Agenda packet — City Council and Authorities Concurrent, May 23, 2023 (part 6 of 7)

Business Expense Reimbursement Policy

Table of Contents
Overview ....................................................................................................................................... 2 Business Purpose ........................................................................................................................ 2 Travel Expenses ........................................................................................................................... 3 Mileage ......................................................................................................................................................... 3 Airfare, Hotel, Rental Cars ........................................................................................................................ 3 Airfare ........................................................................................................................................................... 3 Hotel.............................................................................................................................................................. 3 Airport Transportation ................................................................................................................................ 4 Rental Cars .................................................................................................................................................. 4 Meal Reimbursement ................................................................................................................................. 4 Business Entertainment .............................................................................................................. 5 Personal Travel Expenses ........................................................................................................... 5 Team Outings/Offsite Events ....................................................................................................... 5 Employee Gifting .......................................................................................................................... 6 Office Equipment, FF&E .............................................................................................................. 6

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Overview

The following provides an update on our business expense processes and reimbursement policies for business travel and other expenses.

The Business Expense Reimbursement Policy provides guidelines to reimburse staff for reasonable and necessary business expenses. All expense reports must be submitted through Concur. Please be timely in submitting your reimbursement request; reimbursements should be submitted within 60 days.

As a general guideline, an expense must meet the following criteria to qualify for reimbursement. The expense should be:

1. Necessary for the employee to perform their job and documented as such, and

2. Reasonable in cost – as always, common sense prevails

To streamline the process, employees will now book all airfare exclusively through Concur Travel.

To assist with travel arrangements, we have added a dedicated travel resource who can assist with needs related to business travel. The travel service can be reached at [email protected].

Employee expense reimbursements will no longer be accepted for air travel booked outside of the Concur Travel system. This update applies only to air travel and has no impact on hotel, auto, etc. As a reminder, your supervisor with budget authority must pre-approve airfare and hotel reservations.

Additionally, the importance of documenting a clear and concise business purpose for each expense line item cannot be overstated. The business purpose should be stated clearly and should relate directly to the employee’s job responsibilities. This is necessary to help accounting determine the appropriate disposition of individual expense reimbursements. Failure to provide sufficient documentation will result in a delay in reimbursement. Below are general guidelines on the information that should be included when submitting expenses for reimbursement:

Business Purpose

When an expense report is submitted, you must provide a clear and detailed business purpose to support the expense.

Examples:
• Why was the expense incurred?
• What was purchased?
• What type of event does the business purpose relate to? • When/where was the event?
• Please avoid using acronyms in the business purpose field.

The business purpose must be entered for each expense line on your Concur report. If there is not enough room, please continue your explanation in the Comments field. Incomplete information will delay reimbursement.

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Travel Expenses

The Concur tool helps make managing business travel less time consuming. Concur will also help employees stay in compliance with the travel expense policies. As noted above, it is important for you to state a clear business purpose for all reimbursement requests.

Mileage: Mileage reimbursement is based on the maximum IRS standard mileage rate (56 cents per mile as of January 1, 2021) for use of a personal vehicle to travel from your normal place of work to another location for work (e.g., the airport for business travel). Current mileage rates can be found at https://www.irs.gov/tax-professionals/standard-mileage-rates. • As a reminder, mileage from home to Levi’s Stadium (i.e., normal commute) is not reimbursable per IRS guidelines. Mileage to and from a temporary place of work (meeting or conference) is reimbursable, less the mileage of the employee’s normal commute.

Airfare, Hotel, Rental Cars: As noted above, airfare accommodations can only be booked through Concur via our travel partner, Direct Travel ([email protected]). Please work with Direct Travel or the individual in your department responsible for booking travel for assistance.

Airfare: Ensure that your Concur Profile is up to date with your legal name, address, DOB, and Travel Preference section filled out. Business purpose should be stated clearly as mentioned above. Some guidelines when booking airfare:
• The lowest coach/economy airfare with major carriers that works for the employee’s travel schedule should be booked.
• Business Class and First-Class flights are not permitted. The only exception is if such travel is pre-approved by the President before purchase. • Have flights booked as far in advance as possible to get reasonable fares. • Any airfare of $500 or more requires pre-approval by your supervisor with budget authority. • Avoid booking flights and hotels based primarily on frequent flyer accounts if the cost is not reasonably close to comparable alternatives. Fees for airport clubs or frequent flyer programs are not reimbursable.
• Submit receipts for baggage fees, Wi-Fi, meals, etc.

Note: Airfare booked through Concur & Direct Travel will be paid by the Company directly. The employee will not need to submit an expense report for airfare.

Hotel: If needed, email [email protected] for booking assistance. The itemized hotel folio must be submitted; a hotel confirmation or other receipt showing payment is not considered to be sufficient documentation for reimbursement by the IRS. • Hotel stays must be pre- approved by the budget manager. While high hotel costs are occasionally unavoidable (e.g., NFL-mandated meetings in NYC), as a general guideline, hotel stays for business travel should not exceed $250 per night (plus taxes & fees). Attach supervisor email approval when submitting your expense report. • Hotel stays can be booked via Concur. Unlike Concur’s partnership with airlines through which the Company can pay airfare directly, hotels cannot be paid through Concur.

Employees will pay for their own hotel stay and submit an expense report for reimbursement.
• Hotel stays for a conference in the Bay Area are generally not reimbursable.

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• Other hotel expenses:
o Parking – please self-park rather than valet whenever self-parking is available. o Room service – see Meal Reimbursement policy below.
o Phone calls - reasonable phone charges are reimbursable if the employee has not been issued a company phone. Avoid excessive hotel long-distance charges.

Airport Transportation: In general, the mode of transportation used should be the most economical one suitable for the purpose of the trip. • Mileage and economy parking will be reimbursed if parking at a Bay Area airport for business travel.
• Please use a shuttle, ride sharing service, or BART if the round-trip cost is less than economy parking at the airport.

Rental Cars:
• In general, the mode of transportation used should be the most economical one suitable for the purpose of the trip.
• When renting a car, employees should use the 49ers rental company accounts through Concur, unless these options are not available.
• As a general guideline, rentals should be mid-sized or full-sized cars. Please use your judgment and consider Lyft and Uber as alternative options. • Employees booking rental cars through Concur can have the rental direct billed to the 49ers if using Hertz or Avis.
• If not booked through Concur, the employee will be responsible for the charges and will need to submit an expense report for reimbursement.
• Do not accept any insurance on rental vehicles – these charges will not be reimbursed. • Please fill the vehicle with gas prior to returning it to avoid excessive “fill-up” charges added to the rental.
• Please reserve rental cars well in advance due to the high demand and lack of supply in the current market.

Meal Reimbursement:
• The employee in attendance who has the highest level of authority in a group should always pay for the expense (e.g., if a VP and a Director are at a business meal, the VP should pay). • Staff m eals are reimbursable up to a maximum of $76 per full day ($18 maximum for breakfast, $22 maximum for lunch and $36 maximum for dinner). • Itemized receipts are required for reimbursement. Missing receipts will result in reimbursement delay.
• Overages for meals in certain high-cost cities will be reviewed on a case-by-case basis. • Employees should note the business purpose of the meal, including the name/company of the person(s) in attendance, and submit the itemized receipt.

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Business Ent
ertainment
Business meals include reasonable amounts spent on food and other refreshments purchased in surroundings conducive to and including a business discussion with existing or prospective customers.

Entertainment expenses are reimbursable only if the entertainment will directly benefit Forty Niners Stadium Management Company or one of its clients (e.g SCSA, StadCo, etc.)., or if it directly precedes or follows a substantial and bona fide business discussion for the purposes of obtaining income or another business benefit.

Business entertainment expenses include, but are not limited to, such items as the cost of meals and beverages, and the cost of transportation directly related to the above.

If the employee is dining with others for business purposes, the meal and related expenses incurred are “entertainment,” not “meals.”
• “Enter
tainment” expenses require additional explanation on the expense reimbursement report.
• The expense report will include date, names of individuals, titles, and companies, as well as the business purpose (for example: “Lunch with SBL Customer prospect”. This will allow Accounting to charge the expense to the correct client. • The most senior employee present should pay all business entertainment expenses.

Employees should always use their judgment and common sense when charging business meals and entertainment expenses.

Personal Tra
vel Expenses
• As a r
eminder, airfare along with other personal travel expenses should not be booked on Concur or requested as a payroll deduction (AR1). Any such personal expenses (flights, hotel, meals, incidentals, etc.) should be paid directly by the employee (e.g., personal expenses incurred during hotel stay should be paid to hotel by employee via personal credit card). The only exception to the above is if personal expenses are pre- approved for payroll deduction via email by President AND the employee’s VP level manager. Personal expenses can also be pre-approved for payroll deduction by President AND ownership.

Team Outings/Offsite Events
• Team outings should be pre-approved by the budget manager and department VP prior to booking hotel and airfare.
• Expenses for the outing/event should follow the guidelines set above regarding hotel, airfare, meals, etc.

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Employee Gifting

• Recognition for employees in the form of company gifts is administered through our Human Resources (HR) department. Expenses submitted for any “company” gifts that are not part of an HR initiative cannot be reimbursed. This includes gifts given in recognition of personal events or achievements unrelated to work (e.g., birthdays, weddings, baby showers) or in recognition of holidays (e.g., holiday gifts for employees are coordinated through HR).
• Please avoid using gift cards as incentives or employee gifts for work-related achievement. Gift cards and other non-cash gifts should be viewed as income and are taxable to the employee, even though they are not “cash.”

Office Equipment, FF&E

• Purchases of furniture, fixtures and equipment should be coordinated through your department VP and facilities (Bill Howell for SAP Performance Center or Stadium Operations for stadium purchases) and/or IT (computers and handheld devices).

Thank you for your assistance and cooperation. Please contact Esther Chi, Vice President, Controller or Chris Steele, Director, Accounting if you have any questions regarding the policy.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-574 Agenda Date: 5/23/2023

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority for Action on Stadium Manager’s Request for Retroactive Approval of Incurred Expenses for Non-NFL Events-Related Marketing, Networking, Travel, and Entertainment Activities (Deferred from April 4, 2023)

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
Through the Management Agreement between Santa Clara Stadium Authority (Stadium Authority), Forty Niners Stadium Management Company LLC (Stadium Manager), and Forty Niners SC Stadium Company, LLC (StadCo), the Stadium Manager manages and operates Levi’s Stadium on behalf of the Stadium Authority for Non-National Football League (Non-NFL) Events such as concerts, Non- NFL sporting events, and non-ticketed special events and is responsible for marketing and booking Non-NFL events.

The Stadium Manager is required to develop an annual Marketing Plan to outline the Stadium Manager’s plans to develop, implement, and monitor marketing, booking, advertising and promotion of Non-NFL Events for Levi’s Stadium. The Marketing Plan needs to be mutually agreed upon by the Stadium Manager and the Stadium Authority. On March 15, 2022, the Stadium Authority Board noted and filed the 2022 Non-NFL Events Marketing Plan (Marketing Plan) for Fiscal Year (FY) 2022/23.

On March 21, 2023, the City Council adopted Ordinance No. 2058, which provides the Executive Director of the Stadium Authority with signature authority to execute contracts up to $100,000 as allocated to and authorized by the Stadium Authority by adoption of the annual budget. However, the expenses described in this report were incurred prior to Ordinance No. 2058 becoming effective so they require Stadium Authority Board (Board) approval.

In March 2023, the Stadium Manager submitted a request for retroactive approval of expenses incurred by the Stadium Manager on behalf of the Stadium Authority in an amount up to $44,162 for Non-NFL Events-related marketing, networking, travel and entertainment activities that occurred in FY 2022/23. At the April 4, 2023 meeting, the Board voted to continue the item until staff received a detail report from the Stadium Manager.

Per the Board’s direction and staff’s request, the Stadium Manager provided an updated request that includes a detail report with cost breakdown, updated Non-NFL Events-related marketing, networking, travel, and entertainment activity report, and updated the final amount incurred by the Stadium Manager to $39,407 for the Board’s consideration. The Non-NFL Events-related marketing, networking, travel, and entertainment activities include the following:

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Public Events Activities

1. Meeting with Global Dance - 5/6/2022 - Total Spend: $685

2. AXS Sports Facilities & Franchises and Ticketing Symposium - 9/13 - 9/15/2022 - Total Spend:
$3,948

3. Pre-Event Dinner with Soccer United Marketing - 9/24/2022 - Total Spend: $220

4. Messina 50
th Anniversary Pollstar Advertisement - 11/7/2022 issue - Total Spend: $2,267

5. Shipping Supplies for Client Holiday Gifts - November 2022 - Total Spend: $77

6. Los Angeles Meeting with AEG Presents/Concerts West - November 2022 - Total Spend:
$1,115

7. Los Angeles Meetings with Live Nation, AEG, and LA Galaxy - November 2022 - Total Spend:
$558

8. Pollstar Live Conference Los Angeles - 2/21 - 2/23/2023 - Total Spend: $7,271

9. Gridiron Stadium Network Annual Member Meeting - 3/8 - 3/10/23 - Total Spend: $4,119

10.Client/Prospect Meetings with Concacaf, Live Nation and Hard Rock Stadium - 3/23 - 3/25/23 - Total Spend: $2,854
Special Events Activities

1. Meeting Professionals International Northern California Chapter Annual Conference & Expo (MPI ACE) - 4/3/2022 - Total Spend: $642

2. Meeting Professionals International (MPI) World Education Congress (WEC) - 6/21 - 6/23/2022 - Total Spend: $3,134

3. Meeting Professionals International Northern California Chapter (MPINCC) Annual Gala - 7/26/2022 - Total Spend: $524

4. Unique Venues Marketing Campaign Package - Ongoing from September 2022 through March 2023 - Total Spend: $4,890

5. All Things Meetings Sales Event - 10/27/2022 - Total Spend: $1,300

6. Connect Marketplace: Connect West - Conference Registration - 11/9 - 11/10/2022 - Total Spend: $3,788

7. Professional Convention Management Association (PCMA) Convening Leaders Conference - 1/8 - 1/11/2023 - Total Spend: $2,014
The adjusted total of $39,407 reflects final costs for the Pollstar Live Conference, Gridiron Stadium Network Annual Member Meeting, and Client/Prospect Meetings with Concacaf, Live Nation, and Hard Rock Stadium that were originally submitted as anticipated expenses but not final costs because the activities either had just concluded or had not yet occurred at the time of original submission in early March.

DISCUSSION
The Stadium Manager’s updated request letter, detail report with cost breakdown, updated Non-NFL Events-related marketing, networking, travel, and entertainment activity report (attached to corresponding report #23-573), and documentation of charges have been reviewed for consistency against the 2022 Marketing Plan and the Stadium Manager’s Business Expense Reimbursement Policy.

The Public Events activities align with the following 2022 Marketing Plan initiative:

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· Public Events - Continued Proactive Outreach, Networking, and Relationship Building: In the 2022 Marketing Plan, the Stadium Manager stated that it planned to continue being proactive with networking and relationship building with key players in the live entertainment industry, which included repeat visits and touch points to promoters. It also planned to maintain top of mind and relevant within the industry and decision makers by booking in person meetings with executives and attending conferences for networking opportunities. The Stadium Manager noted that it would strive to be proactive in looking for new marquee events and revenue generating opportunities to bring to the City of Santa Clara.

The Unique Venues Marketing Campaign Package under Special Events activities aligns with the following 2022 Marketing Plan initiative:
· Special Events - Monthly Sales & Marketing Campaigns: In the 2022 Marketing Plan, the Stadium Manager said its Special Events team would continue to develop strategic campaigns. The team had planned to execute one email blast or advertisement each month to their existing database and new contacts obtained through outbound sales efforts, industry sponsorships/events, and other industry resources.

In response to staff’s request, the Stadium Manager provided the following information related to the Special Events conferences and travel requests and their alignment with 2022 Marketing Plan objectives:

For the Special Events requests, the conferences and galas you referenced were held by Meetings Professional International (MPI), Connect Meetings, and Professional Convention Management Association. Here are the mission statements/abouts for each of those organizations and events:

1. “MPI will connect the global meeting and event community to learn, innovate, collaborate and advocate.”

2. “The best event planners based in Nevada and Arizona through to California meet with suppliers to plan future national association, corporate and international meetings in the Western U.S. The ROI here will rekindle memories of the Gold Rush of years gone by! Planners will experience the Connect difference with our highly curated reverse-style appointments. You will meet only with the destinations and venues that are good fit for your future meetings, conferences and events. These short meetings will be the building blocks for site selection on your events for the next several years.”

3. “To drive social and economic progress through business events. Because of our professional experiences and our personal connections, we are in a unique position to transform the world economically and socially.”
Attendance at events hosted by these organizations puts our Special Events team in front of industry leaders and other decision makers at a diverse set local organizations and helps to bolster the Levi’s Stadium Special Events brand through Event industry partnerships where our team can learn and exchange ideas about brand amplification, lead prospecting, and other event planning best practices. These are also critical for Client Prospecting as local business leaders often attend these events looking to plan events from small to large scale, all of which can be accommodated by Levi’s Stadium Special Events. With well over $6M in Revenue and $1.9M in City of Santa Clara Printed on 5/18/2023Page 3 of 5
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net profit reported on Special Events YTD 12/31/22, Levi’s Stadium Special Events has established itself as an industry leader in this market and continued attendance and promotion of the brand is essential to continue to grow this line of business. While this is partially achieved through marketing campaigns and advertisements, these alone are not sufficient. Customers and prospects must see who they will be doing business with and continued, in-person, attendance at conferences and similar events is not only appropriate but required to stay competitive in the marketplace. These requests are in-line with the 2022 Marketing plan and a critical piece to the record year of Non-NFL Event revenues at Levi’s Stadium.

The information in the activity report and the information above provided by the Stadium Manager regarding the Special Events conferences and gala demonstrate alignment with 2022 Marketing Plan objectives.

The Stadium Manager has confirmed that the travel and expense costs related to the requests followed the Stadium Manager’s Business Expense Reimbursement Policy and provided supporting documentation for those costs. Some of the Public Events activities include client entertainment for business development purposes. As part of a prior request to incur charges for marketing-related conferences and meetings, the Stadium Manager explained that alcohol consumption is a part of the business marketing that they utilize to pursue Non-NFL Events. While the use of public funds for alcohol consumption is generally not permitted by public agencies, the legislative body of the public agency can authorize this business expense. Therefore, there is an appropriate Board recommendation transmitted in this report to authorize the use of public funds to cover alcohol consumption for the request to approve client entertainment submitted by the Stadium Manager.

Further, the Stadium Authority should be covered for the risk or liability arising from auto accidents or other such losses occurring at any of these marketing events (including liability arising from consumption of alcohol) pursuant to the Indemnification Clause in Article 12 of the Management Agreement.

Based on the information provided and supporting documentation, staff recommends retroactive approval of the expenses incurred by the Stadium Manager on behalf of the Stadium Authority for the described Non-NFL Events-related activities, including advertising, marketing campaign, shipping supplies for client gifts, registration fees, travel, and client entertainment including alcohol.

In addition, per Paragraph 4(b) of the Settlement Agreement, the Stadium Authority reserves all rights to confirm and dispute charges by and payments to the Stadium Manager during a fiscal year-end reconciliation/true-up, including but not limited to changes based on improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or California law. The Stadium Authority may raise related questions before the fiscal year-end reconciliation/true-up, which the Stadium Manager agrees to assess and respond to in good faith.

ENVIRONMENTAL REVIEW
The actions being considered do 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 or 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.

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FISCAL IMPACT
The Stadium Authority FY 2022/23 Non-NFL Events Marketing Budget contains $55,000 for Ticketed Events and $125,000 for Special Events. There are sufficient funds to cover the Stadium Manager’s request for retroactive approval of incurred expenses in the amount of $23,114 for Public Events and $16,293 for Special Events. Together, these Non-NFL Events expenses total $39,407, which the Stadium Authority is responsible for.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Stadium Treasurer’s Offices.

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

RECOMMENDATION
Approve the Stadium Manager’s request for retroactive approval of expenses incurred by the Stadium Manager on behalf of the Stadium Authority in the amount of $39,407 for the FY 2022/23 Non-NFL Events-related marketing, networking, travel, and entertainment activities, including client entertainment with alcohol, described in this report.

Prepared by: Christine Jung, Assistant to the Executive Director Approved by: Jōvan D. Grogan, Executive Director
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-249 Agenda Date: 5/23/2023

REPORT TO COUNCIL

SUBJECT
Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa Clara City Code Section 2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On September 30, 2021, Governor Newsom signed a series of policing reform bills aimed at increasing transparency of peace officer misconduct records, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the approval of the purchase of military equipment. Assembly Bill (AB) 481 (Assembly Member David Chiu, Democrat, San Francisco) (Attachment 1) codified law enforcement’s acquisition, use, and funding of military equipment.

In enacting AB 481, the Legislature stated that the public has a right to know about any funding, acquisition, or use of military equipment by State or local government officials in an effort to increase transparency, accountability and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment. Furthermore, the State legislature stated that local agency decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, civil liberties, and public input.

The bill required law enforcement agencies seeking to continue use of military equipment acquired prior to January 1, 2022 to accomplish the following by May 1, 2022:
· Draft a Military Equipment Use Policy that describes each piece of military equipment and the authorized uses for each piece of equipment;
· Seek approval of the Policy from their governing body by Ordinance before acquiring new military equipment or seeking funds for equipment purchases; and, · Make publicly available on the agency’s website any proposed or final military equipment use policy for as long as the military equipment is available for use.

The Santa Clara Police Department (SCPD) fulfilled each requirement and exceeded the community engagement efforts required of AB 481 by involving advisory groups and/or the community at large.

The City Council approved the proposed policy and adopted the required ordinance (SCCC 2.80.080) on March 8, 2022.

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23-249 Agenda Date: 5/23/2023
The law also requires the SCPD provide the City Council and the public with an annual report detailing equipment inventory, uses, complaints, etc. The City Council is then required to review the annual report for approval and review the ordinance for renewal. Such renewal is required in order for the department to continue to use its existing (and to acquire new) qualifying equipment.

DISCUSSION
At least annually after the adoption of a Military Equipment Use Policy, each law enforcement agency is required to prepare a yearly military equipment report to include the following categories of information, and to submit that report to the governing body (City Council) for approval, and to publish that annual report on the City’s website:
· A summary of how the military equipment was used and the purpose of its use; · A summary of any complaints or concerns received concerning the military equipment; · The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;
· The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
· The quantity possessed for each type of military equipment; and · If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Within 30-days of submitting the annual military equipment report, and publicly releasing the report on the website, a law enforcement agency must hold at least one “well-publicized and conveniently located community engagement meeting,” to allow for public discussion of the report. The submission to the governing body shall be on May 23, 2023. The publication of the report on the City’s website began on April 21, 2023. It is important to ensure that the community engagement meeting receives a high degree of transparency, convenience, and publicity (and also to ensure that the meeting occurs in such a manner that the City Council can most directly benefit from community input in its decision- making). Holding the meeting concurrently with the City Council meeting would most directly fulfill this requirement. Advertising for the public meeting included messaging via GovDelivery, as well as on the Police Department’s social media platforms (e.g. Facebook, Instagram, Nextdoor and Twitter) encouraging public participation in the City Council meeting on this topic.

In addition, SCPD utilizes the Chief’s Advisory Committee as a local civilian sounding board on issues, matters and public policies which influence or impact the ongoing relationship between law enforcement and the community we serve. SCPD has also sought their feedback related with equipment purchases (e.g., unmanned aircraft systems). The Annual Report was presented to the Chief’s Advisory Committee on April 24, 2023; the CAC’s recommendation - to state more clearly that there were no unauthorized uses or complaints this year, and that the majority of the equipment had been utilized by the department for decades - has been incorporated into the Annual Report.

Summary of SCPD’s Equipment
Many of the items designated by AB 481 as military equipment have been in our Police Department’s equipment inventory for decades. Use of this equipment is built into SCPD operating procedures and provides a snapshot of their respective functionality.

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A summary of the types of equipment in SCPD’s possession, examples of how this equipment has (and can) be utilized as well as the source for original funding is below. It should be noted, maintenance and/or repair costs as necessary are paid from the General Fund unless otherwise documented.

Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

Could be
utilized in major
collision
investigations,
search for
missing
persons,
natural disaster
management,
crime scene
photography,
SWAT, tactical
or other public
safety and life
preservation
missions, in
response to
specific
requests from
local, state or
federal fire
authorities for
fire response
and/or
prevention
Only assigned
operators who
have
completed the
required
training shall be
permitted to
operate either
piece of
equipment. Use
is established
by the Incident
Commander
Robot • Highly
mobile way to
conduct
sophisticated,
live audio and
video
surveillance to
prevent,
investigate or
fight crime •
Deliver item(s)
to a suspect
Unmanned
Aircraft •
Disaster
response and
damage
assessment •
Locate missing
persons and
rescue events •
Identify, locate
and apprehend
non-compliant,
threatening or
combative
persons who
pose a threat of
injury or death
to themselves,
others or
officers •
Suspected
explosive
device •
Dangers that
would benefit
from situational
intelligence
exposed from
an aerial
perspective •
Video /
photographic
documentation
of crime
Robot Grant
Unmanned
Aircraft Grant *
2005
Armored
Rescue
Vehicle
(Equipment
Category 2)
To be used in
response to
critical
incidents to
enhance officer
and community
safety, improve
scene
containment
and
stabilization,
and assist in
resolving
critical
incidents
The use of
armored
vehicles shall
only be
authorized by a
watch
commander or
SWAT
commander,
based on the
specific
circumstances
of a given
critical incident.

Armored
vehicles shall
be used only by
officers trained
in their
deployment
and in a
manner
consistent with
Department
policy and
training
• Evacuation of
innocent
individual(s) •
Functions as a
rolling shield to
allow law
enforcement
personnel to
safely get
closer to a
location and/or
gain access to
a location •
Send message
or warning tone
over significant
distance • Hail
a suspect from
being
barricaded
Grant ** 2010
Command
and Control
Vehicles
(Equipment
Category 5)
To be utilized
for critical
incident
callouts
The CNT
vehicle used by
officers and
staff who have
been properly
trained in the
safe handling
of the vehicle.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
City of Santa Clara Printed on 5/17/2023Page 3 of 8
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23-249 Agenda Date: 5/23/2023
Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
City of Santa Clara Printed on 5/17/2023Page 4 of 8
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23-249 Agenda Date: 5/23/2023
Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
City of Santa Clara Printed on 5/17/2023Page 5 of 8
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23-249 Agenda Date: 5/23/2023
Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
*Purchase and corresponding policy approved however item not yet acquired. **This item was purchased with UASI funds and therefore is a regional law enforcement asset.

As a reminder, nothing in this bill prohibits law enforcement from obtaining any of the items deemed as military equipment, but rather AB 481 creates a public process for getting approval on the type of equipment that is authorized and the uses for that equipment. SCPD possesses equipment in 7 of the 15 established categories.

Funding and Purchases
While the department is the recipient of a variety of federal grants, the department has not applied for or received designated military equipment through the United States Department of Defense 1028 or 1033 excess equipment transfer programs.

Prior to the implementation of AB 481, decisions surrounding the acquisition of equipment were presented to the City Council at a high-level during consideration of the standard budget process or in a more detailed manner through a Report to City Council, and procurement of such equipment adheres to the City’s purchasing processes. The use of such equipment is governed by the Police Department’s Use of Force Policy #300. In addition, the California Peace Officer Standards and Training (POST) requirements for operation and deployment of this equipment is managed by SCPD’s Training Unit. In many cases, POST, vendor provided trainings or cross-training among surrounding law enforcement agencies are implemented as new legislation and tools are deployed.

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All SCPD policies and procedures that govern safe-handling, storage, and qualification on specified equipment remain in effect. This includes but is not limited to California Occupational Safety and Health Agency (OSHA) certification of energetic breaching operators, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) oversight of energetic breaching materials, SCPD weapons storage procedures, and ATF oversight of Noise Flash Diversionary Devices.

The way in which SCPD procures equipment has not changed as a result of AB 481, nor are there any significant new purchases planned over the next reporting period. During the reporting period, the only significant equipment purchased that falls within this category are unmanned aircraft equipment (Category 1). Other qualifying equipment, such as ammunition, was also purchased, as set forth in the Annual Report.

Annual Report & Ordinance Renewal
AB 481 requires law enforcement agencies to prepare an Annual Report to include the use of military equipment, any complaints received, any internal audits or other information about violations of SCPD Lexipol Policy 706 (Attachment 3), the cost of such use, and other similar information. The 2022 Annual Report is attached (Attachment 5).

As is noted in the Executive Summary, SCPD did not have any unauthorized uses during the reporting period, nor did it receive any complaints associated with the use of AB 481 equipment.

A governing body that has adopted a Military Equipment Use Policy by ordinance pursuant to AB 481, as the City of Santa Clara has done, is required to annually review that ordinance and, based upon the information provided in the Annual Report, make the following findings to support a renewal of the ordinance:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; b. The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c. The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and, d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

The proposed Resolution (Attachment 4) incorporates the Annual Report, reflects the required findings, and approves renewal of SCCC 2.80.080 for an additional year.

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

FISCAL IMPACT
The staff time to prepare the 2022 Annual Report and corresponding Report to Council is significant.

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However, the equipment referenced in the Annual Report have already been funded.

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

RECOMMENDATION
Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa Clara City Code Section 2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481 Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Assembly Bill 481

2. RTC 22-1582

3. Draft Policy #706

4. AB 481 Annual Resolution

5. 2022 AB 481 Annual Report
City of Santa Clara Printed on 5/17/2023Page 8 of 8
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f'J;;\ _----,
~ STATE OF CALI FORN IA
't~~.';:P,)' AUTHENTICATED
f,u1H.\l! ELECTRONIC LEGAL MATERtAL
Assembly Bill No. 481
CHAPTER406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.)

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use .

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution ofits powers and duties as the state agency for the distribution offederal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 Ch. 406 -2-
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies .

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified . The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of milita1y equipment, this bill would impose a state-mandated local program .

The California Constitution requires local agencies , for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonsh·ating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutmy provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows :

SECTION 1. The Legislature finds and declares all of the following :
(a) The acquisition of milita1y equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties , and physical and psychological well -being , and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.
( c) Decisions regarding whether and how milita1y equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights , and civil liberties, and should be based on meaningful public input.
92 -3- Ch. 406
( d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of militaiy equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. FUNDING, ACQUISITION, AND USE OF MILITARY

EQUIPM ENT
7070. For purposes of this chapter, the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Milita1y equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel can-iers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly refetTed to as Humvees, two and one-half-ton trucks, five-ton ttucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-ten-ain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
( 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tt·acked system instead of wheels for fotward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. ( 6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature . However, items designed to remove a lock, such as bolt cutters, 92 Ch. 406 -4-
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Fireaims of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized fireaims and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles .
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD) .
(14) The following projectile launch platfo1ms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
( 15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "militaiy equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Militaiy equipment use policy" means a publicly released, written document governing the use of militaiy equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the milita1y equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of militaiy equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the milita1y equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 -5- Ch. 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy .
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "State agency" means the law enforcement division of eve1y state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Atticle IV ( except Section 20 thereof) or Atticle VI of the California Constitution. (f) "Type" means each item that shares the same manufacturer model number .
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a milita1y equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Atticle 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting militaiy equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for milita1y equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring militaiy equipment either pe1manently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of militaiy equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, militaiy equipment. (G) Acquiring militaiy equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any rnilitaiy equipment that was acquired prior to J anuaiy 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of militaiy equipment, including by adoption pursuant to this subdivision of a militaiy equipment use policy submitted pursuant to subdivision (b ), within 180 days of submission of the proposed rnilitaiy equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 Ch. 406 -6-
the milita1y equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the militaiy equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 ( commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
( d) (1) The governing body shall only approve a militaiy equipment use policy pursuant to this chapter if it determines all of the following:
(A) The militaiy equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil libe1ties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior militaiy equipment use complied with the militaiy equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying militaiy equipment use policy, co1Tective action has been taken to remedy nonconfo1ming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the milita1y equipment is available for use .
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Pait 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Pait 1 of Division 2 of Title 5), as applicable .
(2) The governing body shall detelTnine, based on the annual milita1y equipment report submitted pursuant to Section 7072, whether each type of milita1y equipment identified in that repo1t has complied with the standards for approval set forth in subdivision ( d). If the governing body determines that a type of militaiy equipment identified in that annual milita1y equipment report has not complied with the standards for approval set forth in subdivision ( d), the governing body shall either disapprove a renewal of the authorization for that type of milita1y equipment or require modifications 92 -7- Ch. 406
to the milita1y equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to ( e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a militaiy equipment use policy based on local community needs.
7072. ( a) A law enforcement agency that receives approval for a militaiy equipment use policy pursuant to Section 7071 shall submit to the governing body an annual militaiy equipment report for each type of militaiy equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual milita1y equipment report required by this section publicly available on its internet website for as long as the milita1y equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summa1y of how the militaiy equipment was used and the purpose of its use.
(2) A summa1y of any complaints or concerns received concerning the militaiy equipment.
(3) The results of any internal audits, any infonnation about violations of the militaiy equipment use policy, and any actions taken in response. (4) The total annual cost for each type ofmilitaiy equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the militaiy equipment in the calendar year following submission of the annual militaiy equipment report.
(5) The quantity possessed for each type ofmilitaiy equipment. ( 6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for milita1y equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring milita1y equipment either permanently or temporarily, including by boTI"owing or leasing.
92 Ch. 406 -8-
( 4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter .
( 6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy .
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor's designee.
7074 . The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies .

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 ( commencing with Section 7070) to Division 7 of Title 1 of the Government Code , furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislatw-e makes the following findings :

Requiring local agencies to hold public meetings prior to the acquisition of milita1y equipment fu1ther exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people's business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 -9- Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. 0 92
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1582 Agenda Date: 3/8/2022

REPORT TO COUNCIL

SUBJECT
Action to Waive First Reading and Introduce an Ordinance Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and Note and File Recommendation Submitted by the Task Force on Diversity, Equity and Inclusion to Adopt AB481 Policy and Ordinance

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On September 30, 2021, Governor Newsom signed a series of policing reform bills aimed at increasing transparency of peace officer misconduct records, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creating a public forum for the purchase of military equipment. Assembly Bill (AB) 481 codified law enforcement’s acquisition, use, and funding of military equipment. The information presented in this report and its attachments fulfills the requirements of AB 481.

DISCUSSION
The City of Santa Clara is in the heart of Silicon Valley and home to Fortune 500 company headquarters, California’s Great America theme park, Santa Clara University, Silicon Valley Power and Levi’s Stadium. In turn, it serves as a destination for corporate board meetings, dignitary visits, major events, and visitors from around the globe. The community assets county-wide and throughout the region are even more significant. As a result, the risk of domestic terrorism or a high-level terrorist incident in the area is real.

In enacting AB 481, the Legislature stated that the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials in an effort to increase transparency, accountability and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment. Furthermore, the state legislature stated that local agency decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, civil liberties, and public input.

The bill requires law enforcement agencies that seek to continue use of military equipment acquired prior to January 1, 2022, accomplish the following by May 1, 2022:
· Draft a Military Equipment Use Policy that describes each piece of military equipment and the authorized uses for each piece of equipment to include:
o A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment;
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o The purposes and authorized uses for which the law enforcement agency proposes to use each type of military equipment;
o The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment; o The legal and procedural rules that govern each authorized use; o The training, including any course required by the Commission on Peace Officer Standards and Training (“POST”), that must be completed before any officer, agent, or employee of the law enforcement agency’s allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy; o The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy; and, o The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
· Seek approval of the Policy from their governing body by Ordinance before acquiring new military equipment or seeking funds for equipment purchases; and, · Make publicly available on the agency’s website any proposed or final military equipment use policy for as long as the military equipment is available for use.

At least annually after the adoption of a Military Equipment Use Policy, the law enforcement agency shall prepare an annual military equipment report to include:
· A summary of how the military equipment was used and the purpose of its use; · A summary of any complaints or concerns received concerning the military equipment; · The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;
· The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;
· The quantity possessed for each type of military equipment; · If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment; and, · Within 30-days of submitting the annual military equipment report, a law enforcement agency must hold at least one “well-publicized and conveniently located community engagement meeting,” to allow for public discussion of the report.

The governing body shall annually review the Military Equipment Purchase and Use Ordinance and vote on whether to renew the ordinance at a regular meeting. During its review, the governing body shall consider the annual report and determine whether each type of military equipment has complied with specified standards for approval.

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submission of the proposed Military Equipment Purchase and Use Policy, the Police Department shall cease its use of the military equipment until it receives the approval of the City Council in accordance with AB 481 effective April 30, 2022.

Historical Perspective on Types of Equipment Acquired by Law Enforcement The Columbine High School massacre in Colorado was a school shooting and failed bombing that occurred on April 20, 1999, murdering 12 students and one teacher. Twenty-one (21) additional people were injured by gunshots, and gunfire was also exchanged between the perpetrators and police. Another three (3) people were injured trying to escape.

At that time, law enforcement followed a traditional strategy of waiting for multiple highly trained tactical teams to arrive, formulate a structured and deliberate plan that may include surrounding the building, setting up a perimeter, containing the damage and slowly and methodically conduct room by room sweeps of the facility to locate and stop the threat. In this case, the results of the traditional strategy were catastrophic.

The Columbine incident became one of the most studied active-shooter massacres, resulting in the introduction of the Immediate Action Rapid Deployment tactic (IARD). Rapid deployment is defined as, “the swift and immediate deployment of law enforcement resources, singular or in teams, to on- going, life threatening situations where delayed deployment could otherwise result in death or great bodily injury to innocent persons.” IARD expects the first arriving officer on scene to take charge and neutralize the threat; this places regular officers in situations of increased risk. To achieve this goal, additional training and specialized equipment are required. Through case studies, law enforcement agencies have learned IARD generally results in a suspect suicide once confronted by armed responders. Secondary measures are put in place to limit access to potential victims and rescue injured persons once the threat is mitigated.

It should be noted, IARD tactics are not a substitute nor the same as conventional response tactics to situations, such as a barricaded subject.

Since Columbine, the United States has experienced a multitude of active shooter and deadly terrorist attacks at sporting events (e.g. Boston Marathon bomber), places of worship (Wisconsin Sikh temple, Pittsburgh synagogue, Overland Park Jewish Community Center), entertainment venues (Orlando nightclub, Las Vegas concert, San Bernardino attack), mitigate vehicle borne attacks (Charlottesville, New York City, University of Oklahoma), retail outlets (El Paso Walmart), attacks of military bases (Fort Hood, Pensacola Naval Air Station) and aircraft hijackings (World Trade Center, Pentagon and Shanksville on September 11).

After significant research, testing and practical application, law enforcement agencies have been trained and equipped with the tools to combat terrorism and high-risk criminal behavior at the local level. Responding to situations in which one or more people are engaged in on-going aggressive, deadly behavior, requires swift contact to mitigate the public safety threat and vast resources.

Locally, we are not immune from critical incidents. Santa Clara County has experienced critical incidents, and those that could have become such. Our Police Department has been involved in responding to the following situations in recent years:

Date Incident Brief Summary of Incident
July 4, 2019 California’s Great America
theme park
Large fight resulting in a shooting at the
front gate
July 28,
2019
Gilroy Garlic Festival Shooting Gunman killed three people and wounded 17 August 5,
2020
Santa Clara County Main Jail Gunman restrained in handcuffs fired several rounds at officers in Main Jail
sallyport. Containment took four hours *
August 9,
2020
Santa Clara County Main Jail Driver slammed through Main Jail security gate and refused to surrender *
May 26,
2021
VTA Railyard Shooting Nine people killed
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Date Incident Brief Summary of Incident
July 4, 2019 California’s Great America
theme park
Large fight resulting in a shooting at the
front gate
July 28,
2019
Gilroy Garlic Festival Shooting Gunman killed three people and wounded 17 August 5,
2020
Santa Clara County Main Jail Gunman restrained in handcuffs fired several rounds at officers in Main Jail
sallyport. Containment took four hours *
August 9,
2020
Santa Clara County Main Jail Driver slammed through Main Jail security gate and refused to surrender *
May 26,
2021
VTA Railyard Shooting Nine people killed
*At the times of these incidents, the Santa Clara Police Department had officers in the jail booking area with their own arrestees and assisted in the peaceful resolution of the situation at hand.

In each instance, the corresponding agency’s inventory of safety equipment and weaponry allowed the law enforcement agency to confront the situation with multiple tools according to the need to bring a safe, peaceful resolution for the involved parties, the public and officers. In each case, responding officers evaluated the actions, capabilities, and intentions of the suspects. The equipment available created an opportunity to influence sound decisions by providing time, distance, and cover.

In none of the above cases, did police use deadly force.

On a routine frequent basis, the Police Department is faced with situations that can potentially be resolved with less lethal tactics as a result of having the appropriate training and resources available, such as welfare checks, warrant service, uncooperative individuals subject to arrest, high risk car stops, barricaded subjects, etc.

Many of the tools the Police Department utilizes to address critical incidents and high-risk criminal behavior at the local level have become industry standards among law enforcement agencies throughout the country. Without these tools and current technology, the Police Department would have to completely re-think operations and tactics to safely resolve situations and protect personnel.

AB 481 Definition of Military Equipment
AB 481 defines “Military equipment” as follows and differentiates the equipment by category:
(Category 1) Unmanned, remotely piloted, powered aerial or ground vehicles; (Category 2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision;
(Category 3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision;
(Category 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a City of Santa Clara Printed on 1/24/2023Page 4 of 14
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tracked system instead of wheels for forward motion;
(Category 5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units; (Category 6) Weaponized aircraft, vessels, or vehicles of any kind; (Category 7) Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision; (Category 8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision;
(Category 9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision;
(Category 10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency; (Category 11) Any firearm or firearm accessory that is designed to launch explosive projectiles; (Category 12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray; (Category 13) Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD);
(Category 14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons; and, (Category 15) Any other equipment as determined by a governing body or a state agency to require additional oversight.

For added clarity, nothing in this bill prohibits law enforcement from obtaining any of the above equipment, but rather AB 481 creates a public process for getting approval on the type of equipment that is authorized and the uses for that equipment. Please note, as described further below, SCPD possesses equipment in only 7 of the 15 categories listed.

Current Santa Clara Police Department Equipment Meeting Military Equipment Designation For decades, the Federal government has provided billions of dollars in equipment to state and local law enforcement agencies through unused excess equipment transfers (1033 Program), asset forfeiture programs and Federal grants. Our Department has been the benefactor of Asset Forfeiture Funds and Federal grants (e.g. Bullet Proof Vest Grant, Edward Byrne Justice Assistance Grant, Citizens’ Option for Public Safety Grant, State Homeland Security Grant, Urban Areas Security Initiative Grant, etc.); however, our Department has not applied for or received designated military equipment through the 1033 Program.

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equipment and cannot supplant other funding sources.

The equipment purchased by the Police Department is intended for use to save civilian lives, protect law enforcement personnel, reduce risk for the City and enhance public safety. Secondarily, the equipment also creates cover, distance, and time to slow the decision-making process. Doing so, allows responding officers to take in and evaluate the totality of the circumstances, resulting in increased safety and reduced risk for everyone involved.

Many of the items designated by AB 481 as military equipment have been in our Police Department’s equipment inventory for decades.

Use of this equipment is built into the Police Department’s operating procedures and provide a snapshot of their respective functionality. A summary of the types of equipment in the Police Department’s possession, examples of how this equipment has (and, can) be utilized as well as the source for original funding is below.

Armored
vehicles shall
be used only by
officers trained
in their
deployment
and in a
manner
consistent with
Department
policy and
training
• Evacuation of
innocent
individual(s) •
Functions as a
rolling shield to
allow law
enforcement
personnel to
safely get
closer to a
location and/or
gain access to
a location •
Send message
or warning tone
over significant
distance • Hail a
suspect from
being
barricaded
Grant ** 2010
Command
and Control
Vehicles
(Equipment
Category 5)
To be utilized
for critical
incident
callouts
The CNT
vehicle used by
officers and
staff who have
been properly
trained in the
safe handling
of the vehicle.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
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Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

Armored
vehicles shall
be used only by
officers trained
in their
deployment
and in a
manner
consistent with
Department
policy and
training
• Evacuation of
innocent
individual(s) •
Functions as a
rolling shield to
allow law
enforcement
personnel to
safely get
closer to a
location and/or
gain access to
a location •
Send message
or warning tone
over significant
distance • Hail a
suspect from
being
barricaded
Grant ** 2010
Command
and Control
Vehicles
(Equipment
Category 5)
To be utilized
for critical
incident
callouts
The CNT
vehicle used by
officers and
staff who have
been properly
trained in the
safe handling
of the vehicle.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
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Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

Armored
vehicles shall
be used only by
officers trained
in their
deployment
and in a
manner
consistent with
Department
policy and
training
• Evacuation of
innocent
individual(s) •
Functions as a
rolling shield to
allow law
enforcement
personnel to
safely get
closer to a
location and/or
gain access to
a location •
Send message
or warning tone
over significant
distance • Hail a
suspect from
being
barricaded
Grant ** 2010
Command
and Control
Vehicles
(Equipment
Category 5)
To be utilized
for critical
incident
callouts
The CNT
vehicle used by
officers and
staff who have
been properly
trained in the
safe handling
of the vehicle.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
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Equipment Purpose Authorized
Use
Example of
Types of Law
Enforcement
Uses
Purchase
Funding
Source
In Use by
SCPD
Since
Robot and
Unmanned
Aircraft
(Equipment
Category 1)
To be used to
remotely gain
visual/audio
data, deliver
CNT phone,
open doors,
disrupt
packages, and
clear buildings.

Armored
vehicles shall
be used only by
officers trained
in their
deployment
and in a
manner
consistent with
Department
policy and
training
• Evacuation of
innocent
individual(s) •
Functions as a
rolling shield to
allow law
enforcement
personnel to
safely get
closer to a
location and/or
gain access to
a location •
Send message
or warning tone
over significant
distance • Hail a
suspect from
being
barricaded
Grant ** 2010
Command
and Control
Vehicles
(Equipment
Category 5)
To be utilized
for critical
incident
callouts
The CNT
vehicle used by
officers and
staff who have
been properly
trained in the
safe handling
of the vehicle.

The driver of
the vehicle
shall have a
valid California
driver license
• Serve as a
safe, secure
workspace for
staff on scene
of a crime
scene or critical
incident • Tool
to carry
equipment
associated with
work
Grant, General
Fund and City’s
disposal/reuse
program
2002
Breaching
equipment
(Equipment
Category 7)
To safely gain
entry into a
structure
Explosive
breaching may
only occur after
authorization
by the Incident
Commander or
SWAT
Commander in
the field, and
during training
exercises
• Force open
closed and/or
locked doors •
Diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
2007
Specialized
Firearms and
Ammunition
(Equipment
Category 10,
12 and 14)
To be used as
precision
weapons to
address a
threat with
more precision
and/or greater
distances than
a handgun, if
present and
feasible
Only members
that are POST
certified are
authorized to
use a rifle
• Non-lethal tool
to stop an
armed subject
at various
distances •
Device to
create a
temporary
diversionary
tactic when
trying to take a
dangerous
suspect into
custody
Grant, General
Fund and Asset
Forfeiture
Program
1975 -
2000
depending
on the item
*Purchase and corresponding policy approved however item not yet acquired. **This item was purchased with UASI funds and therefore is a regional law enforcement asset.

The current decisions surrounding the acquisition of equipment are presented to the City Council at a high-level during consideration of the standard budget process or in a more detailed manner through a Report to City Council, and procurement of such equipment adheres to the City’s purchasing processes. The use of such equipment is governed by the Police Department’s Use of Force Policy #300.

In addition, the California Peace Officer Standards and Training (POST) requirements for operation and deployment of this equipment is managed by the Police Department’s Training Unit. In many cases, POST, vendor provided trainings or cross-training among surrounding law enforcement agencies are implemented as new legislation and tools are deployed.

All Santa Clara Police Department policies and procedures that govern safe-handling, storage, and qualification on specified equipment remain in effect. This includes but is not limited to California Occupational Safety and Health Agency (OSHA) certification of energetic breaching operators, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) oversight of energetic breaching materials, Police Department weapons storage procedures, and ATF oversight of Noise Flash Diversionary Devices.

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The Police Department’s existing procedure manual, many of which have been incorporated into Lexipol, address appropriate use and deployment of controlled equipment addressing the protection of civil rights and civil liberties.

AB 481 requires law enforcement to publicly release a written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, the topics described above. The Policy must be approved by the City Council via Ordinance, with findings of the following:
· The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; · The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
· If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and, · Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Annually, the Police Department will prepare and present to the City Council annual report, and distribute it on the City’s website 30 days prior to the City Council meeting where the following items are reviewed:
· The quantity possessed for each type of military equipment as of the date of the annual report; · Summary of how the military equipment was used and the purpose of its use; · Summary of any concerns or complaints received involving the use of military equipment; · The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;
· Total annual cost of each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade and other ongoing costs; and, · Acquisition plans (including source of funds) for the coming year, type and quantity.

SCPD’s draft Lexipol Policy #706 addresses each aspect required per AB 481 and includes an inventory of military equipment in our Department’s possession effective January 1, 2022. It should be noted, the Department has received prior City Council approval to acquire equipment through Asset Forfeiture Funds (RTC #21-629) and Federal Grants (RTC #22-1559). As these and any future purchases are made, equipment which meets the military equipment designation will be added to the Department’s inventory and included in the annual report.

In our Department’s case, the proposed Military Equipment Purchase and Use Policy provides for a secondary level of oversight. The Chief’s Advisory Committee will be utilized as a local civilian sounding board prior to a recommendation to City Council to request or acquire controlled equipment. While the Chief’s Advisory Committee is advisory to the Chief of Police and not City of Santa Clara Printed on 1/24/2023Page 10 of 14
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authorized to have power or authority to investigate, review or otherwise participate in matters involving specific personnel or play a role in civil or criminal litigation, as appropriate the committee may be utilized for after-action analysis reports for significant incidents involving federally provided or federally funded equipment.

More recently, the City of Santa Clara also established a Task Force on Diversity, Equity, and Inclusion. This group serves as another sounding board on recommendations to policies that help the City achieve equal treatment under the law.

Additionally, developing a complete Department-wide equipment inventory, with amortization details (e.g. expiration date or anticipated life, estimated cost to replace, etc.), has long been a goal of the Police Department. In recent years, staffing levels have prohibited this project from becoming a reality.

Community Engagement
SCPD exceeded the requirements of AB 481 and conducted the following community engagement:

January 10, 2022
- The Police Department distributed information on its website and social media (e.g. GovDelivery, Facebook, Instagram, Nextdoor, Nixle, Twitter) about a virtual Community Meeting on February 10, 2022 from 6:30 p.m. - 8:00 p.m. The following topics were included in the announcement:
· Purpose of the new legislation, AB 481
· Definition of military equipment
· SCPD’s military equipment inventory
· SCPD’s proposed equipment funding, acquisition and use policy · Pending annual report requirement
· Community engagement and public access to materials
At the same time, the following content was uploaded on the Police Department’s website:
· Full text of AB 481
· SCPD’s summary of AB 481
· AB 481 Defined list of military equipment currently in SCPD’s possession · Draft Lexipol Policy 706
January 24, 2022
- The Police Department facilitated a virtual discussion among the Chief’s Advisory Committee (CAC). Overall, CAC members were very supportive of the continued use of the Police Department’s existing equipment, particularly among the seasoned CAC members that have participated in hands-on use of force exercises over the last three years. New CAC members were pleased to learn about the Department’s existing training requirements, Department policies, ways in which the community can share concerns and commendations, how long the Department has had the equipment and stories about the application of its use. Although the new members haven’t had the same opportunities for experiential learning, this topic garnered quite a bit of interest in some of the Police Department’s pending plans for the CAC.

The CAC also raised inquiries about the safe and proper storage this equipment and the practicality of tracking its use.

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February 2, 2022 - The Police Department facilitated an in-person discussion among the Policing Community Engagement/Relations Subcommittee of the Task Force on Diversity, Equity and Inclusion (DEI) Task Force. DEI focused its conversation with the Police Department on the importance of the messaging to the community, emphasizing the importance of de-escalation and having safe and effective tools in place to create time, distance and cover. Since DEI has recently conducted a review of Police Department policies and participated in use of force scenarios, it had a solid foundation on the guidelines currently in place for addressing critical incidents.

February 7 and 10, 2022
- The Police Department distributed a reminder on its’ website and social media about the pending meeting.

February 10, 2022
- The Police Department conducted a virtual Community Meeting. At any given time, there were approximately 32-34 individuals logged into the meeting. Of those, nine (9) were City of Santa Clara employees and another handful represented other law enforcement agencies that are also engaged in the AB 481 implementation process, at varying stages. While it is unknown how many of the remaining participants live in the City of Santa Clara, their interests were varied, including: clarification of the legislation and role of the governing body, semantics between equipment and weaponry, comment about the perception that police equipment funding diverts dollars from other needs throughout the City at-large, interest in the costs of maintaining equipment and time spent training, inquiry about why certain pieces of equipment utilized by the Police Department (e.g. conducted electronical weapon) are not included in equipment inventory, question about whether Lexipol was consulted on the policy and a request for information about who was invited to participate in the public meeting.

In two cases, meeting participants shared concerns about police militarization. In each case, an alternate means for reaching a safe, peaceful resolution was not offered by the speaker.

In one case, a meeting participant expressed concern about the Police Department providing this level of detail publicly for fear that someone with ill intentions (e.g. critical incident, theft, etc.) now has significant information about the availability of local resources. Law enforcement agencies share this concern.

February 28, 2022
- The Task Force on Diversity, Equity and Inclusion (DEI) held a special meeting (RTC 22-330) to discuss the recommendation from the Policing Community Engagement/Relations Subcommittee regarding the Department’s proposed Policy #706 to address the requirements of AB 481.

Task Force members inquired about the lifespan of the equipment, the collaboration of regional assets in mutual aid situations and discussed the potential for adding minority owned small businesses as a preference in the City’s procurement process. In turn, DEI took the following actions:
· Noted and filed a verbal report from the Policing and Community Engagement/ Relations Subcommittee on their efforts to analyze the proposed AB481 Policy and Ordinance; and, · Accepted the recommendation from the Policing and Community Engagement/Relations Subcommittee to craft a letter expressing the support of the full Task Force to be sent to the City Council on behalf of the entire Task Force.

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March 4, 2022 - The Police Department distributed information on its’ website and social media regarding the pending City Council meeting on March 8, 2022, including a link to RTC #22-1582. The information also included ways to view and/or offer feedback in the meeting.

This degree of community engagement exceeds the requirements of AB 481.

FISCAL IMPACT
The Police Department secures approximately $175,000 in asset forfeiture funds and $500,000 in local, State and Federal grants for education programs, enforcement operations, equipment and training annually.

AB 481 requires law enforcement agencies that seek to continue use of military equipment acquired prior to January 1, 2022, to approve an annual Military Purchase and Equipment Use Policy by May 1, 2022. Without such, the Police Department will be required to cease the use of approximately $1,093,178 in the Department’s operating equipment.

Without City Council approval, the Police Department’s ability to respond to a critical incident, and provide mutual aid when called upon, would be detrimental to the safety of the public, involved parties in the incident and increase the City’s risk exposure.

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

RECOMMENDATION
Waive First Reading and Introduce an Ordinance Approving a Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481; and Note and File Recommendation submitted by the Task Force on Diversity, Equity and Inclusion to Adopt AB481 Policy and Ordinance.

Reviewed by: Pat Nikolai, Chief of Police
Approved by: City Manager’s Office

ATTACHMENTS

1. Assembly Bill 481
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2. Draft Police Department Policy #706, including AB 481 Defined List of Military Equipment in SCPD’s possession

3. Ordinance

4. Recommendation to Adopt AB481 Policy and Ordinance from the Task Force on Diversity, Equity and Inclusion
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Policy
706
Santa Clara Police Department
SCPD Policy Manual
Policy #706

Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).

706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment categories– Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

706.2 POLICY
It is the policy of the Santa Clara Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.

706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Clara Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

706.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: 706.4 MILITARY EQUIPMENT INVENTORY.pdf (Insert Annual Report Link Here)
Available on the Department’s AB481 website at
https://www.santaclaraca.gov/our-city/departments-g-z/police-department/community/assembly- bill-481-military-equipment-funding-acquisition-and-use-policy

706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
------------------------------------------- ================================= (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Attachments
Attachment
SCPD Policy Manual
Copyright Lexipol, LLC 2023/03/31, All Rights Reserved.

Published with permission by Santa Clara Police Department 706.4 MILITARY EQUIPMENT
INVENTORY.pdf - 5
706.4 MILITARY EQUIPMENT INVENTORY.pdf
706.4 MILITARY EQUIPMENT INVENTORY.pdf

1. Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:

Transcend Tactical Robot, cost: $24,452.24, Quantify: 1. This equipment is a battery powered, remote operated device. Equipped with two cameras and twoway radio capabilities. This equipment is for (potential) use during high-risk incidents. Use is limited to members of the Departments Special Response Team (SRT). Incidents that may qualify for its use include, but are not limited to, a highrisk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and also if there are other subjects inside that need assistance.

The two-way speakers can be used to de-escalate and determine resistance level.
b. Purpose:

To be used to remotely gain visual/audio data, deliver CNT phone, open doors, disrupt packages, and clear buildings.
c. Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the robot. Use is established by the Incident Commander.

All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 311 – Search and Seizure, SCPD Policy 703 – Vehicle Use, SCPD Policy 404 – Special Response Team.
d. Expected Lifespan:
10-15 years
e. Fiscal Impact:

No known annual maintenance cost.

2. Unmanned Aerial Vehicles (Category 1)
a. Description, quantity, capabilities, and purchase cost:

Yuneec H520 unmanned aerial vehicle (UAV), cost: Included with purchase of Transcend Tactical Robot, Quantity: 1. The H520 is a commercial-grade UAV.

Commonly used by construction and utility companies for the inspection of buildings, powerlines, windmills and other infrastructure. This UAV is a battery powered, remote operated device. Controller: ST16 All-in-one controller with 7- inch integrated screen. Controller allows operators to control UAV and view live feed from UAV-mounted cameras. Camera: CGOET camera with dual RGB and FLIR capabilities. Camera provides operators ability to switch between standard RGB camera and views based on heat of objects within frame. Flight time of approximately 25-30 minutes per battery, depending on weather and flight conditions. The UAV has also proven to be useful to public safety agencies in firefighting, search and rescue, pre-operational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel
b. Purpose:

To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. major collision investigations.
ii. search for missing persons.
iii. natural disaster management.
iv. crime scene photography.
v. SWAT, tactical or other public safety and life preservation missions. vi. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use:

Only assigned operators who have completed the required training shall be permitted to operate the Yuneec H520 during approved missions. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 311 – Search and Seizure, SCPD Policy 316 – Missing Persons, SCPD Policy 606 – Unmanned Aerial System Operations, SCPD Policy 703 – Vehicle Use, SCPD Policy 404 – Special Response Team.
d. Expected Lifespan:
10 years
e. Fiscal Impact:

No known annual maintenance cost.

3. Armored Personnel Carrier, vehicle with entry apparatus attached (Category 2 & 3) a. Description, quantity, capabilities, and purchase cost:

Lenco Armored Rescue Vehicle, cost: $309,000, quantity: 1.The ARV is designed to provide ballistic protection during tactical events (designed to withstand multiple bullet strikes from small arms fire as well as low level explosions).Equipped with nuclear/radiological detection devices, self-contained breathing apparatus, explosive gas detection devices, and thermal imaging camera. Equipped with emergency lights/siren and a public address system.

Common uses for the ARV include citizen and officer rescues, evacuations, and the deployment of officers and chemical agents. The ARV is currently deployed at every large event in the city of Santa Clara including stadium events, parades, and festivals. The ARV is a regional mutual-aid asset that has been requested and deployed to allied agencies in Santa Clara, San Benito, Monterey, Santa Cruz, Alameda, and San Mateo Counties. The ARV responded high profile events including: The Gilroy Garlic Festival shooting, Super Bowl 50, an armed barricade at Main Jail, the VTA active shooter and several incidents where local officers were killed in the line of duty
b. Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 703 – Vehicle Use, SCPD Policy 404 – Special Response Team. d. Expected Lifespan:
20 years
e. Fiscal Impact:

Annual maintenance cost of approximately $2,500.

4. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
1993 Int. Model 3800, cost: $13,291, quantity: 1. The vehicle is a two-axel bus style vehicle with a front door and a rear door. It is painted black with police graphics affixed to the front, sides, and the rear of the vehicle. The vehicle has been partitioned into (2) separate workspace areas. The equipment housed in the vehicle includes, but is not limited to, a negotiations control console and accessories, communications throw phone and cables, miscellaneous office supplies, tabletops, chairs, storage space, coffee maker, and refrigerator The vehicle is capable of being used as a mobile operation and dispatch center.

The vehicle is also capable of transporting personnel and equipment The Mobile Communications Vehicle was placed into service in 2006 after its acquisition from the City of Santa Clara Library (formerly the bookmobile).

The Mobile Command Vehicle is used as an auxiliary command vehicle during major incidents. The vehicle is separated into two areas by a walled partition and door. One area is used as a negotiation / communication center by the Crisis Negotiations Team. The second area can be used as a mobile command center aiding in the command, control, and deployment of personnel at a critical incident.
b. Purpose:

To be utilized for critical incident callouts.
c. Authorized Use:

The CNT vehicle used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 703 – Vehicle Use, SCPD Policy 404 – Special Response Team.
d. Expected Lifespan:
25 years (Expired)
e. Fiscal Impact:

Annual maintenance cost of approximately $5,589

5. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
2001 Freightliner MT45 – custom upfit by Mattman, cost: $162,181, quantity: 1.

The SRT van is a command vehicle and an equipment storage and transportation vehicle. Computerized screen used for tracking operations on the exterior. Desk with radios for dispatch on the interior. Several storage areas for the different equipment used by SRT. Manual breaching tools / Energetic breaching materials, Water, Generator, Ammunition, Robot / UAV, 40mm launchers and projectiles
b. Purpose:

To be used based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place. c. Authorized Use:

The SRT Van shall be used by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 703 – Vehicle Use, SCPD Policy 404 – Special Response Team.
d. Expected Lifespan:
20 years (expires in March 2022)
e. Fiscal Impact:

Annual maintenance cost of approximately $2,500

6. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities, and purchase cost:
2018 Ford E450 Super Duty cutaway/stripped chassis with a large built-out cargo box mounted on the chassis. It looks like a typical box style cargo van/truck painted black with police graphics. The CSI van is not used in an enforcement capacity. This vehicle is used for the transportation of investigative equipment including a Total Station laser surveyor and accessories, computer equipment and software, evidence collection materials, and storage space for transporting items to the Santa Clara Police Department. There is a large computer monitor/TV mounted on an interior wall to view photos, diagrams, and to aid in crime scene diagramming. The CSI van is used to transport evidence and investigative tools, and a limited number of personnel, to a major crime scene or a crime scene requiring a vehicle larger than a traditional police vehicle for the purposes of transporting evidence collection materials or crime scene evidence.

Once on-scene, the van is used as shelter, supply storage, and evidence storage b. Purpose:

To be utilized for critical incident callouts.
c. Authorized Use:

The CSI vehicle is used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver license. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 703 – Vehicle Use, SCPD Policy 802 – Property and Evidence.
d. Expected Lifespan:
20 years
e. Fiscal Impact:

Annual maintenance cost of approximately $5,770.

7. Breaching Apparatus: Slugs (Category 7)
a. Description, quantity, capabilities, and purchase cost:

Royal Arms Tesar-2, cost: $1,880, quantity: 470. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure. The powder is designed to dissipate after striking the lock throw in order to minimize entry into the target space for the safety of occupants and operators. Designed to breach heavy locks, dead-bolts, and hinges mounted inside of solid oak or steel doors. Royal Arms Tesar-2 rounds are good until expended if stored properly.

Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists
b. Purpose:

To safely gain entry into a structure.
c. Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 311 – Search and Seizure, SCPD Policy 404 Special Response Team.
d. Expected Lifespan:

Until expended
e. Fiscal Impact:

Individual unit price of approximately $4 each. Estimated between $0 and $1,880 annually

8. Breaching Apparatus: Energetic Breaching Program (Category 7) a. Description, quantity, capabilities, and purchase cost:

Energetic breaching is used to gain rapid access to a room or structure when an emergent law enforcement need exists. All efforts are made to minimize the amount of energetics applied to a target, while still achieving a positive breach.

Energetic breaching materials are used to make breaching charges of various shapes and strength which are specifically designed for the target. The materials release gasses, heat, and light when initiated. The pressure from the gasses released presses against mediums and or the target to cause the structure of the target to fail for a successful breach.

Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the SRT breaching cadre. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training.
i. 25 grain detonation cord, cost: $349, quantity 2.4lbs. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.
ii. 50 grain detonation cord, cost $1,915.49, quantity 1 roll. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a highspeed fuse which explodes, rather than burns, and is suitable for detonating high explosives.
iii. Nonel starters, cost: included with 50 grain det cord, quantity: 88. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive.

Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps
iv. C2 Prima sheet, cost: $1,183.50, quantity: 10 lbs. A PETN based sheet explosive
b. Purpose:

To safely gain entry into a structure.
c. Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All Breachers shall be licensed as a Blaster by Cal/OSHA. All Breachers will attend an approved "Tactical Energetic Breaching" course. Master Breacher designation upon: Attend an accredited “advanced” Energetic Breaching course or equivalent. Participate in a minimum of 50 documented training breaches, of which at least ten (10) were considered “research and development” shots.

Participate in at least 1 operational energetic breach. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 311 – Search and Seizure, SCPD Policy 404 Special Response Team.
d. Expected Lifespan:
25 grain detonation cord – 5 years
50 grain detonation cord – 5 years
C2 Prima Sheet – Until expended
Nonel Starters – until expended
e. Fiscal Impact:
25 grain detonation cord – estimated between $0 and $349 annually. 50 grain detonation cord – estimated between $0 and $1,915.49 annually C2 Prima Sheet – estimated between $0 and $1,183.50 annually Nonel Starters – $0

9. Specialized Firearms and Ammunition (Equipment Category 10) a. Description, quantity, capabilities, and purchase cost:

I. The Carbine Rifle is a firearm, capable of accurately stopping an armed subject at various distances. The Carbine Rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon, designed for semi-automatic & selective fire. The Carbine Rifle does not have an expiration and will need to be serviced or replaced when the Rifle fails or breaks. The .223 / 5.56 cartridge is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. Colt AR-15/M4, cost: $119,850, quantity: 102, FN-15, cost: $46, 371, quantity: 29
II. The Hornady .223 Remington, 75 grain, BTHP Tap Precision cartridge is the primary duty ammunition deployed during potential lethal encounters. Cost: $19,980, quantity: 25,000
III. The Hornady .223 Remington, 62 grain, Tap Barrier cartridge is the secondary ammunition deployed during potential lethal encounters, when shooting through barriers. Cost: $3,996, quantity: 5,000
IV. The Hornady .223 Remington, 55 grain cartridge is the primary training ammunition for the Department. Cost: $40,176, quantity:
100,000
V. The Santa Clara Police Department Special Response Team (SRT) was formed in 1975, in response to very dangerous or violent tactical encounters. The Sniper element deploys with precision rifles, which enables the stopping of an armed subject at a safe distance. The Sniper Rifle does not have an expiration and will need to be serviced or replaced when the Rifle fails or breaks.

The .308 Winchester cartridge: is a rimless, bottlenecked rifle cartridge. The .308 WIN. cartridge is used as a Lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor being worn by armed subjects. JP LRP-07 Rifle cost: $14,276, quantity: 4, TacOps 700, cost: $3,999, quantity: 1, DT SRS-A1 rifle, cost: $7,698, quantity: 2, Spartan rifle, cost: $8,800, quantity: 2.

VI. The Hornady .308 WIN., 110 grain, Tap Urban cartridge is ammunition deployed during potential lethal encounters, in high collateral risk environments. The 110 grain, Tap Urban offers a unique projectile that allows rapid expansion, fragmentation & low retained weight. It also offers the least penetration, but with substantially more temporary & permanent cavity & fragmentation.

Cost: $6,303, quantity: 5,000
VII. The Hornady .308 WIN., 168 grain, ELD Match Tap Precision cartridge is ammunition deployed during potential lethal encounters at longer distances. The 168 grain projectile maintains accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more energy on target. Cost: $18,909, quantity: 15,000.

VIII. The RUAG .308 WIN., 164 grain, Tactical cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 164-grain projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection Conventional bullets break apart or fragment when penetrating glass, which does not allow an accurate hit. Cost: $1,512, quantity: 500
IX. The RUAG .308 WIN., 196 grain, Armor Piercing cartridge is ammunition deployed during potential lethal encounters, when shooting through heavy barriers. The 196 grain projectile is capable of accurately striking targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or fragment when penetrating armor, which does not allow an accurate hit. Cost: $385, quantity: 80
X. The RUAG .338 Lapua Magnum, 247 grain, Styx Action cartridge is ammunition deployed during potential lethal encounters, in high collateral risk environments. The 247 grain Styx Action cartridge offers a unique projectile that allows rapid expansion, fragmentation & low retained weight. It also offers the least penetration, but with substantially more temporary & permanent cavity & fragmentation. Cost: $1,618, quantity: 500
XI. The Hornady .338 Lapua Magnum, 285 grain, ELD Match cartridge, is ammunition deployed during potential lethal encounters at longer distances. The 285-grain projectile maintains accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more energy on target. Cost: $17,766, quantity: 3,840
XII. The RUAG .338 Lapua Magnum, 250 grain, Tactical cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 250-grain projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection Conventional bullets break apart or fragment when penetrating glass, which does not allow an accurate hit. Cost: $953, quantity: 350 XIII. The RUAG .338 Lapua Magnum, 260 grain, Armor Piercing cartridge is ammunition deployed during potential lethal encounters, when shooting through heavy barriers. The 260-grain projectile is capable of accurately striking targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or fragment when penetrating armor, which does not allow an accurate hit. Cost: $3,240, quantity: 500 XIV. Selections of which of the above ammunition to use is dependent on the threat and the environment (to include barriers, weather conditions, uninvolved parties, etc.)
b. Purpose:

To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible. c. Authorized Use:

Only members that are POST certified are authorized to use a rifle. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 300 – Use of Force, SCPD Policy 306.5 – Firearms Training and Qualifications, SCPD Policy 404 – Special Response Team. d. Expected Lifespan:

I. Carbine Rifle – No expiration
II. The Hornady .223 Remington, 75 grain – No expiration III. The Hornady .223 Remington, 62 grain, Tap Barrier – No expiration IV. The Hornady .223 Remington, 55 grain, – No expiration V. Sniper Rifles – No expiration
VI. The Hornady .308 WIN., 110 grain – No expiration
VII. The Hornady .308 WIN., 168 grain – No expiration
VIII. The RUAG .308 WIN., 164 grain – No expiration
IX. The RUAG .308 WIN., 196 grain – No expiration
X. The RUAG .338 Lapua Magnum, 247 grain – No expiration XI. The Hornady .338 Lapua Magnum, 285 grain – No expiration XII. The RUAG .338 Lapua Magnum, 250 grain – No expiration XIII. The RUAG .338 Lapua Magnum, 260 grain – No expiration e. Fiscal Impact:

I. Carbine Rifle – Annual cost between $19,999 - $166,221 II. The Hornady .223 Remington, 75 grain – Annual cost between $0 - $19,980
III. The Hornady .223 Remington, 62 grain, Tap Barrier – Annual cost between $0 - $3,996
IV. The Hornady .223 Remington, 55 grain – Annual cost between $0 - $40,176
V. Sniper Rifle – Annual cost between $900 - $34,773
VI. The Hornady .308 WIN., 110 grain – Annual cost between $0 - $6,303 VII. The Hornady .308 WIN., 168 grain – Annual cost between $0 - $18,909 VIII. The RUAG .308 WIN., 164 grain – Annual cost between $0 - $1,512 IX. The RUAG .308 WIN., 196 grain – Annual cost between $0 - $385 X. The RUAG .338 Lapua Magnum, 247 grain – Annual cost between $0 - $1,618
XI. The Hornady .338 Lapua Magnum, 285 grain – Annual cost between $0 - $17,766
XII. The RUAG .338 Lapua Magnum, 250 grain – Annual cost between $0 - $953
XIII. The RUAG .338 Lapua Magnum, 260 grain – Annual cost between $0 - $3,240

10. Flashbangs (Category 12)
a. Description, quantity, capabilities, and purchase cost:

A Noise Flash Diversionary Devices (NFDD) is a device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDD are used to distract and temporarily incapacitate dangerous suspects by overwhelming their senses of vision and hearing. The distraction allows officers to seize a moment of opportunity to take control of high-risk situations.

I. NFDD 7290M emits a loud “bang” and a flash of light, cost:
$4,345.97, quantity: 96
II. NFDD 7290-5 emits a loud “bang” and a flash of light (5) times, cost: $1,070.13, quantity: 10
III. NFDD 9593 Multi-effect grenades with a loud blast, bright flash and dispersion of stinging .31 caliber pellets. Can also be configured to dispense an instantaneous cloud of irritant powder.

Cost: $443.30, quantity: 11
b. Purpose:

To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use:

Diversionary Devices shall only be used:
i. By SRT officers who have been trained in their proper use. ii. In hostage and barricaded subject situations.
iii. In high risk warrant (search/arrest) services where there may be extreme hazards to officers.
iv. During other high-risk situations where their use would enhance officer safety. v. During training exercises.

All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 300 – Use of Force, SCPD Policy 404 – Special Response Team. d. Expected Lifespan:

I. NFDD 7290M – 5 years
II. NFDD 7290-5 – 5 years
III. NFDD 9593 – 5 years
e. Fiscal Impact:

I. NFDD 7290M – Annual cost between $0 - $4,345.97
II. NFDD 7290-5 – Annual cost between $0 - $1,070.13
III. NFDD 9593 – Annual cost between $0 - $1,070.13

11. Tear Gas (Category 12)
a. Description, quantity, capabilities, and purchase cost:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Santa Clara Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects.

The Santa Clara Police Department uses chemical agents which are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum)
CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S.

Army. There are no known allergic reactions to CS.

OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

I. 5230B – Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. Cost: $2,412, quantity: 67
II. 6230 – Pyrotechnic canister grenade emitting smoke through multiple emission ports for 30 to 40 seconds. May be launched or hand thrown.

Cost: $450, quantity: 15
III. 8230 – The smallest diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports.

Specifically for outdoor use and it should not be deployed on rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. Cost: $504, quantity: 21
IV. 9230 – The 9230 CS Jet-Lite Rubber Ball Grenade is one of the smaller diameter burning grenades that discharges a high volume of chemical agents through multiple emission ports. Specifically for outdoor use and should not be deployed from rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. Cost: $725, quantity: 25.

V. 3330 – Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. Cost: $735, quantity: 35 VI. 6340 – This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. Cost: $360, quantity 10
VII. 4330 – Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. Cost: $1,950, quantity: 75 VIII. The Spede-Heat™ 40mm Short Range CS Round incorporates an aluminum shell and utilizes black powder as the propellant. The Spede- Heat™ 40mm Short Range Round is designed to deliver one dual-ported chemical canister from a 40mm launcher 75 yards to the intended target zone. Cost: $420, quantity: 15
IX. The 6 oz. OC Aerosol Grenade will delivery its payload of 1.3% MC% OC in 20-25 seconds. This is a antomized mist which enhances the pungent

1.3% OC formulation. Cost: $180, quantity: 10
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use:

Only officers who have received POST certification in the use chemical agents are authorized to use chemical agents. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 300 – Use of Force, SCPD Policy 404 – Special Response Team.
d. Expected Lifespan:

I. 5230B – 5 years
II. 6230 – 5 years
III. 8230 – 5 years
IV. 9230 – 5 years
V. 3330 – 5 years
VI. 6340 – 5 years
VII. 4330 – 5 years
VIII. The Spede-Heat™ 40mm Short Range CS Round - 5 years IX. The 6 oz. OC Aerosol Grenade - 5 years
e. Fiscal Impact:

I. 5230B – estimated between $0 and $2,412 annually
II. 6230 – estimated between $0 and $450 annually
III. 8230 – estimated between $0 and $504 annually
IV. 9230 – estimated between $0 and $725 annually
V. 3330 – estimated between $0 and $735 annually
VI. 6340 – estimated between $0 and $360 annually
VII. 4330 – estimated between $0 and $1,950 annually
VIII. The Spede-Heat™ 40mm Short Range CS Round
IX. The 6 oz. OC Aerosol Grenade

12. PepperBall Launcher (Category 12)
a. Description, quantity, capabilities, and purchase cost:

System that uses high pressure air to deliver PAVA powder projectiles (similar to a paint ball delivery system). System capable of launching projectiles at a subject up to 60’. System capable of area saturation up to 160’. Non-lethal option to offer law enforcement officers to deliver chemical agents and kinetic energy impacts to subjects in a potentially violent encounter. De-Escalation tool used to avoid further injuries or lethal options on a subject. Cost: $7,500, quantity:

I. PepperBall LIVE PROJECTILE, The basic PepperBall projectile contains 2% PAVA pepper powder, and is designed for direct impact and area saturation, especially in confined, interior spaces.

Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 0.5% PAVA Powder.8230. Cost: $3,412 quantity: 1500
II. PepperBall VXR LIVE-X PROJECTILE: The VXR Live-X Projectile is a non-lethal round. The projectile contains approximately 10x the PAVA of the VXR LIVE projectile. This projectile is best for direct impact or area saturation. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-425 FPS. The projectile has a direct impact of 150ft and an area of saturation of 390+ft. The projectile contains 2.5% PAVA powder. Cost: $8,984 quantity: 3000
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use:

Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 300 – Use of Force. d. Expected Lifespan:

I. PepperBall Launcher: No expiration
II. Live Projectile: 1 year
III. Live-X Projectile: 1 year
e. Fiscal Impact:

I. PepperBall Launcher: estimated between $0 and $7,500 annually II. Live Projectile: estimated between $0 and $3,412 annually III. Live-X Projectile: estimated between $0 and $9,000 annually

13. Projectile Launch platforms and associated munitions (Category 14) a. Description, quantity, capabilities, and purchase cost:

Penn Arms Launcher: Cost: $23,650, quantity: 22.The Penn Arms Launcher is not a firearm, but a Less-Lethal systems that uses smokeless powder to deliver 40MM projectiles from a safe distance. The Less-Lethal launcher is capable of launching 40MM munitions at a subject up to 25 yards. The Less-Lethal launcher is a single launcher, which allows the Officer to assess after every spent munition. Less-Lethal launcher does not have an expiration and will need to be serviced or replaced when the launcher fails or breaks. The 40MM munition is a Direct Impact Spin Stabilized Smokeless Sponge Munition. The Sponge Baton munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter. Cost: $11,454, quantity: 600
b. Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use:

Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.

All other applicable SCPD policies remain in effect, to include, but not limited to, SCPD Policy 300 – Use of Force.
d. Expected Lifespan:

I. 40mm Launcher: No expiration
II. 40mm Sponge Round: 5 years
e. Fiscal Impact:

I. 40mm Launcher: estimated between $0 and $23,650 annually II. 40mm Sponge Round: estimated between $0 and $12,000 annually
Resolution/Annual Approval of Military Equipment Ordinance Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

APPROVING THE ANNUAL MILITARY EQUIPMENT REPORT

AND APPROVING RENEWAL OF SANTA CL ARA CITY CODE
SECTION 2.80.080 [ “MILITARY EQUIPMENT POLICY” ]
PURSUANT TO AB 481

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

WHEREAS, Santa Clara City Code Section 2.80.080 ( “Military equipment policy”) was adopted in March 2022, approving the Military Equipment Policy, with the requisite findings and process, in accordance with AB 481;
WHEREAS, AB 481 requires the City Council to review its adopted military equipment ordinance annually and to vote on whether to renew the ordinance; WHEREAS, AB 481 requires, further, that in order to renew the Ordinance, the City Council must make a finding that, based on the information contained in the annual military equipment report (attached), each type of military equipment identified in that report has complied with specific standards for approval; and,
WHEREAS, the City Council of the City of Santa Clara , having received the information required by AB 481, deems it to be in the best interest of the City to approve the annual military equipment report and to renew the military equipment policy ordinance SCCC 2.80.080, as set forth below.

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

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

2. That the annual military equipment report submitted to the City Council by the Santa Clara Police Department contains all information required by AB 481 and is hereby approved.

3. That, based on the annual military equipment report submitted by the Santa Clara Police Department, each type of military equipment identified in that report has complied with the Resolution/Annual Approval of Military Equipment Ordinance Page 2 of 2 Rev: 11/22/17
following standards for approval:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. b. The military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
c. T he equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. d. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

4. That the procedural requirements of AB 481 have been satisfied.

5. That Santa Clara City Code Section 2.80.080 is hereby renewed.

6. 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. Annual Military Equipment Report

Chief Patrick Nikolai
SANTA CLARA POLICE DEPARTMENT 601 El Camino Real, Santa Clara, CA

ANNUAL MILITARY

EQUIPMENT USE
REPORT
2022

1 Executive Summary
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481, requiring law enforcement agencies to obtain approval from the applicable governing body, by adopting a military equipment use policy. The Santa Clara Police Department sought City Council approval of the Military Equipment Use Policy and introduced an Ordinance approving military equipment funding, acquisition, and use on March 8, 2022, at a regular open meeting and in doing so, met the Use Policy pursuant to Assembly Bill 481 and allowed the Police Department to fund, acquire, and use military equipment per the new policy.

Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction, only if it determines that the military equipment meets specified standards. The Military Equipment Use Policy is subject to City Council review to determine whether the standards set forth in Assembly Bill 481 have been met, based upon an Annual Military Equipment Use Report.

Assembly Bill 481 requires the publication of the Military Equipment Use Policy and the Annual Military Equipment Use Report on the Department’s website.

In summary, the annual report documents the possession of equipment that the department owns, in some cases for several decades, and was approved for use in May of 2022 by the Santa Clara City Council. Furthermore, it will show that there were no unauthorized uses of the military equipment in 2022, and there were no complaints of unauthorized uses of military equipment either. The Santa Clara Police Department will continue to use the designated military equipment with appropriate consideration to our legal authority as well as civil rights.

Assembly Bill 481 California Government Code section 7072 states the following:
(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the military equipment.
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2 (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well- publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

In addition to maintaining the highest levels of public safety, the Santa Clara Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Department has authored the following Annual Military Equipment Use Report in accordance with annual reporting requirements set forth in California Government Code section 7072.

The Santa Clara Police Department possesses and deploys a wide variety of military equipment to assist in safely achieving the furtherance of its mission statement to “work in partnership with the Community to protect life and property, solve neighborhood problems, and enhance the quality of life in our City.” While the inventory of military equipment varies, the mere possession of the equipment does not warrant its use for every incident.

The Santa Clara Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of equipment options can greatly assist incident commanders, officers, and specialized units in bringing those incidents to a swift resolution, in a safe manner. The use of military equipment is restricted to certain instances and in some cases only by certain units based on training. The use of the Department’s military equipment is continuously evaluated and the use of such equipment by Department personnel is influenced by the totality of the circumstances, public safety, officer safety, civil rights, State law, and information available at the time.

It is incumbent upon incident commanders, supervisors, individual officers, and specialized units to recognize the particular circumstances wherein military equipment should be deployed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution.
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3 This Annual Military Equipment Use Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns from March 8, 2022, through December 31, 2022, and in some cases from January 1, 2022, for the purpose of transparency with available information.

Definitions
Pursuant to California Assembly Bill 481, the following definitions are applicable only to the Santa Clara Police Department’s current military equipment inventory and potential military equipment acquisitions for operational needs. For a more detailed list of “military equipment” definitions, refer to California Government Code sections 7070(c)(1) through (16).

In our City, the “Governing body” refers to our Mayor-Council government. “Military equipment” means any wide variety of items as defined by California Government Code section 7070, subsections (c)(1) through (c)(16) to include:

1. Unmanned Aircraft System (UAS): An unmanned aircraft (e.g., drone) along with the associated equipment to control it remotely to serve as a set of eyes in the sky for law enforcement.

2. Robots: A remotely controlled unmanned machine that operates on the ground, which is utilized to gain situational awareness.

3. Armored Rescue Vehicles: Commercially produced wheeled armored rescue vehicle utilized to safety evacuate innocent people from a dangerous situation and/or to provide law enforcement personnel with ballistic protection to get safely closer to the situation at hand

4. Mobile Incident Command Vehicle (MIC): A vehicle used as a mobile office that provides shelter, access to Department computer systems, and restroom facilities during extended events.

5. Crisis Negotiation Team (CNT) Vehicle: A vehicle used as a mobile office that provides shelter, access to Department computer systems, and restroom facilities extended events.

6. 40mm Launchers and Munitions: 40mm Launchers are utilized by Department personnel as a less lethal tool to launch impact rounds.

7. Diversionary Devices: A light or sound device used to distract dangerous persons while providing law enforcement with a few seconds of advantage to take an individual(s) into custody.

8. Rifles and Munitions: Guns that are fired from shoulder level, which have greater accuracy over a long distance.
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4 9. Chemical Agent and Smoke Canisters: Canisters that contain non-burning chemical agents that are released when deployed.

10. Explosive Breaching Tools: Equipment used to provide an explosive charge to quickly and safely gain entry into structures during high-risk operations.

11. PepperBall Launchers and Projectiles: A device that discharges nonivamide powder (PAVA) projectiles.

12. “Military equipment” does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency. “Military Equipment Use Policy” refers to Santa Clara Police Department General Order 706 and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training (POST), that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment Use Policy.

6. The mechanisms to ensure compliance with the Military Equipment Use Policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.

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5 Introduction
The City of Santa Clara has an estimated population of 128,189 with approximately 44,198 households, among its 19.3 square mile footprint in the heart of Silicon Valley.

Approximately 12,000 businesses call Santa Clara home, including high-tech corporate giants which makes Santa Clara a destination for business travelers from across the globe. In addition, Santa Clara is asset rich, with Santa Clara Convention Center, California’s Great America Theme Park, Mission College, Santa Clara University, Triton Museum of Art, world-class shopping, and Levi’s Stadium, which also makes it a destination for enjoyment.

The volume of calls for service to which the Department responds to on an annual basis reflects a population of that size. In 2022, the Department responded to 44,596 calls requiring an officer response, plus an additional 12,711 self-initiated police calls for service.

Among the 57,307 calls for service, force was used 128 times. Of the force options utilized, military equipment in the form of projectiles were only used during eight (8) of those contacts. These statistics illustrate the relatively few instances (less than 0.22%) of force used by Santa Clara police officers in relation to overall contacts. Moreover, force involving the use of military equipment is a small portion of the overall force used during this time span (6%), and (0.01%) when compared to total contacts.

While the Department’s inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident. The Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. The use of military equipment is restricted for use only in certain instances and in some cases only by certain units.

This section outlines the military equipment usage from March 8, 2022, to December 31, 2022, unless otherwise noted. Certain items of military equipment, particularly consumables (i.e., ammunition, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training to maintain proficiency; training usage is not captured in this section. This section only provides data for the operational use of military equipment listed within this Annual Military Equipment Use Report.

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6 Outreach and Community Engagement
The Department is committed to continuing to build trust and confidence between the Department and the community we serve. As the Department strives to enhance community relationships and continues to be a progressive leader amongst law enforcement agencies nationwide, we want to ensure the public has access to the way its Police Department operates and engages with the public. The Department regularly utilizes select military equipment, including UAS, Armored Rescue Vehicles, the Mobile Incident Command and Crisis Negotiation Team Vehicles, during outreach and community events, as a means of public awareness, transparency, and education.

Military equipment may also be displayed during community events as a means of providing a safe environment for the public to enjoy all the great amenities the City of Santa Clara has to offer.

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7 Unmanned Aircraft Systems (UAS)
Unmanned Aircraft Systems were utilized a total of three (3) times from March 8, 2022, to December 31, 2022.

Authorized usages:
• Collection of evidence in the form of aerial photography/video in support of an investigation (i.e., shooting scenes, homicide scenes). • Support of Special Response Team and Patrol during high risk, tactical or other public safety life-preservation missions (i.e., interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling, contacting a potentially armed, resistive subject that may be hiding, etc.).
• Delivery of items (i.e., Crisis Negotiation Team phone) during critical incidents to engage in de-escalation and/or crisis intervention techniques to resolve incidents peacefully.
• Conduct aerial searches for missing persons.
• Provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms).

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from March 8, 2022, to December 31, 2022.

Robots
Robots were utilized a total of two (2) time from January 1, 2022, to December 31, 2022 • Robots utilized by Explosive Ordinance Disposal – utilized zero (0) times • Robots utilized by Special Response Team – utilized two (2) times

Authorized usages:
• Support of Special Response Team and Patrol during high risk, tactical, or other public safety life preservation missions to include:
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8 • Provide interior visual assessments of structures or outdoor areas to gain intelligence prior to officers entering a dwelling or contacting a potentially armed, or resistive subject that may be hiding).
• Delivery of items (i.e., Crisis Intervention Team phone) during critical incidents to engage in de-escalation and/or crisis intervention techniques in attempt to resolve incidents peacefully.
• Support of Explosive Ordinance Disposal unit during tactical and life preservation missions by disrupting suspicious packages that pose a potential risk for the public.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from March 8, 2022, to December 31, 2022.

Armored Rescue Vehicle
The Armored Rescue Vehicle was utilized a total of thirty-eight (38) times from March 8, 2022, to December 31, 2022. Of these deployments, eight (8) were to assist an outside agency.

Authorized usages:
• Support of Special Response Team and Patrol (to include outside agencies) during critical incidents by providing greater safety to community members and officers beyond the protection level of a shield and/or personal body armor.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from March 8, 2022, to December 31, 2022.

Mobile Incident Command Vehicle, Crisis Negotiation Team Vehicle, and Crime Scene Investigation Vehicle
The Mobile Incident Vehicle (18), Crisis Negotiation Team Vehicle (2), and Crime Scene Investigation Vehicle (38) were utilized fifty-eight (58) times from January 1, 2022, to December 31, 2022.

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9 Authorized usages:
• Utilized as command post for critical incidents during complex events. • Natural disasters (i.e., mutual aid for large scale fires or flooding). • Other large-scale events to provide high visibility and public safety.

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2022, to December 31, 2022.

40mm Launcher
The 40mm Launcher was utilized during two (2) calls for service between January 1, 2022, through December 31, 2022.
• 40mm Impact related rounds – utilized during two (2) calls for service • 40mm OC related rounds – utilized during zero (0) calls for service • 40mm related CS related rounds – utilized zero (0) times

Authorized usages:
• Safely address an individual who displays self-destructive, dangerous, or combative behavior.
• Safely address an armed, or potentially armed, or violent individual. • Protection during freedom of speech and assembly should an incident develop with the need for riot/crowd control or containment of civil unrest incidents. The Department response can range from observation and crowd management strategies, to crowd intervention and control strategies. The 40mm is one of many tools available to law enforcement should officers be required to physically engage in uncooperative or violent behavior, control violent individuals, or effect an arrest. (in compliance with Assembly Bill 48).
• Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk. (i.e., breaking out a vehicle window to get an unobstructed view of an armed barricaded individual). • Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer).
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10 Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2022, through December 31, 2022.

Rifles and Munitions
Rifles were utilized zero (0) times between January 1, 2022, through December 31, 2022.

Authorized usages:
• In accordance with California Penal Code section 835a and SCPD General Order 300 (Use of Force)

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2022, through December 31, 2022.

Diversionary Devices
Diversionary Devices were utilized a total of nine (9) times between January 1, 2022, through December 31, 2022.

Authorized usages:
• Support Special Response Team during call outs and high-risk warrant services • Distract dangerous suspects during assaults
• Hostage rescue incidents
• High-risk room entries

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2022, through December 31, 2022.
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11 Chemical Agents and Smoke Canisters
Chemical Agents and Smoke Canisters were utilized zero (0) times between January 1, 2022, through December 31, 2022.
• CS Canister/Grenade – utilized zero (0) times
• OC Canister/Grenade - utilized zero (0) times
• Smoke Canister/Grenade - utilized zero (0) times
• OC Fogger - utilized zero (0) times
• OC Stream - utilized zero (0) times

Authorized usages:
• Safely address an individual who displays self-destructive, dangerous, or combative behavior.
• During riot/crowd control and civil unrest incidents, chemical agents may be utilized to defend against a threat to life or serious bodily injury to any individual, including any peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control (in compliance with Assembly Bill 48)
• Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk. • Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer).

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2022, through December 31, 2022.

Explosive Breaching Tools
Explosive Breaching Tools were utilized zero (0) times between January 1, 2022, through December 31, 2022.
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12 Authorized usages:
• Safely enter a structure for public safety and life preservation missions (i.e., an explosive breach may be utilized to breach the front door of a residence in which a suspect armed with a handgun is or has been threatening another person).

Unauthorized usages:
• There have been zero (0) reported violations of the military equipment use policy from January 1, 2022, through December 31, 2022.

PepperBall Launchers and Projectiles
PepperBall Launchers were utilized during six (6) calls for service between January 1, 2022, through December 31, 2022.

Authorized usages:
• Safely address an individual who displays self-destructive, dangerous, or combative behavior.
• Safely address an armed, or potentially armed, or violent individual. • Protection during freedom of speech and assembly should an incident develop with the need for riot/crowd control or containment of civil unrest incidents. The Department response can range from observation and crowd management strategies, to crowd intervention and control strategies. The 40mm is one of many tools available to law enforcement should officers be required to physically engage in uncooperative or violent behavior, control violent individuals, or effect an arrest. (in compliance with Assembly Bill 48).
• Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk (i.e., deploying into a structure/vehicle where a barricaded subject is with the result being a peaceful surrender).
• Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer).

13 Inventory
Note: The inventory of certain items of consumable military equipment (i.e., ammunition, diversionary devices, chemical agents, etc.) frequently fluctuates throughout the year due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting, this report reflects approximations of certain consumable items of military equipment during the Annual Report timeframe.

Unmanned Aircraft System
Equipment Name and Model / Manufacturer Quantity
Matrice 30T / DJI 1
Loki Mk2 / Sky Hero 4
H520 / Yuneec 1
Mavic 2 Enterprise Advanced / DJI 4

Robot
Equipment Name and Model / Manufacturer Quantity
Tactical Robot / Transcend 1

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14 Armored Rescue Vehicle
Equipment Name and Model / Manufacturer Quantity
Bearcat / Lenco 1

Mobile Incident Command (Special Response Team Van) Vehicle Equipment Name and Model / Manufacturer Quantity
MT-45, Custom Built / Freightliner 1

Crisis Negotiation Team (Crisis Negotiation Team) Vehicle Equipment Name and Model / Manufacturer Quantity
International 3800/ Navistar 1

40mm Launchers and Munitions
Equipment Name and Model / Manufacturer Quantity
40mm Single Shot Launcher GL 1-40-C / Penn Arms 22
40mm Foam Baton / CTS 539

Breaching Munitions
Equipment Name and Model / Manufacturer Quantity
Tesar-2 / Royal Arms 470

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15 Diversionary Devices
Equipment Name and Model / Manufacturer Quantity
NFDD 7290M / CTS 79
NFDD 7290-5 / CTS 9
Sting-ball grenade 9593 / CTS 11

Rifles and Munitions
Equipment Name and Model / Manufacturer Quantity
Rifles
AR-15 / M4 / Colt 105
FN-15 / FN 29
Remington 700 / Remington 1
LRP-07 / JP 4
SRS-A1 / Desert Tech 2
Deviant / Spartan 2
Munitions
.223 Remington, 75 grain / Hornady 24,000
.223 Remington, 55 grain / Hornady 105,000

5.56x45MM, 62 grain, green tip / Federal Lake City 1,200 .308 WIN, 168 grain / Hornady 14,000
.308 WIN, 110 grain / Hornady 4,800

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16 Rifles and Munitions (Continued)
Equipment Name and Model / Manufacturer Quantity
Munitions
.308 WIN, 164 grain / Ruag 500
.308 WIN, 196 grain / Ruag 80
.338 Lapua Magnum, 285 grain / Hornady 3,000
.338 Lapua Magnum, 247 grain / Ruag 500
.338 Lapua Magnum, 250 grain / Ruag 300
.338 Lapua Magnum, 260 grain / Ruag 400

Chemical Agents
Equipment Name and Model / Manufacturer Quantity
5230B (CS) / CTS 64
6230B (CS) / CTS 13
8230 (CS) / CTS 21
9230 (CS) / CTS 25
Spede-Heat (CS) / Deftech 14
4330 40mm (CS) / CTS 75
6340 (OC) / CTS 10
Fogger Aerosol (OC) / Deftech 10
Launching Cup / CTS 4
1210 Launching Cartridges / CTS 140

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17 Explosive Breaching Tools
Equipment Name and Model / Manufacturer Quantity
25 grain Detonating Cord Primacord / EBAD 2.5 lbs.
50 grain Detonating Cord Primacord / EBAD 3 rolls
C2 Primasheet / EBAD 9.6 lbs.

Starters / Nonel 168
Charges / SCPD 16

PepperBall Launchers and Projectiles
Equipment Name and Model / Manufacturer Quantity
Launcher / PepperBall 15
Inert munitions / PepperBall 4,875
LIVE munitions / PepperBall 1,500
LIVE-X munitions / PepperBall 4,125
LIVE-MAXX munitions / PepperBall 90
Fiscal Year (FY) 2022
July 2021 – June 2022
In Fiscal Year 2021/22, the Department was initially allocated 221 full-time equivalent employees. The City faced a COVID-19-induced General Fund shortfall of $29 million, which resulted in budget reductions in every department to bring the budget into balance. While the adopted budget was $80,454,471, there were ebbs and flows to this amount throughout this Fiscal Year as a result of City Council priorities.

The department’s adopted budget for FY 2021/22 was approximately $80,556,421, approximately 85% of which is allocated for personnel expenses. The portion of the budget allocated for military equipment expenditures represents only a small fraction of the Department’s operating costs. However, the funds spent on military equipment are an integral part of providing the essential resources and material needed to keep the community and officers safe. The significance and enhanced capability that the current City of
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18 military equipment inventory provides is immense and cannot be understated from a public safety perspective.

The following outlines the fiscal impact of military equipment on the annual budget. As evidenced by the chart below and subsequent data tables, military equipment and related costs are nominal as compared to the overall Department budget. Cost breakdowns showcase the individual equipment prices per unit, combined with costs related to training, maintenance, upgrades, other ongoing costs, and source funding:

Operating Budget Allocations

Category FY 2021/22 Amended Budget Budget Percentage
Personnel Costs $68,769,722 85%
Military Equipment Costs $128,950 0.2%
All Other Operating Costs $11,657,749 15%
TOTAL $80,556,421 100.0%

Budget FY 2021/22
100.00%

90.00%

80.00%

70.00%

60.00%

50.00%

40.00%

30.00%

20.00%

10.00%

0.00%
All Other Operating Costs
Military Equipment Costs
Personnel Costs

ALL OTHER

OPERATING MILITARY

COSTS EQUIPMENT
COSTS

PERSONNEL
COSTS
85%

0.2%
15%
Santa Clara Police Department
Amended
\
■
■
■
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19 Military Equipment Expenditures by Category and Projected Cost Fiscal Year 2023
Category Ongoing Annual
Cost/Maintenance
FY 2021/22
(approximate)
Projected Annual
Cost/Maintenance
FY 2022/23
(approximate)
Unmanned Aircraft System (UAS)
Maintenance
$0 $15,000
Robot Maintenance $250 $250
Armored Vehicles Maintenance $2,500 $2,500
Special Use Vehicles (SRT, CNT,
CSI)
$13,900 $13,900
40mm Launchers and Munitions $19,000 $19,000
Diversionary Devices $1,000 $1,000
Rifles and Munitions Maintenance $68,000 $68,000
Explosive Breaching Tools
Maintenance
$5,000 $5,000
PepperBall Launchers and Projectiles
Maintenance
$4,300 $4,300
TOTAL $113,700 $128,950

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20 CONSUMABLE MILITARY EQUIPMENT ACQUISITIONS FY
2023
Projected consumable military equipment acquisitions for FY23 (July 2022 – June 2023) are anticipated to be consistent with current replenishment schedules and quantities for consumables. A variety of commercial factors (i.e. supply and demand, inflation, supply chain issues, etc.) may influence the fiscal impact of future military equipment acquisitions and ongoing military equipment consumables can vary according to inventory levels that fluctuate as a result of training, operational usage, or manufacturer recommended replacement guidelines.

Categories of consumable military equipment are listed below:

Ammunition – all calibers
Explosive Breaching Tools
Chemical Agent and Smoke Canisters
Specialty Munitions (40mm Munitions and Less Lethal Munitions) Diversionary Devices
PepperBall Projectiles
Funding for the majority of the consumable military equipment for FY23 is anticipated to be sourced from the existing police budget.

NON-CONSUMABLE MILITARY EQUIPMENT ACQUISITIONS FY 2023
Projected non-consumable military acquisitions for FY23 (July 2022-June 2023) are anticipated to be limited at this time. Any unanticipated replacements of existing non- consumable military equipment for FY23 will be initiated on a case-by-case basis that is dependent on operational need, operational wear, or end-of-serviceable lifespan and will be consistent with the Council-approved policy for acquisitions of military equipment.

Categories of non-consumable military equipment are listed below:

Unmanned Aircraft System (UAS)
Robots
Armored Vehicles
Mobile Incident Command Vehicle (MIC)
Crisis Negotiation Team (CNT) Vehicle
40mm Launchers
Combined Systems LC5 Launching Cup
Rifles
PepperBall Launchers
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21 Projected Acquisitions
The Department has no current projected acquisitions of non-consumable may equipment for Fiscal Year 2023:

The remainder of non-consumable military equipment will consist of ongoing maintenance costs. Funding for the majority of non-consumable military equipment is anticipated to be sourced from the existing police budget.

Training Costs
Calendar Year 2022 – Military Equipment Use Training Costs The use of certain items of military equipment and related special tactics are perishable skills that require ongoing training to maintain proficiency. While the Department conducts constant training within its Training Division and within certain Specialized units (i.e. CNT, SWAT, Less-Lethal Cadre, etc.) there is significant tactical insight and an enhanced skillset to be gained by participating in external training courses. These courses provide officers a curriculum and exercises designed to impart knowledge, skills, and enhanced capability. The courses attended by officers can vary year to year depending on operational need. Funding sources for training are sourced from the existing police budget or grants unless otherwise indicated.

The following are external training classes attended by Department members in 2022 and associated costs related to military equipment covered in the annual equipment report:

Command and Control of Multi-Jurisdictional Incidents
Course Presenter: Savage Training Group
Course Content: A special seminar designed to prepare law enforcement supervisors for dealing with large-scale incidents that necessitate mutual aid.

Cost: $198.00/officer (9 students - existing police budget) Sniper Unit Overview
Course Presenter: Advanced Combat Evolutions
Course Content: This 16-hour course provides training to Rangemaster regarding oversight of a sniper team’s training, equipment, documentation, qualification, personnel, and planning.

Cost: $399.00/officer (1 student - existing police budget) •. r Cityof
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22 Basic SWAT School
Course Presenter: Los Angeles Sheriff’s Department
Course Content: A 40-hour course designed to teach the experienced police sniper how to provide proactive over-watch protection to any public venue where large amounts of people attend, and that could possibly be a target of a domestic or international attack.

Cost: $485.00/officer (2 Officers – existing police budget)

High Risk Warrant Service
Course Presenter: National Tactical Officers Association Course Content: A special seminar to train SWAT personnel in the elements of a high- risk warrant service. Concepts involving warrant planning, intelligence gathering, target site scouting, uses of diversion and breaching, and methods of executing the warrant are taught.

Cost: $539.00/officer (1 student - existing police budget)

Less Lethal Weapons Instructor Course
Course Presenter: San Jose Police Department
Course Content: This 16-hour CA P.O.S.T. Certified Course provides training in the operation, application, maintenance, and use of the projectile impact weapon.

Cost: No Cost (6 students – existing police budget)

Rangemaster Development
Course Presenter: Gilroy Police Department
Course Content: This 3-day / 24-hour development course is designed to educate lead firearms instructors or supervisors, who are assigned as the Rangemaster, on a variety of topics to ensure their firearms training programs and range facility are operating safely, reducing liability, and defendable in court.

Cost: $600.00/officer (1 student - existing police budget)

Unmanned Aircraft Systems Basic Pilots Course
Course Presenter: Alameda County Sheriff’s Office
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23 Cost: $510.00/officer (8 students - existing police budget)

Police Response to Active Shooter Instructor Certificate Course Presenter: National Tactical Officers Association Course Content: This 40-hour course is a train-the-trainer course on immediate deployment/rapid intervention of an active shooter incident.

Cost: $699.00/officer (1 student - existing police budget)

Department Transparency
Community Complaints/Concerns/Comments
In some instances, the application and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that the Department address questions from community members regarding the application and use of military equipment.

The Santa Clara Police Department is committed to full and fair investigations of community member complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of community complaints.

Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistently high level of integrity and efficiency maintained by the Santa Clara Police Department.

The following is a summary of formal investigations, including officer-involved shootings and the use of military equipment from January 1, 2022, through December 31, 2022.

Complaints or Concerns:

The Santa Clara Police Department’s Professional Standards Unit conducted an inspection of all reported complaints and concerns from January 1, 2022, through December 31, 2022. The results of the inspection found zero (0) complaints or concerns related to the use of military equipment.

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24 Officer-Involved Shootings (OIS):

There were zero (0) OIS incidents that occurred involving the use of military equipment from January 1, 2022, through December 31, 2022.

Response to Procedure Violations
California Assembly Bill 481, enacted California Government Code section 7072(a)(3), requires local law enforcement agencies to provide information regarding military equipment use procedure violations and responses to those violations. In accordance with the new law, the Santa Clara Police Department has actively tracked this information. From January 1, 2022, through December 31, 2022, there have been zero (0) reported violations of the military equipment use policy.

Responses:

Not applicable.

Internal Audits
California Assembly Bill 481 requires local law enforcement agencies to include the results of any internal audits or inspections conducted and any responsive actions in its annual military equipment use report. When an audit is conducted, inspectors shall refer to the department’s military equipment use policy for established guidelines regarding funding, acquisition, or use of military equipment.

The duty of auditing the Santa Clara Police Department’s military equipment use has been assigned to the Department’s Special Operations Division. This unit has developed a tracking and auditing process to ensure compliance, consistency, accountability, and transparency as outlined in SCPD General Order 706 (Military Equipment) which states the following:

SCPD General Order 706.3 Military Equipment Coordinator states: Compliance The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: Acting as liaison to the governing body for matters related to the requirements of this policy. Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. Conducting an inventory of all military equipment at least annually. Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Clara Police Department (Government Code § 7071). Preparing for, scheduling, and coordinating the annual community engagement meeting to include: Publicizing the details of the meeting. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment. Preparing the annual military equipment report for submission to •. r Cityof
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25 the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.

Internal Audit Results
The Military Equipment Coordinator conducted one audit related to department approved military equipment use from January 1, 2022 through December 31, 2022.

The detail and results are listed below:

AUDIT – The military equipment coordinator completed an audit of all departmental military equipment, with the assistance of subject matter experts responsible for or assigned to the equipment. The scope of the inspection was to ensure operational readiness of the designated equipment assigned to officers and sergeants and compliance with AB 481.

FINDINGS – The results of the audit are included within this annual report.

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26 Summary of Military Equipment
The inventory of military equipment, particularly consumable material (diversionary devices, various munitions, explosive breaching tools, chemical agent, and smoke canisters, etc.) fluctuates regularly. Fluctuation is based on a variety of factors, including but not limited to operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Santa Clara Police Department is committed to transparency in disclosing its military equipment inventory and related information to our community and elected officials in compliance with the law.

The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by the Santa Clara Police Department. (NOTE: The manufacturer descriptions and source photos contained within are referenced via publicly accessible website source citations unless otherwise stated. The website source citations utilized in this report are for equipment descriptive purposes only and are not an endorsement of a particular product or vendor by The City of Santa Clara or The Santa Clara Police Department. Additionally, the language used by the manufacturer to describe such equipment use is included in this report as required by California Government Code section 7070(d)(1), however, the descriptions may not align with the actual methods of use in accordance with Santa Clara Police Department Policy, as well as local, state, and federal law.)
Unmanned Aircraft Systems (UAS): An unmanned aircraft system of any type that can sustain direct flight, whether remotely controlled or via pre-programing, and all the attached systems designed for gathering information via photography, recording, or any other means.

Capability: The Santa Clara Police Department uses Unmanned Aircraft Systems (UAS) of varying sizes and capabilities to enhance public safety. The UAS can be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to major collision investigations, search for missing persons, natural disaster management, crime scene photography, SWAT, tactical or other public safety and life- preservation missions, and in response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.

The UAS are used in compliance with all federal, state, and local laws.

Usage: It is the policy of the Santa Clara Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to state and federal law. Additionally, only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 606 (Unmanned Aircraft Systems), FAA Regulation 14 CFR Part 107 Small Unmanned Aircraft Systems, the City of Santa Clara UAS policy, and Penal Code section 13652, initiated by •. r Cityof
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27 California Assembly Bill 48. More information about the rules for public safety agencies can be found on the FAA website at https://www.faa.gov/uas/public_safety_gov/. The use of UAS is governed by federal, state, and local laws and regulations. The Federal Aviation Admiration (FAA) governs all aircraft rules and regulations, including those applicable to UAS, for flight within the US National Airspace.

Training Requirements: All department UAS operators are licensed by the Federal Avia
tion Administration for UAS operation after the completion of an 80-hour training course. In addition, each UAS operator must attend 40 hours of department training prior to the operational use of the UAS, followed by quarterly department UAS training.

DJI Matrice 30T

Manufacturer: DJI
Manufacturer Description: The DJI Matrice 30T Combo w/ Care Enterprise is the DJI Enterprise flagship, weatherproof drone that fits in a backpack. It integrates multiple high- performance sensors into one single camera payload, is controlled with the DJI RC Plus Remote, and runs on upgraded DJI Pilot 2 software, which significantly improves the flight experience. The powerful M30T offers the endurance and capability necessary for rugged professional use cases. Additionally, its size makes it ideal for easy transportation and fast setup. The UAS also includes a 40mm 640x512 30fps thermal imaging camera with measurement accuracy of ±2°C or ±2%.

QUANTITY

1 LIFESPAN

10 years

INITIAL COST

$13,999/unit
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28 DJI Mavic 2 Enterprise Advanced

Manufacturer: DJI
Manufacturer Description: Designed to capture accurate details, the Mavic 2 Enterprise Advanced is a highly versatile yet compact tool that features; high-resolution visual & thermal camera, 32x digital zoom, centimeter-level positioning, and RTK omnidirectional obstacle sensing.

Sky Hero Loki Mk2

Manufacturer: Sky Hero
Manufacturer Description: The Loki Mk2 is the most incredible indoor small tactical UAV system in the world, fully purpose built for close quarter, under roof, tactical scouting missions. Operating in congested and dark environment, its purpose is to place a microphone and a camera practically anywhere to collect critical life-saving intelligence of immediate threats ahead of a team. It enables reliable and rapid situational awareness for precise decision making, while maximizing the team’s safety.

QUANTITY

4 LIFESPAN

10 years

INITIAL COST

$6,500/unit

QUANTITY

4 LIFESPAN

3-5 years

INITIAL COST

$9,500/per pair
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29 Yuneec H520

Manufacturer: Yuneec
Manufacturer Description: The H520E/520 is designed with the inspection industry in mind with six-rotor systems that allow for stable, precise flight, long focal-length lenses that allow the UAS to fly at greater distance from an object and data storage that may be shared instantly from the ST16S/E Ground Station or delivered directly in 4K/2K/HD video or 20 Mp still images.

Robots: A machine that operates on the ground that is capable of being controlled remotely as well as all the supporting or attached systems designed for gathering information through photographs, recordings, or by other means.

Capability: Robots can be used to provide protection from suspected and known explosive hazards. They are also used in tactical support of special operations and can be used to gain visual/audio data, deliver a Crisis Negotiation Team phone, open doors, and clear buildings.

Usage: Only assigned operators who have completed the required training shall be authorized to operate the Transcend Tactical Robot. Use is established by the Special Response Team Commander and or Incident Commander.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 404 (Special Response Team). It is the policy of the Santa Clara Police Department to utilize a robot only for official law enforcement purposes pursuant to state and federal law including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: Robot operators of the Transcend Tactical Robot shall receive department training in the safe handling of the robots and show competence in the operation of the equipment.

QUANTITY

1 LIFESPAN

3-5 years

INITIAL COST

No cost, included with robot
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30 The Department currently possesses the following robot:

Transcend Tactical Robot

Manufacturer: Transcend Robotics
Manufacturer Description: Double Patented Automatic Stair and Obstacle Climbing Chassis. No frustrating flipper controls: just move forward to climb stairs and obstacles.

Cameras: Drive Camera (Night Vision), Pan Tilt Zoom (25x zoom, 90/15 degree up/down tilt, auto infrared night vision), FLIR Thermal. ~ 3 hours constant driving. ~ 12 hours monitoring / intermittent driving. ~ 2,500 ft. LOS / ~500 ft. NLOS. 100+ lb. payload. Zero degree turning radius. Turns on carpet. Drives over clothes. Two Way Audio (Push to Talk). Key Ignition. Easy Battery Swapping (Robot & Controller). (Description Source: https://www.transcendrobotics.com/)

Armored Vehicle: Commercially produced, wheeled, armored personnel vehicle utilized for law enforcement purposes.

Capability: Armored vehicles are utilized in response to critical incidents to enhance officer and community safety, improve scene contamination and stabilization, and assist in resolving critical incidents.

Usage: The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident.

Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with Department policy and training.

Legal Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 703 (Vehicle Use). It is the policy of the Santa Clara Police Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to state and federal law including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

QUANTITY

1 LIFESPAN

10-15 years

INITIAL COST

$12,276/unit
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31 Training Requirements: All drivers/operators shall attend formalized instruction and be trained in vehicle operations and practical driving instruction.

Bearcat

Manufacturer: Lenco
Manufacturer Description: The Lenco BearCat is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. The G2 has excellent on- road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government.(Description Source:
https://www.lencoarmor.com/model/bearcat-g2-police-government/)

Mobile Incident Command Vehicle (MIC)
Mobile Incident Command Vehicle: A completely self-contained command post designed to provide shelter, access to department computers, and restroom facilities for extended events. This vehicle can also be used to facilitate pre-planned or significant events, which require on-site planning and incident command personnel.

Capability: As a mobile base of operation, this vehicle contains specialized command, control and communications equipment which can be used during a critical incident, large events, natural disasters, and community events.

Usage: The MIC is to be utilized for planned or unplanned events. Only officers trained in the deployment and operations of the MIC, in a manner consistent with Department policy and training, are authorized to operate it.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 703 (Vehicle Use). It is the policy of the Santa Clara Police Department to use the MIC only for official law

QUANTITY

1 LIFESPAN

20 years

INITIAL COST

$309,000/unit
The Center of What 's Possible

32 enforcement purposes, and in accordance with California state law regarding the operation of motor vehicles as well as the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: The driver/operator shall receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver. Driver/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing.

The Department currently possesses the following Mobile Incident Command Vehicle:

Mobile Incident Command Vehicle (MIC)

Manufacturer: Freightliner M2
Manufacturer Description: The MIC is a Freightliner MT 45 vehicle with a custom-built chassis. Due to the vehicle’s custom features, an exact manufacturer’s description is unavailable. The company that custom-built the Freightliner went bankrupt in 2006. (Description Source unavailable due to customization)

Crisis Negotiation Team (CNT) Vehicle
Crisis Negotiation Team Vehicle: A completely self-contained command post designed to provide shelter, access to Department computers, and restroom facilities for extended events.

Capability: As a mobile base of operation, this vehicle contains specialized command and communications equipment which can be used during critical incident callouts where SWAT/CNT have been called.

Usage: The CNT vehicle may be used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver’s license.

QUANTITY

1 LIFESPAN

20 years (Currently expired)

INITIAL COST

$162,000/unit
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33 Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 703 (Vehicle Use) and shall be in accordance with California state law regarding the operation of motor vehicles as well as the provisions of Penal Code section 13652, initiated by California Asse mbly Bill 48.

The Department currently possesses the following Crisis Negotiation Team vehicle(s):

Crisis Negotiation Team (CNT) Vehicle

Manufacturer: 1993 International Model 3800
Manufacturer Description: Purchased by the City of Santa Clara for the Library Department for use as a Bookmobile in 1993 for $165013. The vehicle was reassigned to the SCPD in 2006 and retrofitted with and HNT package for a cost of $13291.The CNT Vehicle was custom built for the SCPD from an International Model 3800 chassis. (Description Source unavailable due to customization)

QUANTITY

1 LIFESPAN

20 years (Currently expired)

INITIAL COST

$165,013/unit
City of
Santa Clara
The Center of What 's Possible

34 Crime Scene Investigation Team (CSI) Vehicle
Crime Scene Investigation Team Vehicle: A completely self-contained command post designed to provide shelter and access to Department computers for extended events.

Capability: As a mobile base of operation, this vehicle contains specialized command and communications equipment which can be used during critical incident callouts or major investigations.

Usage: The CSI vehicle may be used by officers and staff who have been properly trained in the safe handling of the vehicle. The driver of the vehicle shall have a valid California driver’s license.

Legal and Procedural Rules: The use of this equipment shall comply with the author
izations and prohibitions set forth in SCPD General Order 703 (Vehicle Use) and shall be in accordance with California state law regarding the operation of motor vehicles as well as the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

The Department currently possesses the following CSI Team vehicle(s):

Crime Scene Investigation Team (CSI) Vehicle

Manufacturer: 2018 Ford E450 Cutaway Custom
Manufacturer Description: The CSI Vehicle was custom-built for the SCPD from a Ford E450 chassis.
(Description Source unavailable due to customization)

QUANTITY

1 LIFESPAN

20 years

INITIAL COST

$186,714/unit
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35 40mm Launchers and Munitions
40mm Launchers: A single-shot weapon launcher capable of firing an array of 40mm rounds.

Capability: 40mm launchers can fire a variety of ammunition with a maximum effective range of one hundred thirty-one feet (131 feet).

Usage: The use of the 40mm may be deployed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. The range of the weapon system helps to maintain space between officers and a suspect and reduce the immediacy of the threat, which is a principle of de-escalation. This system has additional uses which include but are not limited to self-destructive, dangerous, and/or combative individuals, riot/crowd control and in civil unrest incidents, circumstances where a tactical advantage can be obtained, against potentially-vicious animals, and in training exercises or displayed during community events.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Orders 300 (Use of Force) and 303 (Control Devices and Techniques). It is the policy of the Santa Clara Police Department to utilize 40mm munitions only for official law enforcement purposes, and pursuant to state and federal law, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: Sworn members utilizing 40mm less lethal chemical agent or impact rounds are trained in their use by P.O.S.T.-certified less lethal and chemical agent instructors.

Chemical Agent and Smoke Canisters
Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed
Capability: Chemical agent and smoke canisters have a vast variety of individual capabilities and applications. Chemical agent and smoke canisters carry the agent into the environment in a variety of methods, including but not limited to a micro-pulverized solid (powder), a liquid mist (fogger), a liquid or foam stream, burning pellets (smoke), pyrotechnic devices, and vapor aerosols. Exposure to chemical agents normally causes no lasting effects. This equipment has various indoor and outdoor capabilities and uses.

Chemical agents shall be used with caution and only by trained personnel.

Usage: Chemical agent and smoke canisters are used to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to, self-destructive individuals, dangerous and/or combative individuals, riot/crowd control and civil unrest •. r Cityof
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36 incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and in training exercises or displayed during community events.

Legal and Procedural Rules: The use of this equipment shall comply with the author
izations and prohibitions set forth in SCPD General Order 303.6 (Tear Gas Guidelines). It is the policy of the Santa Clara Police Department to utilize chemical agents only for official law enforcement purposes, in accordance with the department’s Use of Force Policy, and pursuant to state and federal law, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: SCPD Officers utilizing chemical agent and smoke canisters are certified by California POST less lethal and chemical agent instructors.

The Department currently possesses the following 40mm launchers:

Penn Arms 40mm Launcher (GL 1-40-C)

Manufacturer: Penn Arms
Manufacturer Description: A Cerakoted 40mm single-shot break-open frame launcher with a rifled barrel, collapsible stock, and combo rail. Features include: Double-action trigger, trigger lock push button and hammer lock safeties. (Description Source: https://www.combinedsystems.com/product/l140-3cer-cerakoted- single-launcher-collapsible-stock-combo-rail/)

QUANTITY

22 LIFESPAN

Unknown

INITIAL COST

1,0 5/ n
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37 Combined Tactical Systems 4557 - 40mm Foam Baton

Manufacturer: Combined Systems, Inc.

Manufacturer Description: The Model 4557 Sponge Baton is a spin-stabilized projectile delivering blunt trauma effect. Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

CAUTION: Shots to the head, neck, thorax, heart, or spine can result in fatal or serious injury.
(Description Source: https://www.combinedsystems.com/product/4557-40mm-sponge- smokeless-spin-stabilized-4-long/)
Combined Tactical Systems 5230B (CS) Baffled Canister Grenade

Manufacturer: Combined Systems, Inc.

QUANTITY

539

LIFESPAN

5 years

INITIAL COST

$19/unit

QUANTITY

64 LIFESPAN

5 years

INITIAL COST

$36/unit
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38 Manufacturer Description: Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire. (Description Source: https://www.combinedsystems.com/product/5230b-cs-baffled- canister-grenade-pyro-low-flame-potential-2/)
Combined Tactical Systems 6230 (CS) Canister Grenade

Manufacturer: Combined Systems, Inc.

Manufacturer Description: Pyrotechnic canister grenade emitting smoke through multiple emission ports for 30 to 40 seconds. May be launched or hand thrown. (Description Source: https://www.combinedsystems.com/product/6230-cs-canister- grenade)
Combined Tactical Systems 8230 (CS) - Outdoor Tactical Grenade, Pyro
Manufacturer: Combined Systems, Inc.

QUANTITY

13 LIFESPAN

5 years

INITIAL COST

$18/unit

QUANTITY

21 LIFESPAN

5 years

INITIAL COST

$24/unit
City of
Santa Clara
The Center of What 's Possible

39 Manufacturer Description: The smallest diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically, for outdoor use and it should not be deployed on rooftops, in crawl spaces or indoors due to fire producing capability. Can be hand thrown or launched. (Description Source: https://www.combinedsystems.com/product/8230-outdoor-tactical- grenade-cs/)
Combined Tactical Systems 9230-CS Jet-Lite Rubber Ball Grenade, Pyro

Manufacturer: Combined Systems, Inc.

Manufacturer Description: The 9230 CS Jet-Lite Rubber Ball Grenade is one of the smaller diameter burning grenades that discharges a high volume of chemical agents through multiple emission ports. Specifically, for outdoor use and should not be deployed from rooftops, in crawl spaces or indoors due to fire producing capability. (Description Source https:/ /www.cmcgov.com/product/cts-outdoor-jet-lite-rubber-ball- cs/

QUANTITY

25 LIFESPAN

5 years

INITIAL COST

$29/unit
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40 Defense Technology Spede-Heat 40mm

Manufacturer: Defense Technology
Manufacturer Description: The Spede-Heat™ CS Long-Range Munitions delivers one chemical canister of CS agent from a 40 mm launcher down range up to 150 yards. The Spede-Heat™ is a pyrotechnic round designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds from a single source. The Spede-Heat family may be used to conceal tactical movement or to route a crowd.
(Description Source: https://www.defense-technology.com/) Combined Tactical Systems 4330 - CS Liquid Barricade

Manufacturer: Combined Systems, Inc.

QUANTITY

14 LIFESPAN

5 years

INITIAL COST

$28/unit

QUANTITY

75 LIFESPAN

5 years

INITIAL COST

$26/unit
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~PEOE-HEA cs
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41 Manufacturer Description: Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room.
(Description Source: https://www.combinedsystems.com/product/40mm-cs-liquid- barricade-spin-stabilized-4-8-long/)
Combined Tactical Systems 6340 (OC) - Vapor Grenade

Manufacturer: Combined Systems, Inc.

Manufacturer Description: CTS 6340 – This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. (Description Source: https://www.combinedsystems.com/product/6340-oc-vapor- grenade/)
Defense Technology Fogger Aerosol (OC)

QUANTITY

10 LIFESPAN

5 years

INITIAL COST

$36/unit

QUANTITY

10 LIFESPAN

5 years

INITIAL COST

$18/unit
The Center of What 's Possible

42 Manufacturer: Defense Technology
Manufacturer Description: The 6 oz. OC Aerosol Grenade will deliver a payload of

1.3% MC% OC in 20-25 seconds. This is an atomized mist which enhances the pungent

1.3% OC formulation. Ideal for area denial areas like attics, garages, etc. The canister may also be handheld to direct the spray pattern. This product is designed to provide room clearing ability with minimum clear up requirements. (Description Source: https://www.defense-technology.com/product/first-defense-7-mk-9- fogger-oc-aerosol/)
Combined Tactical Systems LC5 Launching Cup
Combined Tactical Systems LC5 Launching Cup: A cup that attaches to the department’s Remington 870 12-gauge shotguns, which allows officers to launch canisters of chemical agents or smoke.

Capability: The Combined Tactical Systems LC5 Launching Cup is capable of being attached to the almost any 12-gauge shotgun.

Usage: The use of the Combined Tactical Systems LC5 Launching Cup may be deployed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. The range of the weapon system helps to maintain space between officers and a suspect and reduce the immediacy of the threat, which is the principle of de-escalation. This system has additional uses which include but are not limited to self- destructive, dangerous, and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and training exercises or approved demonstrations.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 300 (Use of Force). It is the policy of the Santa Clara Police Department to utilize this equipment only for official law enforcement purposes, and pursuant to state and federal law, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: Officers utilizing the launching cups are trained by California P.O.S.T.-certified chemical agent instructors.

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43 The Department currently possesses the following Launching Cup(s):

Combined Tactical Systems LC5 Launching Cup

Manufacturer: Combined Systems, Inc.

Manufacturer Description: The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12ga shotgun, and the munition launched with our model 2600 launching cartridge. These can be fired from most 12ga smooth bore shotguns.
(Description Sourc e: https://www.combinedsystems.com/product/lc5-and-lc6-launching- cups/)
CTS 2600 and Safariland 1210 Launching Cartridges

Manufacturer: Combines Systems, Inc / Safariland

QUANTITY

4 LIFESPAN

No expiration

INITIAL COST

$302/unit

QUANTITY

140

LIFESPAN

No expiration

INITIAL COST

$5/unit
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-

44 Manufacturer Description: These non-projectile 12GA “blank” launching cartridges allow SRT officers to safely launch chemical agent canisters with a launching cup- equipped, dedicated Remington 870 shotgun.
(Description Source: https://www.combinedsystems.com/product/lc5-and-lc6-launching- cups/)

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45 Diversionary Devices
Diversionary Devices: Canisters that emit a loud noise and bright light that is used to distract dangerous persons.

Capability: A Diversionary device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. To produce atmospheric over- pressure and brilliant white light and, as a result, a diversionary device can cause short-term (6- 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Usage: Diversionary devices are used during training and tactical events when a diversion or distraction are believed to be an effective tool to bring an event to a safe resolution.

Diversionary devices shall only be used by officers who have been trained in their proper use, in hostage and barricaded subject situations, in high-risk (search/arrest) warrant services where there may be extreme hazards to officers, during other high-risk situations where their use would enhance officer safety, and during training exercises.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in General Order 303.10 (Noise Flash Diversionary Devices). It is the policy of the Santa Clara Police Department to utilize diversion devices only for official law enforcement purposes, and pursuant to state and federal law regarding the use of force including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: Prior to using this equipment, officers must attend diversionary device training that is conducted by California POST certified instructors.

The Department currently possesses the following Diversionary Devices:

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46 Combined Tactical Systems, 7290-5 Flash-Bang

Manufacturer: Combined Systems, Inc.

Manufacturer Description: 7290-5 – The patented multi-bangs feature top and bottom non-fragmenting, minimal movement devices that perform with high reliability incorporating CTS Superior fuze components with the patented and US Army adopted Confidence Clip and pin shroud.
(Description Source: https://www.combinedsystems.com/product/7290-5-flash-bang- aluminum-body-5-bang/)
Combined Tactical Systems, 7290M Mini Flash-Bang

Manufacture: Combined Systems, Inc.

Manufacture Description: The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has

QUANTITY

9 LIFESPAN

N/A

INITIAL COST

$107/unit

QUANTITY

9 LIFESPAN

N/A

INITIAL COST

$38/unit
•. r Cityof
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47 the same 180db output of the 7290 and produces 6-8 million candelas of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. (Description Sourc e: https://www.combinedsystems.com/product/7290m-mini-bang- steel-body- priced-individually-must-order-in-quantities-of-12/) Combined Tactical Systems, CS 9593 Sting Ball Grenade

Manufacturer: Combined Systems, Inc.

Manufacturer Description: 9593 – Multi-effect grenades with a loud blast, bright flash, and dispersion of stinging .31 caliber pellets. Can also be configured to dispense an instantaneous cloud of irritant powder.
(Description Source: https://www.combinedsystems.com/product/9593-cs-sting-ball- grenade- approx-105-rubber-balls/)
Rifles and Munitions
Rifles: The rifle is a gun that is fired from shoulder level, having a longer, grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Capability: The rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Additionally, rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor. However, rifles are not appropriate for every situation.

Usage: To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

QUANTITY

11 LIFESPAN

N/A

INITIAL COST

$40/unit
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48 Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in General Order 300 (Use of Force) and XXX (Firearms). It is the policy of the Santa Clara Police Department to utilize rifles only for official law enforcement purposes, and pursuant to state and federal law regarding the use of force, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification four times per year.

The Department currently possesses the following rifles:

Colt (AR-15 / M4) Rifle .223/5.56 caliber

Manufacturer: Colt
Manufacturer Description: Throughout the world today, Colt's reliability, performance, and accuracy provide our Armed Forces the confidence required to accomplish any mission.

Colt's LE6920 series shares many features of its combat-proven brother, the Colt M4. (Description Source: https://www.colt.com/detail-page/colt-le6920-carbine-223556-161- 301-pmag-mbus-4-pos-stk-blk)

QUANTITY

105

LIFESPAN

N/A

INITIAL COST

$1,175/unit
City of
Santa Clara
The Center of What 's Possible

49 FN (FN-15) Rifle .223/5.56 caliber

Manufacturer: FN
Manufacturer Description: The FN 15® Patrol Carbine M-LOK features a two-piece handguard and a fixed front sight post MIL-SPEC configuration created to meet and exceed agency needs. The family of carbines specifically developed with law enforcement officers’ needs in mind offer the reliability and durability required for professional use. Chambered in the battle-proven 5.56x45mm, these carbines offer high capacity and accuracy in every mission
(Description Source: https://fnamerica.com/products/fn-15-series/fn-15-patrol-carbine- mlok-16/)
JP (LRP-07 Rifle) .308 caliber

Manufacturer: JP

QUANTITY

29 LIFESPAN

N/A

INITIAL COST

$1,599/unit

QUANTITY

4 LIFESPAN

N/A

INITIAL COST

$3,569/unit
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50 Manufacturer Description: JP Enterprises proudly introduces the JP LRP-07H—a platform designed to fill every need of today’s hunter, even ones you didn’t realize you had. For years we’ve established our reputation by delivering the finest competition- proven products to shooting professionals, elite military units and knowledgeable recreational shooters around the world. But the JP rifle is no newcomer to the hunting field, and other than a wood stock, the LRP-07H retains all the attributes you look for in any fine quality hunting rifle. Here’s a rifle that offers a new and exciting hunting experience with no sacrifice to the form and function you demand. (https://www.jprifles.com/1.2.5_LRP07H.php#)
Spartan (Defiance Ruckus) Rifle .338 caliber

Manufacturer: Spartan
Manufacturer Description: No specific manufacturer description is available due to the custom nature of the rifle. A description of the gunsmithing process is available at the link below.
(Description Source: https://spartanrifles.com/pages/gunsmithing-services) Remington 700 .308 caliber

QUANTITY

1 LIFESPAN

N/A

INITIAL COST

$4,400/unit

QUANTITY

1 LIFESPAN

N/A

INITIAL COST

$3,999/unit
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51 Manufacturer: Remington
Manufacturer Description: Remington engineers are taking the strength and precision of the Model 700 action to new levels of hair-splitting accuracy with the latest additions to our tactical lineup. Introducing the Remington Model 700 Magpul Enhanced. Its Magpul Hunter stock with Magpul M-Lok mount serves as a rock-solid base for your best long-range performance yet. It's 20" heavy barrel with 5R rifling, delivers added stability and precision, and comes with a threaded muzzle and protector for ease in adding a suppressor.
(Description Source: https://www.remarms.com/rifles/bolt-action/model-700/) Desert Tech (SRS-A1) .338

Manufacturer: Desert Tech
Manufacturer Description: The Desert Tech SRS-A1 is the pinnacle of a long-range precision in a compact design, using aircraft grade materials to minimize its size and weight. The A1 brought some much need enhancements to its predecessor, the SRS (Stealth Recon Scout). Namely, a user configurable picatinny rail sections in the forearm, an adjustable cheek rest, and a more durable and reliable bolt. It also uses a new type of polymer that increases its strength by more than 150% while maintaining the same weight. The Desert Tech SRS-A1 maintains a ½ MOA accuracy or better with its use of a match grade barrels and triggers. The Barrels are 100% free-floating, meticulous machining of chambers and crowns, and rock-solid return-to-zero barrel mounting system. The SRS-A1 is the shortest sniper rifle in the world because it uses a telescoping bolt and bullpup configuration. This combination makes it nearly a foot shorter than other conventional sniper rifles. (Description Source:
https://www.bisontactical.com/desert-tech-srs-a1/)

QUANTITY

2 LIFESPAN

N/A

INITIAL COST

$3,849/unit
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52 The Department currently possesses the following rifle munitions:

Hornady .223 Remington, 75 grain, Tap Ammunition

Manufacturer: Hornady
Manufacturer Description: This match accurate load is our heavy TAP® offering in 223 Rem. This load is suitable for a short-barreled rifle that has either a 223 Rem or

5.56 NATO chamber. The 75 gr. bullet offers deeper penetration than the 55 gr. and 60 gr. TAP Urban® bullets. The 75 gr. BTHP penetrates with minimal deflection and provides rapid fragmentation, thus delivering more energy to the target. This bullet generates very large and consistent wound cavities, serving as an ideal choice for 223 Rem precision rifle applications.
(Description Source: https://www.hornadyle.com/rifle-ammunition/75-gr-bthp-tap#!/)

QUANTITY

24,000

LIFESPAN

N/A

INITIAL COST

$160/case of 200
City of
Santa Clara
The Center of What 's Possible

53 Hornady .223 Remington, 55 grain, Full Metal Jacket Tap Ammunition

Manufacturer: Hornady
Manufacturer Description: Hornady® 223 Rem Training™ ammunition compliments the current TAP® duty rounds by delivering comparable, yet economical ammunition for law enforcement training. Utilizing efficient production processes and quality brass or steel cases, Hornady® Training™ ammunition delivers reliable functioning, accuracy, and point of aim / point of impact consistency when compared to comparable duty rounds.
(Description Source: https://www.hornadyle.com/rifle-ammunition/55-gr-fmj-bt- training#!/)

Federal Lake City, 5.56x45MM Green Tip, 62 grain

Manufacturer: Federal

QUANTITY

103,000

LIFESPAN

N/A

INITIAL COST

$200/case of 500

QUANTITY

1,200

LIFESPAN

N/A

INITIAL COST

$195/case of 600
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54 Manufacturer Description: The 62 grain Green tip Penetrator 5.56mm ammo features a 62-grain steel core full metal jacket bullet, brand new never fired virgin brass casing that is annealed for lower expansion purposes and has a non-corrosive primer.

Currently used by the United States military, this is the best 5.56mm ammunition on the market. Federal Lake City XM855 ammo can be used for target & practice shooting, sport shooting, small-game hunting, law enforcement etc. This Federal 5.56mm ammo load is packaged in a new production ammo can of 800 rounds perfect for long term shelf life. Federal Lake City 5.56mm Green Tip ammo offers a muzzle velocity of 3104 feet per second and a muzzle energy of 1326 ft lbs. Federal XM855 5.56mm NATO ammunition is loaded to Military specification at the Lake City facility. This particular load uses the XM855 bullet which is a 62 grain Green Tip Steel Penetrator. The finished rounds consist of sealed primers which is ideal for long term storage and moisture protection.
(Description Source: https://federalammunitionsusa.com/federal-lake-city-5-56x45mm- nato-xm855-ammo-62-grain-fmj-green-tip-800-rounds/)

Hornady .308 WIN, 168 grain, ELD Match Tap Precision cartridge

Manufacturer: Hornady
Manufacturer Description: We carefully select every component to ensure uniformity, then load to exacting specifications to provide pinpoint accuracy. Each cartridge is loaded with either Hornady® A-MAX® bullets, our high-performance boattail hollow points, or the new, radically superior ELD® Match bullets. Stringent quality control ensures proper bullet seating, consistent charges and pressures, optimal velocity, consistent overall length, and repeatable accuracy. (Description Source:
https://www.hornady.com/ammunition/rifle/308-win-168-gr-bthp-match#!/)

QUANTITY

15,000

LIFESPAN

N/A

INITIAL COST

$252/case of 200
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55 Hornady .308 WIN, 110 grain, Tap Urban cartridge

Manufacturer: Hornady
Manufacturer Description: This cartridge provides the police marksman a unique bullet that demonstrates rapid expansion, fragmentation, and low retained weight. The 110 gr. TAP Urban® bullet offers the least penetration in ballistic gelatin and lower felt recoil as compared to heavier TAP® loads. The 110-gr. bullet demonstrates similar penetration to the 223 Rem 75 gr. BTHP bullet, but with substantially more temporary and permanent cavity and fragmentation, proving itself an excellent choice for high collateral risk environments.
(Description Source: https://www.hornadyle.com/rifle-ammunition/110-gr-tap-urban#!/)

Ruag .308 WIN, 164 grain, Tactical cartridge

Manufacturer: Ruag

QUANTITY

5,000

LIFESPAN

N/A

INITIAL COST

$252/case of 600

QUANTITY

500

LIFESPAN

N/A

INITIAL COST

$907/case of 300
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56 Manufacturer Description: The RUAG .308 WIN., 164 grain, Tactical cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 164-grain projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection Conventional bullets break apart or fragment when penetrating glass, which does not allow an accurate hit.
(Description Source: SCPD Range Master)

Ruag .308 WIN, 196 grain, Armor Piercing cartridge

Manufacturer: Ruag
Manufacturer Description: The RUAG .308 WIN., 196 grain, Armor Piercing cartridge is ammunition deployed during potential lethal encounters, when shooting through heavy barriers. The 196-grain projectile is capable of accurately striking targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or fragment when penetrating armor, which does not allow an accurate hit. (Description Source: SCPD Range Master)

QUANTITY

80 LIFESPAN

N/A

INITIAL COST

$962/case of 200
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57 Hornady .338 Lapua Magnum, 285 grain, ELD Match cartridge

Manufacturer: Hornady
Manufacturer Description: The Hornady .338 Lapua Magnum, 285 grain, ELD Match cartridge, is ammunition deployed during potential lethal encounters at longer distances.

The 285 grain projectile maintains accuracy, while resulting in higher impact velocities, less drop, less wind drift, and more energy on target.
(Description Source: SCPD Range Master)

Ruag .338 Lapua Magnum, 247 grain, Styx Action cartridge

Manufacturer: Ruag
Manufacturer Description: The RUAG .338 Lapua Magnum, 247 grain, Styx Action cartridge is ammunition deployed during potential lethal encounters, in high collateral risk environments. The 247 grain Styx Action cartridge offers a unique projectile that

QUANTITY

3,840

LIFESPAN

N/A

INITIAL COST

$555/case of 120

QUANTITY

500

LIFESPAN

N/A

INITIAL COST

$647/case of 200
,,-- RUAGSWISS -$
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58 allows rapid expansion, fragmentation & low retained weight. It also offers the least penetration, but with substantially more temporary & permanent cavity & fragmentation. (Description Source: SCPD Range Master)
Ruag .338 Lapua Magnum, 250 grain, Tactical cartridge

Manufacturer: Ruag
Manufacturer Description: The RUAG .338 Lapua Magnum, 250 grain, Tactical cartridge is ammunition deployed during potential lethal encounters, when shooting through barriers. The 250-grain projectile is capable of accurately striking targets behind an angled window or windshield, without the risk of unpredictable bullet deflection Conventional bullets break apart or fragment when penetrating glass, which does not allow an accurate hit.
(Description Source: SCPD Range Master)
Ruag .338 Lapua Magnum, 260 grain, Armor Piercing cartridge

QUANTITY

350

LIFESPAN

N/A

INITIAL COST

$818/case of 300

QUANTITY

500

LIFESPAN

N/A

INITIAL COST

$1,296/case of 200
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59 Manufacturer: Ruag
Manufacturer Description: The RUAG .338 Lapua Magnum, 260 grain, Armor Piercing cartridge is ammunition deployed during potential lethal encounters, when shooting through heavy barriers. The 260 grain projectile is capable of accurately striking targets behind armor, without the risk of unpredictable bullet deflection. Conventional bullets break apart or fragment when penetrating armor, which does not allow an accurate hit. (Description Source: SCPD Range Master)
Chemical Agent and Smoke Canisters
Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed
Capability: Chemical agent and smoke canisters have a vast variety of individual capabilities and applications. Chemical agent and smoke canisters carry the agent into the environment in a variety of methods, including but not limited to a micro-pulverized solid (powder), a liquid mist (fogger), a liquid or foam stream, burning pellets (smoke), pyrotechnic devices, and vapor aerosols. Exposure to chemical agents normally causes no lasting effects. This equipment has various indoor and outdoor capabilities and uses.

Chemical agents shall be used with caution and only by trained personnel.

Usage: Chemical agent and smoke canisters are used to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to, self-destructive individuals, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and in training exercises or displayed during community events.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Order 303.6 (Tear Gas Guidelines). It is the policy of the Santa Clara Police Department to utilize chemical agents only for official law enforcement purposes, in accordance with the department’s Use of Force Policy, and pursuant to state and federal law, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: SCPD Officers utilizing chemical agent and smoke canisters are certified by California POST less lethal and chemical agent instructors.

Explosive Breaching Tools
Explosive Breaching Tools: Tools that are used to conduct an explosive breach.

Capability: Explosive breaching tools have a variety of individual capabilities. The listed tools are utilized by SWAT operators and are capable of breaching glass, metal doors, wood doors, deadbolts, locks, and hinges.
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60 Usage: The listed equipment is used by SWAT operators to safely gain entry into a structure during high-risk operations.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Orders 300 (Use of Force), and 404 (Special Response Team). It is the policy of the SCPD to utilize breaching tools only for official law enforcement purposes, and pursuant to state and federal law including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and must receive quarterly training for explosive operations.

The Department currently possesses the following explosive breaching tools:

Detonating Cord – Primacord 25 grain

Manufacturer: Dyno Nobel Inc.

Manufacturer Description: PRIMACORD detonating cords are flexible linear explosives with a core of PETN explosive encased in a textile outer jacket.

PRIMACORD detonating cords are designed for use as trunklines and/or downlines in various mining, quarrying and construction applications. (Description Source:
https://www.dynonobel.com/~/media/Files/Dyno/ResourceHub/Technical%20Informatio n/North%20America/Initiation%20Systems/Detonating%20Cord/Primacord.pdf)

QUANTITY

2.4 lbs.

LIFESPAN

5 years

INITIAL COST

$350
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61 Nonel Starters

Manufacturer: Dyno Nobel Inc.

Manufacturer Description: NONEL STARTER is a nonelectric detonator consisting of a spooled length of yellow shock tube with a Standard (#8) detonator attached to one end and the other end sealed. The detonator is housed in a plastic bunch block which facilitates easy connection to both shock tube and detonating cord. NONEL STARTER is designed to provide controlled, nonelectric initiation of surface and underground blast rounds.

Detonating Cord – Primacord 50 grain

Manufacturer: Dyno Nobel Inc.

Manufacturer Description: PRIMACORD detonating cords are flexible linear explosives with a core of PETN explosive encased in a textile outer jacket.

PRIMACORD detonating cords are designed for use as trunklines and/or downlines in various mining, quarrying and construction applications.

QUANTITY

168

LIFESPAN

10 years

INITIAL COST

Included with det. cord

QUANTITY

3 rolls

LIFESPAN

5 years

INITIAL COST

$5,168
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62 (Description Source:
https://www.dynonobel.com/~/media/Files/Dyno/ResourceHub/Technical%20Informatio n/North%20America/Initiation%20Systems/Detonating%20Cord/Primacord.pdf) C2 Primasheet

Manufacturer: Ensign-Bickford Aerospace & Defense
Manufacturer Description: PRIMASHEET® Flexible Sheet Explosive has been developed to meet your breaching and demolition needs. We manufacture PRIMASHEET® 1000 (DETASHEET® Flexible Explosive), a PETN based sheet explosive, and Primasheet® 2000, an RDX based sheet explosive. PRIMASHEET® 2000 is equally as powerful as a C-4 explosive but, because of its consistent performance and properties, blast damage can be minimized by exact cutting of the sheet.
(Description Source: https://www.ebad.com/primasheet-sheet-explosive/)

QUANTITY

9.6 lbs.

LIFESPAN

5 years

INITIAL COST

$1,183
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63 Explosive Charges

Manufacturer: SCPD Breaching Cadre
Manufacturer Description: Breaching charges are specially designed to cause structural failure of the desired target. The breaching charges in stock were built in house by the SRT breaching cadre. Various types, configurations, and energetic weights are maintained for use as needed. Older charges are cycled out of stock during monthly training.
(Description Source: SCPD Lead Breacher)
PepperBall Launcher and Munitions
PepperBall Launcher: A device that discharges PAVA powder projectiles.

Capability: A PepperBall Launcher can quickly and accurately deploy small, non-lethal projectiles (“Pepper Balls”) from an effective distance of 150 feet, that produce a chemical that can rapidly produce sensory irritation or disabling physical effects in humans, which disappear within a short time following termination of exposure.

Usage: PepperBall equipment is used to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but, are not limited to self-destructive individuals, dangerous and/or combative individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and in training exercises or displayed during community events.

Legal and Procedural Rules: The use of this equipment shall comply with the authorizations and prohibitions set forth in SCPD General Orders 300 (Use of Force) and 303.7.2 (Pepperball Projectile Systems). It is the policy of the SCPD to utilize PepperBall Launchers only for official law enforcement purposes, and pursuant to state

QUANTITY

16 LIFESPAN

5 years

INITIAL COST

Included above
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64 and federal law, including the provisions of Penal Code section 13652, initiated by California Assembly Bill 48.

Training Requirements: SCPD officers utilizing PepperBall launchers and projectiles are trained in their use by California POST certified less lethal and chemical agent instructors.

PepperBall Launcher

Manufacturer: PepperBall
Manufacturer Description: The heart of the PepperBall system is the projectile and the UTS team of engineers, designers, scientists, and craftsmen have spent decades developing the precision PepperBall launchers, proprietary powder formulas, shells, and automation manufacturing equipment. This work continues today to ensure that officers can control crowds, disable assailants, and accomplish their missions while minimizing the risk of death or serious injury to the public and law enforcement officers. (Description Source: https://pepperball.com/about/)

QUANTITY

16 LIFESPAN

20 years

INITIAL COST

$499/unit
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65 PepperBall Munitions (INERT)

Manufacturer: PepperBall
Manufacturer Description: Containing a harmless, scented powder, the VXR INERT projectile offers greater distance and accuracy when compared to a standard round ball projectile. Best suited for training and direct impact when chemical exposure is not desired.
(Description Source: https://pepperball.com/projectiles/vxr-inert/) PepperBall Munitions (LIVE)

Manufacturer: PepperBall
Manufacturer Description: The classic PepperBall projectile. Contains 2% PAVA, and is excellent for direct impact and area saturation, especially in confined, interior spaces. (Description Source: https://pepperball.com/projectiles/pepperball-live/)

QUANTITY

3,000

LIFESPAN

3 years

INITIAL COST

$2,400

QUANTITY

1,500

LIFESPAN

3 years

INITIAL COST

$3,412
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66 PepperBall Munitions (LIVE-X)

Manufacturer: PepperBall
Manufacturer Description: A powerful concentration of 5% PAVA pepper powder. One round of PepperBall® LIVE-X™ contains the equivalent PAVA irritant organic agent in

2.5 classic PepperBall LIVE™ rounds. Excellent for direct impact, area saturation and crowd control.
(Description Source: https://pepperball.com/projectiles/pepperball-live-x/) PepperBall Munitions (LIVE-MAXX)

Manufacturer: PepperBall

QUANTITY

1,500

LIFESPAN

3 years

INITIAL COST

$4,492

QUANTITY

90 LIFESPAN

3 years

INITIAL COST

$648
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67 Manufacturer Description: Our most potent and powerful projectile, PepperBall® LIVE-MAXX™ is formulated with MAXSAICIN™, a new proprietary process that produces powder with more airborne PAVA. PepperBall LIVE-MAXX has 50% more bioavailability than our standard PAVA powders. (Description Source:
https://pepperball.com/projectiles/live-maxx/

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68 Conclusion
The acquisition and use of military equipment in our communities may impact the public’s safety and welfare. The public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in the local government’s decision to fund, acquire, or use such equipment. When making decisions regarding how military equipment is funded, acquired, or used, the Santa Clara Police Department considers the public’s welfare, safety, civil rights, and civil liberties.

In a continued effort for greater transparency, the Santa Clara Police Department places high regard to meaningful public input in the use of military equipment in our community, in an effort to increase the safety of the public. Further details regarding AB 481 can be found on the police department website:
https://www.santaclaraca.gov/our-city/departments-g-z/police- department/community/assembly-bill-481-military-equipment-funding-acquisition-and- use-policy
Any member of the public can submit a complaint to any member of the Department and in any form (i.e., in person, telephone, email, etc.). Once the complaint is received, it will be handled in accordance with Santa Clara Police Department General Order 1010 (Personnel Complaint

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-173 Agenda Date: 5/23/2023

REPORT TO COUNCIL

SUBJECT
Public Hearing: Adoption of a Resolution Setting Rates for Overall Solid Waste Services and Annual Clean-up Campaign in the Exclusive Franchise Area

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

EXECUTIVE SUMMARY
The City has agreements with outside contractors for the collection and processing of garbage and recyclables. In 2021, Council approved a Solid Waste Rate Study performed by R3 Consulting, Inc. (R3) that developed a model to calculate equitable solid waste rates based on current contractor costs, subscription levels, and disposal data. The model has been updated with FY 2023/24 cost data to calculate solid waste rates for FY 2023/24, which will enable the program to achieve cost recovery.

These rates are within the projected increases communicated to the public and Council when the Council directed staff to finalize the current solid waste agreements. The monthly solid waste rates for FY 2023/24 are contained in Table A of the Resolution (Attachment 1).

Notices (Attachment 2) were sent to all solid waste rate payers on April 3, 2023, informing them of the proposed rate increases and date of the Public Hearing to approve the rates, as required by Article XIII D of the California Constitution. Following the close of the Public Hearing, staff recommends that Council adopt the subject Resolution, which establishes the solid waste rates effective for the utility bills issued for services rendered on and after July 1, 2023.

BACKGROUND
In November 1996, California voters approved Proposition 218, which amended the state Constitution and imposed new substantive and procedural requirements for imposing or increasing property-related fees and charges. Under these requirements, water, sewer, and solid waste service fees or charges may only be increased if a majority of rate payers do not protest the increase. The City must mail a written notice of the proposed increases and hold a public hearing on the proposed increase not less than 45 days after mailing the notice. At the public hearing, all protests against the proposed fees or charges are tabulated and if the number of protests from rate payers equals or exceeds 50 percent plus one, the fees or charges cannot be imposed. The public hearing for the City’s FY 2023/24 solid waste rates is scheduled for May 23, 2023. If there is not a majority protest, the Council can adopt the proposed monthly rate increases contained in Table A of the Resolution (Attachment 1).

The City sets rates and collects bundled charges from customers to fund the solid waste program in the exclusive franchise area which is comprised of all properties not zoned for an Industrial use.

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23-173 Agenda Date: 5/23/2023
Customers are only charged for the specific components for which they receive service. The bundled solid waste rate is comprised of one or more of the following components. · Garbage
· Yard trimmings
· Residential recycling
· Annual Clean-up Campaign (CUC)
In 2019, City Council approved moving forward with 15-year solid waste agreements with Recology South Bay (Recology), Mission Trail Waste Systems (MTWS), and GreenWaste Recovery, Inc. (GWR). An existing agreement with Republic Services/BFI (Republic) for landfill disposal and composting of yard trimmings is in place and expires on December 31, 2024. The services provided under these agreements enable the City to comply with the new organic waste collection program and diversion requirements for the purpose of reducing greenhouse gas emissions from landfills mandated by Senate Bill 1383 (SB 1383).

Following the execution of the current solid waste agreements, a Solid Waste Rate Study (Rate Study) was completed to ensure that rates were based on the true costs of service and were equitable. Each rate for garbage, yard trimmings, residential recycling, and CUC service was developed to equitably incorporate the following cost elements:
· Compensation paid to service providers to collect and transport solid waste · Compensation paid to process, compost, and/or dispose of solid waste · City program costs (billing and internal costs, street sweeping, household hazardous waste, leaf vacuum, and holiday tree collection services, franchise fees, landfill post closure costs, and SB 1383 compliance costs)
The same methodology used to prepare the Rate Study was utilized to develop the proposed solid waste rates that will meet the projected costs of the City’s solid waste services for FY 2023/24. The subsequent discussion summarizes upcoming changes to the various cost elements and associated impacts on the proposed FY 2023/24 rates.

DISCUSSION
Cost Adjustments Required by the Agreements with Recology, Mission Trail Waste Systems (MTWS), GreenWaste Recovery (GWR), and Republic Services/BFI (Republic) The primary reason for rate increases is additional revenue to cover the FY 2023/24 compensation adjustments paid to service providers for the collection, processing, recycling, composting, and disposal of solid waste in compliance with state laws and current market conditions, as required per the agreements.

Each agreement specifies annual cost of living adjustments (COLA) based on annual changes to price indices. The agreement with Recology also includes an annual adjustment for route growth from the base in December 2019 to January 1, 2023 which accounts for an additional 2.3 percent increase in the number of container lifts per week over this period of time. Going forward, the route growth adjustment will be applied annually and is anticipated to increase by about 1 percent each year.

Below are summaries of the approximate compensation adjustment percentages effective July 1, City of Santa Clara Printed on 5/17/2023Page 2 of 7
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23-173 Agenda Date: 5/23/2023
2023 based on the agreements previously approved by Council. · Recology: +7.4% (COLA + route growth)
· MTWS: +5.0% COLA
· GWR: +4.9% COLA
· Republic: +5.0% COLA
Monthly Bundled Solid Waste Rates
The individual garbage, yard trimmings, recycling and CUC components are bundled together to create the overall solid waste rates that are charged to residential cart customers monthly. The rates for each service are based on the cost to provide collection, disposal, processing and/or composting, and City program costs. The table below summarizes the monthly individual rate component increases for residential cart customers.

Service Type FY 2022/23
Monthly Rate
FY 2023/24 Monthly
Rate
Change in Monthly
Rate
20-gallon garbage cart $18.65 $19.83 $1.18
32-gallon garbage cart $25.95 $27.54 $1.59
64-gallon garbage cart $48.38 $51.16 $2.78
96-gallon garbage cart $70.67 $74.70 $4.03
Yard trimmings $13.56 $14.25 $0.69
Recycling $6.67 $7.33 $0.66
CUC $6.28 $6.28 $0.00
Each customer pays a rate that is dependent on cart size subscription and whether they pay for yard trimmings or CUC services. Below is a summary of FY 2023/24 bundled monthly rates for single- family residential and townhouse cart customers that will enable the City to achieve cost recovery for the solid waste services it provides to its residents. Townhouse residential cart customers rates are the FY 2023/24 bundled monthly rate for garbage cart size less the $14.25 yard trimmings rate since they do not receive this service. Monthly rates for cart customers that do not participate in the CUC are $6.28 less than the bundled rates shown in the table.

Garbage Cart Size Monthly
Garbage Rate
Monthly Yard
Trimmings
Rate
Monthly
Recycling
Rate
Monthly
CUC Rate
FY 23/24
Bundled
Monthly
Rate
20-gallon single-
family
$19.83 $14.25 $7.33 $6.28 $47.69
20-gallon townhouse $19.83 $0.00 $7.33 $6.28 $33.44
32-gallon single-
family
$27.54 $14.25 $7.33 $6.28 $55.40
32-gallon townhouse $27.54 $0.00 $7.33 $6.28 $41.15
64-gallon single-
family
$51.16 $14.25 $7.33 $6.28 $79.02
64-gallon townhouse $51.16 $0.00 $7.33 $6.28 $64.77
96-gallon single-
family
$74.70 $14.25 $7.33 $6.28 $102.56
96-gallon townhouse $70.67 $0.00 $7.33 $6.28 $88.31
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23-173 Agenda Date: 5/23/2023
Garbage Cart Size Monthly
Garbage Rate
Monthly Yard
Trimmings
Rate
Monthly
Recycling
Rate
Monthly
CUC Rate
FY 23/24
Bundled
Monthly
Rate
20-gallon single-
family
$19.83 $14.25 $7.33 $6.28 $47.69
20-gallon townhouse $19.83 $0.00 $7.33 $6.28 $33.44
32-gallon single-
family
$27.54 $14.25 $7.33 $6.28 $55.40
32-gallon townhouse $27.54 $0.00 $7.33 $6.28 $41.15
64-gallon single-
family
$51.16 $14.25 $7.33 $6.28 $79.02
64-gallon townhouse $51.16 $0.00 $7.33 $6.28 $64.77
96-gallon single-
family
$74.70 $14.25 $7.33 $6.28 $102.56
96-gallon townhouse $70.67 $0.00 $7.33 $6.28 $88.31
The table below shows the increase in each residential cart bundled rate.

Garbage Cart Size FY 22/23
Monthly
Bundled Rate
FY 23/24
Monthly
Bundled Rate
Change in
Monthly Rate
Percentage
Change
20-gallon single-family $45.16 $47.69 $2.53 5.6%
20-gallon townhouse $31.60 $33.44 $1.84 5.8%
32-gallon single-family $52.46 $55.40 $2.94 5.6%
32-gallon townhouse $38.90 $41.15 $2.25 5.8%
64-gallon single-family $74.89 $79.02 $4.13 5.5%
64-gallon townhouse $61.33 $64.77 $3.44 5.6%
96-gallon single-family $97.18 $102.56 $5.38 5.5%
96-gallon townhouse $83.62 $88.31 $4.69 5.6%
Monthly Garbage Bin Rates
Garbage bin rates include the costs for collection, processing, disposal, and City program costs.

Loose garbage bin charges will be increasing between 8.2 percent to 8.9 percent and compacted garbage bin charges will be increasing between 8.9 percent to 9.2 percent in FY 2023/24, depending on service level. The loose garbage bin and compacted garbage bin rates are shown in Section II.D and Section II.E of Attachment 1.

Monthly Services Billed by MTWS
The City sets the rates and bills for residential and commercial cart and bin garbage service. MTWS bills customers directly for commercial business recycling, voluntary commercial organics collection, and the loose and compacted roll-off debris bin collection services that it provides as prescribed in the agreement. The City needs to notice the rate increases in accordance with Proposition 218 requirements and approve the rates at the Public Hearing for increases to take effect. If the proposed rate increases for services that are billed by MTWS are not approved by the City Council, the City is contractually obligated to pay MTWS the increased compensation and has to absorb the shortfall between cost of service and revenue collected.

Commercial Recycling
MTWS is required to provide up to 96-gallons of commercial recycling services to businesses at no separate charge to the City under the agreement. The rates for additional service above 96-gallons per week are based on container size and frequency of service, plus a 10 percent markup for billing and franchise fees. Commercial recycling service rates charged to cart and bin customers will increase by 5 percent in FY 2023/24 (Sections II.B and II.F of Attachment 1).

MTWS remits 5 percent of the amount collected from customers to the City as franchise fees that get City of Santa Clara Printed on 5/17/2023Page 4 of 7
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23-173 Agenda Date: 5/23/2023
deposited in the General Fund for all services that it provides billing for, which includes the services described below.

Voluntary Food Scraps and Organic Waste Service
MTWS provides voluntary source separated food scraps and organic waste service to commercial business customers under the agreement. The rates for collection and processing are based on container size and frequency of service, plus a 10 percent markup for billing and franchise fees.

Collection and processing rates charged to customers with cart and bin source separated food scrap and organic waste service will be increasing by 4.95 percent in FY 2023/24 (Section II.C and Section II.G of Attachment 1).

Loose and Compacted Roll-Off Debris Bin Service
MTWS provides scheduling, collection, and billing for loose and compacted roll-off debris box service in the exclusive franchise area. The collection rate component is based on container size and frequency of service, plus a 10 percent markup for billing and franchise fees. MTWS will be receiving a 5 percent increase to its tariffs in FY 2023/24. Customers are also billed the actual charges incurred for the disposal, processing, and/or recycling of collected contents plus 10 percent markup for billing and franchise fees. Section II.H of Attachment 1 contains rates for these services.

Countywide Rate Comparison
The Santa Clara County Residential Cart Rate Comparison (Attachment 3) provides a comparison of monthly solid waste rates for residential collection services in Santa Clara County (County). Most jurisdictions have indicated they will also be seeking rate increases in FY 2023/24 but were unable to share that information at this time. As a result, the comparison is based on comparing Santa Clara’s proposed FY 2023/24 monthly rates to the current FY 2022/23 monthly rates in other jurisdictions. The survey is for bundled solid waste services that include garbage, yard trimmings, and recycling services.

Santa Clara is the only city in the county that offers a townhouse service rate in which customers do not subscribe to yard trimmings service. The townhouse rates are lower than countywide averages for the same size container across the board. It should also be noted that the City’s rates that are presented for comparison do not include the proposed $6.28 per month charge for the CUC because no other jurisdiction in the County has a comparable program. The table below summarizes the City’s single-family and townhouse rates compared to the countywide averages. 20-gallon 32-gallon 64-gallon 96-gallon
Monthly FY
2022/23
countywide
average
$35.02 $43.06 $75.19 $111.50
Monthly FY
2023/24 Santa
Clara single-
family rate*
$41.41 $49.12 $72.74 $96.28
Monthly FY
2023/24 Santa
Clara townhouse
rate* **
$27.16 $34.87 $58.49 $82.03
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20-gallon 32-gallon 64-gallon 96-gallon
Monthly FY
2022/23
countywide
average
$35.02 $43.06 $75.19 $111.50
Monthly FY
2023/24 Santa
Clara single-
family rate*
$41.41 $49.12 $72.74 $96.28
Monthly FY
2023/24 Santa
Clara townhouse
rate* **
$27.16 $34.87 $58.49 $82.03
*Excludes CSC Clean-up Campaign Cost
**No other city offers reduced townhouse rates
The Santa Clara County Commercial Bin Rate Comparison (Attachment 4) provides a comparison of monthly solid waste rates for commercial bin collection services in the County. Most jurisdictions in the County have indicated that rate increases will be occurring in FY 2023/24 but were not able to share details, so the City’s proposed FY 2023/24 rates are compared to other jurisdictions’ FY 2022/23 rates. Santa Clara multi-family and commercial business customers that subscribe to frontload bin garbage service are not required to subscribe to an additional organics container to meet SB 1383 requirements because the contents of the garbage bins will be taken to the GWR mixed waste processing facility to recover the organics for composting. This is not the case for some other jurisdictions. The cost savings of not subscribing to an additional container for organics is not captured in the countywide comparison, which only shows the cost to subscribe to a specific garbage service level.

Rate Assistance Program
Under the current agreement, MTWS provides the City with a $3 per month decrease in tariff for residential accounts that qualify through the Silicon Valley Power (SVP) low income Rate Assistance Program. On March 10, 2021 the City Council approved to increase the rate discount to $10 per month. MTWS will continue to fund $3 per month and a transfer from the General Fund to cover the additional $7 per month, per resident, is included in the FY 2023/24 operating budget.

ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act (“CEQA”) and it has been determined that the activity does not constitute a “project” pursuant to CEQA Guidelines section 15378(a) because it will not result in a physical change in the environment.

Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA Guidelines. Thus, no environmental review is required.

FISCAL IMPACT
In total, with the rate increases the solid waste customer charges will generate approximately $39,037,957 of revenue in FY 2023/24. These revenues have been incorporated into the Solid Waste Fund operating budget in the Proposed FY 2023/24 and FY 2023/24 Biennial Capital Improvement Program Budget. A transfer from the General Fund to the Solid Waste Fund in the amount of $35,364 has also been programmed to fund the additional $7 per month for qualifying customers in the Rate Assistance Program for FY 2023/24.

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

PUBLIC CONTACT
On April 3, 2023 notices were mailed to 23,875 solid waste customers, which provided information on the proposed FY 2023/24 rate increases, instructions on how to protest the rate increases, and City of Santa Clara Printed on 5/17/2023Page 6 of 7
powered by Legistar™
23-173 Agenda Date: 5/23/2023
details on how to access the public hearing. Additionally, 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.

ALTERNATIVES

1. Adopt a Resolution setting the overall rates to be charged to rate payers for the collection and disposal of garbage, refuse, yard trimmings, recycling, and annual Clean-up Campaign in the exclusive franchise area, effective for the utility bills issued for services rendered on and after July 1, 2023; or

2. Do not adopt a Resolution to increase the proposed rates to be charged to rate payers for collection and disposal of garbage, refuse, yard trimmings, recycling, and annual Clean-up Campaign in the exclusive franchise area and subsidize FY 2023/24 expenditures with funds from the General Fund.

RECOMMENDATION
Alternative 1: Adopt a Resolution setting the overall rates to be charged to rate payers for the collection and disposal of garbage, refuse, yard trimmings, recycling, and annual Clean-up Campaign in the exclusive franchise area, effective for the utility bills issued for services rendered on and after July 1, 2023.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Resolution

2. Notice

3. Santa Clara County Residential Cart Rate Comparison

4. Santa Clara County Commercial Bin Rate Comparison
City of Santa Clara Printed on 5/17/2023Page 7 of 7
powered by Legistar™
Resolution/Solid Waste Rates Page 1 of 15
Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

SETTING RATES FOR OVERALL SOLID WASTE SERVICES AND

ANNUAL CLEANUP CAMPAIGN SERVICES IN THE EXCLUSIVE

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

WHEREAS, the City Council of the City of Santa Clara (“City”) has provided, by contract or with its own forces, certain garbage collection and disposal services, yard trimming and recycling collection, and the Annual Cleanup Campaign (“Solid Waste Services”) within the corporate limits of the City of Santa Clara;
WHEREAS, City entered into an agreement entitled the “Agreement for Disposal of Municipal Solid Waste, dated March 7, 1989, with International Disposal Corporation of California (a wholly owned subsidiary of Browning Ferris Industries (BFI))”, (“Disposal Agreement”) as amended by Amendment No. 1 dated February 10, 1998, for cost of disposing of garbage and refuse collected in the City at Newby Island Landfill for a term commencing March 7, 1989, and terminating on December 31, 2024;
WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and GreenWaste Recovery, Inc.” (“Solid Waste Processing Agreement”), dated April 27, 2020, to process solid waste from the exclusive franchise area to recover recyclables and organic waste for a term commencing July 1, 2020, and terminating on June 30, 2036;
WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and Mission Trail Waste Systems, Inc.” (“Refuse Franchise Agreement”), April 27, 2020, to collect and transport solid waste from customers in the exclusive franchise area, excluding residential recyclables for a term commencing July 1, 2020, and terminating on June 30, 2036;
WHEREAS, City entered into an agreement entitled “Agreement for Services Between the City

Resolution/Solid Waste Rates Page 2 of 15
Rev: 11/22/17
of Santa Clara, California, and Recology South Bay DBA Recology Santa Clara” (“Residential Recycling Services Agreement”), February 5, 2020, for residential recycling collection services for a term commencing July 1, 2020, and terminating on June 30, 2036; WHEREAS, the overall adjustments to the monthly rates charged to customers for Solid Waste Services made by this Resolution do not in any way modify the rates of compensation which Mission Trail Waste Systems, Inc., GreenWaste Recovery, Inc., and Recology Santa Clara are entitled to under the Refuse Franchise and Residential Recycling Services Agreements; WHEREAS, a Solid Waste Rate Study was finalized on February 8, 2021 which analyzed the costs of service that comprise each monthly rate are equitably distributed; WHEREAS, on April 3, 2023, the City timely mailed notices of a public hearing to property owners and rate payers of Solid Waste Services that detailed proposed rate adjustments in accordance with Article XIIID §6 of the California Constitution (Proposition 218); and, WHEREAS, on May 23, 2023, the City held a public hearing on the proposed adjustments to fees for Solid Waste Services, and there was no majority protest.

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

1. In accordance with Article XIIID § 6 of the California Constitution and as set forth in the accompanying staff report, incorporated herein by reference:

A. The revenues derived from the Solid Waste Services rates, as stated in Table A, attached hereto and incorporated herein, do not exceed the funds required to provide solid waste programs.

B. The revenues derived from the Solid Waste Services rates will not be used for any purpose other than solid waste programs.

C. The Solid Waste Services rates charged will not exceed the cost of solid waste programs per parcel.

D. The Solid Waste Services rates are only charged for solid waste programs that

Resolution/Solid Waste Rates Page 3 of 15
Rev: 11/22/17
are currently available.

E. The Solid Waste Services rates are not charged for general governmental services.

2. Notice of the proposed Solid Waste Services rates was mailed on April 3, 2023, more than 45 days prior to the public hearing on this matter, in compliance with Proposition 218.

3. A public hearing was conducted on May 23, 2023, regarding the proposed rates to be charged and all protests and other comments were considered.

4. The number of written protests by owners of parcels within the City against the increased rates were tabulated by City staff at the hearing and did not constitute a majority protest.

5. That following the public hearing, the City Council approves and adopts the rates for collection and disposal of garbage, yard trimming and recycling collection, and the Annual Cleanup Campaign, as set forth in Table A, incorporated here by reference.

6. That any and all amounts by which the fees set forth in Table A exceed monies paid to contractors that provide Solid Waste Services in accordance with their respective agreements, shall solely belong to City and shall constitute cost recovery for Solid Waste Services rendered by City.

7. That a true and correct copy of this Resolution shall be kept on file in the Office of the City Clerk and in the Municipal Services Division of the City Finance Department at all times in which the rates are operable or until replaced with any future adjusted monthly charges by the City Council and shall be open to public inspection during the regular hours of such offices.

8. That the adjusted monthly charges for Solid Waste Services described herein are ordered to be effective for utility bills issued for services rendered on and after July 1, 2023 and thereafter.

Resolution/Solid Waste Rates Page 4 of 15
Rev: 11/22/17

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:

1. Table A – City of Santa Clara Rates for Collection and Disposal of Garbage, Yard Trimming and Recycling Collection, and the Annual Cleanup Campaign for Utility Bills Issued for Services Rendered on and After July 1, 2023

Resolution/Solid Waste Rates Page 5 of 15
Rev: 11/22/17

TABLE A

CITY OF SANTA CLARA

RATES FOR COLLECTION AND DISPOSAL OF GARBAGE,

YARD TRIMMING AND RECYCLING COLLECTION, AND THE ANNUAL CLEANUP

CAMPAIGN,
(Effective for utility bills issued for services rendered on and after July 1, 2023)

I. RESIDENTIAL USERS:

A. All Occupancy Classes (separate line billing)

1. Annual Cleanup Campaign $6.28/month1

2. Extra Bag Tag Pre-Paid Sticker Program for extra garbage bag setouts $7.17/bag
tag

B. Single Occupancy (includes Multi-Family Complexes of 4 or Less Units)2 & 3

1. Regular service, (includes Yard Trimming Collection Service, and Recycling Services)
single collection weekly:

a. One (1) thirty-two-gallon capacity garbage can
or Small Cart $49.12/month

b. One (1) twenty-gallon capacity super saver can
or Super Saver Cart $41.41/month

c. Two (2) thirty-two-gallon capacity garbage cans
or Medium Cart $72.74/month

d. Three (3) thirty-two-gallon capacity garbage cans
or Large Cart $96.28/month

e. Additional thirty-two (32) gallon container $27.54/month

1 Exemption with no charge to residence with limited space based on determination by Deputy Director of Public Works.
2 Last two weeks of each year, encompassing the Christmas holiday and the week following, single occupancy customers may set out up to four (4) extra thirty-two (32) gallon garbage bags total (two per week) at no extra charge.
3 Low income rate discount of $10.00 per month for single-family and townhouse customers that qualify for Silicon Valley Power’s Rate Assistance Program.

Resolution/Solid Waste Rates Page 6 of 15
Rev: 11/22/17

C. Multi-Family Occupancies where Yard Trimming Collection Services Provided:

Regular service, single collection weekly:

1. First dwelling unit (includes Yard Trimming and Recycling Collection Services):

a. One (1) thirty-two-gallon capacity garbage can
or Small Cart $49.12/month

b. One (1) twenty-gallon capacity Super Saver
Cart. Only for duplexes with individual billing
and where carts are set out at each residence. $41.41/month

c. Two (2) thirty-two-gallon capacity garbage cans
or Medium Cart $72.74/month

d. Three (3) thirty-two-gallon capacity garbage cans
or Large Cart $96.28/month

2. Each additional dwelling unit exceeding one (1) unit (includes recycling charge, but not Yard Trimming Collection Service charge) $34.87/month

3. For each additional thirty-two-gallon capacity container $27.54/month

4. Recycling Service: (first unit includes recycling charge automatically) All residential dwellings are required to have recycling services. The monthly charge is unbundled for additional units after the first unit. $7.33/month
/unit weekly
lift

5. Each additional weekly lift of recycling container. $7.33/month/ unit weekly
lift

D. Townhouses – garbage and recycling provided (recycling not bundled into rate, but billed as a separate line item on utility bill); no Yard Trimming Collection Services:

1. Regular service, single collection weekly:

a. One (1) thirty-two-gallon capacity garbage can
or Small Cart $27.54/month

b. One (1) twenty-gallon capacity super saver
garbage can or Super Saver Cart only where can

Resolution/Solid Waste Rates Page 7 of 15
Rev: 11/22/17
setout and billed individually at each residence $19.83/month

c. Two (2) thirty-two-gallon capacity garbage cans
or Medium Cart $51.16/month

d. Three (3) thirty-two-gallon capacity garbage cans
or Large Cart $74.70/month

e. Additional thirty-two (32) gallon capacity
container $27.54/month

2. Recycling Service, single collection weekly, additional charge per participating dwelling unit $7.33/month/
unit weekly
lift

E. Yard Trimming Collection Service $14.25/month/unit

Resolution/Solid Waste Rates Page 8 of 15
Rev: 11/22/17

II. COMMERCIAL AND INSTITUTIONAL ESTABLISHMENTS; AND RESIDENTIAL

APARTMENT COMPLEXES (WHERE DWELLING UNITS NOT SERVED SEPARATELY)

A. Regular Garbage Cart Service: Variable

CONTAINER
SIZE
ONE TO SIX COLLECTIONS PER WEEK4
(CAPACITY)

ONE

TWO

THREE

FOUR

FIVE

SIX

One 32-gallon capacity
can, or Small Cart

$27.93

$55.85

$83.79

$111.70

$139.67

$167.57
Two 32-gallon capacity
cans, or Medium Cart

$51.93

$103.80

$155.77

$207.72

$259.59

$311.51

Three 32-gallon capacity
cans, or Large Cart

$75.94

$151.86

$227.80

$303.70

$379.63

$455.57

Each additional
32-gallon capacity
container

$27.68

$55.35

$83.02

$110.70

$138.42

$166.05
Rates shown applicable where no Recycling or Clean Green collection services provided.

Notwithstanding the above, in no event will the minimum charge for service for commercial and institutional establishments be less than $27.93.

4 For complexes with recycling services, add $7.33 per unit per month charge.

Resolution/Solid Waste Rates Page 9 of 15
Rev: 11/22/17
B. Regular Recycling Cart Service: Variable

Contractor bills customers for commercial recycling services directly, not the City . Per Exhibit A, Section 3.C.v. of Agreement, if a commercial customer requ ires more than 96 gallons of recycling service per week, Contractor shall charge customer up to a maximum of the corresponding tariff level for the sp ecific container and service level, plus ten percent ( 10%) for billing and franchise fees.

Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non-exclusive franchise fees. Rates below include the ten percent (10%) markup.

CONTAINER
SIZE

ONE TO SIX COLLECTIONS PER WEEK

(CAPACITY)

ONE

TWO

THREE

FOUR

FIVE

SIX

First 96-gallon container

None

$76.37

$114.55

$152.68

$190.87

$229.05

Each additional 96-gallon
container

$38.18

$76.37

$114.35

$152.68

$190.87

$229.05

Resolution/Solid Waste Rates Page 10 of 15
Rev: 11/22/17
C. Source Separated Food Scrap and Organic Waste Service

CONTAINER

SIZE (CAPACITY)

FOOD SCRAP RECYCLING

COLLECTIONS PER WEEK

ONE TWO THREE FOUR FIVE
First 64-gallon container (collection rate) $28.14 $56.18 $84.33 $112.49 $140.53 Each additional 64-gallon container (collection rate) $27.80 $55.55 $83.33 $111.12 $138.97 Processing cost per container $7.93 $15.59 $23.25 $30.90 $38.56 Contractor bills customers for food scrap recycling services (collection and processing) directly.

Collection rates above include ten percent (10%) for billing and franchise fees. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non- exclusive franchise fees. Contractor shall invoice City on a monthly basis for processing costs.

Processing cost per container include ten percent (10%) for billing and franchise fees.

D. Front Load Bin Garbage Service (loose – not compacted): Variable, for commercial, institutional, and residential multi-family occupancy customers; monthly charge (for weekly collections) with container furnished by Contractor.

BIN SIZE
(Cubic Yards)
ONE TO SIX COLLECTIONS PER WEEK4

ONE TWO THREE FOUR FIVE SIX

1 $169.10

$335.39

$499.01

$659.88

$820.74

$978.86

1½

$234.44

$467.23

$692.25

$912.40

$1134.27

$1351.42

2 $299.76

$594.12

$888.48

$1172.19

$1455.33

$1744.26

3 $431.81

$852.15

$1262.13

$1661.57

$2066.71

$2468.61

4 $560.34

$1109.49

$1649.33

$2168.69

$2695.35

$3188.17

6 $800.42

$1590.94

$2345.47

$3099.99

$3854.49

$4610.06

8 $1036.70

$2069.14

$3105.89

$4031.20

$5013.65

$6029.85

Resolution/Solid Waste Rates Page 11 of 15
Rev: 11/22/17
E. Front Load Bin Garbage Service (Compacted): Variable, for commercial, institutional, and residential multi-family occupancy customers; monthly charge (for weekly collections) with container furnished by Contractor.

BIN SIZE
(Cubic Yards)
ONE TO SIX COLLECTIONS PER WEEK4

ONE TWO THREE FOUR FIVE SIX

1 $266.67

$530.51

$791.69

$1050.12

$1308.54

$1564.22

1½

$380.78

$759.91

$1131.27

$1497.76

$1865.97

$2229.46

2 $494.88

$984.36

$1473.84

$1952.67

$2430.93

$2914.98

3 $724.49

$1437.51

$2140.17

$2832.29

$3530.11

$4224.69

4 $950.58

$1889.97

$2820.05

$3729.65

$4646.55

$5529.61

6 $1386.28

$2761.66

$4101.55

$5441.43

$6781.29

$8122.22

8 $1817.18

$3630.10

$5447.33

$7153.12

$8916.05

$10712.73

F. Front Load Bin Recycling Service: Variable, for commercial, and institutional customers; monthly charge (for weekly collections) with container furnished by Contractor.

Contractor bills customers for commercia l recycling services directly, not the City. Per Exhibit A, Section C. (v.) of Agreement, if a commercial customer requires more than 96 gallons of recycling service per week, Contractor may charge customer. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non-exclusive franchise fees.

BIN SIZE
(Cubic Yards)

ONE TO SIX COLLECTIONS PER WEEK

ONE TWO THREE FOUR FIVE SIX

1 $86.12

$168.79

$248.23

$324.27

$400.33

$473.03

1½

$124.12

$246.19

$358.81

$465.45

$574.22

$677.17

2 $162.08

$317.54

$473.03

$615.50

$757.27

$906.11

3 $239.73

$465.45

$678.53

$878.72

$1085.86

$1289.06

4 $313.09

$612.50

$900.55

$1163.59

$1435.52

$1666.13

Resolution/Solid Waste Rates Page 12 of 15
Rev: 11/22/17

6 $439.68

$866.03

$1249.04

$1632.00

$2015.01

$2399.25

8 $560.40

$1115.58

$1676.04

$2100.35

$2594.46

$3129.82

G. Front Load Bin Source Separated Food Scrap and Organic Waste Service

FOOD SCRAP RECYCLING

BIN COLLECTIONS PER WEEK

SIZE (CAPACITY) ONE TWO THREE FOUR FIVE
One (1) cubic yard (collection rate) $94.73 $185.66 $273.05 $356.71 $440.36 Processing cost per one (1) cubic yard
container $24.72 $48.89 $73.05 $97.22 $121.39
Three (3) cubic yards (collection rate) $263.70 $512.00 $746.38 $966.59 $1194.46 Processing cost per three (3) cubic yard
container $73.33 $145.83 $218.33 $290.84 $363.35
Contractor bills customers for food scrap recycling services directly. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis, along with its non-exclusive franchise fees. Contractor shall invoice City on a monthly basis for processing costs. Processing cost per container includes ten percent (10%) for billing and franchise fees.

H. Roll-Off Bin Garbage and Construction and Demolition Service: Per collection with roll-off container furnished by Contractor and front loader compactor bin furnished by customer. The rates specified below do not include recycling/disposal costs. Customer shall be billed by Contractor for the actual charges incurred by the Contractor for recycling and/or disposal of collected contents plus ten percent (10%) markup for billing and franchise fees. This 10% markup is included in the rates below.

BIN SIZE/CAPACITY

OPEN (Loose)

CONTAINER
(per cubic yard)
COMPACTED (Closed)

CONTAINER
(per cubic yard)

10 cubic yards or less

$38.89

$51.23

11 to 15 cubic yards

$38.89

$44.46

16 to 20 cubic yards

$35.82

$40.61

21 to 29 cubic yards

$32.51

$40.61

30 cubic yards

$27.39

$40.61

I I I I

Resolution/Solid Waste Rates Page 13 of 15
Rev: 11/22/17

31 to 39 cubic yards

$25.92

$40.61

40 cubic yards & over

$25.10

$40.61
Demurrage charge (one-week extension
without collection) $67.94/week $67.94/week

III. SPECIAL CHARGES
A. Provided by Mission Trail Waste Systems and Billed to Customer by City:

1. Manual Front-Load Bin Push/Pull Charges

RATE LEVEL ONE-WAY DISTANCE RATE

L-1

6 to 20 feet

$31.27

L-2

21 to 40 feet

$40.80

L-3

41 to 60 feet

$60.81

L-4

61 to 80 feet

$72.53

L-5

81 to 100 feet

$101.22

L-6

101 to 120 feet

$132.93

L-7

121 to 140 feet

$164.22

L-8

141 to 160 feet

$193.73

L-9

161 to 180 feet

$222.00

L-10

181 to 200+ feet

$252.39

2. Lock Bar/ Lock Jam Front Load Services
One-time installation fee, including one (1)
lock:
$92.09

3. Purchase of Lock
Per each, includes delivery of lock: $43.44

Resolution/Solid Waste Rates Page 14 of 15
Rev: 11/22/17

4. Front-Load Bin Steam Cleaning - Per
occurrence, not include once per year annual
cleaning:

$110.36

B. Provided by Mission Trail Waste Systems and Billed to Customer by Contractor:

1. Roll-Off Bin Steam Cleaning - Per occurrence
not including once per year annual cleaning: $540.88*

2. Saturday Service Roll-Off Bin - Per
occurrence: $588.68*

3. “Emergency” Roll-Off Load Collection on a
Weekday- Per driver hour with one (1) hour
minimum charge:
$315.37*

4. Relocation of Roll-Off Bin - Per driver hour
with one (1) hour minimum charge: $315.37*

5. Roll-Off Driver Time - Per driver hour with
one (1) hour minimum charge: $315.37*

6. Counter-balance Front-Load Covered Bin
(Premium charge paid by Customer –
availability limited to 100 bins total)

$12.47/unit/month

7. Special Charges for return trips, non-scheduled
collections, overages, and contamination:

Monthly collection charge for cart or
bin size multiplied by 12, divided by
52, and multiplied by 1.5 per
occurrence

8. Illegal bin removal and storage fee:
$342.81* plus disposal cost per
occurrence
* Roll-off bin special services charges include markup of ten percent (10%) for billing and franchise fees. Contractor shall retain five percent (5%) for billing and remit five percent (5%) to City on a quarterly basis.

C. Provided by Recology for Residential Recycling Customers:

1. Manual Push/Pull Charges (first 10 feet complimentary): $1.05 per foot moved

2. Front Loading Bin Cleaning Charge: $131.25 per cleaning

3. Driver-time Reimbursement: $99.75 per hour

Resolution/Solid Waste Rates Page 15 of 15
Rev: 11/22/17

4. Lock-Jam Bin Installations: $78.75 flat fee

5. Charge to Service Contaminated Toter: $131.25 flat fee per container

6. Charge to Service Contaminated Front-Loading Bins: $131.25 flat fee per container

7. Charge to haul compactor: $537.60 per haul ** ** Contractor provides billing and collection for compactor hauling services.

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YOU CAN PARTICIPATE IN THE PROCESS
A public hearing on these proposed increases will
be held during the Santa Clara City Council
Meeting scheduled for Tuesday, May 23, 2023 at
7 p.m. The City of Santa Clara is conducting
meetings in a hybrid manner (in-person and
continues to have methods for the public to
participate remotely).

Via Zoom:
https://sa ntac la raca .zoom .us/j/99706759306
Meeting ID: 997-0675-9306
Phone: 1-669-900-6833
Proposed rate increases for the Solid Waste
Program (Garbage, Yard Trimmings, and
Recycling) wil l be considered for adoption at the
public hearing.

To forma lly protest the proposed increases you
must do so in writing , as protests cannot be
accepted via email, Zoom, or telephone. Written
protests must be received before the close of the
public hearing. To be counted, protests must be
mailed or dropped off to:

City Clerk's Office - Utility Rate Comments
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Written protests must include your name, your
signature, the address of the property for which
you are the owner or utility customer , and the
rate(s) you are protesting . If protests are received
from a majority of the parcels affected by the
proposed rate increase by the close of public
hearing, the City Council will not impose the
increase.

If you have questions, please call the Department
of Public Works at 408-615-3080.

NOTICE OF PUBLIC HEARING AND

PROPOSED SOLID WASTE RATE

INCREASES FOR UTILITY BILLS ON
AND AFTER JULY 1, 2023
The City provides customers with dependable ,
efficient, safe, and cost-effective solid waste
services for residents and businesses that call
Santa Clara home.

The proposed solid waste rates have been
generated through a recent rate study to ensure
that each service rate equitably captures the
cost of service. Each proposed solid waste rate
was developed to include the sum of the
following cost elements:
1) Collection costs
2) Processing and disposal or composting costs
3) City program costs
Rate increases are necessary to fund the
contractually obligated compensation
adjustments paid to the City's solid waste
service providers.

The City wil l continue to implement appropriate
and prudent cost-saving and cost-controlling
measures to mainta in the affordabi lity of these
basic services.

For more information about the City's rates,
visit SantaClaraCA.gov/SolidWasteRates

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Attachment 3
Santa Clara County Residential Cart Monthly Rate Comparison CITY Supersaver
(or 20-24 gal
cart)
Small
(or 32-35-gal
cart)
Medium
(or 65-gal cart)
Large
(or 95-gal cart)
Anticipates Rate
Increases in FY
23/24
CAMPBELL (2022/23) $32.92 $40.71 $73.67 $106.63 ✓
CUPERTINO (2023) $37.78 $40.18 $77.33 $114.48
GILROY (2022/23) N/A $40.42 $57.81 $75.66 Undetermined
LOS ALTOS (2022/23) $42.45 $45.73 $91.43 $137.17 ✓
LOS GATOS (2022/23) $35.17 $43.76 $79.71 $115.66 ✓
MILPITAS (2023) $36.46
(64-gallon split-
cart with 19 gal
for garbage, 19
gal for food
scraps = 38-gal
total)
$39.63
(64-gallon split-
cart with 26 gal
for garbage, 19
gal for food
scraps = 45-gal
total)
$46.61
(64-gallon split-
cart with 45 gal
for garbage, 19
gal for food
scraps = 64-gal
total)
$53.54
(96-gallon split-
cart with 67 gal
for garbage, 29
gal for food
scraps = 96-gal
total)
MORGAN HILL (2023) N/A1 $38.22 N/A1 N/A1 Undetermined

MOUNTAIN VIEW
(2022/23)
$27.00 $39.35 $78.70 $118.05 ✓
PALO ALTO (2023) $27.81 $50.07 $100.15 $150.22 ✓
SAN JOSE (2022/23) N/A $49.43 $98.86 $148.29 ✓

SANTA CLARA
(2022/23)
$38.88 $46.18 $68.61 $90.90 ✓
SARATOGA (2022/23) $35.47 $43.97 $79.96 $115.94 ✓
SUNNYVALE (2022/23) $36.28
(27-gallon
split-cart)
$42.11
(43-gallon
split-cart)
$49.49
(64-gallon
split-cart)
N/A Undetermined
AVERAGE $35.02 $43.06 $75.19 $111.50
SANTA CLARA Single
Family Rate (2023/24) -
does not include CUC
charge
$41.41 $49.12 $72.74 $96.28

SANTA CLARA
Townhouse Rate
(2023/24) – does not
include CUC charge
$27.16 $34.87 $58.49 $82.03
1 Basic Single-Family Rate with Street Sweeping – unlimited basic solid waste service and garbage cart rental – flat rate of $41.58/month for hillside and $38.22/month for flat areas.

Attachment 4
Santa Clara County Commercial Bin
Monthly Rate Comparison
1-1.5 CUBIC
YD BIN

SERVICE
1 Time/Week
1-1.5 CUBIC
YD BIN

SERVICE
3 Times/Week
1-1.5 CUBIC
YD BIN

SERVICE
5 Times/Week
3 CUBIC YD

BIN SERVICE
1 Time/Week
3 CUBIC YD

BIN SERVICE
3 Times/Week
3 CUBIC YD

BIN SERVICE
5 Times/Week
Separate
Charge for
Organics
Collection
Service
Anticipates
Rate Increases
in FY 23/24
CITY
CAMPBELL (2022/23) $187.831 $568.861 $949.891 $375.65 $1,137.73 $1,899.78 ✓ CUPERTINO (2023) $198.141 $594.461 $990.791 $317.04 $951.10 $1,585.22 ✓ GILROY (2022/23) $185.36 $509.84 $834.34 $386.64 $ 1,069.88 $ 1,753.13 ✓ Undetermined LOS ALTOS (2023) $179.37 $538.15 $896.93 $538.14 $1,614.47 $2,690.78 ✓ LOS GATOS (2022/23) $233.441 $707.191 $1,180.921 $466.89 $1,414.38 $2,361.85 ✓ MILPITAS (2023) $131.51 $323.87 $487.37 $298.68 $845.52 $1,362.56 ✓ MORGAN HILL (2023) $200.27 $559.15 $918.04 $420.44 $1,180.96 $1,941.35 ✓ Undetermined MOUNTAIN VIEW (2022/23) $113.50 $385.35 $657.00 $339.80 $1,064.90 $1,789.85 ✓ ✓ PALO ALTO (2023) $178.54 $546.36 $919.03 $437.20 $1,388.28 $2,341.65 ✓ ✓ SAN JOSE (2022/23) $179.502 $514.032 $851.102 $538.50 $1,542.09 $2,553.30 ✓ SANTA CLARA (2022/23) $155.53 $458.72 $754.11 $398.92 $1,165.04 $1,906.66 ✓ SARATOGA (2022/23) $268.001 $812.131 $1,356.271 536.00 $1,624.25 $2,712.55 ✓ SUNNYVALE (2022/23) $326.11 $978.33 $1,630.56 $607.13 $1,821.38 $3,035.63 ✓ Undetermined AVERAGE $195.16 $576.88 $955.87 $435.46 $1,293.84 $2,148.79 SANTA CLARA (2023/24) $169.10 $499.01 $820.74 $431.81 $1,262.13 $2,033.71 1 Rates shown are for 1.5 cubic yard bins. These jurisdictions do not provide 1 cubic yard bins. 2 Rates shown reflect multi-family service rates. San Jose has a separate rate structure for commercial customers that follows a wet/dry program, which is not included in this table.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-479 Agenda Date: 5/23/2023

REPORT TO COUNCIL

SUBJECT
Public Hearing: Action on a Resolution Amending Rate Schedules for Electric Services for All Classes of Customers, Effective July 1, 2023

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), is proposing a 5% increase to its rate schedules for all classes of customers, effective July 1, 2023 (Bill Cycle 734). This proposed increase is necessary due to the spike in market energy prices and market natural gas prices (see attached Natural Gas Prices - Winter Comparison) that mostly occurred in December 2022 and January 2023. This spike in natural gas prices caused unforeseeable and significant increases in SVP’s power purchase and production costs. Importantly, these extreme cost increases could not be accounted for in the 8% rate increase, that Council authorized on December 6, 2022, (effective January 1, 2023) as the historic gas price spikes occurred after this authorization.

The unprecedented nature of the price spike cannot be overemphasized. The wholesale costs in the California Independent System Operator’s (CAISO) energy market saw additional costs of almost $4 billion in December and January alone. Over those two months, SVP’s power purchases and production costs were approximately $130 million over budget. These costs were partially offset by (1) energy sales from SVP-owned resources, and contracted resources and (2) SVP hedging strategy in accordance with good risk management practices; however, the overall net was approximately $50 million over the budget. Through February 2023, power purchases and gas costs were $78 million higher than budgeted. This represents approximately 12.7% of SVP’s total operating revenue budgeted for FY 22/23.

SVP has cash funded all operating and capital expenses over the years and drawn down cash reserve to cover these additional costs. SVP must maintain its financial health and maintain SVP’s AA-bond rating by having a balanced budget and adequate reserves to weather future market fluctuations. Therefore, the proposed rate increase is needed for these reasons. As set forth below, SVP is not able to absorb the cost increases or wait until January 1, 2024, for a rate increase without jeopardizing its financial health; therefore, staff is recommending a July 1, 2023, rate increase.

DISCUSSION
The proposed 5% rate increase is needed to recover the increased cost of generating and delivering power to all SVP customers, especially during the months of December 2022 and January 2023, while maintaining SVP’s credit quality and maintaining appropriate reserves.

As SVP does not take rate adjustments lightly, staff considered deferring recovery of this cost until 2024; however, there are a number of reasons that make this mid-year rate increase necessary. SVP must replenish and maintain its cash reserves to meet the minimum reserve levels. The reserve levels are set annually by Council within the adopted Biennial Budget process. Staff is focused on two key items; the Operation and Maintenance Reserve and the Rate Stabilization Reserve which are estimated to be at minimum levels and the total cash reserves which will be below desired levels even with the rate increase.

The maintenance and replenishment of cash reserves support best practices identified through the Government Finance Officers Association (the “GFOA”). Adequate liquidity levels are needed to maintain strong financial profiles with rating City of Santa Clara Printed on 5/17/2023Page 1 of 3
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23-479 Agenda Date: 5/23/2023
agencies. As noted, even with the rate increase reserve targets will still be below desired levels. SVP is also moving forward to fund the Capital Improvement Plan (CIP) with long-term bonds, which requires SVP to maintain a strong bond rating to reduce the borrowing cost. SVP’s current bond rating is A+ from S&P and AA- from Fitch Ratings. These rating agencies use the level of cash reserves as one of the metrics to determine credit rating.

It is important to note that this mid-year rate increase does not correct the budget issues created by the historic gas prices over the winter. The operation and maintenance reserve and rate stabilization reserves are estimated to be at the minimum range of $204 million by June 30. The total days of cash on hand is estimated to be 240 days or $405 million by June 30 (35 days or $58 million below desired levels). Staff expects a 3 to 4 year recovery period and will continue to meet monthly to review resource and production prices and the overall budget. It is still unknown how the current hydrological conditions could affect projections.

In compliance with Article XIIIC of the California Constitution, the proposed rate increase will not result in the City’s electric rates exceeding the City’s reasonable cost to provide electric service to its customers.

Deficit Reduction Actions
SVP has worked diligently to offset a significant portion of the cost increases that have occurred over the past year.

Some of these efforts are summarized below:
· Liquidate partial gas position ($8 Million);
· Lawsuit resolution ($18.5 million);
· Defer Capital Projects ($12.8 Million);
· Sale of excess Renewable Energy Certificates (FY 2023/24); · Higher energy sales from SVP owned and/or contracted generations; and · Having a balanced and diversified resource portfolio, including hydroelectric power (which is expected to lower resource procurement costs due to current wet year condition).

Even with the actions above, approximately $75 million in fund balances may be needed to cover the additional costs.

Average Cost of Rate Increase and Rate Assistance
Staff proposes that rates and charges for all classes of customers be increased on a uniform percentage basis because the underlying cost increases triggering this rate increase proposal have been incurred on behalf of all classes of existing customers.

For an average residential electric customer (averaging 420-kilowatt hours usage per month in FY2021/22), with the proposed 5% increase, the customer’s electric bill will increase by approximate $3 per month (from $60.05 to $63.05) or approximately $36 a year. Residential bills for higher or lower usage levels will be proportionately larger or smaller.

For customers who have difficulty absorbing these increases, SVP provides a rate assistance program for low-income customers. As staff presented in December the rate assistance discount was increased starting January 2023, and for enrolled customers, it completely offset the increase effective January 2023. For this proposed July 1, 2023, rate increase, SVP will also be proposing a one-time efficiency/climate credit of $30 that is intended to help cover the increased costs for all residential customers.

Comparison to PG&E Rates
With the proposed increase, SVP’s rates will remain significantly below PG&E’s current rates. PG&E’s residential rate increased 19% in summer 2022 from summer of 2021. From October 2022 to March 2023, PG&E’s average residential rate increased an additional 7% and commercial/industrial rates increased almost 9%.

SVP Proposed Rates Percentage Below
PG&E Rates Current (03-01-23)
Residential 58%
Small Commercial 35%
Large Commercial 49%
Small Industrial 42%
Large Industrial 38%City of Santa Clara Printed on 5/17/2023Page 2 of 3 powered by Legistar™
23-479 Agenda Date: 5/23/2023
Residential 58%
Small Commercial 35%
Large Commercial 49%
Small Industrial 42%
Large Industrial 38%

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15273 of Title 14 of the California Code of Regulations in that the proposed action is a modification of rates which is needed in order to meet operating expenses and maintain adequate cash reserves, and other reasons set forth in this staff report.

FISCAL IMPACT
SVP is continuing to closely monitor the power purchase and production costs and will bring forward actions in FY 2022/23 to address budget needs, likely through the use of fund balancing.

The proposed 5% rate increase is anticipated to generate approximately $29 million additional revenue in Fiscal Year 2023/2024. This increase is assumed in the FY 2023/24 and FY 2024/25 Proposed Operating Budget.

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

In addition, Electric Utility staff have reached out to the Energy Task Force, (large customers), school districts, numerous individual customers, City news and SVP news subscriptions by way of GovDelivery. Staff have also disseminated information via social media: Nextdoor, Twitter and Facebook.

RECOMMENDATION
Adopt a Resolution amending City Rate Schedules for Electric Utility Services to increase Electric Rates and Charges in each Rate Schedule by 5.0%, effective July 1, 2023.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Resolution with attached Rate Schedules for Electric Services for All Classes of Customers

2. Natural Gas Prices - Winter Comparison
City of Santa Clara Printed on 5/17/2023Page 3 of 3
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Resolution/Electric Utility Rate Increase, Effective July 1, 2023 Page 1 of 3 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AMENDING CITY RATE SCHEDULES FOR ELECTRIC UTILITY

SERVICE TO INCREASE ELECTRIC RATES AND CHARGES IN
EACH RATE SCHEDULE BY FIVE PERCENT (5.0%) BEGINNING
JULY 1, 2023 (BILL CYCLE 734)

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

Chapter 13.05 of the Santa Clara City Code ("Code"), which is entitled Operation of an Electric Utility, provides that all electric energy and power furnished to customers of the Electric Department (“Electric Department”) of the City of Santa Clara, California, doing business as Silicon Valley Power, shall be supplied and charged to such customers, and paid for by such customers in accordance with certain electric rate schedules, tariffs , and rules and regulations adopted by the City Council;
WHEREAS, Section 13.05.040 of the Code further states that the City Council may, by resolution, review, revise, adopt and/or promulgate new or amended electric utility rate schedules from time to time as it deems necessary to meet the City’s contractual obligations and debt service requirements and to cover the cost of constructing, operating and maintaining the electric utility to serve the load;
WHEREAS, the Electric Department presented a Report To Council to the City Council (“Report to Council”) at its regularly scheduled meeting on May 23, 2023, to amend the City of Santa Clara Electric Rate Schedules ("Rate Schedules") , which are attached hereto with proposed amendments and incorporated herein reference;
WHEREAS, the proposed five percent (5%) increase to the rates and charges in the Rate Schedules are necessary to enable the Electric Department to (1) offset, among other things, (a) unforeseeable and significant increase in power production and procurement cost which mostly occurred in December 2022 and January 2023; (b) increased transmission costs; ( c) additional environmental and reliability requirements; and (d ) transmission and distribution systems Resolution/Electric Utility Rate Increase, Effective July 1, 2023 Page 2 of 3 Rev: 11/22/17
upgrade costs; and (2) maintain the Rate Stabilization Fund at the target level to maintain financial stability and the bond rating of the Electric Department ; WHEREAS, the City Council reviewed the recommendations contained in the Report to Council, which include the recommendation to the City Council to amend the Rate Schedules for utility service to increase electric rates and charges in such Rate Schedules by five percent (5.0%) beginning July 1, 2023; and
WHEREAS, the City Council has considered the evidence which was presented to it and concurs with the findings as set forth hereinabove to support the five percent (5.0%) increase to the rates and charges in the Rate Schedules .

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

1. That the findings as set forth herein are hereby adopted by the City Council of the City of Santa Clara.

2. The Five Percent (5%) increase to the rates and charges in the Rate Schedules and other amendments to the Rate Schedules shall be and are hereby adopted by the City Council of the City of Santa Clara, as reflected in the attachments hereto, effective July 1, 2023 (Bill Cycle 734).

3. That a true and correct copy of the Resolution, including amended Rate Schedules, shall always be kept on file in the Office of the City Clerk and in the Billing Division of the City Finance Department while the Rate Schedules are effective and until further amended or replaced, and shall be open to public investigation and inspection during the regular business hours of such offices.
///
///
///
Resolution/Electric Utility Rate Increase, Effective July 1, 2023 Page 3 of 3 Rev: 11/22/17

4. 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 23RD DAY OF MAY 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS: Becker, Chahal, Hardy, Jain, Park, Watanabe and Mayor Gillmor
NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Rate Schedules for Electric Services to be Effective July 1, 2023

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE A

MUNICIPAL WATER DEPARTMENT

Sheet 1 of 1

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

DESCRIPTION OF SERVICE:

The schedule is applicable to electricity used by the Municipal Water Department for water and sewer pumping service.

RATES:

All kWh, per kWh $ 0.12579

SURCHARGE:

Public Benefits Charge and State Surcharge, as set forth in Note A, will be added to the above charge.

NOTES:

(A) SURCHARGES:

PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a state required non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, renewable energy and low income assistance programs. The surcharge is equal to kWh billed times 2.85%.

STATE SURCHARGE: The state surcharge is required by California state law, and supports funding for the California Energy Commission. The surcharge is equal to kWh billed times the State Surcharge Rate. The current State Surcharge Rate can be found on SVP’s website at:

http://www.siliconvalleypower.com/svp-and-community/rules-and-regulations

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE C-1

GENERAL SERVICE

Sheet 1 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

DESCRIPTION OF SERVICE:

This schedule is applicable to alternating current service through one meter, for power and heating alone or combined with lighting. This schedule is applicable to customers who do not qualify for Schedule D-1, CB-1, CB-3, CB-6, CB-7 or CB-8. The Time of Use (TOU) Option is available to all customers. Customers who utilize the TOU option will be responsible for the installed cost of a TOU meter, as set forth in Note (B) below.

RATES: Non-Time of Use Time of Use Option

SINGLE-PHASE SERVICE:

CUSTOMER CHARGE, per meter per month: $ 4.60 $ 4. 60 ENERGY CHARGE: (In addition to the Customer Charge)
Peak Off-Peak
First 800 kWh, per kWh $ 0.22161 $0.24116 $0.20560 Excess Over 800 kWh, per kWh $ 0.20118 $0.22073 $0.18517

MINIMUM CHARGE: $4.60 per meter per month but not less than $2.85 per month per kVA of connected welder load, rectifier load, x-ray and x-ray type equipment load, fusing machine load, and other types of welding equipment load.

THREE-PHASE SERVICE: The single-phase rate plus $3.60 per meter per month.

MINIMUM CHARGE: $8.20 per month, but not less than $2.85 per month per kVA of connected welder load and per horsepower of polyphaser connected load, rectifier load, x-ray and x -ray type equipment load, fusing machine load, and other types of welding load.

SURCHARGES:

Public Benefits Charge and State Surcharge, as set forth in Note A, will be added to the above charges.

NOTES:

(A) SURCHARGES:

PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a state required non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, and low income assistance programs. The surcharge is equal to the sum of the Customer Charge and the Energy Charge times 0.0285.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE C-1

GENERAL SERVICE

Sheet 2 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

The current State Surcharge Rate can be found on SVP’s website at:

http://www.siliconvalleypower.com/svp-and-community/rules-and-regulations

.
(B) TIME OF USE (TOU) OPTION:

Customers who select the time of use option will pay a one-time TOU Meter Installation Charge, which is the cost of a TOU meter, plus its installation cost. This Charge is set forth in the City of Santa Clara Municipal Fee Schedule. The manufacturer and model of such meter shall be at the sole discretion of Silicon Valley Power. Time of use periods are as set forth below:

Peak Period: Monday through Saturday, except holidays (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day), beginning at 6:00 AM and ending at 10:00 PM.

Off-Peak Period: All other hours.

The TOU meter is used to measure kWh usage in the peak and off-peak periods. The ratio of peak kWh to total kWh will be used to determine the portion of the First 800 kWh that falls in the peak period. This ratio will also be used to determine the portion of kWh usage above 800 kWh that falls in the peak period.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE CB-1

GENERAL SERVICE DEMAND

METERED

Sheet 1 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728 Series 100

Resolution No. 22-9172

DESCRIPTION OF SERVICES:

This schedule is applicable to commercial or industrial services whose monthly use of energy has exceeded 8,000 kWh for three (3) consecutive months, or where the initial connected load indicates use above 8,000 kWh per billing period. When either of these qualifications has been met, this schedule as well as a Maximum Demand meter will be installed as promptly as is practicable. Both the Schedule CB -1 and the Maximum Demand meter will be continued in service until the monthly use of energy has fallen below 6,000 kWh for 12 consecutive months. At that time, and at the option of Silicon Valley Power, Schedule C-1 will be applicable and the Maximum Demand meter may be removed. The Time of Use Option is available to all customers. Customers who utilize the TOU option will be responsible for the installed cost of a TOU meter, if necessary, as set forth in Note (E) below.

RATES: Non-
Time of Use Time of Use

CUSTOMER CHARGE, per m eter per month $ 83.63 $83.63

DEMAND CHARGE:

Time of Use
Peak Off-Peak
All kW of Billing Demand, per kW $10.10 $10.10 $0.00

ENERGY CHARGE: Non-Time of Use Time of Use Peak Off-Peak
All kWh, per kWh $0.13435 $0.15393 $0.11835

SURCHARGES:

Public Benefits Charge and State Surcharge, as set forth in Note D, will be added to the above charges.

NOTES:

(A) MAXIMUM DEMAND:

The Maximum Demand in any month will be the average kW delivery of the 15-minutes interval in which such delivery is greater than in any other 15-minute interval in the month, provided, however, that in case the load is intermittent or subject of violent fluctuations, Silicon Valley Power may use a 5-minute interval instead of a 15-minute interval.

(B) BILLING DEMAND:

The Billing Demand to be used in computing charges under this schedule will be the mean of the Maximum Demand for the current month and the highest such demand occurring in the year ending with current month.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE CB-1

GENERAL SERVICE DEMAND

METERED

Sheet 2 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728 Series 100

Resolution No. 22-9172

Single-phase or three- phase service on this schedule will be supplied at the secondary voltage available, or at the option of the customer, at the primary voltage available, subject to the rules and regulations for electric service.

(D) SURCH ARGES:

PUBLIC BENEFITS CHARGE: The Public Benefits Charge is a state required non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, and low income assistance programs. The surcharge is equal to the sum of the Customer Charge, Demand Charge and Energy Charge, including adjustment for Primary Voltage and Power Factor, times 0.0285.

STATE SURCHARGE:

The state surcharge is required by California state law, and supports funding for the California Energy Commission. The surcharge is equal to kWh billed times the State Surcharge Rate.

The current State Surcharge Rate can be found on SVP’s website at:

http://ww
w.siliconvalleypower.com/svp-and-community/rules-and-regulations

(E) TIME OF USE OPTION:

Customers who select the time of use option will pay a one-time TOU Meter Installation Charge, which reflects the cost difference (including installation) between a non-time of use meter and a time of use meter. This Charge is set forth in the City of Santa Clara Municipal Fee Schedule. The manufacturer and model of such meter shall be at the sole discretion of Silicon Valley Power. Time of use periods are as set forth below:

Peak Period: Monday through Saturday , except holidays (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day), beginning at 6:00 AM and ending at 10:00 PM.

Off-Peak Period: All other hours.

The TOU meter is used to measure kWh and kW in the peak and off-peak periods.

(F) PRIMARY VOLTAGE DISCOUNT:

When delivery is made at the same voltage as that of the distribution line from which the service is supplied, a discount of $1.26 per kW of Billing Demand for 12kV line voltages will be allowed, provided, however, Silicon Valley Power is not required to supply service at a particular line voltage where it has (or will install) ample facilities for supplying at another voltage equally or better suited to the customer's

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE CB-1

GENERAL SERVICE DEMAND

METERED

Sheet 3 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728 Series 100

Resolution No. 22-9172

electrical requirements. Silicon Valley Power retains the right to change its line voltage at any time, after reasonable advance notice to any customer receiving a discount hereunder and affected by such change, and such customer then has the option to change their system so as to receive service at the new line voltage or to accept service (without voltage discount) through transformers to be supplied by Silicon Valley Power.

(G) POWER FACTOR:

When the Billing Demand has exceeded 300 kW for three consecutive months and thereafter until it has fallen below 200 kW for twelve consecutive months, bills will be adjusted for weighted monthly average Power Factor as follows:

The sum of Customer Charge, Demand Charge, Energy Charge, Primary Voltage Discount (as applicable) for any month as computed on the above rates will be decreased or increased, respectively, by 0.1 % for each 1 % that the average Power Factor is greater or less than 85%. Such average Power Factor to be computed (to the nearest whole percent) from the ratio of lagging kilovolt-ampere-hours to kilowatt- hours consumed in the month.

(H) OFF-
PEAK DEMAND – NON TIME OF USE:

Any customer may, upon request, have their Maximum Demand measured by a recording type meter , and all demands occurring between 10:00 PM and 6:00 AM of the following day and on Sundays and legal holidays will not be counted in determining the Billing Demand.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE CB-3

LARGE GENERAL SERVICE DEMAND

METERED

Sheet 1 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

DESCRIPTION OF SERVICE
This schedule is applicable to industrial and commercial services whose monthly billing demands have exceeded 4,000 kilowatts for three consecutive months, or where the initial connected load indicates a demand above 4,000 kilowatts. Customers served under this Schedule CB-3 will be continued in service until the monthly billing demand has fallen below 4,000 kilowatts for 12 consecutive billing periods. The Time of Use Option is available to all customers. Customers who utilize the TOU option will be responsible for the installed cost of a TOU meter, if necessary, as set forth in Note (E) below.

RATES: No
n-time of use Time of Use

CUSTOMER CHARGE – per meter per month $83.63 $83.63

DEMAND CHARGE: Non-time of use Time of Use
Peak Off-Peak
All kW of Billing Demand, per KW $13.48 $13.48 $0.00

ENERGY CHARGE: Non-time of use Time of Use
Peak Off-Peak
All kWh, per kWh $0.12374 $0.14327 $0.10771

SURCHARGES:

Public Benefits Charge and State Surcharge, as set forth in Note D, will be added to the above charges.

NOTES:

(A) MAXIMUM DEMAND:

The Maximum Demand in any month will be the average kW delivery of the 15-minute interval in which such delivery greater than in any other 15-minute interval in the month, provided, however, that in case the load is intermittent or subject to violent fluctuations, Silicon Valley Power may use a 5-minute instead of a 15-minute interval.

(B) BILLING DEMAND:

The Billing Demand to be used in computing charges under this schedule will be the mean of the actual Maximum Demand for the current month and the highest such demand occurring in the year ending with the current month.

Service on this schedule will be supplied at the primary voltage available or, at the option of Silicon Valley Power, at the secondary voltage available, subject to the rules and regulations for electric service.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE CB-3

LARGE GENERAL SERVICE DEMAND

METERED

Sheet 2 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

(D) SURCHARGES:

PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a state required non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, and low income assistance programs. The surcharge is equal to the sum of the Customer Charge, Demand Charge, and Energy Charge, including adjustment for Power Factor and Primary Voltage, times 0.0285.

The current State Surcharge Rate can be found on SVP’s website at:

http://ww
w.siliconvalleypower.com/svp-and-community/rules-and-regulations

(E) TIME OF USE OPTION:

Peak Period: Monday through Saturday, except holidays (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day), beginning at 6:00 AM and ending at 10:00 PM.

Off-Peak Period: All other hours.

The TOU meter is used to measure kWhr and kW in the peak and off-peak periods.

(F) PRIMARY VOLTAGE DI
SCOUNT:

When delivery is made at the same voltage as that of the distribution line from which the service is supplied, a discount of $1.26 per kW of Billing Demand for 12kV or higher available line voltages will be allowed, provided, however, Silicon Valley Power is not required to supply service at a particular line voltage where it has (or will install) ample facilities for supplying at another voltage equally or better suited to the customer's electrical requirements. Silicon Valley Power retains the right to change its line voltage at any time, after reasonable advance notice to any customer receiving a discount hereunder and affected by such change, and such customer then has the option to change their system so as to receive service at the new line voltage or to accept service (without voltage discount) through transformers to be supplied by Silicon Valley Power.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE CB-3

LARGE GENERAL SERVICE DEMAND

METERED

Sheet 3 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

(G) POWER FACTOR:

(H) OFF-
PEAK DEMAND:

Any customer served under this Rate Schedule may, upon request, have their Maximum Demand measured by a recording type meter , and all demands occurring between 10:00 P.M. and 6:00 A.M. of the following day and on Sundays and legal holidays will be discounted in determining the Billing Demand.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE CB-6

LARGE COMBINED GENERAL

SERVICE

Sheet 1 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

RATE OPTIONS: Non Time of Use Time of Use

CUSTOMER CHARGE
For Each Service Address – per meter per month $ 390.02 $390.02

DEMAND CHARGE:

Peak Off-Peak
All kW of Billing Demand, per kW: $24.57 $ 24.57 $0.00 ENERGY CHARGE:

First 5,000,000 kWh, per kWh $ 0.09352 $ 0.10203 $0.08960 Next 10,000,000 kWh, per kWh $ 0.09100 $ 0.09951 $0.08708 Next 5,000,000 kWh, per kWh $ 0.08594 $ 0.09445 $0.08203 Over 20,000,000 kWh, per kWh $ 0.07836 $ 0.08688 $0.07445

SURCHARGE S:

Public Benefits Charge and State Surcharge, as set forth in Note E, will be added to the above charges.

NOTES:

(A) MAXIMUM DEMAND
The Maximum Demand in any month will be the sum of the highest average kW delivery, at each service address, of any 15-minute interval occurring between 1:00 PM and 10:00 PM Monday through Saturday, excluding holidays. However , in case the load is intermittent or subject to violent fluctuations , Silicon Valley Power may use a 5-minute interval instead of a 15-minute interval.

(B) BILLING DEMAND
The Billing Demand to be used in computing charges under this schedule will be sum of the mean of the actual Maximum Demand for the current month at each service address and the highest such demand occurring in the year ending with the current month at each service address, but not less than 5,000 kw.

For each Service Address served at less than 12,000 volts, the Demand Charge will be increased by

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE CB-6

LARGE COMBINED GENERAL

SERVICE

Sheet 2 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

$1.26 per kW. For each Service Address served at 60,000 volts directly from a customer owned substation or from a SVP -owned substation directly paid for by customer, the Demand Charge will be reduced by $1.58 per kW. However, Silicon Valley Power is not required to supply service at a particular line voltage where it has (or will install) ample facilities for supplying at another voltage equally or better suited to the customer's electrical requirements. Silicon Valley Power retains the right to change its line voltage at any time, after reasonable advance notice to any customer receiving a discount hereunder and affected by such change, and such customer then has the option to change their system so as to receive service at the new line voltage or to accept service (without voltage discount) through transformers to be supplied by Silicon Valley Power.

(D) POWER FACTOR:

For each service address where Billing Demand has exceeded 300 kW for three consecutive months, bills will be adjusted for weighted monthly average Power Factor as follows: the sum of Customer Charge, Demand Charge, Energy Charge, Secondary Voltage Adjustment (as applicable) and 60kV Delivery Adjustment (as applicable) for any month as computed on the above rates will be decreased or increased, respectively, by 0.1 % for each 1 % that the average Power Factor is greater or less than 85%. Such average Power Factor to be computed (to the nearest whole percent) from the ratio of lagging kilovolt-ampere-hours to kilowatt- hours consumed in the month, provided, however, that no Power Factor correction will be made for any month when the Maximum Demand of such service address, is less than 10% of the highest demand in the preceding eleven months.

Pow er Factor Adjustment will be discontinued for any service address that falls below 200 kW for 12 consecutive months.

(E) SURCHARGES:

PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a state required non-bypassable surcharge on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, renewable energy, and low income assistance programs. The surcharge is equal to the sum of the Customer Charge, Demand Charge, Energy Charge, Voltage and Power Factor Adjustment, times 0.0285.

STATE SURCHARGE:

The State Surcharge is required by California state law, and supports funding for the California Energy Commission. The surcharge is equal to kWh billed times the State Surcharge Rate. The current State Surcharge Rate can be found on SVP’s website at:

http://www.siliconvalleypower.com/svp-and-community/rules-and-regulations

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE CB-6

LARGE COMBINED GENERAL

SERVICE

Sheet 3 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

(F) CALCULATION OF ENERGY CHARGES AT EACH SERVICE ADDRESS:

The energy charges calculated under this Schedule CB-6 will be apportioned to each service address as follows:

1. Energy Charges for each service address will be determined as the ratio of the kWh usage at each service address divided by the sum of kWh usage at all applicable service addresses.

2. After such apportionment, each service address will be subject to the applicable Voltage Adjustment, Power Factor Adjustment, Public Benefits Charge and State Surcharge provisions set forth above.

3. Payment for bills rendered at each service address shall be made by wire transfer, automated clearing house (ACH) transfer, check or credit card. Payments made by credit card will be subject to the applicable credit card transaction fees.

(G) TIME OF USE OPTION:

Customers who select the time of use option will need to provide at least one month written notice and continue with this option for at least one year. Customers who select the time of use option will pay a one-time TOU Meter Installation Charge, which reflects the cost difference (including installation) between a non-time of use meter and a time of use meter. This Charge is set forth in the City of Santa Clara Municipal Fee Schedule. The manufacturer and model of such meter shall be at the sole discretion of Silicon Valley Power. Time of use periods are as set forth below:

Peak Period: Monday through Saturday, except holidays (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day), beginning at 1:00 PM and ending at 10:00 PM.

Off-Peak Period: All other hours. The TOU meter is used to measure kWh and kW in the peak and off-peak period.

CITY OF SANTA CLARA

RATE SCHEDULE CB-7

LARGE COMBINED GENERAL
SERVICE – MARKET BASED OPTION

Sheet 1 of 6

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

DESCRIPTION OF SERVICE
This Schedule is optional to Customers who occupy one or more demand-metered service addresses served by Silicon Valley Power (SVP), where electric service from SVP is in Customer’s name, and where Customer’s combined monthly electric billing demand is 5,000 kW or more. Customers with self-generation may also be subject to Schedule SB-1. Under this Schedule, Customers may designate a portion of their monthly energy purchased from SVP to be priced based on Note H. Customer who select this rate option will continue with this option for the full kWh volume subscribed for at least one year. Customer must also provide at least three months’ written notice to terminate this option and to be billed under other applicable rate schedule. This Schedule is closed to Customers covered by a separate Electric Sales Agreement between Customer and SVP. The total combined energy for all SVP customers that may be served under this rate schedule is 30,000,000 kWh per month.

RATE OPTIONS: Non Time of Use Time of Use

CUSTOMER CHARGE
For Each Service Address – per meter per month $390.02 $390.02

DEMAND CHARGE:

Peak Off-Peak
All kW of Billing Demand, per kW: $24.57 $24.57 $0.00 ENERGY CHARGE:

MARKET-BASED PRICING ADJUSTMENT :

See NOTE H

SURCHARGE S:

Public Benefits Charge and State Surcharge, as set forth in Note E, will be added to the above charges.

NOTES:

CITY OF SANTA CLARA

RATE SCHEDULE CB-7

LARGE COMBINED GENERAL
SERVICE – MARKET BASED OPTION

Sheet 2 of 6

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

For each Service Address served at less than 12,000 volts, the Demand Charge will be increased by $1.26 per kW. For each Service Address served at 60,000 volts directly from a customer owned substation or from a SVP -owned substation directly paid for by customer, the Demand Charge will be reduced by $1.58 per kW. However, Silicon Valley Power is not required to supply service at a particular line voltage where it has (or will install) ample facilities for supplying at another voltage equally or better suited to the customer's electrical requirements. Silicon Valley Power retains the right to change its line voltage at any time, after reasonable advance notice to any customer receiving a discount hereunder and affected by such change, and such customer then has the option to change their system so as to receive service at the new line voltage or to accept service (without voltage discount) through transformers to be supplied by Silicon Valley Power.

(D) POWER FACTOR ADJUSTMENT:

For each service address where Billing Demand has exceeded 300 kW for three consecutive months bills will be adjusted for weighted monthly average Power Factor as follows: the sum of Customer Charge, Demand Charge, Energy Charge, Secondary Voltage Adjustment (as applicable) and 60kV Delivery Adjustment (as applicable) for any month as computed on the above rates will be decreased or increased, respectively, by 0.1 % for each 1 % that the average Power Factor is greater or less than 85%. Such average Power Factor to be computed (to the nearest whole percent) from the ratio of lagging kilovolt-ampere-hours to kilowatt- hours consumed in the month, provided, however, that no Power Factor correction will be made for any month when the Maximum Demand of such service address, is less than 10% of the highest demand in the preceding eleven months.

Power Factor Adjustment will be discontinued for any service address that falls below 200 kW for 12 consecutive months.

(E) SURCHARGES:

PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a state required non-bypassable surcharge on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, renewable energy, and low income assistance programs. The surcharge is equal to the sum of the Meter Charge and Capacity Reservation Charge, times 0.0285.

CITY OF SANTA CLARA

RATE SCHEDULE CB-7

LARGE COMBINED GENERAL
SERVICE – MARKET BASED OPTION

Sheet 3 of 6

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

STATE SURCHARGE:

http://www.siliconvalleypower.com/svp-and-community/rules-and-regulations

(F) CALCULATION OF ENERGY CHARGES AT EACH SERVICE ADDRESS:

The energy charges calculated under this Schedule CB-7 will be apportioned to each service address as follows:

1. Energy Charges for each service address will be determined as the ratio of the kWh usage at each service address divided by the sum of kWh usage at all applicable service addresses.

2. After such apportionment, each service address will be subject to the applicable Voltage Adjustment, Power Factor Adjustment, Public Benefits Charge and State Surcharge provisions set forth above.

(G) TIME OF USE OPTION:

Peak Period: Monday through Saturday, except holidays (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day), beginning at 1:00 PM and ending at 10:00 PM.

Off-Peak Period: All other hours. The TOU meter is used to measure kWh and kW in the peak and off-peak period.

(H) MARKET BASED PRICING ADJUSTMENT (MBPA):

Upon at least 30 days’ notice, customers may designate up to 100%, but not less than 2,000,000 kWh of their monthly usage to be priced based on market indices as set forth below. The total combined amount of energy that may be available (Total Available) to all Customers under this MBPA shall be determined solely by SVP and it’s on a first come first serve basis. SVP shall give 90 days’ notice of any change in such total amount, and endeavor to make such changes effective January 1 of each

CITY OF SANTA CLARA

RATE SCHEDULE CB-7

LARGE COMBINED GENERAL
SERVICE – MARKET BASED OPTION

Sheet 4 of 6

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

calendar year. If the Total Available is changed to an amount lower than actually being allowed, SVP will reduce existing customers’ allowable amounts on a prorated basis, and this schedule will be closed to new customers.

Market Based Pricing Adjustment is calculated as the Market Cost Adjustment Rate times the full kWh subscribed under this rate option. The Market Cost Adjustment Rate is the Current Market Cost of Energy minus the Base Energy Rate. Such difference may be positive or negative.

The Current Market Cost of Energy is determined as set forth in the CB-7 Market Based Option Bill Determinants attached here and as posted. The Current Market Cost of Energy for each calendar month will be sent to Customer served under this option with the monthly bill.

The Base Energy Rate is reflected in the above Energy Charge rates, and is SVP’s determination of the annualized unit cost that a creditworthy customer would incur for receiving bundled energy with renewable and GHG characteristics from publicly owned energy service providers like SVP. The Base Energy Rate will be updated annually in conjunction with changes in the Energy Charge rates.

The Market Based Pricing Adjustment, which can be positive or negative, will be applied to the Energy Charge prior to Voltage Adjustment, Power Factor Adjustment and Surcharges.

CITY OF SANTA CLARA

RATE SCHEDULE CB-7

LARGE COMBINED GENERAL
SERVICE – MARKET BASED OPTION

Sheet 5 of 6

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

CB-7 MARKET BASED OPTION BILL DETERMINANTS

The total combined amount of energy that is available (Total Available) to all Customers under MBPA for Calendar Year 2023 is 30,000,000 kWh per month.

Base Energy Rate for Calendar Year 2023 is $0.07286 per kWh.

Current Market Cost of Energy includes:

1. PG&E Hourly DLAP Price which is the CAISO DLAP_PGAE - APND for the Day Ahead Market (DAM). If any hourly DLAP Price is less than zero, the effective DLAP price for such hour shall be zero.

2. Transmission loss which is 2% of PG&E Hourly DLAP price calculated above.

3. CAISO High Voltage Transmission Access Charge (“HV TAC”) for month ($/MWh) The CAISO HV TAC price is the daily average PG&E effective HV TAC rate for Santa Clara for the applicable month, and is obtained using the following site(s) information:
http://www.caiso.com/market/Pages/Settlements/Default.aspx

4. CAISO Low Voltage Transmission Access Charge (“LV TAC”) price is the daily average PG&E effective LV TAC rate for Santa Clara for the applicable month, and is obtained using the following site(s) information:
http://www.caiso.com/market/Pages/Settlements/Default.aspx.

5. Market Price of Renewable Energy Credit =
Market price of RECs for Month * 42% (SVP applicable RPS percentage for current compliance year) The average monthly market price of RECs is obtained using the following site(s) information:

The data for California Bucket 1, 2, and 3 RECs are obtained from Megawatt Daily. The average monthly market price is then calculated based on SVP weighted average for Bucket 1, 2 and 3 RECs.

For current compliance year, the Bucket 1 is 75%, Bucket 2 is 15% and Bucket 3 is 10%.

CITY OF SANTA CLARA

RATE SCHEDULE CB-7

LARGE COMBINED GENERAL
SERVICE – MARKET BASED OPTION

Sheet 6 of 6

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

6. CAISO Grid Management Charge (“GMC”) ($/MWh) = Charge Code 4560 (Market Services Charge) + Charge Code 4561 (System Operations Charge)
The CAISO GMC is obtained using the following site(s) information (and will be updated as it is updated at the CAISO:
http://www.caiso.com/market/Pages/Settlements/Default.aspx If any of the sources for the above described rate components are no longer available, SVP will diligently seek an alternative but equivalent source for that rate component.

If new or additional components affect the Current Market Cost of Energy due to new legislation or other circumstances, bill determinants will be added or adjusted to reflecting any impacting mandates or regulations. Customers will be provided notification of such additions or adjustments no less than 30 days prior to implementation. .

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE CB-8

CUSTOMER LOAD RETENTION

Sheet 1 of 1

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

DESCRIPTION OF SERVICE
This rate schedule is available to customers eligible for service under Schedules CB-6 or CB-7 who, but for the provisions of this rate schedule, would cease operations in the City of Santa Clara, and would not engage in any substantially similar operation in the State of California for a period of at least five years. Customer must submit a signed affidavit attesting to this effect. The cumulative maximum billing demand for all SVP customers that may be served under this rate schedule at any one time is 20,000 kW.

RATES:

Customers’ bills under Schedule CB-6 or CB-7, prior to Public Benefit Charge and State Surcharge, will be reduced by up to 12% for a period of not more than five years. The effective percentage reduction and the term of such percentage reduction, will be as approved by the Chief Electric Utility Officer.

NOTES:

1. Marginal Cost to Serve:

In no event shall service under this rate schedule result in customer being served at less than SVP’s marginal cost of providing service to said customer.

2. Forfeiture of Discounts:

If a customer fails to comply with the terms of this rate schedule, SVP will seek repayment of the dollar amount of all discounts provided under this rate schedule.

3. First Come, First Served:

This rate schedule is available on a first come, first served basis on a monthly basis. However, preference will be given to customers with a long history of doing business in Santa Clara, to customers that help SVP maintain a diversified sales base, and to the number and type of jobs that may be preserved.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE D-1

DOMESTIC SERVICE

Sheet 1 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

DESCRIPTION OF SERVICE
This schedule is applicable to single phase residential service for single- family dwellings, condominium house meters, townhouse house meters, cooperative apartment house meters, flats and apartments separately metered by Silicon Valley Power. The Time of Use (TOU) Option is available to all customers. Customers who utilize the TOU option will be responsible for the installed cost of a TOU meter, as set forth in Note (B) below.

This schedule is not applicable for services to common areas of apartment houses.

RATES: Non-Time of Use Time of Use Option

METER CHARGE, per meter per month $ 4.25 $ 4.25

ENERGY CHARGE (to be added to the Customer Charge)
Non-Time of Use Time of Use Option
Peak Off-Peak
First 300 kWh, per kWh $0.12997 $0.14952 $0.11396 Excess Over 300 kWh, per kWh $0.14940 $0.16895 $0.13339

SURCHARGES

Public Benefits Charge and State Surcharge, as set forth in Note A, will be added to the above charges.

NOTES:

(A) SURCHARGES:

PUBLIC BENEFITS CHARGE: The Public Benefits Charge is a state required non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, renewable energy and low income assistance programs. The surcharge is equal to the sum of the Meter Charge and the Energy Charge times 0.0285.

The current State Surcharge Rate can be found on SVP’s website at:

http://www.siliconvalleypower.com/svp-and-community/rules-and-regulations

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE D-1

DOMESTIC SERVICE

Sheet 2 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

(B) TIME OF USE (TOU) OPTION:

Peak Period: Monday through Saturday, except holidays (New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day), beginning at 6:00 AM and ending at 10:00 PM.

Off-Peak Period: All other hours.

The TOU meter is used to measure kWh usage in the peak and off-peak periods. The ratio of peak kWh to total kWh will be used to determine the portion of the First 300 kWh that falls in the peak period. This ratio will also be used to determine the portion of kWh usage above 300 kWh that falls in the peak period.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE IC

IRRIGATION CONTROLLER SERVICE

Sheet 1 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

APPLICATION:

This schedule is applicable to non-metered service to irrigation controller or sprinkler controllers located either in public streets, highways, and places, or private areas.

RATES:

SERVICE CHARGE:

For each sprinkler or irrigation controller $ 8.63 per unit per month

MINIMUM CHARGE: $ 8.63 per month

SURCHARGES:

Public Benefits Charge and State Surcharge, as set forth in Note A, are included in the above charge.

NOTES:

(A) SURCHARGES:

PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a state required non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, renewable energy, and low income assistance programs. The surcharge is equal to 2.85% of the otherwise applicable rate.

STATE SURCHARGE: The state surcharge is required by California state law, and supports funding for the California Energy Commission. The surcharge is equal to estimated kWh per controller times the State Surcharge Rate. The current State Surcharge Rate can be found on SVP’s website at:

http://www.siliconvalleypower.com/svp-and-community/rules-and-regulations

(B) TYPE OF SERVICE:

Energy will be supplied at 120 volts, single phase, two wire service. Where only other voltages are available, applicant shall pay, in advance, Silicon Valley Power's cost to convert from the available voltage to 120 volts.

Delivery will be made from Silicon Valley Power's existing electric lines at a point mutually agreed upon, without extension thereof to customer's system.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE IC

IRRIGATION CONTROLLER SERVICE

Sheet 2 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

(D) SERVICE CONNECTION:

Silicon Valley Power will provide overhead or underground service in accordance with the current Rules and Regulations for Electric Service. However, applicant shall pay to Silicon Valley Power, in advance, the amount, if any, by which Silicon Valley Power's costs to provide underground service exceeds its cost to provide an overhead service.

(E) MAINTENANCE:

Maintenance will be performed by the customer.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE NM

NET ENERGY METERING SERVICE

Sheet 1 of 3

With 2023 Excess Energy Rate

Date Effective: July 2023
Bill Cycle 734, Series 100
Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100
Resolution No. 22-9172

APPLICABILITY:

This Net Energy Metering rate schedule is applicable to all customers served by Silicon Valley Power (SVP), who own and operate a solar or a wind turbine electrical generating facility, or a hybrid system of both. Such facility shall be located on the customer's premises, shall operate in parallel with SVP's transmission and distribution facilities, shall not exceed 1000 kilowatts, and shall only be used primarily to offset part or all of the customer's own electrical requirements. Availability of this schedule to such "customer -generators" will be on a first-come first-served basis, until the total rated generating capacity operated by eligible customer -generators equals 5.0 percent of SVP's annual peak distribution demand.

RATES:

All rates charged under this schedule shall be the same as the rates charged under the eligible customer generator's otherwise applicable rate schedule (OAS). An eligible customer -generator served under this schedule shall be responsible for all charges under the otherwise applicable rate schedule, except that energy usage will be metered and billed on a net basis. An annual bill will be rendered, as required by Section 2827 of the California Public Utilities Code. A monthly statement of accumulated charges and credits shall be provided.

Monthly statements shall be subject to SVP’s payment provisions pursuant to Municipal Service Rule and Regulation No. 6, except that customers whose OAS is a demand metered SVP Rate Schedule shall be subject to monthly payment of bills, and be subject to annual true-up as necessary. If the energy generated exceeds the energy consumed during the annual billing cycle, at the customer-generator’s option, payment shall be made for such excess energy delivered to SVP's distribution facilities as set forth below, or applied as a credit to the next annual billing cycle.

LOAD AGGREGATION OPTION:

An eligible customer -generator with multiple meters may elect to aggregate the electrical load of the meters located on the property where the renewable electrical generation facility is located and on all properties adjacent or contiguous to the property on which the renewable electrical generation facility is located, if those properties are solely owned, leased, or rented by the eligible customer-generator.

If an eligible customer -generator chooses to aggregate the electrical load of such meters, (i) the eligible customer-generator shall be permanently ineligible to receive net surplus electricity compensation, and SVP shall retain any kilowatt-hours in excess of the eligible customer -generator’s aggregated electrical load generated during the 12-month period; (ii) the electricity generated by the renewable electrical generation facility shall be allocated to each of the meters in proportion to the electrical load served by those meters for each billing period.

This proportionate allocation shall be calculated based on customer-generator’s load data averaged over an indicative 12-month period (estimated if necessary) and should be effective for a minimum of 12 months.

METERING:

Net energy metering is the use of a single meter to measure the flow of electricity in two directions. If the existing electrical meter of an eligible customer -generator is not capable of measuring the flow of electricity in two directions the customer-generator shall be responsible for all expenses involved in purchasing and installing a meter that is able to measure electricity flow in two directions. Any additional meter or meters to monitor the flow of electricity in each direction may be installed with the consent of the customer -generator, at SVP expense.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE NM

NET ENERGY METERING SERVICE

Sheet 2 of 3

With 2023 Excess Energy Rate

Date Effective: July 2023
Bill Cycle 734, Series 100
Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100
Resolution No. 22-9172

SVP meter(s) to monitor the output of c ustomer-generator’s generating facilities are required if customer- generator elects the Load Aggregation Option. Such meters shall be provided by SVP and paid for by the customer-generator.

INTERCONNECTION:

Prior to interconnection, the customer-generator shall execute an interconnection agreement with SVP and shall comply with SVP's Rules and Regulations regarding parallel generation, except that service under a standby rate schedule shall not be required. The customer -generator must also meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the California Public Utilities Commission regarding safety and reliability.

PAYMENT RATE FOR EXCESS ENERGY:

The Payment Rate for Excess Energy shall be revised during each calendar year, and shall consist of the sum of an avoided energy cost charge and an avoided renewable energy value charge. The avoided energy cost is equal to 8000 Btu/kWh times SVP’s avoided cost of gas in $/MM Btu. The avoided cost of gas shall be the average of the 12 monthly values for PG&E Citygate taken from Natural Gas Intelligence, adjusted to include transportation to Santa Clara, ending in October of the year prior to the effective date of the Payment Rate for Excess Energy. The avoided renewable energy value charge shall be equal to the average value of renewable energy credits used for SVP’s Green Power Program in the 12 months ending In October of the year prior to the effective date of the Payment Rate for Excess Energy.

Payment Rate for Excess Energy effective January 2023: $ 0.07958 per kWh

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE NM

NET ENERGY METERING SERVICE

Sheet 3 of 3

With 2023 Excess Energy Rate

Date Effective: July 2023
Bill Cycle 734, Series 100
Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100
Resolution No. 22-9172

Exhibit A

Rate Schedule NM
Derivation of Payment Rate for Excess Energy

1. Avoided energy cost charge:

Average of the monthly values for PG&E Citygate from Natural Gas Intelligence for the 12 months ending October 2022: $7.668 per MMBtu

Average cost of transportation from PG&E Citygate to Santa Clara Donald Von Raesfeld Power Plant for the 12 months ending October 2022: $0.405 per MMBtu

Total average delivered cost of gas: $8.072 per MMBtu

Avoided energy cost = $8.072 per MMBtu x 8000 Btu/kWh = $0.06458/kWh

2. Avoided renewable energy value charge:

Average value of renewable energy credits used for SVP’s Green Power Programs for the 12 months ending October 2022: $0.015 per kWh

3. Payment Rate for Excess Energy beginning January 2023:

$/kWh
Avoided energy cost charge $ 0.06458
Avoided renewable energy value charge $ 0.01500
Total $0.07958

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE PA-E

ELECTRIC SERVICE TO

COMMUNICATIONS ATTACHMENTS

TO SVP POLES

Sheet 1 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

APPLICABILITY:

This schedule is applicable to unmetered service to telecommunications equipment mounted on SVP-owned poles. Electric usage at each electric connection will be determined as set forth in Note (F) below.

RATES:

CUSTOMER CHARGE:

For each electric connection, per month $ 4.60

ENERGY CHARGE (in addition to the Customer Charge):

First 800 kWh, per kWh $

0.22161
Excess over 800 kW, per kWh $ 0.20118

SURCHARGES:

Public Benefits Charge and State Surcharge, as set forth in Note A, will be added to the above charges.

NOTES:

(A) SURCHARGES:

PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a state required non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, renewable energy, and low income assistance programs. The surcharge is equal to 2.85% of the otherwise applicable rate.

http://www.siliconvalleypower.com/svp-and-community/rules-and-regulations

(B) TYPE OF SERVICE:

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE PA-E

ELECTRIC SERVICE TO

COMMUNICATIONS ATTACHMENTS

TO SVP POLES

Sheet 2 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

Delivery will be made from Silicon Valley Power's existing electric lines at a point mutually agreed upon, without extension thereof to customer's system.

(D) SERVICE CONNECTION:

(E) MAINTENANCE:

Maintenance will be performed by the customer.

(F) DETERMINATION OF ELECTIC USAGE:

The amount of electric usage subject to the Energy Charge shall be determined as the product of the rated capacity, expressed in kilowatts, of Customer’s communications equipment served at each connection point times 730. Customer shall be responsible for notifying SVP at least 60 days prior to making any equipment change that would increase or decrease the rated capacity of Customer’s equipment, in order that SVP may make commensurate, timely change to Customer’s billing determinants.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE SB-1

STANDBY GENERAL SERVICE

DEMAND METERED

Sheet 1 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

DESCRIPTION OF SERVICE
This schedule is applicable to standby service for customer’s on-site self-generation operated in parallel with service from SVP under any of SVP’s applicable demand-metered rate schedules, where such self-generation is not eligible for service under Schedule NEM . This Schedule does not apply to customer ’s on-site renewable electrical generation facility where Schedule NEM is applicable. The Capacity Reservation Charges under this Schedule SB-1 are supplemental to the demand charges under the applicable demand-metered rate schedule, and are intended to result in SVP recovering its costs to provide standby services for the on-site generation capacity.

RATES:

CUSTOMER CHARGE:

The Customer Charge is equal to the applicable Customer Charge set forth in Customer’s otherwise applicable rate schedule.

CAPACITY RESERVATION CHARGE (CRC):

The Capacity Reservation Charge is equal to the applicable Demand Charge per kW set forth in customer’s otherwise applicable Rate Schedule multiplied by the lower of 45% of the nameplate rating of customer’s on-site generation or the Reservation Capacity determined pursuant to Note D.

SURCHARGES:

Public Benefits Charge, as set forth in Note B, will be added to the above charges.

NOTES:

(A) FLUCTUATIONS IN CUSTOMER’S SELF-GENERATION OUTPUT:

Customer shall coordinate with SVP’s System Dispatcher for changes of 2000 kW or more in the output of customer’s self-generation. If operationally necessary and practical, the System Dispatcher may require customer to schedule the return to service of customer’s self-generation. Such coordination shall not relieve Customers from Capacity Reservation Charges determined above.

(B) PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a state required non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, renewable energy, and low income assistance programs. The surcharge is equal to the sum of the Meter Charge and Capacity Reservation Charge, times 0.0285.

Any customer may operate its generating plant in parallel with SVP’s system if the customer’s plant is constructed and operated in accordance with SVP Rule. However, a customer who operates its plant in parallel must assume responsibility for protecting SVP and other parties from damage resulting from

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE SB-1

STANDBY GENERAL SERVICE

DEMAND METERED

Sheet 2 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

negligent operation of the customer’s facilities. Customers may be required to meet requirements imposed by other governing entities having jurisdiction over SVP’s transmission lines including the California Independent System Operator (CA ISO) and the Western Electricity Coordinating Council (WECC). Customer generation under this rate schedule shall be metered by SVP. Customer shall provide a meter location that accommodates SVP’s meter and such meter shall be fully accessible by SVP.

(D) RESERVATION CAPACITY:

The Reservation Capacity to be used for billing under the above rates shall be determined as set forth below:

The Reservation Capacity shall be as initially determined by SVP, except that during the first 12-month period following the date of initial determination, SVP may review the specified Reservation Capacity on a monthly basis and make adjustments as warranted (consistent with the criteria specified below).

Thereafter, SVP may perform an annual review of the most recent 12 months of actual customer operation and make prospective adjustments to the Reservation Capacity as warranted and consistent with customer’s historic operations. Any such adjusted Reservation Capacity shall be effective for a minimum of 12 months unless a documented material change of operation is provided to SVP by the customer. The customer may provide SVP with documentation of such material changes in operations as might call for an adjusted Reservation Capacity at any time. Upon receipt and review of such documentation, SVP shall revise the Reservation Capacity at its sole discretion and such a revision will be effective for the billing period immediately following receipt, acceptance and approval of the documentation and any additional information required by SVP to make such a determination. For purposes of subsequent annual reviews and any resulting adjustment to the Reservation Capacity, the following criteria shall apply:

a. For those customers who operate sufficient non-utility generating capacity so as to ordinarily satisfy all of the electric energy requirements at their site and so do not ordinarily require any service through facilities owned by SVP, the Reservation Capacity shall not exceed the customer’s highest peak demand established during the most recent 12 months of actual customer operation;

b. For customers with electric loads that exceed the output capability of their non-utility generation, and thus require the regular provision of supplemental power service through facilities owned by SVP, the Reservation Capacity determination shall consider the number and size of the customer’s non-utility generating unit(s), the outage diversity of the non-utility generating units serving the customer’s load, and any reduction of customer load commensurate with non-utility generator capacity outages.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE SL-1

STREET AND HIGHWAY LIGHTING

Sheet 1 of 4

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

APPLICATION:

This schedule is applicable for service to street and highway lighting systems which illuminate publicly- dedicated streets and highways by means of incandescent filament, mercury vapor, or high pressure sodium vapor lamps. This schedule is applicable only to those instances where the customer owns the lighting fixtures, street light supporting structure and interconnecting circuits.

CLASSES OF SERVICES OFFERED:

Class A. Silicon Valley Power provides energy and switching* only.

Class B. Silicon Valley Power provides energy, switching* and maintenance service for lamps and glass.

Class C. Silicon Valley Power provides energy, switching* and maintenance service for complete lighting system.

BURNING SCHEDULE:

All night (unless otherwise specified).

RATES (Per Lamp)
Half-hour
Incandescent Adjustment
Lamps kWh\lamp Class A Class B Class C (All Classes)

4,000 lumens 94 $24.48 $26.74 $28.07 $0.587 6,000 lumens 130 $34.56 $36.72 $38.33 $0.812

Mercury Vapor Lamps
Initial
Watts l umens
175 7,500 61 $18.57 $19.73 $21.55 $0.417 250 11,000 88 $25.65 $27.10 $28.98 $0.567 400 21,500 140 $39.06 $40.38 $42.20 $0.869 700 37,000 245 $64.90 $67.61 $69.51 $1.518 1,000 57,000 350 $91.81 $94.19 $96.00 $2.121

________________
* Switching Service is closed to new installations.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE SL-1

STREET AND HIGHWAY LIGHTING

Sheet 2 of 4

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

High Pressure Sodium Vapor Lamps Half-hour Initial Adjustment
Watts l umens kWh\lamp Class A Class B Class C (All Classes) 100 8,500 35 $9.77 $12.13 $13.92 $0.266 150 16,000 53 $18.24 $21.01 $22.42 $0.405 250 30,000 88 $28.33 $34.36 $36.16 $0.625 400 50,000 140 $40.92 $45.05 $46.92 $0.932

SURCHARGES:

The above rates include an adjustment for a Public Benefits Charge and State Surcharge as defined in Note A.

NOTES:

(A) SURCH ARGES:

PUBLI
C BENEFITS CHARGE:

The Public Benefits Charge is a state required non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, renewable energy, and low income assistance programs. The surcharge is equal to 2.85% of the otherwise applicable rate.

STATE SURCHARGE:

The state surcharge is required by California state law, and supports funding for the California Energy Commission. The surcharge is equal to kWh billed times the State Surcharge Rate. The current State Surcharge Rate can be found on SVP’s website at:

http://ww
w.siliconvalleypower.com/svp-and-community/rules-and-regulations

This rate schedule is applicable to multiple street lighting systems. Multiple current will be supplied at nominal voltage level of 120/240 volts or 120/208 volts at the discretion of Silicon Valley Power, three-wire, single phase.

(D) ANNUAL
OPERATING SCHEDULES:

The above rates for All -Night service assume 11 hours operation per night and apply to lamps which will be turned on and off once each night in accordance with a regular operating schedule agreeable to the customer but not exceeding 4,100 hours per year.

(E) O
PERATING SCHEDULES OTHER THAN ALL -NIGHT:

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE SL-1

STREET AND HIGHWAY LIGHTING

Sheet 3 of 4

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

Rates for regular operating schedules other than full all -night will be the All -Night rate plus or minus, respectively, the half-hour adjustment for each half-hour more or less than an average of 11 hours per night. This adjustment will apply only to lamps on regular operating schedules of not less than 1,095 hours per year, or 3 hours per night, nor more than 4,500 hours per year.

(F) O VERHEAD DELIVERY POINT:

Delivery will be made from Silicon Valley Power's existing overhead lines without extension to the customer's system or at a point mutually agreed upon, not to exceed 150 feet except in special situations at Silicon Valley Power's convenience. Silicon Valley Power will provide at its expense an overhead service drop to a customer-owned inter-connected group of lamps having a connected load of not less than 2 kW. For a customer-owned inter-connected group of lamps having a connected load of less than 2 kW or individual customer electroliers with a self- contained photo cell switch, Silicon Valley Power will c onnect the customer's overhead service wire to Silicon Valley Power's overhead lines at the customer's expense.

(G) UNDERG
ROUND SERVICE:

Silicon Valley Power will provide underground service connection to a mutually agreed upon point from its overhead or underground system to one electrolier of each group of interconnected electroliers provided that the lighting system has been arranged for the least number of practical service points, there is at least 3 kW of connected load, and there are at least ten electroliers in the group. This service connection shall not exceed 25 feet from the base of the Silicon Valley Power pole in an overhead line or 40 feet of an underground line. In the event distances exceed 25 feet from a pole in an overhead system or 40 feet in an underground system, customer shall pay to Silicon Valley Power the actual expense of extending the underground feeder circuitry to the point of connection to Silicon Valley Power's overhead or underground system. In the event the customer requests service to a system of less than 10 electroliers, or less than 3 kW of connected load, customer shall install and own the extension from his system to Silicon Valley Power's distribution system and shall pay Silicon Valley Power the actual costs of connection to the system.

(H) MAINTENANCE:

Class B and C rates include all labor and material necessary for the cleaning or replacement of lamps and glassware, but is limited to glassware such as is commonly used and manufactured in reasonably large quantities. Charges will be made for lamps or glassware requir ing replacement more than two (2) times in one year. Under Class C rates Silicon Valley Power will also isolate any trouble in customer's system which has resulted in outages or diminished light output. Silicon Valley Power will make necessary repairs without replacement on accessible wiring between poles and on equipment and wiring in and on poles to keep the system in operating condition. Silicon Valley Power will provide labor for the replacement of material such

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE SL-1

STREET AND HIGHWAY LIGHTING

Sheet 4 of 4

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

as ballast’s, photo- electric controls, relays, fixtures, individual poles, individual cable runs between poles where such runs are in conduit, and other individual parts of the system. The customer shall compensate Silicon Valley Power for any materials furnished. The Class C rate does not provide for any major excavation or any major replacement at Silicon Valley Power’s expense of circuits, conduits, poles or fixtures owned by the customer.

This schedule does not provide for maintenance to low pressure sodium vapor or metal halide lamps; however, at the request of the customer, Silicon Valley Power will perform any of the routine maintenance described above on a time and material cost basis provided Silicon Valley Power's regular standard maintenance equipment and procedures can be used.

(I) L
AMPS OTHER THAN STANDARDS:

Lamps other than the standard types and wattages referred to above may be used in Class A service only and will be billed at an average rate per watt per month of $ 0.11. LED street lighting falls in this category.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE SL-2

PRIVATE OUTDOOR AREA

LIGHTING SERVICE

Sheet 1 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

APPLICATION
This schedule is applicable to private all night outdoor area lighting service which illuminates privately -owned lands and property supplied from an overhead source. This schedule is applicable only to those instances where Silicon Valley Power installs, owns and maintains all facilities required to service in accordance with the Municipal Code of the City of Santa Clara and the Rules and Regulations for Electric Service. Service to lamps hereunder shall be continuous and temporary disconnection shall not be made.

BURNING SCHEDULE:

Each lamp shall be turned on and off once each night from dusk to dawn in accordance with a regular burning schedule, not to exceed forty-one hundred (4,100) hours per year.

RATES:

Rate per Lamp
Per Month
250 Watt mercury-vapor floodlight or
150 Watt high pressure sodium vapor floodlight $39.45

This rate schedule is applicable to alternating current service at a frequency of approximately 60 cycles, 120 or 240 volts, single phase. The 250 Watt mercury-vapor floodlamp type luminaire shall be mounted from a bracket attached or supported to Silicon Valley Power-owned wood poles and actuated by a photo- electric cell.

SURCHARGES:

Public Benefits Charge and State Surcharge, as defined below in Note A, is included in the above charge.

Public Benefits Charge $ 1.12 per Lamp
State Surcharge $0.02
Total $ 1.14

NOTES:

(A) SURCHARGES:

PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a state required non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, renewable energy, and low income assistance programs. The surcharge is equal to 2.85% of the otherwise applicable rate.

STATE SURCHARGE:

The state surcharge is required by California state law, and supports funding for the California Energy Commission. The surcharge is equal to estimated kWh per lamp times the State Surcharge Rate. The

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE SL-2

PRIVATE OUTDOOR AREA

LIGHTING SERVICE

Sheet 2 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

current State Surcharge Rate can be found on SVP’s website at:

http://www.siliconvalleypower.com/svp-and-community/rules-and-regulations

(B) BILLING:

Presentation of billing shall coincide with that of the customer’s primary premise account, where such account exists at the same location and no bill will be rendered for the first partial month of service. If the customer does not have a primary premise account, a monthly bill shall be prepared and presented in accordance with the rate and terms of this schedule.

No credit will be given for non-burni ng lamp time resulting from a fixture failure of any cause which is repaired by Silicon Valley Power in a reasonable period of time. No billing shall be apportioned among two or more customers or tenants. At the customer’s option, charges may be paid in advance.

When service is requested by a tenant under this schedule, Silicon Valley Power may require the property owner(s) to enter into a contract with Silicon Valley Power concerning placement of special lighting facilities before service is established.

(D) NOTIFICATION AND REMOVAL:

The latest effective Schedule SL-2 is applicable until canceled on thirty (30) days prior written notice by the customer, or by Silicon Valley Power, at which time the light will be removed.

(E) INSTALLATION - MATERIALS AND MAINTENANCE:

Silicon Valley Power will not install floodlight luminaries for private use at the rate established in this schedule on anything but Silicon Valley Power’s wood poles, supporting lines and guys existing on easement for Silicon Valley Power facilities.

Silicon Valley Power will not install any material for private use other than the floodlight, mastarm or bracket, and necessary wire, moulding and other materials necessary to connect energy to the floodlight from the secondary line. Said installation shall not exceed an extension of ten (10) feet, including the mastarm or bracket from the pole measured at right angles to the secondary line.

Upon receipt of notice from a customer of the failure of a lamp to operate as scheduled, Silicon Valley Power will, within a reasonable period of time, make the necessary repairs during normal working hours.

It shall be the responsibility of the customer to notify Silicon Valley Power of any malfunctions.

(F) EXTEN
DING SECONDARY:

Silicon Valley Power shall extend its secondary lines one span to supply energy not to exceed 150 feet to the mercury-vapor floodlight at the basic rate in this schedule at no extra cost to the customer.

Additional extensions of secondary facilities shall be limited to three spans, but not to exceed six hundred

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE SL-2

PRIVATE OUTDOOR AREA

LIGHTING SERVICE

Sheet 3 of 3

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

(600) feet total. The cost of the material, labor and equipment for such extension shall be computed and added to the billing for the first month.

(G) RELOCATION:

Silicon Valley Power shall, upon customer’s written request, relocate its lighting facilities, provided that the customer reimburses Silicon Valley Power for all costs incurred by Silicon Valley Power to complete such relocation.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE TC

TRAFFIC CONTROL SERVICE

Sheet 1 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

APPLICATION:

This schedule is applicable to non-metered service for traffic directional sign or signal lighting systems owned by governmental agencies and located on outdoor publicly owned street, highways and places.

RATES:

SERVICE CHARGE:

For each Standard Service Connection: $ 25.90 per 2 or 3-signal head per month $25.90 per pedestrian signal unit per month
Minimum Charge: $ 25.90 per month

For each Red LED Service Connection: $1 8.91 per 2 or 3-signal head per month $ 18.91 per pedestrian signal unit per month
Minimum Charge: $ 18.91 per month

For each Red and Green LED Service Connection: $13.72 per 2 or 3-signal head per month $ 13.72 per pedestrian signal unit per month
Minimum Charge: $ 13.72 per month

SURCHARGES:

Public Benefits Charge and State Surcharge, as defined below in Note A, are included in the above charges.

Standard Red LED Red + Green LED
Public Benefits Charge $0.71 $0.45 $0.40
State Surcharge $0.01 $0.01 $0.00
Total $0.72 $0.46 $0.40

NOTES:

(A) SURCHARGES:

PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, and low income assistance programs. The surcharge is equal to 2.85% of the otherwise applicable rate.

STATE SURCHARGE: The state surcharge is required by California state law, and supports funding for the California Energy Commission. The amount included is equal to estimated kWh per signal head times the State Surcharge Rate. The current State Surcharge Rate can be found on SVP’s website at:

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE TC

TRAFFIC CONTROL SERVICE

Sheet 2 of 2

Date Effective: July 2023
Bill Cycle 734, Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

http://www.siliconvalleypower.com/svp-and-community/rules-and-regulations

(B) TYPE OF SERVICE:

Energy will be supplied at 120/240 volt single phase service (120/208 volts star in certain local ities) unless the customer pays the additional initial cost of a 277/480 volt supply. However, service at 277/480 volts from underground systems will be made available only for new services at the option of Silicon Valley Power when this type of service is practical from Silicon Valley Power’s engineering standpoint.

Delivery will be made from Silicon Valley Power's existing electric lines at a point mutually agreed upon, without extension thereof to customer's system.

(D) SERVICE CONNECTION:

Silicon Valley Power will provide, at its expense, an overhead service drop to the customer -owned system; however, where the customer requests and underground service the customer will install and own the extension from his system to the Silicon Valley Power's nearest junction box or to the base of the pole where service is readily available and will pay the amount, if any, by which the cost of connecting to the Silicon Valley Power's distribution system exceeds the cost of an overhead service drop.

(E) METERING:

Each point of delivery will be billed separately.

(F) SWITCHING AND MAINTENANCE:

Switching and maintenance will be performed by the customer.

CITY OF SANTA CLARA

SILICON VALLEY POWER

RATE SCHEDULE TS-1

NON-METERED TRANSIT SHELTER

ADVERTISEMENT LIGHTING

Sheet 1 of 1

Date Effective: July 2023
Bill Cycle 734 Series 100

Resolution No.

Supersedes Rate Effective: January 2023
Bill Cycle 728, Series 100

Resolution No. 22-9172

DESCRIPTION OF SERVICE:

This rate schedule is applicable to non-metered service provided for transit shelter advertisement lighting on public streets, highways, other public places, and private areas. Under this schedule, each transit shelter with a lighted advertisement feature shall contain no more than a single six-foot, four-lamp high-output fluorescent lighting fixture, or equivalent fixture with a wattage rating of not more than 385 watts, and shall be photosensor controlled so as to provide illumination from dusk to dawn.

RATES:

For each Transit Shelter $ 40.72 per fixture per month Advertisement Lighting Fixture

SURCHARGES:

Public Benefits Charge and State Surcharge, as set forth below in Note A, is included in the above charge.

Public Benefits Charge $ 1.14
State Surcharge $0.02
Total $ 1.16

NOTES:

(A) SURCHARGES:

PUBLIC BENEFITS CHARGE:

The Public Benefits Charge is a non-bypassable surcharge imposed on all sales of electricity and electrical services. It is used to fund public goods research, development, and demonstration, as well as, energy efficiency activities, renewable energy, and low income assistance programs. The amount included is equal to 2.85% of the otherwise applicable rate.

STATE SURCHARGE: The state surcharge is required by California state law, and supports funding for the California Energy Commission. The surcharge is equal to estimated kWh per shelter times the State Surcharge Rate. The current State Surcharge Rate can be found on SVP’s website at:

http://www.siliconvalleypower.com/svp-and-community/rules-and-regulations

(B) POINT OF DELIVERY:

Delivery will be made from Silicon Valley Power’s existing electric lines at a point mutually agreed upon, without extension thereof to customer’s system.

Maintenance will be performed by the customer.

RTC 23-479, May 23, 2023
Natural Gas Prices – Winter Comparison

Northern California Natural Gas Prices for Last Two Winters 60 50
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- Nov2022-Mar2023 - Nov 2021-Mar2022
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-680 Agenda Date: 5/23/2023

REPORT TO COUNCIL AND BOARD

SUBJECT
Report on Status of Obtaining FIFA World Cup 2026 Documents at Levi’s Stadium and Potential Action on Terms for an Information Sharing Agreement and Guiding Principles for FIFA World Cup 2026 Events

COUNCIL ANB BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium

EXECUTIVE SUMMARY
On April 4, 2023, the City Council (Council) considered a Written Petition submitted by Mayor Gillmor requesting an item be placed on a future Council agenda to subpoena and compel the production of a full and complete set of FIFA World Cup 2026 Levi’s Stadium, Santa Clara documents from Forty Niners Stadium Management Company (Stadium Manager), the Bay Area Host Committee (BAHC), or other San Francisco Forty Niners entity as appropriate.

This report responds to the Council’s April 4, 2023 direction to return with a report at the May 23, 2023 Council meeting following staff’s April 19
th meeting with the Stadium Manager, BAHC and FIFA,
with a status update and recommended approach to obtain all documents and information necessary for the City of Santa Clara (City) and Santa Clara Stadium Authority (Stadium Authority) to evaluate and respond to all proposed FIFA World Cup 2026 event local requirements and opportunities. Staff’s recommended actions for the Council/Stadium Authority Board (Board) at this meeting include approval of (1) terms for an Information Sharing and Event Cooperation Agreement among all involved parties, and (2) Guiding Principles for FIFA World Cup 2026 Events, as a foundation for City/Stadium Authority negotiations for terms of its support. Staff will provide an update on Super Bowl 60 at Levi’s Stadium if approved by the National Football League (NFL) and the related challenges and opportunities associated with hosting that event at a later date.

BACKGROUND
The FIFA World Cup (World Cup) is an international football competition between the men’s national teams of the Fédération Internationale de Football Association (FIFA), the sport's global governing body. The term “football” is used in this report to refer to the sport of “soccer”. In the United States, “football” is commonly used to the games played at Levi’s Stadium by the San Francisco Forty Niners, under the guidelines of the National Football League.

The World Cup is the most prestigious association soccer tournament in the world, as well as the most widely viewed and followed single sporting event in the world and is held every four years. The World Cup 2026 will be the first time the tournament features 48 teams, instead of 32, and three host countries.

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In April 2017, Canada, Mexico, and the United States announced a bid to host the World Cup 2026 jointly. A “United 2026 Bid” was submitted by the three nations, with Canada and Mexico hosting 10 games each and the United States hosting 60 games. In June 2018, Canada, Mexico, and the United States were selected to jointly host the World Cup 2026.

The City of Santa Clara has expressed its support for hosting World Cup 2026 on multiple occasions.

On August 31, 2017, the City affirmed its support of World Cup 2026 and related events in a letter signed by Mayor Gillmor (Attachment 1). On February 22, 2022, the City Council adopted a Resolution Supporting the City of Santa Clara in Its Efforts to be Selected as a Host City for the World Cup 2026 (Attachment 2).

On June 16, 2022, FIFA announced the 16 regions that will host matches at the World Cup 2026 across Canada (2 locations), Mexico (3 locations), and the United States (11 locations). The World Cup 2026 Host Cities are:
· Atlanta (Mercedes-Benz Stadium)
· Boston (Gillette Stadium)
· Dallas (AT&T Stadium)
· Guadalajara, Mexico (Estadio Akron)
· Houston (NRG Stadium)
· Kansas City (Arrowhead Stadium)
· Los Angeles (SoFi Stadium)
· Mexico City, Mexico (Estadio Azteca)
· Miami (Hard Rock Stadium)
· Monterrey, Mexico (Estadio BBVA)
· New York / New Jersey (MetLife Stadium)
· Philadelphia (Lincoln Financial Field)
· San Francisco Bay Area (Levi’s Stadium)
· Seattle (Lumen Field)
· Toronto, Canada (BMO Field)
· Vancouver, Canada (BC Place)
“Host Regions/Cities” are responsible for providing a stadium for games, additional facilities for team training and base camps, and a location for Fan events. They are typically obligated to provide services at their own expense, which is likely to include security services for competition locations and other locations (e.g., training sites, team base camps, hotels, etc.), and costs associated with providing and securing a Fan Fest location. A Host City’s duties can be administered by a government agency director or, as is often the case, local associations are formed for such purpose.

Specific to the San Francisco Bay Area, it is not envisioned that any one government agency will serve as the official “Host City”. Instead, the BAHC, a non-profit organization, will serve as the official Host City and will partner with local jurisdictions to procure services for FIFA events. This means that the City and the Santa Clara Stadium Authority will work closely with BAHC to outline City and Stadium Authority costs to ensure that the Santa Clara General Fund does not bear any costs for FIFA events.

The World Cup 2026 is scheduled to take place from June 8 through July 3, 2026. At the time of writing the report, FIFA has not announced the World Cup 2026 match schedule. As such, the City of Santa Clara Printed on 5/19/2023Page 2 of 10
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number of matches and when they will occur in Santa Clara is unknown. This information is expected to be announced in late summer or early fall 2023. However, it has been confirmed that World Cup 2026 will see 104 games played, an increase from the original 80, as 12 groups of four teams in each will be the format.

It should be noted that the relationship between Host Cities and their respective venues can vary and are unique in nature. For example, in Los Angeles World Cup 2026 matches will occur at SoFi Stadium, which is a privately-owned stadium located in Inglewood, CA and the Los Angeles Sports & Entertainment Commission (a non-government agency will serve as the official “Host City” and has assumed the related responsibilities). From initial staff research it appears that all eleven 2026 World Cup locations in the United States have an arrangement with a separate private, non-government agency organization to serve or support in the role of the official “Host City”. Conversely, it appears that in cities outside of the United States, the government entity has signed on to be the official “Host City”. As noted above, for the San Francisco Bay Area, the BAHC (a non-profit organization) is designated “Host City” and will partner with local governments across the region as they plan and execute World Cup 2026 events including all games, which will be played at Levi’s Stadium in Santa Clara.

Stadium Authority Governance
Measure J, passed by Santa Clara voters in 2010, prohibits the expenditure of City funds to cover Stadium-related operational and maintenance expenses (as outlined under the Santa Clara City Code Section 17.20.20(j)).

The Stadium Authority exists as a public body, separate and distinct from the City and was established to provide for the development and operation of Levi's Stadium. The Stadium Authority is structured so that the City is not liable for the debts or obligations of the Stadium Authority.

The Stadium Lease between Stadium Authority and Forty Niners SC Stadium Company, LLC (StadCo) provides that StadCo has overall financial responsibility for NFL Events and the Stadium Authority has overall financial responsibility for Non-NFL events.

The Management Agreement between Stadium Authority, StadCo and Stadium Manager, provides that the Stadium Manager manages and operates Levi’s Stadium on behalf of the Stadium Authority and is responsible for marketing, booking and executing Non-NFL events such as concerts, Non-NFL sporting events, and non-ticketed special events.

The City is responsible for the planning and provision of public safety resources at Levi’s Stadium for both NFL games and Non-NFL events to ensure overall public safety at the Stadium and in the surrounding area. In its planning and implementation efforts, staff also works with the Stadium Manager to minimize impacts of the Stadium within the neighboring residential and business community.

At present, World Cup 2026 at Levi’s Stadium is a Stadium Authority “Non-NFL event”, under the existing governance structure, which means that the Stadium Authority is financially responsible for costs associated with the overall execution of the event at the Stadium. The BAHC is the signator (as the designated “Host City”) under the terms of the “Host City Agreement”. Among other things, the Host City Agreement requires BAHC (not the City or the Stadium Authority) to be responsible for the planning and cost of logistical items such as transportation planning; team logistics (hotel, practice City of Santa Clara Printed on 5/19/2023Page 3 of 10
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facilities, etc.); and collateral events such as Fan Fest or other events. Obligations include coordination of all involved government agencies providing public safety support to the event. This creates a complex structure whereby Santa Clara’s Stadium Authority is financially responsible for World Cup 2026 events at Levi’s Stadium because they are “Non-NFL events” under the terms of our existing agreements with StadCo and the Stadium Manager. However, the BAHC is the signator to the FIFA Host City Agreement and has assumed the responsibilities assigned to host cities, which includes planning and pay costs associated with World Cup 2026 games.

Similar to what occurred during the 2019 College Football Playoff National Championship, staff and legal counsel for the City/Stadium Authority have been working to understand the full range of requirements for World Cup 2026 events and negotiate an agreement that will clearly allocate the responsibilities among all parties and ensure, at a minimum, that the City is reimbursed for all costs it incurs in planning and supporting any and all World Cup 2026 events at Levi’s Stadium and other locations within Santa Clara. For the 2019 College Football Playoff National Championship, structure of the relationship with the Stadium Authority and cost reimbursement process was outlined in an Assignment and Assumption Agreement.

In September and October 2021, the Stadium Authority sent letters to the Stadium Manager requesting for more information related to potential and/or known obligations and commitments for the Stadium Authority and City associated to Levi’s Stadium being a host venue for planning purposes. In December 2022, the City Manager and Interim City Attorney at the time requested copies of the World Cup 2026 documents from the Stadium Manager and received a copy of the Stadium Agreement for World Cup 2026 (described in more detail under the World Cup 2026 Documents section below) in late January 2023. In late February 2023, the Interim City Attorney requested to schedule a call between staff and the Stadium Manager to review additional aspects related to the Stadium Agreement. The April 19
th meeting with the Stadium Manager, BAHC, and
FIFA was scheduled in response to the February 2023 request.

It is important to note that leadership in the City Manager and City Attorney offices was in transition over the last year. City Attorney Glen Googins started in March 2023 and City Manager Jōvan Grogan started in May 2023.

Bay Area Host Committee
The BAHC is a 501(c)(6) non-profit corporation that was created to bring major, world-class events to the Bay Area that drive economic vitality, community-wide engagement, civic pride and global recognition. The BAHC Board of Directors is comprised of business leaders and all the major professional sports organizations in the Bay Area.

The City and Stadium Authority have worked with BAHC to plan and implement Super Bowl 50 (2016) and the College Football Playoff National Championship Game (2019) at Levi’s Stadium. In each case, Council-approved Agreements were executed between Stadium Authority, City and BAHC which contractually removed the mega-events from its normal status of “Stadium Authority Non-NFL event” and instead assigned all obligations to execute the events, any collateral events and all financial obligations to the BAHC.

BAHC has provided a letter of their commitment to a collaborative partnership with the City (Attachment 3). The letter expresses BAHC’s intent for their relationship with the City, as well as their understanding of the considerations they will need to make as it relates to Santa Clara and its City of Santa Clara Printed on 5/19/2023Page 4 of 10
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residents.

Mayor Gillmor’s Written Petition
On March 24, 2023, the City Clerk’s Office received a Written Petition from Mayor Gillmor requesting an item be placed on a future Council agenda to subpoena and compel the production of a full and complete set of FIFA World Cup 2026 Levi’s Stadium, Santa Clara documents from San Francisco 49er Management Company, Bay Area Host Committee or other 49er entity as appropriate (Attachment 4). The Written Petition was placed on the April 4, 2023, agenda for Council consideration.

On April 4, 2023, the Council directed staff to return with a report at the May 23, 2023 Council meeting after its April 19
th meeting with World Cup 2026 event proponents, including status and options to obtain documents needed for the World Cup 2026 event and potential Super Bowl 60. This report responds to the Council’s April 4, 2023 direction.

DISCUSSION
Since the April 4th Council meeting, staff has met with Stadium Manager, BAHC, and FIFA representatives on several occasions to discuss the status and availability of World Cup 2026 documents for the City/Stadium Authority’s review.

On April 19, 2023, staff met with Stadium Manager, BAHC, and FIFA representatives to discuss the City/Stadium Authority’s request for World Cup 2026 agreements and to better understand the confidentiality issues related to documents. From the initial meeting, a legal working group was developed with representatives from City/Stadium Authority, Stadium Manager, and BAHC to address the City/Stadium Authority’s ability to review all documents associated with World Cup 2026 to determine any City/Stadium Authority obligation within them; the City/Stadium Authority’s legal rights to obtain/possess to certain documents; and the potential confidentiality issues associated with all documents.

World Cup 2026 Documents
In general, there is consensus among all parties (City/Stadium Authority, FIFA, BAHC, and Stadium Manager) that the City/Stadium Authority is entitled - and will receive access - to all agreements and implementing documents that have impact on City/Stadium Authority revenues, costs and responsibilities related to World Cup 2026 events and activities to be held at the Stadium or elsewhere in Santa Clara.

There is also consensus among City staff members that some of these documents may contain proprietary or other privileged information (e.g., certain financial information or venue security details) that need to be kept confidential and not shared publicly. The parties also acknowledge that “public records” in the City’s possession are subject to disclosure requirements under the California Public Records Act (PRA).

In order to balance and address these interests, the parties have been working on terms for a formal Information Sharing and Event Cooperation Agreement between the City/Stadium Authority, Stadium Manager, FIFA and the BAHC. At a minimum, the proposed Agreement is expected to include the following terms:

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· Timing/process for obtaining information necessary for City/Stadium Authority to evaluate whether to pursue an event model similar to the 2019 College Football Playoff National Championship Game and by entering into an Assignment and Assumption Agreement (or similar agreement) for hosting the event with the BAHC, or to continue having the World Cup 2026 follow the existing Stadium Authority “Non-NFL Event” model. · Timing/process for obtaining information necessary for Santa Clara Police Department to develop an assessment of risk and the planning requirements needed to secure the necessary public health and safety resources. This would be dependent on how many games and which games are proposed for Levi’s Stadium.
· Levels of access and confidentiality for various types of information, including consideration of City’s legal requirements and responsibilities under the California PRA (consistent with the framework described below).

Through the legal working group meetings with the Stadium Manager and Bay Area Host Committee, the following framework has been proposed to categorize the World Cup 2026 documents into three classifications/groupings:
· Category One: Documents to be provided to the City/Stadium Authority with unlimited distribution, including availability to the public.

Generally, this would include any “event related” agreement where City or Stadium Authority is a party, or that Forty Niners Stadium Management Company may have executed as the Stadium Manager on behalf of the Stadium Authority. Consistent with the California PRA, redaction of proprietary or other privileged information could be allowed (e.g., certain financial information or venue security details).

Sample documents in this category include:
o United FIFA 2026 Bid
o The City/Stadium Authority is in possession of the United 2026 Bid document which has been shared publicly through prior agenda report(s) and PRA requests and accessible through ’FIFAs website
<https://digitalhub.fifa.com/m/3c077448dcd5c0ab/original/w3yjeu7dadt5erw26wmu- (On file in the Clerk’s Office for review).
o Stadium Agreement
o The City/Stadium Authority is in possession of a Stadium Agreement executed between the Stadium Manager and United States Soccer Federation. The agreement outlines the use and operation of Levi’s Stadium for the World Cup 2026 events and obligations of the Stadium Manager. The Stadium Agreement also sets forth FIFA’s requirements for Stadium physical improvements and operations for the event and includes terms for payment by FIFA of rental fees, and FIFA’s retention of all related commercial and sponsorship rights to the event. Physical improvement and operational requirements are subject to change by FIFA in its sole discretion.
o At the time of writing this report, the Stadium Agreement is being reviewed with all parties through the legal working group for potential redaction of proprietary information.
§ An executed Addendum to the Stadium Agreement and Host City Agreement may also fall into this category. The Addendum is not in the City of Santa Clara Printed on 5/19/2023Page 6 of 10
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City/Stadium Authority’s possession, however, City/Stadium Authority staff expect to receive access to the document after an Information Sharing and Event Cooperation Agreement is signed by all parties. · Category Two: Documents to be available for review by City/Stadium Authority, if not possession, but with limited distribution/access.

Generally, this would include any “event related” agreement with theoretical/potential impacts on City/Stadium Authority responsibilities, revenues, or costs, but to which City/Stadium Authority or Stadium Manager are not parties.

Sample documents in this category include:

1. Host City Agreement
o The final executed version of this agreement is not in the City/Stadium Authority’s possession, however, City/Stadium Authority staff expect to receive access to the document after an Information Sharing and Event Cooperation Agreement is signed by all parties.
· Category Three: Documents to be identified but not necessarily available for review or distribution.

Generally, these are agreements to which City/Stadium Authority/Stadium Manager are not parties and that don’t bear directly on City/Stadium Authority responsibilities, revenues, or costs.

Sample documents in this category include:
o Airport Agreements, Hotel Agreements, Training Site Agreements, etc. § Staff will work with BAHC to prepare a comprehensive list of these documents for the purpose of understanding the different components of the tournament and its local and regional impacts. Access is not guaranteed but may be possible after a meet and confer process with BAHC, FIFA, Stadium Management and/or other involved parties.

Staff is recommending that the City Manager/Executive Director and City Attorney/Stadium Authority Counsel be directed to negotiate and execute an Information Sharing and Event Cooperation Agreement on substantially the proposed terms as outlined in this report. Once finalized, this should allow for City/Stadium Authority immediate access to existing Category One and Category Two Documents, and structured approach for timely access to any and all future documents.

City and Stadium Authority Resources and Costs
After review of documents that more fully describe the responsibilities and obligations of hosting the World Cup matches and the responsibilities of a Host City, staff will be able to make an assessment of the potential revenues, costs and other benefits/impacts for the Stadium Authority and City. This staff assessment will include review of elements of risk to Stadium Authority/City, the planning requirements needed to secure the necessary public health and safety resources, identification of potential use of City facilities (such as Santa Clara Convention Center), and other areas of Stadium Authority/City interest. An important assumption in the staff assessment will be FIFA’s assignment of the number of matches and the round of match play.

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City Council/Stadium Authority Board Guiding Principles for FIFA World Cup 2026 Events As the City/Stadium Authority continues to engage with the BAHC for the World Cup 2026, it is recommended that the Council/Board adopt guiding principles for City and Stadium Authority participation. Draft Guiding Principles for FIFA World Cup 2026 Events are listed below and also attached for the Council/Board’s consideration (Attachment 5).

DRAFT Santa Clara City Council/Stadium Authority Board
Guiding Principles for FIFA World Cup 2026 Events
As the governing body for the City of Santa Clara and the Santa Clara Stadium Authority, the City Council/Stadium Authority Board desires to establish the following Guiding Principles for FIFA World Cup 2026 events held in Santa Clara.

1. Professionally oversee FIFA World Cup 2026 events in a manner that positively highlights the City of Santa Clara and celebrates the rich diversity of the Santa Clara’s neighborhoods.

2. Obtain reimbursement of City of Santa Clara event costs, (including pre-planning and post- event expenses).

3. Ensure direct benefits to the Santa Clara community and Santa Clara businesses.

4. Plan and provide for communication and engagement with residential neighborhoods adjacent to Levi’s Stadium and other venues that will be utilized for large events.

5. Ensure specific benefits to and involvement of Santa Clara youth and adult soccer programs.

6. Seek revenue generating utilization of the Santa Clara Convention Center and other event and recreation spaces (including college and school facilities) in the City of Santa Clara without any impact to the General Fund.

7. Seek mitigation of City and Stadium Authority financial risks and liabilities.

8. Engage in transparent communication on pre-planning efforts, with periodic progress reports to the City Council, including reports published on the City’s website to promote engagement and awareness for residential neighborhoods adjacent to the Stadium and the City as a whole.

The aforementioned principles shall be used by all City/Stadium Authority staff and representatives, as they work with FIFA, the Bay Area Host Committee, Stadium Management, and other parties to negotiate the terms and conditions for events held at Levi’s Stadium and other venues in the City.

The principles are not listed in any order of priority - each is critically important to the success and viability of the proposed FIFA World Cup 2026 events to be held in the City of Santa Clara.

Next Steps
Pending the Council/Board’s direction, the City Manager/Executive Director and City Attorney/Stadium Authority Counsel will negotiate and execute an Information Sharing and Event Cooperation Agreement. Upon finalizing this agreement, and any required document sharing logistics, staff expects immediate access and copies of existing Category One and Category Two Documents, and structured approach for timely access to any and all future documents. Staff will review such documents for their potential impacts to the City/Stadium Authority and also work with the BAHC to prepare a comprehensive list of Category Three Documents.

Staff will continue to meet with all involved parties on a regular basis to stay informed on the various phases of the World Cup event planning and operations, which will help staff better assess the City of Santa Clara Printed on 5/19/2023Page 8 of 10
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potential revenues, costs and other benefits/impacts for the City/Stadium Authority associated with the events, and to ensure the City/Stadium Authority’s participation aligns with the Council/Board’s Guiding Principles for FIFA World Cup 2026 Events, should they be adopted. Staff plans to provide an update to the Council/Board in Fall 2023 on these efforts after FIFA’s anticipated late summer/early fall announcement regarding what matches will be played in each Host City.

FISCAL IMPACT
There is no fiscal impact associated with action on this item other than costs for administrative time.

COORDINATION
This report was coordinated between the Office of the City Manager/Executive Director and Office of the City Attorney/Stadium Authority Counsel.

RECOMMENDATION

1. Adopt the Santa Clara City Council Guiding Principles for World Cup 2026; and

2. Direct the City Manager/Executive Director and City Attorney/Stadium Authority Counsel to negotiate and execute an Information Sharing and Event Cooperation Agreement with Bay Area Host Committee, United States Soccer Federation, Federation Internationale de Football Association, and Forty Niners Stadium Management Company LLC to facilitate the sharing of information on substantially the terms presented, in a final form approved by the City Attorney.

ALTERNATIVES

1. Direct staff as appropriate to pursue alternative approach to obtain World Cup 2026 documents where City or Stadium Authority is a party, that Forty Niners Stadium Management Company may have executed as the Stadium Manager on behalf of the Stadium Authority, or that may have theoretical/potential impacts on City/Stadium Authority responsibilities, revenues, or costs, but to which City/Stadium Authority or Stadium Manager are not parties.

Reviewed by: Offices of the City Manager/Executive Director and City Attorney/Stadium Authority Counsel
Approved by: Jōvan D. Grogan, City Manager/Executive Director Glen R. Googins, City Attorney/Stadium Authority Counsel City of Santa Clara Printed on 5/19/2023Page 9 of 10
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ATTACHMENTS

1. August 31, 2017 FIFA Interest Letter Signed by Mayor Lisa Gillmor

2. Resolution No. 22-9057

3. BAHC Letter of Commitment

4. Mayor Gillmor’s Written Petition

5. Draft City Council/Stadium Authority Board Guiding Principles for FIFA World Cup 2026 Events City of Santa Clara Printed on 5/19/2023Page 10 of 10
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City of
Santa Clara
The Center of What 's Possible
August 31, 2017
John l<ristick
Executive Director
2026 United Bid Committee
420 5th Avenue, J1h Floor
New York, NY 10018
Dear Mr. l<ristick,
Mayor
Lisa M. Gillmor
Council Members
Dominic J. Caserta
Debi Davis
Patrick Kolstad
Patricia M. Mahan
Teresa O'Neill
Kat hy Watanabe
The City of Santa Clara would like to declare its strong interest in being a host city for the 2026 World Cup. In the event that North America is selected by FIFA to continue in the selection process, I am pleased to confirm that the City of Santa Clara/Levi's Stadium will submit a proposal to host one or more matches of the 2026 World Cup.

There is no better place than this new stadium and surrounding South Bay venues to host soccer. Home to luxury hotels, world-class training facilities, and year-round sunshine, the U.S. Men's National Team held its training camp for the 2014 FIFA World Cup in this very region. International soccer powers Manchester United, FC Barcelona, Liverpool FC and AC Milan have all trained here in our region over the last couple of years.

Santa Clara's Levi's Stadium near California's Great America theme park and the Santa Clara Convention Center provides easy access to public transportation, highways, and the San Jose, Oakland and San Francisco International Airports. We are a world-class city with a high-tech venue that is ready for the opportunity to host this premier event . We unequivocally support this bid and look forward to welcoming you to our beautiful city.

On behalf of the City, thank you for giving us the opportunity to participate in this exciting process. We wish the United Bid Committee the best of luck and look forward to submitting our proposal. isa Gillmor
Mayor
City of Santa Clara
M ayor and Coun cil Offices • 1500 Warburton Aven ue • Santa Clara, CA 95050 • Phone ( 408) 615-2250 • Fax ( 408) 241-6771 • www.santaclar aca.gov RESOLUTION NO. 22-9057

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

SUPPORTING THE CITY OF SANTA CLARA IN ITS EFFORTS TO
BE SELECTED AS A HOST CITY FOR THE 2026 FIFA WORLD
CUP
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, The Federation Internationale de Football Association (FIFA) World Cup is a quadrennial multi-city festival where culture, diversity, and sport are expressed by thousands of fans, athletes, and community legacy and sustainability initiatives; it is the premier global soccer event watched by over 3.2 billion fans worldwide;
WHEREAS, the United Bid Committee representing North America is competing with the country of Morocco for the right to host the 2026 FIFA World Cup; WHEREAS, on August 31, 2017, Mayor Lisa M. Gillmor signed a letter to the United Bid Committee confirming that the City of Santa Clara/Levi's Stadium will submit a proposal to host one or more matches of the 2026 FIFA World Cup;
WHEREAS, there is no better place than Levi's Stadium and surrounding South Bay venues to host soccer; the City of Santa Clara is home to luxury hotels, world-class training facilities, and year-round sunshine; the U.S. Men's National Team held its training camp for the 2014 FIFA World Cup in this very region; International soccer powers Manchester United, FC Barcelona, Liverpool FC and AC Milan have all trained here in our region over the last several years; WHEREAS, Santa Clara's Levi's Stadium is near California's Great America theme park and the Santa Clara Convention Center and provides easy access to public transportation, highways, and the San Jose, Oakland and San Francisco International Airports; the City of Santa Clara is a world-class city with a high-tech venue ready for the opportunity to host this premier event; and,
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Resolution/2026 FIFA World Cup
Rev: 11 /22/17

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City Council and Authorities ConcurrentMay 23, 2023

City Council and Authorities Concurrent
May 23, 2023