Agenda packet — City Council and Authorities Concurrent, April 18, 2023 (part 4 of 8)

147-070-005, 147-080-001, 147-080-003, 147-080-011, 147-080-014, 147-080-015, 016-070- 012, 016-080-007, 016-080-008, 016-090-011, 016-090-059, 016-100-001, 016-100-004, 016-100-005, 016-100-006, 021-010-003, 021-010-006, 021-010-012, 021-010-013 and 021- 020-001. The City is permitted to proceed with the sale or lease of the property.

The City or its representatives may send any questions to [email protected].

Sincerely,
Laura Nunn
Senior Manager, Housing Accountability Unit
Housing Policy Development
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-365 Agenda Date: 4/18/2023

REPORT TO COUNCIL

SUBJECT
Action on Sixth Amendment to Agreement A4220S with the Santa Clara Valley Water District (Valley Water) and the City of Santa Clara for Cost-Sharing of the Landscape Rebate Program

COUNCIL PILLAR
Promote Sustainability and Environmental Protection

BACKGROUND
In response to developing conditions and in recognition of actions taken by the City’s water supply partners, the City Manager, in her role as Director of Emergency Services, acted on July 12, 2021 to proclaim that the City of Santa Clara was in emergency drought conditions. Section 2.140.060 of the City Code requires that the City Council take action within seven (7) days to ratify such action.

Council took action on July 13, 2021 to approve the emergency declaration and to implement actions that encourage and achieve water conservation as outlined in Stage 2 of the City’s Water Shortage Contingency Plan approved on June 22, 2021, as part of the City’s Urban Water Management Plan.

As part of its water conservation drought response, Water & Sewer Utilities has expanded, supported and promoted its Landscape Rebate Program in partnership with Valley Water. The unprecedented public response has expended the majority of the budget allocated through June 30, 2024.

DISCUSSION
Agreement A4220S, the City’s cost-sharing with Valley Water, was first enacted in 2018 to administer Home Water Use Reports and Landscape Rebate Programs. Since then, Water & Sewer Utilities enacted several amendments to meet Landscape Rebate Program participation levels that exceeded the original budget. We now request Council’s consideration for additional cost-sharing with Amendment No. Six.

Amendment No. Six increases the City’s cost-sharing by $300,000 for a revised not-to-exceed maximum of $550,000 to fund the Landscape Rebate Program through June 30, 2024 or until committed funds are depleted, whichever comes first.

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
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23-365 Agenda Date: 4/18/2023
The cost of this cost sharing agreement can be absorbed in the adopted operating budget for the water utility.

COORDINATION
This report was coordinated with the City Attorney’s Office, Finance Department and Valley Water.

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

RECOMMENDATION
Authorize the City Manager to execute the Sixth Amendment to the Agreement with Santa Clara Valley Water District (Valley Water) to increase the amount of the agreement by $300,000 for a revised not-to-exceed maximum of $550,000.

Reviewed by: Gary Welling, Director, Water & Sewer Utilities Approved by: City Manager’s Office

ATTACHMENTS

1. Sixth Amendment to the Agreement with Santa Clara Valley Water District City of Santa Clara Page 2 of 2 Printed on 4/13/2023
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Sixth Amendment to A4220S-Agreement Between Valley Water and SANTA CLARA

SIXTH AMENDMENT TO

COST SHARING AGREEMENT
NO. A4220S BETWEEN THE

SANTA CLARA VALLEY WATER DISTRICT

AND THE CITY OF SANTA CLARA

FOR WATER CONSERVATION PROGRAMS
This Sixth Amendment (“Sixth Amendment”) between the Santa Clara Valley Water District (“VALLEY WATER”) and the City of Santa Clara (“SANTA CLARA”) amends the Agreement No. A4220S dated December 3, 2018 (the “Agreement”), as amended by the First Amendment dated June 26, 2019, as amended by the Second Amendment dated June 19, 2020, as amended by the Third Amendment dated January 1, 2022, as amended by the Fourth Amendment dated September 1, 2022, and as amended by the Fifth Amendment dated January 1, 2023 between the VALLEY WATER and the SANTA CLARA, individually the Party or collectively the Parties, for WATER CONSERVATION PROGRAMS (hereinafter referred to as PROGRAMS), Agreement No. A4220S. The Parties agree that this Sixth Amendment is retroactively effective on March 1, 2023 (“Sixth Amendment Effective Date”), once all Parties sign.

RECITALS
WHEREAS, SANTA CLARA desires to increase the total cost for the Landscape Rebate Program by $300,000.

NOW, THEREFORE, the parties agree to amend the Agreement as follows:

1. In the Agreement (A4220S), Section 1, h) SANTA CLARA’s RESPONSIBILITIES is amended to state as follows:
h) Make payment to VALLEY WATER within (30) days of receipt of an invoice from VALLEY WATER. When submitting an invoice, VALLEY WATER shall provide PROGRAM participation information. SANTA CLARA’s total cost to VALLEY WATER for the WaterSmart and Landscape Rebate Program shall not exceed $550,000.

2. In the Agreement (A4220S), add new Section 16 as follows:

16. EQUAL OPPORTUNITY
a. Equal Opportunity Employer
Valley Water is an equal opportunity employer and requires SANTA CLARA to have and adhere to a policy of equal opportunity and non-discrimination. In the performance of the Agreement, SANTA CLARA will comply with all applicable federal, state, local laws and regulations, and will not discriminate against any subcontractor, employee, or applicant for employment in the recruitment, hiring, employment, utilization, promotion, classification or reclassification, transfer, recruitment advertising, evaluation, treatment, demotion, layoff, termination, rates of pay or other forms of compensation, and selection for professional development training (including apprenticeship), or against any other person, on the basis of sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), race, religion, color, national origin (including language use restrictions), ancestry, religious creed (including religious dress and grooming practices), political affiliation, disability (mental and physical, including HIV or AIDS), medical condition (cancer and genetic characteristics), genetic information, marital status, parental status, gender, age (40 and over), pregnancy, military and veteran status, sexual orientation, gender identity and gender expression, the exercise of family and medical care leave, the exercise of pregnancy disability leave, or the request, exercise, or need for reasonable accommodation.

Sixth Amendment to A4220S-Agreement Between Valley Water and SANTA CLARA b. Compliance with Applicable Equal Opportunity Laws
SANTA CLARA’s policy must be in conformance with applicable state and federal guidelines including the Federal Equal Opportunity Clause, 41 Code of Federal Regulations, Part 60-1, §60-

1.4; Title VII of the Civil Rights Act of 1964 as amended; the Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973 (§503 and §504); the Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.); the California Fair Employment and Housing Act (Government Code §12900 et. seq.); and California Labor Code §1101 and §1102.
c. Investigation of Claims
SANTA CLARA must designate a specific position within its organization to be responsible for investigating allegations of non-compliance with the anti-discrimination and anti-harassment provisions of this Agreement. SANTA CLARA must conduct a fair, prompt, and thorough investigation of all allegations directed to SANTA CLARA by Valley Water. In cases where such investigation results in a finding of discrimination, harassment, or hostile work environment, SANTA CLARA must take prompt, effective action against the offender.

3. All terms and conditions of the Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and the Fifth Amendment not modified by this Sixth Amendment shall remain in full force and effect.

IN WITNESS THE EXECUTION HEREOF the parties agree that this Sixth Amendment shall be effective as of the Sixth Amendment Effective Date set forth above and have set forth below their consent to the terms and conditions of this Fifth Amendment through the signatures of their duly authorized representatives.
(SIGNATURES TO FOLLOW ON NEXT PAGE)

SANTA CLARA VALLEY WATER DISTRICT
A Special District created by the California Legislature Sixth Amendment to A4220S-Agreement Between Valley Water and SANTA CLARA

By:

Rick L. Callender, Esq.

Chief Executive Officer
Date:

CITY OF SANTA CLARA
Approved as to form:

By: By:

Glen Googins
City Attorney Office of the City Manager
City of Santa Clara

Date:

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-305 Agenda Date: 4/18/2023

REPORT TO COUNCIL

SUBJECT
Actions on Award of Contract for the Sanitary Sewer Condition Assessment Repairs - Package 1 Project (CE 20-21-03) to JMB Construction, Inc.; Adopt a Resolution Adopting a Mitigated Negative Declaration, for which an Initial Study was Prepared, and Mitigation Monitoring and Reporting Program; Adopt a CEQA Statutory Exemption; Adopt a Class 1 CEQA Categorical Exemption; and Related Budget Amendment.

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Water and Sewer Utilities Department (Water & Sewer) manages the Sanitary Sewer Condition Assessment Program using the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP) guidelines. The PACP guidelines are used to inspect the sanitary sewer system, grade defects, and prioritize repairs for approximately 270 miles of pipeline in the City’s sewer infrastructure. The defects are graded on a scale of 1 to 5 based on the significance of the defect, with 1 being minor and 5 being the most significant. The City’s current concentration under the repair program is to address defects that are rated 5 with the greatest consequence of failure.

Water & Sewer Department staff perform sewer line spot repairs at locations that require less complex repair work. Repairs that are more complex due to factors such as pipe size, pipe depth, flow, location, traffic control or an alternative type of repair method are referred to the Department of Public Works (DPW) to design and develop construction bid documents for a public works contract.

Council previously approved a design professional services agreement with Mott MacDonald Group, Inc. to prepare the bid documents for the Sanitary Sewer Condition Assessment Repairs - Package 1 Project (Project) for proposed repairs to the sewer collection system along 41 pipeline segments at various locations citywide. A map of the Project’s repair locations is included as Attachment 5. The scope of work for the Project involves replacing or rehabilitating sanitary sewer mains using various methods, including cured-in-place pipe lining rehabilitation of 11,400 linear feet of pipe ranging in diameter size from 14-inches to 42-inches, pipe reaming replacement of 770 linear feet of pipe ranging in diameter from 14-inches to 16-inches, and open cut replacement of 1,200 linear feet of pipe ranging in diameter from 14-inches to 24-inches. Ancillary work includes infiltration grouting of pipe joints, replacement and installation of manholes, reinstating affected sanitary sewer laterals, traffic control, sanitary sewer flow bypassing, and other incidentals necessary to complete the Project.

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23-305 Agenda Date: 4/18/2023

DISCUSSION
In February 2023, a competitive Request for Bids (RFB) for construction of the Project was published on the City’s bid notification system, Periscope S2G (formerly BidSync). The RFB was viewed by over 51 vendors on Periscope S2G, which included contractors, suppliers, plan rooms, builder exchanges, and more. Beyond the contractors and suppliers who viewed the RFB through Periscope S2G, additional vendors were also able to view the RFB as members of various plan rooms and builder exchanges. In addition, staff also reached out directly to distribute the RFB to contractors and vendors who have previously viewed similar projects in the past.

On March 22, 2023, the bid opening for the Project was held via video conference. One bid was received from JMB Construction, Inc. (JMB) in the total amount of $7,179,585, consisting of $5,178,003 for the Base Bid, $1,021,270 for Add Alternative A, and $980,312 for Add Alternative B.

The Bid Summary is included as Attachment 6. The bids included a Base Bid to rehabilitate 29 pipeline segments, and two Add Alternate Bids to rehabilitate an additional 12 pipeline segments.

The RFB included Add Alternates so that if bids received for the Project were higher than the available funding, then these alternate pipelines segments could be removed from the current project and deferred to a subsequent project. Based on the bid received and available funding amount, only the Base Bid is within the available funding amount and staff recommends awarding the Base Bid only.

The Base Bid submitted by JMB in the amount of $5,178,003 is within 0.06 percent of the Engineer’s Estimate for the Base Bid of $5,175,000. JMB’s bid was reviewed by DPW staff and the City Attorney’s Office for compliance with the terms and conditions of the bid documents and has been determined to be the lowest responsive and responsible bid. Staff recommends awarding the contract for the Base Bid to JMB Construction, Inc.

The award of contract will allow construction to commence in order to maintain and improve the reliability of the City’s sanitary sewer infrastructure. The contract includes prevailing wage requirements.

ENVIRONMENTAL REVIEW
In 2021, as part of the design efforts for the Project, the environmental consulting firm Redtail Consulting performed an environmental screening process to identify the appropriate level of environmental review for each of the repairs to be completed. The environmental screening evaluated the nature of the repairs proposed for each segment (i.e., the construction/repair activities anticipated) as well as factors that can elevate the level of CEQA review required or necessitate permitting from outside agencies, such as proximity to jurisdictional habitat, sensitive biological resources, known archaeological resources, and sites with documented hazardous materials contamination. Each of the repairs was evaluated as a standalone project since each repair would address a separate, specific problem with a known extent, and each repair would be worth undertaking even if other nearby repairs could not be completed. The repairs were also evaluated as groups when performed as combined or aggregate projects.

In this construction contract, the environmental screening identified a total of five repair projects (Segments 100, 231, 232, 233, and 242) where CEQA review was warranted. The remaining repair projects in this construction contract are considered exempt from CEQA. The following repair segments are considered statutorily exempt pursuant to CEQA Guidelines Section 15282(k), “Other City of Santa Clara Page 2 of 5 Printed on 4/13/2023
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23-305 Agenda Date: 4/18/2023
Statutory Exemptions,” as the activity consists of the maintenance and repair of existing pipelines within streets and other public rights-of-ways not exceeding one mile in length and limited to subsurface facilities: Segments 228, 202, 136, 122, 115, 91, 86, 85, 80, 77, 130, 112, 109, 101, 96, 95, 45, and 31. The following repair segments do not qualify for statutory exemption due to the involvement of surface facilities, but are considered categorically exempt pursuant to CEQA Guidelines Section 15301, “Existing Facilities,” as the activity consists of the repair, maintenance, or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing and no exceptions per CEQA Guidelines Section 15300.2 were triggered:

Segments 120, 132, 134, 203, 204, 205, 208, 209, 210, 211, 223, 224, 225, 226, 234, 235, 240, and 241.

For the five repairs that warranted review under CEQA (Segments 100, 231, 232, 233, and 242), an Initial Study and Proposed Mitigated Negative Declaration (“IS/MND”) was prepared by Redtail Consulting in late Fall 2022 (Attachment 1). Upon analysis in the Initial Study, it was determined that the projects would not have a significant effect on the environment if the projects followed the avoidance and minimization measures “built into” all projects, and additional mitigation measures identified through the environmental review process, both of which were incorporated into a Mitigation Monitoring and Reporting Program (MMRP) (Attachment 3). The IS/MND was made available for public review and comment for a 30-day review period from December 14, 2022 to January 13, 2023, pursuant to Section 15073 of the CEQA Guidelines. The IS/MND was also submitted to the State Clearinghouse for review and comment by state agencies, distributed to local government agencies and interested parties, provided to City Council members on December 14, 2022, and made available on the City’s website at www.santaclaraca.gov/ceqa <https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planningdivision/environmental-review-ceqa>. The notice of availability was published in the Santa Clara Weekly on December 14, 2022.

DPW received agency comments on the IS/MND from Valley Water. These were the only comments received during or after the comment period, as detailed in the Consideration of Comments memorandum (Attachment 2) which includes responses. None of the comments identified new or undisclosed significant impacts, nor did they raise any issues warranting additional analysis or mitigation.

The MND examined potential environmental impacts associated with the projects and identified air quality, biological, cultural resources, geology and soils, and hazards and hazardous materials impacts, that with incorporation of mitigation measures into the Project, would be reduced to less than significant levels. A detailed discussion of the potential impacts and mitigation measures to be applied to the project is provided in the MND. Mitigation will be implemented through the MMRP.

Staff recommends approving the identified CEQA exemptions and adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the non-exempt projects.

FISCAL IMPACT
The cost of the contract for the Base Bid is $5,178,003, plus approximately 15 percent contingency, or $776,700, for any potential change orders for a total not-to-exceed contract amount of $5,954,703.

Staff recognizes the potential unknowns and challenges of working with the existing underground infrastructure and hence recommends a 15 percent construction contingency for this Project.

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23-305 Agenda Date: 4/18/2023
Partial funding of approximately $1.77 million for the construction contract is available in the Sanitary Sewer System Improvements project in the Sewer Utility Capital Fund. The balance necessary to fully fund the remainder of the construction contract and other miscellaneous project delivery costs is $4.25 million. The FY 2022/23 and FY 2023/24 Adopted Capital Improvement Program (CIP) Budget includes $2.0 million for this project in FY 2023/24. It is recommended that this funding be advanced to the current year. With this funding advancement, staff recommends transferring $4.25 million from the Sewer Utility Fund unrestricted balance to the Sanitary Sewer System Improvements project. The FY 2023/24 advancement of funding will be reflected as a CIP amendment in the FY 2023/24 and FY 2024/25 Proposed Operating Budget.

Budget Amendment
FY 2022/23
Current Increase/
(Decrease)
Revised
Sewer Utility Fund
Transfer To
Sewer Utility Capital Fund $35,844,913 $4,245,609 $40,090,522 Fund Balance
Unrestricted Fund Balance $8,274,089 ($4,245,609) $4,028,480 Sewer Utility Capital Fund
Transfer From
Sewer Utility Fund $35,844,913 $4,245,609 $40,090,522
Expenditure
Sanitary Sewer System Improvements
Project
$1,766,716 $4,245,609 $6,012,325

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

RECOMMENDATION

1. Adopt a resolution Adopting the Mitigated Negative Declaration, for which an Initial Study was Prepared and Mitigation, Monitoring and Reporting Program or the Sanitary Sewer Condition Assessment Repairs - Package 1 Project for repair segments 100, 231, 232, 233, and 242;

2. Adopt a Statutory Exemption under CEQA Guidelines Section 15282 for repair segments 228, 202, City of Santa Clara Page 4 of 5 Printed on 4/13/2023
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23-305 Agenda Date: 4/18/2023
136, 122, 115, 91, 86, 85, 80, 77, 130, 112, 109, 101, 96, 95, 45, and 31;

3. Adopt a Class 1 Categorical Exemption under CEQA Guidelines Section 15301 for repair segments 120, 132, 134, 203, 204, 205, 208, 209, 210, 211, 223, 224, 225, 226, 234, 235, 240, and 241;

4. Authorize the Director of Public Works or designee, to file a Notice of Determination and a Notice of Exemption with the County Clerk-Recorder and the State Clearinghouse;

5. Award the Public Works Contract for the Sanitary Sewer Condition Assessment Repairs - Package 1 Project (CE 20-21-03) for the Base Bid, to the lowest responsive and responsible bidder, JMB Construction, Inc., in the amount of $5,178,003 and authorize the City Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project on forms approved by the City Attorney;

6. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $776,700, for a total project budget not to exceed amount of $5,954,703; and

7. Approve the following FY 2022/23 budget amendments:

A. In the Sewer Utility Fund, increase the transfer to the Sewer Utility Capital Fund by $4,245,609 and reduce the unrestricted fund balance by $4,245,609 (five affirmative Council votes required for the use of unused balances ); and B. In the Sewer Utility Capital Fund, increase the transfer from the Sewer Utility Fund by $4,245,609 and increase the Sanitary Sewer System Improvements project by $4,245,609 ( five affirmative Council votes required to appropriate additional revenue ).

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager

ATTACHMENTS

1. Mitigated Negative Declaration (MND)

2. Consideration of Comments received on the Mitigated Negative Declaration

3. Mitigation Monitoring and Reporting Program (MMRP)

4. Resolution Recommending Council Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program

5. Project Location Map

6. Bid Summary
City of Santa Clara Page 5 of 5 Printed on 4/13/2023
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California Environmental Quality Act (CEQA)
Mitigated Negative Declaration
Redtail Consulting
Environment & Community MND-1
Project Title & Contact Information
Project title: Sanitary Sewer Condition Assessment Repairs – Package 1 Lead agency name and address: City of Santa Clara
Public Works Department
1500 Warburton Avenue
Santa Clara, CA 95050
Project proponent name and address: Same as above
Contact person and phone number: Vincent Luchessi, PE
Senior Civil Engineer
408.615.3012
Project Location & Description
The attached Initial Study analyzes the environmental effects of five projects under the current phase of the City’s annual sanitary sewer repairs program, as follows:
x Segment 100, located in Mathew Street west of De La Cruz Boulevard: remove 166 linear feet (lf) of existing 18-inch-diameter VCP sewer line and replace it with 18-inch-diameter polyvinyl chloride (PVC) sewer line; remove and replace sanitary sewer manhole (SSMH) 57-35 at west terminus of Segment
x Segment 231, located in a utility easement that crosses Lafayette Street just south of Highway 237:
install 278 lf of cured-in-place-pipe (CIPP) lining in existing 42-inch-diameter reinforced concrete pipe (RCP) sewer line; replace cones of SSMH 114-14 and SSMH 114-23 at termini of Segment x Segments 232 and 233, located within Lafayette Street immediately to the south of Segment 231: at Segment 232, install 437 lf of CIPP lining in existing 42-inch-diameter RCP sewer line, replace cone of SSMH 104-9 at south terminus of Segment; at Segment 233, install 491 lf of CIPP lining in existing 42-inch-diameter RCP sewer line; replace cone of SSMH 104-15 at south terminus of Segment
x Segment 242, located within Lafayette Street north of Tasman Drive: install 430 lf of CIPP lining in existing 42-inch-diameter RCP sewer line; replace cones of SSMH 104-17 and SSMH 104-22 at termini of Segment
Figures 1 and 2 show the locations of the projects.
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The City has committed to the following Avoidance and Minimization Measures (AMMs) to reduce the environmental effects of the repairs. Incorporation of these AMMs was considered in evaluating the projects’ environmental impacts.

Dust Control
To reduce dust generation, the following measures will be required during excavation and ground disturbance. These measures reflect the requirements of the Bay Area Air Quality Management District’s (BAAQMD’s) Best Management Practices (BMPs) for fugitive dust control (Bay Area Air Quality Management District 2017). x All exposed surfaces (potentially including contractor parking areas, staging areas, areas subject to excavation or other ground disturbance, and unpaved access roads/routes) and soil stockpiles will be watered 2 times per day x All haul trucks transporting soil, sand, or other loose material offsite will be covered x All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. Use of dry power sweeping will be prohibited
x All vehicle speeds in unpaved areas will be limited to 15 miles per hour x If pavement is removed, it will be replaced as soon as possible. x Vegetated areas disturbed during construction will be replanted/reseeded as soon as possible
x Project signage will include the name and telephone number of City staff to contact regarding dust complaints. City staff will respond and take corrective action within 48 hours. Project signage will also include the BAAQMD’s phone number to ensure compliance with applicable regulations
Emissions Control
x Idling times will be minimized, either by shutting equipment off when not in use or by reducing the maximum idling time to 5 minutes. Clear notification will be provided to all equipment operators regarding limitation on idling times x All construction equipment will be maintained and properly tuned in accordance with manufacturer specifications. All equipment will be checked by a certified mechanic and determined to be running in proper condition prior to operation Reference Cited
Bay Area Air Quality Management District. 2017. California Environmental Quality Act Air Quality Guidelines. (May.) Available: http://www.baaqmd.gov/~/media/files/planningand-research/ ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en. Downloaded: December 2017.

Sanitary Sewer Condition Assessment Repairs – Package 1 Mitigated Negative Declaration City of Santa Clara March 2023
Redtail Consulting
Environment & Community MND-3
Mitigation
Measures:

Based on analysis in the attached Initial Study, the proposed repair projects will incorporate the following mitigation measures to avoid, reduce, or compensate for potentially significant environmental impacts.

Air Quality
Mitigation Measure AIR-1. Toxic Air Contaminant and Odor Control If feasible, the City will avoid the use of styrene resins for CIPP lining.

Notification will include the following information.
- Anticipated work dates
- An overview of the repair process, including the substances proposed for use
- Instructions to leave the premises, move farther away from the work area if possible, and contact the Santa Clara Fire Department if vapors or odors have entered the building, along with the appropriate Fire Department contact information
- An advisory to seek medical attention promptly if exposure is suspected - A request to report any odor or health concerns to the City - The name, phone number, and email address of the City staff member who will be responsible for answering questions and receiving and responding to reports of odors or health concerns
Additionally, to enable further assessment of potential concerns, the City will document any calls received regarding odors or health symptoms, and if health symptoms are reported will conduct indoor air monitoring following a standard protocol appropriate to the type of resin and curing method(s) being used. Results of monitoring will be documented in City files for consideration in planning future projects. If monitoring indicates levels of any CIPP-related I!
Mitigated Negative Declaration Sanitary Sewer Condition Assessment Repairs – Package 1 March 2023 City of Santa Clara
MND-4 Redtail Consulting
Environment & Community
emissions of any toxic air contaminant above applicable health thresholds, the City will take appropriate action to reduce the potential for exposure.

Biological Resources
Mitigation Measure BIO-1. Protection of Nesting Birds (General), All Segments If feasible, all project-related activity within 300 feet of the proposed repair Segments will be scheduled between September 1 and January 31, outside the February 1 – August 31 nesting period.

No entry into the no-activity buffer will be permitted. The no-activity buffer will be delineated in the field by or under the supervision of the biologist, using temporary construction fencing or another suitable low-impact medium. The width of the buffer will be determined by the biologist, based on the species involved, the amount of vegetative and other screening between the nest and areas where construction activity will take place, and, if appropriate, other site-specific factors. If special-status species are involved, the biologist will consult with the appropriate resource agency(ies) (California Department of Fish and Wildlife and/or U.S.

Fish and Wildlife Service) in determining the width of the buffer.

Mitigation Measure BIO-2. Protection of Nesting Burrowing Owl, Segments 231 and 232
If repair work at Segment 231 or Segment 232 occurs during the Western Burrowing Owl nesting season (February 1 – August 31), the City will retain a qualified biologist to conduct preconstruction surveys covering all areas of suitable habitat within 250 feet of the Segment.

The survey will last a minimum of 3 hours, and will either begin 1 hour before sunrise and continue until 2 hours after sunrise or begin 2 hours before sunset and continue until 1 hour after sunset. If no owls are detected during a first survey, a second survey will be conducted.

If owls are detected during the first survey, a second survey is not needed. All owls observed will be counted and their locations will be mapped.

If evidence of nesting Western Burrowing Owls is found, a 250-foot-wide no-disturbance buffer zone will be established around each occupied nest and will be delineated in the field by the biologist, using a suitable low-impact medium. Construction may proceed outside the no-disturbance buffer zones.

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Cultural Resources
Mitigation Measure CUL-1. Notice of Potential for Buried Cultural Resources in Construction Documents
The potential to encounter buried cultural resources, including Native American burials, will be noted in the project construction documents.

Mitigation Measure CUL-2. Retention of On-Call Archaeologist Prior to construction, the City will retain a qualified professional archaeologist (City’s Archaeologist) with experience in northern and central California archaeology on an on-call basis for the duration of all ground-disturbing activities. The City’s Archaeologist will be responsible for reviewing, identifying, and evaluating cultural resources (if any) exposed during construction, for determining whether they qualify as unique archaeological resource(s) under CEQA, and, if needed, recommending and implementing appropriate follow-up treatment.

Mitigation Measure CUL-3. Worker Awareness Training for Archaeological Resources Prior to groundbreaking at each of the Segments, the City’s Archaeologist (defined in Mitigation Measure CUL-2) will develop and present in-person, hands-on worker awareness training for archaeological resources. Training will include information on the possibility of encountering resources during construction; the types of resources that may be seen and how to recognize them; and proper procedures in the event resources are encountered. All field management and supervisory personnel and construction workers involved with grounddisturbing activities will be required to take this training prior to beginning work on the project.

Upon completion of the training, workers will be required to sign a form stating that they attended the training, understand, and will comply with the information presented.

Mitigation Measure CUL-4. Evaluation and Treatment of Unanticipated Archaeological Discoveries
If known or suspected archaeological resources are discovered during construction, work in the immediate area of the find will cease and the contractor will be required to notify the City before the end of the work day. The find will be protected in place until the City’s Archaeologist has evaluated it and identified appropriate follow-up measures, if any. If the City’s Archaeologist determines that the resource qualifies as a unique archaeological resource under CEQA, they will notify the City and other appropriate parties and recommend follow-up measures to reduce impacts, in accordance with Section 15064.5 of the CEQA Guidelines. Depending on the nature of the find, follow-up measures may include avoidance, preservation in place, recordation, monitoring during ongoing work, additional archaeological testing, and data recovery, among other options. The City’s Archaeologist may recommend completion of a formal Archaeological Monitoring Plan (AMP) and/or Archaeological Treatment Plan (ATP), potentially including data recovery, if significant archaeological deposits are exposed during ground-disturbing activities. The City will be responsible for proper implementation of the AMP and ATP. If archaeological evaluation, monitoring, or treatment is required, the City’s Archaeologist will prepare and file a Monitoring Closure Report with the City, documenting the nature of the find(s), evaluation methods, and outcomes.

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Mitigation Measure CUL-5. Procedures for Discovery of Human Remains The treatment of human remains and funerary objects discovered during any project related ground-disturbing activity will comply with all applicable state laws. If known or potential human remains are encountered during project-related activities, work within 50 feet of the discovery and in any nearby areas reasonably suspected to overlie adjacent remains will cease, the find will be protected in place, and the contractor will be required to notify the City before the end of the work day. The City will promptly notify the Santa Clara County Coroner, who will be responsible for determining whether the remains are Native American. If the Coroner determines that the remains are Native American and are not subject to their authority, they will notify the Native American Heritage Commission, which is responsible for identifying and notifying descendant(s) of the deceased so they can make recommendations regarding the treatment of the remains. The City will be responsible for facilitating the disposition of remains recommended by the Most Likely Descendant(s). If no satisfactory agreement can be reached as to the disposition of the remains pursuant to state law, the City will respectfully reinter the human remains and items associated with the burial on City property in a location not subject to further subsurface disturbance. A final report detailing the find, follow-up activities, and disposition of remains will be prepared by the City’s Archaeologist or other qualified staff, and will be submitted to the City’s Director of Community Development promptly following disposition of the remains. The report will be subject to review and approval by the City’s Director of Community Development.

Geology & Soils
Mitigation Measure GEO-1. Worker Awareness Training for Paleontological Resources Prior to groundbreaking, the City will retain qualified staff to develop and present in-person, hands-on worker awareness training for paleontological resources. As used here, qualified staff refers to an individual who satisfies one or both of the following criteria. x A Principal Paleontologist as defined by the Society of Vertebrate Paleontology (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010), who is experienced in delivering training to nonspecialists x A California-licensed professional geologist (PG) who has expertise in South San Francisco Bay Area stratigraphy and paleontology and is experienced in delivering training to nonspecialists
Training will be concise and substantive. It will include information on the possibility of encountering fossils during construction; the types of fossils that may be seen and how to recognize them; and proper procedures in the event fossils are encountered. All field management and supervisory personnel and construction workers involved with grounddisturbing activities will be required to take this training prior to beginning work on the project.

Upon completion of the training, workers will be required to sign a form stating that they attended the training, understand, and will comply with the information presented.

Mitigation Measure GEO-2. Stop-Work, Evaluation, and Treatment in the Event of a Paleontological Find
If vertebrate remains or other potentially significant fossil resources are discovered during project-related activities, all work in the immediate vicinity of the discovery will cease, the find Sanitary Sewer Condition Assessment Repairs – Package 1 Mitigated Negative Declaration City of Santa Clara March 2023
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will be protected in place, and the contractor will be required to notify the City before the end of the work day. The City will detail qualified staff—i.e., staff meeting the criteria for a Qualified Professional Paleontologist as defined by the Society of Vertebrate Paleontology (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010)—to evaluate the find and recommend appropriate follow-up treatment. Work may continue on other parts of the alignment while evaluation (and, if needed, treatment) takes place, as long as the find can be adequately protected in the judgment of the qualified staff.

The City will be responsible for ensuring that the recommendations of the qualified staff regarding treatment and reporting are implemented.

Hazards & Hazardous Materials
Mitigation Measure HAZ-1. Contaminated Groundwater, Soil, and Soil Vapor Protection The contractor will be required to prepare and submit a Health and Safety Plan (HASP) for worker and public safety during all phases of sewer and manhole repair work. The HASP will be tailored to the contaminants potentially present, the media potentially affected/involved (soil, groundwater, soil vapor), and the activities planned. The HASP will be subject to review and approval by a Certified Industrial Hygienist and the City, and at a minimum will include the following requirements.
x Contractor staff will be required to wear appropriate Personal Protective Equipment (PPEs) and the contractor will be required to employ Best Management Practices (BMPs) to minimize and monitor human exposure to potential contaminants, consistent with applicable federal and state requirements, including Title 29 of the Code of Federal Regulations and California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) guidelines (California Code of Regulations, Title 8). Construction BMPs described in the HASP will include, but will not necessarily be limited to, the following
x Public access to the active work site will be prohibited using appropriate safety barriers and signage
x If contaminated soil, groundwater, or other materials encountered during construction activities qualify as hazardous waste (per California Code of Regulations, Title 22), all contractor employees (and subcontractors, if any) handling the hazardous waste will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training
x If dewatering is required, groundwater removed from excavations will be stored in a settling tank and tested onsite for contamination prior to discharge in accordance with applicable permit requirements. If contaminant levels are detected in excess of the applicable discharge limits per the contractor’s discharge permit, the groundwater will either be treated onsite using appropriate technology (e.g., sediment filter, activated carbon filter, or other appropriate alternative methods) prior to discharge to the sanitary sewer, or will be removed from the site for appropriate offsite disposal. Groundwater treatment and offsite disposal options will be described in the HASP
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x Contractor will stockpile excavated materials prior to onsite reuse as backfill or offsite disposal at an appropriately permitted landfill. Contractor will water/mist soil as it is being excavated. Stockpiled soil will be placed in areas shielded to the extent feasible from prevailing winds and will be covered with plastic sheeting to prevent fugitive dust and vapor emissions and to shield the stockpile from potential rain.

Stockpiles will be placed away from drainage courses, gutters, and stormdrain inlets to prevent contact with stormwater runoff. Public access to the stockpile area(s) will be prohibited using appropriate barriers and signage. Soil exhibiting signs of potential contamination (such as staining, odors, or the presence of debris) will be placed in a separate stockpile
x Soil that does not exhibit signs of potential contamination may be reused as backfill in the excavation from which it was removed
x Excavated materials that exhibit signs of potential contamination, and excavated materials that are planned for offsite disposal at a landfill (if any), will be tested for contaminants in accordance with the receiving landfill’s requirements and the U.S.

Environmental Protection Agency’s (EPA’s) SW-846 guidelines (available:
https://www.epa.gov/hw-sw846)
x If testing of excavated materials indicates any contaminant levels in excess of hazadous waste thresholds (per California Code of Regulations, Title 22), excavated materials will be handled and disposed of by a licensed hazardous waste disposal contractor and transported by a licensed hazardous waste hauler to an appropriately licensed and permitted disposal facility, in accordance with local, state, and federal requirements. Contractor will water/mist soil as it is being loaded onto haul trucks to prevent fugitive dust generation, and haul trucks will be covered and the truck wheels and body brushed clean to control trackout, fugitive dust, and vapor emissions during transport
x If import fill materials (e.g., soil, sand, aggregate base) are used, they will be sourced and tested in accordance with guidance from the California Department of Toxic Substances Control’s Information Advisory Clean Imported Fill Material (available: https://dtsc.ca.gov/information-advisory-clean-imported-fill-material-factsheet/). Fill material testing results will be provided to the City for review and approval prior to importing the fill materials to the project site. No fill material will be imported for use at any of the repair Segments if it contains any contaminant at a level exceeding hazardous waste thresholds (per California Code of Regulations, Title 22) or the applicable Regional Water Quality Control Board (RWQCB) Environmental Screening Level (ESL) for commercial/industrial land use, with the exception of arsenic for which the naturally ocurring background level of 11 milligrams per kilogram (mg/kg) (per Duvergé 2011) will apply as a limiting threshold x The contractor will monitor ambient air in the trench and around the perimeter of the active work area for fugitive vapor emissions, including volatile organic compounds (VOCs), methane, and other sewer/landfill gases, using appropriate field screening instrumentation. If any contaminant level in excess of applicable Cal/OSHA Permissible Exposure Levels is detected, worker PPEs will be required to include inhalation protection meeting Cal/OSHA standards, and/or work will be suspended Sanitary Sewer Condition Assessment Repairs – Package 1 Mitigated Negative Declaration City of Santa Clara March 2023
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until airborne concentrations decrease below the action threshold, as verified by ambient air monitoring. If air monitoring indicates the presence of flammable vapors in excess of their lower explosive limits (LELs) or other hazardous atmosphere conditions (e.g., oxygen-deficient atmosphere) work will be suspended until the hazardous atmosphere conditions have been mitigated as verified by air monitoring.

Vapor control measures (e.g., spraying water or vapor supressants, covering exposed soil with plastic sheeting, and ventilation of excavations and manholes) will be performed as necessary based on air monitoring results, to maintain vapor concentrations below PELs and LELs and ensure that safe oxygen levels (20.8% 21%) are present in the trench and surrounding work area The project Contract Documents will stipulate contractor responsibilities in implementing these requirements.

References Cited
Duvergé, D. 2011. Establishing Background Arsenic in Soil of the Urbanized San Francisco Bay Region, December. Available:
https://www.waterboards.ca.gov/sanfranciscobay/water_issues/ available_documents/2011_Arsenic_Background_Duverge.pdf. Accessed: May – June 2022.

National Association of Sewer Service Companies. 2020. Guideline for the Safe Use and Handling of Styrene-Based Resins in Cured-in-Place Pipe. (October.) Available:
https://www.nassco.org/wp-content/uploads/2021/02/Safe-Handling-and-Use-ofStyrene_Specification-Guideline-_-2020-2.pdf. Downloaded: October 2022.

Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee. 2010.

Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources. Available: http://vertpaleo.org/Membership/MemberResources/SVP_Impact_Mitigation_Guidelines.aspx. Downloaded: July 2018.

Determination
In accordance with local procedures for compliance with the California Environmental Quality Act (CEQA), the Public Works Department has completed the attached Initial Study to evaluate the potential for the proposed sanitary sewer repairs to result in significant adverse effect(s) on the environment, and on the basis of analysis in the Initial Study recommends the following determination. x Although the projects have the potential to result in significant effects on the environment, there would not be a significant effect in this case because revisions in the project (in the form of mitigation measures) have been agreed to by the City as project proponent x A Mitigated Negative Declaration should be prepared
x An Environmental Impact Report (EIR) is not required
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Findings
Based on the analysis and findings presented in the project Initial Study (attached), implementation of the proposed sanitary sewer repairs will not have a significant effect on the environment, for the following reasons. x As discussed in Section 3 of the Initial Study, with the identified Avoidance and Minimization Measures and mitigation measures incorporated, potential short- and long-term environmental impacts would be avoided or reduced to Less than Significant levels
x The proposed repair projects would not substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory
x The proposed repair projects would not make Cumulatively Considerable contributions to existing Significant cumulative impacts, nor would they individually or collectively create new Significant cumulative impacts over time. Thus, they would not have impacts that are individually limited, but Cumulatively Considerable
x The proposed repair projects would not result in environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly This determination reflects the independent judgment of the City.

Vincent Luchessi, PE
Senior Civil Engineer
Date
City of
Santa Clara The Conic, of Whot's Posslblo
Sanitary Sewer Condition Assessment Repairs - Package 1 Initial Study & Proposed Mitigated Negative Declaration Consideration of Comments
CEQA Requirements
One of the primary purposes of the California Environmental Quality Act (CEQA) is enabling the public and other interested agencies to review and comment on projects proposed or approved by public agencies. To that end, following circulation of a CEQA document for public comment, the CEQA statute and the state's CEQA Guidelines require the lead agency (i.e., the agency approving and/or carrying out the project; in this case the City of Santa Clara) to consider the comments received prior to approving the project (California Public Resources Code 21091[d][1], 20191[~; CEQA Guidelines 15074).

Lead agencies must respond formally to comments on an Environmental Impact Report (EIR) (California Public Resources Code 21091 [d][2], CEQA Guidelines 15088). If the circulated document is an Initial Study (IS) and the lead agency intends to adopt a Negative Declaration (ND) or a Mitigated Negative Declaration (MND), there is no "affirmative duty" for the lead agency to prepare formal responses to comments (e.g., Bass et al. 1999).

However, the lead agency must "consider" the proposed ND or MND "together with any comments received during the public review process" and may adopt the ND or MND (and approve the project) only if it finds on the basis of the whole of the record before it-including the IS and any comments received-that there is no substantial evidence the project would have a significant effect on the environment (CEQA Guidelines 1507 4[b]). If, again based on the whole of the record, a fair argument1 can be made that the project would have a significant impact on the environment, more extensive analysis is required, in the form of an EIR (CEQA Guidelines 15964[a][1 ].

Background
In December 2022 - January 2023, the City of Santa Clara (City) Public Works Department circulated an IS (State Clearinghouse# 2022120288, https://ceqanet.opr.ca.gov/2022120288) analyzing the environmental effects of five projects proposed to repair high-priority defects identified through the City's routine program of sanitary sewer system condition assessments.2 The repairs included the following. • At repair Segment 100, in Mathew Street west of De La Cruz Boulevard: removing 166 linear feet (LF) of existing 18-inch-diameter VCP sewer line and replacing it with 18-inch-diameter polyvinyl chloride 1 The "fair argument standard" is laid out in CEQA Guidelines 15384, which emphasizes the need for "substantial information," defined as "facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts." 2 The remainder of the Package 1 repairs were found to qualify for one or more CEQA exemptions; the IS/MND addressed only the repairs found not to qualify (see Redtail Consulting 2021 a, 2021 b; Abbe pers. comm.; City of Santa Clara 2022). ~ Redtail Consulting ,. Environment & Community
1 IS & Proposed MND Consideration of Comments City of Santa Clara Sanitary Sewer Condition Assessment Repairs - Package 1 March 2023 (PVC) sewer line; removing and replace sanitary sewer manhole (SSMH) 57-35 at west terminus of Segment
• At repair Segment 231, crossing Lafayette Street southwest of the City's Eastside Retention Basin:
installing 278 LF of cured-in-place-pipe (CIPP) lining in existing 42-inch-diameter reinforced concrete pipe (RCP) sewer line; replacing cones of SSMH 114-14 and SSMH 114-23 at termini of Segment • At repair Segment 232, in Lafayette Street, extending south from west terminus of Segment 231:
installing 437 LF of CIPP lining in existing 42-inch-diameter RCP sewer line; replacing cone of SSMH 104-9 at south terminus of Segment
• At repair Segment 233, in Lafayette Street immediately south of Segment 232: installing 491 LF of CIPP lining in existing 42-inch-diameter RCP sewer line; replacing cone of SSMH 104-15 at south terminus of Segment
• At Segment 242, Lafayette Street between Calle del Mundo and the PAL BMX track facility: installing 430 LF of CIPP lining in existing 42-inch-diameter RCP sewer line; replacing cones of SSMH 104-17 and SSMH 104-22 at termini of Segment
The IS/MND circulation period began on December 14, 2022 and concluded on January 13, 2023.

Based on analysis in the IS, and having considered the comments received during circulation of the IS, the City now proposes to adopt an MND. The MND reflects the City's finding that with incorporation of the Avoidance and Minimization Measures included in the projects ( discussed in Section 2 of the IS) and the mitigation measures identified in the IS analysis, the projects would not result in any Significant adverse effects on the environment. The Proposed MND was also circulated for public review, as an Appendix to the IS.

Consideration of Comments
The IS and the Notice of Intent published by the City as required by CEQA Guidelines Section 15072 provided both postal and email addresses where comments could be sent. Only one comment communication-from Valley Water, transmitted via email-was received during the IS circulation period, and as of February 9, 2023 no late comments have been received.

Table 1 itemizes the comments in Valley Water's email and considers each comment in detail. The original comment email is presented in Appendix A; individual comments are numbered and keyed to discussion in Table 1. Valley Water's comments included one that addressed IS content, and two that were informational in nature.

Comment on IS Content: Potential for Pollutant Releases Due to Flooding Valley Water's primary comment (Comment 1-1 in Appendix A) was that analysis of Potential for Release of Pollutants Due to Flood, Tsunami, or Seiche Inundation beginning on IS page 3-66 omits discussion of flood inundation. This is correct, and that analysis is provided in detail in Table 1 and summarized below.

As Table 1 discusses in more detail, all of the proposed repair Segments are located within flood hazard zones.

Segment 100 is entirely within Flood Zone X (Area with Reduced Flood Risk Due to Levee) (shaded), which is considered a moderate flood hazard area since it lies outside the 100-year flood inundation area but within the 500-year flood limit (Federal Emergency Management Agency 2020). Zones AO and AH are within the 100-year 2 Redtail Consulting E
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Comment # Comment Discussion
1: Email from Matt Sasaki, Assistant Engineer II, Valley Water (01/13/2023) 1-1 The discussion on Potential for Releases of Pollutants Due to Flood, Tsunami, or Seiche Inundation on page 3-66 discusses the potential release of pollutants due to tsunami, mudflows, and seiche. There is not [sic] discussion of releases due to floods. Please update the discussion to address release of pollutants due to floods. According to the Federal Emergency Management Agency (FEMA) Flood Insurance Map (FIRM) Panel 060085C0227H, Segment 100 is located in Zone X, an area with a reduced flood risk due to a levee. According to FEMA FIRM Panel 06085C0061 H, portions of segments 231, 232, 233, and 242 are in Zone X ( an area with reduced flood risk due to a levee), Zone AH (a special flood hazard area with a flood depth of 5 feet), and Zone AO (a special flood hazard area with a flood depth of 1 foot).

The commenter is correct. In more detail, FEMA's online National Flood Hazard Layer (NFHL) Viewer (Federal Emergency Management Agency n.d.) shows the following.
• Segment 100 is located entirely within Flood Zone X (Area with Reduced Flood Risk Due to Levee) (shaded)
• The east terminus of Segment 231 is located in an area of Zone AH (EL 6) around the City's Eastside Retention Basin; to the west, it crosses an area in Zone X along Lafayette Street and a narrow area of Zone AO (DEPTH 1), terminating within Zone AH (EL 6)
• The north portion of Segment 232 is within Zone AH (EL 6); the remainder of the Segment, where it enters the Lafayette Street corridor, is within Zone Zone AO (DEPTH 1)
• Segments 233 and 242 are entirely within an area of Zone AO (DEPTH 1) along the Lafayette Street corridor
Zones AO and AH are within what FEMA refers to as the Special Flood Hazard Area-that is, the area inundated by the flood event that has a 1 % chance of being equaled or exceeded in a given year, sometimes referred to as the 100-year flood.

Zone X (shaded) is considered a moderate flood hazard area since it lies outside the Special Flood Hazard Area but is within the inundation limits of the flood event that has an 0.2% chance of occurring in any given year (the 500-year flood) (Federal Emergency Management Agency 2020). Consequently, all 5 repair Segments are considered to be at some, albeit very low, risk of flooding.

Construction Period
During construction, the risk of pollutant releases as a result of flooding relates to:
(1) the potential for substances routinely used during construction-such as fuels, lubricants, and paving and striping media-to be spilled, entrained, and remobilized by floodwaters; and
(2) particularly at Segment 100, where a known contaminant plume extends into the roadway and could be encountered during trench excavation (City of Santa Clara 2022), the potential for remobilization of contaminants present in soil and/or groundwater due to flood erosion of the exposed substrate Comment # Comment Discussion
However, the potential for flooding to occur during construction at any of the Segments is considered very low, based on FEMA flood hazard mapping and the fact that construction at each Segment would be of short duration, as follows (see City of Santa Clara 2022, Table 2-4).
• Segment 100: 10 days maximum
• Segments 231 - 233: 10 days maximum for all three Segments • Segment 242: 4 days maximum
Moreover, construction would likely be scheduled during the dry months of the year when protracted heavy rainfall and flooding are least likely.

In addition, although contractors are generally required to make every effort to continue work in inclement weather to avoid project delays, the City's Standard Specifications (Section 15.2 F - G) allow rainfall in excess of 0.1 inch per day as a cause of construction delays and schedule extensions, subject to certain limitations. This would reduce the impetus to continue work when flooding is likely-for instance in prolonged storm sequences such as those of early 2023.

In view of all these factors, the potential for pollutant releases due to flood inundation during construction is evaluated as Less than Significant. No mitigation is required, and no further analysis is warranted at the project-specific level.

A Significant cumulative impact with regard to the potential for pollutant releases during flooding could be argued to exist throughout the City-and the Santa Clara Valley in general-as a result of pervasive urbanization. However, the same factors that reduce the localized, project-specific potential for impacts to a Less than Significant level would also reduce potential construction-related contributions to any such cumulative impact to a Less than Cumulatively Considerable level. No mitigation is required, and no further analysis is warranted at the cumulative level.

Long Term
None of the proposed repairs would add new above-grade facilities, and over the long term, as discussed on IS page 3-67 for seiche hazards, they would substantially improve the integrity of existing sewer infrastructure. Consequently, there would be No Impact with regard to increased potential for pollutant releases Comment # Comment Discussion
1-2
1-3
Valley Water does not have any right of way or facilities at the project sites; therefore in accordance with Valley Water's Water Resources Protection I Ordinance, a Valley Water encroachment permit is not required for the proposed I improvements.

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We appreciate the opportunity to review and comment on the Initial Study and Proposed MND for the Sanitary Sewer Condition Assessment Repairs - Package 1 Project. If you have any questions, please contact Matt Sasaki at (408) 630-3776 or [email protected]. Please reference File# 33804 on future I correspondence regarding this project.
due to flood inundation over the long term. If anything, by improving sewer pipeline and manhole integrity, the proposed repairs would decrease the likelihood of damage resulting in sewage releases under flood conditions. This would represent a Beneficial Impact. The reduced need for future maintenance (with associated potential for pollutant releases during flooding) would also represent a Benefit. No mitigation is required, and no further analysis is warranted at the project-specific level.

The same factors would apply at the cumulative level. Overall, the increase in sewer and manhole integrity would reduce the potential for flooding-related sewage releases, and the decreased need for future maintenance would similarly reduce the potential for flooding-related pollutant releases during future repairs.

Contributions to any cumulative impact related to release of pollutants due to flooding is accordingly evaluated as Less than Cumulatively Considerable, with a Benefit anticipated. No mitigation is required, and no further analysis is warranted at the cumulative level.

Comment noted. This comment does not bear on the content or adequacy of the IS. Please note that permits and approvals required to implement the proposed I projects are discussed on page 1-4 of the IS, which identifies that all five projects are outside Valley Water's rights-of-way. No further discussion or analysis is I warranted.

Comment noted. This comment does not bear on the content or adequacy of the IS. No further analysis is warranted.

City of Santa Clara
March 2023
IS & Proposed MND Consideration of Comments
Sanitary Sewer Condition Assessment Repairs - Package 1 flood inundation area. As a result, all of the repair Segments are considered to be subject to some degree of flood hazard, although the risk is statistically quite low.

Project-Specific Impacts
As noted above, the risk of flooding at the repair Segments is low. The likelihood of inundation during construction is even lower, since construction at each Segment would be quite short-term (less than 10 days maximum at Segment 100, and substantially shorter at each of the other Segments), and construction would likely be scheduled during the dry months of the year, when protracted heavy rainfall and flooding are least likely. Additionally, although contractors are required to make every effort to continue work in inclement weather to avoid project delays, the City's Standard Specifications (Section 15.2 F - G) allow rainfall in excess of 0.1 inch per day as a cause schedule extensions, subject to certain limitations. This would reduce the impetus to continue work when flooding is likely-for instance in prolonged storm sequences such as those of early 2023.

The Standard Specifications also require contractors to provide for site drainage and protect the work area from erosion (Section 1.11 ), and to provide "methods, means, and facilities ... to prevent contamination of soil [and] water'' by construction-related pollutants (Section 1.12). In view of all these factors, the potential for pollutant releases due to flood inundation during construction is evaluated as Less than Significant. No mitigation is required, and no further analysis is warranted at the project-specific level.

Over the long term, none of the proposed repairs would add new above-grade facilities, and all would substantially improve the integrity of existing sewer infrastructure. Consequently, over the long term there would be No Impact with regard to increased potential for pollutant releases due to flood inundation. Rather, by improving sewer integrity, the proposed repairs would decrease the likelihood of damage resulting in sewage releases as a result of flooding, representing a Beneficial Impact. No mitigation is required, and no further analysis is warranted as a result of this comment.

Cumulative Impacts
As Table 1 notes, a Significant cumulative impact with regard to the potential for pollutant releases due to flooding could be argued to exist throughout the City and the Santa Clara Valley in general. During construction the same factors that reduce the localized, project-specific potential for impacts to a Less than Significant level would also reduce potential construction-related contributions to the cumulative risk to a Less than Cumulatively Considerable level. Over the long term, increased sewer and manhole integrity would reduce the potential for flooding-related sewage releases, and the decreased need for future maintenance would similarly reduce the potential for flooding-related pollutant releases during future repairs. Long-term contributions to any cumulative impact related to release of pollutants due to flooding are therefore also evaluated as Less than Cumulatively Considerable, with a Benefit anticipated. No mitigation is required, and no further analysis is warranted at the cumulative level.

Informational Comments
Valley Water also commented (Comment 1-2 in Appendix A) that it has no facilities or right-of-way at the proposed work sites and that the projects would therefore not require Valley Water encroachment permitting.

Permits and approvals required to implement the proposed projects are discussed on page 1-4 of the IS, which identifies that all five projects are outside Valley Water's rights-of-way. Valley Water's last comment (Comment 1-3 in Appendix A) provided contact information for follow-up questions. These informational comments are helpful, and because neither directly addresses the adequacy of the IS, they do not warrant further discussion or analysis.
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Sanitary Sewer Condition Assessment Repairs - Package 1 Conclusion
City of Santa Clara
March 2023
In view of the considerations summarized above and presented in more detail in Table 1, Valley Water's comments do not present information rising to the level of fair argument that an undisclosed Significant impact would occur. No further analysis is warranted at either the project-specific or the cumulative level as a result of any of these comments.

References Cited
Abbe, A. (City of Santa Clara, City Attorney's Office). Pers. comm. Email to Falguni Amin and Vincent Luchessi (City of Santa Clara, Department of Public Works). February 17, 2022. On file with Redtail Consulting.

Bass, R.E, Herson, A.I., and Bodgan, K.M., 1999, CEQA Deskbook: a Step-by-Step Guide on How to Comply with the California Environmental Quality Act (2nd edition): Solano Press Books, Point Arena, CA.

City of Santa Clara. 2022. Sanitary Sewer Condition Assessment Repairs - Package 1 Initial Study and Proposed Mitigated Negative Declaration. (December.) Santa Clara, CA. Prepared for the City of Santa Clara Public Works Department by Redtail Consulting, Fremont, CA. Available:
https://ceqanet.opr.ca.gov/2022120288.

Federal Emergency Management Agency. n.d. National Flood Hazard Layer (NFHL) Viewer. Available:
https://hazards-fema.maps.arcgis.com/apps/webappviewer/index.html?id= 8b0adb51996444d4879338b5529aa9cd&extent=-121.94965689392994,37. 36209724087 428,- 121.9452205202187,37 .36422907388417. Accessed: January 2023.

Federal Emergency Management Agency. 2020. Flood Zones. (Last updated July 8). Available:
https://www.fema.gov/glossary/flood-zones. Accessed: January 2023.

Redtail Consulting. 2021 a. Annual Sanitary Sewer Repairs 2021, 2022, & 2023 Projects - 2021 Construction Package Statutory Exemption Screening. (September.) Prepared for Mott MacDonald, San Jose, CA and City of Santa Clara. Fremont, CA.

Redtail Consulting. 2021 b. Annual Sanitary Sewer Repairs 2021, 2022, & 2023 Projects - 2021 Construction Package Categorical Exemption Screening. (October.) Prepared for Mott MacDonald, San Jose, CA and City of Santa Clara. Fremont, CA.
4 Redtail Consulting E
Environment & Community,.

Appendix A
Sanitary Sewer Condition Assessment Repairs - Package 1 Initial Study & Proposed Mitigated Negative Declaration Public & Agency Comments
Gmail
FW: Notice of Availability: Initial Study/Mitigated Negative Declaration 1 message
Vincent Luchessi <[email protected]>
To: Anna Buising <[email protected]>, "Crawford, Renee" <[email protected]> Cc: Jane Hou <[email protected]>
Hi Anna,
Anna Buising <[email protected]>
Tue, Jan 17, 2023 at 12:50 PM
The comment period closed last Friday. Below is the only comment I received to date. I will monitor our mail boxes for any hard copy that that might come in over the next few days, but doubt there will be anything else.

With this - could you please look into the comment below.

Thanks,
Vincent Luchessi I Senior Civil Engineer
Public Works Department
1500 Warburton Avenue I Santa Clara, CA 95050
D: (408) 615-3012 J F: (408) 985-7936
[email protected]
From: Matthew Sasaki <[email protected]>
Sent: Friday, January 13, 2023 3:29 PM
To: Vincent Luchessi <[email protected]>
Subject: RE: Notice of Availability: Initial Study/Mitigated Negative Declaration Hi Vincent,
The Santa Clara Valley Water District (Valley Water) has reviewed the Notice of Availability for an Initial Study and Proposed Mitigated Negative Declaration (MND) for the Sanitary Sewer Condition Assessment Repairs - Package 1 Project, received on December 14, 2022. Based on our review, have the following comments:

1. The discussion on Potential for Releases of Pollutants Due to Flood, Tsunami, or Seiche Inundation on page 3-66 discusses the potential release of pollutants due to tsunami, mudflows, and seiche. There is not discussion of releases due to floods. Please update the discussion to address release of pollutants due to floods. According to the Federal Emergency Management Agency (FEMA) Flood Insurance Map (FIRM) Panel 060085C0227H, Segment 100 is located in Zone X, an area with a reduced flood risk due to a levee. According to FEMA FIRM Panel 06085C0061 H, portions of segments 231 , 232, 233, and 242 are in Zone X (an area with reduced flood risk due to a levee), Zone AH (a special flood hazard area with a flood depth of 5 feet), and Zone AO (a special flood hazard area with a flood depth of 1 foot).

2. Valley Water does not have any right of way or facilities at the project sites; therefore in accordance with Valley Water's Water Resources Protection Ordinance, a Valley Water encroachment permit is not required for the proposed improvements.

We appreciate the opportunity to review and comment on the Initial Study and Proposed MND for the Sanitary Sewer Condition Assessment Repairs - Package 1 Project. If you have any questions, please contact Matt Sasaki at (408) 630-3776 or [email protected]. Please reference File# 33804 on future correspondence regarding this project.

Thank you,

MATT SASAKI
Pronouns: he/him
Assistant Engineer II
Community Projects Review Unit
[email protected]
Tel. (408) 630-3776
Santa Clara Valley Water District is now known as:
♦ Valley Water
Clean Water • Healthy Environment • Flood Protection
5750 Almaden Expressway, San Jose CA 95118
www.valleywater.org
From: Vincent Luchessi <[email protected]>
Sent: Wednesday, December 14, 202212:29 PM
To: Vincent Luchessi <[email protected]>
Subject: Notice of Availability: Initial Study/Mitigated Negative Declaration ••• This email originated from outside of Valley Water. Do not click links or open attachments unless you recognize the sender and know the content is safe. •••
Good Afternoon,
You are receiving this e-mail because your e-mail contact information is on the City of Santa Clara's distribution list for CEQA reviews.

Please find attached a Notice of Availability for an Initial Study and Proposed Mitigated Negative Declaration for the Sanitary Sewer Condition Assessment Repairs - Package 1 Project.

Sincerely,
Vincent Luchessi I Senior Civil Engineer
Public Works Department
1500 Warburton Avenue I Santa Clara, CA 95050
D: (408) 615-3012 J F: (408) 985-7936
[email protected]
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City of
Santa Clara The Center of What's Possible
Sanitary Sewer Condition Assessment Repairs – Package 1 Monitoring & Reporting Program
(including AMMs & CEQA Mitigation Measures)
March 2023
Prepared for:

City of Santa Clara Public Works Department
1500 Warburton Avenue
Santa Clara, CA 95050
Contact: Vincent Luchessi, PE
Phone: 408.615.3012
Prepared by:

Redtail Consulting
115 Orchard Drive
Fremont, CA 94536
Contact: Anna Buising, PhD, PG
Phone: 510.304.8363
City of
Santa Clara
The Center of What's Possible
i
Contents
Sections
Introduction ........................................................................................................................................................ iii Summary of Adopted Environmental Measures ................................................................................. follows iv

1. Advance Preparation ....................................................................................................................................... 1

2. Avoidance & Minimization Measures ............................................................................................................. 3 Dust Control ................................................................................................................................................ 3 Emissions Control ....................................................................................................................................... 4

3. Mitigation Measures ........................................................................................................................................ 5 AIR-1. Toxic Air Contaminant and Odor Control ......................................................................................... 5 BIO-1. Protection of Nesting Birds (General), All Segments ....................................................................... 7 BIO-2. Protecting of Nesting Burrowing Owl, Segments 231 and 232 ........................................................ 9 CUL-1. Notice of Potential for Buried Cultural Resources in Construction Documents ............................. 11 CUL-2. Retention of On-Call Archaeologist ............................................................................................... 12 CUL-3. Worker Awareness Training for Cultural Resources ..................................................................... 13 CUL-4. Evaluation and Treatment of Unanticipated Archaeological Discoveries ...................................... 14 CUL-5. Procedures for Discovery of Human Remains .............................................................................. 15 GEO-1. Worker Awareness Training for Paleontological Resources ........................................................ 16 GEO-2. Stop-Work, Evaluation, and Treatment in the Event of a Paleontological Find ............................ 17 HAZ-1. Contaminated Groundwater, Soil, and Soil Vapor Protection ....................................................... 18

4. References & Standards Cited in this Document ....................................................................................... 21 Figures
Figure 1. Location of Segment 100 ........................................................................................................... follows iv Figure 2. Location of Segments 231 – 233 and 242 .................................................................................. follows iv ii
This page deliberately left blank.
iii
Introduction
This document constitutes the Monitoring and Reporting Program adopted by the City of Santa Clara (City) pursuant to the California Environmental Quality Act (CEQA) for non-exempt projects in the first construction package of the 2021 – 2023 Sanitary Sewer Condition Assessment Repairs Program (Sanitary Sewer Condition Assessment Repairs – Package 1). It includes the measures incorporated into the projects to avoid or prevent significant environmental impacts—referred to as Avoidance and Minimization Measures or AMMs—as well as additional Mitigation Measures identified and adopted through the CEQA review process.

The non-exempt projects in Sanitary Sewer Condition Assessment Repairs – Package 1 include the following.

Locations are shown in Figures 1 and 2.
x At Segment 100, in Mathew Street west of De La Cruz Boulevard: open-cut removal of 166 linear feet (LF) of existing 18-inch-diameter vitrified clay pipe (VCP) sewer line and replacement with 18-inchdiameter polyvinyl chloride (PVC) sewer line; removal and replacement of sanitary sewer manhole (SSMH) 57-35 at west terminus of Segment
x At Segment 231, in a utility easement crossing Lafayette Street just south of Highway 237: installation of 278 LF of cured-in-place-pipe (CIPP) lining in existing 42-inch-diameter reinforced concrete pipe (RCP) sewer line; replacement of manhole cones at SSMH 114-14 and SSMH 114-23 at the termini of the Segment
x At Segment 232, in Lafayette Street immediately south of Segment 231: installation of 437 LF of CIPP lining in existing 42-inch-diameter RCP sewer line; replacement of manhole at SSMH 104-9 at the south terminus of the Segment
x At Segment 233, in Lafayette Street south of Segment 232: installation of 491 LF of CIPP lining in existing 42-inch-diameter RCP sewer line; replacement of manhole cone at SSMH 104-15 at the south terminus of the Segment
x At Segment 242, in Lafayette Street north of Tasman Drive: installation of 430 LF of CIPP lining in existing 42-inch-diameter RCP sewer line; replacement of manhole cones at SSMH 104-17 and SSMH 104-22 at the termini of the Segment
The remaining repairs in Package 1 were screened for project details and environmental constraints, and found to qualify for either statutory or categorical exemption from CEQA (Redtail Consulting 2021a, 2021b).

The City circulated a CEQA Initial Study (IS) analyzing the environmental effects of conducting the non-exempt Package 1 repairs listed above in December 2022, and adopted a Mitigated Negative Declaration (MND) for the projects on April 18, 2023. When a public agency adopts an MND, Section 15097 of the state’s CEQA Guidelines requires that the agency also adopt a program for monitoring or reporting on the implementation of the measures it will require to mitigate potentially significant effects. This document, also adopted by the City on April 18, 2023, satisfies that requirement.

E Redtail Consulting - Environment & Community
Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 iv
In addition to this Introduction, this document contains the following components. x A summary matrix listing all adopted environmental measures (AMMs and mitigation) x Section 1—identifying preparatory actions that will need to be completed in advance of commencing construction, in order to support efficient implementation of the AMMs and Mitigation Measures x Section 2—detailing the AMMs “build into” the projects: actions required, timing, responsibility, and performance standard(s)
x Section 3—detailing the Mitigation Measures identified through CEQA review: actions required, timing, responsibility, and performance standard(s)
Throughout this document, the following abbreviations are used. x Contractor – contractor retained to perform repairs
x City PM – City’s construction Project Manager
x Inspector – City’s Inspector
x PW Director – City Public Works Director
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Sanitary Sewer Condition Assessment Repairs – Package 1 Summary of Adopted Environmental Measures
S-1
Measure See Page1 Implementation Timing2 Advance Prep?3 Avoidance and Minimization Measures
Dust Control 3 x Design phase (requirements
included in construction
documents)
x During construction
(implementation)
Yes
Emissions Control 4 x Design phase (requirements
included in construction
documents)
x During construction
(implementation)
Yes
Mitigation Measures
AIR-1. Toxic Air Contaminant and
Odor Control
5 x During project planning (styrene
avoidance if feasible)
x Prior to construction (noticing)
x During construction (additional
measures)
Yes
BIO-1. Protection of Nesting Birds
(General), All Segments
7 x During project planning
(scheduling)
x Prior to construction (surveys)
x During construction (if needed,
avoidance)
Yes
BIO-2. Protection of Nesting
Burrowing Owl, Segments 231
and 232
9 x Prior to construction (surveys)
x During construction (if needed,
avoidance)
Yes
CUL-1. Notice of Potential for
Buried Cultural Resources in
Construction Documents
11 x Design phase No
CUL-2. Retention of On-Call
Archaeologist
12 x Prior to construction Yes
1 For details (actions required, implementation/oversight responsibility, performance standards), see referenced pages. 2 Measures that include pre-construction requirements are highlighted in orange. 3 For advance preparation needed to efficiently implement AMMs and Mitigation Measures, see Section 1.

City of
Santa Clara
The Center of What's Possible
E Redtail Consulting - Environment & Community
-
Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 S-2
Measure See Page1 Implementation Timing2 Advance Prep?3 CUL-3. Worker Awareness
Training for Archaeological
Resources
13 x At construction start-up, prior to
groundbreaking
Yes
CUL-4. Evaluation and Treatment
of Unanticipated Archaeological
Discoveries
14 x During construction Yes
CUL-5. Procedures for Discovery
of Human Remains
15 x During construction Yes
GEO-1. Worker Awareness
Training for Paleontological
Resources
16 x At construction start-up, prior to
groundbreaking
Yes
GEO-2. Stop-Work, Evaluation,
and Treatment in the Event of a
Paleontological Find
17 x During construction Yes
HAZ-1. Contaminated
Groundwater, Soil, and Soil Vapor
Protection
18 x Design phase (contractor
responsibilities identified in
construction documents)
x Prior to construction (HASP
development)
x During construction (HASP
implementation)
Yes
+
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1 1
Advance Preparation
The following advance steps will be needed to implement the adopted AMMs and Mitigation Measures. x During the design phase: incorporation of AMM requirements into construction documents - Dust Control AMM (page 3)
- Emissions Control AMM (page 4)
x During the design phase: incorporation of mitigation requirements into construction documents - Adherence to NASSCO guidelines for use of styrene resins and other requirements of Mitigation Measure AIR-1 (page 5)
- Observance of no-activity/no-disturbance buffers around active nesting sites, per Mitigation Measures BIO-1 and BIO-2 (pages 7 and 9)
- Notice of potential to encounter buried cultural resources (Mitigation Measure CUL-1, page 11) - Compliance with worker awareness training requirements, per Mitigation Measures CUL-3 and GEO-1 (pages 13 and 16)
- Procedures in the event archaeological resources or human remains are encountered, per Mitigation Measures CUL-4 and CUL-5 (pages 14 and 15)
- Procedures in the event of a paleontological find, per Mitigation Measure GEO-2 (page 17) - HASP preparation and other Contractor responsibilities under Mitigation Measure HAZ-1 (page 18)
x During project planning: construction scheduling to avoid nesting season, if feasible (Mitigation Measure BIO-1, page 7)
x During project planning/bidding: avoidance of styrene resins if feasible (Mitigation Measure AIR-1, page 5)
x Prior to construction: retention of qualified staff to assist with implementation of mitigation measures, including
- City’s Biologist (Mitigation Measures BIO-1 and BIO-2, pages 7 and 9) - City’s Archaeologist (Mitigation Measures CUL-2 through CUL-5, beginning on page 12) E Redtail Consulting - Environment & Community
Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 2 - City’s Paleontologist (Mitigation Measures GEO-1 and GEO-2, pages 16 – 17) x Prior to construction: assessment of need for interpreter/translator services for Worker Awareness Training; retention of interpreter/translator if needed x Prior to construction: review of contractor submittals - Project signage, including City contact for dust complaints (Dust Control AMM, page 3) - Health and Safety Plan (HASP) submittal (Mitigation Measure HAZ-1, page 18) In addition, note that some AMMs and Mitigation Measures include activities that must occur prior to construction, highlighted in the foregoing Summary of Adopted Environmental Measures. These are not technically considered “advance preparation” since they are part of the measures themselves, but still represent early steps in the implementation process.

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3 2
Avoidance & Minimization Measures
Dust Control
To reduce dust generation, the following measures will be required during excavation and ground disturbance.

These measures reflect the requirements of the Bay Area Air Quality Management District’s (BAAQMD’s) Best Management Practices (BMPs) for fugitive dust control (Bay Area Air Quality Management District 2017). x All exposed surfaces (potentially including contractor parking areas, staging areas, areas subject to excavation or other ground disturbance, and unpaved access roads/routes) and soil stockpiles will be watered 2 times per day
x All haul trucks transporting soil, sand, or other loose material offsite will be covered x All visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. Use of dry power sweeping will be prohibited x All vehicle speeds in unpaved areas will be limited to 15 miles per hour x If pavement is removed, it will be replaced as soon as possible. x Vegetated areas disturbed during construction will be replanted/reseeded as soon as possible x Project signage will include the name and telephone number of City staff to contact regarding dust complaints. City staff will respond and take corrective action within 48 hours. Project signage will also include the BAAQMD’s phone number to ensure compliance with applicable regulations Timing: Throughout construction period
Responsibility: Implementation: Contractor (dust control measures), City PM or designated City staff (response to dust complaints)
Oversight: Inspector, City PM
Performance Standard: Requirements implemented as specified, as verified by City Inspector Confirmation:

E Redtail Consulting - Environment & Community
Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 4 Emissions Control
x Idling times will be minimized, either by shutting equipment off when not in use or by reducing the maximum idling time to 5 minutes. Clear notification will be provided to all equipment operators regarding limitation on idling times
x All construction equipment will be maintained and properly tuned in accordance with manufacturer specifications. All equipment will be checked by a certified mechanic and determined to be running in proper condition prior to operation
Timing: Throughout construction period
Responsibility: Implementation: Contractor
Oversight: Inspector, City PM
Performance Standard: Requirements implemented as specified, as verified by City Inspector Confirmation:

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5 3
Mitigation Measures
AIR-1. Toxic Air Contaminant and Odor Control
If feasible, the City will avoid the use of styrene resins for CIPP lining.

If the use of styrene resins cannot feasibly be avoided, the City will require the following measures to reduce the potential for exposure to toxic air contaminants during CIPP lining. x All use of styrene resins will be required to adhere to the standard best practices in NASSCO’s Guideline for the Safe Use and Handling of Styrene-Based Resins in Cured-in-Place Pipe (National Association of Sewer Service Companies 2020 or most current) x Sewer main reaches to be rehabilitated via CIPP will be plugged at both ends prior to lining, and a vent will be provided at each end of the reach to provide better dispersal of vapors x If steam curing is used, the steam exhaust will be located at least 250 feet from commercial/business park entry areas and all heating, ventilation, and air conditioning system air intakes. If this is not feasible, an alternative curing method will be used
x Adjacent facilities will be notified in writing at least 1 week prior to the start of work. Notification will include the following information.
- Anticipated work dates
- An overview of the repair process, including the substances proposed for use - Instructions to leave the premises, move farther away from the work area if possible, and contact the Santa Clara Fire Department if vapors or odors have entered the building, along with the appropriate Fire Department contact information - An advisory to seek medical attention promptly if exposure is suspected - A request to report any odor or health concerns to the City - The name, phone number, and email address of the City staff member who will be responsible for answering questions and receiving and responding to reports of odors or health concerns Additionally, to enable further assessment of potential concerns, the City will document any calls received regarding odors or health symptoms, and if health symptoPs are reported will conduct indoor air monitoring following a standard protocol appropriate to the type of resin and curing method(s) being used. Results of E Redtail Consulting - Environment & Community
Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 6 monitoring will be documented in City files for consideration in planning future projects. If monitoring indicates levels of any CIPP-related emissions of any toxic air contaminant above applicable health thresholds, the City will take appropriate action to reduce the potential for exposure.

Timing: x During project planning (styrene avoidance if feasible) x Prior to construction (noticing)
x During construction (additional measures)
Responsibility: Implementation:
- City PM determines whether avoidance of styrene resins is feasible - City PM identifies point of contact for complaints and designates staff responsible for noticing; City staff conduct noticing
- Contractor implements measures for reduction of vapor exposure during construction
- City receives and documents complaints
- If warranted, City conducts indoor air monitoring, documents results, and implements any appropriate follow-up
Oversight: PW Director (overall execution)
Performance Standard: x Use of styrene resins avoided if feasible x If use of styrene resins cannot be avoided, noticing is carried out as required x If use of styrene resins cannot be avoided, measures for reduction of vapor exposure are implemented as required
x Complaints regarding odors or health symptoms (if any) are documented x If health symptoms are reported, air monitoring is carried out as required, and result are documented, and follow-up action is conducted if warranted Confirmation:

J'/4,i Redtail Consulting - Environment & Community
City of Santa Clara Monitoring & Reporting Program
Sanitary Sewer Condition Assessment Repairs – Package 1 March 2023 Redtail Consulting
Environment & Community 7
BIO-1. Protection of Nesting Birds (General), All Segments If feasible, all project-related activity within 300 feet of the proposed repair Segments will be scheduled between September 1 and January 31, outside the February 1 – August 31 nesting period.

If project-related activity at any Segment occurs during the nesting period, the City will retain a qualified biologist to conduct a preconstruction nesting bird survey covering the Segment footprint and a 300-foot-wide surrounding buffer. The survey will be conducted within 2 weeks of the start of construction-related activity at the Segment. If active nest(s) of any protected species are identified within the 300-foot-wide survey area, a noactivity buffer will be established around the nest for the duration of the nesting season, or until a biologist determines the young have fledged and left the nest, or that the nest has been abandoned. No entry into the noactivity buffer will be permitted. The no-activity buffer will be delineated in the field by or under the supervision of the biologist, using temporary construction fencing or another suitable low-impact medium. The width of the buffer will be determined by the biologist, based on the species involved, the amount of vegetative and other screening between the nest and areas where construction activity will take place, and, if appropriate, other sitespecific factors. If special-status species are involved, the biologist will consult with the appropriate resource agency(ies) (California Department of Fish and Wildlife and/or U.S. Fish and Wildlife Service) in determining the width of the buffer.

Timing: x During project planning (scheduling)
x Prior to construction (surveys)
x During construction (if needed, avoidance)
Responsibility: Implementation:
- City PM retains Biologist
- Biologist conducts surveys, establishes no-activity buffers if needed, conducts site checks to verify nesting status, communicates status to City, removes buffers (if any)
- Contractor avoids areas within no-activity buffers
Oversight:
- City PM (Biologist)
- Inspector (Contractor performance)
- PW Director (overall execution)
Performance Standard: x If construction occurs during nesting period, surveys are conducted prior to construction (within 2 weeks of Contractor mobilization) x Buffers are installed if warranted
x Buffer areas are avoided
x Biologist site checks are conducted until nesting success or nest abandonment is verified, or until construction is complete, whichever comes first
x Buffers are removed by biologist following nesting completion or Contractor demobilization, whichever comes first
Confirmation:

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Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 8 J'/4,i Redtail Consulting - Environment & Community
City of Santa Clara Monitoring & Reporting Program
Sanitary Sewer Condition Assessment Repairs – Package 1 March 2023 Redtail Consulting
Environment & Community 9
BIO-2. Protection of Nesting Burrowing Owl, Segments 231 and 232 If repair work at Segment 231 or Segment 232 occurs during the Western Burrowing Owl nesting season (February 1 – August 31), the City will retain a qualified biologist to conduct preconstruction surveys covering all areas of suitable habitat within 250 feet of the Segment. The survey will last a minimum of 3 hours, and will either begin 1 hour before sunrise and continue until 2 hours after sunrise or begin 2 hours before sunset and continue until 1 hour after sunset. If no owls are detected during a first survey, a second survey will be conducted. If owls are detected during the first survey, a second survey is not needed. All owls observed will be counted and their locations will be mapped.

If evidence of nesting Western Burrowing Owls is found, a 250-foot-wide no-disturbance buffer zone will be established around each occupied nest and will be delineated in the field by the biologist, using a suitable lowimpact medium. Construction may proceed outside the no-disturbance buffer zones.

Timing: x Prior to construction (surveys)
x During construction (if needed, avoidance)
Responsibility: Implementation:
- City PM retains Biologist
- Biologist conducts surveys, establishes no-disturbance buffer(s) if needed, conducts site check(s) to verify nesting status, communicates status to City, removes buffer(s)
- Contractor avoids areas within no-disturbance buffers Oversight:
- City PM (Biologist)
- Inspector (Contractor performance)
- PW Director (overall execution)
Performance Standard: x Survey(s) conducted prior to groundbreaking, per specifics in measure x Locations are documented if owls are present
x Buffers are installed if warranted
x Buffer areas are avoided
x Biologist site checks are conducted to verify avoidance and monitor nesting progress
x Biologist site checks are conducted until nesting success or nest abandonment is verified, or until construction is complete, whichever comes first
x Buffer(s) are removed by biologist following nesting completion or Contractor demobilization, whichever comes first
Confirmation:

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Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 10 J'/4,i Redtail Consulting - Environment & Community
City of Santa Clara Monitoring & Reporting Program
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CUL-1. Notice of Potential for Buried Cultural Resources in Construction Documents
The potential to encounter buried cultural resources, including Native American burials, will be noted in the project construction documents.

Timing: Design phase
Responsibility: Implementation:
- Design consultant
Oversight:
- City PM
Performance Standard: x Information included in construction documents as required Confirmation:

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Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 12 CUL-2. Retention of On-Call Archaeologist
Prior to construction, the City will retain a qualified professional archaeologist (City’s Archaeologist) with experience in northern and central California archaeology on an on-call basis for the duration of all grounddisturbing activities. The City’s Archaeologist will be responsible for reviewing, identifying, and evaluating cultural resources (if any) exposed during construction, for determining whether they qualify as unique archaeological resource(s) under CEQA, and, if needed, recommending and implementing appropriate follow-up treatment.

Timing: Prior to construction
Responsibility: Implementation: City PM
Oversight: PW Director
Performance Standard: x Archaeologist is retained before construction begins x Archaeologist can demonstrate experience in northern and central California archaeology
Confirmation:

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CUL-3. Worker Awareness Training for Cultural Resources Prior to groundbreaking at each of the Segments, the City’s Archaeologist (defined in Mitigation Measure CUL2) will develop and present in-person, hands-on worker awareness training for archaeological resources.

Training will include information on the possibility of encountering resources during construction; the types of resources that may be seen and how to recognize them; and proper procedures in the event resources are encountered. All field management and supervisory personnel and construction workers involved with grounddisturbing activities will be required to take this training prior to beginning work on the project. Upon completion of the training, workers will be required to sign a form stating that they attended the training, understand, and will comply with the information presented.

Timing: At construction start-up, prior to groundbreaking Note that if the same crew will carry out repairs at all Segments, only one training will be needed; if crews change, additional training prior to groundbreaking at subsequent Segments will be necessary
Responsibility: Implementation:
- City PM retains City’s Archaeologist
- City’s Archaeologist conducts training, including collection of worker signatures
- Contractor identifies personnel and sends them to training Oversight: PW Director
Performance Standard: x Training is properly conducted and documented x Staff delivering training meet qualifications in Mitigation Measure CUL-2 Confirmation:

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Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 14 CUL-4. Evaluation and Treatment of Unanticipated Archaeological Discoveries
If known or suspected archaeological resources are discovered during construction, work in the immediate area of the find will cease and the contractor will be required to notify the City before the end of the work day. The find will be protected in place until the City’s Archaeologist has evaluated it and identified appropriate follow-up measures, if any. If the City’s Archaeologist determines that the resource qualifies as a unique archaeological resource under CEQA, they will notify the City and other appropriate parties and recommend follow-up measures to reduce impacts, in accordance with Section 15064.5 of the CEQA Guidelines. Depending on the nature of the find, follow-up measures may include avoidance, preservation in place, recordation, monitoring during ongoing work, additional archaeological testing, and data recovery, among other options. The City’s Archaeologist may recommend completion of a formal Archaeological Monitoring Plan (AMP) and/or Archaeological Treatment Plan (ATP), potentially including data recovery, if significant archaeological deposits are exposed during ground-disturbing activities. The City will be responsible for proper implementation of the AMP and ATP. If archaeological evaluation, monitoring, or treatment is required, the City’s Archaeologist will prepare and file a Monitoring Closure Report with the City, documenting the nature of the find(s), evaluation methods, and outcomes.

Timing: Throughout construction period
Responsibility: Implementation:
- In the event of a known or potential find, Contractor implements stop work, protection, and avoidance in the event of a find; reports find to City - City notifies City’s Archaeologist
- City’s Archaeologist responds to and evaluates find; if needed, recommends treatment; if needed, implements treatment and prepares and files Monitoring Closure Report
- Contractor coordinates with and enables evaluation and treatment of find Oversight: City PM
Performance Standard: x In the event of a find, resources are protected, evaluated, and treated if appropriate
x Treatment conforms to CEQA requirements
x Treatment is documented in Monitoring Closure Report per specifics in measure
Confirmation:

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CUL-5. Procedures for Discovery of Human Remains
The treatment of human remains and funerary objects discovered during any project related ground-disturbing activity will comply with all applicable state laws. If known or potential human remains are encountered during project-related activities, work within 50 feet of the discovery and in any nearby areas reasonably suspected to overlie adjacent remains will cease, the find will be protected in place, and the contractor will be required to notify the City before the end of the work day. The City will promptly notify the Santa Clara County Coroner, who will be responsible for determining whether the remains are Native American. If the Coroner determines that the remains are Native American and are not subject to their authority, they will notify the Native American Heritage Commission, which is responsible for identifying and notifying descendant(s) of the deceased so they can make recommendations regarding the treatment of the remains. The City will be responsible for facilitating the disposition of remains recommended by the Most Likely Descendant(s). If no satisfactory agreement can be reached as to the disposition of the remains pursuant to state law, the City will respectfully reinter the human remains and items associated with the burial on City property in a location not subject to further subsurface disturbance. A final report detailing the find, follow-up activities, and disposition of remains will be prepared by the City’s Archaeologist or other qualified staff, and will be submitted to the City’s Director of Community Development promptly following disposition of the remains. The report will be subject to review and approval by the City’s Director of Community Development.

Timing: Throughout construction period
Responsibility: Implementation:
- In the event of a known or potential find, Contractor implements stop work, protection, and avoidance; reports find to City
- City PM notifies County Coroner and proceeds according to Coroner direction
- If remains are Native American, City coordinates with Most Likely Descendent and facilitates reburial per Most Likely Descendent recommendations
- If reinterment of remains on City property is necessary, City coordinates location and facilitates reburial
- Contractor coordinates with and enables evaluation and treatment of find Oversight: PW Director
Performance Standard: x California state legal requirements for treatment of human remains are satisfied
x If Native American remains are encountered, either:
- recommendations of Most Likely Descendant for disposition of remains are implemented, or
- in the absence of recommendations from Most Likely Descendant, remains are respectfully reinterred at a City-owned location where they will not be subject to further disturbance
Confirmation:

Monitoring & Reporting Program City of Santa Clara
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GEO-1. Worker Awareness Training for Paleontological Resources Prior to groundbreaking, the City will retain qualified staff to develop and present in-person, hands-on worker awareness training for paleontological resources. As used here, qualified staff refers to an individual who satisfies one or both of the following criteria.
x A Principal Paleontologist as defined by the Society of Vertebrate Paleontology (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010), who is experienced in delivering training to nonspecialists
x A California-licensed professional geologist (PG) who has expertise in South San Francisco Bay Area stratigraphy and paleontology and is experienced in delivering training to nonspecialists Training will be concise and substantive. It will include information on the possibility of encountering fossils during construction; the types of fossils that may be seen and how to recognize them; and proper procedures in the event fossils are encountered. All field management and supervisory personnel and construction workers involved with ground-disturbing activities will be required to take this training prior to beginning work on the project. Upon completion of the training, workers will be required to sign a form stating that they attended the training, understand, and will comply with the information presented.

Timing: At construction start-up, prior to groundbreaking Note that if the same crew will carry out repairs at all Segments, only one training will be needed; if crews change, additional training prior to groundbreaking at subsequent Segments will be necessary
Responsibility: Implementation:
- City PM retains City’s Paleontologist
- City’s Paleontologist conducts training, including collection of worker signatures
- Contractor identifies personnel and sends them to training Oversight: PW Director
Performance Standard: x Training is properly conducted and documented x Staff developing/delivering training meet qualifications specified in measure Confirmation:

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Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 18 GEO-2. Stop-Work, Evaluation, and Treatment in the Event of a Paleontological Find
If vertebrate remains or other potentially significant fossil resources are discovered during project-related activities, all work in the immediate vicinity of the discovery will cease, the find will be protected in place, and the contractor will be required to notify the City before the end of the work day. The City will detail qualified staff— i.e., staff meeting the criteria for a Qualified Professional Paleontologist as defined by the Society of Vertebrate Paleontology (Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee 2010)—to evaluate the find and recommend appropriate follow-up treatment. Work may continue on other parts of the alignment while evaluation (and, if needed, treatment) takes place, as long as the find can be adequately protected in the judgment of the qualified staff. The City will be responsible for ensuring that the recommendations of the qualified staff regarding treatment and reporting are implemented.

Timing: Throughout construction period
Responsibility: Implementation:
- In the event of a known or potential find, Contractor implements stop work, protection, and avoidance; reports find to City
- City notifies Paleontologist
- City’s Paleontologist responds to find, evaluates find; if needed, recommends treatment; if needed, implements treatment
- Contractor complies with Paleontologist direction for avoidance/treatment of find
Oversight: City PM
Performance Standard: x In the event of a find, resources are protected, evaluated, and, if warranted, treated (recovered, curated, reported)
x Staff evaluating find and recommending/implementing treatment meet qualifications stipulated in measure
Confirmation:

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HAZ-1. Contaminated Groundwater, Soil, and Soil Vapor Protection The contractor will be required to prepare and submit a Health and Safety Plan (HASP) for worker and public safety during all phases of sewer and manhole repair work. The HASP will be tailored to the contaminants potentially present, the media potentially affected/involved (soil, groundwater, soil vapor), and the activities planned. The HASP will be subject to review and approval by a Certified Industrial Hygienist and the City, and at a minimum will include the following requirements.
x Contractor staff will be required to wear appropriate Personal Protective Equipment (PPEs) and the contractor will be required to employ Best Management Practices (BMPs) to minimize and monitor human exposure to potential contaminants, consistent with applicable federal and state requirements, including Title 29 of the Code of Federal Regulations and California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) guidelines (California Code of Regulations, Title 8). Construction BMPs described in the HASP will include, but will not necessarily be limited to, the following
x Public access to the active work site will be prohibited using appropriate safety barriers and signage x If contaminated soil, groundwater, or other materials encountered during construction activities qualify as hazardous waste (per California Code of Regulations, Title 22), all contractor employees (and subcontractors, if any) handling the hazardous waste will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training x If dewatering is required, groundwater removed from excavations will be stored in a settling tank and tested onsite for contamination prior to discharge in accordance with applicable permit requirements. If contaminant levels are detected in excess of the applicable discharge limits per the contractor’s discharge permit, the groundwater will either be treated onsite using appropriate technology (e.g., sediment filter, activated carbon filter, or other appropriate alternative methods) prior to discharge to the sanitary sewer, or will be removed from the site for appropriate offsite disposal. Groundwater treatment and offsite disposal options will be described in the HASP x Contractor will stockpile excavated materials prior to onsite reuse as backfill or offsite disposal at an appropriately permitted landfill. Contractor will water/mist soil as it is being excavated. Stockpiled soil will be placed in areas shielded to the extent feasible from prevailing winds and will be covered with plastic sheeting to prevent fugitive dust and vapor emissions and to shield the stockpile from potential rain. Stockpiles will be placed away from drainage courses, gutters, and stormdrain inlets to prevent contact with stormwater runoff. Public access to the stockpile area(s) will be prohibited using appropriate barriers and signage. Soil exhibiting signs of potential contamination (such as staining, odors, or the presence of debris) will be placed in a separate stockpile x Soil that does not exhibit signs of potential contamination may be reused as backfill in the excavation from which it was removed
x Excavated materials that exhibit signs of potential contamination, and excavated materials that are planned for offsite disposal at a landfill (if any), will be tested for contaminants in accordance with the receiving landfill’s requirements and the U.S. Environmental Protection Agency’s (EPA’s) SW-846 guidelines (available: https://www.epa.gov/hw-sw846)
x If testing of excavated materials indicates any contaminant levels in excess of hazadous waste thresholds (per California Code of Regulations, Title 22), excavated materials will be handled and Ii
Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 20 disposed of by a licensed hazardous waste disposal contractor and transported by a licensed hazardous waste hauler to an appropriately licensed and permitted disposal facility, in accordance with local, state, and federal requirements. Contractor will water/mist soil as it is being loaded onto haul trucks to prevent fugitive dust generation, and haul trucks will be covered and the truck wheels and body brushed clean to control trackout, fugitive dust, and vapor emissions during transport x If import fill materials (e.g., soil, sand, aggregate base) are used, they will be sourced and tested in accordance with guidance from the California Department of Toxic Substances Control’s Information Advisory Clean Imported Fill Material (available: https://dtsc.ca.gov/information-advisory-cleanimported-fill-material-fact-sheet/). Fill material testing results will be provided to the City for review and approval prior to importing the fill materials to the project site. No fill material will be imported for use at any of the repair Segments if it contains any contaminant at a level exceeding hazardous waste thresholds (per California Code of Regulations, Title 22) or the applicable Regional Water Quality Control Board (RWQCB) Environmental Screening Level (ESL) for commercial/industrial land use, with the exception of arsenic for which the naturally ocurring background level of 11 milligrams per kilogram (mg/kg) (per Duvergé 2011) will apply as a limiting threshold x The contractor will monitor ambient air in the trench and around the perimeter of the active work area for fugitive vapor emissions, including volatile organic compounds (VOCs), methane, and other sewer/landfill gases, using appropriate field screening instrumentation. If any contaminant level in excess of applicable Cal/OSHA Permissible Exposure Levels is detected, worker PPEs will be required to include inhalation protection meeting Cal/OSHA standards, and/or work will be suspended until airborne concentrations decrease below the action threshold, as verified by ambient air monitoring. If air monitoring indicates the presence of flammable vapors in excess of their lower explosive limits (LELs) or other hazardous atmosphere conditions (e.g., oxygen-deficient atmosphere) work will be suspended until the hazardous atmosphere conditions have been mitigated as verified by air monitoring. Vapor control measures (e.g., spraying water or vapor supressants, covering exposed soil with plastic sheeting, and ventilation of excavations and manholes) will be performed as necessary based on air monitoring results, to maintain vapor concentrations below PELs and LELs and ensure that safe oxygen levels (20.8% 21%) are present in the trench and surrounding work area The project Contract Documents will stipulate contractor responsibilities in implementing these requirements.

Timing: x Design phase (contractor responsibilities identified in construction documents) x Prior to construction (HASP development and review/approval) x During construction (HASP implementation)
Responsibility: Implementation:
- Design team incorporates Contractor responsibilities in construction documents
- Contractor prepares HASP; Certified Industrial Hygienist and City review/approve
- Contractor implements HASP requirements, including use of appropriately trained staff
Oversight: City PM
Performance Standard: x HASP is approved by Certified Industrial Hygienist and City J'/4,i Redtail Consulting - Environment & Community
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x HASP includes all minimum requirements stipulated in measure; may include other requirements
x All HASP requirements are met throughout construction period, including staff qualifications and use of PPEs
x Testing of potentially contaminated spoils complies with EPA’s SW-846 guidelines
x If import fill is used, it is sourced and tested in accordance with DTSC’s Clean Imported Fill Material Information Advisory and meets requirements identified in measure
x Air monitoring and follow-up are conducted according to measure requirements
Confirmation:

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Monitoring & Reporting Program City of Santa Clara
March 2023 Sanitary Sewer Condition Assessment Repairs – Package 1 22 4
References & Standards Cited in this Document
Bay Area Air Quality Management District. 2017. California Environmental Quality Act Air Quality Guidelines. (May.) Available: http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_ may2017-pdf.pdf?la=en. Downloaded: December 2017.

Duvergé, D. 2011. Establishing Background Arsenic in Soil of the Urbanized San Francisco Bay Region, December. Available: https://www.waterboards.ca.gov/sanfranciscobay/water_issues/ available_documents/2011_Arsenic_Background_Duverge.pdf. Accessed: May – June 2022.

National Association of Sewer Service Companies. 2020. Guideline for the Safe Use and Handling of StyreneBased Resins in Cured-in-Place Pipe. (October.) Available: https://www.nassco.org/wpcontent/uploads/2021/02/Safe-Handling-and-Use-of-Styrene_Specification-Guideline-_-2020-2.pdf.

Downloaded: October 2022.

Redtail Consulting. 2021a. Memorandum: Annual Sanitary Sewer Reparis 2021, 2022, & 2023 Projects – 2021 Construction Package Statutory Exemption Screening. (September.) Prepared for City of Santa Clara Public Works Department, Santa Clara, CA. Fremont, CA.

Redtail Consulting. 2021b. Memorandum: Annual Santiary Sewer Repairs 2021, 2022, & 2023 Projects – 2021 Construction Package Categorical Exemption Screening. (October.) Prepared for City of Santa Clara Public Works Department, Santa Clara, CA. Fremont, CA.

Society of Vertebrate Paleontology Impact Mitigation Guidelines Revision Committee. 2010. Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources.

Available: http://vertpaleo.org/Membership/Member-Resources/SVP_Impact_Mitigation_Guidelines.aspx.

Downloaded: July 2018.

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Resolution Sanitary Sewer Condition Assessment Repairs – Package 1 MND Page 1 of 3 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

ADOPTING A MITIGATED NEGATIVE DECLARATION, MAKING

FINDINGS WITH RESPECT THERETO, AND ADOPTING A

MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE SANITARY SEWER CONDITION ASSESSMENT REPAIRS –
PACKAGE 1 PROJECT
SCH# 2022120288 (Mitigated Negative Declaration)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City has proposed the Sanitary Sewer Condition Assessment Repairs – Package 1 Project (“Project”) which will construct sewer repairs at various locations; WHEREAS, in conformance with CEQA, the MND was noticed and circulated for a 30-day public review period from December 14, 2022 to January 13, 2023 to the State Office of Planning and Research, Santa Clara County Clerk’s Office, and interested parties, and a Notice of Intent to Adopt the MND was published in the Santa Clara Weekly, a newspaper of general circulation, on December 14, 2022, where during that period comment letters were received from Valley Water; along with the attached Consideration of Comments Received on the MND are made part of the record;
WHEREAS, the City Council held a duly noticed public meeting on April 18, 2023 to consider the MND and Mitigation Monitoring and Reporting Program (“MMRP”); WHEREAS, the City Council reviewed the MND prepared for the Project, City staff reports pertaining to the MND and all evidence received at the duly noticed public meeting on April 18, 2023. All of these documents and evidence are herein incorporated by reference into this Resolution;
WHEREAS, all potentially significant environmental effects associated with the Project, as approved, can either be substantially lessened or avoided through the inclusion of mitigation measures proposed in the MND; and
WHEREAS, the City Council, in reviewing the Project as proposed, intends to adopt all mitigation Resolution Sanitary Sewer Condition Assessment Repairs – Package 1 MND Page 2 of 3 Rev: 11/22/17
measures set forth in the MND.

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

1. 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 finds that the MND has been completed in compliance with CEQA.

3. The City Council hereby finds, pursuant to California Code of Regulations, Title 14, Section 15074, that the Council has reviewed and considered the information and analysis contained in the MND before making its determination, that there is no substantial evidence that the Project will have a significant effect on the environment, and that the MND reflects the Council’s independent judgment and analysis, and hereby adopts the MND.

4. The City Council hereby finds that the proposed mitigation measures described in the MND are feasible, and therefore will become binding upon the City and affected landowners and their assigns or successors in interest when the Project is approved.

5. Pursuant to California Code of Regulations, Title 14, Section 15074(c), the City Council hereby designates the Director of Public Works as the Custodian of Records for the Project, and the Public Works Division at City Hall, 1500 Warburton Avenue, Santa Clara, California, is the location of the documents and other material that constitute the record of proceedings upon which this decision is based.

6. That the City Council authorizes the City Manager or his/her designee to File a Notice of Determination.

7. In order to comply with Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program (MMRP) as attached and referenced herein. The Program is designed to ensure that, during project implementation, the City, affected landowners, their assigns and successors in interest and any other responsible parties Resolution Sanitary Sewer Condition Assessment Repairs – Package 1 MND Page 3 of 3 Rev: 11/22/17
comply with the feasible mitigation measures identified. The MMRP identifies, for each mitigation measure, the party responsible for implementation.

8. 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 _________, 2023, 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. Mitigated Negative Declaration (MND)

2. Mitigation and Monitoring Reporting Program

3. Consideration of Comments Received on the Mitigated Negative Declaration MATCHLINE - SEE PAGE 2
0 Street or Nearest St
De La Cruz Blvd
Walsh Ave
Mathew St
Great America Pkwy
stars and Stripes Dr
Lafayette St
SANITARY SEWER CONDITION ASSESSMENT REPAIRS- PACKAGE 1 LOCATION PAGE MAPS 1 of2 MATCHLINE - SE PAGE 1
SANITARY SEWER CONDITION ASSESSMENT REPAIRS - PACKAGE 1 LOCATION MAPS PAGE 2 of2

Page 1 of 1 ends

Attachment
Bid Summary
Sanitary Sewer Condition Assessment Repairs - Package 1 Project (CE 20-21-03) BID SUMMARY Bid Opening Date: March 22, 2023
ENGINEER’S
ESTIMATE:

Base Add
Alternate A
Add
Alternate B Total
$5,175,000 $1,026,000 $841,000 $7,042,000

ANNOUNCED
FUNDING AMOUNT $5,500,000
Contractor
Bid ($) Percentage
above/below
Engineer’s
Estimate Base Add
Alternate A
Add
Alternate B Total
JMB Construction, Inc. $5,178,003 $1,021,270 $980,312 $7,179,585 2.0% above City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-193 Agenda Date: 4/18/2023

REPORT TO COUNCIL

SUBJECT
Adoption of a Resolution of Intention for Parking Maintenance District No. 122 - Franklin Square

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Parking Maintenance District No. 122 (PMD 122) was formed in 1965 for the parking lots, arcades, fountains, sidewalks, landscaping, irrigation, lights, and utilities within Franklin Square, which is bounded by Benton Street, Homestead Road (formerly known as Liberty Street), Monroe Street, and Jackson Street. There have been several changes in how maintenance and operation costs have been collected over the years. In 2002, the City Council passed a motion at a public hearing in which the City assumed all future costs for operation and maintenance and in May 2003 adopted Resolution 7026. Under the collection method contained in Resolution 7026, the property owners contribute annually to pay for capital repairs of the parking lot and associated walkways. The fixed annual contribution from the property owners totals $14,200, less the earned interest on the accumulating balance. The City, through the General Fund, is responsible for covering the costs for annual maintenance and operations of PMD 122 and that has continued to be the arrangement through the present day.

DISCUSSION
Adoption of the proposed resolution is the initial step necessary to set the annual budget for PMD 122. The approval process requires the preparation of a Director’s Report (Attachment 1) explaining the preparation and basis of assessments; publication and posting of a Notice of Public Hearing (Attachment 2); and holding a public hearing on the annual assessments. Following approval of the subject Resolution of Intention (Attachment 3), each property owner will be sent a letter containing the proposed FY 2023/24 assessment and details on a June 6, 2023 public hearing to approve the assessments.

The proposed FY 2023/24 assessment to property owners totals $12,019. Accrued interest earned in FY 2021/22 in the amount of $2,181 will be used to reach the $14,200 annual requirement. These funds are placed into an account that generates interest income and are used to pay for capital repair projects as needs arise. At the close of FY 2021/22, the interest-bearing account contained $156,961.

The total proposed FY 2023/24 expenditure budget for PMD 122 is $133,269, which is $4,242 less than the FY 2022/23 expenditure budget primarily due to interfund services calculations. The operating budget includes funding for routine maintenance and operation performed by the Department of Public Works as well as contractors, which is all funded by the General Fund. This City of Santa Clara Page 1 of 3 Printed on 4/13/2023
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23-193 Agenda Date: 4/18/2023
includes regular maintenance for landscaping, trees, fountains, and parking lot/walkway sweeping.

There are no proposed Capital project expenditures for parking lots and associated walkways in FY 2023/24. Both parking lots at the complex were resurfaced and striped during the summer of 2019, which was funded by previously collected property owner assessments.

Pursuant to the 2002 City Council action, staff is recommending the adoption of the subject Resolution of Intention; setting a public hearing date of June 6, 2023 to approve the Director’s Report for FY 2023/24; and the authorization of the publication and posting of the public hearing. The assessments to the property owners cannot be sent out until the Director’s Report is approved at a public hearing.

A conference call with the property owners to discuss these requirements has been scheduled for May 15, 2023. Notices for the public hearing will be sent out following adoption of the subject Resolution of Intention.

Staff has previously provided responses to Council questions about the procedures for modifying and dissolving PMD 122 as well as paid parking. Those reports are included in Attachment 4 and 5.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
Approval of the proposed assessment maintains the funding source for future capital repairs to parking lots and walkways located within Franklin Square. The City’s General Fund remains as the funding source for routine maintenance and operating costs for the Downtown Parking Maintenance District. The total proposed FY 2023/24 expenditure budget for Parking Maintenance District No. 122 is $133,269 subject to appropriation of funds.

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

RECOMMENDATION

1. Adopt a Resolution of Intention to order that the alternative method for the levy of benefit assessment be made applicable to the City of Santa Clara Parking Maintenance District No. 122;

2. Set a hearing date of June 6, 2023 to approve the Director’s Report FY 2023/24; and

3. Authorize the publication, mailing, and posting of the Notice of Public Hearing as stated in the Resolution of Intention.

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23-193 Agenda Date: 4/18/2023
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager

ATTACHMENTS

1. Director’s Report FY 2023/24

2. Notice of Public Hearing

3. Resolution of Intention

4. Agenda Report 22-1672 from January 25, 2022

5. Agenda Report 22-713 from June 21, 2022
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DIRECTOR'S REPORT

CITY OF SANTA CLARA
PARKING DISTRICT NO. 122 MAINTENANCE DISTRICT
FISCAL YEAR 2023/24
April 18, 2023

ASSESSMENT FORMULA
Fiscal Year 2023/24
City of Santa Clara, California
Parking District No. 122 Maintenance District
The formula upon which the annual assessment levy, for the payment of the costs and expenses of maintaining and operating the improvements, and providing funds for future parking lots and associated walkways, exceptional maintenance and improvements, within Parking District No. 122 Maintenance District, including the costs and expenses incidental thereto, will be apportioned according to benefits among the several lots or parcels of property within the Maintenance District for the Fiscal Year 2023/24 is as follows:
- Costs and expenses are to be shared between the City and property owners as below:
a. City shall pay for the operation and maintenance cost on a 100% basis. b. Property owners shall pay $14,200 annually, less interest from prior years' property owners operation and maintenance assessments as of June 30, 2002, to be kept in a fund to be used towards future exceptional maintenance and improvements of parking lots and associated walkways and appurtenances.
- Each assessment shall be determined on the basis of the gross floor area of the building located upon the lot or parcel of property assessed. - For the purposes of the formula herein, gross floor area shall mean that area computed from the outside dimensions of the building and not excluding corridors and other design features and aggregated for each additional story or mezzanine floor and any basement area.

DIRECTOR'S REPORT
ASSESSMENT for Fiscal Year 2023/24 City of Santa Clara, California Parking District No. 122 Maintenance District
I, Craig Mobeck, Director of Public Works for the City of Santa Clara, California, pursuant to the provisions of Section 16.10.490 of the Code of the City of Santa Clara, hereby make this report and following benefit assessment to cover the costs and expenses of maintaining and operating the improvement within Parking District No. 122 Maintenance District of said City, including the costs and expenses incidental thereto, to be paid by said Maintenance District.

The amount to be paid therefor by said Maintenance District for the Fiscal Year 2023/24 is as follows:

Expenditures
As
Preliminarily
Approved
As Finally
Approved
Routine Maintenance & Operation $ 133,269.00 $
Exceptional Maintenance and Repairs $ 0.00 $
TOTAL COST $ 133,269.00 $
Funding for FY 2023/24 Expenditures
Exceptional Maintenance & Improvement
From Fund Balance Reserve $0.00 $
Contribution from City General Fund (001) $ 133,269.00 $ TOTAL $ 133,269.00 $
Property Owner Assessment
Owner's Annual Assessment $14,200.00 $
Less Accrued Interest of Owner’s Fund
Balance [$2,181.00]

$
TOTAL NET ASSESSMENT $12,019.00 $
(Goes to Fund Balance Reserve)
And I do hereby assess and apportion the amount said costs and expenses, including the costs and expenses incidental thereto, upon the several lots or parcels of property liable therefor and benefited thereby, in proportion to the benefits to be received by such lots or parcels of property, from the maintenance and operation thereof and more particularly set forth in the list hereto attached and by reference made a part hereof.

Each lot or parcel of land is described in the assessment list by reference to its parcel number as shown on the assessor's maps of the County of Santa Clara for the Fiscal Year 2023/24 to the right of the parcel numbers and include all of such parcel.

Dated:_______________ ________________________________
Craig Mobeck, Director of Public Works
BUDGET
Fiscal Year 203/24
City of Santa Clara, California
Parking District No. 122 Maintenance District

Expenditures
As
Preliminarily
Approved
As Finally
Approved
Maintenance & Operation: $ 133,269.00 $ Labor, materials, supplies, and equipment to maintain Parking
Maintenance District No. 122
including, but not limited to water,
sewer, and electrical costs,
sweeping of parking lots and mall
area, maintenance of pavement,
striping, landscaping, mall fountains,
City supervision (50% of labor and
fringe benefits of Street Maintenance
Worker III).

Exceptional Maintenance and
Improvements of Parking Lots
and Associated Walkways
$ 0.00 $
TOTAL COST $ 133,269.00 $
Funding for FY 2023/24 Expenditure
Owner's Reserve for
Exceptional Maintenance &
Improvement Fund Balance: [$ 0.00] $
Contribution from City
General Fund (001): [$133,269.00] $
Owner's Annual
Assessment $14,200.00 $
Less Accrued Interest on
Owners' Fund Balance: [$2,181.00] $
Total Net Assessment: $12,019.00 $

San Jose, CA 95117
269-22-110 $ $1,328.46 7,034.13 11.053
John DeMartini Trustee & Et al.
477 9th Avenue Ste 107
San Mateo, CA 94402
269-22-108 $ $1,607.90 8,513.76 13.378
David DeLozier Trustee
1162 Carmel Way
Santa Clara, CA 95050
269-22-098 $ $1,406.22 7,445.88 11.700
T & I Real Estate Solutions
364 Appian Way
Union City, CA 94587
269-22-103 $ $ 262.01 1,387.35 2.180
Alice May-Wan Chan
20015 Bella Vista
Saratoga, CA 95070
269-22-102 $ $ 151.20 800.59 1.258
Ross L. Peterson Et al.
10 Enterprise Dr.

Corte Madera, CA 94925
269-22-105 $ $ 378.48 2,004.02 3.149

ASSESSMENT
Fiscal Year 2023/24
City of Santa Clara, California
Parking District No. 122 Maintenance District
Name & Address of Owner
Assessor's
Parcel
Number
(2) As Finally
Confirmed
(1) As
Preliminarily
Approved
Gross Floor
Area (sq. ft.)
% of Total
Floor Area
Robert Freitas Et al.
255 Washington Street
Milpitas, CA 95035
269-22-104 $ $ 314.42 1,664.82 2.616
Gillmor Properties LLC
1201 Franklin Mall
Santa Clara, CA 95050
269-22-113 $ $ 406.36 2,151.67 3.381
Thomas Mitchell Trustee & Et al. 1291 Franklin Mall
Santa Clara, CA 95050
269-22-106 $ $1,506.35 7,976.00 12.533
Vitarelli Family LP
925 Circle Drive
Santa Clara, CA 95050
269-22-101 $ $ 416.46 2,205.13 3.465
Vitarelli Family LP
925 Circle Drive
Santa Clara, CA 95050
269-22-100 $ $ 232.93 1,233.34 1.938
Gillmor Properties LLC
1201 Franklin Mall
Santa Clara, CA 95050
269-22-115 $ $1,138.08 6,026.07 9.469
Gillmor Properties LLC
1201 Franklin Mall
Santa Clara, CA 95050
269-22-114 $ $ 357.32 1,892.02 2.973
TOTAL $ $12,019.00 63,640.00 100%
I, the Assistant City Clerk of the City of Santa Clara, hereby certify that the foregoing assessment in the amounts set forth in Column (2) unless Column (2) is blank, in which event the amounts in Column (1) apply, was approved and confirmed by the City Council of said City on
, 2023.
__
Nora Pimentel, MMC
Assistant City Clerk
City of Santa Clara
City of Santa Clara
Notice of Public Hearing
Regarding the Levy of Benefit Assessment Applicable to the Santa Clara Parking Maintenance District No. 122, and Approval of Distribution of Director’s Report Fiscal Year 2023/24
Notice is hereby given that the Director of Public Works has requested a report, in writing, to be prepared and filed with the City Clerk, which provides the basis for the levy of benefit assessments for the costs of maintenance and operation on all lots or parcels of property within said maintenance district. Said report sets forth the amounts to be provided in the budget for maintenance and operation; a description of each lot or parcel of property in the maintenance district, by a legal description, assessor's parcel number or other description sufficient to identify the same; and the amount of assessment to be levied for the fiscal year 2023/24 against each lot or parcel of property. Said report is open to public inspection.

Said report will be heard by the City Council at its regularly scheduled meeting to be held on Tuesday, June 6, 2023, at 7:00 p.m. or as soon thereafter as the matter may be heard, at which time said Council will examine said report and hear all persons interested therein.

Pursuant to California Government Code Section 54953(e) and City of Santa Clara Resolution 22-9058 the City Council meeting will be held both in person in the Council Chambers at 1500 Warburton Avenue and by teleconference. We are providing alternatives to in person attendance for viewing and participating in the hearing. The methods for the public to participate remotely are listed below:
• Via Zoom: https://santaclara.zoom.us/j/99706759306
o Meeting ID: 997-0675-9306
• Phone: 669-900-6833 or 877-853-5257 (Toll Free)
• Via the City’s eComment (located at the Legislative Public Meetings Page https://santaclara.legistar.com/Calendar.aspx)
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Any interested owner, objecting to the amount of the assessment on any lot or parcel of property owned by him, may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him, describing the lot or parcel of property so that it may be identified, and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto.

Americans with Disabilities Act (ADA)
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Citizens are encouraged to attend the hearing and may submit written and/or oral comments directly to the City Clerk, 1500 Warburton Avenue, Santa Clara, California, 95050; telephone (408) 615-2220.

Nora Pimentel, MMC, Assistant City Clerk
Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 1 of 5 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, OF

INTENTION TO ORDER THAT THE ALTERNATIVE METHOD FOR THE LEVY OF

BENEFIT ASSESSMENT BE MADE APPLICABLE TO CITY OF SANTA CLARA PARKING MAINTENANCE DISTRICT NO. 122, PROVIDING FOR NOTICE OF HEARING THEREON, APPROVING THE DIRECTOR’S REPORT FOR
DISTRIBUTION, AND PROVIDING FOR NOTICE OF HEARING ON DIRECTOR’S REPORT FOR FISCAL YEAR 2023/24
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, pursuant to Sections 10107 and 10108 of Chapter 2, Division 12 of the Streets and Highways Code of the State of California, and Chapter 26 of Part 3 of Division 7 of said Code, all as provided in Chapter 16.10 of the Code of the City of Santa Clara, on the 30th day of March, 1965, this Council adopted its Resolution No. 1581, a Resolution creating "City of Santa Clara Parking Maintenance District No. 122" (“Parking Maintenance District”) in the City for the purpose of paying the costs and expenses of acquiring, constructing, reconstructing, installing, extending, enlarging, repairing, improving, maintaining and operating public automobile parking places, covered pedestrian lanes and walkways, fountains, and landscaping therein then existing or thereafter to be constructed in and for the Parking Maintenance District, and of benefit to said maintenance district, but not of benefit to the City of Santa Clara as a whole, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions, improvements and enlargements thereto which may thereafter be made;
WHEREAS, said proceedings provided that this Council shall, in addition to all other taxes, annually fix and levy a special assessment tax upon the real property (land and improvements) within the Parking Maintenance District as therein provided, sufficient to raise a determined amount of money to pay all or part of said costs of maintenance and operation; WHEREAS, the Council shall decide whether or not the costs of maintenance and operation of said public improvements shall be borne wholly or partially by the property owners within said Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 2 of 5 Rev: 11/22/17
Parking Maintenance District;
WHEREAS, on the 8th day of April, 1980, this Council adopted its Ordinance No. 1401 providing for an alternative method for annually fixing and levying a special benefit assessment within maintenance districts within the City for said purpose; WHEREAS, on the 16th day of January, 1996, this Council adopted its Resolution No. 6105 ordering that seventy-five (75%) percent of the costs and expenses of maintaining and operating said public improvements beginning with fiscal year 1996-97, within the Parking Maintenance District, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof shall annually be assessed either partly or wholly upon the lots and parcels of property within the Parking Maintenance District benefited thereby in accordance with the formula set forth, and that the City shall be responsible for the balance of the costs and expenses;
WHEREAS, on June 26, 1996, sufficient Ballots were received to approve the continuation of the Parking Maintenance District;
WHEREAS, on the 9th day of July, 2002, this Council, after a public hearing on the determination of the allocation of maintenance and operation costs and annual assessments, passed a motion wherein, due to the benefit to the public and the City of the improvements, the City assumed all future costs for operation and maintenance of Parking Maintenance District No. 122 and the property owners would contribute $14,200 annually, less earned interest on the accumulating balance, to pay for capital repairs of the parking lots and associated walkways; WHEREAS, procedures of approval require the preparation of a Report on how the assessments were prepared and based, notice of hearing, and public hearing on the annual assessments;
WHEREAS, this Council intends to order an alternative method by which annual assessment levies for the payment of said costs and expenses will be apportioned according to special Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 3 of 5 Rev: 11/22/17
benefits among the several lots or parcels of property within the Parking Maintenance District pursuant to Section 16.10.490 and 16.10.500 of the Code of the City of Santa Clara; WHEREAS, the City’s Director of Public Works has made and filed with the City Clerk a written report (“Report”) setting forth the budget, the formula for the annual assessment levy, a description of each lot or parcel of property to be assessed and the amount of the assessment to be levied against each lot or parcel of property in accordance with said formula; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof requires or should be modified in any respect.

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

1. That this Council hereby determines that the costs and expenses of the maintenance and operation of the public automobile parking places, covered pedestrian lanes and walkways, fountains and landscaping within the City of Santa Clara Parking Maintenance District No. 122 cannot be appropriately financed pursuant to Sections 10107 and 10108 of Chapter 2, Division 12 of said Streets and Highways Code, and Chapter 26 of Part 3 of Division 7 of said Code, all as provided in Section 16.05.050 of the Code of the City of Santa Clara. This Resolution is therefore adopted, and proceedings are being taken pursuant to Section 16.10.490 and Section

16.10.500 of said Code of the City of Santa Clara to provide for an alternative method for the levy of benefit assessments for said purposes.

2. That it is the intent of this Council to order that an amount of $14,200 less any earned interest on accumulated balance, is needed annually to be assessed towards the costs of capital repairs of the parking lots and associated walkways and thereof shall annually be assessed either partly or wholly upon the lots and parcels of property within said maintenance district benefited thereby in accordance with the formula set forth, and that the City shall be responsible for the costs and expenses of maintaining and operating said public improvements Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 4 of 5 Rev: 11/22/17
within the Parking Maintenance District, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation.

3. That a statement of the formula upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within said maintenance district is as follows:

A. Each assessment shall be determined on the basis of the gross floor area of the building located upon the lot or parcel of property assessed.

B. For the purposes of the formula herein, gross floor area shall mean that area computed from the outside dimensions of the building and not excluding corridors and other design features and aggregated for each additional story or mezzanine floor and any basement area.

4. That the City’s Director of Public Works has caused to be prepared and filed with the City Clerk a written report, which provides the basis for the levy of benefit assessments for said capital repairs of the parking lots and associated walkways, and the cost of maintenance and operation on all lots or parcels or property within the Parking Maintenance District. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district, by a legal description, assessor's parcel number or other description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 2023/24 against each lot or parcel of property. The City Council directs the City Clerk to make the report open to public inspection.

5. NOTICE IS HEREBY GIVEN that Tuesday the 6th day of June, 2023 at the hour of 7:00 p.m. at the regular meeting place of the City Council in the Council Chambers at City Hall, 1500 Warburton Avenue, Santa Clara, California, be fixed as the time and place when and where this Council will hear any and all objections in relation to said alternative method for the levy of benefit assessments and said formula and when and where this Council will examine said report Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 5 of 5 Rev: 11/22/17
and hear all persons' interest therein. Any interested owner objecting to said alternative method for the levy of benefit assessments or to said formula or to the amount of the assessment on any lot or parcel of property owned may file with the City Clerk at or before the hour fixed for hearing an objection, describing the lot or parcel of property owned so that it may be identified, and stating the grounds of objection, and may appear at said hearing and be heard with regard thereto.

6. NOTICE IS HEREBY GIVEN that Monday, the 15th day of May 2023 at the hour of 4:00 p.m. through 4:30 p.m. a teleconference meeting will be hosted by Dave Staub, Department of Public Works Deputy Director to present and discuss the Director's Report.

7. No written ballots are required to be completed and returned.

8. The City Clerk is hereby authorized and directed to a) post a copy of notice of hearing on or near the Council Chamber door or any bulletin board in or adjacent to the City Hall, and b) publish once in a newspaper of general circulation, and c) mail notice to all property owners located within the District.

9. 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 _________, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1672 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Update on Discussions with Parking Maintenance District No. 122 - Franklin Square (PMD 122) Property Owners Regarding Council’s Request to Explore Increased Contributions for Operations and Maintenance Costs

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Parking Maintenance District No. 122 (PMD 122) was formed in 1965 for the parking lots, arcades, fountains, sidewalks, landscaping, irrigation, lights, and utilities within Franklin Square, which is bounded by Benton Street, Homestead Road (formerly known as Liberty Street), Monroe Street, and Jackson Street. There have been several changes in how maintenance and operations costs have been collected over the years and in 2002 the City Council passed a motion at a public hearing in which the City assumed all future costs for operation and maintenance and in May 2003 adopted Resolution 7026. Under the collection method contained in Resolution 7026, the property owners contribute annually to pay for capital repairs of the parking lot and associated walkways. The fixed annual contribution from the property owners totals $14,200, less the earned interest on the accumulating balance. The accumulated balance in the account is $144,887 as of October 2021.

The City, through the General Fund, is responsible for covering the costs for annual maintenance and operations of PMD 122 and that has continued to be the arrangement through the present day. In FY 2021/22, the City budgeted $138,163 to cover the day-to-day maintenance of PMD 122.

On several occasions Council has discussed the allocation of PMD 122 costs because the City pays for all of the day-to-day maintenance and there was sentiment by some members of the Council that the property owners should pay some of these costs, similar to how PMD 122 was funded prior to 2003. On May 4, 2021, Council directed staff to engage PMD 122 property owners and discuss opportunities for reallocating operations and maintenance costs more equitably between the City and property owners since costs have increased since 2003. Later in this report, the State law process for administering PMD 122 is provided but, in short, any change requires a favorable voter outcome of those impacted by the assessment. It should be noted that regardless of changes to the funding allocations in the PMD, the City is responsible for the upkeep and maintenance of the City-owned improvements at Franklin Square. Absent changes to the funding allocations, only changes to the level of service of upkeep and maintenance could reduce the City’s share of the annual maintenance cost.

DISCUSSION
Staff developed a plan to implement this request which included property owner coordination and City of Santa Clara Page 1 of 4 Printed on 6/8/2022
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22-1672 Agenda Date: 1/25/2022
engagement, a survey, and follow up with Council.

Property Owner Engagement July 2021
All PMD 122 property owners were contacted and invited to a virtual meeting on July 12, 2021. At this meeting, staff summarized the background of the past and current PMD 122 cost sharing arrangements and the direction from the Council to engage property owners to see if they are amenable to paying a portion of the operations and maintenance costs which have risen over the last 19 years. The property owners conveyed some of their concerns about PMD 122 and were encouraged to propose funding alternatives for consideration and ask questions. A copy of the minutes from the July 12 meeting was distributed to all the property owners following the meeting and can be viewed in Attachment 1.

Survey
Following the meeting, staff developed a series of survey questions designed to gauge property owners’ amenability to contributing to the annual maintenance. In general, the purpose of the survey was to gauge the property owners’ willingness to shift a portion of the PMD 122 operations and maintenance costs to the property owners. A virtual meeting was scheduled for October 21, 2021 to review the draft survey questions with the property owners to ensure that everyone understood the questions and to receive suggestions prior to finalizing the survey and sending it out. Prior to the meeting, the City was contacted by David DeLozier who indicated that the property owners had been discussing this item and were not in support of changing the current cost allocations included in PMD 122. Mr. DeLozier indicated that the property owners would be submitting a petition that would also include the merchants.

Property Owner and Merchant Petition
The property owners and merchants circulated a petition for no changes to PMD 122, which was signed by all the property owners and most of the merchants. The signed petition (Attachment 2) was submitted to staff on October 19, 2021 which made it clear that a survey was not necessary to gauge PMD property owners’ interest in financially contributing to operations and maintenance.

Property Owner Engagement October 2021
All PMD 122 property owners were contacted and invited to a virtual meeting on October 21, 2021.

The initial purpose of the meeting was to review proposed survey questions developed by staff to ensure that the property owners understood the questions and to get their input to see if any of the language needed to be modified to make the questions more clear. At the end of the meeting it was determined that due to the petition from the property owners, there was no need to proceed with the survey. Staff discussed next steps with the property owners in attendance and indicated a report would be prepared for Council at a meeting to take place in early 2022. A copy of the minutes from the October 21 meeting can be viewed in Attachment 3.

During prior meetings, Council had raised questions about the procedures for modifying and dissolving PMD 122. Staff has included the information on both of those processes below.

Process for Modifications to PMD 122
Any decision by the Council to increase the assessment (e.g., to increase the property owners’ share of operation, maintenance, and capital costs or to modify the formula used to calculate the amount of the assessment levied on any individual parcel) must follow the assessment balloting procedure required by Proposition 218. That procedure consists of three basic steps:

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22-1672 Agenda Date: 1/25/2022
(1) Notice to Property Owners - Mailed notice of the proposed modification to the 11 property owners within PMD 122. The notice must contain the following information: the total amount to be assessed across PMD 122; the amount chargeable to each parcel individually; the duration of the payments; the basis upon which the assessment was calculated; the date, time, and location of the public hearing on the proposed modification; and a ballot on which the owner can indicate support for or opposition to the proposed modification. (2) Public Hearing - At least 45 days after the date of the mailed notice, the Council must hold a public hearing to consider protests and tabulate the ballots on the proposed assessment. (3) Ballot Tabulation - Ballots are weighted according to the proportional financial obligation of the affected property. For PMD 122, the assessments are calculated based on the gross floor area of the building(s) on each parcel and therefore the ballots would be weighted accordingly.

If the ballots submitted in opposition exceed the ballots submitted in support, then the City may not impose the modified assessment.

Process for Dissolving PMD 122
Proposition 218 does not govern the dissolution of PMD 122 because dissolution has the effect of eliminating, rather than increasing, the assessment. Therefore, only the City Code and Streets and Highways Code would apply. Under those laws, dissolution is not subject to the approval of property owners within the district. The Council can dissolve the maintenance district by: (1) adopting a resolution of intention to dissolve the district; (2) between 10 and 30 days later, conducting a public hearing on the dissolution; and, (3) adopting a resolution dissolving the district. A resolution dissolving the district would only need a simple Council majority to pass. If Council votes to dissolve PMD 122, extraordinary maintenance activities can continue to utilize PMD 122 assessment funds until the balance is exhausted. After the funds are exhausted the City would be required to fund the extraordinary maintenance in its entirety.

Staff notes that as a practical matter, dissolution would merely eliminate the property owners’ assessments as a funding source for capital improvement costs. Dissolution would not relieve the City’s responsibility for upkeep and maintenance of the City-owned improvements at the Franklin Square Mall. As such, the Council direction to determine how property owners pay more for services offered through PMD 122 would not be achieved.

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 fiscal impact associated with this report.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website City of Santa Clara Page 3 of 4 Printed on 6/8/2022
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22-1672 Agenda Date: 1/25/2022
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
Note and file this informational report.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. July 12, 2021 minutes from meeting with PMD 122 property owners

2. Signed petition

3. October 21, 2021 minutes for meeting with PMD 122 property owners City of Santa Clara Page 4 of 4 Printed on 6/8/2022
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-713 Agenda Date: 6/21/2022

REPORT TO COUNCIL

SUBJECT
Informational Report Regarding Council’s Request to Explore Alternatives to Fund Operations and Maintenance Costs for Parking Maintenance District No. 122 - Franklin Square

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Parking Maintenance District No. 122 (PMD 122) was formed in 1965 for the parking lots, arcades, fountains, sidewalks, landscaping, irrigation, lights, and utilities within Franklin Square, which is bounded by Benton Street, Homestead Road (formerly known as Liberty Street), Monroe Street, and Jackson Street. There have been several changes in how maintenance and operations costs have been collected over the years and in 2002 the City Council passed a motion at a public hearing in which the City assumed all future costs for operation and maintenance and in May 2003 adopted Resolution 7026. Under the collection method contained in Resolution 7026, the property owners contribute annually to pay for capital repairs of the parking lot and associated walkways. The fixed annual contribution from the property owners totals $14,200, less the earned interest on the accumulating balance. As of December 31, 2021, the interest-bearing account contained $145,305.

The City, through the General Fund, is responsible for covering the costs for annual maintenance and operations of PMD 122 and that has continued to be the arrangement through the present day. In FY 2022/23, the City proposed a budget of $137,521 to cover the day-to-day maintenance of PMD 122.

On several occasions Council has discussed the allocation of PMD 122 costs because the City pays for all of the day-to-day maintenance and there was sentiment by some members of the Council that the property owners should pay some of these costs, similar to how PMD 122 was funded prior to 2003. On May 4, 2021, Council directed staff to engage PMD 122 property owners and discuss opportunities for reallocating operations and maintenance costs more equitably between the City and property owners since costs have increased since 2003. Staff completed that request and on January 25, 2022, a summary report was provided to Council, (RTC 22-1672, Attachment 1), explaining that the property owners were not in favor of changing the cost allocations of PMD 122.

DISCUSSION
At the Council Meeting on April 19, 2022, there was additional discussion on the topic of increasing PMD 122 costs, so the property owners contribute towards the annual operation and maintenance costs of Franklin Square. Council requested that staff explore alternative funding mechanisms that may assist the City in recovering money for annual maintenance and operations and return to Council with that information. As discussed in the background section staff already spent time working with the property owners over the course of several months. There are no additional options City of Santa Clara Page 1 of 3 Printed on 1/30/2023
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22-713 Agenda Date: 6/21/2022
to increase contributions since the property owners already expressed to the City that they are not interested in an increase, and increases cannot be assessed unless the property owners agree by ballot. One other option that came up during the April 19, 2022 Council meeting involved the concept of implementing paid parking at Franklin Square.

Currently, the City of Santa Clara does not operate paid parking areas and any consideration of changing to paid parking at Franklin Square would require a study that includes items such as:
· Evaluating on street parking and parking lots that are part of Franklin Square · Obtaining parking counts
· Conducting outreach events with business owners, tenants, adjacent neighborhoods and public
· Evaluating different paid parking strategies and cost ranges · Analyzing options for designing, installing, and maintaining paid parking equipment · Reviewing enforcement strategies and potential costs
· Preparing a financial analysis of improvement costs, maintenance costs, paid parking revenues and potential profits
· Assessing potential impacts to on street parking in adjacent neighborhoods Staff estimates a study like the effort described above could cost up to $150,000 and could take approximately 18 months to complete. The funding source for this effort would be the General Fund so if there is a Council desire to move forward with this type of study then it should be discussed and prioritized during the City’s Priority Setting Session.

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 fiscal impact associated with this report.

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

RECOMMENDATION
Note and file this informational report.

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22-713 Agenda Date: 6/21/2022
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Agenda Report 22-1672 from January 25, 2022
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-196 Agenda Date: 4/18/2023

REPORT TO COUNCIL

SUBJECT
Adoption of a Resolution of Intention for Santa Clara Convention Center Complex - Maintenance District No. 183

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
In April 1980, the City Council adopted an ordinance providing an alternative method for annually fixing and levying a special benefit assessment for the maintenance districts in the City of Santa Clara. That ordinance (SCCC Section 16.10.490) was required because Proposition 13 prohibited the City from continuing its prior practice of assessing maintenance costs based upon assessed value.

The ordinance requires that an annual report is prepared for each maintenance district, which would set the budget for the ensuing year and the formula for the annual assessment levy, and provide a description of each property, including the amount of assessment to be levied against each lot.

The original lease agreements between the Redevelopment Agency of the City of Santa Clara, Santa Clara Convention Hotel Limited Partnership (Hotel), and SCCC Associates II (Techmart) provided for the formation of the District. These agreements also served to apportion the funds necessary to maintain and operate the common improvements serving the Convention Center, Hotel, and Techmart. Hudson Techmart Commerce Center L.L.C. currently owns Techmart, Hyatt Regency Santa Clara is the current Hotel owner, and the Convention Center building is owned by the City of Santa Clara. Each of these three parties are responsible for a share of the FY 2023/24 maintenance assessment, which is set by the annual budget.

In June 1986, Council Adopted Resolution 5081 that formed the Santa Clara Convention Center Complex - Maintenance District 183 (MD 183) and established the mechanism for funding maintenance and operations on an annual basis. There are two components of this annual funding.

The first component is the overall cost of maintaining and operating the general infrastructure consisting of things such as pavement, sidewalk, walkways, covered walkways, signs, landscaping etc. The cost for maintaining these items is split by 39.64 percent to the City of Santa Clara (City),

22.94 percent to the Hyatt Regency Hotel (Hyatt) and 37.42 percent to Hudson Techmart Commerce Center LLC (Techmart). The second component includes the cost of maintaining and operating permanent parking controls such as fixed signage, electronic signage and other parking related equipment. The costs for these items are allocated 30.04 percent to the City, 22.12 percent to the Hyatt, and 47.84 percent to Techmart.

The third and final component includes the overall costs for maintaining and operating temporary parking controls such as movable barriers, temporary parking attendants and guards, adjustable City of Santa Clara Page 1 of 3 Printed on 4/13/2023
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23-196 Agenda Date: 4/18/2023
gates, and signage. The costs for these items are allocated 78.72 percent to the City, 10.64 percent to the Hyatt, and 10.64 percent to Techmart.

DISCUSSION
The annual assessment for MD 183 maintains common improvements including, but not limited to, surface and structural parking areas (parking garage), landscaping, roadway, pedestrian bridges, space frames, fountains, and exterior lighting. In addition to the costs of maintaining and operating the common improvements, the proposed total cost includes expenses related to the City’s cost to administer the District, insurance, and utilities.

City staff prepared a draft Director’s Report for FY 2023/24 (Attachment 1), which shows the formula for the annual assessment levy, parcel descriptions, and amount of assessment to be levied against each parcel. Based on that report, the total fiscal year 2023/24 annual budget for MD 183 is $1,919,119. $145,000 is being carried over from the current fiscal year for asphalt construction work as the project timelines have shifted which will offset contributions towards the FY 2023/24 contributions. Based on that surplus funding that is carried over, the remaining $1,774,119 will be funded through the City ($805,383), Hyatt ($374,265), and Techmart ($594,471). The report has been delivered to each property owner in the District, and a copy has been filed with the City Clerk’s Office.

Discussions between staff, property owners and all interested tenants were conducted via email correspondence and at a meeting held on March 1, 2023. A second meeting will be held to continue discussions about the Director’s Report on April 5, 2023.

In conjunction with preparing the report, the Council is required to hold a public hearing, prior to which a Notice of Public Hearing (Attachment 2) will be posted and published in the Santa Clara Weekly. As recommended in this report, a Resolution of Intention for Maintenance District No. 183 FY 2023/24 (Attachment 3) has been prepared and sets June 6, 2023 as the public hearing date. If the Council approves the budget on June 6, the confirmed assessments will be sent out by the City for collection.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The total FY 2023/24 maintenance cost for Maintenance District No. 183 is estimated at $1,919,119.

Of this amount, $145,000 is being carried over from the current fiscal year, and a FY 2022/23 budget amendment will be brought forward in the February/March 2023 Monthly Financial Report to reflect this planned action. The remaining balance of $1,774,119 will be funded by the partners. Approval of the assessment would result in the City collecting $968,736 in revenue from the Hotel and Techmart to fund the maintenance of common improvements at the Convention Center Complex. The balance of the cost, $805,383, would be funded by the City’s General Fund as the owner of the Convention Center building. The funding is included in the FY 2023/24 Proposed Operating Budget.

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

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On May 17, 2023, the Notice of Public Hearing for the June 6, 2023, Council meeting will be published in the Santa Clara Weekly. In addition, the notice will be posted at the City Clerk’s Office and mailed to all property owners within the District.

RECOMMENDATION

1. Adopt a Resolution of Intention to order that the alternative method for the levy of benefit assessment be made applicable to the Santa Clara Convention Center Complex Maintenance District No. 183;

2. Set a hearing date of June 6, 2023 to approve the Director’s Report FY 2023/24; and

3. Authorize the publication, mailing, and posting of the Notice of Public Hearing as stated in the Resolution of Intention.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager

ATTACHMENTS

1. Director’s Report

2. Notice of Public Hearing

3. Resolution of Intention

4. Proposed Assessment
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DIRECTOR’S REPORT

CITY OF SANTA CLARA

SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
FISCAL YEAR 2023/2024
4/18/23
COUNCIL APPROVED: (proposed June 6, 2023)
Director of Public Works/City Engineer
2 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2023/2024

DIRECTOR'S REPORT
The Director of Public Works/City Engineer of the City of Santa Clara, California, pursuant to the provisions of Section 16.10.490 of the Code of the City of Santa Clara, hereby makes this report and the following special benefit assessment to cover the costs and expenses of maintaining and operating the improvements within Santa Clara Convention Center Complex Maintenance District No. 183 of said City, including the costs and expenses incidental thereto, to be paid by said Maintenance District.

The amount to be paid therefore by said Maintenance District for the Fiscal Year 2023-24 is as follows:

As Finally Confirmed
Maintenance and Operations $1,639,119
Permanent Parking Controls $15,000
Reserve for Dynamic Parking Controls $265,000
Exceptional Improvements $0
Funds Advanced by and to be Repaid to City $0
TOTAL COST $1,919,119
Less Amount of Surplus From Prior Years:

Convention Center $57,478
Hyatt Corporation - A Delaware Limited Liability Corporation $33,263 Hudson Techmart Commerce Center L.L.C $54,259
Amount of Reserves: $0
Amount of Contribution: $0 BALANCE OF ASSESSMENT $1,774,119 And I do thereby assess and apportion the amount of said costs and expenses, including the costs and expenses incidental thereto, upon the several lots or parcels of property liable therefore and specially benefited thereby, in proportion to the benefits to be received by each lot or parcel of property, from the maintenance and operation thereof and more particularly set forth in the list hereto attached and by reference made a part hereof.

Each lot or parcel of land is described in the assessment list by reference to its parcel number as shown on the assessor's maps of the County of Santa Clara for Effective Roll Year 2023-24 to the right of the parcel numbers and include all of such parcel.

I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties located within the District receives a special benefit over and above the benefits conferred to the public at large and that the amount of the assessment is proportional to the benefits specially received or enjoyed by each parcel or property within the District.

Date: ___________________________ _____________________________________________ Director of Public Works City of Santa Clara
3 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2023-24

DIRECTOR'S REPORT
TABLE 1. BUDGET
Category Estimated
Cost Description Of Category
Maintenance and
Operation
1,639,119 Labor, materials, supplies and equipment to maintain and operate Maintenance District No. 183 including,
but not limited to water, sewer, electrical and other
utility costs, sweeping of parking lots, maintenance of pavement and sidewalks, pavement striping, signs,
fountains, landscaping, storm drains, lighting, space
frames, parking structure, bridges, other common
improvements, City supervision and management of
maintenance district, insurance, contingencies, and
incidental expenses.

Permanent Parking
Controls
$15,000 Labor, materials, supplies and equipment to maintain and operate fixed directional signs, electronic signs,
automatic vehicle counting devices, cashiering
stations, ticket printer, dispensers, card readers, cashier booths, including regularly scheduled parking
attendants and guards.

Dynamic Parking
Controls
$265,000 Labor, materials, supplies and equipment to maintain and operate movable barriers and barrier placement,
special parking attendants and guards, implementation
of adjustable gates, special directional signs, and
implementation of electronic signs.

Exceptional
Improvements
$0 Special improvement project benefiting special parcel.

Funds Advanced by
and to be Repaid to
City
$0 For deficits which occurred in prior years
TOTAL COST $1,919,119
Less Amount of Surplus From Prior Years:

City of Santa Clara $57,478
Hyatt Regency Hotel Santa Clara $33,263
Hudson Techmart Commerce Center L.L.C $54,259
Amount of Reserves: $0
Amount of Contribution: $0
BALANCE OF ASSESSMENT $1,774,119
4 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2023-24

DIRECTOR'S REPORT
TABLE 2. PROPERTY OWNERS TO BE ASSESSED
Name & Address of Owner
Assessor's
Parcel
Number
As
Preliminarily
Approved
As Finally
Confirmed
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Santa Clara Convention Center (Convention
Center)
104-55-017 $862,861 $805,383
Hyatt Corporation as agent of IA Lodging Santa
Clara TRS, L.L.C dba Hyatt Regency Santa Clara
Eron Hodges – General Manager
5101 Great America Parkway
Santa Clara, CA 95054
(Hotel)
104-55-005
104-55-012
$407,528 $374,265
Hudson Techmart Commerce Center L.L.C
Rebecca Agbuya, Senior Director
2055 Gateway Place, Suite 200
San Jose, CA 95110
(Techmart)
104-55-013 $648,730 $594,471
TOTAL $1,919,119 $1,774,119
Also Send Copy of Director’s Report To:

Hyatt Regency Santa Clara
Eron Hodges – General Manager
5101 Great America Parkway
Santa Clara, CA 95054
Hudson Techmart Commerce Center L.L.C
Rebecca Agbuya, Senior Director
2055 Gateway Place, Suite 200
San Jose, CA 95110
5 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2023-2024

DIRECTOR'S REPORT
TABLE 3. BUDGET/ASSESSMENT COMPARISON
Budget for Fiscal Year 2022-2023 Budget for Fiscal Year 2023-2024 Total
Assessment
Reduced by
Proportion
From Prior
Year’s Surplus
Net Assessment Total
Assessment
Reduced by
Proportion
From Prior
Year’s Surplus
Net Assessment
City of Santa Clara
(Convention Center)
$842,700 $0 $842,700 $862,861 $57,478 $805,383
Hyatt Regency Hotel
Santa Clara
$399,353 $0 $399,353 $407,528 $33,263 $374,265
Hudson Techmart Commerce
Center L.L.C
$636,066 $0 $636,066 $648,730 $54,259 $594,471
TOTAL $1,878,119 $0 $1,878,119 $1,919,119 $145,000 $1,774,119 6 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2023-2024

DIRECTOR'S REPORT
TABLE 4. FORMULA FOR ASSESSMENT LEVY
Category Estimated
Expenditure
City of Santa Clara
(Conv. Center)
Hyatt Regency
Hotel Santa Clara
Hudson Techmart
Commerce Center

39.64% 22.94% 37.42%
I. Maintenance and Operations 1,494,119 $592,269 $342,751 $559,099

30.04% 22.12% 47.84%
II. Permanent Parking Controls $15,000 $4,506 $3,318 $7,176

78.72% 10.64% 10.64%
III. Dynamic Parking Controls $265,000 $208,608 $28,196 $28,196 IV. Exceptional Improvements $0 $0 $0 $0
V. Funds Advanced by/to be Repaid to City $0 $0 $0 $0
VI. Surplus Funds from Prior Year $0 $57,478 $33,263 $54,259 TOTAL ASSESSMENT $862,861 $407,528 $648,730
4I:\MD #183 Convention Center\Assessments\2024April\MD#183 Director's Report 23-24Apr.doc City of Santa Clara
Notice of Public Hearing
Regarding the Levy of Benefit Assessment Applicable to the Santa Clara Parking Maintenance District No. 122, and Approval of Distribution of Director’s Report Fiscal Year 2023/24
Notice is hereby given that the Director of Public Works has requested a report, in writing, to be prepared and filed with the City Clerk, which provides the basis for the levy of benefit assessments for the costs of maintenance and operation on all lots or parcels of property within said maintenance district. Said report sets forth the amounts to be provided in the budget for maintenance and operation; a description of each lot or parcel of property in the maintenance district, by a legal description, assessor's parcel number or other description sufficient to identify the same; and the amount of assessment to be levied for the fiscal year 2023/24 against each lot or parcel of property. Said report is open to public inspection.

Citizens are encouraged to attend the hearing and may submit written and/or oral comments directly to the City Clerk, 1500 Warburton Avenue, Santa Clara, California, 95050; telephone (408) 615-2220.

Nora Pimentel, MMC, Assistant City Clerk
Resolution of Intention for MD No. 183 for FY 2023-24 and Set Public Hearing for June 6, 2023 Page 1 of 5 Rev: 11/22/17
RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA OF INTENTION TO ORDER THAT THE

ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT

ASSESSMENT BE MADE APPLICABLE TO CITY OF SANTA

CLARA CONVENTION CENTER COMPLEX MAINTENANCE
DISTRICT NO. 183, PROVIDING FOR NOTICE OF HEARING

THEREON, APPROVING THE DISTRIBUTION OF THE
DIRECTOR’S REPORT, AND PROVIDING FOR NOTICE OF
HEARING ON DIRECTOR’S REPORT FOR FISCAL YEAR 2023-
24 BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, pursuant to Chapter 16.10 of "The Code of the City of Santa Clara, California” ("City Code"), the City Council of the City of Santa Clara, California ("Council") adopted Resolution No. 5081 on June 3, 1986, creating "City of Santa Clara Convention Center Complex Maintenance District No. 183" ("District") in the City of Santa Clara, California ("City").

Resolution No. 5081 also ordered that the costs and expenses of maintaining and operating the on-site public improvements ("Public Improvements") on the property within the District, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision and any and all other items necessary for the proper maintenance and operation of the Public Improvements be raised by the levy of an annual special benefit assessment apportioned according to special benefits conferred among the parcels of property within the District in accordance with a formula set forth in Resolution No. 5081, and in accordance with and pursuant to the provisions for the alternative method for the levy of benefit assessments in maintenance districts in the City as provided in the City Code; WHEREAS, the Council adopted Ordinance No. 1401 on April 8, 1980, which provided for an alternative method for annually fixing and levying a special benefit assessment within maintenance districts located in the City for said purpose; WHEREAS, in the opinion of this Council, the annual costs of maintenance and operation of the Public Improvements shall be appropriately financed pursuant to the provisions of Ordinance Resolution of Intention for MD No. 183 for FY 2023-24 and Set Public Hearing for June 6, 2023 Page 2 of 5 Rev: 11/22/17
No. 1401 and Resolution No. 5081 and related provisions of the City Code; WHEREAS, pursuant to the provisions of Resolution No. 5081, the City's Director of Public Works has made and filed with the City Clerk a written report ("Director’s Report") setting forth the budget, the formula for the annual assessment levy, a description of each lot or parcel of property to be assessed and the amount of the assessment to be levied against each lot or parcel of property in accordance with said formula for Fiscal Year 2023-24. The costs of operation, maintenance, and servicing of improvements to be funded by the District are apportioned to each parcel in proportion to the special benefit it receives; WHEREAS, City Staff met with the affected property owners on March 1, 2023 to discuss the Director’s Report;
WHEREAS, Articles XIIIC and XIIID of the California Constitution (Proposition 218) requires majority approval of the property owners within the District for any increase in the rate used to calculate the assessment or changes in the methodology by which the assessment is calculated, if that change increases the amount of the assessment imposed on any person or parcel;
WHEREAS, the Director’s Report, Ballot, and public hearing notice are to be sent out at least 45 days in advance of the public hearing to all property owners, and any tenants within the District who are responsible for paying each assessment;
WHEREAS, in the event of an assessment that is greater than any previous assessment, a majority weighted vote of the Ballots (weighting determined by an amount of assessment paid), must be received in order to approve any proposed increase in assessment; WHEREAS, for Fiscal Year 2023-24, the assessments are not increasing and therefore, Proposition 218 requirements does not apply; and
WHEREAS, the Council has duly considered the Director’s Report and finds that it is sufficient and does not require modification.

Resolution of Intention for MD No. 183 for FY 2023-24 and Set Public Hearing for June 6, 2023 Page 3 of 5 Rev: 11/22/17

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

1. That the recitals set forth above are true and correct and by this reference, the Council makes them a part hereof.

2. That the public interest and convenience require and this Council hereby orders that the costs and expenses of acquiring, constructing, reconstructing, installing, extending, enlarging, repairing, improving, maintaining and operating the Public Improvements now existing or hereafter to be constructed in and for the District which benefit the District as a whole, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and of all additions, improvements and enlargements thereto which may hereafter be made, be raised by an annual special benefit assessment in accordance with and pursuant to the provisions for the alternative method for the levy of benefit assessments in maintenance districts in the City, as provided in Section 16.10.490 and Section 16.10.500 of the City Code, on all lots or parcels of property within the District.

3. That the costs and expenses of maintaining and operating the Public Improvements within the District shall annually be assessed, either partly or wholly, upon the benefited lots and parcels of property within the District by apportioning the costs and expenses according to benefits in proportion to the special benefits received by each lot or parcel of property within the District in accordance with the formula set forth in EXHIBIT "B" of Resolution No. 5081.

4. That the City Manager caused a budget to be prepared for the costs of the expenses of maintaining and operating the Public Improvements during fiscal year 2023-24 and the Director of Public Works prepared and filed a Director’s Report with the City Clerk which provides the basis for the levy of benefit assessments for the cost of maintenance and operation on all lots or parcels of property within the District.

5. NOTICE IS HEREBY GIVEN that on Tuesday, June 6, 2023, at 4:00 p.m., at its regular Resolution of Intention for MD No. 183 for FY 2023-24 and Set Public Hearing for June 6, 2023 Page 4 of 5 Rev: 11/22/17
meeting place in the Council Chambers at City Hall, 1500 Warburton Avenue, Santa Clara, California, the Council will hold a public hearing during which it will hear any and all evidence and protests relating to said alternative method for the levy of benefit assessments and said formula for the District, and if the assessment is greater than any previous assessment, certify any ballots received and determine any weighted vote necessary, examine said Director’s Report and hear all persons interested therein. Any interested property owner, who objects to the alternative method for the levy of benefit assessments, the formula, or to the amount of the assessment on any lot or parcel of property owned by him/her, may file a signed written protest with the City Clerk before the commencement of the Council meeting during which the public hearing will be held, describing the lot or parcel of property owned by him/her so that it may be identified and stating the grounds of his/her protest. The property owner may appear at the hearing and be heard with regard to his/her protest.

6. The City Clerk is hereby authorized and directed to a) post a copy of notice of hearing on or near the Council Chamber door or any bulletin board in or adjacent to the City Hall and b) publish a copy of notice of hearing at least once in a newspaper of general circulation, pursuant to City Code Section 16.10.490(p).

7. The Director of Public Works is hereby authorized and directed to give notice of said hearing by mailing a copy of this Resolution of Intention and Director's Report, postage prepaid to record owners of any lot or parcel of property subject to a benefit assessment to pay said costs of maintenance and operation, as determined by the last assessment roll. This Resolution will be available for public inspection in the City Clerk's office; and said mailing shall be done at least forty-five (45) days, and posting and publication shall be completed not less than ten (10) days, prior to the date fixed (June 6, 2023) for the hearing.

8. 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 AND A REGULAR Resolution of Intention for MD No. 183 for FY 2023-24 and Set Public Hearing for June 6, 2023 Page 5 of 5 Rev: 11/22/17
MEETING THEREOF HELD ON THE ___ DAY OF _________, 2023, 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. Director’s Report

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City of Santa Clara
Proposed FY 2023-24
Assessment
RTC #23-196

REPORT TO COUNCIL

SUBJECT
Proposed Assessment for the Santa Clara Convention Center Complex, Maintenance District No.183 Proposed FY 2023-24 Assessment
Entity Amount Less Prior
Years’
Surplus
Total
City of Santa Clara (Convention Center): $862,861 (57,478) $805,383 Hyatt Regency Hotel Santa Clara: $407,528 (33,263) $374,265 Hudson Techmart Commerce Center LLC $648,730 (54,259) $594,471 TOTAL $1,919,119 $145,000 $1,774,119
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-444 Agenda Date: 4/18/2023

REPORT TO COUNCIL

SUBJECT
Action on a Resolution to Oppose Initiative 21-0042A1, “The Taxpayer Protection and Government Accountability Act”

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On October 9, 2018, Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy. The LAP Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, State, and federal levels of government and to provide guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.

The LAP Policy provides that, “If a Council policy relative to the legislation does not exist, the issue is politically controversial, or there is significant local interest in the issue, the proposed legislation including a recommendation to support, remain neutral, or not support the legislation is brought to Council for consideration.”
On May 10, 2022, the City Council adopted Resolution No. 22-9088 to oppose Initiative 21-0042 “The Taxpayer Protection and Government Accountability Act”, a proposition sponsored by the California Business Roundtable targeted for the November 2022 statewide ballot. The measure, (which ultimately did not garner enough signatures for the November 2022 ballot), would have amended the California Constitution to restrict the ability of the electorate as well as local and State governments, to approve or collect taxes, fees and other revenues.

On February 2, 2023, the Secretary of State announced that the proponents of the measure submitted enough valid signatures to qualify on the November 2024 statewide ballot. Staff and the City’s legislative advocacy consultant, Townsend Public Affairs, Inc. (Townsend) recommend the adoption of a new Resolution to oppose Initiative 21-0042A1 “The Taxpayer Protection and Government Accountability Act”.

DISCUSSION
The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:

LIMITS ABILITY OF VOTERS AND STATE AND LOCAL GOVERNMENTS TO RAISE City of Santa Clara Page 1 of 4 Printed on 4/13/2023
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23-444 Agenda Date: 4/18/2023
REVENUES FOR GOVERNMENT SERVICES. INITIATIVE CONSTITUTIONAL AMENDMENT. For new or increased state taxes currently enacted by two-thirds vote of Legislature, also requires statewide election and majority voter approval. Limits voters’ ability to pass voter-proposed local special taxes by raising vote requirement to two-thirds.

Eliminates voters’ ability to advise how to spend revenues from proposed general tax on same ballot as the proposed tax. Expands definition of “taxes” to include certain regulatory fees, broadening application of tax approval requirements. Requires Legislature or local governing body set certain other fees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts.

The Legislative Analyst’s Office’s Fiscal Impact Estimate Report (Attachment 2) is included in this report for reference.

Townsend has prepared a memo that explains the ballot measure’s implications and their impacts in greater detail (Attachment 3) and recommends that the Council adopt a Resolution to oppose the Taxpayer Protection and Government Accountability Act.

The impact of the proposed amendment to the California Constitution is especially concerning to the City. On November 8, 2022, nearly 60% of Santa Clara voters passed Measure H to update the City’s Business License Tax program. The updated Business License Tax (BLT) program, which becomes effective July 1, 2023, will generate approximately $6,000,000 annually to support essential City services such as 911 response times, safe and clean public streets and facilities and the continued delivery of high-quality parks, recreation and library services. Voters also approved Measure G by

81.9% which continued the City’s long-standing transfer of 5% of utilities’ gross receipts to the General Fund. Arguably, however, the proposed constitutional amendment would not apply to the general fund transfer under Measure G because it was not a “new or increased tax.” The Taxpayer Protection and Government Accountability Act would retroactively cancel the BLT measure and possibly other revenue measures passed by voters any time after January 1, 2022, if they do not comply with this measure’s provisions, even if they complied with all laws in effect at the time they were approved. The proposed initiative would give revenue measures approved after January 1, 2022, twelve months to be resubmitted to voters in accordance with the provisions of the Taxpayer Protection Initiative. Unless re-approved by voters, the previously-approved measures would become void after twelve months and the local government would no longer be able to collect revenue under those provisions.

In a joint press release dated February 2, 2023, the League of California Cities, Alliance for a Better California (a coalition of labor groups), California State Association of Counties, California Special Districts Association, California Alliance for Jobs, and the Contract Cities Association joined together to announce strong opposition to the Taxpayer Protection and Government Accountability Act (Attachment 4).

Staff agrees with Townsend’s recommendation to adopt a Resolution to oppose the Taxpayer Protection and Government Accountability Act. Such action aligns with the following legislative guiding principles outlined in the City’s LAP Policy:

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23-444 Agenda Date: 4/18/2023
· Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara
· Protect local revenue sources and prevent unfunded mandates · Protect and/or increase local government discretion.

FISCAL IMPACT
As noted above, City voters passed Measure H on November 8, 2022 ballot, which is anticipated to generate approximately $6,000,000 annually to support essential City services. If passed, the Taxpayer Protection and Government Accountability Act would retroactively cancel Measure H since it was passed by voter after January 1, 2022 and did not comply with all the measure’s provisions (e.g., two-thirds voter threshold requirement for tax increases). Measure G, the utility transfer to the general fund, was not a “new or increased tax” and passed with approximately 80% of the vote and, therefore, will likely not be affected by the proposed law. In the event it is determined that the proposed law does apply to Measure G, it would endanger $30,000,000 annually flowing to the general fund.

The proposed initiative would give those revenue measures falling within the scope of the law and approved after January 1, 2022 twelve months to be resubmitted to voters in accordance with the provisions of the Taxpayer Protection Initiative. Unless re-approved by voters, the previously approved measures would become void after twelve months and the local government would no longer be able to collect revenue under those provisions. Should the ballot measure pass, and both Measures G and H found to fall within the scope of the new law, the City risks losing up to $36,000,000 in potential annual tax revenue.

Additionally, this ballot measure will negatively impact the City’s ability to effectively pass similar ballot measures in the future to generate revenue if the described thresholds are applied. Depending on the type of ballot measure and the likelihood of passage, this Act would make it more difficult to pass tax measures which could cost the City millions in potential revenue loss.

COORDINATION
This report was coordinated with Townsend Public Affairs, City Attorney’s Office, and Finance Department.

City of Santa Clara Page 3 of 4 Printed on 4/13/2023
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23-444 Agenda Date: 4/18/2023

RECOMMENDATION
Adopt a Resolution Opposing Initiative 21-0042A1 “The Taxpayer Protection and Government Accountability Act”.

Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Office of the City Manager

ATTACHMENTS

1. The Taxpayer Protection and Government Accountability Act

2. Fiscal Impact Estimate Report

3. Townsend Memo with Recommendation

4. League of California Cities Joint Press Release

5. Resolution
City of Santa Clara Page 4 of 4 Printed on 4/13/2023
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M E M O R A N D U M
From: Townsend Public Affairs, Inc.

Casey Elliott, Vice President
Date: March 23, 2023
Subject: Taxpayer Protection and Government Accountability Act

OVERVIEW
Under current law, local revenue authority is limited by both statute and a number of voterapproved constitutional provisions, including those added by Proposition 13 (1978), Proposition 218 (1996), and Proposition 26 (2010). Due to these restrictions, local governments have over time become more dependent on state and federal funding rather than general revenues, thus furthering the imbalance between economic/population growth and tax rates.

The Taxpayer Protection and Government Accountability Act would amend the California Constitution to restrict the ability of the state, local governments, and the electorate to approve or collect taxes, fees, and other revenues. It would require voter approval of all state taxes, would further restrict local fee authority by limiting it to the “minimum amount necessary” to provide government services, and would require voter approval for local measures such as franchise fees.

Its provisions would make it easier to challenge local revenue measures by increasing the burden of proof on local agencies while disallowing an agency’s characterization of a measure from being considered in court.

The measure would prohibit city charter amendments that provide for any revenue whatsoever from being submitted to the electorate. It would also prohibit local agencies from placing advisory measures on the same ballot as any general revenue measure and would raise the threshold for voter approval of local revenue measures proposed by initiative to two-thirds.

STATUS
On February 2nd, the Secretary of State announced that the proponents of the measure submitted enough valid signatures to qualify to be placed on the November 2024 statewide ballot.

PROPOSED CHANGES TO LAW
The purpose of the ballot measure is to make it more difficult for local governments and other local agencies and the state to raise revenue by any means. It places new and increased restrictions on every manner of revenue measures and narrows exceptions to its requirements. If enacted, this measure would increase city costs while reducing tax revenues, subject specific charges such as franchise fees to voter approval requirements, and subject cities to increased legal challenges pertaining to existing and proposed tax increases. Further, any clarifying language related to its implementation would need to be passed via another constitutional amendment and would require voter approval.

1. Defines Taxes and “Exempt Charges”
The primary provision of the proposed initiative would be to designate every levy, charge, or exaction of any kind imposed by the state or a local agency as either a tax or an “exempt charge.” Every revenue measure not defined as an exempt charge would be subject to voter approval requirements, some of which the initiative newly imposes or increases.

The list of exempt charges is based on the provisions of Proposition 26 (2010), with some changes. The list includes charges for the actual cost of a government service (such as utilities), charges for the regulatory costs of issuing licenses and performing related inspections and audits, charges for the lease or sale of government property, fines and penalties to punish violations of law, charges for tourism promotion, health care charges to increase Medi-Cal reimbursement rates, and, for local agencies, charges imposed as a condition of property development.

As proposed, every state and local revenue measure not defined as an exempt charge would need to be submitted to the voters for approval.

2. Instates New Ballot Transparency Requirements
Tax measures placed before the voters would be required to include, in both the title and summary and the ballot label, the type and amount or rate of the tax, the duration of the tax, and the use of the revenue derived from the tax. In the case of local general taxes, the phrase “for general government use” would be required and it would be prohibited to include an advisory measure on the same ballot to determine how the electorate would like to see those revenues used. By specifying that a duration must be provided, the proposed ballot measure appears to require taxes to be time limited in duration.

3. Raises Vote Threshold For Local Voter Initiatives From a Simple Majority to Two- Thirds
Local voter initiatives that impose special taxes are currently subject to lower voting thresholds than those initiated by city governing boards. This measure would increase those thresholds from a majority vote to two-thirds. Ultimately, this measure is attempting to reassert the two-thirds voter threshold requirements for tax increases proposed via initiative special taxes. This special tax voter threshold was disputed by the California Supreme Court in cases like California Cannabis Coalition v. City of Upland and subsequent Court of Appeals decisions which have upheld that special taxes proposed by initiative require only simple majority voter approval.

4. Retroactively Cancels Recently Passed Revenue Measures This initiative would retroactively cancel other revenue measures passed by voters any time after January 1, 2022, if they do not comply with this measure’s provisions, even if they complied with all laws in effect at the time they were approved. The proposed initiative would give those revenue measures approved after January 1, 2022 twelve months to be resubmitted to voters in accordance with the provisions of the Taxpayer Protection Initiative. Unless re-approved by voters, the previously approved measures would become void after twelve months and the local government would no longer be able to collect revenue under those provisions. Additionally, the measure specifically prohibits any tax or fee regulating or related to vehicle miles traveled imposed as a condition of property development or occupancy.

5. Prohibits Fees and Taxes From Exceeding “Actual Cost” – Increases Potential for Legal Challenges
For most local fees, the measure would prohibit them from exceeding the “actual cost” and defines actual cost to “the minimum amount necessary,” opening up cities to litigation and judicial secondguessing about whether the city could have chosen a lower level of service or whether it could have achieved the result at a lower cost by other means.

The proposed measure would increase the burden of proof on local agencies to prove that a revenue measure is not subject to voter approval requirements—and that the amount of the charge is reasonable and does not exceed the “actual cost,” or “minimum amount necessary”— from a preponderance of evidence to clear and convincing evidence. This means that the imposition of exempt charges like parking meter fees, regulatory fees, and judicial fines are likely to be fought by any member of the public that views them as “unreasonable.” Furthermore, the measure prohibits a court from considering how a local agency describes, or characterizes, a revenue measure in making its determination, whereas the use of the funds would be required to be a factor in that determination.

This could factor into city processes like the sale of a parcel of land, which is defined within the measure as an exempt charge. To impose an exempt charge under the terms of the initiative, the governing body must pass an ordinance specifying the amount of the exempt charge, in this case, the amount charged to purchase the property. If a city resident contested the sale of the land and argued it was a tax rather than an exempt charge, the language would preclude a judge from assessing the situation under the factoring in the city’s description of the charge as being paid in exchange for an asset. Instead, the court would be required to consider as a factor the use of revenue derived from the charge.

This would mean that the revenue generated from the sale of the property could not be used under the discretion of the governing body, and the governing body would need to demonstrate that the amount of the charge was both “reasonable” and “did not exceed the actual cost” of providing the product to the buyer. Thus, the selling, leasing, or renting of property would be restricted to the city’s cost for providing the parcel to the buyer, instead of selling at market rate or to the person offering the highest amount.

6. Increases State-Level Tax Increases to a Higher Vote Threshold At the state level, the measure would require all state taxes to receive voter approval, in addition to the current requirement for two-thirds approval of both houses of the Legislature. Any increase or imposition of any non-tax charge, however minor, would require approval of the Legislature if it results in any taxpayer paying a higher amount. This requirement would apply to everything from bar exam fees to State Fair ticket prices to any charge for a map, shirt, or deck of cards for sale at a state park. And due to the restrictions on the use of revenue from exempt charges, revenue from map, shirt, and playing card sales at state parks could not be used to support the maintenance of the park, but only to reimburse the minimum amount necessary to provide that map, sticker, or deck of cards to the purchaser.

RECOMMENDED ACTION
Adopt a resolution in opposition to the proposed “Taxpayer Protection and Government Accountability Act” initiative (21-0042A1).

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Resolution/Oppose Initiative 21-0042A1 “The Taxpayer Protection and Government Accountability Act” Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
TO OPPOSE INITIATIVE 21-0042A1 “THE TAXPAYER
PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT”
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, an association representing California’s wealthiest corporations is behind an initiative that has qualified to be placed on the November 2024 statewide ballot; and, WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and, WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and,
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and,
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and,
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities; and WHEREAS, on November 8, 2022, nearly 60% of Santa Clara voters passed Measure H to update the City’s Business License Tax program, which will generate approximately $6,000,000 annually to support essential City services; and
WHEREAS, the measure threatens anticipated City revenue as it would retroactively cancel Resolution/Oppose Initiative 21-0042A1 “The Taxpayer Protection and Government Accountability Act” Page 2 of 2 Rev: 11/22/17
Measure H since it was passed by voters after January 1, 2022 and did not comply with all the measure’s provisions; and
WHERAS, the City would have to resubmit Measure H to the voters for re-approval or otherwise become void after twelve months and the City would no longer be able to collect revenue under those provisions.

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

1. That the City strongly opposes Initiative 21-0042A1 “The Taxpayer Protection and Government Accountability Act; and

2. That the City will join the League of California Cities, Alliance for a Better California (a coalition of labor groups), California State Association of Counties, California Special Districts Association, California Alliance for Jobs, the Contract Cities Association, and other local government organizations throughout the state in their efforts to protect voters and vital local services.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 18TH DAY OF APRIL, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

REPORT TO COUNCIL

SUBJECT
Action on a Request for a Two-Year Special Permit to Use the Santa Clara Marriott Hotel Parking Lot as an Event Site at 2700 Mission College Boulevard (CEQA: Exempt 15304(e) Class 4 - Minor Alterations to Land)
(Deferred from April 4, 2023)

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The applicant, Lauren Iraeta, on behalf of Stuart Event Rentals, is requesting a Two-Year Special Permit pursuant to Zoning Code Section 18.60.030 to allow the Santa Clara Marriott Hotel parking lot located at 2700 Mission College Boulevard to be used as an event site with tenting and lighting. The property is zoned CT - Thoroughfare Commercial, which allows for hotels as a permitted use, but only allows uses to be conducted wholly within an enclosed building. Zoning Code Section 18.60.030 allows 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 adjacent to Great America Parkway along its eastern edge. Surrounding land uses include California’s Great America Amusement Park to the north, Mission College to the west, Intel Museum to the east, and other office and commercial uses to the south including NVIDIA Corporation.

DISCUSSION
The applicant, Santa Clara Marriott Hotel, is requesting a Special Permit to allow use of the hotel parking lot to host corporate and social events. This use is not allowed by right within the City’s Zoning Code, but may be permitted on a temporary basis through the issuance of a Special Permit per City Code section 18.60.030(b).

While the hotel building is currently used to host corporate and social events, allowing the California Ballroom parking lot to also be used as event space is an expansion of this use, including larger events than those that can be accommodated within the hotel building. The applicant has indicated that there will be approximately five to eight events per year held on the California Ballroom parking lot with each event typically three to four days in duration. Depending on the event, there will be around 400 to 800 people in attendance. These events may include setup of tents and lighting.

Because the site is located within a commercial area with surrounding commercial uses, the conduct of outdoor events is not expected to be incompatible with surrounding land uses.

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Per Chapter 18.74 Parking Regulations of the Zoning Code, hotels are required to provide one parking space for each lodging or dwelling unit. The Santa Clara Marriott Hotel has 766 rooms, therefore requiring 766 parking spaces with no separate parking requirements for meeting or conference spaces as those uses are considered incidental per the Code to the primary hotel use.

The hotel currently has a total of 1,113 parking spaces on the property with 658 garage parking spaces and 455 surface parking spaces. Events held in the California Ballroom Parking Lot would prevent the use of up to 117 parking spaces which would be closed during events that require a tent set up. During events, 996 parking spaces would remain available, exceeding the number required by the City’s code.

The proposed Permit includes findings of consistency with the Zoning Code and conditions of operation as listed below. The Permit conditions address additional permit requirements, cleaning of the lot, and nuisance avoidance:

1. This Special Permit shall allow the Santa Clara Marriott Hotel parking lot to host events for a twoyear period from January 1, 2023 to December 31, 2024;

2. The applicant shall comply with all Zoning Ordinance regulations regarding temporary and permanent structures and obtain all necessary Building and/or Fire Department permits;

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

9.10.040, noise and sound regulation;

4. The applicant shall obtain temporary sign permits for all temporary signs advertising events;

5. The applicant shall comply with Fire Department directives and requirements;

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

7. This permit is subject to revocation by the Planning Division for violation of any of its conditions of approval, and;

8. At the conclusion of the event, the parking lot shall be cleaned and returned to its prior condition.

9. If the applicant proposes a public event to be held on the same day as a Major Event at Levi’s Stadium, the applicant shall submit a draft operations plan for the proposed public event at least 30 days in advance for City review, comment and subject to the approval of the Police Department. Approval of a final event operations plan shall be required and applicant shall conduct the event in accordance with the operations plan approved by the Police Department.

The proposed Special Permit, with a limited duration is not anticipated to adversely impact the surrounding land uses in that the parking lot will be utilized as an event site throughout a period of two years and will be subject to conditions which mitigate any potential negative impact. The Special Permit is subject to revocation should problems arise.

ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15304(e) (Class 4 - Minor Alterations to Land) as it consists of the minor temporary use of land having negligible or no permanent effects on the environment, such as carnivals and the sale of Christmas trees. The proposed corporate and social events would be consistent with such allowable temporary uses.

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense. The applicant paid for the necessary permit fees.

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COORDINATION
This report has been coordinated with the City Attorney’s Office

RECOMMENDATION
Approve the Use of a Categorical Exemption per CEQA 15304(e) Class 4 - Minor Alterations to Land and Approve the Request for a Two-Year Special Permit to use the Santa Clara Marriott Hotel Parking Lot as an Event Site at 2700 Mission College Boulevard, subject to conditions.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Office of the City Manager

ATTACHMENTS

1. Site Plans
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CCACC DIAGRAM
APRIL21-23, 2023

SANTA CLARA MARRIOTT
2700 Mission College Blvd
Santa Clara, CA 95054
Santa Clara Marriott
2700 Mission College Blvd
Santa Clara, CA
KEY:
- 40x 120 Tent with full wall
••Tent secured with 5001b cement blocks on each leg ••House power for exit signs/tent lighting NS - No Smoking Sign
EXIT - Exit Sign
FE - Fire extinguisher
OC - Occupancy Sign - Occupany is 320 persons
Santa Clara Marriott
2700 Mission College Blvd
Santa Clara, CA
KEY:
- 50x80 Tent with full wall
**Tent secured with 2k cement blocks on each leg ••House power for exit signs/tent lighting NS - No Smoking Sign
EXIT - Exit Sign
FE - Fire extinguisher
OC - Occupancy Sign - Occupany is 266 persons
Santa Clara Marriott
Event: Linked-In Conference
2700 Mission College Blvd
Santa Clara, CA
-CANOPY ONLY, NO WALLS
••Tent staked into aspalt ••Power for cateing tents and Exit Signs KEY:

NS - No Smoking Sign
EXIT - Exit Sign
FE - Fire extinguisher
(3) Pods: 1 Fire Pits
with 5 wooden
chairs+ 3 blankets
(6) Set Ups: 1
Harvest table
with 2 benches
(8) Set Ups: 1
Harvest Bar Table
with 6 barstools
1(14) Catalina Wood
Cocktail Tables
(4) Bars
M •
■
•
(5) Food Trucks D
(1) Ice Cream Food Truck
(4) Custom Corn Hole
(2) Music Duos
Hedges
imeter = low
Entrance/Swag= high
-
■
(2) Harvest Tables for -
Tote Bags
(2) Wooden Bars for Swag
Vendors D
FIVETRAN lighted sign

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-446 Agenda Date: 4/18/2023

REPORT TO COUNCIL

SUBJECT
Informational Report on 2023 Q1 Legislative Updates

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On October 9, 2018, the City Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy. The LAP Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government. The policy also provides guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.

The Council is required to annually adopt or update LAPs at the beginning of the calendar year to identify specific legislative priorities outside of the LAP Policy’s legislative guiding principles. On March 21, 2023, the City Council adopted eleven (11) LAPs for 2023 on the following key issues:
· Broadband, Cable Services, and Wireless Facilities
· Community Services
· Emergency Management
· Energy Legislation, Regulations and Issues
· Housing
· Human Resources and Public Sector Employment
· Public Safety
· Regional Issues and Collaboration
· Sustainability and Environmental Protection
· Transportation Issues
· Water Supply and Conservation
The LAP Policy also requires staff to provide quarterly legislative updates on public policy items of interest to the Council and provide Council copies of letters or summary of actions on legislative items.

In coordination with City staff, the City’s legislative advocacy consultant, Townsend Public Affairs, Inc. (Townsend), tracks and monitors legislation and advocates the City’s position on various legislation at the State and federal levels of government. This report provides an update on such efforts.

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DISCUSSION
Since the start of the calendar year, staff and Townsend Public Affairs have been tracking and monitoring various legislative items. The 2023 Q1 legislative tracking matrix summarizes State priority legislation (Attachment 1). The bills are grouped by their aligned LAP, guiding principle for legislative advocacy, or approved City policy (e.g., City Council Goals and Priorities), and a summary has been provided for each bill.

The LAP Policy outlines the following procedures which have streamlined the City’s legislative review and advocacy process:
· If Council has previously adopted a policy directly relevant to the legislation or the proposed legislation is generally consistent with the City’s overall guiding principles for legislative advocacy or LAP, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the city as further detailed below. · Letters and other communications expressing the City’s position on legislation will customarily bear the signature of the Mayor in accordance with City Charter Section 704.2 - 704.3. If the legislation’s principal impact affects the City’s operation, the communication may be signed by the City Manager.
· In order to keep the Council informed of all City communications on legislation, copies of the letter or summary of actions will be distributed to the City Council as information items in the Council Meeting Agendas.

The City has taken action on some of the issues outlined below (e.g. submitted a letter of support, voted at a Cities Association of Santa Clara County Legislative Action Committee meeting, etc.), consistent with an adopted policy directly relevant to the legislation or the City’s overall guiding principles for legislative advocacy or LAP. Those actions are documented in the 2023 Q1 Legislative Action Summary (Attachment 2) as required by the LAP Policy to provide copies of the letters or a summary of actions to the City Council.

State Legislative Update and Outlook from Townsend
The month of March saw the State Legislature’s quick pace of considering and amending legislation to ensure bills progressed through their first house. In addition to the growing momentum of legislative progress within the Legislature, March featured numerous developments related to addressing priority issues such as homelessness, mental health reform, and high gas prices.

Notable legislative events from March include the failure of numerous bills in the Assembly and Senate Public Safety Committees related to enhanced sentencing for opioid possession and distribution. Members voted along party lines on legislation like SB 44 (Umberg), which would have required courts to provide a written admonishment to those convicted of fentanyl drug offenses, warning them of criminal liabilities if they sell a fentanyl product that kills another person. This bill, along with other measures with enhanced criminal penalties for fentanyl possession, failed in these committees. The debate over the matter hinged on whether adding to the state’s penal code would tangibly reduce opioid deaths, or rather strain existing prison resources and impact lower income communities.

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In addition to policy committee events, March saw a number of bill amendments. Since the bill introduction of February 17th, the Legislature produced 1,751 Assembly Bills and 881 Senate Bills, for a total of 2,632 bills. Of those bills introduced, there were 495 spot bills and 551 intent bills between the two houses, for a total of 1,046 placeholder measures. That means 40% of the introduced bills were placeholder measures in need of substantive language amendments.

Governor Newsom Tours State to Discuss Priority Issues: Homelessness, Prison Reform, Public Safety, and Mental Health Care
In lieu of a State of the State this year, Governor Newsom opted to hold a statewide tour and meet directly with residents and make major announcements related to reducing homelessness, improving public safety, reducing health care costs, and initiating mental health care reforms. The tour took place during the week of March 16th.

The first announcement regarding reducing homelessness was made in Sacramento. During this first announcement, the Governor discussed state funding programs aimed at reducing homelessness, including the $1 billion poised to be distributed to cities, counties, and continuums of care as part of the fourth cycle of the Homeless, Housing Assistance, and Prevention (HHAP) grant program.

Additionally, the Governor discussed investments in encampment resolution, including a $30 million investment to build 1,200 tiny homes across the state this year. The homes, some as small as 120 square feet, can be assembled in 90 minutes and cost a fraction of what it takes to build permanent housing. The Governor said the homes can create space to help clear homeless encampments that have sprung up across the state’s major cities.

Following his announcement on homelessness efforts, the Governor made his second announcement regarding public safety and prison reforms from San Quentin Prison. He announced that the prison will be renamed to the “San Quentin Rehabilitation Center.” The prison will move from a maximum-security prison to a prison focused on education, training, and rehabilitation. Maximumsecurity inmates will begin to be moved to other prisons to allow for the change. The Governor has asked the Legislature for $20 million for this initiative in the upcoming budget cycle. The new San Quentin Rehabilitation Center takes practices found in places such as Norway, the Governor discussed. The Governor also remarked, "We want this to be the preeminent restorative justice facility in the world.”
In his third announcement, the Governor discussed the State’s progress toward public safety and health reforms, including addressing the fentanyl crisis. The Governor announced that the State would begin to manufacture and distribute its own opioid antagonist medicine through its contract with CalRx. CalRx was authorized in 2020 as part of the state’s efforts to partner with drug makers that could produce cheaper generic alternatives to existing drugs that are no longer protected by patents, including naloxone and insulin. Governor Newsom has approved $100 million in the state budget for the project. These budget efforts are likely to complement legislative proposals seeking to expand access and education relating to opioid antagonist drugs On Sunday, March 19, the Governor concluded his tour by discussing reforms that would go on the 2024 ballot to improve how California treats mental health and substance use disorders. The Governor’s proposal breaks down to three main components:

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· A general obligation bond to finance the construction of thousands of new community mental health facilities throughout the state.
· Reforms to the MHSA, directing $1 billion annually to pay for housing and other communitybased residential solutions, expanding treatment eligibility to include those with substance use disorders, and creating greater flexibility in the use of remaining funds. · Alignment of behavioral health benefits across all health plans in California and new accountability and oversight measures for county behavioral health plans. (more to come) As to what comes next, the Governor stated, “The Administration plans to work in close partnership with legislative leaders in this space including Senator Eggman and Assemblymember Jacqui Irwin, as well as with the California State Association of Counties, other critical local government stakeholders, community-based service organizations, advocates, and people with lived experience as bill language is developed.”
Governor Newsom Announces the Easement of Drought Restrictions On March 24th, Governor Newsom announced the state’s plan to ease previous Emergency Drought Restrictions. The following restrictions have been eased, while some have been maintained in line with the States’ water preservation measures:
· Ends the voluntary 15% water conservation goal, continues to encourage using water wisely; · Ends requirement that local water agencies implement level 2 drought contingency plans; · Maintains ban on wasteful water uses, like watering ornamental grass on commercial grounds; · Preserves current emergency orders focused on groundwater supply; · Maintains orders on specific watersheds that have not benefited as much from recent rains; · Retains state of emergency for all 58 counties so response and recovery efforts can continue.

These actions come as the state announced increased water deliveries to 29 public water agencies that serve 27 million Californians, now expecting to deliver 75% of requested water supplies - up from 35% announced in February, and the highest since 2017.

While the winter storms have mitigated some issues related to the drought, the Governor iterated that regions and communities across the state continue to experience water supply shortages, especially communities that rely on groundwater supplies that have been severely depleted in recent years.

Federal Legislative Update and Outlook from Townsend
The last month has seen Congress settle in after the leadership battles that took up much time at the beginning of the year and begin looking towards the policies that will be considered in the coming year. The House and Senate have appointed members to various leadership positions and committee seats. Additionally, the annual appropriations process has begun, even though President Biden has not yet released his proposed federal budget.

Bipartisan Wildfire Caucus
On March 28th, Senator Dianne Feinstein (D-Calif.) joined Senator Steve Daines (R-Mont.) and Representatives Joe Neguse (D-Colo.) and John Curtis (R-Utah) to launch the Bipartisan Wildfire Caucus. After record-breaking wildfires devastated communities across the western United States, this congressional caucus was created to elevate awareness and bipartisan consensus around wildfire management, mitigation, preparedness, and recovery.

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Facilitating Investments Required for Emergency Services to All Towns in Our Nation (FIRE STATION) Act
On March 27th, the bipartisan FIRE STATION Act was introduced to help construct and upgrade fire stations across the country. This legislation authorizes $750 million in fire station construction grants administered by the Federal Emergency Management Agency (FEMA) for modifying, upgrading, and building fire and EMS department facilities, including local fire and EMS stations and fire training facilities.

If enacted, grant funding could be used to:
· Build, rebuild, or renovate fire and EMS department facilities. · Upgrade existing facilities to install exhaust emission control systems; install backup power systems; upgrade or replace environmental control systems, such as HVAC systems; remove or remediate mold; and construct or modify living quarters for personnel. · Upgrade fire and EMS stations or build new stations to meet modern building codes and standards as set by the National Fire Protection Association and International Code Council.

The legislation would require FEMA to allocate 25% of the grant funding for career fire and EMS departments, 25% for combination fire and EMS departments, and 25% for volunteer fire and EMS departments. The remaining 25% would be open to competition between the various department types. Grantees must meet prevailing wage and labor standards requirements under the DavisBacon Act, and procurement requirements under the Buy American Act. Grant awards would be limited to $7.5 million per project.

Senator Van Hollen and Congressman Pascrell had previously introduced a version of this legislation in the previous congress, titled the Fire Station Construction Grants Act.

This legislation is endorsed by the International Association of Firefighters (IAFF), International Association of Fire Chiefs (IAFC), National Volunteer Fire Council (NVFC), Congressional Fire Services Institute (CFSI), and National Fire Protection Association (NFPA).

H.R. 1, Lower Energy Costs Act
This week the House passed H.R. 1, the Lower Energy Costs Act. The bill focuses on lowering costs by restoring America’s energy independence. Under H.R. 1, the federal permitting process would be modified for all industries and oil and gas leasing would be expanded.

The legislative package - which combines about 20 different measures approved by the House Energy and Commerce, Natural Resources, and Transportation and Infrastructure committees - would also:
· Modify how revenue from energy leasing is shared among states and the federal government. · Give the Federal Energy Regulatory Commission exclusive authority to approve or deny applications related to the export or import of natural gas to or from a foreign country. · Repeal several incentive programs established or expanded by Democrats’ 2022 tax, health care, and climate change law (Public Law 117-169), including a program imposing fees for methane emissions.

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H.R. 1 passed the House of Representatives on March 30th and has moved to the Senate for consideration.

HUD Makes Available an Additional $3.4 Million in American Rescue Plan Funds HUD recently announced that it is making an additional $3,.4 million in American Rescue Plan (ARP) funding available to help HUD’s Fair Housing Initiatives Program (FHIP) agencies combat housing discrimination related to the COVID-19 pandemic. This can be discrimination on the perception that someone has COVID (i.e., Black, Brown, Asian communities may have the stigma of having COVID and landlords don't want to rent to them) or people who have suffered evictions because of loss of income due to no work because of the pandemic.

The funds constitute the fourth round of ARP funding that focuses on COVID-19 related housing discrimination. To date, more than $16 million in ARP funding has been awarded to FHIP agencies working to address the unequal impact the COVID-19 pandemic has had on communities of color, low-income communities, and other vulnerable populations through projects that encourage a more just, inclusive, and sustainable society. The funding is being awarded through FHIP’s Education and Outreach Initiative (EOI). Organizations that qualify for the funding will be able to use the money to develop, implement, and coordinate education and outreach programs designed to inform members of the public of their rights and obligations under the Fair Housing Act.

The funding that is available can be used to provide fair housing education and outreach services through several vehicles, including mass media and trainings.

The EOI grants now available are:
· ARP National Media Campaign Component (EOI-NMCC) - $1,000,000 - This component provides funds to eligible organizations to create a multi-faceted media campaign to address housing discrimination issues relating to the COVID-19 pandemic, especially in underserved communities.
· ARP EOI Regional/Local/General (EOI-GC) - $2,385,353 - This component provides funding to eligible organizations to prevent, mitigate, and respond to the fair housing related effects of the COVID-19 pandemic through enhanced fair housing education and outreach services and related infrastructure.

FISCAL IMPACT
The City has an existing three-year agreement with Townsend Public Affairs for state and federal legislative advocacy services. These services are included at no additional cost as part of the consultant’s monthly service fee.

COORDINATION
This report has been coordinated with Townsend Public Affairs and the City Attorney’s Office.

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23-446 Agenda Date: 4/18/2023

RECOMMENDATION
Note and file the informational report on 2023 Q1 legislative updates.

Prepared by: Christine Jung, Assistant to the City Manager Approved by: Office of the City Manager

ATTACHMENTS

1. 2023 Q1 Legislative Tracking Matrix

2. 2023 Q1 Legislative Action Summary
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City of Santa Clara
2023 Q1 Legislative Update
Broadband Cable Services and Wireless Telecommunications Facilities LAP AB 965 (Carrillo, Juan D) Local government: broadband permit applications.

Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/14/2023
Last Amend: 3/16/2023
Status: 3/20/2023-Re-referred to Com. on L. GOV. Re-referred to Coms. on C. & C. and L. GOV. pursuant to Assembly Rule 96.

Location: 3/20/2023-A. C. & C.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a city, county, city and county, charter city, special district, or publicly owned utility, to undertake batch broadband permit processing, as defined, upon receiving 2 or more substantially similar broadband permit applications submitted at the same time, within a presumptively reasonable time, as defined. If a city, county, city and county, charter city, special district, or publicly owned utility does not approve those substantially similar broadband permit applications and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time, the bill would require that all of those permits be deemed approved. The bill would specify that these provisions do not apply to eligible facility requests, as defined.

Position
SB 396 (Wahab D) Local government: excavations: notice.

Current Text: Introduced: 2/9/2023 html pdf
Introduced: 2/9/2023
Status: 2/22/2023-Referred to Com. on GOV. & F.

Location: 2/22/2023-S. GOV. & F.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law imposes various duties on local agencies relating to construction and property within its jurisdiction, including by requiring local agencies with jurisdiction to approve excavations to allow microtrenching, as defined, for the installation of underground fiber if the installation in the microtrench is limited to fiber, except as provided. Current law requires, during the project planning phase of certain department-led construction projects, the Department of Transportation to notify companies and organizations working on broadband deployment of the project on its internet website to encourage collaborative broadband installations. This bill would require, prior to commencing any local agency-led excavation projects, as defined, a city, county, or city and county to notify interested parties of the project on its internet website to encourage collaborative installations of important utilities and infrastructure, including, but not limited to, fiber optic cable, undergrounding utilities, or other important services.

Position
Emergency Management LAP
AB 692 (Patterson, Jim R) California Environmental Quality Act: exemption: egress route projects: fire safety.

Current Text: Introduced: 2/13/2023 html pdf
Introduced: 2/13/2023
Status: 3/28/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (March 27). Re-referred to Com. on APPR.

Location: 3/27/2023-A. APPR.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, until January 1, 2030, exempt from the the California Environmental Quality Act (CEQA) egress route projects undertaken by a public agency to improve emergency access to and evacuation from a subdivision without a secondary egress route if the State Board of Forestry and Fire

Page 1 ends

Protection has recommended the creation of a secondary access to the subdivision and certain conditions are met. The bill would require the lead agency to hold a noticed public meeting to hear and respond to public comments before determining that a project is exempt. The bill would require the lead agency, if it determines that a project is not subject to CEQA and approves or carries out that project, to file a notice of exemption with the Office of Planning and Research and with the clerk of the county in which the project will be located.

Position
AB 1168 (Bennett D) Emergency medical services (EMS): prehospital EMS.

Current Text: Amended: 3/16/2023 html pdf
Introduced: 2/16/2023
Last Amend: 3/16/2023
Status: 3/20/2023-Re-referred to Com. on HEALTH.

Location: 3/16/2023-A. HEALTH
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a city or fire district that contracted for or provided, as of June 1, 1980, prehospital EMS, to be deemed to retain its authorities regarding, and administration of, the prehospital EMS when a city or fire district enters into an agreement with a county for the joint exercise of powers regarding prehospital EMS, or that ceased to contract for, provide, or administer prehospital EMS as a result of a judicial finding, as specified, or that contracts with a county to provide prehospital EMS in areas outside of that city or fire district pursuant to statute. The bill would state the Legislature’s intent that a city’s or fire district’s entry into a written agreement with a county for the joint exercise of powers regarding prehospital EMS, as described, does not make the city or fire district ineligible to contract with a county, as described above, or result in the transfer, termination, relinquishment, or extinguishment of that city’s or fire district’s authorities regarding, or administration of, prehospital EMS, and to abrogate contrary judicial holdings.

Position
SB 504 (Dodd D) Wildfires: defensible space: grant programs: local governments.

Current Text: Introduced: 2/14/2023 html pdf
Introduced: 2/14/2023
Status: 2/22/2023-Referred to Com. on N.R. & W.

Location: 2/22/2023-S. N.R. & W.

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Department of Forestry and Fire Protection to establish a local assistance grant program for fire prevention and home hardening education activities and provides that local agencies, among others, are eligible for these grants. Current law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Current law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, and authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as moderate, high, and very high fire hazard severity zones by the State Fire Marshal, as moderate, high, and very high fire hazard severity zones, respectively. This bill would require the department, when reviewing applications for the local assistance grant program, to give priority to any local governmental entity that is qualified to perform defensible space assessments in very high and high fire hazard severity zones who reports that information using the common reporting platform, as provided.

Position
Energy Legislation, Regulations and Issues LAP
AB 1176 (Zbur D) General plans: Local Electrification Planning Act.

Current Text: Amended: 3/23/2023 html pdf
Introduced: 2/16/2023
Last Amend: 3/23/2023
Status: 3/27/2023-Re-referred to Com. on L. GOV.

Location: 3/23/2023-A. L. GOV.

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City Council and Authorities ConcurrentApril 18, 2023

City Council and Authorities Concurrent
April 18, 2023