the surveys are to evaluate
the sanitary conditions and water quality
of the watersheds and to review results of
watershed management activities conducted
in the preceding years. Wildfire, wildlife,
livestock, and human activities continue to be
the potential contamination sources. You may
contact the San Francisco District office of the
State Water Resources Control Board’s Division
of Drinking Water (SWRCB) at 510-620-3474
for the review of these reports.
SANTA CLARA VALLEY WATER DISTRICT
The Santa Clara Valley Water District, now
Valley Water, provides treated surface water to
local municipalities and private water retailers
who deliver the water directly to homes and
businesses in Santa Clara County. Valley Water’s
surface water is mainly imported from the South
Bay Aqueduct, Dyer Reservoir, Lake Del Valle,
and San Luis Reservoir, which all draw water
from the Sacramento - San Joaquin Delta
watershed. Valley Water’s local water sources
include Anderson and Calero Reservoirs.
Anderson Reservoir was out of service for
the Anderson Seismic Retrofit project and
was not used to supply the treatments plants
in 2021. Water from imported and local
sources is pumped to and treated at three
water treatment plants located in Santa Clara
County.
Valley Water’s source waters are vulnerable
to potential contamination from a variety of
land use practices, such as agricultural and
urban runoff, recreational activities, livestock
grazing, and residential and industrial
development. The imported sources are
also vulnerable to wastewater treatment
plant discharges, seawater intrusion, and
wildfires in open space areas. In addition,
local sources are also vulnerable to potential
contamination from commercial stables and
historic mining practices. No contaminant
associated with any of these activities has
been detected in Valley Water’s treated
water. The water treatment plants provide
multiple barriers for physical removal of
contaminants and disinfection of pathogens.
For more information, visit Valley Water’s
website at
www.valleywater.org.
WATER SYSTEM IMPROVEMENTS
In an effort to continually maintain a high
level of service and supply quality potable
water to our customers, the City embarked
on several condition enhancement projects
to our water system. In March 2022, a project
was completed to rehabilitate three water
tanks located at 200 Lawrence Express-
way. These tanks store 13.2 million gallons of
water, enough water to meet the entire City’s
demand for one average spring day. The
scope of work involved structurally reinforc-
ing and recoating the tanks to ensure unin-
terrupted water for potable, fire suppression,
emergency, and operational supply.
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HETCH HETCHYState PHG/
Fed (MCLG)UNIT MCL range average range average range average Common Sources of:
Primary Standards For Source Water Sampling: or [max]
MICROBIOLOGICAL
giardia lamblia cyst/L TT 0 NA NA ND - 0.1 ND 0 - 0.04 0.01 naturally present in environment
RADIOACTIVITY
Gross Alpha pCi/L 15 (0) ND ND ND ND ND ND erosion of natural deposits
INORGANIC CHEMICAL
Barium PPM 1 2 ND - 0.17 0.12 ND ND ND ND erosion of nat'l deposit/oil drilling Fluoride PPM 2 1 0.12 - 0.16 0.14 ND ND ND - 0.8 0.4] (1) water additive/erosion of nat'l deposits Nitrate (as Nitrogen) PPM 10 10 0.87 - 5.9 3.8 ND - 0.44 0.44 ND ND erosion of nat'l deposit/runoff/leaching Secondary Standards: "Consumer Acceptance Contaminent Levels" Chloride PPM 500 NA 20 - 49 38 84 - 103 94 < 3 - 11 6.7 runoff/leaching nat'l deposits/seawater Color UNITS 15 NA ND - 2 ND < 2.5 < 2.5 NA NA naturally occuring organic material Odor UNITS 3 NA ND - 1 ND 1 1 ND ND naturally occuring organic material Sp. Conductance uS/cm 1600 NA 463 - 802 609 604 - 684 652 34 - 217 135 subst.forming ions/seawater intrusion Sulfate PPM 500 NA 26 - 70 42 74.4 - 100.1 82.8 1.1 - 29 13 runoff/leaching nat'l deposits/ind. waste Tot.Dissolved Solids PPM 1000 NA 56 - 520 370 362 - 392 378 < 20 - 96 52 runoff/leaching from natural deposits Turbidity NTU 5 NA 0.1 - 3.7 0.73 ND - 0.10 0.1 0.2 - 0.4 (2) [3.3] soil runoff Consumer Information
pH UNITS NS NS 7.5 - 7.8 7.7 7.7 - 7.8 7.8 8.6 - 9.7 9.2 Alkalinity (as CaCO3) PPM NS NS 147 - 249 204 69 - 82 77 4.5 - 79 37 Ammonia (Total) PPM NS NS NA NA 0.48 - 0.53 0.50 ND ND
Bicarbonate Alkalinity (as HCO3) PPM NS NS 147 - 249 204 85 - 101 95 ND ND Boron PPB NS NS NA NA 171 - 233 197 ND - 123 ND
Bromide PPB NS NS NA NA 130 - 180 150 ND ND
Calcium (as Ca) PPM NS NS 43 - 100 65.9 22.4 - 26.0 24.0 3 - 17 9.5 Chlorate PPB NS NS NA NA 111 - 135 122 28 -.420] (3) 162 Hardness PPM NS NS 170 - 390 263 111 - 132 120 7.7 - 60 34 Hexavalent Chromium PPB NS 0.02 0.3 - 4.1 1.47 ND ND NA NA Magnesium PPM NS NS 14 - 32 21 13.4 - 16.2 14.6 < 0.2 - 5.5 2.9 Phosphate PPM NS NS NA NA 1.03 - 1.12 1.09 < 0.3 - 0.3 < 0.3 Potassium PPM NS NS 1.1 - 1.5 1.2 3.4 - 4.5 4.1 0.4 - 1.1 0.7 Silica PPM NS NS NA NA 10 - 14 13 3 - 5.9 4.8
Sodium PPM NS NS 21 - 42 33 71 - 87 78 3.1 - 17 12
Strontium PPB NS NS NA NA NA NA 14 - 181 83
Temperature Deg. C NS NS 10.5 - 25.4 18.5 15 - 22 19 NA NA Total Organic Carbon PPM NS NS NA NA 1.47 - 2.13 1.9 1.2 - 2.2 1.8 Vanadium PPB NS NS NA NA ND - 3 [3] NA NA
Primary Standards As Measured In City Of Santa Clara Distribution System:
Units MCL State MCL Range Average Common Sources of:
MICROBIOLOGICAL (Fed PHG)
Total Coliform % pos (+) 5.00% (0) 0 - 0.6% < 5% naturally present in environment Fecal Coliform and E.coli (4) # of pos (+) 0 0 0 0
DISINFECTION BYPRODUCTS, RESIDUALS, PRECURSORS
Trihalomethanes PPB 80 NA ND - 43 [38.5] byproduct of drinking water disinfection Haloacetic Acids PPB 60 NA ND - 42 [33] byproduct of drinking water disinfection Chlorine residual PPM 4 4 0.0 - 3.7 1.15 drinking water disinfectant INORGANIC CHEMICAL as measured at 77 Residential Taps in 2019:
Copper PPM AL = 1.3 0.3 90th percentile = 0.28ppm Number Exceeded = 0 corrosion of plumbing systems Lead PPB AL = 15 0.2 90th percentile = ND Number Exceeded = 0 corrosion of plumbing systems SCHOOLS REQUESTING LEAD TESTING IN 2018: 33 Schools (172 samples taken) Lead PPB AL = 15 0.2 90th percentile = ND Number Exceeded = 1 (5) corrosion of plumbing systems Unregulated Contaminants As Measured In City Of Santa Clara Distribution System:
Units Notification Level Range Average
Manganese PPB 500 ND - 8.8 1.1
Total Haleoacetic Acids (9) PPB NA ND - 58 23.6
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Primary Drinking Water Standard (PDWS) = MCLs and
MRDLs for contaminants that affect health along with their monitoring and reporting requirements, and water treatment requirements.
MAXIMUM CONTAMINANT LEVEL (MCL) = The highest
level of a contaminant that is allowed in drinking water.
Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.
MAXIMUM CONTAMINANT LEVEL GOAL (MCLG) = The
level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U.S. Environmental Protection Agency.
MAXIMUM RESIDUAL DISINFECTANT LEVEL (MRDL) =
The highest level of a disinfectant allowed in drinking water.
There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.
MAXIMUM RESIDUAL DISINFECTANT LEVEL GOAL
(MRDLG) = The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
PUBLIC HEALTH GOAL (PHG) = The level of a contaminant
in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency.
REGULATORY ACTION LEVEL (AL) = The concentration of a
contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.
TREATMENT TECHNIQUE (TT) = A required process intended to reduce the level of a contaminant in drinking water.
UNREGULATED CONTAMINANTS = Unregulated
contaminant monitoring helps EPA and State Water Resources Control Board to determine where certain contaminants
occur and whether the contaminants need to be regulated.
The list of unregulated contaminants to monitor is updated every four years by the EPA.
pCi/L = picocuries per liter (a measure of radioactivity) PPM = Parts Per Million
PPB = Parts Per Billion
P = Present
A = Absent
<DLR = less than Detection Limit for Reporting
DISTRIBUTION SYSTEM = drinking water delivery system
RESIDENTIAL TAPS = household faucets used for lead and
copper sampling
DISINFECTION BYPRODUCTS = chemical by products of
disinfection
SECONDARY STANDARDS = secondary MCLs are set to
protect the aesthetics of drinking water
NTU = Nephelometric Turbidity Unit. Turbidity is a measure of the cloudiness of the water. We monitor it because it is a good indicator of water quality.
uS/cm = microSiemens per centimeter
NA = not applicable or available
ND = not detected
NS = no standard
Copper and Lead Tap Monitoring was performed at 77
residential taps in September-October 2019.
HARDNESS = the sum of polyvalent cations present in the water, generally magnesium and calcium. The cations are usually naturally occurring.
SODIUM = refers to the salt present in the water and is generally naturally occurring.
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This report contains important information about
your drinking water. Translate it, or speak with
someone who understands it.
Mahalaga ang impormasyong ito. Mangyaring ipasalin ito.
Attencion: Este informe contiene informacion muy
importante sobre su agua beber. Traduzcalo o hable con
alguien que lo entienda bien.
Notes
(1) Natural fluoride in the Hetch Hetchy source was ND. (2) These are monthly average turbidity values calculated from turbidity measured every four hours daily. (3) The detected chlorate is a degradation product of sodium hypochlorite used by the SFRWS for water disinfection. (4) The MCL was changed to E. coli starting on July 1, 2021 when the State Revised Total Coliform Rule became effective (5) John Sutter Elementary - 26ppb. Repeat sampling following plumbing repairs was non-detect for lead. &LW\RI6DQWD&ODUD
WATER QUALITY TABLE
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Q: Is fluoride added to our water?
A: Fluoride is nature’s cavity fighter. Fluoridation adjusts the naturally occurring fluoride in drinking water to the ideal level for protecting your teeth. Fluoridated drinking water benefits people of all ages by preventing tooth decay.
The water purchased by the City from the SFPUC is fluoridated, while water from Valley Water is not fluoridated. If your zip code is 95054, you are in the area receiving fluoridated water. However, this area is also served by well water that has not been fluoridated.
Refer to the map that shows the area supplied with water from both the Hetch-Hetchy system and the City’s wells. The majority of the City will continue to receive water without added fluoride.
State law requires the addition of fluoride to all water systems in California serving 10,000 customers or more. In the future, Valley Water plans to add fluoridation to the Rinconada Water Treatment Plant which services the southern portion of Santa Clara.
Fluoridation of the remaining water sources in the City would require installation of fluoride injecting equipment at each of the City's 19 active wells. The law includes a provision for state funds to finance this fluoridation equipment; however; it may be some time before the state can provide funding to move forward with a fluoridation program for the remainder of the City.
Contact your health provider if you have concerns about dental fluorosis. For additional information about fluoridation or oral health, visit the CDC website www.cdc.gov/fluoridation or the State Water Board website
www.waterboards.ca.gov/drinking_water/certlic/
drinkingwater/Fluoridation.shtml.
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INFORMATION ABOUT THE DRINKING WATER SOURCE
ASSESSMENT AND PROTECTION PROGRAM:
The City completed a Drinking Water Source Assessment and Protection (DWSAP) Program for the groundwater sources. The DWSAP was completed in August 2002 and submitted to the State Water Resources Control Board in December 2002. A copy of the DWSAP is available at the City's Water Utility offices at 1500 Warburton Avenue, Santa Clara. You may request a summary of the individual assessments by contacting the Water Utility at (408) 615- 2000 or by email at
[email protected].
The City's groundwater sources are considered most vulnerable to contamination by leaking underground tanks containing fuel or dry- cleaning chemicals; old, unrecorded septic systems; storm drain dry wells located at various places around the City; many old, shallow, private wells, abandoned and not properly destroyed; and possibly some contaminants from a small landfill dump left over from the early years of the 20th century.
LEAD
There have been no exceedances of the ACTION LEVEL for lead in the City of Santa Clara groundwater sources or supplies purchased from other agencies. It is possible for lead levels in your home to be higher than other homes in the community because of plumbing materials used in the original construction of your home. If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City of Santa Clara is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline (1-800-426-4791) or at http://www.epa.gov/lead.
“NITRATES” - INFORMATION ABOUT NITRATES IN
GROUNDWATER RESOURCES
Nitrate in drinking water at levels above 10 mg/L is a health risk for infants less than six months old. Such nitrate levels in drinking water can interfere with the capacity of the infant’s blood to carry oxygen, resulting in serious illness; symptoms include shortness of breath and blueness of the skin. Nitrate levels above 10 mg/L may also affect the ability of the blood to carry oxygen in other individuals, such as pregnant women and those with certain specific enzyme deficiencies.
If you are caring for an infant, or you are pregnant, you should ask for advice from your health care provider.
PFAS
Perfluoroalkyl and Polyfluoroalkyl substances, collectively known as “PFAS” are a group of chemicals that have been widely used in industrial applications and consumer products such as carpets, clothing, furniture fabrics, paper packaging for food, firefighting foams, and other materials including waterproof/stain resistant/ nonstick cookware. Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) are two common types of PFAS. The City has completed monitoring for PFAS compounds at select well sites based on proximity to a potential source of contamination (airports which are known to have used aqueous film foaming agents for fire suppression and training). No PFAS compounds have been detected.
In October 2021, the City received a waiver for PFAS monitoring because PFAS was not detected in all collected samples.
TOTAL COLIFORM AND E.COLI
This Consumer Confidence Report (CCR) reflects changes in drinking water regulatory requirements during 2021. These revisions add the requirements of the federal Revised Total Coliform Rule, effective since April 1, 2016, to the existing state Total Coliform Rule. The revised rule maintains the purpose to protect public health by ensuring the integrity of the drinking water distribution system and monitoring for the presence of microbials (i.e., total coliform and E. coli bacteria). The U.S. EPA anticipates greater public health protection as the rule requires water systems that are vulnerable to microbial contamination to identify and fix problems. Water systems that exceed a specified frequency of total coliform occurrences are required to conduct an assessment to determine if any sanitary defects exist. If found, these must be corrected by the water system. The state Revised Total Coliform Rule became effective July 1, 2021.
CRYPTOSPORIDIUM AND GIARDIA IN WATER RESOURCES:
Cryptosporidiosis is a disease of the intestinal tract brought on by a parasitic microbe (a protozoan) called Cryptosporidium. The disease is transmitted through contaminated water, food or direct contact with human or animal waste. If you are healthy with a normal immune system, the flu-like symptoms usually last about two weeks. Symptoms include diarrhea, stomach cramps, upset stomach and slight fever.
However, immuno-compromised people, infants, small children, and the elderly are at greater risk of developing life-threatening illness.
The water purchased by the City from the San Francisco Public Utilities Commission (SFPUC) Hetch Hetchy system has been tested for Cryptosporidium and Giardia. The source waters and treated waters are tested at least monthly and occasionally show very low levels of Cryptosporidium in the waters serving the East Bay, South Bay and San Francisco Peninsula. Giardia, another parasitic organism causing similar symptoms, is monitored with the same frequency and very low levels are occasionally detected in the same source waters.
The general public is at very low risk and there have been no reported cases of Cryptosporidiosis and Giardiasis attributed to the City’s public water supply. This advisory applies to water received from the Hetch Hetchy system in the area of the City north of Highway 101. The CDPH issues guidance for people with serious immune system problems.
Currently, available guidance from the state and county health agencies recommends that people with such conditions consult with their doctor or primary health care provider about preventing Cryptosporidium and Giardia infection from all potential sources.
Water consumers may choose to boil their drinking water at a rolling boil for at least one minute as an extra precaution.
For information about Cryptosporidiosis and Giardiasis, or copies of available guidance, contact the Santa Clara County Department of Environmental Health at 408 918-3400. You may also contact the USEPA Drinking Water Hotline at 1-800-426-4791.
CONTAMINANTS THAT OCCUR IN DRINKING WATER
OBTAINED FROM SURFACE SOURCES AND UNDERGROUND
SOURCES:
Sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells.
As water travels over land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or human activity.
Contaminants that may be present in source water include:
• Microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife;
• Inorganic contaminants such as salts and metals, that can be naturally-occurring or resulting from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining or farming;
• Pesticides and herbicides, that may come from a variety of sources such as agriculture, urban stormwater runoff and residential uses; • Organic chemical contaminants including synthetic and volatile organic chemicals. that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems; • Radioactive contaminants, that can be naturally occurring or be the result of oil and gas production and mining activities.
In order to ensure that tap water is safe to drink, the U.S Environmental Protection Agency (USEPA) and the State Water Resources Control Board (State Water Board) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems.
The U.S. Food and Drug Administration regulations and California law also establish limits for contaminants in bottled water that provide the same protection for public health.
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA’s Safe Drinking Water Hotline at 1-800-426-4791.
City of Santa Clara
1500 Warburton Ave.
Santa Clara, CA 95050
408-615-2200
SantaClaraCA.gov
Water Utility
1500 Warburton Ave.
Santa Clara, CA 95050
Office hours: 8 a.m.–5 p.m.,
Monday-Friday
408-615-2000
Water Billing Questions
408-615-2300
Water Quality Report Questions
Diane Asuncion
408-615-2000
[email protected]
Water Emergencies
408-615-2000 Monday-Friday,
8 a.m.-5 p.m.
408-615-5640 other days and times
Valley Water Water Conservation
Save20gallons.org
408-630-2554 – Water Conservation
Hotline and Rebate Information
Sign up for a free Water-Wise House
Call from Valley Water by calling
1-800-548-1882
5HVRXUFHV
If you would like to learn more about
drinking water quality, treatment and
regulation, contact these organizations:
American Water Works Association:
awwa.org
State Water Resources Control Board,
Division of Drinking Water:
www.waterboards.ca.gov/drinking_
water/programs/index.html
United States Environmental
Protection Agency:
water.epa.gov/drink
San Francisco Public Utilities
Commission, Water Quality Bureau:
sfwater.org
Valley Water:
valleywater.orH
Water Education Foundation:
watereducation.org
Water Quality & Agriculture Info Center:
www.nal.usda.gov/legacy/waic
Public Input
To provide input on decisions that affect
drinking water quality, provide input to the
Santa Clara City Council at a Council meeting
or in advance to mayorandcouncil@
santaclaraca.gov or call 408-615-2250. A
list of all City Council meetings, agenda items
and study sessions can be viewed on the City
website SantaClaraCA.gov.
eNotify
Visit SantaClaraCA.gov/eNews to sign up
to receive news from Water Utility.
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-150 Agenda Date: 11/1/2022
REPORT TO COUNCIL
SUBJECT
Receive Silicon Valley Power Quarterly Update
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Silicon Valley Power (SVP) is a recognized industry leader with a strong history and reputation of providing excellent customer service. The electric industry is rapidly changing and undergoing a fundamental transformation, shifting from a centralized resource grid toward an increasingly decentralized electrical grid with distributed renewable energy resources (e.g. wind, solar, hydrogen, and biogas), shifting variability in supply, and greater customer choice.
DISCUSSION
The report to be presented to Council will provide an update to Council on the status of the utility, current load and sales, recent accomplishments, and upcoming Council Actions for consideration.
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 physical changes in the environment.
FISCAL IMPACT
There is no fiscal impact associated with this update. Implementation of certain elements will require funding which will be requested through the normal budget process.
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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
City of Santa Clara Printed on 10/28/2022Page 1 of 2
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22-150 Agenda Date: 11/1/2022
Note and file the Silicon Valley Power Quarterly Update.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager
City of Santa Clara Printed on 10/28/2022Page 2 of 2
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1256 Agenda Date: 11/1/2022
REPORT TO COUNCIL
SUBJECT
Action on a Written Petition (030) Related to the Possibility of Acquiring 1601 Civic Center Drive for the Purpose of Establishing a City Park
COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets
BACKGROUND
On October 7, 2021, the City received a written petition on behalf of four homeowner associations (Civic Center Village, Civic Center, Boulevard and Park Vista) requesting that the City purchase the parcel located at 1601 Civic Center Drive for the purpose of establishing a City park. Action on the petition was referred to the February 2022 Council Priority Setting Session which was subsequently cancelled. On September 16, 2022, Council directed staff to provide a response to the written petition on, or before, the November 1, 2022 City Council meeting. This report has been prepared to provide the City Council with a summary of the residents’ concerns, to transmit an offer letter from Charities Housing and to provide background information related to the feasibility of site acquisition by the City.
DISCUSSION
Written Petition
Staff met with representatives from the neighborhood, (Mr. Shafieri and Mr. Sinai), to discuss their written petition (Attachment #1). To ensure an accurate accounting of their concerns, a summary of that meeting was provided to the representatives who have asked that their input be provided in the staff report as follows:
1. Residents are concerned about the impact of area-wide density and development on the quality of life in their already congested neighborhood. During the past four decades, parks and amenities have not kept pace with the growth in density in the neighborhood. Future growth from the El Camino Real Corridor will spill over into the neighborhood.
2. Residents do not oppose affordable housing in principle but view the current proposed dense housing project as not a good fit for the neighborhood and as adding to issues of density, traffic problems and view the park as a “last and best” opportunity [site] to address the quality of life issues in the immediate neighborhood.
3. Residents desire safe, clean, accessible (walkable) community services that their families can access and enjoy (library services, new playground equipment, a place to gather).
4. Residents do not view Charities Housing as trustworthy, good neighbors, or accountable. They City of Santa Clara Printed on 10/28/2022Page 1 of 5
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22-1256 Agenda Date: 11/1/2022
were not, and have not been, responsive to neighbor's concerns.
5. The park would serve as a Community Hub, with potentially a community garden, composting station, community room, playground for children, learning center close to the Title 1 School at Scott Lane, library resource, walkways, and plants, amongst others.
6. Our neighborhood has taken the initiative to explore significant outside sources of funding.
Site Acquisition
The property located at 1601 Civic Center Drive is owned by Charities Housing. The property was purchased from a private party in January 2020 for $12.5 million. Currently, the site contains a vacant, two-story commercial building and associated parking and is zoned community commercial.
In alignment with their mission to develop, own and manage affordable housing, Charities Housing intends to develop this property as an affordable housing project of 108 apartments, with 106 units affordable to families earning between 30% and 50% of area median income. These units will remain affordable for a minimum of 55 years. The remaining two apartments will be reserved for onsite staff.
City staff contacted Charities Housing to determine their interest in selling the property. Charities Housing indicated that they would prefer not to sell the property since finding and purchasing an ideal site for affordable housing is difficult and time-consuming. However, in the interest of cooperation, Charities Housing indicated they would be willing to sell the property under the following terms and conditions:
1. A purchase price of $18.9 million. This would allow Charities Housing to recoup the cost of the land and expenses incurred to date including approximately three years of staff time that has been spent on the project.
2. The City provide an appropriate, alternative site. To be considered appropriate, the alternative site should be consistent with the City’s general plan and/or zoning to allow for expedited entitlements, be affordable on a per unit basis for the land and have similar neighborhood amenities such that the site is in proximity to public transportation, schools, retail (including a grocery store), pharmacy, parks and medical facilities.
3. Should the City be able to meet these terms and conditions, Charities Housing would also require that they be part of the site selection process.
A letter from Charities Housing outlining these terms and conditions is enclosed as Attachment #2.
The City has been authorized by Charities Housing to make their letter public.
Acquisition Considerations
The City’s current park standard is 2.6 - 3.0 acres of developed parkland per 1,000 residents in accordance with the provisions of the State of California’s Quimby Act and Mitigation Fee Act.
In the area of 1601 Civic Center Drive, park acreage is currently 1.2 acres per 1,000 residents according to the Community Fact Finder on the State of California Department of Parks and Recreation website.
City of Santa Clara Printed on 10/28/2022Page 2 of 5
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22-1256 Agenda Date: 11/1/2022
While the 1601 Civic Center Drive neighborhood has less than City standard park acreage, there are other neighborhoods throughout the City of Santa Clara that also have less than the City standard park acreage.
In the general vicinity of 1601 Civic Center Drive, there are two neighborhood parks, two mini-parks and public open space in the illustration below:
In addition to this parkland, the City recently added the 9.04 acre Reed & Grant Sports Park, a community recreational facility with soccer fields, a multi-use purpose building, playground and renovated the Raymond G. Gamma Dog Park (1.72 acres) on the corner of Lafayette Blvd. and Reed Streets. While technically not considered park land, the City Hall complex and the Triton Museum also provide opportunities for community gathering and engagement.
Should the City Council wish to purchase the 1601 Civic Center Drive site from Charities Housing, sources of funding could include:
1. Quimby Act and Mitigation Fee Act Park In-Lieu Fees
· The balance of unallocated park in-lieu fees is approximately $23.3 million. However, use of these fees is subject to findings and a nexus requirement whereby the use of those fees for acquisition and development of parkland and recreational facilities must benefit the residents of the project that generated the fees. The FY 2022/23 and FY 2023/24 Adopted Biennial Capital Budget included a priority list of projects to be funded by Quimby Act and Mitigation Fee Act revenues.
2. Dwelling Unit Tax Revenues ($97,000)
3. Developer Contributions (unrestricted) ($266,000)
4. General Fund Land Sale Reserve ($7.3 million)
5. General Fund Budget Stabilization Reserve ($40.4 million); set at 15% of General Fund expenditures in the FY 2022/23 Adopted Budget
City of Santa Clara Printed on 10/28/2022Page 3 of 5
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Proposed Project - +ffi;"'CI~
1601 Civic Center
Warburton Park
Santa Oara
Rotary Park
City of Santa Clara
Civic Center Park
City of Santa Clara
Fremont Park
City of Santa Clara
22-1256 Agenda Date: 11/1/2022
While the Council may consider use of the Land Sale or Budget Stabilization reserves, these two reserves have been critical to the City’s budget balancing strategy over the past three years with combined contributions of approximately $50.6 million. Given the City’s ongoing structural deficit, these reserves will continue to play a critical role in the City’s overall budget balancing strategy and consequently, are not recommended for this acquisition.
A review of City-owned parcels indicates that the City does not have a site in its inventory with the attributes identified by Charities Housing. Consequently, the City cannot meet the second condition of the Charities Housing proposal.
Conclusion
The area surrounding 1601 Civic Center Drive has less than the City standard parkland acreage at the current time. While Charities Housing has indicated a willingness to sell the property to the City, the cost to acquire the site through a cooperative agreement with Charities Housing is significant.
Moreover, there are many competing unfunded needs throughout the City. In the future, should a plan and funding be available for the redevelopment of the current City Hall site, any residential development would be subject to the City parkland dedication requirements. The dedication of land and/or fees in lieu of parkland dedication at that time would be a more appropriate strategy to address the need for parkland in the Civic Center area.
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
The cost to acquire this site would be a minimum of $18.9 million, plus an unknown amount to provide an appropriate, alternative site and the cost of an appraisal. Should the site be acquired, additional funding would be needed to develop the site as a park. Given the desired amenities identified by the residents, the cost of that park development would be significant.
COORDINATION
This report has been coordinated with the Parks and Recreation Department, the Finance Department and City Manager/City Attorney’s Offices.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Note and file report.
City of Santa Clara Printed on 10/28/2022Page 4 of 5
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22-1256 Agenda Date: 11/1/2022
Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Written Petition
2. Letter from Charities Housing
City of Santa Clara Printed on 10/28/2022Page 5 of 5
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City of
Santa Clara
CITY COUNCIL WRITTEN PETITION
RECEIVED
OCT : 7 2021
City Clerk's Office
City of Santa Ciara
Please provide the information requested below . When complete, please submit to the City Clerk 's Office, 1500 Warburton Avenue , Santa Clara, CA 95050.
Date: 10/7/2021
I, Morteza Shafiei. as representative for HOA s below , am hereby requesting to be placed on the Santa Clara City Council Agenda for the following purpose:
To purchase the lot at 1601 Civic Center Drive , Santa Clara, CA, in order to estab lish a park for the benefit of our Citizens and neighborhood . On 9-27- 2021 our community of over 170 homes and 4 HOAs submitted a letter to the City Counci l detailing our concerns for the planned development at ·1601 Civic Center Drive (Charit ies Housing) and requested that this Citizen Proposal be considered on equal footing with any other proposa ls, and placed for consideration on a future City Council Agenda .
I understand t11at it is important that I attend the meeting in the event there are any questions the Council wishes to ask me.
NAME: Morte za Shafie i, representing Civic Center Village HOA, Civic Center HOA, Boulevard HOA and Park Vista Circle HOA and num erous other neighborhood Citizens ADDRESS: 1721 Triton Ct
Santa Clara
City
Street
95050
Zip Code
TELEPHONE: * ----- ------------'e"-'-n'-'-1a=i-'-'- l: --"e-'-'-111-'-"L'""1lo"-'-·id=@.;.;;....Ly-=a'-'-ho=--o"-'.-=-co=m-'--' Optional
DATE: 10-5-2021
•NOTE: This is a public document. If your telephone number is unlisted or if you do not want it to be public, please provide an alternate number where you can be reacl1ed.
S:\CityClerk\FORMS AND INFORMATION FOR STAFF USE\Writlen Petition Form· 2016.doc
CHARITIES HOUSING
SOBRATO CENTER FOR NONPROFITS – SAN JOSE 1400 PARKMOOR AVENUE, SUITE 190 SAN JOSE, CA 95126 MAIN: 408-550-8300 FAX: 408-550-8339 WWW.CHARITIESHOUSING.ORG
October 21, 2022
Ms. Cynthia Bojorquez
Assistant City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
RE: 1601 Civic Center Drive Santa Clara
Dear Ms. Bojorquez,
Charities Housing is the owner of the property located at 1601 Civic Center Drive, Santa Clara.
The property was purchase from a private party in January 2020 for $12,500,000. The site contains a vacant, two-story commercial building. Charities intends to develop this property with a total of 108 apartments; 106 will be affordable for families earning between 30% and 50% Area Median Income and will remain affordable for a minimum of 55 years. The remaining two apartments will be for onsite staff.
The City of Santa Clara has asked Charities Housing if they would be willing to sell the site to the City for the purpose of developing a park. Charities would prefer not the sell 1601 Civic Center Drive. Finding and purchasing an ideal property for affordable housing is a difficult and time-consuming process. In addition, Charities initially expected this site to be granted authority to develop under the Specific Plan that the City had been processing for over two years. When that failed to be adopted, Charities pursued a General Plan and rezoning change and CEQA approval. After many months and considerable expense, we are finally nearing completion of the entitlement process.
However, in the spirit of cooperation, Charities would consider selling the property to the City for $18,900,000. This will allow us to recoup the cost of the land, out of pocket expenses incurred to date and reimbursement for staff time spent for the almost 3 years of effort. We would also ask that the City provide an appropriate, alternative site for a new affordable housing development. For a site to be an appropriate alternative, it needs several key characteristic but the most important would be: 1) consistency with the general plan and/or zoning to enable the site to be rapidly entitled under an expedited process, 2) affordable on a per unit basis for the land, and 3) similar neighborhood amenities as the Civic Center site.
What makes the Civic Center site so ideal for affordable housing is its proximity to public transportation, schools, retail including a minimum 25,000 square fo ot grocery store, pharmacy, parks and medical facilities. Without these characteristics an affordable development would not be competitive for the other funding sources required to build affordable housing. If the City were interested in discussing and providing an appropriate alternative site, Charites would need to be part of the site selection process.
CHARITIES HOUSING
SOBRATO CENTER FOR NONPROFITS – SAN JOSE 1400 PARKMOOR AVENUE, SUITE 190 SAN JOSE, CA 95126 MAIN: 408-550-8300 FAX: 408-550-8339 WWW.CHARITIESHOUSING.ORG
Charities’ mission is to develop, own and manage affordable housing. If we were to sell the Civic Center property without a replacement site, it would be in direct conflict with our mission and responsibility to provide desperately needed homes for those most vulnerable in our community.
Sincerely,
Kathy Robinson
Director of Development
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1340 Agenda Date: 11/1/2022
REPORT TO COUNCIL
SUBJECT
Action on a Written Petition (Council Policy 030), Submitted by Kirk Vartan Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss the New Parking Permit Ordinance and Rules
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.
DISCUSSION
The City Clerk’s Office received a Written Petition on October 11, 2022 from Kirk Vartan, requesting to place an agenda item on a future council meeting for Council to discuss the new parking permit ordinance and rules. (Attachment 2).
In the request Kirk Vartan states:
I would like to discuss the new parking permit ordinance and rules. The current signs are already very restrictive at 1-2 hours for parking. As a small business, our employees need to park. Residents don’t need parking during the day as they have a 2-car garage and two driveway spots, allowing for four cars to be parked per house, at least near our pizza shop. I don’t believe public streets should be severely restricted like this. We are high taxpayers in this city, and we need your help. It has been fine so far. WHY do this now? Can businesses purchase permits? We need them.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.
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 City of Santa Clara Printed on 10/28/2022Page 1 of 2
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22-1340 Agenda Date: 11/1/2022
and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to council may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Set a future Council meeting date to take action on the Written Petition received.
2. Take no action.
3. Any other City Council Action, as determined by the City Council.
RECOMMENDATION
Staff makes no recommendation.
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Policy and Procedure 030 - Adding an Item on the Agenda
2. Written Petition submitted by Kirk Vartan dated October 11, 2022 City of Santa Clara Printed on 10/28/2022Page 2 of 2
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RESOLUTION NO. 20-8895
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND
COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM
REQUEST FORM
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That Resolution No. 20-8809 is hereby rescinded in its entirety.
2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.
II
II
II
Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17
3. 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 27rH DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference:
Chahal, Davis, Hardy, O'Neill, and Watanabe,
and Mayor Gillmor
None
None
None
ORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11 /22/17
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible
PURPOSE
POLICY
ADDING AN ITEM ON THE AGENDA
To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.
Members of the City Council:
The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.
Referral from a Council Committee:
Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. ·
Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.
Items Referred During a Council Meeting:
By Council action, an item may be referred to the City Manager for inclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 1 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possi ble
PROCEDURE
FOR WRITTEN
PETITIONS
ADD ING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:
Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.
1. All requests to address the City Council shall be submitted in writing.
Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to [email protected] .
2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 2 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible
PROCEDURE
FOR WRITTEN
REQUESTS
FROM CITY
COUNCIL
ADD ING AN ITEM ON THE AGENDA
1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.
2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.
Attachments: Council Item Request Form
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 3 of 3
City of
Santa Clara
The Ce nter of What's Possi ble
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.
CONTACT INFORMATION
Requesting Member of City Council --------------------
Contact E-mail ___________________________ _
Contact Phone _ ____ ______________________ _
Today's Date ____________________________ _
WRITTEN REQUEST
I, __________________ , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:
Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
City of
Santa Clara
The Ce nte r of Wha t's Poss ible
CITY COUNCIL WRITTEN PETITION
Please provide the information requested below. When complete, please submit to the City Clerk's Office, 1500 Warburton Avenue, Santa Clara, CA 95050.
Date: October 11, 2022
1, Kirk Vartan , am hereby requesting to be placed on the Santa Clara City Council Agenda for the following purpose:
I would like discuss the new Parking Permit ordinance and rules. The current signs are already very restrictive at 1-2 hours for parking. As a small business, our employees need to park. Residents don't need parking during the day as they have a 2-car garage and two driveway sport, allowing for four cars to be parked per house, at least near our pizza shop. I don't believe public streets should be severely restricted like this. We are high tax payers in this city and we need your help. It has been fine so far. WHy do this now? Can businesses purchase permits? We need them.
I understand that it is important that I attend the meeting in the event there are any questions the Council wishes to ask me.
Signed:
Kirk Vartan NAME: ______________ _
ADDRESS: __ 3_4_4_3_S_t_e_v_e_n_s_c_r_e_e_k_B_l_v_d __ _ Street
City Zip Code
TELEPHONE:* ____________ _
Optional
DATE: __ o_c_t_o_b_e_r __ 1_1_, _2_0_2_2 _______ _
*NOTE: This is a public document. If your telephone number is unlisted or if you do not want it to be public, please provide an alternate number where you can be reached.
S:\CityClerk\FORMS AND INFORMATION FOR STAFF USE\Written Petition Form - 2016.doc City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1344 Agenda Date: 11/1/2022
REPORT TO COUNCIL
SUBJECT
Action on a Written Petition (Council Policy 030), Submitted by Shprese Head Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss what the City of Santa Clara is doing to help get BMX riders back to Racing under USA BMX Sanction
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.
DISCUSSION
The City Clerk’s Office received a Written Petition on October 13, 2022 from Shprese Head, requesting to place an agenda item on a future council meeting for Council to discuss what Santa Clara County is doing to help get BMX Riders back to racing under USA BMX Sanction. (Attachment 2).
In the request Shprese Head states:
I, Shprese Head, am hereby requesting to be placed on the Santa Clara City Council Agenda for the following purpose: to discuss what Santa Clara County is doing to help get BMX riders back to racing under USA BMX Sanction. Putting the lease under USA BMX so that we can get back to racing.
It should be noted that Staff has scheduled an update to the City Council at its December 6, 2022 meeting.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Printed on 10/28/2022Page 1 of 2
powered by Legistar™
22-1344 Agenda Date: 11/1/2022
outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to council may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Set a future Council meeting date to take action on the Written Petition received.
2. Take no action.
3. Any other City Council Action, as determined by the City Council.
RECOMMENDATION
Staff makes no recommendation.
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Policy and Procedure 030 - Adding an Item on the Agenda
2. Written Petition submitted by Shprese Head dated October 13, 2022 City of Santa Clara Printed on 10/28/2022Page 2 of 2
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RESOLUTION NO. 20-8895
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND
COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM
REQUEST FORM
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That Resolution No. 20-8809 is hereby rescinded in its entirety.
2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.
II
II
II
Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17
3. 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 27rH DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference:
Chahal, Davis, Hardy, O'Neill, and Watanabe,
and Mayor Gillmor
None
None
None
ORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11 /22/17
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible
PURPOSE
POLICY
ADDING AN ITEM ON THE AGENDA
To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.
Members of the City Council:
The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.
Referral from a Council Committee:
Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. ·
Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.
Items Referred During a Council Meeting:
By Council action, an item may be referred to the City Manager for inclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 1 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possi ble
PROCEDURE
FOR WRITTEN
PETITIONS
ADD ING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:
Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.
1. All requests to address the City Council shall be submitted in writing.
Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to [email protected] .
2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 2 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible
PROCEDURE
FOR WRITTEN
REQUESTS
FROM CITY
COUNCIL
ADD ING AN ITEM ON THE AGENDA
1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.
2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.
Attachments: Council Item Request Form
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 3 of 3
City of
Santa Clara
The Ce nter of What's Possi ble
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.
CONTACT INFORMATION
Requesting Member of City Council --------------------
Contact E-mail ___________________________ _
Contact Phone _ ____ ______________________ _
Today's Date ____________________________ _
WRITTEN REQUEST
I, __________________ , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:
Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
City of
Santa Clara
CITY COUNCIL WRITTEN PETITION
Please provide the infonnation requested below. When complete, please submit to the City Clerk's Office, 1500 Warburton Avenue, Santa Clara, CA 95050. 1 J Date: /o i/3:/~oL?.__ .
,.,,~hitj,Pre-k.« Heap 'am hereby requesting to be placed on the Santa Cara C Council Agenda for the following purpose:
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Signed: <}tvp.rJo(___ ~ -
NAME: ¥ J)jo,J ·
ADDREss: ¼ ,5~l &we,~ C1nJe -
Street
City Zip Code
TELEPHONE:* ____________ _
Optional
*NOTE: This is a public document. If your telephone number Is unlisted or if you do not want _if to. please provide an alternate number where you can be reached. · S:\CityC/erk\FORMS ANO INFORMATION FOR STAFF USE\Written Petition Form. - 2016idoc .... ·.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1348 Agenda Date: 11/1/2022
REPORT TO COUNCIL
SUBJECT
Action on a Written Petition (Council Policy 030), Submitted by Lori Garmany Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider the Censure of Mayor Lisa Gillmor for the Leaking of Confidential Closed Session Settlement Information to the Press as well as Writing a Letter to Governor Newson
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.
DISCUSSION
The City Clerk’s Office received a Written Petition on October 25, 2022 from Lori Garmany, requesting to place an agenda item on a future council meeting for Council to discuss consider the censure of Mayor Lisa Gillmor for the leaking of confidential closed session settlement information to the press as well as writing a letter to Governor Newson. (Attachment 2).
In the request Lori Garmany states:
The censure of Mayor Lisa Gillmor for the leaking of confidential closed session settlement information to the press as well as writing a letter to Governor Newson asking him to help her campaign donor. In both instances the Mayor went above the City Council which is deemed inappropriate and unethical. Also recommend that these incidents be referred to the Santa Clara County District Attorney’s office.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Printed on 10/28/2022Page 1 of 2
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22-1348 Agenda Date: 11/1/2022
outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to council may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Set a future Council meeting date to take action on the Written Petition received.
2. Take no action.
3. Any other City Council Action, as determined by the City Council.
RECOMMENDATION
Staff makes no recommendation.
Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Policy and Procedure 030 - Adding an Item on the Agenda
2. Written Petition submitted by Lori Garmany received October 25, 2022 City of Santa Clara Printed on 10/28/2022Page 2 of 2
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RESOLUTION NO. 20-8895
A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND
COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM
REQUEST FORM
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That Resolution No. 20-8809 is hereby rescinded in its entirety.
2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.
II
II
II
Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17
3. 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 27rH DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference:
Chahal, Davis, Hardy, O'Neill, and Watanabe,
and Mayor Gillmor
None
None
None
ORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11 /22/17
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible
PURPOSE
POLICY
ADDING AN ITEM ON THE AGENDA
To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.
Members of the City Council:
The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.
Referral from a Council Committee:
Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. ·
Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.
Items Referred During a Council Meeting:
By Council action, an item may be referred to the City Manager for inclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 1 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possi ble
PROCEDURE
FOR WRITTEN
PETITIONS
ADD ING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:
Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.
1. All requests to address the City Council shall be submitted in writing.
Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to [email protected] .
2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 2 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible
PROCEDURE
FOR WRITTEN
REQUESTS
FROM CITY
COUNCIL
ADD ING AN ITEM ON THE AGENDA
1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.
2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.
Attachments: Council Item Request Form
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 3 of 3
City of
Santa Clara
The Ce nter of What's Possi ble
COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.
CONTACT INFORMATION
Requesting Member of City Council --------------------
Contact E-mail ___________________________ _
Contact Phone _ ____ ______________________ _
Today's Date ____________________________ _
WRITTEN REQUEST
I, __________________ , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:
Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
CITY COUNCIL WRITTEN PETITION
Please provide the information requested below. When complete, please submit to the City Clerk's Office, 1500 Warburton Avenue, Santa Clara, CA 95050.
Date: __ 10_/_15_/2_2_
Lori Garmany I, ____________ , am hereby requesting to be placed on the Santa Clara City Council Agenda for the following purpose:
The censure of Mayor Lisa GIiimor for the leaking of confidential closed session set1lement information to the press as well as writing a letter to Governor Newsom asking him to help her campaign doooi lo both instances the MayQr_went above the city council which is deemed .in.appropriate and unethical. Also recommend that these incidents be refered to the Santa Clara l&uoty District Attourney's offic.e~----------------
1 understand that it is important that I attend the meeting in the event there are any questions the Council wishes to ask me.
Signed:
NAME: __ Lo_r_i G_ar_m_a_n..J-y __ _
AooREss: 2202 Saint Claire Court
Street
Santa Clara, CA 95054
City Zip Code
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-904 Agenda Date: 11/1/2022
REPORT TO COUNCIL
SUBJECT
Update on City Council and Stadium Authority Staff Referrals
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND AND DISCUSSION
During Council and Stadium Authority meetings, the City Council or Stadium Authority Board provide direction on policy issues or refer information requests to staff for follow-up.
The purpose of the City Council and Stadium Authority Referrals Update is to provide the City Council/Stadium Authority Board and the public a current status report. Completion of the referrals may be communicated by various means such as: Report to Council, Information Memorandum provided through a Council Agenda or monthly City Hall News publication or during a future Council meeting.
The Referrals list will be published in the Council agenda packet under the “City Manager/Executive Director Report” section of the Council Agenda. Reports will include both open and closed referrals.
ATTACHMENTS
1. City Council and Stadium Authority Staff Referrals
City of Santa Clara Printed on 10/28/2022Page 1 of 1
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CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
FOR FOLLOW-UP/ACTION
Updated 10/26/22