Cities Index.
Agenda packet

City Council and Authorities Concurrent
November 15, 2022

Document
Agenda packet
Meeting
November 15, 2022
Body
City Council and Authorities Concurrent
Pages
167
Original file
99.9 MB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar.com. That file is the official record.

( c) OWNERS shall allow, and CITY requires, that after five ( 5) years, and every five ( 5) years thereafter, an inspection of the property's interior and exterior shall be conducted by a party appointed by CITY, to determine OWNERS' continued compliance with the terms of this Agreement. OWNERS acknowledge that the required inspections of the interior and exterior of the property were conducted prior to the effective date of this Agreement. ( 4) Provision for Information.
(a) OWNERS hereby agree to furnish CITY with any and all information requested by the CITY to determine compliance with the te1ms and provisions of this Agreement. (b) It shall be the duty of the OWNERS to keep and preserve, for the te1m of the Agreement, all records as may be necessary to determine the eligibility of the property involved, and the OWNERS compliance with the terms and provisions of this Agreement, including, but not limited to blueprints, permits, historical and/or architectural review approvals, and schedules of potential home improvements drafted by the OWNERS and approved by the City Council. (5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California Government Code Section 50280, et seq., shall cancel this Agreement or bring an action in couti to enforce this Agreement if it dete1mines any one of the following:
(i) the OWNERS breached any of the terms or conditions of this Agreement; or
(ii) the OWNERS have allowed the property to deteriorate to the point that it no longer meets standards for a qualified historic property. (b) CITY may also cancel this Agreement if it detennines that:
(i) the OWNERS have allowed the property to deteriorate to the point that it no longer meets building standards of the City Code and the codes it incorporates by reference, including, but not limited to, the Uniform Housing Code, the California Historical Building Code, the California Fire Code, and the Uniform Code for the Abatement of Dangerous Buildings or; (ii) the OWNERS have not complied with any other local, State, or federal laws and regulations.
(iii) the OWNERS have failed to restore or rehabilitate the prope1iy in the manner specified in subparagraph 3 (b) of this Agreement. ( c) In the event of cancellation, OWNERS shall pay those cancellation fees set fotih in California Government Code Section 50280, et seq. As an alternative to cancellation, OWNERS may bring an action in court to enforce the Agreement. (6) No Waiver of Breach.

Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022

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(a) No waiver by CITY of any breach under this Agreement shall be deemed to be a waiver of any other subsequent breach. CITY does not waive any claim of breach by OWNERS if CITY does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for under the terms of this Agreement or in the City's laws and regulations are available to the City.
(7) Mediation.
(a) Any controversies between OWNERS and CITY regarding the constrnction or application of this Agreement, and claim arising out of this contract or its breach, shall be submitted to mediation upon the written request of one party after the service of that request on the other party. (b) If a dispute arises under this contract, either party may demand mediation by filing a written demand with the other party.
( c) The parties may agree on one mediator. If they cannot agree on one mediator, there shall be three: one named in writing by each of the parties within five days after demand for mediation is given, and a third chosen by the two appointed. Should either party refuse or neglect to join in the appointment of the mediator(s) or to furnish the mediator(s) with any papers or infmmation demanded, the mediator(s) may proceed ex parte. ( d) A hearing on the matter to be arbitrated shall take place before the mediator(s) in the city of Santa Clara, County of Santa Clara, State of California, at the time and place selected by the mediator(s). The mediator(s) shall select the time and place promptly and shall give party written notice of the time and place at least fifteen ( 15) days before the date selected. At the hearing, any relevant evidence may be presented by either paiiy, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the mediator(s). The mediator(s) shall hear and dete1mine the matter and shall execute and acknowledge the award in writing and cause a copy of the writing to be delivered to each of the parties.
( e) The submission of a dispute to the mediator( s) and the rendering of a decision by the mediator(s) shall be a condition precedent to any right of legal action on the dispute. A judgment confoming the award may be given by any Superior Comi having jurisdiction, or that Court may vacate, modify, or correct the award in accordance with the prevailing provisions of the California Mediation Act.
(f) Each party shall bear their own cost(s) of mediation. (8) Binding Effect of Agreement.
(a) The OWNERS hereby subjects the Historic Prope1iy described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set fo1ih in this Agreement. CITY and OWNERS hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants rnnning with the land and shall pass to and be binding upon the OWNERS successors and assigns in title or interest to the Historic Prope1iy. Each and every contract, deed, or other instrument hereinafter executed, covering, encumbering, or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022

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regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrnment.
(b) CITY and OWNERS hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set f01ih herein touch and concern the land in that OWNERS' legal interest in the Historic Property.
( c) CITY and OWNERS hereby fmther declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Propeliy for the benefit of the CITY, public (which includes, but is not limited to the benefit to the public street generally located at 1184 Washington Street), and OWNERS.
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the pmiies hereto.

CITY: City of Santa Clara
Attn: City Clerk
1500 Warbulion Avenue
Santa Clara, CA 95050
OWNERS: Robe1t and Julie Salinas
1184 Washington Street
Santa Clara, CA 95050
(b) Prior to entering a contract for sale of the Historic Prope1iy, OWNERS shall give thirty (30) days notice to the CITY and it shall be provided at the address of the respective parties as specified above or at any other address as may be later specified by the parties hereto. (10) No Partnership or Joint Enterprise Created. None of the tenns, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns; nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. (11) Hold Harmless and Indemnification. To the extent permitted by law, OWNERS agree to protect, defend, hold harmless and indemnify CITY, its City Council, commissions, officers, agents, and employees from and against any claim, injury, liability, loss, cost, and/or expense or damage, however same may be caused, including all costs and reasonable attorney's fees in providing a defense to any claim arising there from for which OWNERS shall become legally liable arising from OWNERS' acts, errors, or omissions with respect to or in any way connected with this Agreement.
(12) Attorneys' Fees. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing pa1iy in such proceeding Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022

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may recover all reasonable attorney's fees to be fixed by the court, in addition to costs and other relief ordered by the court.
(13) Restrictive Covenants Binding. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Prope1iy, whether by operation of law or in any manner pursuant to this Agreement.
(14) Mills Act Historic Property Contract Application Requirements. An application for a Mills Act Historic Property Contract shall be made through the Planning Division and shall include the following:
a. a Historic Resources Inventory fonn;
b. the description of the preservation or restoration efforts to be undertaken as referenced in paragraph 3 (b) as Exhibit "D";
c. a statement of justification for the Mills Act Hist01ic Prope1iy designation and reassessment; and,
d. the Mills Act Historic Property Contract filing fee pursuant to paragraph 1 7. (15) Mills Act Historic Property Contract Approval. Based upon the Historical and Landmarks Commission's ("Commission") review of the Mills Act Historic Property Contract criteria and recommendation to Council, and based upon the recommendation and approval by Council, a Mills Act Historic Property Contract may be entered into with OWNERS. The decision of the City Council shall be final and conclusive in the matter. (16) Recordation and Notice. No later than twenty (20) days after the parties execute and enter into this Agreement, the CITY shall cause this Agreement to be recorded in the office of the County Recorder of the County of Santa Clara.
(17) Fees. The Planning Depaiiment may collect such Mills Act Historic Prope1iy Contract application fee of $8,078.70 ( eight thousand, and seventy-eight dollars and seventy cents), or other fees for the administration of this contract as are authorized from time to time by the City Council. Such fees do not exceed the reasonable cost of providing the service for which these fees are charged. OWNERS shall pay the County Recorder's Office recordation fees for recordation of this Mills Act Hist01ic Property Contract and the recordation of the OWNERS updated Historic Resources Invent01y fonn.
(18) Ordinary Maintenance. Nothing in this contract shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any Historic Prope1iy covered by this contract that does not involve a change in design, material, or external appearance thereof, nor does this contract prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such external architectural feature when the Director of Planning and Inspection determines that such action is required for the public safety due to an unsafe or dangerous Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022

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condition which cannot be rectified through the use of the California Historical Building Code and when such architectural feature can be replaced according to the Secretary oflnterior's Standards. (19) California Historical Building Code. The California Histo1ical Building Code ( 11 CHBC 11 ) provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of strnctures designated as Historic Properties. The CITY's building permit procedure shall be utilized for any Historic Property which is subject to the provisions of this Agreement, except as otherwise provided in this Agreement or the CHBC. Nothing in this Agreement shall be deemed to prevent any fire, building, health, or safety official from enforcing laws, ordinances, rnles, regulations, and standards to protect the health, safety, welfare, and property of the OWNERS or occupants of the Historic Property or the public.
(20) Conservation Easements.
(a) Conservation easements on the facades of the Historical Property may be acquired by the CITY, or on the CITY's behalf, by a nonprofit group designated by the CITY through purchase, donation, or condemnation pursuant to California Civil Code Section 815. (b) The OWNERS, occupant, or other person in actual charge of the Historical Property shall keep in good repair all of the exterior portions of the Historic Property, and all inteiior portions thereof whose maintenance is necessaiy to prevent deterioration and decay of any exterior architectural feature.
( c) It shall be the duty of the Director of Planning and Building Inspection to enforce this section.
(21) Severability. If any section, sentence, clause, or phrase of this Agreement is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, or by subsequent preemptive legislation, such decision shall not affect the validity and enforceability of the remaining provisions or portions of this Agreement. CITY and OWNERS hereby declare that they would have adopted this Agreement, and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional.
(22) Integrated Agreement - Totality of Agreement. This Agreement embodies the agreement between CITY and OWNERS and its terms and conditions. No other understanding, agreements, or conversations, or othe1wise, with any officer, agent, or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon CITY.
(23) Captions. The captions of the various sections, paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of interpretation. (24) Statutes and Law Governing Contract. This Agreement shall be governed and constrned in accordance with the statutes and laws of the State of California.

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(25) Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrnment executed by the paiiies hereto.

IN WITNESS WHEREOF, CITY and OWNERS have executed this Agreement on the day and year first written above.

CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM:

Office of the City Attorney
City of Santa Clara
ATTEST:

Rajeev Batra
City Manager
1500 Warbmion Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax Number: (408) 241-6771
"CITY"
Robert and Julie Salinas,
Owners of 1184 Washington Street
By: ------------- By:-------------
Robert Salinas
1184 Washington Street
Santa Clara, CA 95050
"OWNERS"
Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022
Julie Salinas
1184 Washington Street
Santa Clara, CA 95050

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Exhibits:

A - Property Description
B - Primary Record
C - Standards for Rehabilitation
D - Restoration Schedule
I:\PLANNING\2022\Project Files Active\PLN22-00244 I 184 Washington Street (Mills Act, Variance)\! 0.06.22 HLC\Mills Act Contract.doc Historic Property Preservation Agreement/1184 Washington Street Typed: 04/14/2022

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Secretary of Interior's Standards for Rehabilitation

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10. New additions and adjacent or related new construction will be undertaken In such a manner that, if removed In the future, the essential form and Integrity of the historic property and its environment would be unimpaired.

May 9th, 2022
Shea & Julie Salinas
1184 Washington Street
Santa Clara, CA 95050
10-Year Restoration Maintenance Plan
Russell Robinson House
1184 Washington Street
Dear Planning Staff and Historic and Landmark Commissioners, The following is our proposed 10-year plan for the restorations and maintenance of our historic home at 1184 Washington Street.

All items to meet the Secretary of Interiors standards for Treatment of Historic Properties:

Years 1-2 (2022-2023}
Deferred Maintenance: These first two years will include doing much of the deferred maintenance to bring the historic home back to life. This includes repairing interior plaster cracks, repairing banister railing cracks, painting, refinishing front door, updating plumbing fixtures to be more water efficient and water tight, replacing broken window panels, installing an efficient HVAC system, clearing out dead landscaping, repairing & painting front picket fence, and replacing any rotted perimeter fencing and gates.

Years 3-4 (2024-2025):

Foundation: Redo deteriorating and compromised brick foundation and utility basement.

Years 5-7 (2026-2028):

Addition & Renovation: Add onto the house to accommodate a master suite and guest suite. Enlarge kitchen and update bathrooms to adapt the home to better suit our growing family's needs (adaptive reuse).

Year 8 (2029):

Window Restoration: Restore / Repair existing historic wood window sashes. Any minor dry rot areas on the window sashes shall be repaired with epoxy filler and repainted to match. Where elements of the existing window sashes have excessive rot (stiles or rails) they shall be replaced with salvaged or custom milled wood to match. Glazing putty, where cracked, shall be replaced and the window sash shall be painted to match existing.

Year 9-10 (2030-2031):

Painting & Shutters: Repaint entire exterior of residence, including all exterior wood siding, eaves, gutters, downspouts, windows, doors and associated trim. Any minor dry rot or pest/rodent damaged areas found shall be repaired with epoxy filler and repainted to match. Repair and repaint existing shutters and put them back on the house.

We are passionate about restoring and rehabilitating our wonderful historic home so that it can be preserved and enjoyed for many years to come.

Sincerely,
Shea & Julie Salinas

ARCHIVES

ARCHITEC E

SECRETARY OF THE INTERIOR'S STANDARDS REVIEW

REHABILITATION OF HISTORIC PROPERTY
that includes
PROJECT TO ALTER AN EXISTING DETACHED GARAGE/BARN to include a

NEW ACCESSORY DWELLING UNIT
1184 Washington Street
(Parcel Number 269-15-043)
Santa Clara, Santa Clara County, California
For:

Shea and Julie Salinas
1184 Washington St.

Santa Clara, CA 95050
Prepared by:

ARCHIVES & ARCHITECTURE LLC
PO Box 1332
SanJos~CA 95109
408 .369.5683
www.archivesandarchitecture .com
Leslie A.G. Dill, Partner and Historic Architect
July 11, 2022
2 INTRODUCTION
Executive Summary
The proposed residential rehabilitation project at 1184 Washington St. in Santa Clara, California, can be found to be substantially compatible with the Secretary of the Interior's Standards for the Treatment of Historic Properties - Rehabilitation Standards (Standards); the project, therefore, can be found to be mitigated to a less-than-significant impact under the California Environmental Quality Act (CEQA) and within the parameters of Mills Act Contracts.

The proposed rehabilitation project would substantially preserve the integrity of the historic property in terms of!ocation, design, materials, art isanship, feeling, and association. The proposed project would maintain the current level of integrity of the setting. The authenticity of the property would be adequately preserved.

The analysis is described more fully in the report that follows.

Report Intent
The homeowners, Shea and Julie Salinas retained Archives & Architecture LLC, to conduct a Secretary of the Interior's Standards Review and Integrity Analysis of the proposed project.

Archives & Architecture was asked to review the exterior elevations, plans, and site plan of the project to determine if the proposed design is compatible with the Secretary of the Interior's Standards for Rehabilitation (Standards). The Standards are understood to be a common set of guidelines for the review of historic buildings and are used by many communities during the environmental review process to determine the potential impact of a project on an identified resource. Finding the project to be compatible with the Standards could serve to demonstrate how the project would have a "less than significant impact" on the environment under CEQA and meet Mills Act rehabilitation criteria.

Historic integrity ana lysis is also useful as a summary component of the design review process. It relates to the criteria for National Register and California Register eligibility. A project that might impact the integrity of a historic resource could impact the significance of that resource. According to the California Office of Historic Preservation Technical Assistance Series #6:

Integrity is the authenticity of a historical resource's physical identity evidenced by the survival of characterist ics that existed during the resource's period of significance . Historical resources eligible for listing in the California Register must meet one of the criteria of significance described above and retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance. Historical resources that have been rehabilitated or restored may be evaluated for listing. Integrity is evaluated with regard to the retention of location, design , setting, materials, workmanship,feeling, and association. It must also be judged with reference to the particular criteria under which a resource is proposed for eligibility. Alterations over time to a resource or historic changes in its use may themselves have historical, cultural, or architectural significance. [Emphasis added]
Qualifications
Leslie A.G. Dill, Partner of Archives & Architecture LLC, has a Master of Architecture with a certificate in Historic Preservation from the University of Virginia and a Bachelor of Arts in Architecture from Princeton University. She is licensed in California as an architect. Ms. Dill is listed with the California Office of Historic Preservation as meeting the requirements to perform identification, evaluation, registration, and treatment activities within the professions of Historic ARCHlVES A R C H 1 T E C T U R E
3 Architect and Architectural Historian in compliance with state and federal environmental laws. The state utilizes the criteria of the National Park Service as outlined in 36 CFR Part 61.

Review Chronology and Methodology
In May 2022, Archives & Architecture LLC was retained by the homeowners to provide historic design-review services. In June 2022, a site visit to the property was undertaken by Leslie Dill of Archives & Architecture LLC, where she met with the owners and observed the existing buildings and setting .

For this review, Leslie Dill received and referred to the intensive survey documentation and evaluation contained in the State of California Department of Parks and Recreation Form 523 (DPR523), written by William Kostura and dated September 2021. The design review refers to this document for compatibility of the proposed work, and the integrity statement in this review is based on the integrity statement in the DPRS23 documentation and ana lysis.

An electronic copy of the proposed design set, dated 04 /29 /22, was forwarded to Leslie Dill by Robert Mayer, Architect. The drawing set reviewed consists of six sheets (Al.0, A2.0, A3.0, A4.0 and A4.l, and AS.0). An initial review was provided by Archives & Architecture, and no initial comments or recommendations were conveyed to the architect or owners, and no revisions were prepared.

The final review was based on this same drawing set. The analysis and conclusions of the design review are presented in this report.

Disclaimers
This report addresses the project plans in terms of historically compatible design of the exterior of the residence and its setting. The consultant has not undertaken and will not undertake an evaluation or report on the structural conditions or other related safety hazards that might or might not exist at the site and building and will not review the proposed project for structural soundness or other safety concerns. The Consultant has not undertaken analysis of the site to evaluate the potential for subsurface resources.

PROJECT DESCRIPTION
Historic Status
Per the William Kostura historic docum entat ion (DPR523) forms, in ... "Section 8.9 of the City of Santa Clara's General Plan ... the Historic Preservation and Resource Inventory ... the subject house is called the Russell-Robinson house and is dated 1861." The DPRS23 form evaluated the property for historic integrity, and the house and property were found to have integrity that provide authentic associations.

The property was evaluated using the criteria of the California Register of Historic Resources. It was determined eligible for the California Register under Criterion 1 (patterns or events in history) This house was built in the 1850s or early 1860s ... Because of its [mid-nineteenth-century] construction date and high integrity, this house represents, as very Jew are able to, the very early history of Santa Clara when the town was still largely rural. Accordingly, it appears to be eligible for the California Register at the local level under this criterion. The Period of Significance under this criterion is from the 1850s (the most likely construction date) through the 1910s, when much of the Old Quad area was still being developed.

Kostura determined that the property does not currently appear eligible for the California Register under Criterion 2 ( associations with significant personages). The significance of the carpenter who owned and likely built the house has not been established in the larger context of the City's history.

ARCHIVES A R C H 1 T E C T U R E
4 The property was also evaluated as being eligible for the California Register under Criterion 3, "Resources that embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of a master, or possess high artistic values," as follows:

This is an outstanding blend of Gothic Revival and Greek Revival styles . The carved bargeboard in the gable is crisp and distinctive, and the Gothic feeling imparted by that bargeboard is supported by a drip molding over the window below. The Greek Revival entrance consists of a small cornice, an incised frieze, incised pilasters with capitals, sidelights, and a transom, and is very fine. Other elements of the house, most notably the paneled door, six-over-six windows, beveled siding, and boxed eaves are typical of the 1850s and greatly add to the feeling of an 1850s house. The corner panels or battens are unusual; their incised lines relate to those in the main entrance and contribute to the stylistic feeling . The entrance on the north side is a simpler version of the main entrance and relates to it visually.

In sum, this is a carefully designed house that effectively blends the two styles that were most prominent in Santa Clara in the 1850s and early 1860s and is easily one of the best houses of that period in Santa Clara. For these reasons this house appears to be eligible for the California Register at the local level under this criterion. Because so few houses of these styles still stand with high integrity in California, and because this is a good example of a blend of these styles, it also appears to be eligible at the state level. The Period of Significance is the 1850s-1860s, the likely date of construction.

The property was also evaluated in the DPR forms using the Criteria for Local Significance of the City of Santa Clara. It was found to meet Criteria 1 and 5 for Historical or Cultural Significance; Criteria 1, 6, and 7 for Architectural Significance; and Criterion 1 for Geographic Significance. Of note is the contribution of the property within the significant historic area of Santa Clara known as the Old Quad.

Character of the Existing Resource
The main house on the property is described by William Kostura in the DPR523 form. The character-defining ("contributing") features of this hou se are:
* The T-shaped footprint
* The cross-gabled roof with boxed eaves
* The bevel siding
* All six-over-si x windows and the fixed window in the front gable, and their trim * The carved barge board in the front gable
* The drip mold over the window below that gable
* All parts of the Greek Revival front entrance and the more restrained entrance on the north side, including trim
* The front door and its hardware
* The narrow, incised panels ( or battens) at the corners of the house Non-contributing features listed in the DPR523 form include:
* The brick foundation.
* The one-story addition that fills most of the angle on the south side of the house * Small second story windows on the south side, directly above that addition * The barn [emphasis added], the pool house, and the landscaping Summary of the Proposed Project
The proposed scope of work includes alterations to the existing detached outbuilding identified on the drawing set as the "garage" and "proposed ADU" and in the DPR523 documentation as the "barn." This report will use "garage/barn" to be clear. The garage/barn building is identified as being constructed after 1961, and it is not considered a contributing feature of the historic ARCHIVES A R C H 1 T E C T U R E
5 significance of the property. In this project, no physical changes are proposed to the historically significant house itself.

The project scope includes primarily interior alterations of the existing detached two-story garage/barn building; these changes will result in alterations to the exterior that include the addition of windows, skylights, and the alteration of doors and windows. The interior changes include the remodeling of the first-floor garage and living space, as well as the construction of a new accessory dwelling unit in the second story of the garage.

SECRETARY'S STANDARD'S REVIEW:

The Secretary of the Interior's Standards for Rehabilitation (Standards), originally published in 1977 and revised in 1990 , include ten standards that present a recommended approach to repair, while preserving those portions or features that convey a resource's historical, cultural, or architectural values. Accordingly, Standards states that, "Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values." Following is a summary of the review with a list of the Standards and associated analysis for this project:

1. "A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment."
Analysis: There is no effective change of use proposed for this residential property, although there is some potential intensification of use with the inclusion of a secondary unit within the proposed detached building.

As a rule of thumb for this reviewer, a project that meets the subsequent nine Standards can be considered to meet this Standard as well. A proposed project that preserves significant historic fabric, provides a compatible new design, and is potentially reversible in the future can be considered to have a compatible use. In this case, the project does meet those Standards, so the use can be considered compatible.

2. "The historic character ofa property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided."
Analysis: No character-defining portion of the historic main house massing is proposed for removal; the forms and footprint of the historic residence will be substantially preserved.

Regarding open space/spatial relationships, the proposed garage/barn will not be altered in its footprint or massing. The existing building is relatively large for the neighborhood, but it is set away from the historic main house, preserving an open area around the house's perimeter and not changing the spatial relationship of the house to its immediate setting within the property.

From aerial maps, it can be observed that the historic neighborhood includes many house additions and accessory buildings in their rear yards; this proposed garage/barn is consistent with that pattern and will continue to be substantially compatible with the overall spatial characteristics of the area.

ARCHIVES &: A R C H 1 T 1l C T U R 1l
6 3. "Each property shall be recognized as a physical record of its time, place, and use.

Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken."
Analysis: There are no proposed changes that might be mistaken for original features; the massing, siding, and trim have adequate differentiation (See Standard 9). The existing second -story front "hay" doors, which appear vintage and are likely salvage that were added to this modern building, will be removed; the new windows will clarify the more-recent garage /b arn construction date. Although the front door to the ADU and the proposed new garage door include diagonal v-groove paneling that recalls historic barn detailing; the modern operation of the garage door and the modern location and use of the door will not convey a false sense of history. These traditional features provide compatible scale and design (See also Standard 9).

4. "Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved." Analysis: It is understood that no elements of the property affected by the project (i.e., no parts of the garage /barn) have acquired historic significance in their own right. The project is compatible with this Standard.

5. "Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved." Analysis: Distinctive features and finishes that identify the property are shown as preserved on the proposed drawings. Specifically, this means that the historic main house and its immediate setting will be untouched and preserved in this project, including: "the T­ shaped footprint; the cross-gabled roof with boxed eaves; the bevel siding; all six-over-six windows and the fixed window in the front gable, and their trim; the carved bargeboard in the front gable; the drip mold over the window below that gable; all parts of the Greek Revival front entrance and the more restrained entrance on the north side, including trim; the front door and its hardware, and the narrow, incised panels ( or battens) at the corners of the house."

6. "Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence."
Analysis: No deteriorated historic features are proposed to be replaced or repaired in this project. The project physically only impacts the garage /barn outbuilding

7. "Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible."
Analysis: No chemical or physical treatments of historic elements or materials are shown as proposed in this project.

ARCHlVES A R C H 1 T E C T U R E
7 8. "Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken."
Analysis: Archeological resources are not evaluated in this report.

9. "New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment."
Analysis: The proposed garage/barn alteration would remain compatible with the historic character of the main house and would be differentiated by its detailing, materials, and form. The existing garage /barn building is set away from, and to the rear of, the historic main house, allowing the house to remain predominant in the composition . As for other detached buildings on significant properties, the garage/barn can be understood as clearly separate new construction. The alterations do not interrupt that understanding.

The alteration of the garage/barn requires the removal and installation of new garage doors, the addition of a new second-unit front door, and the removal and alteration of the second-story windows facing the street (northeast). Four new first-floor windows are proposed facing the immediate neighbor to the left (southeast). The sole alteration to the rear ( southwest) of the building will the addition of a new first-floor window. Facing the interior of the property (right, northwest), alterations include the removal of four existing windows (two upstairs and two downstairs), the relocation of the entrance door, the addition of a wide door opening, the installation of thre e new windows ( one downstairs and two upstairs), and the addition of two new skylights.

The proposed alterations are designed to be in keeping with this Standard. The existing roof is proposed to remain; its slope differentiates the garage /barn design from the distinctive steep roof of the historic house, while its gabled form remains compatible. The existing vertical board-and-batten siding will continue to differentiate this recent outbuilding from the historic house, which features mid-nineteenth-century horizontal wood siding . The repetitive siding elements provide similar scale of materials. The small single-lite proposed garage /barn windows are differentiated from the distinctively historic 6/6 wood windows at the main house in size and scale. The size of the window glazing is larger than the main house, providing differentiation, while the scale and proportion of the window sizes with respect to the expanses of siding are compatible with the historic house and neighborhood.

The window trim at the garage/barn will be compatible flat-board trim, differentiated from the house trim by its simplicity.

10. "New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired."
Analysis: The proposed design would preserve the character-defining form and integrity of the historic property. The essential historic features, form, materials, and character of the main house would be untouched/unimpaired in this project, and the proposed detached accessory building (garage/barn) could be removed in the future without impact to the property.

ARCHIVES A R C H 1 T E C T U R E
8 HISTORIC INTEGRITY ANALYSIS
The following analysis is intended to address how the proposed residential rehabilitation and addition project might potentially preserve or impact the historic integrity of the subject property.

The analysis utilizes the seven aspects of historic integrity indicated by the National Register and State of California's definition of authenticity of a resource.

Location: Per the integrity analysis in the Kostura DPRS23 form: "[The house] has never been moved , so it retains integrity of location." The project does not propose a relocation or alteration of the address or position of the house or changes to the footprint of the more-recent garage/barn or other outbuildings. The location of the contributing historic resource has been and would be preserved in this project.

Setting: The integrity of setting would not be additionally impacted by the proposed project. Per the Kostura integrity analysis: "The front and backyards of this house have been changed with new landscaping and out-buildings, and so this property's internal integrity of setting has been lost.

However, several 19th century and early 20th century houses still stand in the immediate neighborhood, so the external setting is largely intact." The current project would maintain the existing immediate setbacks for the historic house to be used, viewed, and understood, apart from the other buildings on the property. The larger neighborhood setting would also be maintained as-is, per the existing size, massing, and scales of the historic and associated buildings in the larger landscape.

Design, Materials, Artisanship: The project does not propose to alter the historic house that characterizes the property. The Kostura integrity analysis notes, "The one-story addition that fills most of the angle between the front block and the rear stem on the south side is the only alteration of note. The front of the house and the north side appear to be unchanged. Thus, the house retains integrity of design, materials, and worlananship . In particular, the survival of so many six-over -six windows is very remarkable for a house of this age and they represent the workmanship of this period in a way that very few other houses do." The proposed project does not include house alterations; its existing integrity will be preserved. All identified character -defining forms, materials, and elements would be preserved .

Feelings: The historic residence and altered property, with the proposed new garage/barn alterations, would continue to convey the 1850s-60s feelings conveyed by the "Gothic Revival bargeboard and drip mold and the Greek Revival entrance of the main house," per the DPRS23 form. The house's age and significance would be preserved .

Associations: With this project, "Early occupants of this house would certainly recognize it as the house they had lived in, and so it retains integrity of association." The property would continue to provide continuity of associations with the period of significance and architectural styles within the Old Quad neighborhood.

CONCLUSIONS
The proposed project can be found compatible with the Secretary of the Interior's Standards for the Treatment of Historic Properties - Rehabilitation Standards. A project that meets the Secretary of the Interior's Standards can be found to be mitigated to a "less than significant impact" under the California Environmental Quality Act.

The proposed project can also be found to preserve the historic integrity of the significance of the property . With the proposed garage / barn alteration project, the property can be found to continue to convey its historic associations , including the continued prominence of an authentic mid- ARCHJV'ES A R C H 1 T 'E C T U R 'E
9 nineteenth-century building, with integrity of location and larger setting, with methods and materials of construction, feelings, and associations. The existing loss of immediate setting would not be exacerbated by these modifications.

ARCHIVES &. A R C H 1 T E C T U R E

CONDITIONS OF APPROVAL

GENERAL
A. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

B. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY'S OFFICE
A. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

COMMUNITY DEVELOPMENT

BUILDING DIVISION
BD1. Informational: Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer.

The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.

BD2. Informational: The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map: https://msc.fema .gov/portal/home . The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.

BD3. Informational: The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp -w2k.com /nd wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:https://www.santaclaraca .gov/our-city/departments -g-z/public-works/environmental­ programs /stormwate r-pollution-prevent ion and will be routed to a contract consultant for review.

BD4. Informational: no California construction code review is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed (19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged. • During construction retaining a single company to install all fire rated penetrations is highly recommended.
• The grade level lobbies shall be min.1 hour rated all sides and above. • All stair shafts shall be min. 1 hour rated.
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Conditions of Approval

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• All elevator shafts shall be min. 1 hour rated.
• All trash chute shafts shall be min. 1 hour rated.
• Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room. • Any trash rooms shall be min. 1 hour rated all sides and above.

BD5. Informational: The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.

BD6. Informational: Temporary Certificates of Occupancy will not be routinely issued, and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.

PLANNING DIVISION
P .1 Obtain Building permit for all work subject to Building Permit per City Administrative code Chapter 15.

05. A detailed review will be done at the time of submittal for building and Building Inspection Division related permits such as Electrical, Mechanical and Plumbing.

P.2 Applicant agrees to defend and indemnify and hold City, its officers, agents, employees, officials, and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed against the City by reason of its approval of developer's project.

P.3 The project proposals shall not have a significant adverse effect on the integrity of the HRI property.

P.4 Landscaping installation shall meet City water conservation criteria in a manner acceptable to the Director of Planning and Inspection.

P.5 Applicant is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

P.6 Construction activity shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of residential use and shall not be allowed on recognized State and Federal holidays.

PUBLIC WORKS

ENGINEERING
E1. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process. Contact Public Works Department at (408) 615-3000 for further information.

E2. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be submitted within a Single Encroachment Permit to be reviewed and issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

E3. Submit public improvement/encroachment permit plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements directly to the Public Works Department. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits. 1184 Washington Street- PL22-00244
Conditions of Approval

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WATER & SEWER
W1. Encroachment Permit: Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.

W2. Utility Design Plans: Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details. Note that all new water meters and backflow prevention devices shall be located behind the sidewalk in a landscape area. Fire hydrants should be located two feet behind monolithic sidewalk if sidewalk is present; two feet behind face of curb if no sidewalk is present, per City Std Detail 18. The plans shall provide the profile section details for utilities crossing water, sewer, or recycled water mains to ensure a 12" minimum vertical clearance is maintained.

W3. Utility Separations: Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12" of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 1 O' from sanitary sewer utilities, 1 O' from recycled water utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5' from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 1 O' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures (fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.

W4. City Standard Meters and Backflows: All proposed meters and backflows for all water services shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.

W5. Easements: Prior to City's issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement. Additionally, the applicant shall submit plans defining existing easements so Water Division can verify if there are any conflicts with proposed easements and water utilities.

W6. Underground Fire Permit: Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000. A dedicated fire service line, with an approved backflow prevention device, shall be used for on-site fire hydrants. Fire service lines required for commercial and industrial use shall be sized appropriately per fire flow demand and code requirements.

W7. Record Drawings: Upon completion of construction and prior to the City's issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water 1184 Washington Street- PL22-00244
Conditions of Approval

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utility infrastructure prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.
1184 Washington Street- PL22-00244
Conditions of Approval

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May 9, 2022
Shea and Julie Salinas
1184 Washington St.

Santa Clara, CA 95050
Planning Department
City of Santa Clara
Santa Clara, CA
Variance Request: 1) We are requesting a variance to convert the 2nd story of an existing 2- story barn into a 2nd story accesory dwelling unit.

Project Location: 1184 Washington St. Santa Clara, CA 95050 APN: 269-15-043
Dear Planning Staff & Commissioners:

This application includes plans to transform a 2-story detached barn that has been primarily used for storage and a workshop into a 2nd story accessory dwelling unit, a 1st floor entertaining space/"pool house", and a garage. The existing 1,700 square foot 2-story barn structure is in the rear of 1184 Washington Street. The property is a 10,062 square foot lot located in the Historic "Old Quad", zoned R1- 6L and contains a 2-story residence that is on the City's historic registry. We are requesting a variance to create a 2nd story ADU in the existing detached barn.

We are proposing to transform the existing 2-story, 1,700 square foot, barn into a usable space that will add to the utility of the strucure, not affect the surrounding neighbors, and allow for a more sustainable and efficient use of the property for our family.

We understand that the Planning Commission must make the following four findings in order to grant the variances (Sec 18.108.040). Our justification for the variance is as follows:
(A) That there are unusual conditions applying to the land or building which do not apply generally in the same district:
(1) Unusual Land due to the existing permitted structure location and size.

In 1979 plans were approved to build the back half of the current barn and a height variance was granted for the 2nd story. In 1995, the addition of the front half of the barn was built. The purpose at the time was to have a wood working shop and antiques storage. The functionality and usability of the barn in it's current state is not practical as 1,700 square feet of storage. Our hope is to turn this space into something that is functional and beneficial to us and the community. By allowing this variance you would allow us to add to the value and usability of the unusual 2 story barn. (BJ That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner:
(1) Preserving the Historical Integrity of the House
Converting the existing 2nd floor storage area into an ADU would help support our growing family's needs as well has help us, financially and logistically, to do the necessary renovations and preservation of the historically significant main house. We plan to complete this ADU first so that we could live in it while restoration work is being done on the main residence. Once the main house is completed, renting the ADU would help pay for the costs of the extensive and ongoing preservation of the main house.
2) Provide a separate space for a helper for our family of 6.

We have 4 children - ages 7, 5, 3, and 3 months. Our immediate families live in South Carolina and Texas. Thankfully we have been surrounded by people in our church who love our family and help us juggle the many tasks that come along with having a big family while being involved in the community. We would love to offer a more affordable living location to friends who can continue to help support and be a part of our extended family. This ADU would allow us to have help literally in the back yard.
(C) That the granting of such variance shall not, under the circumstances for the particular case, materially affect adversely the health, saftey, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the applicant's property, and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood:
(1) Designed Sensitively to Neighbors
Since the building already exists it will not change or harm the health, safety, peace, morals, comfort, or general welfare of the neighborhood. The proposed accessory structure is located at the rear of the property similar to other accessory buildings on neighboring properties and preserves neighbors' privacy.

In an effort to continue to preserve our neighbors' privacy, all of the 2nd story windows face onto our property (towards our house, driveway or rear yard).

In addition, part of the original request to build the 2nd story of the barn in 1979 was to add privacy from and for a neighboring second story balcony in a multi-family development along the property line. Our design maintains this privacy.
(2). Ample Off-Street Parking
The lot has a long driveway where several cars can park (even side by side) as well as an additional covered carport. Washington Street is also unusually wide and void of many street parked cars in the case that there would ever need to be a car parked on the street. (3) Community Need for Housing
By converting this storage space into housing, the community benefits in the way of desperately needed additional housing. Given that this lot is over 1 Ok SF, which is unusually large for the neighborhood, it can absolutely support an ADU.
(4) Neighboring Multi-family housing
The neighboring property consists of multi-family housing. The addition of an accessory dwelling unit on the side of the multi-family apartments would not adversely affect the neighborhood considering the multitude of rental apartments in the neighborhood and next door. (D) That the granting of the variance is in keeping with the purpose and intent of this title:

Granting this variance does not allow the property owner to by-pass the developmental requirements for all future buildings proposed, it merely allows for the conversion of an existing 2nd story space to be more functional, assist in an extensive future historical preservation project, and provide a more affordable living space for a supportive community member.

We appreciate you taking the time to consider our project and hope that you agree that it is a good project worth supporting due to the potential better use of the existing structure, the financial and familial support it would bring to our family, the much-needed housing it would add to our community, and the assistance it provides in the historic preservation project and ongoing maintenance of the main structure.

Regards,
Shea and Julie Salinas
Homeowners

LEGAL DESCRIPTION
Order Number: 4307-6558467
Page Number: 5
Real property in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

BEGINNING AT A POINT ON THE WESTERLY LINE OF WASHINGTON STREET, DISTANT THEREON 50

FEET SOUTHERLY FROM THE POINT OF THE INTERSECTION OF THE WESTERLY LINE OF WASHINGTON STREET WITH THE SOUTHERLY LINE OF FREMONT STREET; THENCE RUNNING SOUTHERLY AND ALONG THE WESTERLY LINE OF WASHINGTON STREET, 66.20 FEET; THENCE RUNNING WESTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF FREMONT STREET, 152.50 FEET; THENCE RUNNING NORTHERLY AND PARALLEL WITH THE WESTERLY LINE OF WASHINGTON STREET, 66.20 FEET;

THENCE RUNNING EASTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF FREMONT STREET, 152.20 FEET TO THE POINT OF BEGINNING AND BEING A PORTION OF LOT 1 IN BLOCK 2 NORTH RANGE 1 WEST OF THE CITY OF SANTA CLARA, AS SHOWN UPON THE OFFICIAL MAP THEREOF OF

RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK "B" OF MAPS, PAGE 103.

APN: 269-15-043
First American Ttt/e

Page 5 of 14 ends

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1378 Agenda Date: 11/15/2022

REPORT TO COUNCIL

SUBJECT
Action authorizing the City Manager to Negotiate and Execute an Amendment to the City’s Loan Agreement with Monroe Street Housing Partners, L.P by an Increased Amount Not to Exceed $3.0 Million to Upgrade Approximately 1,860 Lineal Feet of Water Main to Support the Construction of a Residential Affordable Housing Project at 2330 Monroe Street and Related Budget Amendment (Deferred from November 1, 2022)

COUNCIL PILLAR
Promote and Enhance Economic and Housing Development

BACKGROUND
The City issued a Request for Proposals (RFP) in 2018 for the development of an affordable housing project on the City-owned property located at the southeast corner of Monroe Street and San Tomas Expressway (2330 Monroe Street). Monroe Street Housing Partners L.P (Freebird) was selected as the Developer for the site through an RFP process and the Council approved an Exclusive Negotiation Agreement (ENA) with Freebird in December 2018 to allow the project to proceed. On January 28, 2020, Council approved land use entitlements and a Disposition and Development Agreement for the project. On September 2, 2020, the City amended its Development Agreement with Freebird to increase the City loan by $1,500,000.

Under the Development Agreement, the developer will construct a 65-unit affordable housing project located at 2330 Monroe Street. The project includes 16 units at 25% Area Median Income (AMI) for Santa Clara’s growing population of adults with developmental and/or intellectual disabilities, 48 units ranging from 50-80% AMI, and 1 manager’s unit.

In February 2020, the City began using a hydraulic modeling service provided by HydroScience to evaluate the impacts of new development on the City’s water distribution system. The hydraulic modeling evaluates the system water pressures and provides a report for any needed improvements to meet the development’s water and fire demand needs while maintaining the system’s minimum operating pressures.

On March 16, 2022, during the permit review process, based on the water and fire services requested for this development, the City determined that evaluation is needed to ensure that the integrity of the system is maintained and that adequate flows of water and pressure are provided during a fire event. The City then requested a Development Impact Analysis (DIA) to be performed using the hydraulic model.

On April 12, 2022, Freebird closed their construction financing and began construction.

City of Santa Clara Printed on 11/10/2022Page 1 of 4
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22-1378 Agenda Date: 11/15/2022
On May 23, 2022, City staff returned results from the DIA on residential and development fire flow for the 2330 Monroe Street development. The model determined that the City’s existing water main would not support the fire suppression demand for the project if a fire were to occur during peak water usage times. Based on the model results, the consultant recommended that a water main upsize would be required for health and safety purposes and would need to be completed before the new housing could be occupied in Fall 2023. The water main upsize would not be needed without the development.

DISCUSSION
Staff is recommending that the City increase its contribution to this 100% affordable housing project to cover unanticipated additional infrastructure costs so that the project may proceed. Additional funding from the City’s affordable housing funds will be used to pay for the construction of necessary infrastructure upgrades as described in the following discussion.

Scope of Work:

City staff have determined that the most cost-efficient scope of work requires replacing the existing 8- inch water main with a new 12-inch water main extending approximately 1,860 linear feet on Monroe Street from San Tomas Expressway to Scott Boulevard. See Attachment 1 for a map of the proposed project.

The scope of work includes trenching, hauling of materials, traffic control, filling the abandoned water main for long term stability, connecting existing properties to the new main, grading, paving, and striping. The water main improvement project will not be required to use prevailing wage.

Freebird requested a preliminary cost estimate from CORE (general contractor) and Sanco Pipelines Inc. (subcontractor). On July 19, 2022, the developer’s contractor provided a preliminary cost estimate for $2,946,022. City staff from the Departments of Water and Sewer and Public Works reviewed the estimate and suggested several ways to lower the cost including competitive bidding after the design is completed, removing the replacement of existing water services from the scope as those will simply be reconnected, and limiting the proposed water main alignment as close to the existing main as possible.

Funding Challenges:

Since this requirement was created after Freebird received its building permit and after it closed on tax credit and bond financing, Freebird does not have a source to pay for the water main upgrade required for the project. It should be noted that Freebird proceeded with closing on the financing for the project prior to its full understanding of the water main requirements that would be necessary to serve the project. Staff has worked extensively with Freebird to explore potential funding sources and concluded that the proposed City funding is necessary in order to continue the project. In the interim, Freebird is progressing with the project at their own risk in order to maintain their current contracts and meet financing deadlines.

Timing:

The housing project is expected to complete construction by October 2023. To ensure the building can be occupied once completed, the water main project would need to begin very soon due to the size of the scope of work and supply chain limitations. The water main project needs to move forward now so that the final occupancy can be achieved in the fall of 2023.

City of Santa Clara Printed on 11/10/2022Page 2 of 4
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22-1378 Agenda Date: 11/15/2022
Term Sheet:

The City can increase its existing housing loan to fund this improvement. City staff have negotiated a term sheet with Freebird to amend the City’s loan. The City’s additional funds will not be disbursed until the borrower has utilized all other available sources of construction financing first. See Attachment 2 for the full-term sheet.

Next Steps
Freebird has signed a term sheet for the increase to the City loan for the water main upgrade.

Freebird is currently preparing engineering drawings for the water main upgrade project. If the City Council approves the staff recommendation, staff will work with Freebird to execute an amendment to the existing city loan. Once the amendment to the loan agreement is executed and encroachment permits are issued, Freebird will begin work on the water main upgrade project.

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.

On January 28, 2020, the City Council approved a Mitigated Negative Declaration (MND) and the Mitigation Monitoring and Reporting Program (MMRP) for the proposed affordable housing project.

While the upsized water main was not described in the MND, water main upsizing improvements are exempt from CEQA review pursuant to the CEQA Guidelines section 15303 (d) New Construction or Conversion of Small Structures.

FISCAL IMPACT
The City’s loan amendment would enable Freebird to construct the required water main which would allow the affordable housing development at 2330 Monroe Street to be occupied in fall 2023.

If approved, the City’s loan amendment of up to $3.0 million would be drawn from the City’s Affordable Housing Fund. The City’s Affordable Housing Fund has an unrestricted fund balance of approximately $3.3 million that can be utilized to fund this loan.

The approved loan amendment is reflected in the Budget Amendment below. It is anticipated that the loan amendment will be drawn in FY 2022/2023 and an appropriate carryover will be included in the upcoming Biennial Budget. As further defined in the attached Term Sheet, the City Loan [including unpaid accrued interest] shall be repaid by the Maturity Date, and by the payment of any project cost savings.

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22-1378 Agenda Date: 11/15/2022
Budget Amendment
FY 2022/23
Current Increase/
(Decrease)
Revised
City Affordable Housing Fund
Expenditures
Monroe Water Main Upgrade $0 $3,000,000 $3,000,000
Unrestricted Ending Fund
Balance
$3,303,060 ($3,000,000) $303,060

COORDINATION
This report was coordinated with the City Manager’s Office, City Attorney’s Office, Finance Department, and Water & Sewer Utilities Department.

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

RECOMMENDATION

1. Adopt a resolution, Attachment 3, authorizing the City Manager to negotiate and execute an amendment to the City’s loan agreement with Monroe Street Housing Partners, L.P by an increased amount not to exceed $3.0 million to support the construction of a Residential Affordable Housing Project at 2330 Monroe Street; to make modifications to the Loan Agreement and attachments consistent with the Term Sheet and as reviewed by the City Attorney for form and consistency; to execute all documents necessary to implement the Loan Agreement and close escrow; and

2. Approve the FY 2022/23 budget amendment in the City Affordable Housing Fund to appropriate $3.0 million to the Monroe Water Main Upgrade and reduce the unrestricted ending fund balance ( five affirmative Council votes required for the use of unused balances ).

Reviewed by: Reena Brilliot, Assistant Director of Community Development Reviewed by: Gary Welling, Director of Water & Sewer Utilities Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Map of Water Main Upgrade Project

2. DRAFT Term Sheet for the Amended City Loan

3. Resolution for Amendment #1 to Monroe Loan Agreement City of Santa Clara Printed on 11/10/2022Page 4 of 4
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(N) Water Main Alignment
2330 Monroe
Legend
2330 Monroe (N) Water Main
1000 ft
N➤➤N
San Tomas Expwy
Monroe Ave
Scott Blvd
Los Padres Blvd
Deborah Dr

MONROE STREET APARTMENTS

TERM SHEET FOR THE INCREASE TO THE CITY LOAN AMOUNT FOR THE WATER MAIN

UPGRADE

Date: ______________, 2022

REQUEST: The owner, Monroe Street Housing Partners, L.P., a California limited partnership, has requested that the City of Santa Clara (“City”) increase its existing loan amount by up to $3,000,000 (the “Additional Funds”), from $6,500,000 to an amount not to exceed $9,500,000 (“Transaction”) for the Monroe Street Apartments project located at 2330 Monroe Street Santa Clara identified as Assessor’s Parcel Number 224-37-068 (“Project”). The loan increase shall be used towards the cost to upgrade the water main serving the Project (“Water Main Upgrade”). Approval of the Transaction is subject to City Council approval.

PROJECT DESCRIPTION & FINANCING OVERVIEW

1. PROJECT DESCRIPTION: At completion, the Project will rent 16 units to 30% AMI households, 32 units to 50% AMI households, 8 units to 60% AMI households, 8 units to 80% AMI households and one (1) unrestricted manager’s unit. The 64 units are restricted by the City’s existing 55-year Affordable Housing Covenants and Restriction recorded against the Project.

2. BORROWER: The owner/borrower of the Project is Monroe Street Housin g Partners, L.P., a California limited partnership (“Borrower”). The managing general partner of the Borrower is AHA Norcal MGP, LLC and the administrative general partner is Freebird Monroe LLC, an affiliate of the Sponsor. The current limited partner and tax credit investor is an affiliate formed by Raymond James Financial.

3. EXISTING CITY LOAN: On April 1, 2022, the City made a $6,500,000 construction and permanent loan to the Borrower to construct and develop the Project (“City Loan”). The City Loan is evidenced by a promissory note dated April 1, 2022 secured by a leasehold deed of trust, a loan agreement, and other documents related to the City Loan (“City Loan Documents”) . The promissory note bears no interest during con struction and 3% simple interest commencing at Completion for a term of 55 years from Conversion (“Maturity Date”). The City will receive Net Cash Flow payments commencing on the Conversion Date.

4. SELLER LOAN. On April 1, 2022, the City made a $5,200,000 loan to the Borrower as evidenced by a promissory note, secured by a deed of trust and a loan agreement (“Seller Loan”), the proceeds of which were used to prepay in advance the City’s lease payments pursuant to a 65 -year ground lease between the City as the landlord and the Borrower as the lessee . The Seller Loan bears no interest during construction and 0.5% simple interest commencing at Completion for a term of 55 years from Conversion. The City will receive Net Cash Flow payments commencing on the Conversion Date.

5. SPONSOR: Freebird Development Company, LLC, a California limited liability company.

6. BOND FINANCING AND CONSTRUCTION AND PERMANENT FINANCING: The City Loan and the Seller Loan form a part of the financial structure used to acquire and develop the

Project. The construction and permanent financing for the development of the Project includes the syndication of the Property utilizing tax- exempt bond permanent financing, 4% Low Income Housing Tax Credits (“LIHTC”) tax credit equity, a loan from the County of Santa Clara and a loan from California Housing Finance Agency Mixed-Income Program (“CalHFA MIP”).

7. AMENDED AND RESTATED CITY LOAN: The revised City Loan terms are set forth in Exhibit A “Amendments to the Terms and Conditions of the Existing City Loan,” attached hereto. The City Loan Documents shall be amended and restated as set forth in Exhibit A.

8. DOCUMENTATION.
a. This Term Sheet is not intended to set all of the terms, conditions and documents required by the City for the Transaction, which shall include customary provisions and documents to be approved by City (including, but not limited to, all such documents mentioned in this Term Sheet and all City documents evidencing, securing or related to City documents related to this Project, shall in all respects be satisfactory to City.

b. Borrower shall promptly deliver to City any further documentation which may be required by City.

c. Expiration: The subject Term Sheet expires ___ days from the date written above. Please return a fully executed copy to the City by _________ 2022.

ACCEPTED BY:

Monroe Street Housing Partners, L.P., a California
limited partnership

By: AHA Norcal MGP LLC,
a California limited liability company
its managing general partner

By: Affordable Housing Access, Inc.,
a California nonprofit public benefit
corporation
its manager

By: ______________________

Name ______________________

Title: ______________________

By: Freebird Monroe LLC,
a California limited liability company
its administrative general partner

By: Freebird Development Company LLC
a California limited liability company
its sole member manager

By: ________________________

Name: ________________________

Title: ________________________

[Signatures Continue on Following Page]

ACKNOWLEDGED BY:

The City of Santa Clara, a California municipal corporation

By: ______________________________

Name: ______________________________

Title: __________

Date: ______________________________

EXHIBIT A

AMENDED TERMS AND CONDITIONS TO THE EXISTING CITY LOAN

1. LOAN AMOUNT: Up to $9,500,000 (“Amended City Loan”).

2. SOURCE: The Loan increase is funded by the City Affordable Housing Fund is not an obligation of City’s General Fund.

3. LOAN MATURITY DATE: No change.

4. INTEREST RATE: No change.

5. PROPERTY OWNERSHIP: No change.

6. ASSIGNMENTS OF CONTRACTS AND AGREEMENTS: The Borrower will also enter into an Assignment of the Plans and Specifications and Civil Engineer Agreement and Assignment of the Construction Contract. The Assignment of the Construction Contract, Assignment of the Civil Engineer Agreement and Assignment of the Plans and Specifications, once acceptable to the City, will be subordinated to the senior construction and permanent loans.

7. RESIDUAL RECEIPT SHARE: City’s proportionate share of residual receipts shall be adjusted based on the Amended City Loan amount.

8. PROJECT PRO FORMA: Prior to the close of the Transaction, Borrower shall submit to City, and City will approve, an updated pro forma budget reflecting Borrower's projections of the construction/permanent budget, sources and uses of funds and income and operating expense cash flow for the Project.

9. ORGANIZATIONAL AGREEMENTS: Borrower shall submit to City borrowing resolutions and such related documentation as City may request.

10. CONSTRUCTION COMPLETION: No change.

11. PLANS AND SPECIFICATIONS: Final plans and specifications for the Water Main Upgrade shall be subject to City's approval prior to close of the Transaction. Any changes to the plans and specifications that are approved shall be governed by the City Loan Documents.

12. CIVIL ENGINEER’S AGREEMENT: The civil engineer’s agreement for the preparation of the plans and specifications and other services shall be subject to City's approval. There shall be no material changes in the plans and specifications, nor any material deviation in construction of the Water Main Upgrade without City’s prior writt en consent. City may require an assignment of Borrower's interest in and to the agreement as security for the Loan.

13. PREVAILING WAGE REQUIREMENTS. No change.

14. CONSTRUCTION CONTINGENCY: Borrower’s hard cost construction contingency related to the Water Main Upgrade shall not be less than 7%, excluding the contractor’s overhead, profit and general conditions and including insurance. The construction contingency related to the Water

Main Upgrade shall only be used for the Water Main Upgrade and shall accounted for separate from any other contingency with respect to the Project.

15. CONSTRUCTION CONSULTANT: The City will engage a construction inspector (“Construction Inspector”) for the purposes of reviewing construction documents, monitoring construction draws, reporting on construction progress and inspecting Water Main Upgrade . Prior to closing on the Transaction, City will provide Borrower with the Construction Inspector budget . The cost of the Construction Inspector shall be invoiced to and paid by the Project. The City shall approve all construction draws.

16. CONSTRUCTION CONTRACT : The construction contract ("Contract") and the general contractor ("Contractor"), to be retained by Borrower to construct the Water Main Upgrade, shall all be subject to City's approval. City shall require an assignment of Borrower's interest in and to the Contract as security for the City Loan subject to any subordinations of that assignment approved by City. Change Orders will require City approval as provided for in the City Loan Documents .

Borrower shall obtain at least 3 bids for the Contract and provide copies thereof to the City.

17. FORM OF CONSTRUCTION CONTRACT: The contract type used should be Cost Plus a Fee with a Guaranteed Maximum Price. Contract must be in the most recent form provided by the American Institute of Architects (“AIA”), as may be modified by the Borrower but subject to approval by the City. The savings clause in the contract must indicate that 100% of the construction cost savings associated with the Water Main Upgrade will be returned to the Borrower.

Construction cost savings calculation shall be received and reviewed by the City prior to the permanent loan closing. If the contractor for the Water Main Upgrade is the same contractor for the Project, then the Contract may be in the form of a change order to the existing contract for the Project, subject to the same conditions and approvals herein and the City Loan Documents.

18. CONSTRUCTION COMPLETION BOND: Performance and payment bonds for the construction contract naming the City as co-obligee shall be required for the contractor, acceptable to the City.

Any surety for purposes of bonding, including, but not limited to, performance or completion bonds, must be a corporation duly authorized and admitted to transact business and issue surety bonds in the State of California. If the contractor for the Water Main Upgrade is the same contractor for the Project, and if the Contract is in the form of a change order to the existing contract for the Project, then City acknowledges that the form of the existing payment and performance bond that was already approved for the Project satisfies this condition, provided that the amount thereof shall be adjusted to reflect the Contract.

19. PROJECT COST SAVINGS: 100% of the cost savings attributable to the Water Main Upgrade, if any, shall be paid to the City on the same schedule as the Project Cost Savings under the City Loan Documents.

20. DISBURSEMENT: The Additional Funds shall be disbursed after Borrower has utilized all other sources of c onstruction financing shown in the updated project pro forma (including, without limitation, any equity and funds from Senior Loans), and shall be available on a monthly draw down basis pursuant to commercially standard construction loan terms. City’s written approval is required for all existing construction disbursements including disbursements incurred towards the Water Main Upgrade. City shall require Borrower to provide documentation supporting the request for each disbursement. City reserves the right to conduct inspections of the Water Main Upgrade prior to approving disbursements. The Additional Funds shall be used only for the Water Main Upgrade, and shall not be used to otherwise finance the Project.

21. TITLE INSURANCE: Borrower shall procure and deliver to the City an endorsement to its ALTA Extended Policy of Title Insurance (or reissuance thereof if such endorsement is not available), together with such other endorsements as City may require, in an amount equal to the amended principal amount of the City Loan, insuring that City Loan’s Deed of Trust constitutes a junior lien or charge upon the Project subject only to such items as shall have been approved by City. There shall be no exceptions permitted for mechanics’ liens. Such policy shall be issued by Old Republic Title Company, or another title insurer approved by the City.

22. CITY EXPENSES: Borrower shall make prompt payment of all expenses of City and other parties’ incidentals to the Transaction including, without limitation, expenses incurred for third- party expenses, architectural and engineering review, appraisal or appraisal review, t oxic review, inspections, and legal services. Borrower shall also pay closing expenses including, without limitation, escrow fees, title insurance, liability and other insurance and architect's and engineer's fees, as well as charges for such items as surv eys, recordation, filing and documentary or stamp taxes. If this Transaction does not close, Borrower shall pay City's reasonable expenses incurred .

The City shall provide a summary of such costs and expenses prior to closing on the Transaction.

23. INDEMNIFICATION: The Borrower shall indemnify, hold harmless the City from and against any and all loss, costs, damage, actions and liabilities directly or indirectly resulting from this Transaction, including negative impacts that may arise from prevailing wage, tax credits and bond financing.

24. COMPLIANCE/NO DEFAULT: Prior to closing, the Borrower must be in compliance with the ongoing construction of the Project with the City, the senior lender, the County, CalHFA and the tax investor (collectively, “Stakeholders”) and that the Borrower is not in default under any of the Stakeholders’ documents.

25. OTHER REQUIREMENTS: Borrower shall procure and deliver to City evidence satisfactory to City that Borrower has obtained all the necessary consents and approvals from the Stakeholders.

City shall have the right to impose any additional requirements that are commercially re asonable or required by applicable law of City policy.

26. All other terms and conditions under the existing City Loan Documents shall remain unchanged.

Resolution/Monroe L.C. Amendment #1 to Loan Agreement Page 1 of 3 Rev: 10/24/22
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

APPROVING AN AMENDMENT TO THE LOAN AGREEMENT

BETWEEN THE CITY OF SANTA CLARA AND MONROE STREET
HOUSING PARTNERS, L.P. FOR THE MONROE APARTMENTS
PROJECT LOCATED AT 2330 MONROE STREET , SANTA
CLARA

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

WHEREAS, the Applicant applied for Architectural Review of a 65-unit affordable residential project for low or very-low income residences (“Project”); WHEREAS, on January 28, 2020, the City Council approved a General Plan Amendment, Rezoning, and Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the proposed project at 2330 Monroe Street (“Project Site”); WHEREAS, on February 5, 2020, the Architectural Committee approved the project’s application;
WHEREAS, on April 1, 2022, the parties entered into a Loan Agreement in the amount of $6.5 million to provide financial assistance for the development of the project; WHEREAS, the Loan Agreement contemplates that implementation of the Project will require a myriad of permits, approvals, entitlements, agreements, permits to enter, utility services, subdivision maps, building permits, and other authorizations in order to implement the Project, including but not limited to an amendment to the Loan Agreement, Deed of Trust, Promissory Note, Affordable Housing Agreement and Regulatory Agreement (together, the “Project Documents”);
WHEREAS, City staff have determined that the City’s existing infrastructure would not support the fire suppression demand if a fire were to occur during peak water usage times once the affordable housing development is placed in service, and that a water main upsize for health and safety purposes is required;
WHEREAS, the parties desire to amend the original loan agreement to increase the loan Resolution/Monroe L.C. Amendment #1 to Loan Agreement Page 2 of 3 Rev: 10/24/22
amount by up to $3.0 million to support funding the upgrade of approximately 1,860 lineal feet of water main to support the construction of a residential affordable housing project at 2330 Monroe Street;
WHEREAS, the Project Documents, including the amendment to the Loan Agreement, will help address the City’s housing needs at a broad range of income levels by providing the City with 65 housing units, of which 100% will be affordable to household s with Area Median Income (AMI) levels ranging from 25% to 80% AMI; and,
WHEREAS, on November 1, 2022, the City Council conducted a duly noticed public hearing, at which time all interested persons were invited to provide testimony and evidence, both in support of and in opposition to the proposed amendment to the Loan Agreement.

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

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

2. That the City Council hereby approves and authorizes the City Manager to execute the amendment to the Loan Agreement, substantially in the form attached hereto as Exhibit “ Term Sheet for Amendment #1 to Loan Agreement,” subject to such minor and clarifying changes consistent with the terms thereof as may be approved by the City Attorney prior to execution thereof.

3. That this Resolution, including Amendment #1 to the Loan Agreement approval described in Section 2 above, is based on the findings set forth above.

4. That the City Manager and/or designee is hereby authorized and directed to perform all acts to be performed by the City in the administration of Amendment #1 to the Loan Agreement pursuant to the terms of the negotiated Term-sheet. The City Manager is further authorized and directed to perform all other acts, negotiate and execute all documents (including deeds of trust, promissory notes, and affordable housing agreement) necessary or convenient to close escrow Resolution/Monroe L.C. Amendment #1 to Loan Agreement Page 3 of 3 Rev: 10/24/22
and carry out the purposes of this Resolution and the Amendment to the Loan Agreement.

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Term Sheet for Amendment #1 to Loan Agreement

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-167 Agenda Date: 11/15/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Charter Section 1310 titled Contracts on Public Works states, in part, “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.”

DISCUSSION
Staff believes that the work described below is best and most efficiently performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining the electric system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council make a finding that City forces can better perform the installation of the following electric facilities and approve the use of City forces.

Estimate Number: 38259
Location: 902 Lexington Street
Type of Service: Load Increase
Description of Work: Remove existing overhead and underground service cables, install overhead transformers, and upgrade new service cables.

Estimated Cost: $12,743
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 38305
Location: 3131 Homestead Road
Type of Service: New Business
City of Santa Clara Printed on 11/10/2022Page 1 of 2
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22-167 Agenda Date: 11/15/2022
Description of Work: Install (1) 750 kva padmount transformer, +-50' high voltage underground wire, (6) underground splices, (6) termination elbows, (1) 1600A service meter.

Estimated Cost: $36,272
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections (1) 15302 (c) (Class 2 - Replacement or Reconstruction) as the proposed work involves the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity, and (2) 15303(Class 3 - New Construction or Conversion of Small Structures) as the proposed work involves the construction of a limited number of small electric utility facilities.

FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $49,015 are included in the Fiscal Year 2022/23 Capital Budget, New Business Estimate Work project in the Electric Utility Capital Fund. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.

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

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

RECOMMENDATION
Determine the proposed actions are exempt from CEQA and adopt a Resolution authorizing the use of City Electric Forces for work detailed in this report located at 902 Lexington Street and 3131 Homestead Road.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution - Use of City Electric Forces
City of Santa Clara Printed on 11/10/2022Page 2 of 2
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Resolution/Use of City Electric Forces Page 1 of 2
Rev: 03-09-18
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AUTHORIZING THE USE OF CITY ELECTRIC FORCES
PURSUANT TO CHARTER SECTION 1310

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

WHEREAS, the City of Santa Clara’s Charter section 1310 requires all contracts involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of a public works project to be let to the lowest responsible bidder; WHEREAS, Charter section 1310 permits the City to use its own employees if the City Council, by motion passed by at least four affirmative votes, determines that the public works may be done better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310; and,
WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council, dated November 15, 2022, by its own employees; and, WHEREAS, the City’s Electric Department has presented facts supporting that the work in question may be performed better or more economically by the City with its own employees.

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

1. The City Council of the City of Santa Clara does hereby declare and determine that the public works set forth in the 22-167 Report to Council, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees. ///

///

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Resolution/Use of City Electric Forces Page 2 of 2
Rev: 03-09-18

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: November 15, 2022, Report to Council #22-167.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-169 Agenda Date: 11/15/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Authorizing the Use of City Electric Forces for New Dark Fiber Installations at Various Locations

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Charter Section 1310 titled Contracts on Public Works states, in part, “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.” In 2014, the Electric Department developed a position called Fiber Splicing Technician as an in- house position to primarily perform maintenance and repairs to meet the fiber performance standards of then existing fiber customers that includes both City departments as well as commercial lease customers. Fiber Splicing Technician activities include basic splicing and distribution changes to fiber optic cables. The technician can also perform duties such as pulling, laying, aligning and positioning fiber optic equipment to prepare for a new connection to the fiber network. Fiber Splicing Technicians perform fusion splicing at building entrances and in maintenance space. At this time, SVP employs two Fiber Splicing Technicians.

DISCUSSION
Currently, the SVP Fiber Enterprise serves SVP, other City department functions, and various commercial lease customers. As the work is specialized, the position of Fiber Splicer Technician performs a variety of activities from maintenance and repair to new or re-spliced interconnections to the SVP Fiber Enterprise. Each interconnection can be unique involving different hours of labor depending on the number of fibers required to be spliced and the particular location within the network. Technician time is tracked hourly and not on a per fiber basis.

Large or extensive projects involving extending fiber cable being laid along new paths or great distances or adding conduit or related infrastructure are done using a previously bid unit price Public Works contract with a private construction contractor. SVP spends up to $1 million per year on this public works contract for new Fiber network construction and certain maintenance and repair activities.

City of Santa Clara Printed on 11/10/2022Page 1 of 4
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22-169 Agenda Date: 11/15/2022
Staff believes that the Fiber Splicer Technician work that may be required in new construction projects is best and most efficiently performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining and repairing the fiber optic system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council make a finding that City forces can better perform the Fiber Splicing and related equipment installation, splicing and connections to the existing SVP Fiber infrastructure and approve the use of City forces.

Estimate Number: FWM#1519
Location: City Hall to SCPD Dispatch Datacenter
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate, and test fibers from City Hall to SCPD Dispatch Center.

Estimated Cost: $4,573
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1510
Location: Primavera Sewer Lift Station (W&S SCADA)
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate, and test fibers at Primavera Sewer Lift Station.

Estimated Cost: $5,082
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#0290
Location: Lafayette Subway - 1890 Lafayette Street
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate, and test fibers at Lafayette Subway.

Estimated Cost: $5,082
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1057
Location: Well 17-02 - 3460 Brookdale Dr (W&S SCADA)
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate, and test fibers at Well 17-02.

Estimated Cost: $5,082
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
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22-169 Agenda Date: 11/15/2022
Estimate Number: FWM#1063
Location: Well 25 - 2600 Benton St (W&S SCADA)
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate, and test fibers at Well 25.

Estimated Cost: $3,557
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#0200
Location: Serra Tanks & SCVWD Import (W&S SCADA)
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate, and test fibers at Serra Tank & Santa Clara Valley Water District Import.

Estimated Cost: $5,082
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#0286
Location: 2800 Mead (Storm SCADA)
Type of Service: Electric Utility Infrastracture
Description of Work: Splice, terminate, and test fibers at 2800 Mead Avenue.

Estimated Cost: $7,114
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#01516
Location: 3080 Raymond Street, 1700 Richard Avenue, 1525 Comstock Street, 2151 Mission College Blvd
Type of Service: New Business
Description of Work: Splice, terminate, and test fibers for new ring.

Estimated Cost: $15,957
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Developer Contribution

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections (1) 15302 (c) (Class 2 - Replacement or Reconstruction) as the proposed work involves the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity, and (2) 15303 (Class 3 - New Construction or Conversion of Small Structures) as the proposed work involves the construction of a limited number of small utility facilities.

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22-169 Agenda Date: 11/15/2022

FISCAL IMPACT
The estimated costs of staff time for work performed by SVP and related construction materials for the work detailed in this report total $51,529. There is sufficient funding included in the FY 2022/23 Fiber Development, Design, and Expansion project budget to cover these costs. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.

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

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

RECOMMENDATION
Determine the proposed actions are exempt from CEQA and adopt a Resolution authorizing the use of City Electric Forces for work detailed in this report at Santa Clara City Hall to Santa Clara Police Department Dispatch Datacenter, Primavera Sewer Lift Station, 1890 Lafayette Street, 3460 Brookdale Drive (Well 17-02), 2600 Benton Street (Well 25), Serra Tanks & Santa Clara Valley Water District Import, 2800 Mead Avenue, 3080 Raymond Street, 1700 Richard Avenue, 1525 Comstock Street, and 2151 Mission College Boulevard.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution - Use of City Electric Forces
City of Santa Clara Printed on 11/10/2022Page 4 of 4
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Resolution/Use of City Electric Forces Page 1 of 2
Rev: 03-09-18
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AUTHORIZING THE USE OF CITY ELECTRIC FORCES
PURSUANT TO CHARTER SECTION 1310

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

WHEREAS, the City of Santa Clara’s Charter section 1310 requires all contracts involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of a public works project to be let to the lowest responsible bidder; WHEREAS, Charter section 1310 permits the City to use its own employees if the City Council, by motion passed by at least four affirmative votes, determines that the public works may be done better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310;
WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council, dated November 15, 2022, by its own employees.

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

1. The City Council of the City of Santa Clara does hereby declare and determine that the public works set forth in the 22-169 Report to Council, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees. ///

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///

///

Resolution/Use of City Electric Forces Page 2 of 2
Rev: 03-09-18

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: November 15, 2022, Report to Council #22-169.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1172 Agenda Date: 11/15/2022

REPORT TO COUNCIL

SUBJECT
Action on Silicon Valley Power System Expansion Plan for California Independent System Operators Transmission Planning Process FY2023/024 Agreement with Power System Professionals, Inc.

Doing Business as Power Pros (Power Pros), Related Budget Amendments (Five Affirmative Votes Required), and Addition of New Positions

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services

BACKGROUND
The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), has provided dependable electric service for over 125 years. SVP’s 2021 actual recorded peak load was 598 MW and energy delivery nearly 4,110 Gigawatt-hours (GWh) a year to SVP’s customers. Thus far for calendar year 2022, SVP has experienced significant load growth and recorded a system peak of 702 MW during the September 2022 heat wave. SVP is projecting that energy delivery in 2022 will reach 4,550 GWh a 10.5% increase from calendar year 2021. Based on SVP’s experience with how new load develops SVP is preparing for its system peak load to double over the next 10 years and an increase the number of substations from twenty-three (23) to up-to thirty-one (31) by 2032.

At the September 28, 2021, City Council meeting, Council accepted SVP’s Three-Year System Growth Strategy Plan, prepared by Electrical Consultants Inc. (ECI). The Three-Year System Growth Strategy Plan presents an analysis of SVP’s transmission system. The Three-Year System Growth Strategy Plan identified $300 million in proposed projects to install new facilities and to replace aged infrastructure with higher capacity infrastructure when needed. An amendment to the agreement with AECOM Technical Services, Inc. (AECOM) was authorized and executed, and AECOM has been onboarded to provide program management and project management support to assist with this effort. Staff recently provided an update to Council on the key projects on November 1, 2022, as part of the SVP quarterly report.

DISCUSSION
Pursuant to the California Independent System Operators (CAISO) Transmission Planning Process (TPP), and the California Energy Commission’s (CEC’s) Integrated Energy Policy Report (IEPR) processes; Load Forecasting is an annual process coordinated internally by SVP’s Transmission & Distribution Planning and Resource Divisions. The purpose of this process is to project SVP’s load growth over the next ten years and apply it to an electric system model to simulate load growth impacts on SVP’s electric system. SVP submits calendar year 2021 existing peak load and projections in its 2022 IEPR forecast to the CEC for inclusion in the California Independent System Operators (CAISO) TPP for FY2023/24 where the load growth is included in CAISO’s electric system City of Santa Clara Printed on 11/10/2022Page 1 of 6
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22-1172 Agenda Date: 11/15/2022
model to evaluate the impact of SVP’s load growth on Pacific Gas & Electric’s (PG&E) System Grid.

Based on these projections, SVP anticipates a peak system load of 819 MW in 2025 and a peak system load of 1,306 MW in 2032.

The attached SVP System Expansion Plan TPP FY2023/24, prepared by Electrical Consultants Inc. (ECI), presents an analysis of SVP’s transmission system. The purpose of the study is to identify Near-Term and Long-Term system improvements for SVP to consider to maintain electric service reliability with consideration of the load growth. This report provides additional information, details and technical basis for the analysis that was completed, including proposed infrastructure projects in addition to those previously presented to Council. The Summary of Proposed Projects for SVP System Growth Strategy (Proposed Projects) attached includes the comprehensive project list from this study with conceptual cost estimates for the projects. These estimates will change in the future as designs are developed. As described in the attached Proposed Projects, there are over $200 million of proposed projects for this study period.

In summary, the identified work includes replacement of aged infrastructure and installation of new facilities which will allow higher internal SVP system capacity. These projects would add two additional internal 60kV loops totaling 13 miles of new transmission loops along with a number of reliability upgrades including 6.5 miles of reconductored transmission lines required to serve the additional projected internal load (1,306 MW by 2032). It is important to note that the first step in the process for the new internal 60Kv loops is to determine feasibility (design). Additional CAISO transmission capacity would also be required to fully take advantage of the internal capacity.

If both loops are constructed, the internal 60kV loop capacity will be increased from 1,270 MW’s by approximately an additional 50%. Funding for the design to reconductor existing transmission lines and New Transmission Loop 1 are available in the FY2022/23 Capital Budget. Additional appropriations will be required for the New Transmission Loop 2 Project which will serve customer load growth and is expected to be recovered through developer contributions. The costs and timelines will be updated as the overall program and projects are developed.

The SVP Multi-Year System Expansion Plan is intended to be a living document which will be updated for the TPP process and will be reviewed and changed annually in the future to adapt for several factors including load ramp, project feasibility, delivery capacity, shifting needs, priorities, and finances. Through the TPP and IEPR process, the CAISO will determine what, if any, projects are required outside of SVP’s electric grid to support the load growth.

Agreement with Power System Professionals, Inc. Doing Business As Power Pros As a part of this analysis, staff and ECI evaluated the costs of testing and commissioning services associated with new and rebuilt substations, and transformer and breaker upgrade projects associated with SVP’s System Expansion Plan.

In May 2021, the City issued an SOQ for as-needed electric equipment repair, maintenance, and testing services, using the City’s e-procurement system. An agreement with Power Pros resulting from this SOQ was authorized by City Council in September 2021 for maintenance and repair services. The approved agreement included only ongoing maintenance and repair services at existing substations and did not include costs for commissioning of new substations. Now that this analysis is complete, significant additional work will be required. Staff recommends that the City City of Santa Clara Printed on 11/10/2022Page 2 of 6
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22-1172 Agenda Date: 11/15/2022
Council authorize the City Manager to negotiate and execute a separate agreement with Power Pros associated with commissioning the following:
· 10 new or upgraded substations
· Three receiving stations
· 60kV breaker upgrades
· Other activities associated with SVP’s System Expansion Plan.

As defined in the agreement, all services are provided at time and materials rates with each project authorized in advance using a Purchase Order. The maximum compensation under this separate agreement is anticipated not to exceed $17.5 million and the work would occur over a 5+ year period.

Staff recommends a separate agreement to best separate costs associated with maintenance and repair from costs associated with the System Expansion Plan.

New Positions
Staff also recommends adding new positions to account for the additional workload to support management, design, and implementation of the new projects with SVP’s System Expansion Plan including the additional $200 million in proposed projects.

In order to support the increase of Capital Project Engineering and Management of CIP activities, staff recommends the addition of the following staff (all funded by Electric Utility Funds): one (1) Electric Program Manager, one (1) Senior Electric Utility Engineer, one (1) Senior Electric Water System Operator, one (1) Electric Utility Network Administrator, and one (1) Service Coordinator. The Electric Program Manager and Senior Electric Utility Engineer positions will lead the design development and oversight for over $150 million overhead 60kV transmission loops and reconductoring of existing 60k transmission loops to serve increased loads. They will also be embedded on the System Expansion Program Management team overseeing the consultant design engineer and supporting the completion of developer funded projects. Staff believes this combination of new staff with the AECOM consultant team providing program and project management support provides the best approach for successfully completing the significant capital program associated with SVP’s System Expansion Plan.

The Senior Electric and Water System Operator and Service Coordinator positions will focus on Operations Coordination and Inspection of existing infrastructure slated to be upgraded along with coordination of construction activities on an energized electrical System. The Electric Network Administrator will focus on network and communication requirements for the new customer junction substations and operational technology needs associated with the System Expansion Plan.

ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to the following sections of Title 14 of the California Code of Regulations: (1) Section 15060(c)(2) in that the proposed actions are planning activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment; and (2) section 15378(b)(5) in that the proposed actions are administrative fiscal activities that will not result in direct or indirect physical changes in the environment. The three-year system growth strategy is an informational document that address system growth resulting from private development that has completed CEQA and has already received City approvals. When and if the capital projects included in the growth strategy move forward appropriate CEQA will be completed as required prior City of Santa Clara Printed on 11/10/2022Page 3 of 6
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22-1172 Agenda Date: 11/15/2022
to construction.

FISCAL IMPACT
The costs of these services provided by Power Pros, additional staff, and the additional projects will be funded by the Electric Utility Capital and Operating Funds with developer contributions supporting new Capital Improvement Projects (CIPs) and customer service revenue supporting ongoing operations and maintenance. There will be no impact to the City General Fund.

Projects associated with the SVP System Expansion Plan for TPP for FY 2023/24 are anticipated to be
funded primarily through the Load Development Fees with a smaller percentage from Customer Service Fees when projects are associated with maintenance or upgrade of the existing system. The Load Development Fee recovers the portion of the bulk electric system reinforcement work that SVP will need to do as a result of the additional load required by that customer. Staff will recommend adjustments to those fees, as needed, through subsequent action.

In FY2022/23, staff recommends adding funding of $2.0 million in the Electric Utility Capital Fund for the New Transmission Loop 2 Project to fund the design, supported by Developer Contributions as shown below. Budget adjustments are not required for the existing CIP 2459 Reconfigure Northwest and Center Loops, and the project description will be adjusted to describe the new Transmission Loop 1 Project.

Staffing
The annual cost to add one (1) Electric Program Manager, one (1) Senior Electric Utility Engineer, one (1) Senior Electric and Water System Operator, one (1) Electric Utility Network Administrator, and one (1) Service Coordinator totals $1,381,000. The recommended action for FY2022/23 funds half of the annual cost to account for the remainder of the year in the amount of $690,500.

The following FY2022/23 budget adjustments are required to appropriate funds for new positions from the Electric Utility Operating Fund and to establish the New Transmission Loop 2 project in the Electric Utility Capital Fund:

Budget Amendment
FY2022/2023
Current Increase/
(Decrease)
Revised
Electric Utility Operating
Fund (091)
Expenditures
Electric Department (for
Salaries and Benefits)
$565,663,949 $690,500 $566,354,449
Unrestricted Ending Fund
Balance
$30,638,804 $(690,500) $29,948,304
Electric Utility Capital Fund
(591)
Revenues
Developer Contributions (New
Transmission Loop 2 Project)
$0 $2,000,000 $2,000,000
Expenditures
New Transmission Loop 2
Project
$0 $2,000,000 $2,000,000
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22-1172 Agenda Date: 11/15/2022
Current Increase/
(Decrease)
Revised
Electric Utility Operating
Fund (091)
Expenditures
Electric Department (for
Salaries and Benefits)
$565,663,949 $690,500 $566,354,449
Unrestricted Ending Fund
Balance
$30,638,804 $(690,500) $29,948,304
Electric Utility Capital Fund
(591)
Revenues
Developer Contributions (New
Transmission Loop 2 Project)
$0 $2,000,000 $2,000,000
Expenditures
New Transmission Loop 2
Project
$0 $2,000,000 $2,000,000
Expenses associated with the Agreement with Power Pros are included in the budget for each capital project. Appropriations needed in future years will be requested as part of the regular biannual budget process.

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

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

RECOMMENDATION

1. Accept a report on the SVP System Expansion Plan for California Independent System Operators Transmission Planning Process FY2023/24;

2. Authorize the City Manager to negotiate and execute an Agreement for Services Between the City of Santa Clara, California and Power System Professionals, Inc. doing business as Power Pros for a maximum compensation not to exceed $17,500,000, subject to appropriation of funds;

3. Authorize the City Manager to execute amendments to increase maximum compensation in the event that additional services are required, subject to the appropriation of funds and take such additional actions as needed or required in furtherance of the agreement;

4. Approve the addition of one Electric Program Manager, one Senior Electric Utility Engineer, one Senior Electric and Water System Operator, one Electric Utility Network Administrator, and one Service Coordinator positions in the Electric Utility Department; and

5. Approve the following FY2022/23 budget amendments:
a. In the Electric Utility Fund, increase the Electric Department appropriation by $690,500 and reduce the unrestricted ending fund balance by $690,500 (five affirmative Council votes required for the use of unused balances);
b. In the Electric Utility Capital Fund, increase the revenue estimate for developer contributions in the amount of $2,000,000, and establish the New Transmission Loop 2 project appropriation in the amount of $2,000,000 (five affirmative Council votes required to appropriate additional revenue).

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager
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22-1172 Agenda Date: 11/15/2022

ATTACHMENT

1. Silicon Valley Power - System Expansion Plan for TPP 2023/2024

2. Summary of Proposed Projects for SVP System Growth Strategy City of Santa Clara Printed on 11/10/2022Page 6 of 6
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Silicon Valley Power

COST SUMMARY BREAKDOWN
Item #1, Re-conductor 0.2 Miles of 60 kV from Duane Substation to SRS Oct. 2022

DESCRIPTION ITEM COST SUBTOTAL
1 MATERIALS
Materials procured by SVP - poles, conductor, and minor materials $104,558 $104,558
2 CONSTRUCTION COSTS
T-Line Contractor (Total Value of Public Works Bid) $539,124 $539,124
3 ENGINEERING AND CONSTRUCTION MANAGEMENT
Engineering, LIDAR Survey, Geotech, Potholing, Permitting, R.O.W $337,500 $337,500
4 COST OF EASEMENTS $0
New easements should not be needed for existing Lines $0 GRAND TOTAL $1,619,909
1 of 1
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Silicon Valley Power

COST SUMMARY BREAKDOWN
Item #5, Re-conductor 3.54 miles of 60 kV from Homestead Sub to SRS Oct. 2022

DESCRIPTION ITEM COST SUBTOTAL
1 MATERIALS
Materials procured by SVP - poles, conductor, and minor materials $1,764,438 $1,764,438
2 CONSTRUCTION COSTS
T-Line Contractor (Total Value of Public Works Bid) $8,782,478 $8,782,478
3 ENGINEERING AND CONSTRUCTION MANAGEMENT
Engineering, LIDAR Survey, Geotech, Potholing, Permitting, R.O.W $784,375 $784,375
4 COST OF EASEMENTS $0
New easements should not be needed for existing Lines $0 GRAND TOTAL $11,970,019
1 of 1
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Summary of Proposed Projects for SVP System Growth Strategy

Description Indicative Cost
($M)
Estimated Duration
(Design &
Construction)
1 Re-conductor 0.2 miles, 115 kV transmission line
connecting Duane and Scott Receiving Station (SRS)
substations.
$0.940-$1.62 30 months
2 Install two additional 115/60 kV 300 MVA auto
transformers at NRS (TA, TD). Upgrade NRS 115 kV and
60 kV bus to mitigate various P2 contingencies identified du to main/transfer bus design. Options include Double- Bus-Double-Breaker (DBDB), Breaker-and-A-Half
(BAAH), or Ring Bus (RB) configurations. Budget to be
added to existing CIP 2454.
$39.28 36 monhts
3 Addition of third NRS 230/115 kV 500 MVA
autotransformer and balance of plant for interconnection of new CAISO 500 MVA 230kV AC line interconnection at
NRS. Budget to be added to CIP 2430.
$7.27 -
4 Approved CIP 2431 “Homestead Substation Rebuild” will upgrade breakers and disconnects to 3000 amp rating in Q4, 2027
- 36 months
5 Re-conductor 3.54 miles of 60 kV transmission line
connecting the Homestead Substation and Scott Receiving Station (SRS).
$8.05-$11.97 22 months
6 Re-conductor 0.62 miles of 60 kV transmission line
connecting the Laurelwood Substation and Kifer Receiving Station (KRS) Substations
$1.4-$3.05 22 months
7 Build 5.89 miles of 60 kV transmission line to build New Loop 1 (overhead). $56.4-$76.271 48 months
8 Build 6.98 miles of 60 kV transmission line to build New Loop 2 (overhead). $66.8-$97.07 48 months
9 Study Var and Voltage mitigation technologies and develop implementation plan. $1.5 10 months
10 Study PST overloading mitigations identified in Table 5-37 Contingency Analysis Thermal Violation; PG&E for short
term Operation Procedures and long term mitigation solution that can include but not limited to installing a 2 PST at SSS, in addition to Transmission Access Charge (TAC) impacts. $0.250 10 months
Total (Range) $152,140,000 - $238,280,000

1Approved budget for project CIP -2459 will be absorbed into newly -proposed project (Items 7)

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1300 Agenda Date: 11/15/2022

REPORT TO COUNCIL

SUBJECT
Adopt the Side Letter Agreement that Updates the Procedures for Intermittent Bonding Leave Between the City of Santa Clara and Santa Clara Firefighters, International Association of Firefighters, Local 1171 (Unit 1)

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The City of Santa Clara and the Santa Clara Firefighters, International Association of Firefighters, Local 1171 (Unit 1) reached a side letter agreement that updates the procedures for requesting intermittent bonding leave beginning in September 2022 for employees represented by Unit 1. The side letter does not impact consecutive leave requests or other types of intermittent protected leave, and is not meant to impinge upon employees’ rights under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA).

DISCUSSION
The recommended action authorizes the Side Letter Agreement to take effect.

The Side Letter Agreement is intended to provide consistency and clarity for employees and the City.

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

FISCAL IMPACT
There is no fiscal impact to implement this side letter agreement.

COORDINATION
This report has been coordinated with the Fire Department.

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 City of Santa Clara Printed on 11/10/2022Page 1 of 2
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22-1300 Agenda Date: 11/15/2022
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
Adopt the Side Letter Agreement that updates the procedures for intermittent bonding leave between the City of Santa Clara and Santa Clara Firefighters, International Association of Firefighters, Local 1171 (Unit 1).

Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Side Letter Agreement Between City and Unit 1
City of Santa Clara Printed on 11/10/2022Page 2 of 2
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SIDE LETTER AGREEMENT

BETWEEN

THE CITY OF SANTA CLARA
AND
IAFF LOCAL 1171 SANTA CLARA
(UNIT 1)

REGARDING

INTERMITTENT BONDING LEAVE
The City and IAFF LOCAL 1171 (Unit 1) agree to establish the following procedure for Unit 1 employees in the Santa Clara Fire Department who request intermittent bonding leave pursuant to the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

For employees who request intermittent bonding leave as defined by the FMLA and CFRA on or after the effective date of this Side Letter Agreement:

1. Advance Notice - Employees who opt to take protected intermittent bonding leave shall make the written request for such leave to the Fire Department with as much notice as possible, with a minimum of (1) week in advance of the start of the leave.

Any requests for intermittent leave with less than one (1) week notice will be reviewed on a case-by-case basis and may not be approved.

2. Minimum Intermittent Leave - Intermittent leave must be requested and taken in increments of a minimum of 48-hours for 24-hour shift employees. In practice, this would be two (2) consecutive, back-to-back shifts as the 24-hour shift employees currently work a 48-96 schedule. Employees on an 8-hour, 40-hour work week schedule, must request and take intermittent leave in full day (8 hour) increments.

3. These terms do not apply to requests for consecutive leave which shall remain status quo.

The above terms are not meant to impinge upon employees' rights under the Family and Medical Leave Act (FMLA)or the California Family Rights Act (CFRA).

The parties agree that this Side Letter Agreement shall not serve as precedent for future agreements regarding FMLA and/or CFRA leaves nor shall it be construed or implied to obligate the parties to enter into any similar agreements in the future.

Unit 1 Side Letter Agreement - Intermittent Bonding Leave August 24, 2022

Page 2 of 2 ends

This Side Letter Agreement that establishes intermittent bonding leave procedures shall become effective after it is adopted by the City Council and signed by all parties below.

FOR THE CITY:
0¢1,~ ~"' · 1"1- 22-
RajeevBatra Date
City Manager
FOR UNIT 1:

Anthony~ scoal
President, IAFF Local 1171
9/13/2022
Date
~~ 1;'l~/2PZZS= ~~ 9/13/2022
AracelyAev ~ Date Stehenleonisio Date
Director of Human Resources Lead Negotiator, IAFF Local 1171 ~~
Lrviarco f\tercado
9/14/2022
Date
Assistant Director of Human Resources
9/14/2022
Grant Sakakihara Date
Human Resources Division Manager
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1302 Agenda Date: 11/15/2022

REPORT TO COUNCIL

SUBJECT
Action to Adopt Resolutions to Set the Regular Meeting Schedules and Dates for the Cultural Commission, Youth Commission, Parks & Recreation Commission, and Senior Advisory Commission for Calendar Year 2023

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The City Code states that each board or commission shall hold regular meetings at the times and on the days indicated by resolution of the City Council and are subject to amendment from time to time by Council resolution. Resolution No. 5195 adopted by the City Council in 1987 provided the original schedule for meeting dates and times for the Cultural Commission, Parks and the Recreation Commission, and Senior Advisory Commission. Resolution No. 6047 established the Youth Commission regular meeting day, month, and time. By subsequent resolutions of the City Council, the Commissions have had their schedule of meeting dates and times updated to meet the specific needs of each commission and the public.

DISCUSSION
The City publishes an annual calendar of meetings for Council, Boards and Commissions. The Parks & Recreation Department supports four commissions. The purpose of this item is to set the Calendar of Regular Meetings for 2023 for each of these Commissions. To streamline the process, there is one Council report with four separate resolutions for review and approval by Council.

Commissions currently meet by approved resolution on the following schedules as indicated below:
· According to Council Resolution No. 19-8667, the Cultural Commission meets ten times per year on the first Monday of each month at 7:00 p.m., except when such day falls on a City holiday. On October 3, 2022, the Cultural Commission recommended (RTC # 22-1129) that Council approve the proposed resolution (Attachment 1) and its calendar of meetings for 2023 (Attachment 2).
· According to Council Resolution 19-8771, the Youth Commission meets on the second Tuesday of each month from January to May and September to December at 6 p.m. On October 11, 2022, the Youth Commission recommended (RTC # 22-1262) that Council approve the proposed resolution (Attachment 3) and its calendar of meetings for 2023 (Attachment 4).
· According to Council Resolution No. 20-8918, the Parks & Recreation Commission meets City of Santa Clara Printed on 11/10/2022Page 1 of 2
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22-1302 Agenda Date: 11/15/2022
eleven times per year on the third Tuesday of the month at 7:00 p.m. On September 20, 2022, the Parks & Recreation Commission recommended (RTC # 22-1179) that Council adopt a resolution (Attachment 5) to set the calendar of meetings for 2023 (Attachment 6). · According to Council Resolution No. 19-8690, the Senior Advisory Commission meets eleven times per year on the fourth Monday of each month at 10:00 a.m., January through November.

On September 26, 2022, the Senior Advisory Commission recommended (RTC # 22-1156) that Council adopt a resolution (Attachment 7) to set the calendar of meetings for 2023 (Attachment 8).

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

FISCAL IMPACT
There are no additional costs to the City other than staff time and expense.

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

RECOMMENDATION
Adopt the proposed resolutions to set each of the 2023 Calendar of Regular Meetings for the Cultural Commission, Youth Commission, Parks & Recreation Commission, and Senior Advisory Commission.

Reviewed by: James Teixeira, Director of Parks & Recreation Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Proposed Resolution - Cultural Commission - 2023 Meetings

2. Cultural Commission - Calendar of Meetings 2023

3. Proposed Resolution - Youth Commission - 2023 Meetings

4. Youth Commission - Calendar of Meetings 2023

5. Proposed Resolution - Parks & Recreation Commission - 2023 Meetings

6. Parks & Recreation Commission - Calendar of Meetings 2023

7. Proposed Resolution - Senior Advisory Commission - 2023 Meetings

8. Senior Advisory Commission - Calendar of Meetings 2023 City of Santa Clara Printed on 11/10/2022Page 2 of 2
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RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

APPROVING THE CULTURAL COMMISSION CALENDAR OF
MEETINGS FOR 2023, SETTING THE NUMBER AND START TIME

OF REGULAR CULTURAL COMMISSION MEETINGS, AND

DELEGATING TO THE CULTURAL COMMISSION THE AUTHORITY

TO ADOPT FUTURE ANNUAL MEETING CALENDARS

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

WHEREAS, Section 2.120.030 of the Santa Clara City Code (“SCCC”) requires City boards and commissions to hold regular meetings at the times and on the days indicated by resolution of the Council;
WHEREAS, the City Council in 1987 adopted Resolution No. 5195 to set the original dates and times of the Cultural Commission, and on December 17, 2019 the Council adopted Resolution No. 19-8667 setting the first Monday of the month at 7:00 p.m. as the regular meeting date and time; and
WHEREAS, on October 3, 2022, the Cultural Commission recommended to the City Council its meeting schedule for 2023, which proposes ten (10) meetings per year (January through December), and a start time of 7:00 p.m.

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

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

2. The City Council hereby approves the Cultural Commission

Resolution/Cultural Commission Calendar of Meetings 2023 Rev: 09/27/22

Page 1 of 2 ends

Schedule of Meetings for 2023, attached hereto.

3. Subject to the foregoing, the City Council hereby delegates to the Cultural Commission the authority set forth in SCCC Section 2.120.030 to establish the days and times of regular meetings. In accordance with these parameters, the Cultural Commission shall adopt a Calendar of Meetings annually.

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Proposed Cultural Commission Meeting Schedule 2023

Resolution/Cultural Commission Calendar of Meetings 2023 Rev: 09/27/22

Page 2 of 2 ends

Regular meetings are typically held on the first Monday of the month, beginning at 7:00 p.m., at the Santa Clara Senior Center. However, per County of Santa Clara Public Health Order, meetings will be held remotely until further notice.

January 9, 2023
Special Meeting

February 6, 2023

March 6, 2023

April 3, 2023

May 1, 2023

June 5, 2023

August 7, 2023

October 2, 2023

November 6, 2023

December 4, 2023

Cultural Commission
Santa Clara Senior Center
1303 Fremont Street
Santa Clara, CA 95050

City of
Santa Clara
The Center of What's Possible
Resolution/Youth Commission Calendar of Meetings 2023 Page 1 of 2 Rev: 10/03/22

RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

APPROVING THE YOUTH COMMISSION CALENDAR OF
MEETINGS FOR 2023, SETTING THE NUMBER AND START

TIME OF REGULAR YOUTH COMMISSION MEETINGS, AND

DELEGATING TO THE YOUTH COMMISSION THE AUTHORITY

TO ADOPT FUTURE ANNUAL MEETING CALENDARS

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

WHEREAS, Section 2.120.030 of the Santa Clara City Code (“SCCC”) requires City boards and commissions to hold regular meetings at the times and on the days indicated by resolution of the Council;
WHEREAS, the City Council in 1995 adopted Resolution 6047 to set the original dates and times of the Youth Commission, and on December 7, 2021 the Council adopted Resolution No. 21-9028 setting the second Tuesday of the month at 6:00 p.m. as the regular meeting date and time; and
WHEREAS, on October 11, 2022, the Youth Commission recommended to the City Council its meeting schedule for 2023, which proposes nine (9) meetings per year (January-May and September-December) and a start time of 6:00 p.m..

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

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

2. The City Council hereby approves the Youth Commission Schedule of Meetings, 2022 attached hereto.

3. Subject to the foregoing, the City Council hereby delegates to the Youth Commission the Resolution/Youth Commission Calendar of Meetings 2023 Page 2 of 2 Rev: 10/03/22

authority set forth in SCCC Section 2.120.030 to establish the days and time of regular meetings. In accordance with these parameters, the Youth Commission shall adopt a Calendar of Meetings annually.

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Proposed Youth Commission Meeting Schedule for 2023

YOUTH COMMISSION

TEEN CENTER
2446 Cabrillo Avenue
Santa Clara, CA 95051
2023 Youth Commission Schedule of Meetings

Regular meetings are typically held on the second Tuesday of the month, beginning at 6:00 p.m., in accordance with the following schedule:

Meeting Dates

January 10, 2023
(2446 Cabrillo Avenue, Santa Clara, CA 95051)

February 14, 2023
(2446 Cabrillo Avenue, Santa Clara, CA 95051)

March 14, 2023
(2446 Cabrillo Avenue, Santa Clara, CA 95051)

April 11, 2023
(2446 Cabrillo Avenue, Santa Clara, CA 95051)

May 9, 2023
(2446 Cabrillo Avenue, Santa Clara, CA 95051)

September 12, 2023
(2446 Cabrillo Avenue, Santa Clara, CA 95051)

October 10, 2023
(2446 Cabrillo Avenue, Santa Clara, CA 95051)

November 14, 2023
(2446 Cabrillo Avenue, Santa Clara, CA 95051)

December 12, 2023
(2446 Cabrillo Avenue, Santa Clara, CA 95051)

City of
Santa Clara
The Center of What 's Possible
Resolution/PARKS & RECREATION Commission Calendar of Meetings 2023 Page 1 of 2 Rev: 09/07/22

RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA APPROVING THE PARKS & RECREATION
COMMISSION CALENDAR OF MEETINGS FOR 2023, SETTING

THE NUMBER AND START TIME OF REGULAR PARKS &

RECREATION COMMISSION MEETINGS, AND DELEGATING

TO THE PARKS & RECREATION COMMISSION THE

AUTHORITY TO ADOPT FUTURE A NNUAL MEETING

CALENDARS

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

WHEREAS, Section 2.120.030 of the Santa Clara City Code (“SCCC”) requires City boards and commissions to hold regular meetings at the times and on the days indicated by resolution of the Council;
WHEREAS, the City Council in 1987 adopted Resolution 5195 to set the original dates and times of the Parks & Recreation Commission, and on December 7, 2021 the Council adopted Resolution No. 21-9029 setting the third Tuesday of the month at 7:00 p.m. as the regular meeting date and time; and
WHEREAS, on September 20, 2022, the Parks & Recreation Commission recommended to the City Council its meeting schedule for 2023, which proposes eleven (11) meetings per year (January - November) and a start time of 7:00 p.m.

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

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

2. The City Council hereby approves the Parks & Recreation Commission Schedule of Meetings, 2023 attached hereto.

Resolution/PARKS & RECREATION Commission Calendar of Meetings 2023 Page 2 of 2 Rev: 09/07/22

3. Subject to the foregoing , the City Council hereby delegates to the Parks & Recreation Commission the authority set forth in SCCC Section 2.120.030 to establish the days and time of regular meetings. In accordance with these parameters, the Parks & Recreation Commission shall adopt a Calendar of Meetings annually.

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Proposed Parks & Recreation Commission Meeting Schedule for 2023

PARKS & RECREATION COMMISSION
City Hall – East Wing Cafeteria
1500 Warburton Avenue
Santa Clara, CA 95050

Schedule of Meetings
2023

Regular meetings are typically held on the third Tuesday of the month, beginning at 7:00 p.m., in the City Hall – East Wing Cafeteria. However, per County of Santa Clara Public Health Order, meetings may be held remotely upon notice, in accordance with the following schedule:

Meeting Dates

▪ January 17, 2023

▪ February 21, 2023

▪ March 21, 2023

▪ April 18, 2023

▪ May 16, 2023

▪ June 20, 2023

▪ July 18, 2023

▪ August 15, 2023

▪ September 19, 2023

▪ October 17, 2023

▪ November 21, 2023
City of
Santa Clara
The Center of What 's Possible
Resolution/Senior Advisory Commission Calendar of Meetings 2023 Page 1 of 2 Rev: 09/07/22

RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA APPROVING THE SENIOR ADVISORY
COMMISSION CALENDAR OF MEETINGS FOR 2023, SETTING

THE NUMBER AND START TIME OF REGULAR SENIOR

ADVISORY COMMISSION MEETINGS, AND DELEGATING TO

THE SENIOR ADVISORY COMMISSION THE AUTHORITY TO

ADOPT FUTURE ANNUAL MEETING CALENDARS

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

WHEREAS, Section 2.120.030 of the Santa Clara City Code (“SCCC”) requires City boards and commissions to hold regular meetings at the times and on the days indicated by resolution of the Council;
WHEREAS, the City Council in 1987 adopted Resolution 5195 to set the original dates and times of the Senior Advisory Commission, and on December 7, 2021 the Council adopted Resolution No. 21-9030 setting the fourth Monday of the month at 10:00 a.m. as the regular meeting date and time; and
WHEREAS, on September 26, 2022, the Senior Advisory Commission recommended to the City Council its meeting schedule for 2023, which proposes eleven (11) meetings per year (January-November) and a start time of 10:00 a.m..

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

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

2. The City Council hereby approves the Senior Advisory Commission Schedule of Meetings, 2022 attached hereto.

Resolution/Senior Advisory Commission Calendar of Meetings 2023 Page 2 of 2 Rev: 09/07/22

3. Subject to the foregoing , t he City Council hereby delegates to the Senior Advisory Commission the authority set forth in SCCC Section 2.120.030 to establish the days and time of regular meetings. In accordance with these parameters, the Senior Advisory Commission shall adopt a Calendar of Meetings annually.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2019, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Proposed Senior Advisory Commission Meeting Schedule for 2022

SENIOR ADVISORY COMMISSION
Santa Clara Senior Center
1303 Fremont Street
Santa Clara, CA 95050

Schedule of Meetings
2023

Regular meetings are typically held on the fourth Monday of the month, beginning at 10:00 a.m., in accordance with the following schedule.

Meeting Dates
January 23, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

February 27, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

March 27, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

April 24, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

May 22, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

June 26, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

July 24, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

August 28, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

September 25, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

October 23, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

November 27, 2023
(Senior Center - 1303 Fremont St., Santa Clara, CA 95050)

City of
Santa Clara
The Center of What 's Possible
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1299 Agenda Date: 11/15/2022

REPORT TO COUNCIL

SUBJECT
Update on Request for Proposals Related to Janitorial Work at Various City Facilities

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City contracts out janitorial services at multiple City facilities including City Hall buildings, Senior Center, Silicon Valley Power offices, Police Station, Libraries, Emergency Operations Center, several Fire Stations, and the Corp yard. Services provided by the vendor include various items such as vacuuming, mopping, restroom cleaning, window cleaning, wiping down counters, deep cleaning, and other related work efforts. Current contracts are set to expire on June 30, 2023. Staff from the Department of Public Works (DPW) and Finance Department have been working on developing a new Request for Proposals (RFP) to procure janitorial services for an initial five-year term.

The Service Employees International Union (SEIU) has reached out to staff and Council on several occasions requesting that the City include additional provisions in the upcoming Janitorial Services RFP. Specifically, SEIU has asked the City to consider including the following criteria in the RFP:
· Wage Theft Liability Waiver
· Prevailing Wage
· Collective Bargaining Agreement
· Labor Peace Agreement
Staff from Finance, DPW, City Attorney’s Office (CAO) and City Manager’s Office participated in several meetings with representatives from the SEIU Board to discuss these requests along with opportunities to address them. Staff has also provided updates to City Council about these discussions.

DISCUSSION
In order for staff to have a new Janitorial Services contractor under contract by July 1, 2023, it is necessary to publish the RFP in the next several months. Staff has started preparing a draft RFP that incorporates changes to address the concerns raised by SEIU; the purpose of this report is to update Council so staff can move forward with publishing the RFP.

Staff appreciates SEIU’s concerns about the issues and opportunities to improve the RFP process.

Staff is proposing updated RFP requirements that will address better pay and benefits, improved working conditions, a dispute resolution process, workplace harassment, and Labor Peace. Each City of Santa Clara Printed on 11/10/2022Page 1 of 4
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22-1299 Agenda Date: 11/15/2022
issue, and staff’s proposed resolution is addressed below.

Wage Theft
SEIU requested that the City incorporate provisions into the Janitorial Services RFP that per California Labor Code 238.5(c) (d), require contractors to sign a Wage Theft Liability Waiver assuring that the City will not be subject to any wage claims. To address the wage theft concerns and identify companies with a history of wage theft issues, the RFP will require all companies submitting proposals be registered with the Department of Industrial Relations (DIR). This registration will include disclosing any wage claims so that type of company information will be available as part of the RFP process.

Additionally, the CAO reviewed the City’s current standard contract provisions and practices. The CAO confirmed that there are already robust contractual provisions and insurance requirements in all City contracts that protect the City from being subjected to wage claims. These provisions will protect the City in lieu of a waiver. The CAO also researched the referenced Labor Code provision and noted that this section does not apply to local governments.

Prevailing Wage
The Public Works Manual published by the DIR’s Office of the Labor Commissioner specifically excludes prevailing wage requirements for janitorial services. As such, the payment of prevailing wages is not required by the DIR for this contract. SEIU requested that contractors pay a prevailing wage pursuant to California Public Utilities Code (CPUC) Section 465-466. Although the CPUC Code does not apply to local governments, Staff is recommending to follow SEIU’s wage request which is very close to labor rates required by other local agencies (City of San Jose, County of Santa Clara, Valley Water) under their living wage programs. Staff initially discussed following living wage provisions similar to the City of San Jose, however, SEIU was not in favor of this and preferred the CPUC prevailing wage. Staff further reviewed the request and determined that there were no additional significant costs when compared to similar living wage policies. In addition, it provided the benefit of following a CPUC approved approach instead of a different City or County living wage policy. It is estimated that this modification (or the initial living wage staff proposal) could increase costs by approximately 20 percent when compared with wages under the City’s current janitorial contracts.

Collective Bargaining
SEIU requested that the City require firms to be signatory to a collective bargaining agreement with preference given to those having a dispute resolution process that covers a variety of issues including wages, benefits, working conditions and discipline. Staff will require that proposals include the firm’s employee handbook or policy(s) that addresses these criteria. Information provided will be included in the proposal evaluation process.

The City’s RFP will not restrict competition only to firms that are signatory to a collective bargaining agreement as this will unnecessarily restrict competition. Solicitations for City projects are open to both union and non-union firms. Furthermore, the CAO and the City’s outside labor consultant concurs that the City should continue with this practice.

Labor Peace
SEIU requested that contractors have a Labor Peace Agreement with a labor organization that includes employee participation in addressing grievances, labor disputes, and working conditions.

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Staff recommends addressing labor peace through the RFP process by requiring proposers to provide assurances that an environment of labor peace exists. This includes the necessary policy(s) to cover a variety of issues such as wages, benefits, working conditions and discipline. In addition, the RFP will require that all proposing firms be registered with the DIR where the disclosure of information related to wage claims, harassment, and workplace violence is required.

The City’s RFP will not restrict competition only to firms that have a Labor Peace Agreement with a labor organization as this will unnecessarily restrict competition. As referenced above, solicitations for City projects are open to both union and non-union firms.

Lastly, the City’s Labor Retention Ordinance will apply to this RFP, which provides for existing employees under the current agreement the opportunity to continue their employment under the new agreement even if a new vendor is selected. Staff will incorporate the submittal requirements into the RFP. The target date to issue the RFP is December 2022, allowing sufficient time for Staff to review proposals, recommend a vendor, and return to Council with a contract(s) for approval.

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 organization or administrative activity that will not result in direct or indirect changes in the environment.

Describe the CEQA review. If you have questions about whether CEQA applies, call CAO or reference the Style Guide.]

FISCAL IMPACT
Staff estimates that the proposed changes to the RFP could increase City costs for janitorial services by approximately 20 percent when reviewing current janitorial contracts. There are no other impacts other than staff time, or consultant time, to monitor compliance with labor requirements. Actual cost impacts will be determined through the RFP process. Once determined, actual costs will be factored into upcoming budget processes; however, because of the existing General Fund budget deficit, additional resources or expenditure/service reductions and deferments may result to offset the potential cost of the new contract.

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

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

RECOMMENDATION
Note and file the report incorporating changes discussed in this memorandum allowing Staff to move forward with issuing the RFP.

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22-1299 Agenda Date: 11/15/2022
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1291 Agenda Date: 11/15/2022

REPORT TO COUNCIL

SUBJECT
Action on a Request for a Special Permit to allow the Santa Clara First Baptist Church, located at 3111 Benton Street, to conduct an outdoor Christmas Pageant from December 8, 2022 through December 11, 2022, and December 7, 2023 through December 11, 2023.

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The applicant, Jerry Cintas on behalf of Santa Clara First Baptist Church, is requesting a Special Permit for two years pursuant to Zoning Code Section 18.60.030 to allow for an outdoor Christmas Pageant in the western parking lot of the church located at 3111 Benton Street. Zoning Code Section

18.60.030 requires issuance of a Special Permit by the City Council in non-industrial zones for any use not otherwise regulated within the Zoning Code.

The property is currently zoned B - Public, Quasi-Public consistent with the current use of the subject site as the Santa Clara First Baptist Church. The surrounding area is comprised of properties designated with public, quasi-public and residential zoning districts, including the Santa Clara High School (Santa Clara Unified School District) to the south, and multi-family and single-family residential to the north, east, and west.

DISCUSSION
The Santa Clara First Baptist Church is requesting a Special Permit for two years to allow it to host its 24th annual Christmas Pageant (Bethlehem a Living History) as a free event open to the community. The event is proposed to take place from December 8, 2022 to December 11, 2022 and from December 7, 2023 to December 11, 2023. The proposed Permit findings of consistency with the Zoning Code and conditions of operation are listed below. The draft permit conditions address allowable hours of operation, additional permit requirements, cleaning of the lot, and nuisance avoidance:

1. Set-up of the 2022 event shall be on Saturdays through November 5, 2022 to December 3, 2022 from 9:00 a.m. to 3:00 p.m., and breakdown/clean-up shall be from December 12, 2022 through January 7, 2023;

2. Event dates for 2022 shall be from December 8, 2022 to December 11, 2022

3. Event dates for 2023 shall be from December 7, 2023 to December 11, 2023

4. Pageant activities are restricted to 5:30 p.m. to 9:30 p.m. daily from December 8, 2022 through December 11, 2022 and from December 7, 2023 to December 11, 2023;

5. Applicant shall submit the proposed set-up and clean-up dates for the 2023 pageant to the Planning Division for review and approval prior to commencement of the event;

6. The applicant shall obtain Building Official approval and permits for all electrical and utility hook- City of Santa Clara Printed on 11/10/2022Page 1 of 3
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22-1291 Agenda Date: 11/15/2022

6. The applicant shall obtain Building Official approval and permits for all electrical and utility hook- ups, as well as any other required building permits, prior to the event;

7. The applicant shall comply with all Zoning Ordinance regulations regarding temporary structures;

8. The applicant shall obtain Fire Marshal approval and Fire Department permits prior to the event and comply with Fire Department requirements for the "open burning" permit;

9. The applicant shall obtain an amplified music permit and shall comply with City Code Section

9.10.040, noise and sound regulation, if applicable;

10.The applicant shall comply with the attached project description for provision of parking, street crossing attendants, and parking lot monitoring;

11.The applicant shall provide on-site security personnel and provide trained first aid personnel for the First Aid Station;

12.There shall be no “searchlight” beams, streamers, or roof-mounted balloons during the term of this Special Permit;

13.The applicant shall obtain temporary sign permits for all temporary signs advertising the event; and

14.At the conclusion of the event, the parking lot and landscaped areas shall be cleaned and returned to their prior condition.

The proposed temporary use, along with its limited duration, is not anticipated to adversely affect the aforementioned surrounding land uses in that the event will occur for a maximum of five nights each year, and is subject to conditions which will mitigate potential negative impacts. Conditions of approval will require that the use be conducted in a manner that will not create a private or public nuisance. Additionally, this Special Permit is subject to revocation should problems arise.

ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from formal environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”) as it consists of “[m]inor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.”

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

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.

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22-1291 Agenda Date: 11/15/2022

RECOMMENDATION
Approve the request of a Special Permit to allow the Santa Clara First Baptist Church, located at 3111 Benton Street, to conduct an outdoor Christmas Pageant from December 8, 2022 through December 11, 2022, and December 7, 2023 through December 11, 2023, subject to conditions.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Cover Letter and Site Plan
City of Santa Clara Printed on 11/10/2022Page 3 of 3
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t
"Special Permit" application for
Santa Clara First Baptist Church
Event site: Church property - 3111 Benton Street, Santa Clara, 95051 APN: 290-27-006
Event name: Bethlehem
Dates of Event: December 8-11, 2022 ( 4 nights)
December 7-11, 2023 (5 nights)
Hours of event:

Preparation 5:30 PM - 6:30 PM
Event: 6:30 PM - 9:00 PM
Clean up: 9:00 PM - 9:30 PM
Setup Days: Saturdays 9am - 3pm, Nov 5, 12, 19, 26, Dec 3 Cleanup Days: Dec 12-17, 24, 31, Jan 7
Bethlehem
Experience the Birth
Event description: This will be our 24th year providing this FREE community outreach program sponsored by Santa Clara First Baptist Church. The purpose of this event is to provide a "living history" environment of the town of Bethlehem during the period just preceding the Birth of Jesus Christ. The purpose of the event is to provide a free Christmas experience for families in the community.

A portion of the west parking lot of the church will be transformed into the city of Bethlehem, by the use of wood frame sets, commercial theatrical lighting, costumed actors, rented animals with handlers, and sound equipment. Provisions will be made to ensure public safety in the form of trained first aid providers, security and parking attendants, and permit placed fire extinguishers and exit routes. Liability insurance is through Church Mutual. An average of 2500 guests a night is expected to come and go during the hours of operation.

Event Contact: Jerry Cintas 408-390-4696cell
Church Office, 408-241-7635
Bethlehem
Santa Clara First Baptist Church - 3111 Benton Street, Santa Clara, CA 95051 408-241-7635 www.BethlehemSC.com
Storage
Building
Costumes
Viewing A rea
For Stable
Well
Market Place Rm 30
Prayer
Room
Rm 31
First Aid
Lost and Found
Guest M
Restrooms
Worship
Center
~ ~u.~~t,C:.u.~ .............. .
e,enton Street
Rm21
Guards
Quarters
Rm22
King's
Sound
Camel
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1362 Agenda Date: 11/15/2022

REPORT TO COUNCIL

SUBJECT
Accept the resignation of James Hohenshelt from the Senior Advisory Commission, Declare a Vacancy on the Senior Advisory Commission, and Action on the appointment of Rick Andrews to the Senior Advisory Commission to serve a partial term ending June 30, 2023

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Commissioner James Hohenshelt was appointed on October 5, 2021 to serve a partial term ending on June 30, 2023. On August 22, 2022 staff was informed that Commissioner Hohenshelt was employed by the City of Santa Clara as a Crossing Guard. On September 26, 2022, staff informed Commissioner Hohenshelt that he is not able to both serve on a City commission and be employed by the City pursuant to Santa Clara City Code Section 2.120.110 “…members shall not hold any paid office or employment in the City Government.” On October 10, 2022 Commissioner Hohenshelt submitted an email of resignation to Jennifer Herb, staff Liaison to the Senior Advisory Commission.

DISCUSSION
Due to Commissioner Hohenshelt’s resignation, this has created a vacancy on the Senior Advisory Commission. On May 16, 2022, the City Council interviewed four (4) Senior Advisory Commission applicants, following the appointment, Council placed Veena Sterling and Rick Andrews on the eligibility list due to expire on November 16, 2022 in the event a resignation should occur. Ms.

Sterling was appointed to fill a vacancy on June 21, 2022, Mr. Andrews remains on the list, staff reached out to inquire if there is still an interest to serve. Mr. Andrews expressed that he continues to have an interest in serving on the commission.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

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

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 11/10/2022Page 1 of 2
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22-1362 Agenda Date: 11/15/2022
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 agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email
[email protected] <mailto:[email protected]>.

RECOMMENDATION
Accept the resignation of James Hohenshelt from the Senior Advisory Commission, Declare a vacancy on the Senior Advisory Commission and appoint Rick Andrews from the established eligibility list to serve a partial term ending June 30, 2023.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager

ATTACHMENT

1. Senior Advisory Application - Rick Andrews
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I
Position
Board/Commission/Comm ittee Applying for*
[ Senior Advisory Commis; lon -
----------~
Personal Information
Name*
[ Rick Andrews
Address*
Street Add1·es
Ad ress Line 2
I
City
c·
2022 .1 I I I (' I : 59
Email*
Stale I Pr vince I Region
l santa clara J [ca
Po t I / Zip Code
[95054
Primary Phone#*
Additional Information
/lre you eligib le to vote In Santa Clara?*
Ives
Have you atte nded a meeting of this Board/ Commission/ Committee?*
[Yes
Job Title
[ Facllilies Manager
Work Experience
Country
lusa
Seco ndary Phone #
Al'e you a registered voter of Santa Clara?*
f Yes
Present Employer
[ Valley Medical C nter
Previous Government Bodies/ Elective Offices Applicant has served Government Bodies/
Elective Offices
r
Position/ Office Held
Civic or Charitable Organizations to which Applicant has belonged Civic or Charitable Position Held
Organization
Specia l Interests, Hobbies or Talents
r
High School, College, Professional, Vocational Schools att nded High Schoo l, College , Professional, Major Subject
Vocational Schoo l
From Date
From Date
To Date
To Date
Degree Dates I Anticipated
Graduation
[~;1'1-!~~l:l s!ate
Special awards or recognition received
Reasons
Please state reasons why you want to become a member of this Bomd/Commission/Committee, including what specific objectives you would be working toward as a member of this advisory board:

Additional Information
Any other information which you feel would be useful to the City Council in reviewing your application:

Conflict of Interests
Are you associated with any Organization/Employment that might be deemed a conflict of interest in performing your duties if appointed to this position?
[
Abstaining from Votes
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest. Would you be willing to abstain from voting if such a conflict arises? Signature and Acknowledgement
Signature*
By clicking submit you are confirming that you are the person listed in this application, and that all information provided is truthful and correct. All information provided will be public information.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1252 Agenda Date: 11/15/2022

INFORMATIONAL REPORT TO COUNCIL

SUBJECT
Informational Report Regarding Bi-Annual Project Status Report of the GIS Services Program

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City has made significant progress in establishing an enterprise GIS program. On October 29, 2019, Arini Geographics was awarded a contract for Enterprise GIS Consulting Services. The contract was awarded as a three-year professional services agreement for the initial term of the contract, with an additional two-year term. We are now starting year one of the two-year term.

Council has requested a bi-annual project status report of GIS services. This is the sixth report.

DISCUSSION
With location a common attribute across numerous city services and assets, the City’s Enterprise GIS Program is a framework of people, process and technology enabling geospatial and asset information across departments managed in a single system. Integrating this information and making it available to staff and the public enables operational effectiveness, data driven decision making, cross departmental and regional coordination, citizen engagement and transparency.

Efforts are focused on (1) projects and (2) day-to-day operations as below.

Projects - Accomplishments during this reporting timeframe are:

Project Current
Reporting
Period
Next Reporting
Period
Streets and Intersections Inventory ü Completed
City-owned Parking Lots Inventory ü Completed
Citywide Desktop GIS Upgrade ü Completed
Parks & Recreation Assets Update ü Completed
DPW EAM Integrations: Traffic signs, city trees, storm drain ü Completed Stadium Common Operational Picture Upgrade In Progress* Completion Planned Sewer Video Inspection Integration In Progress* Completion Planned Parcel Document Access via infoMap Initiate
GIS-Based Pipeline Map Books Initiate
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22-1252 Agenda Date: 11/15/2022
Project Current
Reporting
Period
Next Reporting
Period
Streets and Intersections Inventory ü Completed
City-owned Parking Lots Inventory ü Completed
Citywide Desktop GIS Upgrade ü Completed
Parks & Recreation Assets Update ü Completed
DPW EAM Integrations: Traffic signs, city trees, storm drain ü Completed Stadium Common Operational Picture Upgrade In Progress* Completion Planned Sewer Video Inspection Integration In Progress* Completion Planned Parcel Document Access via infoMap Initiate
GIS-Based Pipeline Map Books Initiate
Enterprise GIS Governance & Stakeholder Engagement Initiate *Continued from the last period
· Streets and Intersections Inventory: Completed GIS Inventory of City Streets and Intersections, providing the Department of Public Works with comprehensive representation of the actual surface of 846 City streets and 1519 intersections, including specific attributes such as speed limit, surface, classification, and number of lanes. As part of a separate effort, this dataset will be integrated with the City’s enterprise asset management (EAM) enabling the tracking of work orders to the actual assets. The accumulation of such geographically enabled data over time constitutes the basis for data-driven decision-making on preventative maintenance and proactive service. (Refer to Figure 1)
· City-owned Parking Lots Inventory: Completed an inventory of 92 active City-owned Parking Lots offering 7,607 parking spaces, totaling 3,456,416 square feet, including specific attributes such as the parking lot name, status, and the number of ADA parking spaces. When integrated into the City EAM, this dataset will constitute the basis of more effective maintenance through work order tracking and analysis. (Refer to Figure 1) Figure 1: Intersections (Pink), Streets (Green), Parking Lots (Yellow) · Citywide Desktop GIS Upgrade: Completed the upgrade of the desktop GIS applications, ensuring better GIS software and data usage accountability. This allows City staff to design and run location-based queries and analyses, as well as create and share their own maps and visualizations. In addition, we have expanded utilization of infoMap citywide. The infoMap web application provides easy access to GIS capabilities that saves staff time. The upgrades, along with continuous GIS training uplifts the skill level of city staff, who use modern tools to make data- City of Santa Clara Printed on 11/9/2022Page 2 of 6
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22-1252 Agenda Date: 11/15/2022
driven decisions.
· Parks & Recreation Assets Update: Completed the mapping of Parks & Recreation facilities added to the city since the initial inventory of City parks and recreation assets (Kitchell Report, 2018). As a subsequent effort, this dataset is ready to be integrated with the City’s enterprise asset management (EAM) system based on department resources and budget. Digital models of city parks, down to each bench and trash constitute the basis of preventative maintenance and helping inform capital investment decisions.
· DPW EAM Integrations: As reported previously, integration with the EAM for DPW assets such as traffic signs, city trees, storm drain has successfully completed. Based on the successful completion of above-mentioned assets, additional assets such as City streets, intersections and parking lots are cataloged and completed by GIS and await to be integrated with EAM as budgets and resources are prioritized.

Planned activities over the next six months:
· Complete the upgrade to the Common Operational Picture providing live situational awareness to public safety activities related to events at the Levi’s Stadium. This effort started in August 2021 to align with enterprise GIS technology upgrades completed last year and will continue to completion through the 2022 - 2023 NFL Season. · Sewer Video Inspection System Integration (itPipes) to identify and locate areas of improvement and help plan and execute informed preventative maintenance. By adding maps and data to the mobile pipeline inspection management system, the Department of Water and Sewer can track progress of the inspections and proactively locate areas of improvement, helping to plan and execute informed preventative maintenance. Staff is currently upgrading the itPipes application and enhancing the GIS integration.
· Parcel Document access via infoMap to enable quick location-based access to documents related to City current and historical parcels through infoMap leading to significant City staff productivity gains and better customer service.
· GIS-Based Pipeline Map Books to improve the timeliness, quality and upkeep of GIS data and pipeline utility network models and asset inventories, managed by the Department of Public Works (DPW) and Water & Sewer Department (WSD). Currently the map books are updated manually. This effort would establish an improved GIS-based production of printed map books used by field crews to maintain assets or construct new ones. · Enterprise GIS Governance & Stakeholder Engagement, comprising meetings with key stakeholders aimed at advancing the location-based organization of departmental and citywide information and processes, for increasing business effectiveness, and the quality of service to residents and visitors.

Day-to-Day Operations
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22-1252 Agenda Date: 11/15/2022
numerous City activities by supplying high-confidence location-based information in many areas of the City business: public safety, utilities operations, community development, parks maintenance, capital investments, and public outreach. For example, whether in the Fire Department, the Police Department, the Water and Sewer Department, or the Streets and Automotive Division of the Public Works Department, first responders and field workers arrive quicker and with proper equipment at the correct address. City services run smoother, and significantly more productive, when they can quickly and confidently access the information, they need daily in its geographic context. From the permits counter to the 911 dispatch center, the city operates faster and smarter, and the citizens are better served.

Statistics and information related to Enterprise GIS activities can be found in the infographic (Attachment 1), indicating City Basemap updates since October 16, 2021, records count in the Enterprise Geospatial Repository (EGR) by department, as well as infoMap usage statistics by functionality.

City Enterprise GIS Basemap - specialized mapping system keeping track of the City’s foundational map layers (addresses, streets, parcels, ownership, general plan and zoning designations, multiyear aerial imagery - see illustration below) and key-related attributes. From May 16,2022 through October 31, 2022, there have been 264 site address updates, 623 land parcel updates and 63 new land parcels created, and 306 air parcel updates. An near real-time Operations Dashboard <https://egis.santaclaraca.gov/portal/apps/opsdashboard/index.html>, which offers a visualization of edits done to the City Enterprise Basemap, is available internally to City staff. Currently, the Enterprise GIS manages 275 - and growing! - diverse layers of geospatial and attribute information, covering the City (with some extending beyond the City borders) and serving most of the City's business functions, on a daily basis, from smart community development to preventative asset maintenance, from effective public safety to environmental compliance and sustainability.

Quality assurance and critical data updates are continually being performed in several areas:

City of Santa Clara Printed on 11/9/2022Page 4 of 6
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1 Addresses arid Sub Addressi!s
2 Admi11istr'3ln.'~Are-2(!1 Citywide
l C,,O and RMS PD 1: Core GIS Layers
4 D@mogr-ap~
5 ~ckipmc::nt Pmj c..,;-..
.6 Dl:strlct Electlon
7 Commoo Qa;eratio nal Pictur~
a Coundlmember Interests
Cltyw ltte
coo
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SCSA
cco
9 UM~gt01In.d El~ rit E&S~r'ILS SVP
10 trvets CenterinE':5 C:ltvwii:Je-
37 2
11 FEMA COO 16
12 Firr-.;uidfiffl5truct urn Prop lan FD 3.3.
13 Historic Pre1:ertles coo 1
U l:m ll Uk Planning
1S Lal\d .ind Air Pare.els
(DO
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16 PropenyOwflers.l ~ CDO 1
17 P.arks;JndRecreiJtionAs sats PltD 43
la cir, Parks PRO
111 Poice:Opr. ra,ia n31Live rs PD 4
20 Poatable\1/.aterDls.tlib\JWn WSD 29
21 ReL)'CledWa,er wso 19
2 2 R-efen1rice Geo.31aphic: Features C:it\•'i'-'iih 12 23 SSrlitatyS~r WSD 1 4

2.4 Sir;lcwollu; ;JJ1d El;,,,mp:i; DPW 2
2 5 Storm [lra:JI DPW 10
26 Str!*-tTn'!t!S DPW
l? Traff~Control PD
2S Tr'aHiC:~1ll DPW
• Serving Most City Functi ons with Excellence
Land Management and Community Development
Firefighting, Law Enforcement, Disaster Preparedness
Local Elections, Census , Public Health, Sustainability Utilities Operations, Capital Investments, Maintenance
Roadway Maintenance, Traffic and Refuse Management
Parks and Recreation , Urban Forest Management
Municipal Administration and Civic Engagement
Multi-agency Coordination and Information Exchange
Heritage Preservation and Visitors Services
Award-winning Public City Image Contribution
22-1252 Agenda Date: 11/15/2022
· MapSantaClara: A web-based application providing tailored access and reporting functionality to the public (<https://map.santaclaraca.gov>). The app received over 20,000 visits over the current reporting period.
· Open Data Geospatial Portal: A web-based repository providing access to GIS data without the need to request such information, saving City staff time -(<https://map.santaclaraca.gov/data> ).
· Story Maps: Specialized web-based GIS interactive maps that facilitate information dissemination and increase the level of service to the public, including Development Projects ( <http://santaclaraca.gov/devprojects>) and Live Traffic Cameras ( ( <http://santaclaraca.gov/trafficcam>).
· Public Safety: Various GIS integrations and dedicated datasets are in place supporting the Police and Fire Departments, and are being maintained with regularity, including maps for the Computer Aided Dispatch (CAD) system and police mobile data computers (MDCs). · Enterprise Permitting: Supporting the new Enterprise Permit Management System, providing GIS live location validation for new and over 500,000 existing permit records. Functionality includes various ways of searching and mapping sites of interest, optimal routing for inspections, and an easy way to review historical records for properties and addresses through infoMap 3.1. · Enterprise Asset Management (EAM): This is a key focus area enabling more effective management of City's assets to improve their utilization and performance, reduce capital and operational costs, and improve quality of service. GIS is an integral part of the EAM Program as the system of record for all assets tracked.
· Regional GIS Collaboration and Coordination: Collaboration with neighboring cities, the County of Santa Clara, and other government agencies to ensure regional timely and quality data acquisition and sharing. Through an ongoing agreement, the City receives fresh annual high- resolution aerial imagery, which is the foundational GIS layer for the City Basemap. A separate effort seeks standardization of GIS data layers for emergency response, including NextGen 911 implementation.
· Steady State GIS: Fulfilled numerous requests from departments, including the Council Districts boundary update; printable wall maps of Police Beats to aid new officers during their training, orientation, operations, and reporting; analysis and map of available undeveloped City- owned properties North of US 101; map of citywide permitted accessory dwelling units; geospatial and property ownership data request to aid the Housing Element Update program; and General Plan Amendment updates.

ENVIRONMENTAL REVIEW
This is an informational report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.

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22-1252 Agenda Date: 11/15/2022

FISCAL IMPACT
There is no cost to the City associated with this report other than administrative time and expense.

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 the Informational Report regarding the Bi-annual Project Status Report of the GIS Services Program.

Reviewed by: Gaurav Garg, Director of Information Technology/CIO Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Infographic - Enterprise Geospatial Program Activity City of Santa Clara Printed on 11/9/2022Page 6 of 6
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May 16,2022 - October 31, 2022
0 5,000 10,000 15,000 20,000 25,000 30,000 35,000
Search by Address
Other
Create Custom Radius
Find an Intersection
Conflict of Interest
Search by Owner
Create a Radius
COI - Planning
Multi-Address Radius
Select Addresses
Multiple APN Radius
Select Parcels
InfoMap Usage by Functionality
0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 11,000 Create a Report
Search by Address
Print a Map
Search by Parcel
Other
Register a Camera
Find an Intersectio...

Permit Reports
MapSantaClara Usage by Functionality
0 500,000 1,000,000
Community Development
Water and Sewer
Streets
Fire
Silicon Valley Power
EGR Record Count by Department
35,083 Address Updates
Addresses Updated
InfoMap (http://infomap.santaclaraca.gov/) provides City Staff easy access to up-to-date and accurate GIS data, and printable maps and reports. These services and their supporting data facilitate operations in land records, public works, fire services, emergency management, law enforcement, planning and development, elections, health and human services, and many others.

MapSantaClara (https://map.santaclaraca.gov/), an
interactive city map, provides the City’s residents, businesses, and developers with quick access to information about Santa Clara.

Enterprise Geospatial Repository
Enterprise Geospatial Program Activity
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1188 Agenda Date: 11/15/2022

REPORT TO COUNCIL

SUBJECT
Informational Report Regarding the City's Shared Mobility Permit Program

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
At the September 13, 2022 City Council meeting during Public Presentations, a resident provided feedback on the recent addition of electric scooters in Santa Clara. Staff was then directed to provide an informational report on the bicycle and scooter share program in Santa Clara at a future City Council meeting. The information presented below provides the history and current status of the City’s Shared Mobility Permit Program (i.e. shared bicycle and scooters).

In early 2019, the City Council adopted a temporary moratorium on the operation of shared mobility devices in Santa Clara. At that time, the City Council directed staff to return with a proposed permanent Shared Mobility Permit Program (Permit Program) to formally regulate the use of shared mobility devices within the City. Staff developed and implemented a workplan for the establishment of a Permit Program and provided a detailed progress update on its development at the June 4, 2019 City Council meeting. Additionally, at the June 24, 2019 Bicycle and Pedestrian Advisory Committee (BPAC) meeting, staff presented the proposed Permit Program and BPAC approved a recommendation that the City Council approve the Permit Program.

In July 2019, the City paused the development of the Permit Program based on pending Americans with Disabilities Act (ADA) litigation that had the potential to impact the proposed Permit Program. At the time staff was also tracking two items of pending legislation (Assembly Bill 1112 and Assembly Bill 1286) that could potentially affect the Permit Program.

On November 17, 2020, staff provided an informational report to the City Council with an update on the proposed Permit Program and highlighted recent changes to state law. Staff informed City Council of a plan to return with a proposed Permit Program and Administrative Regulations for review and consideration by the end of 2021.

In early 2021, staff restarted the development of the Permit Program as the related ADA litigation was resolved and Assembly Bill 1286 was approved by the Governor. Staff spent considerable time reengaging with shared mobility operators and updating the Permit Program based on the following items:

1. Address feedback from the June 4, 2019 City Council discussion and the June 24, 2019 BPAC discussion on the proposed Permit Program.

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22-1188 Agenda Date: 11/15/2022

2. Incorporate required changes based on recent State Law and the above-mentioned ADA litigation

3. Include any recent developments within the shared mobility operator industry (e.g., parking detection technology, etc.)

4. Ensure regulations are comparable with other cities that have similar programs. (San Jose, Oakland, San Francisco, and Sacramento)
On December 7, 2021, City Council approved the Permit Program by introducing an Ordinance instituting Shared Mobility Administrative Regulations and adopting a Resolution establishing the Shared Mobility Permit and Impound Fees. The goal of the Permit Program is to provide an additional active transportation option for the public to travel throughout the City. In addition, the Program aims to provide a transportation option for short trips throughout the City as well as provide first and last mile connections to transit stops.

DISCUSSION
Shared mobility operators must apply for an operating permit to deploy shared mobility devices in accordance with the City’s Shared Mobility Permit Administrative Regulations (Attachment 1). Below is a summary of the notable requirements:
· One Year Operating Permits
: Permits may be given to up to three operators for a one-year period beginning on July 1 and ending the following year on June 30. · Maximum Number of Citywide Devices: The total number of devices citywide shall not exceed 3,000 (or up to 2,000 scooters and 1,000 bicycles).
· Device Parking:
o All devices parked in a low-density residential zone must be relocated out of the zone within 72 hours.
o Devices shall be parked upright and shall not block pedestrian pathways o Any improperly parked device shall be re-parked by the operator within two hours of notification.
· Customer Service and Outreach
:
o Operators are required to maintain a 24-hour customer service contact line. o Operators must conduct public outreach including safety education for members of the public.
· Fines and Permit Revocation
: Operators can be cited for failure to comply with the regulations which can lead to the revocation of the operating permit.

On February 1, 2022, the City began accepting Shared Mobility Permit applications for Fiscal Year 2022/23. The City received two applications from Bird Rides, Inc. (Bird) and VeoRide, Inc. (Veo).

Bird’s application includes the deployment of 1,000 devices (800 e-scooters and 200 e-bicycles) and Veo’s application includes deployment of up to 300 e-scooters. In total, the City has received applications for up to 1,300 devices. Attachment 2 includes images of the devices that Bird and Veo intend to deploy in Santa Clara.

After review of Bird’s application, the City determined that they demonstrated compliance with the City’s regulations and on August 8, 2022, the City issued a shared mobility operating permit to Bird.

In preparation for device deployment, staff coordinated with Bird to review proposed locations for deploying devices, updated the City’s MySantaClara app so that residents could provide feedback to City of Santa Clara Printed on 11/10/2022Page 2 of 4
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22-1188 Agenda Date: 11/15/2022
the City, and updated the City’s Permit Program webpage (SantaClaraCA.gov/SharedMobility <https://www.santaclaraca.gov/our-city/departments-g-z/public-works/engineering/traffic- engineering/bicycle-and-scooter-share>).

Additionally, after review of Veo’s application, the City determined that they also demonstrated compliance with the City’s regulations and on October 27, 2022, the City issued a shared mobility operating permit to Veo.

Staff also completed several public outreach activities to notify the public of the Permit Program, including:
· Inside Santa Clara (Summer 2022)
· City Hall News (July and September 2022)
· Santa Clara Police News Release on Device Operating Rules (August 2022) · City News Release - Bird Device Launch (August 2022)
· Facebook, Instagram, Twitter, NextDoor and Gov Delivery (August 2022) · Art and Wine Festival (September 2022)
· City News Release - Veo Device Launch (October 2022)
Operators will be providing user and operation data on the program and this information will be included on future program status updates.

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

FISCAL IMPACT
There is no fiscal impact associated with this report.

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

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

RECOMMENDATION
Note and file Informational Report Regarding the City's Shared Mobility Permit Program Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
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22-1188 Agenda Date: 11/15/2022

ATTACHMENTS

1. Shared Mobility Permit Administrative Regulations

2. Images of Bird and Veo devices
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City of Santa Clara Shared Mobllity Device Permit
Administrative Regulations-February 2, 2022
City of Santa Clara
Shared Mobility Device
Permit Administrative
Regulations
February 2, 2022
Dated:

APPROVED AS TO FORM

SANTA CLARA CITY ATTORNEY'S OFFICE
LU I• s M . H a ro Digitally signed by Luis M. Haro
Date: 2022.03.11 16:1 4:34 -08'00'

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