City Council and Authorities Concurrent
August 29, 2023

Typical equipment noise levels and equipment usage factors are published in the federal Roadway Construction Noise Model, User's Guide (FHWA, 2006). For a collected group of equipment at the construction site, the maximum intermittent noise levels would typically range from 84 to 90 dBA at 50 feet. These would be the highest levels expected, and these could occur during installation of foundations or the below grade excavation. At 50 feet, continuous noise levels could range up to about 83 dBA. Because sound fades over distance, these levels would diminish over additional distance and could be reduced further by intervening structures. At 100 feet from the equipment, continuous noise levels could range up to 77 dBA and at 200 feet, up to 71 dBA.

Construction would also cause noise away from work areas, primarily from commuting workers and from trucks needed to bring materials to the site. Haul trucks would make trips to bring materials to the construction site and remove excavated soil and waste. The noise levels associated with passing trucks and commuting worker vehicles would be approximately 71 to 76 dBA at 50 feet, and vehicular noise would be concentrated at the Raymond Street entrance to the substation.

Construction noise would affect the locations closest to the Project site and work areas and along the routes used by haul trucks and other construction traffic. The surrounding land uses would experience a temporary increase in noise above the conditions that exist without the Project. However, the intermittent and variable nature of construction noise limits the potential for adverse effects such as annoyance to be experienced by off-site receptors, and sleep interference would not be a concern because activities would occur during daylight hours and there are no residences within 0.5 miles. Incremental noise from construction vehicles and traffic noise would not represent a substantial increase in the context of the Project’s surrounding land uses and the existing noise levels.

Ameresco would take routine precautions to avoid creating unnecessary noise. Construction traffic and material delivery would not need to be routed near residential areas, due to the distance of the site from the nearest sensitive receptors. The construction noise levels would be compatible with the setting of existing land uses and ambient noise levels and would pose no conflict with City of Santa Clara policies regarding compatibility of land uses with noise levels. Project construction noise during daytime hours would be exempt from the standards established in City Noise Ordinance. The construction noise impact under this criterion would be less than significant.

LESS THAN SIGNIFICANT – OPERATION AND MAINTENANCE. Upon completing construction, the occasional nature of maintenance noise due to implementation of the proposed Project would not result noise levels in excess of standards established in the local general plan or noise ordinance. The proposed Project would construct and operate a BESS facility and 60 kV interconnection line. There are no existing noise sources KIFER RECEIVING STATION BESS PROJECT 5.13. NOISE
JULY 2023 5.13-5 FINAL MND/INITIAL STUDY
onsite. Components of the Project that could create noise include HVAC units and power transformers.

Additionally, a ten-foot high CMU wall is proposed around part of the Project, which is consistent with the City’s General Plan policies for noise generating land uses (Policy 5.10.6‐P4 and Policy 5.10.6‐P5). The Project would be over 0.5 milesfrom the nearest residential community and sensitive receptor. Therefore, this impact would be less than significant.
b. Would the project result in generation of excessive groundborne vibration or groundborne noise levels generation of excessive groundborne vibration or groundborne noise levels? LESS THAN SIGNIFICANT. Groundborne vibration levels from construction equipment and activities might be perceptible to receptors in the immediate vicinity of the work area. The activity that would be most likely to cause groundborne vibration would be the passing of heavy trucks on uneven surfaces. The impact from construction‐related groundborne vibration would be short‐term and confined to only the immediate area around activities (within about 25 feet). There are no residents within 25 feet of the Project. No homes would be exposed to excessive vibration, and the impact during construction would be less than significant.

Equipment associated with operation and maintenance of the proposed Project would not produce any groundborne noise or vibration; therefore, operation and maintenance of the Project would result in no impact under this criterion.
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? NO IMPACT. The proposed Project would be located approximately 0.5 miles west of the San Jose International Airport and 5.26 miles southeast of Moffett Field. The Project site is within the 65 dB CNEL airport noise contour for the San Jose Airport (City of Santa Clara, 2014; General Plan Figure 5.10-5). However, the proposed Project would be unstaffed, and the Project would not expose people to noise from the airports. The Project would be within 2 miles of the San Jose International Airport and is within the Airport Influence Area, as defined in the Airport Land Use Plan (County of Santa Clara 2016). The airport land use plan states that all areas within the Airport Influence Area are susceptible to aircraft overflights, but this is primarily relevant to residential land uses. However, since the Project would be unmanned and is not within or near residential land uses, the Project would not expose people to excessive noise from aircraft, and there would be no impact.

KIFER RECEIVING STATION BESS PROJECT 5.14. POPULATION AND HOUSING JULY 2023 5.14-1 FINAL MND/INITIAL STUDY

5.14. Population and Housing

POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
b. Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
Significance criteria established by CEQA Guidelines, Appendix G.

5.14.1. Setting
The Project site is surrounded by a mix of commercial and industrial land uses. Overall, this area of the City of Santa Clara is substantially built out and land use density has increased over time. Substantial increases in population can be achieved only by development of higher density housing, either on vacant land or through redevelopment of existing land uses. The City is planning on increasing the density of land uses along selected major thoroughfares in the City. Table 5.14-1 provides existing conditions for the County of Santa Clara and the City of Santa Clara.

Table 5.14-1. Year 2020 Existing Conditions – Population, Housing, and Employment: City of Santa Clara and County of Santa Clara
Housing Units Employment
Location Population Total Units Vacancy Rate Total Employed* Unemployment Rate City of Santa Clara 130,172 52,000 6.9% 74,000 2.1%
County Santa Clara 1,894,781 696,489 5.0% 1,055,200 2.4% *Accounts for population greater than 16 years of age and in Labor Force.

Source: CA DOF, 2022; CA EDD, 2022

5.14.1.1. Regulatory Background
This section includes a description of the population and housing regulatory framework. There are no federal or state regulations, plans, and standards for population and housing that apply to the proposed Project.

City of Santa Clara General Plan. The purpose of the City’s housing policies is to plan for an adequate variety of safe, appropriate, and well-built housing for all residents of Santa Clara (City of Santa Clara, 2014b). The following policy from the City of Santa Clara General Plan and the Housing Element of the General Plan, respectively, generally relate to the proposed Project (City of Santa Clara, 2014a and 2014b):
 Policy 5.3.1‐P5. Implement a range of development densities and intensities within General Plan land use classification requirements to provide diversity, use land efficiently and meet population and employment growth.
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KIFER RECEIVING STATION BESS PROJECT 5.14. POPULATION AND HOUSING JULY 2023 5.14-2 FINAL MND/INITIAL STUDY

5.14.2. Environmental Impacts and Mitigation Measures
a. Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
LESS THAN SIGNIFICANT. The proposed Project is in an urban area that is substantially developed. There would be no direct population growth induced by the Project, as it would not provide new housing and would not require an expansion of the SVP or Ameresco workforce to service and maintain the BESS facility.

Ameresco is expected to provide staffing for the Project. During the 16-month construction period, the proposed Project would provide short-term jobs for a small workforce. Construction needs are not anticipated to result in workers relocating to the area. The proposed Project would generate neither a permanent increase in population levels nor a decrease in available housing.

The construction and operation of the BESS facility would facilitate future planned growth by ensuring reliable electricity to the area served by SVP and would result in an indirect effect of facilitating the development of the surrounding area of the City of Santa Clara. Greater electrical reliability would provide developmental and employment opportunities to the regional workforce. While the further development or redevelopment in the City of Santa Clara may induce some population growth, this has already been accounted for through the City’s General Plan. Therefore, there would be a less than significant effect as a result of the proposed Project.
b. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
NO IMPACT. The proposed Project would be within an existing SVP property and would not displace any housing or people and, therefore, would not necessitate the construction of replacement housing.

Construction of the BESS facility would occur over approximately 16 months and would not require the relocation of workers to the region. Therefore, no impacts would occur.

KIFER RECEIVING STATION BESS PROJECT 5.15. PUBLIC SERVICES JULY 2023 5.15-1 FINAL MND/INITIAL STUDY

5.15. Public Services

PUBLIC SERVICES
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Fire protection?
b. Police protection?
c. Schools?
d. Parks?
e. Other public facilities?
Significance criteria established by CEQA Guidelines, Appendix G.

5.15.1. Setting
For the area where the proposed Project would be located, public services, including fire and police services, as well as public and private schools, parks and recreational areas, and other public services, are provided by the City of Santa Clara, special districts, and private entities.

5.15.1.1. Fire Protection
The Santa Clara Fire Department (SCFD) serves the City of Santa Clara and provides fire protection to the Project site and the surrounding area (City of Santa Clara, 2014). There are 10 fire stations throughout the City, with 179.5 paid personnel and 65 reserve employees. Each fire station has at least one 3‐person engine or ladder-truck company (City of Santa Clara, 2014). The nearest fire station to the site is Fire Station 2, located 0.6 miles southwest of the Project site, at 1900 Walsh Ave. The current SCFD response time standard is a three-minute average for all areas of the City (City of Santa Clara, 2014).

5.15.1.2. Police Protection
The Santa Clara Police Department (SCPD) serves the City of Santa Clara and provides police protection to the Project site (City of Santa Clara, 2014). SCPD headquarters is located at 601 El Camino Real and is about 1.8 miles southeast of the Project site. SCPD has 232 full-time employees, including 153 sworn officers and 79 civilians (City of Santa Clara, 2022), divided into 4 divisions (City of Santa Clara, 2019). The average response time after dispatch is 2 minutes and 59 seconds (City of Santa Clara, 2022).

5.15.1.3. Schools
The Santa Clara Unified School District operates public schools within the City of Santa Clara (City of Santa Clara, 2014). There are numerous private and parochial schools in the City as well. There are no schools within a 0.25-mile radius of the Project site. Educational institutions in the general vicinity of the substation site and the distance from the substation to the school are:
 Montague Elementary School, 750 Laurie Ave, 0.9 miles northeast  Scott Lane Elementary School, 1925 Scott Boulevard, 1.3 miles south  Don Callejon Middle School, 4176 Lick Mill Boulevard, 1.5 miles northeast □ □ ~ □
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KIFER RECEIVING STATION BESS PROJECT 5.15. PUBLIC SERVICES JULY 2023 5.15-2 FINAL MND/INITIAL STUDY

5.15.1.4. Parks
There are 40 parks and pools in the City of Santa Clara (City of Santa Clara, 2023). The parks nearest the Project are:
 Montague Park, 3595 MacGregor Lane, 0.8 miles northeast  Montague Swim Center, 3750 De La Cruz Boulevard, 1 mile northeast  San Tomas Aquino/San Tomas Creek Trail, 0.9 miles west

5.15.1.5. Hospitals
The following hospitals are closest to the substation site:
 O’Connor Hospital, 2105 Forest Avenue, San Jose, 3.4 miles south  Valley Health Center Sunnyvale, 660 S Fair Oaks Avenue, Sunnyvale, 4 miles west  Kaiser Permanente Santa Clara Medical Center, 700 Lawrence Expressway, 3.8 miles southwest

5.15.1.6. Regulatory Background
This section includes a description of the public services regulatory framework. There are no federal regulations associated with public services that are relevant to the proposed Project.

State
2010 Strategic Fire Plan for California. The 2010 Strategic Fire Plan for California was developed in coordination with the State Board of Forestry and Fire Protection and CAL FIRE to reduce and prevent the impacts of fire in California. Goal 6 of the Plan sets objectives to determine the level of suppression resources (staffing and equipment) needed to protect private and public resources. Specific objectives include, but are not limited to, maintaining an initial attack policy which prioritizes life, property, and natural resources; determining suppression resources allocation criteria; analyzing appropriate staffing levels and equipment needs in relation to the current and future conditions; increasing the number of CAL FIRE crews for fighting wildfires and other emergency response activities; maintaining cooperative agreements with local, state, and federal partners; and implementing new technologies to improve firefighter safety, where available (State Board of Forestry and Fire Protection). The standards outlined are applicable to the SCFD serving the City of Santa Clara.

Local
City of Santa Clara General Plan. The purpose of the City’s public services policies is to maintain the safety and security that is essential and integral to the quality of life in the City’s community. The following policy in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
 Policy 5.9.3‐P1. Encourage design techniques that promote public and property safety in new development and public spaces.

5.15.2. Environmental Impacts and Mitigation Measures
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
a. Fire protection?
LESS THAN SIGNIFICANT. The proposed Project would not require fire protection services during construction or operation and maintenance unless there were an emergency. The Project site would be served by the KIFER RECEIVING STATION BESS PROJECT 5.15. PUBLIC SERVICES JULY 2023 5.15-3 FINAL MND/INITIAL STUDY
Santa Clara Fire Department (SCFD), which maintains a three-minute response time for all areas of the City. The BESS would be equipped with a dry agent fire suppression system, the design of which follow applicable standards and would be specific to the battery technology chosen, including, but not limited to, National Fire Protection Association 855 (standard for the Installation of Stationary Energy Storage Systems) and Section 1206 of the California Fire Code. The construction and operation of the proposed Project would not result in a need for additional fire protection facilities or affect response times or other service performance. The result would be a less than significant impact. b. Police Protection?
LESS THAN SIGNIFICANT. The proposed Project would not require police services during construction or operation and maintenance beyond routine patrols and response. As with fire services, discussed in Item (a) above, the construction and operation of the proposed Project would not result in a need for additional police facilities or affect response times or other service performance. The majority of constructionrelated activities would be located away from major emergency access routes and not be expected to significantly interfere with emergency response times. The result would be a less than significant impact. c. Schools?
LESS THAN SIGNIFICANT. The proposed Project would not be expected to result in an increase in population within the area. Construction of the Project would occur over approximately 16 months and would not require the relocation of workers’ families to the City of Santa Clara. An increase in families or in schoolage children would not be expected as a result of the temporary construction activities and any workers who might temporarily migrate to the area. After construction, Ameresco’s existing operations and maintenance division would assign two team members who would assume inspection, patrol, and maintenance duties as needed. There would be no additional workers as a result of this Project. Therefore, the Project would not increase the population in a way that would cause the need for expanded schools. The result would be a less than significant impact.
d. Parks?
NO IMPACT. The proposed Project would not increase the region’s population. Construction of the Project would take place over 16 months and would require only a small construction workforce on any given day. While it is possible that workers traveling to the area may use existing public services or amenities such as parks, the potential increase in use and demand would be minimal and temporary and would not contribute substantially to the physical deterioration of existing facilities. Consequently, the Project would not increase any long-term demands on existing parks in the Project area, and no new or expanded park facilities would be required because of the proposed Project. e. Other Public Facilities?
NO IMPACT. The proposed Project would not increase population and would not affect other governmental services or public facilities that would lead to the requirement of new or expanded facilities to be developed. Therefore, no impact on other public facilities is expected.

KIFER RECEIVING STATION BESS PROJECT 5.16. RECREATION
JULY 2023 5.16-1 FINAL MND/INITIAL STUDY

5.16. Recreation

RECREATION
Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Significance criteria established by CEQA Guidelines, Appendix G.

5.16.1. Setting
There are 40 parks and pools in the City of Santa Clara (City of Santa Clara, 2023). Three parks are located within approximately one mile of the Project:
 Montague Park, 3595 MacGregor Lane, 0.8 miles northeast  Montague Swim Center, 3750 De La Cruz Boulevard, 1 mile northeast  San Tomas Aquino/San Tomas Creek Trail, 0.9 miles west The closest residents live approximately 0.5 miles from the Project. In general, each 1‐square mile of residential area in the City of Santa Clara contains a neighborhood or community park located close to the center to ensure that almost all residents live within a 10-minute walk of a park (City of Santa Clara, 2014).

According to Figure 5.7-4 in the General Plan, the Project area is not in a location that is within walking distance to any existing or planned future parks, recreation, or open space locations (City of Santa Clara General Plan).

5.16.1.1. Regulatory Background
This section includes a description of the recreation regulatory framework. There are no federal or State regulations associated with recreation that are relevant to the proposed Project.

Local
City of Santa Clara General Plan. The objective of the City’s public facilities and services policies is to maintain a high quality of life and livability in the City. The following policies in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
 Policy 5.3.5‐P3. Encourage industrial development to participate in the identification and funding of 25 acres for park and recreational facilities to serve employment centers north of the Caltrain railroad tracks.
 Policy 5.9.1‐P16. Encourage non‐residential development to contribute toward new park facilities to serve the needs of their employees.
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KIFER RECEIVING STATION BESS PROJECT 5.16. RECREATION
JULY 2023 5.16-2 FINAL MND/INITIAL STUDY

5.16.2. Environmental Impacts and Mitigation Measures
a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? NO IMPACT. The proposed Project does not include development of new residential or commercial developments that would increase population and increase the demand for parks. The Project would remove an existing unused building, and use the site for a BESS within an SVP property. Construction would take place over 16 months and would require only a small workforce on any given day. While some workers may use nearby park facilities during Project construction, increased use would be minimal and temporary and would not contribute substantially to the physical deterioration of existing facilities. Therefore, there would be no impact.
b. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? NO IMPACT. The proposed Project does not include recreational facilities, nor does it require the construction of new or expanded parks or recreational facilities that could create an adverse physical effect on the environment. There would be no impact.

KIFER RECEIVING STATION BESS PROJECT 5.17. TRANSPORTATION JULY 2023 5.17-1 FINAL MND/INITIAL STUDY

5.17. Transportation

TRANSPORTATION
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
b. Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
d. Result in inadequate emergency access?
Significance criteria established by CEQA Guidelines, Appendix G.

5.17.1. Setting
The proposed Project would use local roadways for accessing the site during construction. Baseline conditions of regional and local roadways likely used to access the proposed Project area and work locations and those temporarily affected by proposed Project construction activities are discussed below.

5.17.1.1. Highways
Highway U.S. 101 provides regional access to the Project vicinity (City of Santa Clara, 2014):
 U.S. Highway (U.S.) 101, specifically the section of U.S. 101 known as Bayshore Freeway, is an 8-lane (4 lanes per direction) divided south-north highway that travels the length of the West Coast. U.S. 101 is located 0.15 miles north of the Project site. The Trimble Road/De La Cruz Boulevard exit or the San Tomas Expressway/Montague Expressway exit would likely be used to access the Project area. At the Trimble Road/De La Cruz Boulevard exit, the year 2020 average daily traffic (ADT) volumes on U.S. 101 were 160,000 vehicles per day. At the San Tomas Expressway/Montague Expressway exit the year 2020 average daily traffic (ADT) volumes on U.S. 101 were 169,000 vehicles per day (Caltrans, 2020). Year 2020 ADT volumes represent the most recently published data.

5.17.1.2. Local Roads
The Project is directly accessed from Raymond Street, a two-lane local surface road with a 25-mph speed limit. Raymond Street turns into Space Park Drive as the street turns from north/south to east/west. Space Park Drive is also a two-lane street with a 25-mph speed limit. Space Park Drive continues to the west and connects to Scott Boulevard. The north end of Raymond Street intersects with Duane Avenue, a two-lane street with a 35-mph speed limit, which interconnects with Lafayette Street to the east.

Access Routes
Table 5.17-1 provides information on some primarily local travel routes that would likely be used by project-related vehicles to access the Project site. Details on access routes that would also be disrupted by Project construction are discussed below under “Roadways Disrupted by Project Construction” and are not repeated in Table 5.17-1. While the average daily traffic data provided in Table 5.17-1 are from 2011, it remains the most currently available ADT volume data for these roadways. □ □ □
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KIFER RECEIVING STATION BESS PROJECT 5.17. TRANSPORTATION JULY 2023 5.17-2 FINAL MND/INITIAL STUDY
Table 5.17-1. Existing Local Roadway Conditions
Street Lanes ADT Volume
U.S. 101 – De La Cruz to Montague Expressway 8 240,100
De La Cruz Boulevard between U.S. 101-Central Expressway (highway exit to access project)
6 55,990
Central Expressway between Scott Boulevard and Lafayette Street 8 47,550 Lafayette Street between U.S. 101-Central Expressway 6 18,190 San Tomas Expressway between U.S. 101-Scott Boulevard 10 66,510 Scott Boulevard between San Tomas Expressway-Central
Expressway
2 16,160
Source: City of Santa Clara, 2011.

Local travel routes used to access the Project include Expressways and Minor and Major Arterial Streets.

The San Tomas, Montague, and Central Expressways could be used to access the Project vicinity.

Expressways are typically designed to serve regional traffic with speeds of 45 miles per hour and limited access. These facilities are under the jurisdiction of Santa Clara County and include transit service and stops. Wide shoulders or parallel routes are generally provided.

The Major and Minor Arterial Streets that would be used to access the Project include Scott Boulevard and Lafayette Street. These primarily serve through traffic not served by expressways or freeways, and typically include transit vehicles. These streets have travel speeds between 35 and 45 miles per hour.

Transit service is also emphasized, particularly on major arterials.

Roadways Disrupted by Project Construction
Construction of the proposed Project could result in a temporary disruption to local roadways during delivery of large equipment or materials. The main roads that may require temporary lane closures and/or escort vehicles include San Tomas Expressway, Scott Boulevard, De La Cruz Boulevard, and Central Expressway, a combination of which could be used to access the smaller local roads, Duane Avenue, Space Park Drive, and Raymond Street, which are used to access the Project area.

5.17.1.3. Mass Transit
Bus. Existing public transit service within the City is primarily provided by Santa Clara Valley Transportation Authority (VTA) and consists of bus, light rail transit, and paratransit services. VTA bus route number 59 is located near the Project, with two bus stops within approximately one-half miles (VTA, 2023, 2021).  Route 59 travels on Scott Boulevard, east of the Project site. The following two bus stops are near the Project and could be affected:
• North of the intersection of Scott Boulevard and Space Park Drive. • South of the intersection of Scott Boulevard and Central Expressway.

Passenger Rail. Existing commuter rail lines include Caltrain, operated by the Peninsula Joint Powers Board (JPB), and Altamont Commuter Express (ACE), operated by the San Joaquin Regional Rail Commission.

Both stop at the Santa Clara Transit Station located approximately 1.86 miles southeast of the Projectsite.

The Capitol Corridor commuter rail line, operated by the Capitol Corridor Joint Powers Authority (CCJPA), stops at the Great America Station, approximately 2.25 miles north of the Projectsite, and provides transit services from Sacramento to San Jose.

KIFER RECEIVING STATION BESS PROJECT 5.17. TRANSPORTATION JULY 2023 5.17-3 FINAL MND/INITIAL STUDY

5.17.1.4. Rail (Freight)
A limited number of freight trains and regularly scheduled passenger service use the railroad track daily within the City. Outside peak commuter rail periods, the Union Pacific Railroad (UPRR) provides freight operations within the Caltrain right‐of‐way (ROW). The Caltrain ROW traverses through the middle and downtown areas of the City of Santa Clara. A portion of the Caltrain ROW passes approximately 0.25 miles east and approximately 1.2 miles south of the Project site. The rail network includes grade‐separated and at‐grade railroad crossings. (City of Santa Clara, 2014)

5.17.1.5. Bicycle
Existing bicycle facilities are part of City of Santa Clara Bicycle and Trail Network. Bicycle and Trail Network provides connections between residential neighborhoods, employment, recreation, education, and transit centers within the City (City of Santa Clara, 2014). Bikeways are typically classified as Class I, II, or III facilities. Bike paths or trails (also known as Class I bikeways) operate within a right-of-way that is separated from vehicular traffic. Bike lanes (also known as Class II bikeways) are located within roadways but are delineated by warning symbols and striping. Bike routes (also known as Class III bikeways) operate in the shoulder lane of roadways but are not delineated by striping.

One Class II intermediate bike lane is located along Scott Boulevard. Central Expressway is an undesignated, advanced rated street for bicycles (City of Santa Clara, 2013). Lafayette Street is identified as a “high caution” route for bicycles (VTA, 2020).

5.17.1.6. Air Transportation
The Norman Y. Mineta San Jose International Airport (Airport) is located to the east of, and adjacent to, the City of Santa Clara. The Airport is located approximately 0.5 miles east of the proposed Project site. A private heliport, McCandless heliport is located approximately 1.3 miles northwest of the proposed Project area.

5.17.1.7. Regulatory Background
State
California Vehicle Code (CVC). The CVC includes regulations pertaining to licensing, size, weight, and load of vehicles operated on highways; safe operation of vehicles; and the transportation of hazardous materials.

State CEQA Guidelines, Section 15064.3, Determining the Significance of Transportation Impacts. In response to Senate Bill 743 (Steinberg, 2013), this provision states that “vehicle miles traveled” (VMT) is the most appropriate measure of transportation impacts in the CEQA process. For transportation impacts under CEQA, VMT refers to the amount and distance of automobile travel attributable to a project. Other relevant considerations may include the effects of the Project on transit and non-motorized travel. Except for roadway capacity projects, a project’s effect on automobile delay would not constitute a significant environmental impact under CEQA. For instances where existing models or methods are not available to estimate the VMT for the particular Project being considered, a lead agency may analyze the Project’s VMT qualitatively. Such a qualitative analysis would evaluate factors such as the availability of transit, proximity to other destinations, etc. For many projects, a qualitative analysis of construction traffic may be appropriate [14 CCR 15064.3(b)(3)].

Local
City of Santa Clara General Plan. The objectives of the City’s mobility and transportation policies are to a safe, efficient, convenient, and integrated system to move people and goods and promote a reduction in KIFER RECEIVING STATION BESS PROJECT 5.17. TRANSPORTATION JULY 2023 5.17-4 FINAL MND/INITIAL STUDY
the use of personal vehicles and vehicle miles traveled. The following policies in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
 Policy 5.8.2‐P3. Encourage undergrounding of utilities and utility equipment within the public right‐of‐ way and site these facilities to provide opportunities for street trees and adequate sidewalks.  Policy 5.8.5‐P1. Require new development and City employees to implement transportation demand management programs that can include site‐design measures, including preferred carpool and vanpool parking, enhanced pedestrian access, bicycle storage and recreational facilities.

5.17.2. Environmental Impacts and Mitigation Measures
a. Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED – CONSTRUCTION. Project construction would occur in a highly urbanized setting and could therefore create impacts to the circulation system in the Project area.

Some lane closures and/or traffic controls may be required to allow for certain construction activities such as delivery of oversized equipment and material. Construction itself would occur entirely within the proposed Project site and would not affect modes of transport.

The bicycle facilities near the proposed Project would not be affected except during occasional land closures, if needed. The proposed Project would not permanently remove bicycle lanes or conflict with alternative transportation routes.

While construction traffic would create impacts, these impacts would be localized, temporary in nature, and would not change long-term traffic loads or patterns. Mitigation measure MM T-1 is proposed to provide specificity regarding the requirements of a Construction Traffic Control Plan. The purpose of this plan would be to reduce potential impacts to the circulation system from the closure/disruption of travel lanes. With the incorporation of this mitigation, construction would not conflict with programs, policies, plans, or ordinances regarding public roadway, transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities.

NO IMPACT – OPERATION AND MAINTENANCE. SVP’s and Ameresco’s respective existing maintenance and operations groups would assume inspection and maintenance duties as needed on their respective parts of the Project. Typical maintenance activities involve both routine inspections and preventive maintenance to ensure service reliability, as well as emergency work to maintain or restore service continuity. No additional staff would be required after Project construction work is completed. No substantial increase in traffic or traffic-related impacts would occur due to operation and maintenance activities.

5.17.2.1. Mitigation Measures for Transportation Impacts MM T-1 Construction Traffic Control Plan. Prior to the start of construction, Ameresco shall prepare and submit a Construction Traffic Control Plan for review and approval to the City of Santa Clara (City) Planning Department for public roads and transportation facilities that would be directly affected by the construction activities and/or would require permits and approvals. Ameresco shall submit the Construction Traffic Control Plan to the City prior to conducting activities covered in the traffic control permits. The Construction Traffic Control Plan shall include, but not be limited to:
 Identification of any routes that would require lane closures or detours to accommodate material and equipment deliveries and methods to ensure safety.

KIFER RECEIVING STATION BESS PROJECT 5.17. TRANSPORTATION JULY 2023 5.17-5 FINAL MND/INITIAL STUDY
 Avoidance of peak travel hours (8:00-10:00 a.m. and 4:00-6:00 p.m.) to the maximum extent feasible.
 Plans to coordinate in advance with emergency service providers to avoid restricting the movements of emergency vehicles. Police departments and fire departments shall be notified in advance by Ameresco of the proposed locations, nature, timing, and duration of any roadway disruptions, and shall be advised of any access restrictions that could impact their effectiveness. At locations where roads will be blocked, provisions shall be ready at all times to accommodate emergency vehicles.  Plans to coordinate in advance with property owners, if any, that may have limited access to properties.
b. Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? LESS THAN SIGNIFICANT – CONSTRUCTION. CEQA Guidelines section 15064.3(b) concerns vehicle miles travelled (VMT) as the measure of transportation impacts. As of July 1, 2020, CEQA requires use of VMT in the traffic analysis.

Construction of the proposed Project would occur over approximately 16 months and project–related traffic would consist of worker commutes and the movement of materials and equipment to and from the site. Once the Project is completed, the vehicle trips associated with construction would end. The total peak number of vehicle trips during construction is estimated to be up to 30 roundtrips daily. Construction personnel would commute to the work site at the beginning of the day and leave at the end of the day, and few people would travel to and from the site through the middle of the day.

Vehicle miles traveled by personal vehicle trips and truck trips during construction would vary in their origins and destinations, but they are assumed to come primarily from the local Bay Area and they would be periodic and temporary. At this time, no known applicable VMT thresholds of significance for temporary construction trips that may indicate a significant impact is known. Therefore, while the proposed Project would include construction-related trips, they would be temporary and the Project would not affect existing transit uses or transportation corridors and is presumed to cause a less than significant transportation impact under CEQA Guidelines section 15064.3(b).

LESS THAN SIGNIFICANT – OPERATION AND MAINTENANCE. The Project would be unmanned, but the proposed Project would require routine inspection and periodic maintenance visits by existing SVP and Ameresco personnel. These activities would generate a negligible number of new vehicle trips with no notable growth in VMT. The transportation impact under CEQA Guidelines section 15064.3(b) would be less than significant.
c. Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED – CONSTRUCTION. Heavy equipment operating adjacent to or within a road right-of-way could increase the risk of accidents. The Project involves movement of heavy equipment to and from the site but does not include work adjacent to or in roadways. Some instances of temporary lane or roadway closures may be required for delivery of oversized equipment or materials. Construction-related trucks would interact with other vehicles on the affected city streets and potentially create hazards. Potential conflicts also could occur between construction traffic and bicyclists and pedestrians, and potential short-term hazards could be associated with temporary lane closures, if required. Construction traffic–related impacts would be reduced with implementation of mitigation measure MM T-1 (Construction Traffic Control Plan) to ensure temporary lane closures and construction activities do not result in increased traffic hazards. The Project would not create a new access point but KIFER RECEIVING STATION BESS PROJECT 5.17. TRANSPORTATION JULY 2023 5.17-6 FINAL MND/INITIAL STUDY
would use existing driveways to the site. These driveways provide ingress and egress at a low speed (25 mph) roadway. With the incorporation of mitigation measure MM T-1, temporary impacts during construction would be less than significant.

LESS THAN SIGNIFICANT –OPERATION AND MAINTENANCE. The Project facilities would not increase transportation hazards or be an incompatible use for the site. The Project is similar in function to the existing site and similar ingress and egress would be provided. Maintenance of the proposed Project would require routine inspection and periodic maintenance visits. Access would be via existing driveways. Therefore, the Project would not cause hazards or incompatible uses due to maintenance activities proximate to public roadways; no mitigation is required.

5.17.2.2. Mitigation Measures for Transportation Hazards MM T-1 Construction Traffic Control Plan. [see full text under Item (a) above] d. Would the project result in inadequate emergency access? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. Construction of the proposed Project would cause a minor short-term delay in the local traffic movement in the immediate vicinity of the proposed Project if there were a temporary lane closure. During construction, the proposed Project would not increase traffic substantially as compared to the existing traffic volume and the capacity of the street system in the area.

If oversize equipment or materials are delivered, at least one lane of travel would remain open to accommodate roadway users (including emergency vehicles). To ensure temporary lane closures do not result in inadequate emergency vehicle movements or impede access to property, mitigation measure MM T-1 (Construction Traffic Control Plan) would require review and approval of a Project specific Construction Traffic Control Plan, which would include specific measures to address temporary closures/ disruptions to travel lanes and plans to coordinate in advance with emergency service providers. With the incorporation of MM T-1, temporary impacts during construction would be less than significant.

LESS THAN SIGNIFICANT – OPERATION AND MAINTENANCE. Once operational, the Project would have no impact on access or movement to emergency service providers. Occasional maintenance activities would be short-term in duration. Therefore, maintenance of the proposed Project would have a less than significant impact on emergency vehicle access and movements.

5.17.2.3. Mitigation Measures for Emergency Access
MM T-1 Construction Traffic Control Plan. [see full text under Item (a) above] KIFER RECEIVING STATION BESS PROJECT 5.18. TRIBAL CULTURAL RESOURCES JULY 2023 5.18-1 FINAL MND/INITIAL STUDY

5.18. Tribal Cultural Resources
TRIBAL CULTURAL RESOURCES Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site,
feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
(i) listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section
5020.1(k), or
(ii) a resource determined by the lead agency, in its
discretion and supported by substantial evidence, to
be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead
agency shall consider the significance of the resource
to a California Native American tribe.

Significance criteria established by CEQA Guidelines, Appendix G.

5.18.1. Setting
Tribal Cultural Resources (TCRs) are defined under Assembly Bill 52 (AB 52) as resources that include sites, features, places, cultural landscapes, and sacred places or objects that have cultural value or significance to a California Native American tribe. Tribal representatives are considered experts appropriate for providing substantial evidence regarding the locations, types, and significance of TCRs within their traditional and cultural affiliated geographic areas, and therefore the identification and analysis of TCRs should involve government-to-government tribal consultation between the CEQA lead agency and interested tribal groups and/or tribal persons (Public Resources Code [PRC] §21080.3.1(a)).

Additionally, best practices show that a lead agency should make a good faith effort to identify TCRs that may be impacted by a Project even if a Native American tribe does not identify any during consultation.

This includes requesting a search of the Native American Heritage Commission’s (NAHC) Sacred Lands file, conducting ethnographic research, and using information that has been previously provided during tribal consultation for other projects in the area.

5.18.1.1. Records Search
As documented in Section 5.5 (Cultural Resources), the records search indicates that no prehistoric cultural resources have been previously identified in the Project area.

5.18.1.2. Ethnographic Research
The Project area is located within the tribal territory of the “Costanoan,” a term derived from the Spanish word Costanos, meaning “coast people” or “coastal dwellers.” At the time of European ethnic groups’ arrival, the Costanoan occupied the central California coast from the northern tip of the San Francisco Peninsula to Big Sur in the south and as far east as the Diablo Range. An estimated 1,400 or more persons □ □ □
□ □ □
KIFER RECEIVING STATION BESS PROJECT 5.18. TRIBAL CULTURAL RESOURCES JULY 2023 5.18-2 FINAL MND/INITIAL STUDY
of partial Costanoan descent currently reside in the greater San Francisco Bay Area. These individuals now generally prefer the term Ohlone to identify themselves (Margolin, 1978).

The Costanoan language is part of the Penutian language family spoken by other California Indian groups known as the Wintun, Maidu, Miwok, and Yokuts. The Costanoan (Ohlone) language family consists of six dialect clusters, of which three were recorded during the ethnohistoric period, including the San Francisco Bay Costanoan, Mutsun along the Pajaro River, and Rumsen near Monterey and Carmel (Golla, 2011:162 163). Linguistic analysis suggests that the Costanoans moved into the Bay Area from the San Joaquin and Sacramento River regions around 1,500 years BP and replaced the original Hokan speaking population of the Bay Area. This appears to coincide with the appearance of Late Horizon artifact assemblages. Using Spanish mission records and archaeological data, researchers have estimated a Costanoan population of 1,000 to 1,200 individuals for the Santa Clara Valley in 1770 (Levy, 1978:485; King, 1977:54).

The Costanoan practiced a hunting and collecting economy focusing on the collection of seasonal plant and animal resources, including tidal and marine resources from San Francisco Bay. They traded with neighboring groups and exported shells, salt, and cinnabar among other items. At the time of contact with Europeans, the Costanoan people were living in approximately 50 separate and politically autonomous tribelets, with each group having one or more permanent villages surrounded by a number of temporary camps used to exploit seasonally available floral and faunal resources (Levy, 1978:485, 487).

Mission Santa Clara and Mission San José were established in the South Bay in the late 1770s. The aboriginal lifeway disappeared by 1810 due diseases, a declining birth rate, and the impact of the mission system. Missionization not only decimated local populations but also relocated native peoples from throughout north-central California to the San José area. The Costanoan/Ohlone were transformed from hunters and gatherers into agricultural laborers (and in some cases, craft artisans) who lived at the missions and worked with former neighboring Native American groups such as the Esselen, Yokuts, and Miwok (Levy, 1978:486).

With secularization of the missions by Mexico in 1834, most of the aboriginal population gradually moved to ranchos to work as manual laborers (Levy, 1978:486). During the Mexican Period several ranchos were granted to Native Americans. Rancho Ulistac, located on the west bank of the Guadalupe River in the City of Santa Clara, was granted to “emancipated” Mission Indians Marcello, Pio, and Cristobal in 1845 (Hendry and Bowman, 1940:872 873). Rancho Posolmi, located along the Guadalupe River at the northeastern boundary of the City of Mountain View, was granted to Lopez Indigo (or Yndigo) in 1881 (City of San Jose, 2011).

Contemporary descendants of the Costanoan (Ohlone) Native Americans are not members of federally recognized tribes. Ohlone recognition and assertion began to move to the forefront during the early twentieth century, enforced by legal suits brought against the United States government by Indians of California (1928–1964) for reparations due them for the loss of traditional lands. The Ohlone/Costanoan Muwekma Tribe, consisting of surviving Native American lineages who trace their ancestry through Missions Dolores, Santa Clara and San José. The State of California has recognized the validity of unrecognized tribal groups of local Native Americans and has afforded both the groups and Native American individuals status in regard to consultation for planning and CEQA compliance.

5.18.1.3. Regulatory Setting
State
California Environmental Quality Act. CEQA requires that impacts to TCRs be identified and, if impacts would be significant, that mitigation measures be implemented to reduce those impacts to the extent feasible (PRC §21081). In the protection and management of the cultural environment, both the statute KIFER RECEIVING STATION BESS PROJECT 5.18. TRIBAL CULTURAL RESOURCES JULY 2023 5.18-3 FINAL MND/INITIAL STUDY
and the CEQA Guidelines (14 California Code of Regulations §15000 et seq.) provide definitions and standards for management of TCRs.

PRC Section 21074 defines a TCR as “a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe.” TCRs also include “non-unique archaeological resources” that may not be scientifically significant, but still hold sacred or cultural value to a consulting tribe.

A resource shall be considered significant if it is: (1) listed or eligible for listing in the California Register of Historical Resources (CRHR), or in a local register of historical resources as defined in PRC Section 5020.1(k); or “(2) a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1. In applying these criteria, the lead agency must consider the significance of the resource to a California Native American tribe.”
Therefore, a project may have substantial adverse change in the significance of a TCR if a project may cause a substantial adverse change in the significance of a tribal cultural resource (PRC §21084.2) or the resource is listed, or eligible for listing, in the CRHR or in a local register of historical resources, and it is demolished (CEQA Guidelines §15064.5(b)(2)).

The fact that a TCR is not listed in the CRHR, determined to be ineligible for listing in the CRHR, not included in a local register of historical resources, or is not identified in a historical resources survey does not preclude a lead agency from determining that the resource may be a historical resource.

CEQA Guidelines Section 15064.5(b)(1) explains that effects on historical resources (or TCRs, if so determined by the lead agency) would be considered adverse if it involves physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of the resource would be materially impaired. Adverse effects on historical resources may result in a project having a significant effect on the environment. CEQA Guidelines Section 15064.5(c)(3) requires that TCRs receive treatment under PRC Section 21083.2, which requires that these resources be preserved in place or left in an undisturbed state. If these treatments are not possible, then mitigation for significant effects is required, as outlined in PRC Section 21082.2(c).

5.18.1.4. AB 52 Tribal Consultation
The proposed Project’s effects on potentially buried and therefore presently unidentified TCRs were evaluated using the significance criteria set forth in Appendix G of the CEQA Guidelines and with consideration to AB 52 and the Governor’s Office of Planning and Research’s “Technical Advisory: AB 52 and Tribal Cultural Resources in CEQA” (OPR, 2017).

Representatives of the Tamien Nation had previously requested to be contacted regarding projects within the City of Santa Clara. Two representatives of the Tamien Nation requesting to be contacted under AB 52 for possible tribal consultation were notified of the proposed Project and invited to engage in consultation. The invitation was extended to each representative by registered mail (February 28, 2023).

No responses were received to the emails or letters during the 30-day response period. This concluded AB 52 compliance under CEQA.

5.18.1.5. Sacred Lands File Search
Aspen requested a search of the NAHC’s Sacred Lands file to determine the presence or likelihood of encountering TCRs within the Project area. On December 8, 2022, the NAHC responded that the search was completed with negative results (i.e., no sacred sites are located within the Project area).

KIFER RECEIVING STATION BESS PROJECT 5.18. TRIBAL CULTURAL RESOURCES JULY 2023 5.18-4 FINAL MND/INITIAL STUDY

5.18.2. Environmental Impacts and Mitigation Measures
a. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
(i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. There are no TCRs that are listed in, or are known to be eligible for listing in, the CRHR or local register of historical resources within the proposed Project area.

Although there is no evidence that TCRs exist within the proposed Project site or immediate vicinity, it is possible that previously unidentified TCRs that may be eligible for inclusion in the NRHP, CRHR, or local registers could be discovered and damaged, or destroyed, during project-related ground disturbance, which would constitute a significant impact absent mitigation. Implementation of mitigation measure MM TCR-1 would evaluate and protect unanticipated TCR discoveries, thereby reducing this impact to a less than significant level after mitigation.

5.18.2.1. Mitigation Measure for Unanticipated Tribal Cultural Resources MM TCR-1 Management of Unanticipated Tribal Cultural Resources. During project-level construction, should subsurface tribal cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist and an authorized tribal representative shall be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5 and Section 21074. If any find is determined to be significant, the archaeologist shall determine, in consultation with the implementing agency and any local Native American groups expressing interest, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to tribal cultural resources. Methods of avoidance may include, but shall not be limited to, Project reroute or redesign, Project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures, such as data recovery or other appropriate measures, in consultation with the implementing agency and any local Native American representatives expressing interest in the tribal cultural resource.
(ii) a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. No known TCRs were identified during a search of the NAHC’s Sacred Lands File, or during ethnographic research. Nevertheless, it is possible that previously unidentified TCRs that may qualify as a significant resource according to lead agency determination could be discovered and damaged or destroyed during ground disturbance. Such a discovery or inadvertent damage/destruction to a previously unknown TCR would constitute a significant impact absent mitigation.

KIFER RECEIVING STATION BESS PROJECT 5.18. TRIBAL CULTURAL RESOURCES JULY 2023 5.18-5 FINAL MND/INITIAL STUDY
Implementation of mitigation measure MM TCR-1, which is discussed under Item (a), would evaluate and protect unanticipated TCR discoveries, thereby reducing this impact to a less than significant level.

5.18.2.2. Mitigation Measure for Unanticipated Tribal Cultural Resources MM TCR-1 Management of Unanticipated Tribal Cultural Resources [see full text under Item (a) above]
KIFER RECEIVING STATION BESS PROJECT 5.19. UTILITIES AND SERVICE SYSTEMS JULY 2023 5.19-1 FINAL MND/INITIAL STUDY

5.19. Utilities and Service Systems

UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
c. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
d. Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Significance criteria established by CEQA Guidelines, Appendix G.

5.19.1. Setting
Utility and services system facilities associated with electricity, domestic (potable) water, stormwater, solid waste, communications, and natural gas are provided and maintained by a variety of local purveyors, including cities, counties, special districts, water agencies, and private companies. Table 5.19-1 lists utility providers in the city.

Table 5.19-1. Utility Providers
 Natural gas – Pacific Gas & Electric Company
 Electricity – Silicon Valley Power
 Water – City of San Francisco’s Hetch Hetchy aqueduct, Santa Clara Valley Water District, Santa Clara City-owned wells
 Wastewater – San José‐Santa Clara Water Pollution Control Plant  Telephone – AT&T, Xfinity (Comcast)
 Solid Waste – Mission Trail Waste Systems, Allied Waste, Green Waste Recovery, and Los Gatos Garbage Company
Sources: City of Santa Clara, 2014; Allconnect, 2022

5.19.1.1. Utilities
Water Supply
Potable water for the City of Santa Clara comes from a combination of sources: the City of San Francisco’s Hetch Hetchy aqueduct system, the Santa Clara Valley Water District, and groundwater from City‐owned □ □ □
□ □ □
□ □ □
□ □ □
□ □ □
KIFER RECEIVING STATION BESS PROJECT 5.19. UTILITIES AND SERVICE SYSTEMS JULY 2023 5.19-2 FINAL MND/INITIAL STUDY
wells. Groundwater comprises almost 70 percent of the City’s water supply. Recycled wastewater is also used in the City for certain landscape irrigation, industrial, and construction purposes (City of Santa Clara, 2014).

Electricity and Natural Gas
Silicon Valley Power (SVP) is owned and operated by the City of Santa Clara as a municipal electric utility and as a department of the City. SVP maintains over 375 miles of underground distribution lines, nearly 200 miles of overhead distribution lines and over 50 miles of transmission lines. Electricity for the City is provided from natural gas, wind, solar, geothermal, and hydroelectric generation resources in California and other western states (City of Santa Clara, 2021).

The City’s natural gas is provided by Pacific Gas & Electric Company. Transmission mains deliver gas from basins in California, Canada, and the Western United States (City of Santa Clara, 2014).

5.19.1.2. Service System
Sewage/Wastewater
Sewer systems collect wastewater in the City Santa Clara and transport it via pipelines to the San Jose– Santa Clara Regional Wastewater Facility (RWF) in San Jose, CA. The RWF treats approximately 110 million gallons per day (mgd) of wastewater from cities in Santa Clara County and is able to treat up to 167 mgd. (City of San Jose, 2023).

About 10 percent of the total treated wastewater from the RWF is directed into the South Bay Water Recycling system. The treated wastewater is used for landscaping irrigation, dual plumbing, industrial uses, and other approved uses around the southern Bay Area. Recycled water distribution pipelines are located throughout the City of Santa Clara. Treated wastewater that is not directed into the recycled water pipelines is discharged into San Francisco Bay (City of Santa Clara, 2014).

Solid Waste Disposal
Solid waste and recycling collection services in the City of Santa Clara is primarily provided by 4 companies:

Mission Trail Waste Systems, Allied Waste, Green Waste Recovery, and Los Gatos Garbage Company.

Newby Island Sanitary Landfill is the main landfill that serves the City, though solid wastes are also sent to landfills outside of Santa Clara County (City of Santa Clara, 2014). Newby Island Sanitary Landfill is located at 1601 Dixon Landing Road, Milpitas, CA 95035. Table 5.19-2 lists the capacities of the landfills used.

Table 5.19-2. Landfill Capacities
Landfill Name
Total Capacity
(cu.yd.)
Remaining
Capacity
(cu.yd.)
Remaining
Capacity
(percent)
Maximum
Throughput
(tons/day)
Newby Island Sanitary Landfill
(Cease operation estimated 2041)
57,500,000 16,400,000 36.9 4,000
Guadalupe Sanitary Landfill
(Cease operation estimated 2048)
28,600,000 11,055,000 38.7 1,300
Corinda Los Trancos Landfill
(Cease operation estimated 2034)
60,500,000 22,180,000 36.7 3,598
Sources: CalRecycle, 2023a; CalRecycle, 2023b; CalRecycle, 2023c KIFER RECEIVING STATION BESS PROJECT 5.19. UTILITIES AND SERVICE SYSTEMS JULY 2023 5.19-3 FINAL MND/INITIAL STUDY

5.19.1.3. Regulatory Background
This section includes a description of the utilities and public service systems regulatory framework.

Federal
Clean Water Act Section 402: National Pollutant Discharge Elimination System. Section 202 of the Clean Water Act (CWA) establishes the National Pollutant Discharge Elimination System (NPDES) permit program to regulate point source discharges of pollutants of Waters of the United States. Discharges or construction activities that disturb one or more acres, which includes the proposed Project, are regulated under the NPDES stormwater program and are required to obtain coverage permit under a NPDES Construction General Permit. The Construction General Permit establishes limits and other requirements such as the implementation of the Stormwater Pollution Prevention Plan, which would further specify best management practices to avoid or eliminate pollution discharge into the nation’s waters. The State Water Resources Control Board (SWRCB) issues both general and individual permits under this program. The SWRCB delegates much of its NPDES authority to nine regional water quality control boards. The proposed Project’s NPDES permits would be under jurisdiction of Region 2, the San Francisco Regional Water Quality Control Board.

State
California Government Code – Protection of Underground Infrastructure. The responsibilities of California utility operators working in the vicinity of utilities are detailed in Section 1, Chapter 3.1, “Protection of Underground Infrastructure” (Article 2 of California Government Code §§4216-4216.9). This law requires that an excavator must contact a regional notification center at least two days prior to excavation of any subsurface installation. Any utility provider seeking to begin a project that may damage underground infrastructure can call Underground Service Alert, the regional notification center. Underground Service Alert will notify the utilities that may have buried lines within 1,000 feet of the Project. Representatives of the utilities are required to mark the specific location of their facilities within the work area prior to the start of project activities in the area. The code also requires excavators to probe and expose underground facilities by hand prior to using power equipment.

California Integrated Waste Management Act of 1989. Assembly Bill 939 codified the California Integrated Waste Management Act of 1989 in the Public Resources Code and established a hierarchy to help the California Integrated Waste Management Board (CIWMB) and local agencies implement three major priorities under the Integrated Waste Management Act: source reductions; recycling and composting; and environmentally safe transformation and land disposal. Waste diversion mandates are included under these priorities. The duties and responsibilities of the CIWMB have since been transferred to the California Department of Resources Recycling and Recovery (CalRecycle) after the abolishment of the CIWMB in 2010, but all other aspects of the Act remain unchanged.

The Act requires all local and county governments to adopt a waste reduction measure designed to manage and reduce the amount of solid waste sent to landfills. This Act established reduction goals of 25 percent by the year 1995 and 50 percent by the year 2000. Senate Bill 1016 (2007) streamlines the process of goal measurement related to Assembly Bill 939 by using a disposal-based indicator: the per capita disposal rate. The per capita disposal rate uses only two factors: the jurisdiction’s population (employment can be considered in place of population in certain circumstances) and the jurisdiction’s disposal as reported by disposal facilities. CalRecycle encourages reduction measures through the continued implementation of reduction measures, legislation, infrastructure, and support of local requirements for new developments to include areas for waste disposal and recycling on-site.

KIFER RECEIVING STATION BESS PROJECT 5.19. UTILITIES AND SERVICE SYSTEMS JULY 2023 5.19-4 FINAL MND/INITIAL STUDY
California Code of Regulations (Title 27). Title 27 (Environmental Protection) of the California Code of Regulations defines regulations and minimum standards for the treatment, storage, processing, and disposal of solid waste at disposal sites. The State Water Resources Control Board maintains and regulates compliance with Title 27 (Environmental Protection) of the California Code of Regulations by establishing waste and site classifications and waste management requirements for solid waste treatment, storage, or disposal in landfills, surface impoundments, waste piles, and land treatment units. The compliance of the proposed Project would be enforced by the San Francisco RWQCB Region 2 and the California Department of Resources Recycling and Recovery (CalRecycle) (formerly the California Integrated Waste Management Board). Compost facilities are regulated under CCR Title 14, Division 7, Chapter 3.1 Section 17850 through 17895, by CalRecycle. Permit requests, Reports of Waste Discharge, and Reports and Disposal Site Information are submitted to the RWQCB and CalRecycle, and are used by the two agencies to review, permit, and monitor these facilities.

Local
Energy Policies. The purpose of the City’s energy policies is to encourage reduced energy use. The following policies in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
 Policy 5.10.3‐P10. Maintain the City’s level of service for high quality utilities and telecommunications infrastructure.
 Policy 5.10.3‐P12. Work with Silicon Valley Power to implement adequate energy distribution facilities to meet the demand generated by new development.

Water Policies. The purpose of the City’s water policies is off-set increased demand associated with the implementation of the City General Plan. The following policies in the General Plan generally relate to the proposed Project (City of Santa Clara, 2014):
 Policy 5.10.4‐P1. Promote water conservation through development standards, building requirements, landscape design guidelines, education, compliance with the State Water Conservation Landscaping Ordinance, incentives, and other applicable City‐wide policies and programs.  Policy 5.10.4‐P4. Require an adequate water supply and water quality for all new development.  Policy 5.10.4‐P5. Prohibit new development that would reduce water quality below acceptable State and local standards.
 Policy 5.10.4‐P10. Work with Santa Clara Valley Water District to minimize undesirable compaction of aquifers and subsidence of soils.

Conservation. The City’s conservation policies consider the regulation of wastewater to protect biological resources in the City. The following policy in the General Plan generally relates to the proposed Project (City of Santa Clara, 2014):
 Policy 5.10.1‐P6. Require adequate wastewater treatment and sewer conveyance capacity for all new development.

Land Use. The City’s land use policies consider the effects of development to public facilities and infrastructure. The following policy in the General Plan generally relates to the proposed Project (City of Santa Clara, 2014):
 Policy 5.3.1‐P17 Promote economic vitality by maintaining the City’s level of service for public facilities and infrastructure, including affordable utilities and high quality telecommunications.

KIFER RECEIVING STATION BESS PROJECT 5.19. UTILITIES AND SERVICE SYSTEMS JULY 2023 5.19-5 FINAL MND/INITIAL STUDY

5.19.2. Environmental Impacts and Mitigation Measures
a. Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? LESS THAN SIGNIFICANT. The proposed Project would involve construction of a new BESS facility and removal of an existing SVP building. Construction activities would generate a minimal demand for water or wastewater treatment and no demand for natural gas facilities. The Project would not require the relocation, expansion, or development of new utility systems beyond the Project itself. The Project would require protection and control panel upgrades or reconfigurations at the Kenneth and Oaks Junction Substations.

These upgrades would not expand any existing facilities or require additional facilities. During routine operation and maintenance of the proposed Project, the Project would be unmanned and would not create any need for new or expanded utilities or service systems.

Water, Wastewater Treatment or Storm Water Facilities. The proposed Project would generate minimal demand for water or wastewater treatment. A water truck or hose may be on-site to support dust suppression during ground disturbing work. Any water used for dust control would be dispersed onsite and would either evaporate or be absorbed into the ground; therefore, no wastewater generation is anticipated from this use.

Concrete would be required for foundations and pole installation. Excess concrete from construction as well as removed concrete foundations would be disposed of at an approved site away from the work area.

Dewatering may be necessary if groundwater is encountered. Portable toilets would be provided for construction work crews and would be removed after construction is completed and these toilets will be maintained by a licensed sanitation contractor.

The proposed Project would not result in any increased stormwater flow entering stormwater drainage systems and therefore would not require, or result in the construction of, new stormwater drainage facilities or the expansion of existing facilities.

Upon completion of construction, the proposed Project would not generate any demand for water or wastewater treatment. There would be no sanitary sewer hookup at the site. Existing wastewater and water treatment facilities are adequate to accommodate the demand generated by the proposed Project. Thus, the Project would have less than significant impact that would not cause the need for the construction or expansion of water or wastewater treatment facilities or storm water drainage.

Electric Power, Natural Gas, or Telecommunications Facilities. No new natural gas or telecommunications facilities would be required in support of the Project. The existing electric power system, including the existing substation, would remain in service during construction and commissioning of the Project.

The Project would contribute to the stability of the City’s power grid, by storing energy. These activities would not cause significant environmental effects.
b. Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? LESS THAN SIGNIFICANT. Limited amounts of water would be used for dust control and to make concrete for foundations. This would be a short-term need associated with construction and would end with the completion of construction. The volume of water required for dust control is not known. However, the amount of water for dust suppression during construction is considered to be nominal in comparison to available municipal water supply.

Water trucks or existing hydrants would provide water for dust control as needed. Construction of the Project would include the installation of two new fire hydrants on site. These hydrants would be used KIFER RECEIVING STATION BESS PROJECT 5.19. UTILITIES AND SERVICE SYSTEMS JULY 2023 5.19-6 FINAL MND/INITIAL STUDY
during operation for fire suppression, in case of an emergency. Upon completion, the proposed Project would not generate any demand for water, unless there was a fire. Therefore, the proposed Project would have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years.
c. Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
LESS THAN SIGNIFICANT. The proposed Project would generate minimal wastewater during construction. The proposed Project would provide portable toilets for construction workers and the waste would be disposed of through a treatment facility with adequate capacity. As discussed in Item (a) above, existing wastewater facilities would adequately accommodate the minor demand caused by Project construction while serving existing commitments. Therefore, this impact would be less than significant. d. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? LESS THAN SIGNIFICANT. Construction debris and waste generated during construction of the Project would be transported to staging areas or to an SVP Service Center for recycling or disposal.

The building that is currently on site would be demolished under a ministerial permit from the City of Santa Clara as part of the Project. The waste from this would be transported for disposal at a licensed Class I or Class II landfill or a composite lined portion of a solid waste landfill.

Total solid waste generated by construction of the proposed Project is anticipated to be minor compared to the capacity of local recycling infrastructure and existing landfills, as identified in Table 5.19-2, Landfill Capacities. The landfills identified in Table 5.19-2 are not expected to close for about another 20 years.

During operation, the proposed Project would be unmanned and would not generate notable quantities of solid waste. Therefore, the impact of solid waste disposal on local infrastructure and landfill capacity would be less than significant.
e. Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
NO IMPACT. The California Integrated Waste Management Act of 1989, which emphasizes resource conservation through the reduction, recycling, and reuse of solid waste guide solid waste management requires that localities conduct a Solid Waste Generation Study (SWGS) and develop a Source Reduction Recycling Element (SRRE). The proposed Project would operate in accordance with these applicable Solid Waste Management Policy Plans by recycling materials where feasible. As identified in Table 5.19-2, Landfill Capacities, the landfills serving the site would have sufficient capacity to accommodate Project construction solid waste disposal needs, and Project solid waste disposal would not result in the need for new or expanded landfill facilities. Therefore, the proposed Project would comply with federal, State, and local management and reduction statutes and regulations related to solid waste disposal limits and landfill capacities. No impact would occur.

KIFER RECEIVING STATION BESS PROJECT 5.20. WILDFIRE
JULY 2023 5.20-1 FINAL MND/INITIAL STUDY

5.20. Wildfire

WILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a. Substantially impair an adopted emergency response plan or emergency evacuation plan?
b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? Significance criteria established by CEQA Guidelines, Appendix G.

5.20.1. Setting
Wildland fire protection in California is the responsibility of either the State, local, or federal government, depending on the location. The California Department of Forestry and Fire Protection (CAL FIRE) is required by law to map areas of significant fire hazards based on fuels, terrain, weather, and other relevant factors. These zones, which are referred to as Fire Hazard Severity Zones (FHSZ), influence how people construct buildings and protect property to reduce risk associated with wildland fires. FHSZ maps identify the likelihood that an area will burn over a 30 to 50-year period without considering that modifications may occur, such as fuel reduction efforts. Risk is not indicated by the maps. Risk is the potential damage that can be done by a fire, based on existing conditions. Risk can be reduced by various strategies, such as creation of defensible space, fuel load reduction, and, in the case of structures, the use of sprinklers and ignition-resistant building materials and construction. The City of Santa Clara area is not located in a FHSZ in the CAL FIRE wildland fire hazard maps, primarily due to its urban conditions, flat terrain, and low fuel load. Fire protection within the City is discussed in Section 5.15 (Public Services).

5.20.1.1. Regulatory Background
Federal
A variety of line and tower clearance standards are used throughout the electric transmission industry.

These address distances between energized lines and support structures and potential obstructions, including vegetation, structures, and the ground. Nationally, most transmission line owners follow the National Electric Safety Code (NESC) rules or American National Standards Institute (ANSI) guidelines, or both, when managing vegetation around transmission system equipment. The NESC deals with electric safety rules, including transmission wire clearance standards, whereas the applicable ANSI code deals with the practice of pruning and removal of vegetation.
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KIFER RECEIVING STATION BESS PROJECT 5.20. WILDFIRE
JULY 2023 5.20-2 FINAL MND/INITIAL STUDY
State and Local
SVP operates and maintains the distribution and transmission grid inside the City of Santa Clara, yet the larger transmission grid that brings most of SVP’s energy into the City is integrated throughout the State.

Therefore, if large transmission lines are de-energized or constrained, SVP may need to reduce load quickly to help the greater transmission grid. Depending on the severity of the event, it may mean power shutoffs or rolling outages in the City of Santa Clara.

California Public Utilities Commission (CPUC) General Order (GO) 95. CPUC’s GO 95 is the key standard governing the design, construction, operation, and maintenance of overhead electric lines in the State.

The CPUC has promulgated various Rules to implement the fire safety requirements of General Order 95, including:
 GO 95 Rule 31.2 requires that lines be inspected frequently and thoroughly to ensure that they are in good condition, and that lines temporarily out of service be inspected and maintained in such condition so as not to create a hazard.
 GO 95 Rule 35 governs requirements that vegetation management activities be performed in order to establish necessary and reasonable clearances.
 GO 95 Rule 38 establishes minimum vertical, horizontal, and radial clearances of wires from other wires.

California Public Resources Code Sections 4294 and 4293. The California Public Resources Code (CPRC) Sections 4292 and 4293 specify requirements related to fire protection and prevention in transmission line corridors. CPRC Section 4292 states that any person that owns, controls, operates, or maintains any electrical transmission or distribution line has primary responsibility for fire pro5.20-2action of such areas, and shall maintain around and adjacent to any pole or tower which supports a switch, fuse, transformer, lightning arrester, line junction, or dead end or corner pole, a firebreak which consists of a clearing of not less than 10 feet in each direction from the outer circumference of such a pole or tower (CPRC 4292).

Power Line Fire Prevention Field Guide 2020 Edition. CAL FIRE, the state’s three investor-owned utilities (Pacific Gas and Electric [PG&E] Company, Southern California Edison Company, and San Diego Gas and Electric), and other California electric utilities have mutually developed a comprehensive field guide for their personnel. Its purpose is “to provide information and guidance to the personnel of the fire service agencies and electrical operators for minimum uniform application within the areas of their respective jurisdiction and franchise responsibilities.” In addition to safety of the public, the guide details fire hazard reduction maintenance procedures for the safety of conductors and certain hardware.

PG&E’s Public Safety Power Shutoff Program. The Public Safety Power Shutoff program was developed in cooperation with state utility regulators at the CPUC. A utility shuts off electricity on transmission and distribution lines in fire-prone areas during high fire-risk periods, including:
 Red flag warning declared by the National Weather Service;  Low humidity levels – generally 20% and below; and/or  Forecasted sustained winds generally above 25 mph and wind gusts in excess of approximately 45 mph.

5.20.2. Environmental Impacts and Mitigation Measures
a. Would the project substantially impair an adopted emergency response plan or emergency evacuation plan? LESS THAN SIGNIFICANT WITH MITIGATION – CONSTRUCTION. The Project is not near any roads in a very high FHSZ nor is it on evacuation routes. Temporary short-term lane closures of roadway lanes may be required during the 16-month construction period to accommodate delivery of oversized equipment such as BESS enclo- KIFER RECEIVING STATION BESS PROJECT 5.20. WILDFIRE
JULY 2023 5.20-3 FINAL MND/INITIAL STUDY
sures and other large equipment or materials. However, at least one lane of travel would remain open at all times and any closure or disruption would be of limited duration. Traffic control protocols and a projectspecific traffic plan would be implemented under mitigation measure MM T-1 (Construction Traffic Control Plan). With incorporation of mitigation, impacts from Project construction would not substantially impact emergency response or evacuation plans.

NO IMPACT – OPERATION AND MAINTENANCE. Once operational, the proposed Project would have no impact on emergency response or evacuation. Occasional maintenance activities would be short-term in duration and would occur within the property. Therefore, maintenance of the proposed Project would not substantially impair an emergency response plan or emergency evacuation plan.

5.20.2.1. Mitigation Measures for Emergency Response
MM T-1 Construction Traffic Control Plan. [see full text in Section 5.17, Transportation/Traffic] b. Would the project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
LESS THAN SIGNIFICANT – CONSTRUCTION. The Project would not create any occupied facilities. There are no residences in the vicinity of the Project. The closest residential community is located approximately 0.5 miles from the Project site.

At Project completion, the site would be devoid of vegetation, paved, and surrounded by a ten-foot concrete block wall and a chain link fence. These conditions reduce fire risk to nearby properties. Construction activities have the potential to be a fire ignition source. For example, sparks from welding or from metal striking metal or stone could ignite flammable materials such as packing cardboard or rags. To reduce the fire risk fire suppression equipment (e.g., extinguishers) would be on site. The limited amount of flammable material on site during construction and the barren nature of the site mitigate against the spread of any accidental fire. Furthermore, the City of Santa Clara area is not located in a FHSZ in the CAL FIRE wildland fire hazard map (CAL FIRE, 2022). Impacts from wildfire risk during construction would be less than significant and no mitigation is required.

LESS THAN SIGNIFICANT – OPERATION AND MAINTENANCE. Both components of the Project, electrical lines and BESS facilities, can start a fire. Electrical lines can start a fire if an object such as a tree limb, kite, or mylar balloon simultaneously contacts the power line conductors and a second object, such as the ground or a portion of the supporting pole. System component failures and accidents during maintenance activities can also cause faults that result in arcing. The Project would install new electrical equipment, which would comply with all current federal and State laws related to vegetation clearance and fire prevention, so as to not exacerbate wildfire risks.

Ameresco would operate and maintain the BESS, which would be designed with a safety system and in accordance with applicable laws, codes, and standards. The system would be designed so that during a fire event, any internal fire is contained within the affected BESS enclosure and would not spread to the other parts of the facility. The batteries would be tested to UL 9540A, a test method intended to document the fire characteristics associated with thermal event or fire and would confirm that the system will selfextinguish without active fire-fighting measures. The results of this test are used to inform facility safety system design and emergency response plans which would be shared with first responders. Impacts from wildfire risk during operation and maintenance would be less than significant and no mitigation is required.

KIFER RECEIVING STATION BESS PROJECT 5.20. WILDFIRE
JULY 2023 5.20-4 FINAL MND/INITIAL STUDY
c. Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? LESS THAN SIGNIFICANT. The proposed Project includes installation of a new 60 kV power line, approximately 300 feet long, as well as a BESS facility. The Project site is in an urban setting and activities associated with the proposed Project would generally occur within the Project boundaries, and would rely on existing paved roads for access. No fuel breaks would be required. Two on-site fire hydrants, which would be used for emergency water sources, are included as part of the Project. The two new fire hydrants will not exacerbate fire risks and would contribute to reducing the fire risk for the Project and surrounding area.

The new 60 kV transmission line would not be within any wildfire risk area.

Once the BESS is energized and interconnected, Ameresco’s maintenance and operations group would assume inspection and maintenance duties. Ameresco would comply with all current federal and State laws related to vegetation clearance and fire prevention. No additional fire risk impacts would occur because of operating and maintaining the Project.
d. Would the project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? LESS THAN SIGNIFICANT. The proposed Project is located in an urban area with flat topography and low fuel load. During operation and maintenance, Ameresco would comply with all current regulations related to vegetation clearance and fire prevention. Given the fire risk is low and the site is flat with no known historic landslides or slope instability and the limited amount of surface disturbance proposed, the exposure of people or structures to risks as a result of runoff, post fire instability, or drainage changes would be less than significant.

KIFER RECEIVING STATION BESS PROJECT 5.21. CORONA AND INDUCED CURRENT EFFECTS JULY 2023 5.21-1 FINAL MND/INITIAL STUDY

5.21. Corona and Induced Current Effects

5.21.1. Environmental Setting

5.21.1.1. Corona
Corona is one of the phenomena associated with all energized electrical devices, including high voltage transmission lines. The localized electric field near a conductor can be sufficiently concentrated to ionize air close to the conductors. This can result in a partial discharge of electrical energy called a corona discharge, or corona. The corona effect is the physical manifestation of discharged electrical energy into very small amounts of sound, radio noise, heat, and chemical reactions with air components. It is a phenomenon associated with all energized electrical devices but is especially common with high-voltage power lines.

The amount of corona produced by a power line is a function of several factors, including line voltage, conductor diameter, conductor locations in relation to each other, condition of conductors and hardware, and local weather conditions including power line elevation above sea level. Corona typically becomes a design concern for 230 kV and higher power lines that are overhead (i.e., transmission lines on poles or towers). It is less noticeable for lines that are operated at lower voltages (i.e., subtransmission and distributionsized lines).

The Proposed Project includes a new 60 kV line, and the distribution lines that are a part of the BESS facility would be low and medium voltage. The electric field gradient is greatest at the conductor surface.

Larger-diameter conductors have lower electric field gradients at the conductor surface and, therefore, lower corona noise than smaller-diameter conductors. The corona effect would not be a design concern for underground portions of power lines within the BESS facility, regardless of voltage level, because the energized conductors are fully enclosed in a semi-conducting layer within insulated cables that serve to equalize the electrical gradient at the surface of the components.

5.21.1.2. Induced Currents
Electric currents can be induced in metallic objects located within the electric fields created by power lines. An electric current can flow when an object has an induced charge and a path to ground is present.

The amount of induced current that can flow is important to evaluate from a safety perspective because of the potential for electrical shocks to people and the possibility of electric arcs that could form across small gaps between conductive surfaces. These arcs can have the secondary effect of igniting flammable materials that may be in the vicinity of the arc. In addition, induced currents are evaluated for their potential to lead to corrosion of metallic objects (such as buried pipelines) from the discharge of the induced current to ground.

From a safety perspective, the National Electrical Safety Code (NESC) specifies that transmission lines be designed to limit short circuit current from vehicles or large objects near the line to no more than 5 milliampere (mA). The NESC also addresses shock hazards to the public by providing guidelines on minimum clearances to be maintained for practical safeguarding of persons during the installation, operation, or maintenance of overhead transmission lines and their associated equipment.

5.21.2. Environmental Impacts and Assessment
Common concerns are with regard to electrical interference with existing and future development in the area. The CEQA Guidelines do not provide significance criteria for evaluating impacts from corona or KIFER RECEIVING STATION BESS PROJECT 5.21. CORONA AND INDUCED CURRENT EFFECTS JULY 2023 5.21-2 FINAL MND/INITIAL STUDY
induced current effects. Corona and induced current from high voltage power lines can cause environmental impacts through:
 Audible noise
 Radio and television interference
 Computer interference
 Disturbance of cardiac pacemakers
 Ignition of flammable materials
 Corrosion of buried metallic objects
The proposed Project involves replacing the existing substation, by removing two existing transformers and installing three new transformers and associated facilities, and the Project would reconfigure the existing 60 kV line within the substation property. The Project would not change the operating voltages of the existing substation, and circuits operating at 60 kV typically cause noise at levels comparable to the ambient baseline noise levels. The noise environment in the Project area is described in Section 5.13 (Noise).

At levels comparable to the ambient baseline, the impact of audible noise from the corona effect would be less than significant.

Although corona can generate high frequency energy that may interfere with broadcast signals or electronic equipment, this is generally not a problem for transmission or lower voltage power lines below 115 kV.

Electric fields from power lines do not typically pose interference problems for electronic equipment in businesses or homes since the equipment is shielded by buildings and walls. The Institute of Electrical and Electronic Engineers (IEEE) has published a design guide (IEEE, 1971) that is used to limit conductor surface gradients so as to avoid corona levels that would cause electronic interference. Corona or gap discharges related to high frequency radio and television interference impacts are dependent upon several factors, including the strength of broadcast signals, and are anticipated to be very localized if they occur. Individual sources of adverse radio/television interference impacts can be located and corrected on the power lines.

Conversely, magnetic field interference with electronic equipment such as computer monitors can be corrected through the use of software, shielding or changes at the monitor location. As a result, impacts from corona, radio/television interference, and magnetic field interference would be less than significant.

Induced currents and voltages on conducting objects near the proposed power lines would not pose a threat in the environment if the conducting objects are properly grounded. Project construction and operation would be done in accordance with SVP’s existing inspection and maintenance program and safety practices. Likewise, induced currents would not increase the risk of fuel ignition in the area.

The electric fields associated with high voltage transmission lines may be of sufficient magnitude to impact operation of a few older model pacemakers resulting in them reverting to an asynchronous pacing (IEEE, 1979). Substantial adverse effects would not occur with prolonged asynchronous pacing; periods of operation in this mode are commonly induced by cardiologists to check pacemaker performance. Therefore, while a transmission line’s electric field may impact operation of some older model pacemakers, the result of the interference would be of short duration and is not considered significant or harmful. No mitigation measures would be required or recommended.

KIFER RECEIVING STATION BESS PROJECT 5.22. MANDATORY FINDINGS OF SIGNIFICANCE JULY 2023 5.22-1 FINAL MND/INITIAL STUDY

5.22. Mandatory Findings of Significance

MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory?
b. Does the project have impacts that are individually
limited, but cumulatively considerable? (Cumulatively considerable means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.)
c. Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly?
Significance criteria established by CEQA Guidelines, Appendix G. a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The proposed Project would be located in the central eastern area of the City of Santa Clara. This Project site is in a highly urbanized area. Vegetation at the site is sparse and all the trees and vegetation on site would be removed. As described in Section 5.4, Biological Resources, there are no special-status plants or animals in the Project area due to the lack of habitat in such a highly urbanized industrial environment. The Project is not expected to result in impacts to habitats that support sensitive species. However, some special-status birds may use the Project vicinity for foraging, although the habitat is marginal and the potential for occurrence of these species is very low. Implementation of mitigation measures MM BIO-1 through MM BIO-3 would reduce these potential impacts to less than significant levels.

Similarly, Section 5.5 (Cultural Resources) and Section 5.18 (Tribal Cultural Resources) show that the Project would have a less than significant impact to important examples of the major periods of California history or prehistory. The records search indicates that no prehistoric cultural resources have been previously identified in the Project area. However, as described in Section 5.5 (Cultural Resources) and Section 5.18 (Tribal Cultural Resources), the proposed Project could have an adverse effect on previously undiscovered cultural or tribal cultural resources. With implementation of mitigation measures MM CR-1, MM CR-2, and MM TCR-1 for unanticipated discoveries of archaeological and historical resources or human remains and mitigation measure MM G-2 for paleontological resources, impacts would be less than significant and the Project would not eliminate important examples of major periods of California history or prehistory. □ □ □
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KIFER RECEIVING STATION BESS PROJECT 5.22. MANDATORY FINDINGS OF SIGNIFICANCE JULY 2023 5.22-2 FINAL MND/INITIAL STUDY
b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects, and the effects of probable future projects.)
CEQA defines a cumulative impact as an effect that is created as a result of the combination of the proposed Project together with other projects (past, present, or future) causing related impacts. Cumulative impacts of a Project need to be evaluated when the Project’s incremental effect is cumulatively considerable and, therefore, potentially significant.

Three planned projects were identified within 0.25 miles of the KRS BESS site. The projects were reviewed to identify whether the Project could contribute to cumulatively significant impacts when evaluated in combination with these projects. The projects were identified from the Planning Department’s current project list. These are considered potential cumulative projects whose impacts could combine with those of the KRS BESS Project. They are:
 Lafayette/Bassett Bicycle Lanes Project (Central Expressway to Agnew)  960 Central Expressway Project (demolish the existing structures and site improvements to construct three Class “A” speculative buildings totaling up to 890,000 square feet for warehousing and/or data center uses, associated parking, on- and off-site improvements and landscaping)  3060 Raymond Street Project (Use Permit to convert a 24,422 s.f. industrial building to a data center with installation of five (5) 2,000 kW backup generators, six (6) cooling towers, equipment yards and on- and off-site improvements)
As discussed in preceding Sections 5.1 through 5.21 any potential impacts of the proposed Project would occur during construction, with few, if any, operational effects. Because the construction-related impacts of the Project would be temporary and localized, they would have the potential to combine with similar impacts of other projects only if they occur at the same time and in close proximity. The cumulative temporary and localized impacts of the construction of the KRS BESS Project are considered by issue area below. While actual construction periods often vary from those initially anticipated, it does not appear that the three identified projects would overlap with the anticipated 2023 beginning of construction at the KRS BESS site. However, applications for other unknown projects may occur and may overlap with the KRS BESS construction period. Because the area is built out, any projects would be reconstruction or construction of replacement land uses on already occupied site. Given the built out nature of the Project vicinity and the capacity of existing thoroughfares, there would be no long-term impacts from the proposed Project that would have the potential to combine with impacts from the Projects listed.

Aesthetics. As described in Section 5.1, views to and from the Project site are limited by existing buildings and vegetation. The viewshed of the proposed Project is an urban setting and continued urbanization is the likely trend for the foreseeable future with little change in its overall visual character. The impacts from the construction of the KRS BESS Project would be minimal because the work would be temporary in nature. The proposed Project represents only a relatively minor incremental change in cumulative conditions given the urban nature of the location. Therefore, the Project’s visual effects are less than significant and are not considerable enough to represent a significant cumulative impact.

Agriculture and Forestry Resources. There is no agricultural activity at the site or any of the cumulative project sites. The Project would not contribute to cumulative impacts to agriculture and forestry resources.

Air Quality. Air emissions would occur during construction of the KRS BESS. Emissions would include criteria air pollutants that could contribute to existing or projected violations of the ambient air quality standards for ozone and PM10. Other pollutants resulting from construction activities are accounted for KIFER RECEIVING STATION BESS PROJECT 5.22. MANDATORY FINDINGS OF SIGNIFICANCE JULY 2023 5.22-3 FINAL MND/INITIAL STUDY
in emissions inventories for regional air quality maintenance plans and would not impede attainment or maintenance of ambient air quality standards. Foundation excavation and other construction-related activities could potentially expose sensitive receptors to construction-related emissions, including emissions of fugitive dust and DPM, which could expose the receptors to increased health risk and hazards. These would occur only during construction and would be less than significant with implementation of mitigation measure MM AQ-1 (Implement Basic Construction Air Quality Mitigation). Any potential adverse cumulative air quality impacts would be short-term (lasting for the duration of construction) and would not be cumulatively considerable; therefore, the cumulative impact would be less than significant. The operation and maintenance emissions (e.g., limited vehicle use) would be less than the emissions during construction activities and also less than the significance thresholds.

Concurrent construction of other projects in close proximity to the proposed Project would result in increased local air quality impacts for the duration of simultaneous construction activities. However, simultaneous construction projects would also need to comply with BAAQMD rules and regulations regarding criteria pollutants. Any potential adverse cumulative air quality impacts would be short-term (lasting for the duration of construction) and would not be cumulatively considerable; therefore, the cumulative impact would be less than significant.

Biological Resources. The proposed Project and the cumulative projects are located within an urbanized area and near busy roadways. Due to the highly disturbed landscape, no habitat for special-status plant or wildlife species remains on the proposed Project site. Therefore, construction and operation and maintenance of the proposed Project would have no impacts to special-status plants or their habitat. The disturbed habitat conditions in the northeast area of the City of Santa Clara have limited wildlife habitat value. There is the potential for birds to nest in nearby trees during nesting season. Mitigation measures MM BIO-1 (Biological Monitoring), MM BIO-2 (Worker Environmental Awareness Training), and MM BIO-3 (Preconstruction Nesting Bird Surveys and Nest Protection) would ensure the impacts to nesting birds are less than significant. Some special-status birds may use the vicinity of the Project site for foraging, but the habitat is marginal and the potential for occurrence of these species is very low. Trees that are proposed to be removed as part of the Project would be replaced at the discretion of the City Arborist. The Project would not represent a significant contribution to cumulative impacts. Given the built-up nature of the City, other cumulative projects in the vicinity have limited biological resources. Impacts to biological resources during operation and maintenance of the KRS BESS would less than significant, therefore, no contribution to cumulative impacts would occur.

Cultural Resources. There are no known historical or unique archaeological resources identified within the proposed Project area; however, previously unknown buried historical resources or human remains could be discovered and damaged, or destroyed, during ground disturbing work. Short-term construction activities and operation and maintenance activities would not significantly affect any unknown cultural or paleontological resources or human remains with the implementation of mitigation measures MM CR-1 (Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources) and MM CR-3 (Treatment of Human Remains), as discussed in Section 5.5, Cultural Resources. No cultural resources would be affected during Project construction or during operation of the Project, and no contribution to cumulative impacts would occur.

Energy. The objectives of the proposed Project are to increase the reliability and flexibility of SVPs electrical grid and to help solve California’s “duck curve” power production problem. The proposed Project would achieve these objectives by utilizing the BESS to store energy. Equipment used during construction would comply with mandated efficiency standards, and there would be no wasteful, inefficient, or unnecessary consumption of energy resources. The operation and maintenance activities would be minimal and would not involve wasteful, inefficient, or unnecessary consumption or use of energy resources.

KIFER RECEIVING STATION BESS PROJECT 5.22. MANDATORY FINDINGS OF SIGNIFICANCE JULY 2023 5.22-4 FINAL MND/INITIAL STUDY
The energy being stored by the BESS would be delivered to the BESS from the mix of renewable and fossil fuel powered generation resources available at the time of charging. This energy would be discharged during periods of high demand, when fossil fuel resources are most likely to be called upon. As a result, the energy discharged by the BESS would be likely to displace the use of fossil fuel resources during periods of high demand. The proposed Project would not conflict with any state or local plan for prioritizing renewable energy or energy efficiency, and there would be no considerable contribution to a cumulative impact associated with energy.

Geology and Soils. As discussed in Section 5.7, the proposed Project would be located in an area mapped as likely to experience strong ground shaking, including ground shaking that could result in liquefactionrelated phenomena and erosion. Projects in the vicinity of the Kifer BESS Project would also be located in areas mapped as likely to experience strong ground shaking potentially combining to expose people or structures to potential significant cumulative impacts. All construction would be required to comply with building code standards that take into account effects of seismic events. For the proposed Project, implementation of mitigation measure MM G-1 (Conduct Geotechnical Investigations), which would ensure that Project design would reduce the potential for geologic and seismic hazards, such as liquefaction and expansive soils. The Project would not increase potential risks associated with seismic events or other geologic hazards. Short-term construction impacts to soils, including unstable soils, have the potential to occur; however, final geotechnical recommendations would reduce the impacts to a less than significant level and the proposed Project impacts are not considerable enough to represent a significant cumulative impact. Adherence to similar design and engineering standards, which are applicable to the identified cumulative projects, ensure that their cumulative impacts to geology and soils would also be less than significant.

There is a limited potential for paleontological resources to occur on the site. Mitigation measure MM G-2 (Work Training and Management of Unanticipated Discoveries of Paleontological Resources) would ensure any potential impacts are less than significant and would not contribute to a cumulatively considerable impact.

Greenhouse Gas Emissions. Because the direct environmental effect of GHG emissions is to influence global climate change, GHG emissions are by their nature inherently a cumulative concern with a cumulatively global scope. Project-specific GHG emissions would occur from the burning of fuels required by construction equipment and vehicles during construction activities. Primary GHG emissions during construction are associated with CO2 from the combustion of gasoline and diesel fuel in equipment and vehicles. CH4 and N2O are also emitted from fuel combustion but at rates of less than 1 percent of the mass of CO2 combustion emissions. Construction-related emissions would be distributed over 16 months.

These estimated levels would not exceed the threshold level of 25,000 metric tons per year for annual mandatory reporting of GHGs.

GHG emissions from operation and maintenance would be minimal, as the KRS BESS would require only infrequent maintenance. The minor quantity of GHG emissions created during construction and for operation and maintenance would not be a cumulatively considerable impact.

Hazards and Hazardous Materials. The use of hazardous materials for the Project would be minimal during construction and operation. Hazardous materials would be stored and used in compliance with applicable regulations. The Project would not result in an increase in usage of hazardous materials.

Impacts from routine use, transportation, disposal, and accidental spillage of hazardous materials would be reduced to a less than significant level with implementation of mitigation measure MM HM-1 (Hazardous Substance Control and Emergency Response) discussed in Section 5.9, Hazards and Hazardous Materials; no contribution to cumulative impacts would occur.

KIFER RECEIVING STATION BESS PROJECT 5.22. MANDATORY FINDINGS OF SIGNIFICANCE JULY 2023 5.22-5 FINAL MND/INITIAL STUDY
Hydrology and Water Quality. The Project would not change existing drainage patterns at the site, which is covered primarily with impervious surfaces. The proposed Project would require minimal water for dust control and concrete during construction. Dewatering during foundation excavation for poles is possible, but not anticipated. In the event that dewatering is necessary, the water would be pumped out and treated and encountered groundwater would be tested to meet requirements set by the Regional Water Quality Control Board (RWQCB). Implementation of Mitigation measures MM HYD-1 (SWPPP or Erosion Control Plan Development and Implementation) and MM HM-1 (Hazardous Substance Control and Emergency Response) would ensure that erosion, sedimentation, or an accidently spill would not significantly affect water quality. With implementation of this mitigation, the Project’s hydrology and water quality impacts are less than significant and are not considerable enough to represent a significant cumulative impact.

Land Use. The proposed Project is consistent with local zoning. The Project would construct a compatible use within an existing utility-owned site. In addition, the proposed Project, as well as the cumulative projects, are required to minimize any impacts to state and federally listed species and/or habitats through compliance with CEQA, the federal ESA, the CESA, and/or applicable local habitat conservation plans. The Project would, therefore, not conflict with applicable land use policies and regulations and would not contribute to cumulative impacts to land use.

Mineral Resources. No commercial mineral resources are known to exist within the proposed Project site or vicinity. Therefore, the proposed Project would not result in the loss of availability of a known mineral resource. The Project would not contribute to potential cumulative impacts that may result in the loss of mineral resources.

Noise. The proposed Project is not expected to contribute to a long-term cumulative impact on ambient noise levels in the area. Noise from construction activities would be audible to nearby office buildings, but construction would be limited to daytime hours and would be short-term. There are no sensitive receptors within one half mile of the Project. It is assumed that the cumulative projects would also be constructed during daytime. There would be a limited potential for the Projects to have overlapping construction schedules for an extended duration that could result in substantial levels of combined construction noise.

They are not in close proximity to the KRS BESS site such that noise from one project would combine with that of another project to create a nuisance. These projects are not likely to combine with noise generated from the construction of the KRS BESS Project to create significant adverse effects since noise reduces rapidly with distance.

Population and Housing. The proposed Project would not result in impacts to population and housing.

During its construction, the Project would provide short-term jobs for a small workforce. Construction workers would be contracted workers from the region. These jobs are not anticipated to result in workers relocating to the area. The Project would not displace any existing housing or people. The proposed Project, combined with the cumulative projects will have the potential to increase the population in the area due to increased job or housing opportunities. The proposed Project itself can facilitate future planned growth by ensuring a reliable and flexible electricity grid in the area. While the development of these properties may induce some population growth, this has already been accounted for through the General Plan for the City of Santa Clara. The KRS BESS Project is proposed to increase system reliability and to serve planned growth in the area. The project’s population and housing impacts would be less than significant and are not considerable enough to represent a significant cumulative impact.

Public Services. The proposed Project would not interrupt fire or police protection services, schools, access to public parks, or other public facilities nor would it require the construction of new public service facilities. The completion of the Projects in the vicinity may have the potential to also increase the demand for public services and public facilities, including schools, parks, and fire and police protection. However, KIFER RECEIVING STATION BESS PROJECT 5.22. MANDATORY FINDINGS OF SIGNIFICANCE JULY 2023 5.22-6 FINAL MND/INITIAL STUDY
impacts from the KRS BESS Project on public services would be incremental and would not contribute to a cumulatively significant impact.

Recreation. Although some workers may use nearby park facilities during Project construction; increased use would be minimal and temporary and would not contribute substantially to the physical deterioration of existing facilities. The cumulative projects also have the potential to increase use of park facilities, but the increased use would also be minimal. The projects would have less than significant effects on recreation and would not contribute to cumulative effects associated with other projects.

Transportation and Traffic. Construction of the proposed Project would have the potential for temporary impacts to traffic volumes, road hazards, and emergency access. Use of local roads for transport of construction equipment and construction personnel would increase traffic slightly but would be temporary and short-term and would not exceed existing capacities. Impacts due to traffic and temporary lane closures as a result of the construction of the proposed Project would be reduced to a less than significant level with implementation of mitigation measure MM T-1 (Construction Traffic Control Plan) discussed in Section 5.17, Transportation and Traffic. Impacts from the proposed Project, combined with construction of the cumulative projects would have the potential to cumulatively impact transportation and traffic in the surrounding area; however, the construction schedules of the Projects and that of the proposed Project would be variable. The potential for the planned and current projects in the vicinity to require lane closures simultaneously would be a remote possibility and would be limited in duration and location.

Adherence to mitigation measure MM T-1 (Construction Traffic Control Plan) would ensure that the proposed Project’s cumulative impacts to traffic and transportation would be incremental, short-term, and less than significant.

Tribal Cultural Resources. There are no known Tribal Cultural Resources (TCRs) listed in, or are known to be eligible for listing in, the California Register of Historical Resources (CRHR) or local register of historical resources within the proposed Project site or surrounding area. However, it is possible that previously unidentified TCRs that may be eligible for inclusion in the CRHR or local registers could be discovered and damaged, or destroyed, during ground disturbance, which would constitute a significant impact absent mitigation. Implementation of mitigation measure MM TCR-1 (Management of Unanticipated Tribal Cultural Resources), discussed in Section 5.18 (Tribal Cultural Resources), would ensure evaluation and protection of unanticipated TCR discoveries. Adherence to this mitigation measure would ensure that no tribal cultural resources would be affected during Project construction or during operation of the Project, and no contribution to cumulative impacts would occur.

Utilities and Service Systems. The construction of the proposed Project would temporarily require a minimal water supply and would potentially generate wastewater that would be appropriately treated.

Construction would require the disposal of a less than significant amount of all types of waste. No expanded utility facilities or services would be needed for the Project and use and disposal of all water and waste products would comply with all applicable laws and regulations. Operation and maintenance of the KRS BESS Project would not require extensive water consumption, as stated in Section 5.19. Therefore, a less than significant contribution to cumulative impacts to utilities and service systems would occur.

Corona and Induced Current Effects. None of the planned or current projects in the vicinity of the proposed Project would be sensitive to corona or induced current effects. The proposed Project will not contribute to a cumulative impact to corona and induced current effects. c. Does the project have environmental effects, which would cause substantial adverse effects on human beings, either directly or indirectly?
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The proposed Project would not substantially adversely affect human beings directly or indirectly. The Initial Study identified no environmental effects that would KIFER RECEIVING STATION BESS PROJECT 5.22. MANDATORY FINDINGS OF SIGNIFICANCE JULY 2023 5.22-7 FINAL MND/INITIAL STUDY
cause substantial adverse effects on human beings. Adverse effects would be mitigated by implementation of mitigation measures and, in most instances, would be short-term construction impacts. Each type of impact with the potential to cause substantial adverse effects on human beings has been evaluated, and this Initial Study concludes that all of these potential impacts are either less than significant or can be mitigated to a less than significant level with the implementation of measures presented herein. (See Section 6, Mitigation Monitoring and Reporting Program, for a complete listing of the mitigation measures.) Therefore, the proposed Project does not involve any activities, either during construction or operation, which would cause significant adverse effects on human beings that cannot be readily mitigated to a less than significant level. The proposed operation and maintenance activities would be the similar to current operation and maintenance practices for similar facilities, which have minimal impacts on human beings. The potential beneficial effects of the Project include improving the reliability and flexibility of the existing transmission system in the City of Santa Clara.

KIFER RECEIVING STATION BESS PROJECT 5.22. MANDATORY FINDINGS OF SIGNIFICANCE JULY 2023 6-1 FINAL MND/INITIAL STUDY

6. MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) will be used by the City of Santa Clara and SVP to ensure that the mitigation measures adopted as a condition of project approval are implemented.

The MMRP is consistent with CEQA Guidelines (Sections 15074(d), 15091(d), and 15097) for the implementation of mitigation.

SVP will be responsible for monitoring the implementation of the mitigation measures presented in Table 6-1).

SVP will designate specific personnel to implement and document all aspects of the MMRP. SVP will ensure that the designated personnel have authority to enforce mitigation requirements and will be capable of terminating Project construction activities found to be inconsistent with mitigation objectives. Additionally, SVP will be responsible for ensuring that construction personnel understand their responsibility to adhere to the MMRP requirements and other contractual requirements related to the implementation of mitigation.

KIFER RECEIVING STATION BESS PROJECT 6. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6-2 FINAL MND/INITIAL STUDY
Table 6-1. Mitigation Monitoring Plan
Impact
Category
Mitigation Measure Monitoring Requirement Timing of Action Air Quality
ConstructionPhase Air QualityMM AQ-1. Implement Basic Construction Air Quality Mitigation The Project shall ensure that basic construction emissions control measures are implemented as “Best Management Practices,” as follows:
▪ All exposed soil surfaces (e.g., parking areas, staging areas, soil piles, and graded areas) shall be watered two times per day.
▪ All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
▪ All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.

The use of dry power sweeping is prohibited.
▪ All areas to be paved shall be completed as soon as possible. Foundation pads shall be laid as soon as possible after grading.
▪ Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage regarding idling shall be provided for construction workers at all access points. ▪ All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
▪ Post a publicly visible sign with the telephone number and person to contact at SVP regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

Emissions from construction
equipment exhaust are
reduced
During construction
Biological Resources
Nesting Birds MM BIO-1. Biological Monitoring. A qualified biologist will be assigned to the Project and will monitor the Project periodically. The qualified biologist will be the point of contact for any employee or contractor who might inadvertently kill or injure a special-status species or anyone who finds a dead, injured, or entrapped individual. The qualified biologist or bio-logical monitor shall have the authority and responsibility to halt any project activities that are not in compliance with applicable mitigation measures, permit conMonitor implementation of specified biological monitor
activities
Prior to and during
construction
KIFER RECEIVING STATION BESS PROJECT 6. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6-3 FINAL MND/INITIAL STUDY
Table 6-1. Mitigation Monitoring Plan
ditions, or other Project requirements, or will have an unauthorized adverse effect on biological resources.

Nesting Birds MM BIO-2. Worker Environmental Awareness Training. Prior to construction, a construction employee education program will be conducted in reference to all sensitive environmental resources potentially affected by site work (e.g., air quality, biological resources, cultural resources, hydrology and water quality, hazardous materials) and the measures associated with their protection (i.e., mitigation measures and applicable laws and regulations).

Review and attend construction employee education
program and monitor
training implementation
Prior to construction
Nesting Birds MM BIO-3. Preconstruction Nesting Bird Surveys and Nest Protection. During the nesting season (February 1 to August 31), preconstruction nesting bird surveys shall be conducted on the site and vicinity by a qualified biologist no more than 7 days before any work activities are performed. A Preconstruction nesting bird survey shall also be required prior to any vegetation removal or trimming that occurs during the nesting season. Surveyors will search for all potential nest types (e.g., ground, cavity, shrub/tree, structural, etc.) and determine whether the nest is active. A nest will be determined to be active if eggs or young are present in the nest. Upon discovery of active nests, Silicon Valley Power’s biological monitor will determine if there is need for a buffer or shield to minimize disturbance of the nest. Upon this determination and execution of any required minimization action, work may proceed. The extent of mitigation will be based upon: acclimation of the species or individual to disturbance, nest type (cavity, tree, ground, etc.), and level and duration of construction activity. If there is a period of 7 or more days during nesting season in which construction does not occur, a new survey shall be undertaken to determine if any nests have been established.

In the unlikely event a special-status or listed species is found nesting nearby, CDFW and USFWS will be notified and the City of Santa Clara will be provided with nest survey results, if requested. When active nests are identified, monitoring for significant disturbance to the birds will be implemented.

Ensure preconstruction bird
nesting surveys are conducted and monitor for
significant disturbance to
birds if nests are identified
No more than 7 days
before planned
construction work
Cultural Resources
Unanticipated
Discoveries of
Historical Resources
or Unique
Archaeological
Resources
MM CR-1. Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources. SVP shall conduct a worker environmental awareness program (WEAP) for Project personnel who, during the course of Project work, might encounter or alter historical resources or important/unique archaeological materials. This program may be combined with any similar required program, such as for biological resources. The WEAP may include a kickoff tailgate session that describes Review and attend worker
environmental awareness
program; Monitor implementation of unanticipated
discovery protocols
Prior to construction
and during
construction
KIFER RECEIVING STATION BESS PROJECT 6. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6-4 FINAL MND/INITIAL STUDY
Table 6-1. Mitigation Monitoring Plan
how to identify cultural resources and what to do if an unanticipated discovery is made during construction, presents site avoidance requirements and procedures to be followed if unanticipated cultural resources are discovered during Project construction, and includes a discussion of disciplinary and other actions that could be taken against persons violating historic preservation laws and SVP policies.

If previously unidentified cultural resources are identified during construction, construction work within 100 feet of the find shall be halted and directed away from the discovery until a Secretary of the Interior qualified archaeologist assesses the significance of the resource. The archaeologist, in consultation with the City of Santa Clara, State Historic Preservation Officer, any interested Tribes, and any other responsible public agency, shall make the necessary plans for treatment of the find(s) and for the evaluation and mitigation of impacts if the finds are found to be eligible to the National or California Registers, qualify as a unique archaeological resource under California Environmental Quality Act Section 21083.2, or are determined to be tribal cultural resource as defined in Section 21074.

Unanticipated
Discoveries of Human
Remains
MM CR-2. Treatment of Human Remains. Any human remains discovered are to be treated with respect and dignity. Upon discovery of human remains, all work within 50 feet of the discovery area must cease immediately, nothing is to be disturbed, and the area must be secured. The Santa Clara County Coroner’s Office must be called. The Coroner has two working days to examine the remains after notification. The appropriate land manager/owner of the site is to be called and informed of the discovery. If the remains are located on federal lands, federal land managers, federal law enforcement, and the federal archaeologist must be informed as well, due to complementary jurisdiction issues. It is very important that the suspected remains, and the area around them, are undisturbed and the proper authorities called to the scene as soon as possible, as it could be a crime scene. The Coroner will determine if the remains are archaeological/ historic or of modern origin and if there are any criminal or jurisdictional questions.

After the Coroner has determined the remains are archaeological/historicera, the Coroner will make recommendations concerning the treatment and disposition of the remains to the person responsible for the excavation, or to his or her authorized representative. If the Coroner believes the remains to be those of a Native American, he/she shall contact the Native American Heritage Commission (NAHC) by telephone within 24 hours.

Monitor implementation of
human remain discovery
protocols
During construction
KIFER RECEIVING STATION BESS PROJECT 6. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6-5 FINAL MND/INITIAL STUDY
Table 6-1. Mitigation Monitoring Plan
The NAHC will immediately notify the person it believes to be the most likely descendant (MLD) of the remains. The MLD has 48 hours to make recommendations to the landowner for treatment or disposition of the human remains. If the descendant does not make recommendations within 48 hours, the landowner shall reinter the remains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendant may request mediation by NAHC.

According to the California Health and Safety Code, six (6) or more human burials at one (1) location constitute a cemetery (Section 8100), and willful disturbance of human remains is a felony (Section 7052).

Geology and Soils
Geologic and Seismic
Hazards
MM G-1. Conduct Geotechnical Investigations. Because seismically induced liquefaction-related ground failure has the potential to damage or destroy Project components, design-level geotechnical investigation for the Project shall be performed by SVP and shall include investigations designed to assess the potential for geologic and seismic hazards, and specifically include evaluation of potential for liquefaction and expansive soils to affect the BESS system components and the 60 kV line at the Project site. Where liquefaction or expansive soils hazards are found to exist/verified, appropriate engineering design and construction measures shall be incorporated into the Project designs as deemed appropriate by the Project engineer. Finalized Project design incorporating geotechnical recommendations shall be submitted to the City 60 days prior to Project construction.

Ensure a design-level geotechnical investigation is
performed
At least 60 days
before final Project
design
Unanticipated
Discoveries of
Paleontological
Resources
MM G-2. Worker Training and Management of Paleontological Resources. A paleontologist must be retained who meets the professional paleontologist qualifications (Society of Vertebrate Paleontology’s Standard Procedures, 2010) and has demonstrated experience in carrying paleontological projects to completion. The qualified professional paleontologist shall prepare a Paleontological Worker Environmental Awareness Program (WEAP), and training shall be provided for all staff who will be onsite during excavations. The WEAP shall show what local Pleistocene fossils look like in general, where they may appear in the Project, and how to proceed should material suspected to be a fossil is encountered.

The qualified paleontologist must develop and implement a Paleontological Resources Management Plan (PRMP) for the Project area that meets the Review Paleontological
Resource Monitoring
Program; Monitor
implementation of Program
Prior to construction
and during
construction
KIFER RECEIVING STATION BESS PROJECT 6. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6-6 FINAL MND/INITIAL STUDY
Table 6-1. Mitigation Monitoring Plan
standards set forth by the Society of Vertebrate Paleontology (2010). This PRMP shall include:
▪ A monitoring plan for ground disturbing activities that provides the monitor(s) with the authority to temporarily halt or divert equipment. The Paleontologist shall determine a suitable monitoring schedule based on construction activities and anticipated depth of ground disturbance.

Monitors shall be onsite for any disturbance of sediments with high or unknown paleontological sensitivity. Monitors must have demonstrated sufficient paleontological training and field experience to have acceptable knowledge and experience of fossil identification, salvage and collection methods, paleontological techniques, and stratigraphy.
▪ A recovery plan for significant fossils that provides for the treatment of specimens to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. ▪ A specimen identification, analysis, and curation plan that includes identification to the lowest taxonomic level possible; taxonomic, taphonomic, and biostratigraphic analysis; and curation to the standards of the repository where they will be curated.

Hazards and Hazardous Materials
Hazardous
Substances Control
MM HM 1. Hazardous Substance Control and Emergency Response. SVP shall implement its hazardous substance control and emergency response. procedures as needed. These procedures identify methods and techniques to minimize the exposure of the public and site workers to potentially hazardous materials during all phases of Project construction through operation. They address worker training appropriate to the site worker’s role in hazardous substance control and emergency response. The procedures also require implementing appropriate control methods and approved containment and spill-control practices for construction and materials stored on site. If it is necessary to store chemicals on site, they shall be managed in accordance with all applicable regulations. Material safety data sheets shall be maintained and kept available on site, as applicable.

No known soil contamination was identified within the Project area, however historic groundwater contamination has occurred at the site and at upgradient sites (SWRCB, 2023b though f). In the event that soils, or groundwater suspected of being contaminated (on the basis of visual, olfactory, or other evidence) are removed/encountered during site grading or excavation activCollect and analyze soil samples and, if contamination is discovered, ensure
that construction activities
are conducted according to
SVP’s hazardous substance
control and emergency
response procedures
Prior to construction
and during
construction
KIFER RECEIVING STATION BESS PROJECT 6. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6-7 FINAL MND/INITIAL STUDY
Table 6-1. Mitigation Monitoring Plan
ities or dewatering activities, the excavated soil and/or extracted groundwater shall be tested and, if contaminated above hazardous waste levels, shall be contained and either treated or disposed of at a licensed waste facility. The presence of known or suspected contaminated soil or groundwater shall require testing and investigation procedures to be supervised by a qualified person, as appropriate, to meet state and federal regulations.

All hazardous materials and hazardous wastes shall be handled, stored, and disposed of in accordance with all applicable regulations, by personnel qualified to handle hazardous materials. The hazardous substance control and emergency response procedures include, but are not limited to, the following:
▪ Proper disposal of potentially contaminated soils.
▪ Establishing site-specific buffers for construction vehicles and equipment located near sensitive resources.
▪ Emergency response and reporting procedures to address hazardous material spills.
▪ Stopping work at that location and contacting the City Fire Department Hazardous Materials Division immediately if visual contamination or chemical odors are detected. Work will be resumed at this location after any necessary consultation and approval by the Hazardous Materials Division.

SVP shall complete its Emergency Action Plan Form as part of Project tailboard meetings. The purpose of the form is to gather emergency contact numbers, identify first aid locations and provide other tailboard safety information.

Asbestos and Lead
Testing and Removal
MM HM-2. Asbestos and Lead Based Paint Testing and Removal. The Project would implement the following measures to reduce impacts due to the presence of unknown ACMs and/or LBP in the structure to be demolished:
▪ In conformance with State and local laws, a visual inspection/predemolition survey, and sampling and testing, shall be conducted prior to the demolition of the on-site building to determine the presence of asbestoscontaining materials and/or lead-based paint, and to determine appropriate handling and disposal requirements. ▪ Prior to demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, California Code of Regulations (CCR) 1523.1. Employee Sample and test the on-site
building. if asbestos and/or
lead is discovered, ensure
that demolition activities are
conducted according to the
outlined procedures.

Prior to construction
and during
demolition
KIFER RECEIVING STATION BESS PROJECT 6. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6-8 FINAL MND/INITIAL STUDY
Table 6-1. Mitigation Monitoring Plan
training, employee air monitoring, and dust control shall be conducted during demolition also in accordance with this Standard. Any debris or soil containing lead-based paint or coatings would be disposed of at landfills that meet acceptance criteria for the waste being disposed. ▪ All potentially friable ACMs shall be removed in accordance with NESGAP guidelines prior to any building demolition or renovation that may disturb the materials. All demolition activities will be undertaken in accordance with Cal/OSHA standards contained in Title 8 of CCR, Section 1529, to protect workers from exposure to asbestos.
▪ A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.
▪ Materials containing more than one percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations.

Removal of materials containing more than one percent asbestos shall be completed in accordance with BAAQMD requirements.

Hydrology and Water Quality
Water Quality MM HYD-1. SWPPP or Erosion Control Plan Development and Implementation. Following Project approval, SVP will prepare and implement a SWPPP, if required by State law, or erosion control plan to minimize construction impacts on surface water and groundwater quality. Implementation of the SWPPP or erosion control plan will help stabilize graded areas and reduce erosion and sedimentation. The plan will designate BMPs that will be adhered to during construction activities. Erosion and sediment control measures, such as straw wattles, covers, and silt fences, will be installed before the onset of winter rains or any anticipated storm events. Suitable stabilization measures will be used to protect exposed areas during construction activities, as necessary. During construction activities, measures will be in place to prevent contaminant discharge.

The Project SWPPP or erosion control plan will include erosion control and sediment transport BMPs to be used during construction. BMPs, where applicable, will be designed by using specific criteria from recognized BMP design guidance manuals. Erosion-minimizing efforts may include measures such as properly containing stockpiled soils.

Erosion control measures identified will be installed in an area before construction begins during the wet season and before the onset of winter rains or any anticipated storm events. Temporary measures such as silt fences or Ensure a SWPPP is prepared
and implemented, or if a
SWPPP is not required, ensure that an erosion control
plan is developed and implemented to minimize construction impacts on surface water and groundwater
quality
Prior to and during
construction
KIFER RECEIVING STATION BESS PROJECT 6. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6-9 FINAL MND/INITIAL STUDY
Table 6-1. Mitigation Monitoring Plan
wattles, intended to minimize sediment transport from temporarily disturbed areas, will remain in place until disturbed areas have stabilized. The plan will be updated during construction as required by the SWRCB.

A worker education program shall be established for all field personnel prior to initiating fieldwork to provide training in the appropriate application and construction of erosion and sediment control measures contained in the SWPPP. This education program will also discuss appropriate hazardous materials management and spill response. Compliance with these requirements will be ensured by the on-site construction contractor.

Traffic/Transportation
Traffic Control MM T-1. Construction Traffic Control Plan. Prior to the start of construction, Ameresco shall prepare and submit a Construction Traffic Control Plan for review and approval to the City of Santa Clara (City) Planning Department for public roads and transportation facilities that would be directly affected by the construction activities and/or would require permits and approvals.

Ameresco shall submit the Construction Traffic Control Plan to the City prior to conducting activities covered in the traffic control permits. The Construction Traffic Control Plan shall include, but not be limited to:
▪ Identification of any routes that would require lane closures or detours to accommodate material and equipment deliveries and methods to ensure safety.
▪ Avoidance of peak travel hours (8:00 10:00 a.m. and 4:00 6:00 p.m.) to the maximum extent feasible.
▪ Plans to coordinate in advance with emergency service providers to avoid restricting the movements of emergency vehicles. Police departments and fire departments shall be notified in advance by Ameresco of the proposed locations, nature, timing, and duration of any roadway disruptions, and shall be advised of any access restrictions that could impact their effectiveness. At locations where roads will be blocked, provisions shall be ready at all times to accommodate emergency vehicles.
▪ Plans to coordinate in advance with property owners, if any, that may have limited access to properties.

Ensure that a Construction
Traffic Control Plan is submitted by Ameresco and
approved by the City of Santa
Clara
Prior to construction
KIFER RECEIVING STATION BESS PROJECT 6. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6-10 FINAL MND/INITIAL STUDY
Table 6-1. Mitigation Monitoring Plan
Tribal Cultural Resources
Unanticipated Tribal
Cultural Resources
MM TCR 1. Management of Unanticipated Tribal Cultural Resources. During project-level construction, should subsurface tribal cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist and an authorized tribal representative shall be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5 and Section 21074. If any find is determined to be significant, the archaeologistshall determine, in consultation with the implementing agency and any local Native American groups expressing interest, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to tribal cultural resources. Methods of avoidance may include, but shall not be limited to, Project reroute or redesign, Project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures, such as data recovery or other appropriate measures, in consultation with the implementing agency and any local Native American representatives expressing interest in the tribal cultural resource.

Confirm that all activity in the
vicinity of a found subsurface
tribal cultural resource is
ceased and that an authorized tribal representative is contacted
During construction
KIFER RECEIVING STATION BESS PROJECT 7. REFERENCES
JULY 2023 7-1 FINAL MND/INITIAL STUDY

7. REFERENCES

7.1. Aesthetics
Caltrans. 2023. California State Scenic Highway System Map. https://caltrans.maps.arcgis.com/apps/ webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa. Accessed February 17, 2023.

City of Santa Clara. 2014. City of Santa Clara 2010 2035 General Plan. City Council adopted on November 16, 2010. Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed February 6, 2023.

7.2. Agricultural Resources
DOC (California Department of Conservation). 2022. California Important Farmland Finder. https://maps. conservation.ca.gov/DLRP/CIFF/. Accessed February 17, 2023.

DOC 2017. State of California Williamson Act Contract Land Map. https://planning.lacity.org/eir/ HollywoodCenter/Deir/ELDP/(E)%20Initial%20Study/Initial%20Study/ Attachment%20B%20References/
California%20Department%20of%20Conservation%20Williamson%20Map%202016.pdf.

Accessed February 17, 2023/

7.3. Air Quality
ARB (Air Resources Board). 2016. Ambient Air Quality Standards Chart. https://ww2.arb.ca.gov/sites/ default/files/2020-07/aaqs2.pdf. Accessed February 7, 2023.

Aspen (Aspen Environmental Group). 2023. AQ and GHG Emissions Summary; Reports generated by CalEEMod. Version: 2020.4.0. Date: February 7, 2023.

BAAQMD. 2023. Air Quality Standards and Attainment Status. https://www.baaqmd.gov/about-airquality/research-and-data/air-quality-standards-and-attainment-status. Accessed February 2, 2023.

BAAQMD. 2017. CEQA Air Quality Guidelines. https://www.baaqmd.gov/~/media/files/planning-andresearch/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en&rev= 0d2d971e661d41f28a56953f1776bdde. Accessed February 3, 2023.

City of Santa Clara. 2014. City of Santa Clara 2010 2035 General Plan. City Council adopted on November 16, 2010. Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed February 6, 2023.

7.4. Biological Resources
City of Santa Clara. 2014. City of Santa Clara General Plan. City Council adopted on November 16, 2010.

Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed February 15, 2023.

7.5. Cultural Resources
Aspen Environmental Group (Aspen). 2023. Built Environment Evaluation Report for the Kifer Receiving Station Battery Energy Storage System Project. February 13, 2023.

KIFER RECEIVING STATION BESS PROJECT 7. REFERENCES
JULY 2023 7-2 FINAL MND/INITIAL STUDY
Broek, J.O.M. 1932. The Santa Clara Valley, California: A Study in Landscape Changes. N.v.A. Oosthoek’s Utig. Maadtij, Utrecht.

Clark, M.R. 1989. Evaluative Archaeological Investigations at the San Bruno Mountain Mound Site, CA-SMA-40, South San Francisco, California. Report on file, Northwest Information Center, Sonoma State University, Rohnert Park, CA.

Cutter, D.C. 1978. Plans for the Occupation of Upper California: A New Look at the “Dark Age” from 1602 to 1769. Journal of San Diego History 24(1):78-90.

Findlay, J.M. and D.M. Garaventa. 1983. Archaeological Resources of Downtown San Jose: A Preliminary Planning Summary of Prehistoric and Historic Sites in the Central Business District. MS on file, S-5905, CHRIS/NWIC, CSU Sonoma, Rohnert Park.

Fitzgerald, R.T. and J. Porcasi. 2003. The Metcalf Site (CA-SCL-178) and Its Place in Early Holocene California Prehistory. Society for California Archaeology Newsletter 37(4):27-31.

Fitzgerald, R.T. 1991. Archaic Milling Cultures of the Southern San Francisco Bay Region. Archives of California Prehistory 35. Coyote Press, Salinas.

Hart, J.D. 1987. A Companion to California (revised and expanded). Oxford University Press, New York.

Heizer, R.F. 1952. A Review of Problems in the Antiquity of Man in California. In Symposium of the Antiquity of Man in California, pp. 1-10. Reports of the University of California Archaeological Survey No. 16:3-17.
_____. 1950. Observations on Early Man in California. In Papers on California Archaeology: 1-5, pp. 5-10.

Reports of the University of California Archaeological Survey No.7, Berkeley. _____. 1949. The Archaeology of Central California, L· The Early Horizon. University of California Anthropological Records. University of California Press, Berkeley. 12(1):1-84.

Heizer, R.F., and S.F. Cook. 1953. “Capay Man,” An Ancient Central California Indian Burial. In Papers on California Archaeology: 21-26, edited by Richard F. Heizer. Reports of the University of California Archaeological Survey 22:24-26, University of California, Berkeley, Department of Anthropology.

Hendry, G.W. and J.N. Bowman. 1940. The Spanish and Mexican Adobe and Other Buildings in the Nine San Francisco Bay Counties, 1776 to about 1850 (and associated maps). MS on file, Bancroft Library, University of California, Berkeley.

Hildebrandt, W.R. 1983. Archaeological Research of the Southern Santa Clara Valley Project: Based on a Data Recovery Program from Sites CA-SCl-54, CA-SCl-163, CA-SCl-178, CA-SCl-237, and CA-SCl-241 Located in the Route 101 Corridor, Santa Clara County, California. Submitted to California Department of Transportation, District 4, San Francisco. Report S-6369. On file at the Northwest Information Center, Sonoma State University, Rohnert Park, CA.

Levy, R. 1978. Costanoan. In California, edited by R.F. Heizer, Volume 8. Handbook of North American Indians, W.G. Sturtevant, general editor, pp. 485-497. Smithsonian Institution, Washington, D.C.

Lillard, J.B., R.F. Heizer, and F. Fenenga. 1939. An Introduction to the Archaeology of Central California.

Sacramento Junior College Department of Anthropology Bulletin 2. Board of Education of the Sacramento City Unified School District, Sacramento, California.

Meighan, C.W. 1965. Pacific Coast Archaeology. The Quaternary of the United States, edited by H.E.

Wright and D.G. Frey.

KIFER RECEIVING STATION BESS PROJECT 7. REFERENCES
JULY 2023 7-3 FINAL MND/INITIAL STUDY
Winther, J.C. 1935. Archaeological Investigations at CA-SCl-128, The Holiday Inn Site. For the Ohlone People and the Redevelopment Agency of the City of San Jose, California. MS on file, S-5281, CHRIS/NWIC, CSU Sonoma, Rohnert Park.

7.6. Energy
CEC (California Energy Commission). 2023a. 2021 Power Content Label for City of Santa Clara/Silicon Valley Power. https://www.energy.ca.gov/programs-and-topics/programs/power-sourcedisclosure/power-content-label/annual-power-content-2. Accessed February 15, 2023. _____. 2023b. Electricity Consumption by Entity. http://www.ecdms.energy.ca.gov/elecbyutil.aspx.

Accessed February 15, 2023.
_____. 2022. Final 2021 Integrated Energy Policy Report (IEPR), Volume II - Ensuring Reliability in a Changing Climate. https://efiling.energy.ca.gov/GetDocument.aspx?tn=241583. Accessed February 23, 2023.

CPUC (California Public Utilities Commission). 2008. Energy Action Plan, 2008 Update. February. http:// www.cpuc.ca.gov/eaps/. Accessed February 17, 2023.

City of Santa Clara. 2021. Utility Fact Sheet. Electric Utility: City of Santa Clara. January–December 2021. http://www.siliconvalleypower.com/svp-and-community/about-svp/utility-fact-sheet.. Accessed February 15, 2023
SVP (Silicon Valley Power). 2019. Revised 2018 Integrated Resource Plan for Silicon Valley Power. Adopted by the Santa Clara City Council, November 27, 2018. http://www.siliconvalleypower.com/svpand-community/about-svp/integrated-resource-plan. Accessed February 17, 2023.

7.7. Geology and Soils
CGS (California Geological Survey). 2023a. Earthquake Zones of Required Investigation. https://maps. conservation.ca.gov/cgs/EQZApp/app/. Accessed February 2023. _____. 2023b. Big California Earthquakes. https://www.conservation.ca.gov/cgs/earthquakes/significant.

Accessed February 2023.
_____. 2018. Earthquake Fault Zones, CGS Special Publication #42. https://www.conservation.ca.gov/cgs/ Documents/Publications/Special-Publications/SP_042.pdf. Accessed February 2023. _____. 2001. Seismic Hazard Zone Report for the Milpitas 7.5-Minute Quadrangle, Alameda and Santa Clara Counties, California. https://maps.conservation.ca.gov/cgs/EQZApp/app/.

City of Santa Clara. 2014. City of Santa Clara 2010-2035 General Plan. City Council adopted on November 16, 2010. Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed December 10, 2021. _____. 2011. City of Santa Clara Draft 2010-2035 General Plan: Integrated Final Environmental Impact Report. January 2011. http://santaclaraca.gov/home/showdocument?id=12900.

County of Santa Clara. 2012. “Santa Clara County Geologic Hazard Zones.” https://stgenpln.blob.core. windows.net/document/GEO_GeohazardATLAS.pdf. Accessed February 2023.

DWR (Department of Water Resources). 2023. Water Data Library Groundwater Levels. https://wdl.water. ca.gov/WaterDataLibrary/Map.aspx. Accessed February 2023.

KIFER RECEIVING STATION BESS PROJECT 7. REFERENCES
JULY 2023 7-4 FINAL MND/INITIAL STUDY
Dibblee, T.W., and Minch, J.A. 2005. Geologic map of the Milpitas Quadrangle, Alameda and Santa Clara and Counties, California: Dibblee Geological Foundation, Dibblee Foundation Map DF-1531, scale 1:24,000. https://ngmdb.usgs.gov/Prodesc/proddesc_71767.htm. Accessed February 2023.

Helley, E.J., 1990, Preliminary contour map showing elevation of surface of Pleistocene alluvium under Santa Clara Valley, California: U.S. Geological Survey Open-File Report 90-633, scale 1:24,000. https://pubs.er.usgs.gov/publication/ofr90633. Accessed February 2023.

NRCS (Natural Resources Conservation Service). 2023. Web Soil Survey, Project Area Map and Data. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed February 2023.

Society of Vertebrate Paleontology. 2010. Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources. https://vertpaleo.org/wp-content/uploads/2021/ 01/SVP_Impact_Mitigation_Guidelines-1.pdf. Accessed February 2023.

USGS (United States Geological Survey). 2023a. land Subsidence in California. https://www.usgs.gov/ centers/land-subsidence-in-california#:~:text=
The%20main%20cause%20of%20subsidence,groundwater%20aquifers%20and%20aquatic%20e cosystems. Accessed February 2023.
_____. 2023b. Earthquakes Hazard Program, Earthquake Catalog Search. https://earthquake.usgs.gov/ earthquakes/search/. Accessed February 2023.
_____. 2023c. Earthquake Hazards Program, 2008 National Seismic Hazard Maps - Source Parameters. https://earthquake.usgs.gov/cfusion/hazfaults_2008_search/query_main.cfm. Accessed February 2023.
_____. 2023d. USGS Quaternary Map Viewer, 2014 USGS National Seismic Hazard Maps - Peak Horizontal Acceleration with 2% Probability of Exceedance in 50 Years layer. https://usgs.maps.arcgis.com/ apps/webappviewer/index.html?id=5a6038b3a1684561a9b0aadf88412fcf. Accessed February 2023.

USGS and CGS (United States Geological Survey and California Geological Survey). 2023. Quaternary Fault and Fold Database of the United States KML files. https://www.usgs.gov/programs/earthquakehazards/faults. Downloaded February 2023.

Youd, T.L. and D.M. Perkins. 1978. Mapping Liquefaction Induced Ground Failure Potential, in the Proceedings of the American Society of Civil Engineers, Journal of the Geotechnical Engineering Division.

7.8. Greenhouse Gas Emissions
ARB (Air Resources Board). 2022. California’s Scoping Plan for Achieving Carbon Neutrality. November 16, 2022. .https://ww2.arb.ca.gov/sites/default/files/2022-12/2022-sp.pdf. Accessed February 22, 2023.
_____. 2021. California Greenhouse Gas Inventory for 2000-2019, by Category as Defined in the 2008 Scoping Plan. July. https://ww3.arb.ca.gov/cc/inventory/data/tables/ghg_inventory_ scopingplan_sum_2000-19.pdf. Accessed February 17, 2023.

Aspen (Aspen Environmental Group). 2023. AQ and GHG Emissions Summary; Reports generated by CalEEMod. Version: 2020.4.0. Date: February 7, 2023.

BAAQMD. 2017. CEQA Air Quality Guidelines. https://www.baaqmd.gov/~/media/files/planning-andresearch/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en&rev= 0d2d971e661d41f28a56953f1776bdde. Accessed February 3, 2023.

KIFER RECEIVING STATION BESS PROJECT 7. REFERENCES
JULY 2023 7-5 FINAL MND/INITIAL STUDY
IPCC (Intergovernmental Panel on Climate Change). 2014. Drivers, Trends, and Mitigation; and Energy Systems. In: Climate Change 2014: Mitigation of Climate Change. Contribution of Working Group III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change. Cambridge University Press, Cambridge, United Kingdom, and New York, NY, USA.

OEHHA (Office of Environmental Health Hazard Assessment, California Environmental Protection Agency). 2018. Indicators of Climate Change in California. May.

UNFCCC (United Nations Framework Convention on Climate Change). 1998. Text of the Kyoto Protocol.

7.9. Hazards and Hazardous Materials
City of Santa Clara. 2010. City of Santa Clara General Plan – Chapter 5: Goals and Policies. https://www. santaclaraca.gov/home/showpublisheddocument/13934/635729106120730000. Accessed February 2023.

Conzen et al (Jens Conzen, Sunil Lakshmipathy, Anil Kapahi, Stefan Kraft, and Matthew DiDomizio). 2022.

Lithium ion battery energy storage systems (BESS) hazards, in Journal of Loss Prevention in the Process Industries Volume 81, February 2023, 104932. [Online]: https://www.sciencedirect.com/ science/article/abs/pii/S095042302200208X?via%3Dihub. Accessed March 2023.

DTSC (California Department of Toxic Substances Control). 2023a. EnviroStor Database. https://www. envirostor.dtsc.ca.gov/public/map/?myaddress=santa+clara. Accessed February 2023. _____. 2023b. EnviroStor database. “Cortese List Data Resources.” https://www.envirostor.dtsc.ca.gov/ public/search?CMD=search&ocieerp=&HWMP=False&business_name=santa+clara&main_ street_name=&city=&zip=&county=&censustract=&case_number=&apn=&Search=Get+Report.

Accessed February 2023.

OSFM (Office of the State Fire Marshal). 2023. Frequently Asked Questions About: 2022 Fire Hazard Severity Zones. https://osfm.fire.ca.gov/media/elnl5nft/2022-fhsz-faqs-jan-23-2023.pdf#2022_ FHSZ_Faqs_(Jan_23_2023). Accessed February 2023.
_____. 2022. Santa Clara County, State Responsibility Area Fire Hazard Severity Zones, dated November 21, 2022. https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/ wildfire-preparedness/fire-hazard-severity-zones/fire-hazard-severity-zones-map/. Accessed February 2023.

SWRCB (State Water Resources Control Board). 2023a. State Water Resources Control Board GeoTracker, https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=arnold+ave%2C+ santa+clara#. Accessed February 2023.
_____. 2023b. GeoTracker, OWENS-CORNING (SL18243664). https://geotracker.waterboards.ca.gov/ profile_report.asp?global_id=SL18243664. Accessed February 2023. _____. 2023c. GeoTracker, 715 COMSTOCK INDUSTRIAL PROPERTY (T10000018684). https://geotracker. waterboards.ca.gov/profile_report.asp?global_id=T10000018684. Accessed February 2023 _____. 2023d. GeoTracker, 651 WALSH PARTNERS LLC (T10000012412) https://geotracker.waterboards. ca.gov/profile_report.asp?global_id=T10000012412. Accessed February 2023. _____. 2023e. GeoTracker, MONSANTO (T0608591651). https://geotracker.waterboards.ca.gov/profile_ report.asp?global_id=T0608591651. Accessed February 2023 _____. 2023e. GeoTracker, PACIFIC BELL (T0608502404). https://geotracker.waterboards.ca.gov/profile_ report.asp?global_id=T0608502404. Accessed February 2023 KIFER RECEIVING STATION BESS PROJECT 7. REFERENCES
JULY 2023 7-6 FINAL MND/INITIAL STUDY

7.10. Hydrology and Water Quality
DWR (California Department of Water Resources). 2023. Bulletin 118 Groundwater Basin Lookup. https:// dwr.maps.arcgis.com/apps/Styler/index.html?appid=740d10eefd6148579321a3abcd065a36.

Accessed February 2023.
_____. 2003. Bulletin 118 Update 2003 – Basin Report 2_009_02. https://data.cnra.ca.gov/dataset/ bulletin-118-update-2003-basin-reports/resource/20296ca3-a155-4285-8786-b775b89b9033 City of Santa Clara. 2010. City of Santa Clara General Plan – Chapter 5: Goals and Policies. https://www. santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/generalplan. Accessed February 2023.

SWRCB (State Water Resources Control Board). 2023. Final California 2018 Integrated Report (303(d) List/305(b) Report), Supporting Information Regional Board 2 – San Francisco Bay Region, Water Body Name: Saratoga Creek. https://www.waterboards.ca.gov/water_issues/programs/water_ quality_assessment/2018_integrated_report.html. Accessed February 2023.

FEMA (Federal Emergency Management Agency). 2023. Online flood map 06085C0064H, effective 05/18/2009. https://hazards-fema.maps.arcgis.com/apps/webappviewer/index.html?id=8b0ad b51996444d4879338b5529aa9cd. Accessed February 2023.Land Use and Planning City of Santa Clara. 2014a. City of Santa Clara Zoning Map http://santaclaraca.gov/home/showdocument? id=756. Accessed February 17, 2023.
_____. 2014b. City of Santa Clara General Plan – Chapter 5: Goals and Policies. https://www.santaclaraca. gov/our-city/departments-a-f/community-development/planning-division/general-plan. Accessed February 17, 2023.

7.11. Mineral Resources
DOC (California Department of Conservation). 2023a. CGS Information Warehouse: Mineral Land Classification. https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map= mlc. Accessed February 15, 2023.
_____. 2023b. SMARA Statutes and Regulations. https://www.conservation.ca.gov/dmr/lawsand regulations. Accessed February 15, 2023..

USGS (United States Geological Survey). 2023. Mineral Resources Data System. https://mrdata.usgs.gov/ mrds/. Accessed February 15, 2023.

7.12. Noise
County of Santa Clara. 2016. Comprehensive Land Use Plan – Norman Y. Mineta San Jose International Airport. https://stgenpln.blob.core.windows.net/document/ALUC_SJC_CLUP.pdf. Accessed February 15, 2023.

City of Santa Clara. 2014. City of Santa Clara 2010 2035 General Plan. City Council adopted on November 16, 2010. Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed February 6, 2023.

FHWA (Federal Highway Administration). 2006. Roadway Construction Noise Model, User’s Guide.

January. http://www.fhwa.dot.gov/environment/noise/construction_noise/rcnm/rcnm.pdf.

Accessed February 6, 2023.

KIFER RECEIVING STATION BESS PROJECT 7. REFERENCES
JULY 2023 7-7 FINAL MND/INITIAL STUDY
OPR (Governor’s Office of Planning and Research). 2017. General Plan Guidelines: 2017 Update. Updated September 2017. http://www.opr.ca.gov/planning/general-plan/guidelines.html. Accessed February 6, 2023.

U.S. EPA (U.S. Environmental Protection Agency). 1974. Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety. No. 550/ 9-74-004, Washington, D.C.

7.13. Population and Housing
CA DOF (California Department of Finance). 2022. E-5: Population and Housing Estimates for Cities, Counties, and the State, January 2011-2017 with 2010 Census Benchmark https://dof.ca.gov/ forecasting/demographics/estimates/e-5-population-and-housing-estimates-for-cities-countiesand-the-state-2020-2022/. Accessed February 15, 2023.

CA EDD (California Employment Development Department). 2022. Labor Force and Unemployment Rate for Cities and Census Designated Places – 2016 Annual Average. https://labormarketinfo.edd.ca. gov/geography/santaclara-county.html. Accessed February 15, 2023.

City of Santa Clara. 2014a. City of Santa Clara General Plan – Chapter 5: Goals and Policies. http:// santaclaraca.gov/home/showdocument?id=13934. Accessed December 16, 2017. _____. 2014b. City of Santa Clara General Plan – Appendix 8.12 Housing Element. http://santaclaraca.gov/ home/showdocument?id=13932. Accessed December 16, 2017.

7.14. Public Services
City of Santa Clara, 2023. City of Santa Clara: Parks and Pools. https://missioncity.maps.arcgis.com/apps/ MapTour/index.html?appid=4c84d4f8913541cebd8a8ef3fc31a326&amp. Accessed February 17, 2023.

City of Santa Clara 2022. Santa Clara Police Department Fact Sheet. https://www.santaclaraca.gov/ourcity/departments-g-z/police-department/about-us/fact-sheet. Accessed February 17, 2023.

City of Santa Clara 2019. Santa Clara Police Department Divisions. https://www.santaclaraca.gov/our-city/ departments-g-z/police-department/about-us/divisions. Accessed February 17, 2023.

City of Santa Clara. 2014. City of Santa Clara 2010 2035 General Plan. City Council adopted on November 16, 2010. Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed February 6, 2023.

7.15. Recreation
City of Santa Clara, 2023. City of Santa Clara: Parks and Pools. https://missioncity.maps.arcgis.com/apps/ MapTour/index.html?appid=4c84d4f8913541cebd8a8ef3fc31a326&amp. Accessed February 17, 2023.

City of Santa Clara. 2014. City of Santa Clara 2010 2035 General Plan. City Council adopted on November 16, 2010. Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed February 6, 2023.

KIFER RECEIVING STATION BESS PROJECT 7. REFERENCES
JULY 2023 7-8 FINAL MND/INITIAL STUDY

7.16. Traffic and Transportation
City of Santa Clara. 2014. City of Santa Clara 2010 2035 General Plan. City Council adopted on November 16, 2010. Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed February 6, 2023. _____. 2013. “2013 City of Santa Clara Bicycle Map.” http://santaclaraca.gov/home/showdocument?id= 1326. Accessed February 6, 2023.
_____. 2011. City of Santa Clara Draft 2010-2035 General Plan: Integrated Final Environmental Impact Report. January 2011. http://santaclaraca.gov/home/showdocument?id=12900. Accessed February 6, 2023
Caltrans (California Department of Transportation). 2020. 2020 Traffic Volumes on California State Highways.” https://dot.ca.gov/programs/traffic-operations/census. Accessed February 15, 2023.

VTA (Valley Transit Authority). 2023. Routes. https://www.vta.org/go/routes. Accessed February 16, 2023.
_____. 2021. Valley Transit Authority Transit Map. October 11, 2021. https://www.vta.org/sites/default/ files/2021-10/VTA_MainMap_101121.pdf. Accessed February 16, 2023. _____. 2020. Santa Clara Valley Bikeways Map. June 2020. https://www.vta.org/sites/default/files/2020- 07/2020%20Bike%20Map_web_p2.pdf. Accessed February 16, 2023.

7.17. Tribal Cultural Resources
City of San Jose. 2011. Envision San Jose 2040 General Plan. Adopted November 1, 2011.

Golla, V. 2011. California Indian Languages. University of California Press, Berkeley.

King, C.D. 1977. Matalan Ethnohistory. In Final Report of Archaeological Test Excavations of Freeway 04-SCl-101, Post Mile 17.2/29.4, Cochrane Road to Ford Road, edited by S.A. Dietz. MS on file, S-4395, CHRIS/NWIC, CSU Sonoma, Rohnert Park.

Levy, R. 1978. Costanoan. In California, edited by R.F. Heizer, Volume 8. Handbook of North American Indians, W.G. Sturtevant, general editor, pp. 485-497. Smithsonian Institution, Washington, D.C.

Margolin, M. 1978. The Ohlone Way: Indian Life in the San Francisco - Monterey Bay Area. Heyday Books, Berkeley.

7.18. Utilities and Service Systems
Allconnect. 2022. Shop Plans in Santa Clara, CA for Zipcode 95051. https://www.allconnect.com/results/ providers?zip=95051. Accessed February 4, 2022.

City of Santa Clara. 2014. City of Santa Clara 2010 2035 General Plan. City Council adopted on November 16, 2010. Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed February 6, 2023.

City of Santa Clara. 2021. Utility Fact Sheet. Electric Utility: City of Santa Clara. January–December 2021. http://www.siliconvalleypower.com/svp-and-community/about-svp/utility-fact-sheet.. Accessed February 15, 2023
KIFER RECEIVING STATION BESS PROJECT 7. REFERENCES
JULY 2023 7-9 FINAL MND/INITIAL STUDY
City of San Jose. 2023. San Jose–Santa Clara Regional Wastewater Facility. https://www.sanjoseca.gov/ your-government/environment/water-utilities/regional-wastewater-facility. Accessed December 20, 2021.

CalRecycle, 2023a. Facility/Site Summary Details: Corinda Los Trancos Landfill (Ox Mtn) (41 AA 0002). https://www2.calrecycle.ca.gov/SolidWaste/Site/Summary/3223. Accessed February 17, 2023.

CalRecycle, 2023b. Facility/Site Summary Details: Guadalupe Sanitary Landfill (43-AN-0015). https:// www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/1376?siteID=3399. Accessed February 17, 2023.

CalRecycle, 2023c. Facility/Site Summary Details: Newby Island Sanitary Landfill (43 AN 0003). https:// www2.calrecycle.ca.gov/SolidWaste/Site/Summary/3388. Accessed February 17, 2023.

7.19. Wildfire
CAL FIRE (California Department of Forestry and Fire Protection). 2022. Fire Hazard Severity Zones map viewer. https://osfm.fire.ca.gov/divisions/community-wildfire-preparedness-and-mitigation/ wildfire-preparedness/fire-hazard-severity-zones/#explorefhsz. Accessed February 17, 2023.

7.20. Corona and Induced Current Effects
IEEE (Institute of Electrical and Electronic Engineers). 1979. J.E. Bridges and M.J. Frazier. The Effect of 60 Hertz Fields and Currents on Cardiac Pacemakers. Page 30.

KIFER RECEIVING STATION BESS PROJECT 8. COMMENTS AND COMMENT RESPONSES JULY 2023 8-10 FINAL MND/INITIAL STUDY

8. COMMENTS AND COMMENT RESPONSES
This section presents responses to the comment received during the public review period for the Mitigated Negative Declaration. SVP notified various State agencies, tribes, and the public of the intent to adopt the Mitigated Negative Declaration and received one comment.

The one comment received from the Santa Clara Valley Water District is included below. Minor revisions were made to the MND and supporting Initial Study based on the comments.

Comment Letter 1: Santa Clara Valley Water District
From: Colleen Haggerty <[email protected]>
Sent: Tuesday, May 16, 2023 4:21 PM
To: Sachin Bajracharya <[email protected]>
Cc: Matthew Sasaki <[email protected]>
Subject: SVP Kifer Receiving Station Battery Energy Storage System Project MND -Valley Water File 34950
Hi,
The Santa Clara Valley Water District (Valley Water) has reviewed the Draft Mitigation Negative Declaration (MND) and Initial Study (IS) for the Kifer Receiving Station Battery Energy Storage System (BESS) project located at 3025 Raymond Street in Santa Clara, received on April 27, 2023.

Based on our review, we have the following comments:

1. The discussion of flooding on page 5.10-2 should be updated to note that the Special Flood Hazard Zone AH has a base flood elevation of 32 feet at the site per the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) 06085C0064H, effective May 18, 2009. The discussion does not include the base flood elevation and only notes that the typically the flood depth is 1-3 feet.

2. Valley Water records indicate that there are known wells within the project boundary.

While Valley Water has records for most wells located in the County, it is always possible that a well exists that is not in Valley Water’s records. If previously unknown wells are found on the subject property during development, they must be properly destroyed under permit from Valley water or registered with Valley Water and protected from damage in accordance with Valley Water Ordinance 90-1.

3. Valley Water does not have any facilities or right of way within the project boundaries; therefore, in accordance with Valley Water’s Water Resources Protection Ordinance, a Valley Water encroachment permit is not required.

If you have any questions regarding the comments please contact Matt Sasaki at (408) 630-3776 or [email protected] and reference Valley Water File 34950.

Thank you,
Colleen Haggerty, PE
Senior Civil Engineer
Community Projects Review Unit Santa Clara Valley Water District 5750 Almaden Expressway, San Jose, CA 95118
(408) 630-2322 direct | (408)265-2600 main | [email protected] | www.valleywater.org * Mailing address for FedEx, UPS, Golden State, etc.

Winfield Warehouse-5905 Winfield Blvd. San Jose, CA 95123-2428 1-A
1-B
KIFER RECEIVING STATION BESS PROJECT 8. COMMENTS AND COMMENT RESPONSES JULY 2023 8-11 FINAL MND/INITIAL STUDY
The information contained in this email may be privileged, confidential and exempt from disclosure under applicable law. The information is intended only for the use of the individual or entity to which it is addressed. If you are not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, or are not the named recipient(s), please notify the sender immediately by reply email and delete this message from your computer. Thank you

8.1. Response to Santa Clara Valley Water District Comment Comment 1-A: The commentor for SCVWD notes that the discussion of flooding in the MND should be updated to include the base flood elevation of 32 feet.

The MND has been updated to reflect this comment.

Comment 1-B: The commentor for SCVWD notes that there are no known wells within the project boundary, and provides guidelines for the discovery of a previously unknown well. The commentor also notes that a Valley Water encroachment permit is not required.

This comment has been recorded, no change to the MND is required.

KIFER RECEIVING STATION BESS PROJECT Attachment 2. MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 1
Attachment 2. Mitigation Monitoring Plan
Impact
Category
Mitigation Measure Monitoring Requirement Timing of Action Air Quality
ConstructionPhase Air QualityMM AQ-1. Implement Basic Construction Air Quality Mitigation The Project shall ensure that basic construction emissions control measures are implemented as “Best Management Practices,” as follows:
▪ All exposed soil surfaces (e.g., parking areas, staging areas, soil piles, and graded areas) shall be watered two times per day.
▪ All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
▪ All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.

The use of dry power sweeping is prohibited.
▪ All areas to be paved shall be completed as soon as possible. Foundation pads shall be laid as soon as possible after grading.
▪ Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage regarding idling shall be provided for construction workers at all access points. ▪ All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
▪ Post a publicly visible sign with the telephone number and person to contact at SVP regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

Emissions from construction
equipment exhaust are
reduced
During construction
Biological Resources
Nesting Birds MM BIO-1. Biological Monitoring. A qualified biologist will be assigned to the Project and will monitor the Project periodically. The qualified biologist will be the point of contact for any employee or contractor who might inadvertently kill or injure a special-status species or anyone who finds a dead, injured, or entrapped individual. The qualified biologist or bio-logical monitor shall have the authority and responsibility to halt any project activities that are not in compliance with applicable mitigation measures, permit conMonitor implementation of specified biological monitor
activities
Prior to and during
construction

KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 2
Attachment 2. Mitigation Monitoring Plan
ditions, or other Project requirements, or will have an unauthorized adverse effect on biological resources.

Nesting Birds MM BIO-2. Worker Environmental Awareness Training. Prior to construction, a construction employee education program will be conducted in reference to all sensitive environmental resources potentially affected by site work (e.g., air quality, biological resources, cultural resources, hydrology and water quality, hazardous materials) and the measures associated with their protection (i.e., mitigation measures and applicable laws and regulations).

Review and attend construction employee education
program and monitor
training implementation
Prior to construction
Nesting Birds MM BIO-3. Preconstruction Nesting Bird Surveys and Nest Protection. During the nesting season (February 1 to August 31), preconstruction nesting bird surveys shall be conducted on the site and vicinity by a qualified biologist no more than 7 days before any work activities are performed. A Preconstruction nesting bird survey shall also be required prior to any vegetation removal or trimming that occurs during the nesting season. Surveyors will search for all potential nest types (e.g., ground, cavity, shrub/tree, structural, etc.) and determine whether the nest is active. A nest will be determined to be active if eggs or young are present in the nest. Upon discovery of active nests, Silicon Valley Power’s biological monitor will determine if there is need for a buffer or shield to minimize disturbance of the nest. Upon this determination and execution of any required minimization action, work may proceed. The extent of mitigation will be based upon: acclimation of the species or individual to disturbance, nest type (cavity, tree, ground, etc.), and level and duration of construction activity. If there is a period of 7 or more days during nesting season in which construction does not occur, a new survey shall be undertaken to determine if any nests have been established.

In the unlikely event a special-status or listed species is found nesting nearby, CDFW and USFWS will be notified and the City of Santa Clara will be provided with nest survey results, if requested. When active nests are identified, monitoring for significant disturbance to the birds will be implemented.

Ensure preconstruction bird
nesting surveys are conducted and monitor for
significant disturbance to
birds if nests are identified
No more than 7 days
before planned
construction work
Cultural Resources
Unanticipated
Discoveries of
Historical Resources
or Unique
Archaeological
Resources
MM CR-1. Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources. SVP shall conduct a worker environmental awareness program (WEAP) for Project personnel who, during the course of Project work, might encounter or alter historical resources or important/unique archaeological materials. This program may be combined with any similar required program, such as for biological resources. The WEAP may include a kickoff tailgate session that describes Review and attend worker
environmental awareness
program; Monitor implementation of unanticipated
discovery protocols
Prior to construction
and during
construction

KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 3
Attachment 2. Mitigation Monitoring Plan
how to identify cultural resources and what to do if an unanticipated discovery is made during construction, presents site avoidance requirements and procedures to be followed if unanticipated cultural resources are discovered during Project construction, and includes a discussion of disciplinary and other actions that could be taken against persons violating historic preservation laws and SVP policies.

If previously unidentified cultural resources are identified during construction, construction work within 100 feet of the find shall be halted and directed away from the discovery until a Secretary of the Interior qualified archaeologist assesses the significance of the resource. The archaeologist, in consultation with the City of Santa Clara, State Historic Preservation Officer, any interested Tribes, and any other responsible public agency, shall make the necessary plans for treatment of the find(s) and for the evaluation and mitigation of impacts if the finds are found to be eligible to the National or California Registers, qualify as a unique archaeological resource under California Environmental Quality Act Section 21083.2, or are determined to be tribal cultural resource as defined in Section 21074.

Unanticipated
Discoveries of Human
Remains
MM CR-2. Treatment of Human Remains. Any human remains discovered are to be treated with respect and dignity. Upon discovery of human remains, all work within 50 feet of the discovery area must cease immediately, nothing is to be disturbed, and the area must be secured. The Santa Clara County Coroner’s Office must be called. The Coroner has two working days to examine the remains after notification. The appropriate land manager/owner of the site is to be called and informed of the discovery. If the remains are located on federal lands, federal land managers, federal law enforcement, and the federal archaeologist must be informed as well, due to complementary jurisdiction issues. It is very important that the suspected remains, and the area around them, are undisturbed and the proper authorities called to the scene as soon as possible, as it could be a crime scene. The Coroner will determine if the remains are archaeological/ historic or of modern origin and if there are any criminal or jurisdictional questions.

After the Coroner has determined the remains are archaeological/historicera, the Coroner will make recommendations concerning the treatment and disposition of the remains to the person responsible for the excavation, or to his or her authorized representative. If the Coroner believes the remains to be those of a Native American, he/she shall contact the Native American Heritage Commission (NAHC) by telephone within 24 hours.

Monitor implementation of
human remain discovery
protocols
During construction

KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 4
Attachment 2. Mitigation Monitoring Plan
The NAHC will immediately notify the person it believes to be the most likely descendant (MLD) of the remains. The MLD has 48 hours to make recommendations to the landowner for treatment or disposition of the human remains. If the descendant does not make recommendations within 48 hours, the landowner shall reinter the remains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendant may request mediation by NAHC.

According to the California Health and Safety Code, six (6) or more human burials at one (1) location constitute a cemetery (Section 8100), and willful disturbance of human remains is a felony (Section 7052).

Geology and Soils
Geologic and Seismic
Hazards
MM G-1. Conduct Geotechnical Investigations. Because seismically induced liquefaction-related ground failure has the potential to damage or destroy Project components, design-level geotechnical investigation for the Project shall be performed by SVP and shall include investigations designed to assess the potential for geologic and seismic hazards, and specifically include evaluation of potential for liquefaction and expansive soils to affect the BESS system components and the 60 kV line at the Project site. Where liquefaction or expansive soils hazards are found to exist/verified, appropriate engineering design and construction measures shall be incorporated into the Project designs as deemed appropriate by the Project engineer. Finalized Project design incorporating geotechnical recommendations shall be submitted to the City 60 days prior to Project construction.

Ensure a design-level geotechnical investigation is
performed
At least 60 days
before final Project
design
Unanticipated
Discoveries of
Paleontological
Resources
MM G-2. Worker Training and Management of Paleontological Resources. A paleontologist must be retained who meets the professional paleontologist qualifications (Society of Vertebrate Paleontology’s Standard Procedures, 2010) and has demonstrated experience in carrying paleontological projects to completion. The qualified professional paleontologist shall prepare a Paleontological Worker Environmental Awareness Program (WEAP), and training shall be provided for all staff who will be onsite during excavations. The WEAP shall show what local Pleistocene fossils look like in general, where they may appear in the Project, and how to proceed should material suspected to be a fossil is encountered.

The qualified paleontologist must develop and implement a Paleontological Resources Management Plan (PRMP) for the Project area that meets the Review Paleontological
Resource Monitoring
Program; Monitor
implementation of Program
Prior to construction
and during
construction

KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 5
Attachment 2. Mitigation Monitoring Plan
standards set forth by the Society of Vertebrate Paleontology (2010). This PRMP shall include:
▪ A monitoring plan for ground disturbing activities that provides the monitor(s) with the authority to temporarily halt or divert equipment. The Paleontologist shall determine a suitable monitoring schedule based on construction activities and anticipated depth of ground disturbance.

Monitors shall be onsite for any disturbance of sediments with high or unknown paleontological sensitivity. Monitors must have demonstrated sufficient paleontological training and field experience to have acceptable knowledge and experience of fossil identification, salvage and collection methods, paleontological techniques, and stratigraphy.
▪ A recovery plan for significant fossils that provides for the treatment of specimens to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. ▪ A specimen identification, analysis, and curation plan that includes identification to the lowest taxonomic level possible; taxonomic, taphonomic, and biostratigraphic analysis; and curation to the standards of the repository where they will be curated.

Hazards and Hazardous Materials
Hazardous
Substances Control
MM HM 1. Hazardous Substance Control and Emergency Response. SVP shall implement its hazardous substance control and emergency response. procedures as needed. These procedures identify methods and techniques to minimize the exposure of the public and site workers to potentially hazardous materials during all phases of Project construction through operation. They address worker training appropriate to the site worker’s role in hazardous substance control and emergency response. The procedures also require implementing appropriate control methods and approved containment and spill-control practices for construction and materials stored on site. If it is necessary to store chemicals on site, they shall be managed in accordance with all applicable regulations. Material safety data sheets shall be maintained and kept available on site, as applicable.

No known soil contamination was identified within the Project area, however historic groundwater contamination has occurred at the site and at upgradient sites (SWRCB, 2023b though f). In the event that soils, or groundwater suspected of being contaminated (on the basis of visual, olfactory, or other evidence) are removed/encountered during site grading or excavation activCollect and analyze soil samples and, if contamination is discovered, ensure
that construction activities
are conducted according to
SVP’s hazardous substance
control and emergency
response procedures
Prior to construction
and during
construction

KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 6
Attachment 2. Mitigation Monitoring Plan
ities or dewatering activities, the excavated soil and/or extracted groundwater shall be tested and, if contaminated above hazardous waste levels, shall be contained and either treated or disposed of at a licensed waste facility. The presence of known or suspected contaminated soil or groundwater shall require testing and investigation procedures to be supervised by a qualified person, as appropriate, to meet state and federal regulations.

All hazardous materials and hazardous wastes shall be handled, stored, and disposed of in accordance with all applicable regulations, by personnel qualified to handle hazardous materials. The hazardous substance control and emergency response procedures include, but are not limited to, the following:
▪ Proper disposal of potentially contaminated soils.
▪ Establishing site-specific buffers for construction vehicles and equipment located near sensitive resources.
▪ Emergency response and reporting procedures to address hazardous material spills.
▪ Stopping work at that location and contacting the City Fire Department Hazardous Materials Division immediately if visual contamination or chemical odors are detected. Work will be resumed at this location after any necessary consultation and approval by the Hazardous Materials Division.

SVP shall complete its Emergency Action Plan Form as part of Project tailboard meetings. The purpose of the form is to gather emergency contact numbers, identify first aid locations and provide other tailboard safety information.

Asbestos and Lead
Testing and Removal
MM HM-2. Asbestos and Lead Based Paint Testing and Removal. The Project would implement the following measures to reduce impacts due to the presence of unknown ACMs and/or LBP in the structure to be demolished:
▪ In conformance with State and local laws, a visual inspection/predemolition survey, and sampling and testing, shall be conducted prior to the demolition of the on-site building to determine the presence of asbestoscontaining materials and/or lead-based paint, and to determine appropriate handling and disposal requirements. ▪ Prior to demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, California Code of Regulations (CCR) 1523.1. Employee Sample and test the on-site
building. if asbestos and/or
lead is discovered, ensure
that demolition activities are
conducted according to the
outlined procedures.

Prior to construction
and during
demolition

KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 7
Attachment 2. Mitigation Monitoring Plan
training, employee air monitoring, and dust control shall be conducted during demolition also in accordance with this Standard. Any debris or soil containing lead-based paint or coatings would be disposed of at landfills that meet acceptance criteria for the waste being disposed. ▪ All potentially friable ACMs shall be removed in accordance with NESGAP guidelines prior to any building demolition or renovation that may disturb the materials. All demolition activities will be undertaken in accordance with Cal/OSHA standards contained in Title 8 of CCR, Section 1529, to protect workers from exposure to asbestos.
▪ A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.
▪ Materials containing more than one percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations.

Removal of materials containing more than one percent asbestos shall be completed in accordance with BAAQMD requirements.

Hydrology and Water Quality
Water Quality MM HYD-1. SWPPP or Erosion Control Plan Development and Implementation. Following Project approval, SVP will prepare and implement a SWPPP, if required by State law, or erosion control plan to minimize construction impacts on surface water and groundwater quality. Implementation of the SWPPP or erosion control plan will help stabilize graded areas and reduce erosion and sedimentation. The plan will designate BMPs that will be adhered to during construction activities. Erosion and sediment control measures, such as straw wattles, covers, and silt fences, will be installed before the onset of winter rains or any anticipated storm events. Suitable stabilization measures will be used to protect exposed areas during construction activities, as necessary. During construction activities, measures will be in place to prevent contaminant discharge.

The Project SWPPP or erosion control plan will include erosion control and sediment transport BMPs to be used during construction. BMPs, where applicable, will be designed by using specific criteria from recognized BMP design guidance manuals. Erosion-minimizing efforts may include measures such as properly containing stockpiled soils.

Erosion control measures identified will be installed in an area before construction begins during the wet season and before the onset of winter rains or any anticipated storm events. Temporary measures such as silt fences or Ensure a SWPPP is prepared
and implemented, or if a
SWPPP is not required, ensure that an erosion control
plan is developed and implemented to minimize construction impacts on surface water and groundwater
quality
Prior to and during
construction

KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 8
Attachment 2. Mitigation Monitoring Plan
wattles, intended to minimize sediment transport from temporarily disturbed areas, will remain in place until disturbed areas have stabilized. The plan will be updated during construction as required by the SWRCB.

A worker education program shall be established for all field personnel prior to initiating fieldwork to provide training in the appropriate application and construction of erosion and sediment control measures contained in the SWPPP. This education program will also discuss appropriate hazardous materials management and spill response. Compliance with these requirements will be ensured by the on-site construction contractor.

Traffic/Transportation
Traffic Control MM T-1. Construction Traffic Control Plan. Prior to the start of construction, Ameresco shall prepare and submit a Construction Traffic Control Plan for review and approval to the City of Santa Clara (City) Planning Department for public roads and transportation facilities that would be directly affected by the construction activities and/or would require permits and approvals.

Ameresco shall submit the Construction Traffic Control Plan to the City prior to conducting activities covered in the traffic control permits. The Construction Traffic Control Plan shall include, but not be limited to:
▪ Identification of any routes that would require lane closures or detours to accommodate material and equipment deliveries and methods to ensure safety.
▪ Avoidance of peak travel hours (8:00 10:00 a.m. and 4:00 6:00 p.m.) to the maximum extent feasible.
▪ Plans to coordinate in advance with emergency service providers to avoid restricting the movements of emergency vehicles. Police departments and fire departments shall be notified in advance by Ameresco of the proposed locations, nature, timing, and duration of any roadway disruptions, and shall be advised of any access restrictions that could impact their effectiveness. At locations where roads will be blocked, provisions shall be ready at all times to accommodate emergency vehicles.
▪ Plans to coordinate in advance with property owners, if any, that may have limited access to properties.

Ensure that a Construction
Traffic Control Plan is submitted by Ameresco and
approved by the City of Santa
Clara
Prior to construction

KIFER RECEIVING STATION BESS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM JULY 2023 9
Attachment 2. Mitigation Monitoring Plan
Tribal Cultural Resources
Unanticipated Tribal
Cultural Resources
MM TCR 1. Management of Unanticipated Tribal Cultural Resources. During project-level construction, should subsurface tribal cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist and an authorized tribal representative shall be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5 and Section 21074. If any find is determined to be significant, the archaeologistshall determine, in consultation with the implementing agency and any local Native American groups expressing interest, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to tribal cultural resources. Methods of avoidance may include, but shall not be limited to, Project reroute or redesign, Project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures, such as data recovery or other appropriate measures, in consultation with the implementing agency and any local Native American representatives expressing interest in the tribal cultural resource.

Confirm that all activity in the
vicinity of a found subsurface
tribal cultural resource is
ceased and that an authorized tribal representative is contacted
During construction
Resolution/ Kifer Battery Energy Storage System Project – MND & MMRP Page 1 of 3 Rev. Rev: 7/19/21
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA CLARA, CALIFORNIA TO ADOPT THE MITIGATED

NEGATIVE DECLARATION AND THE MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE KIFER

RECEIVING STATION BATTERY ENERGY STORAGE SYSTEM

PROJECT
WHEREAS, the City of Santa Clara ("City") proposes the development of the Kifer Receiving Station Battery Energy Storage System Project adjacent to the existing Kifer Receiving Station ("Project"), which is more fully described in the mitigated negative declaration referenced below; WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the Project, as defined in the California Environmental Quality Act and the State of California Guidelines for the Implementation of the California Environmental Quality Act (collectively, "CEQA");
WHEREAS, pursuant to CEQA, specifically section 15070 of Title 14 of the California Code of Regulations, the City prepared an initial study which identified potentially significant effects on the environment which will be avoided or mitigated through the implementation of the Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”); WHEREAS, the City prepared the MND and MMRP and circulated these documents for a 20- day public review period on April 27, 2023, in compliance with the requirements of CEQA; WHEREAS, during the public review period, the City received comments from the Santa Clara Valley Water District;
WHEREAS, the City prepared a “Responses to Comments” document is included in Section 8 of the MND and addresses all comments raised;
WHEREAS, the City conducted its own independent analysis of the MND and MMRP prior to releasing it for public review and determined that the MND and MMRP were appropriate as there is substantial evidence the Project would not result in any significant environmental impacts;
Resolution/ Kifer Battery Energy Storage System Project – MND & MMRP Page 2 of 3 Rev. Rev: 7/19/21
WHEREAS, the Santa Clara City Council has reviewed and considered the MND, MMRP, the comments received to date and the responses prepared, and the City Council, in reviewing the Project as proposed, intends to take actions on the Project in compliance with CEQA; and WHEREAS, the MND and the MMRP have been attached to the staff report for this environmental approval and the approval of the Project and, by this reference, are incorporated into this Resolution as if fully set forth herein.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 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 based on the whole record before it, the City Council hereby finds that all potentially significant environmental impacts that may directly or indirectly result from the Project would be reduced to a less than significant level by the mitigation measures specified in the MND and MMRP and that there is no substantial evidence that the project will have a significant effect on the environment.

3. That the City Council hereby finds that the MND and MMRP is complete, prepared in compliance with CEQA, and represents the independent judgment of the City Council.

4. That the City Council further finds that the MND and MMRP are adequate to serve as the required CEQA environmental documentation for the Project, and hereby adopts the MND and MMRP for the Project.

5. That the City Council hereby designates the Chief Electric Utility Officer of the City of Santa Clara, Silicon Valley Power as the Custodian of Records for the Project, and the Planning Division at City Hall, 881 Martin Avenue, Santa Clara, California, is the location of the documents and other material that constitute the record of proceedings upon which this decision is based.

Resolution/ Kifer Battery Energy Storage System Project – MND & MMRP Page 3 of 3 Rev. Rev: 7/19/21

6. The City Council directs the City Manager or designee to file a notice of determination with the County of Santa Clara and State Clearinghouse.

7. 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 COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE _____________ DAY OF _____________, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Mitigated Negative Declaration

2. Mitigation Monitoring and Reporting Program
Interconnection Agreement / Kifer Energy Storage LLC Page 1 of 10

INTERCONNECTION AGREEMENT

FOR GENERATING OR STORAGE FACILITIES
This Interconnection Agreement for Generating or Storage Facilities (“Interconnection Agreement”) is by and between Kifer Energy Storage LLC, a Delaware limited liability company (“Kifer”), and the City of Santa Clara, California, a chartered California municipal corporation (“City” or “SVP”), doing business as Silicon Valley Power. SVP and Kifer may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Interconnection Agreement”. The Parties agree as follows:

1. SCOPE OF THIS AGREEMENT

1.1 Kifer and SVP agree to abide by the terms and conditions of this Interconnection Agreement, including (a) Exhibit A “Technical Requirements” (attached hereto and incorporated herein by reference) and (b) applicable SVP’s Rules and Regulations in effect and as amended from time to time. If and to the extent of any conflict between any provision(s) of this Agreement and any provision(s) of SVP’s Rules and Regulations, the provision(s) of the SVP’s Rules and Regulations shall control, provided that SVP agrees not to modify SVP’s Rules and Regulations following the Effective Date in a manner that imposes requirements on Kifer that are materially more burdensome than requirements imposed generally in the market by other similarly situated distribution and transmission system operators on other utility-scale battery energy storage systems, unless SVP compensates Kifer for Kifer’s costs and losses associated with compliance with such modification.

1.2. Kifer agrees that, during the term of the Energy Storage Agreement, it will not sell, or otherwise provide, electricity discharged by its Facility except as provided in the Energy Storage Agreement.

2. DEFINITIONS

2.1. “CAISO” means the California Independent System Operator Corporation or any successor entity performing similar functions.

2.2. “CAISO Grid” has the same meaning as “CAISO Controlled Grid” as defined in the CAISO Tariff.

2.3. “Delivery Point” has the meaning set forth in the Energy Storage Agreement.

2.4. “Distribution System” means those non-CAISO transmission and distribution facilities owned, controlled, and operated by SVP that are used to provide distribution service to its customers.

2.5. “Effective Date” has the meaning in Sectoin16.2.

2.6. “Electric Service” has the meaning set forth in SVP’s Rules and Regulations.

2.7. “Energy Storage Agreement” or “ESA” means the Energy Storage Agreement executed between the Parties on _____________, 2023 for purchase of energy storage services from the Facility.

2.8. “Facility” has meaning set forth in the Energy Storage Agreement. :as1uco
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2.9. “Force Majeure Event” or “Force Majeure” have the meanings set forth in the Energy Storage Agreement.

2.10. “Law” has the meaning set forth in the Energy Storage Agreement.

2.11. “MSS” has the same meaning as “Metered Subsystem” as defined in the CAISO Tariff.

2.12. “Premises” has the same meaning as “Premises” in the Site Lease and “Site” in the Energy Storage Agreement.

2.13. “Prudent Operating Practice” has meaning set forth in the Energy Storage Agreement.

2.14. “Site Lease” means that certain Ground Lease between the City of Santa Clara (as Landlord) and Kifer Energy Storage LLC (as Tenant) executed and dated as of ____________, 2023.

2.15. “Scheduling Coordinator” means, for the purposes of Section 11 of this Interconnection Agreement only, an entity designated by Kifer and certified by the CAISO as qualifying as a Scheduling Coordinator pursuant to the CAISO Tariff for the purposes of undertaking the functions specified in “Responsibilities of a Scheduling Coordinator” of the CAISO Tariff, as amended from time to time.

2.16. “SVP’s Rules and Regulations” means the Silicon Valley Power Rules and Regulations available at https://www.siliconvalleypower.com/svp-and-community/rules-andregulations, and as amended by the Santa Clara City Council from time to time.

2.17. “System Emergency” has the meaning set forth in the Energy Storage Agreement.

3. TERM OF AGREEMENT
Subject to the termination provisions of Section 10 hereof, this Interconnection Agreement takes effect on the Effective Date, and shall continue in full force and effect until the date that is the earlier of (1) the twenty-fifth (25th) anniversary of the Commercial Operation Date under the ESA; or (2) the date on which the ESA and the Site Lease have both been terminated or expired.

4. SUCCESSORS AND ASSIGNS
This Interconnection Agreement shall not be assigned, except in the same manner as Article 14 of the Energy Storage Agreement but in no event earlier than the assignment of the Energy Storage Agreement and the Site Lease.

5. PERMITS
Kifer shall obtain and maintain permits or authorizations in accordance with the Energy Storage Agreement and Site Lease. To the extent that future Laws require the Kifer to obtain other permits or authorizations, Kifer shall so comply.

6. INTERCONNECTION

6.1. SVP shall provide Electric Service hereunder for the Facility in accordance with SVP’s Rules and Regulations.

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6.2. Kifer shall not connect its Facility, or any portion of it, to SVP’s electric Distribution System, until SVP approves the interconnections, which approval shall be accomplished in accordance with the Energy Storage Agreement and shall not unreasonably be withheld. City has the right to have representatives present at the initial testing of the Facility, and shall be notified forty-eight (48) hours in advance of said testing.

6.3. Kifer shall receive and deliver energy to and from the Facility at the Delivery Point.

6.4. Following normal operational outages and interruptions, Kifer may not reconnect to SVP’s electric Distribution System without notifying SVP.

6.5. Kifer shall not reconnect its Facility to SVP’s electric Distribution System if SVP has disconnected Electric Service to the Facility or SVP has notified Kifer that a reasonable possibility exists that reconnection would pose a hazard, all in accordance with Section 8 below.

7. METERING

7.1. Metering requirements for the Facility are set forth in Article 7 of the Energy Storage Agreement and applicable provisions of SVP’s Rules and Regulations.

7.2. Meters, which are required for the Facility in accordance with Section 7.1 of the Energy Storage Agreement, shall be provided by SVP and paid for by Kifer. Meter location(s) shall be inspected and approved by SVP prior to meter installation and will be subject to periodic inspections as SVP may require. These Kifer meters shall be subject to SVP’s approval and, upon SVP’s approval, Kifer shall make them available for inspection at SVP’s request. The meter(s) shall have the capability of being read remotely using SVP’s remote meter-reading system. If the signal strength of such meter(s) is insufficient, Kifer shall pay for and install equipment to boost the signal as required by SVP.

7.3. If, for any reason, SVP’s meter data is not available, upon SVP’s written request, Kifer shall reasonably timely share its Facility meter data with SVP for the time period when SVP’s meter data is not available. Such data shall be made available in .csv or .xls file format.

7.4. Additional metering requirements are covered in the applicable City rate schedules and SVP’s Rules and Regulations.

8. INTERRUPTION

8.1. SVP may interrupt Kifer 60KV breaker and/or other approved methods for any emergency, maintenance or reliability purposes.

8.2. SVP may interrupt Electric Service in accordance with SVP’s Rules and Regulations.

8.3. SVP may require Kifer to interrupt or reduce or modify deliveries of charging or discharging energy at the Delivery Point when (a) necessary to construct, install, maintain, repair or inspect SVP equipment ; SVP determines that such interruption is necessary because of System Emergencies, forced outages, Force Majeure, compliance with Prudent Operating Practice; or (c) any directed or ordered by CAISO or other Governmental Authority (as defined in the ESA). SVP may, in its sole discretion, Interconnection Agreement / Kifer Energy Storage LLC Page 4 of 10 disconnect the Facility if it appears at any time its operation may endanger SVP employees or may impair the integrity of SVP’s electric Distribution System.

8.4. Except during the existence of a System Emergency, SVP shall give Kifer reasonable notice that service may be reduced or interrupted, if possible. If possible, SVP will coordinate with Kifer to schedule the interruption or reduction during periods of least impact to Kifer and SVP.

8.5. SVP service is not guaranteed Electric Service and may be unexpectedly interrupted during unplanned power outages or to address a System Emergency. Kifer equipment may be adversely affected when Electric Service is disrupted for any reason. In case of such damage, SVP shall not be liable to Kifer.

8.6. SVP shall not be obligated pursuant to this Interconnection Agreement to compensate Kifer for any loss of use of the Facility or adverse impacts to equipment during any and all periods of disconnection or interruption of service hereunder, as provided for in SVP’s Rules and Regulations.

9. RIGHT OF ACCESS
Consistent with the rights of access allowed to SVP by SVP’s Rules and Regulations, , SVP may enter the Premises without prior notice (a) to inspect at all reasonable hours Kifer’s protective devices and read or test any meter for the Facility and (b) to disconnect the Facility at any time, without notice, if in SVP’s opinion a hazardous condition exists; provided, that SVP will use commercially reasonable efforts to provide advance notice whenever reasonably practicable.

10. DEFAULT AND TERMINATION

10.1. Upon any breach or default hereunder by either Party (collectively, a “Default”), the nonDefaulting Party shall give written notice of such Default to the Defaulting Party. The Defaulting Party shall have thirty (30) days from receipt of the notice to cure such Default; provided if such Default is not reasonably capable of cure within such thirty (30) days, the Defaulting Party shall commence such cure within thirty (30) days after notice and continuously and diligently complete such cure within ninety (90) days from receipt of the notice. If a Default is cured within such time, the Default specified in such notice shall cease to exist. No Default by a Party shall exist to the extent the failure to discharge an obligation (other than the payment of money) is the result of Force Majeure.

If a Default is not cured as provided in Section 10.1, the non-Defaulting Party may terminate this Interconnection Agreement by written notice to the other Party and/or pursue other remedies available under applicable Law.

10.2. In the event of termination of this Interconnection Agreement, Kifer shall permanently disconnect Facility from SVP’s electric Distribution System.

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11. WHEELING

11.1 Upon any termination of the Energy Services Agreement prior to the expiration or termination of this Interconnection Agreement, and for the remaining term of this Interconnection Agreement, SVP shall provide Kifer, to the extent available, transmission service from the Facility to the CAISO Grid; provided that, (a) Kifer has entered into all necessary agreements such that the Facility can participate in the CAISO markets through a Scheduling Coordinator other than an SVP Scheduling Coordinator; and (b) Kifer has made metering arrangements with the CAISO such that SVP’s MSS will not be impacted with settlements associated with the Facility’s operation. In the event the foregoing conditions are met, Sections 11.2 through 11.4 shall be applicable to any SVPprovided wheeling service.

11.2 Kifer shall pay for as-available transmission service from the Facility to the CAISO Grid at $1.00/kW-month based on maximum instantaneous demand measured each month between the hours of 3:00 PM through 12:00 AM or between such other hours SVP may later designate in writing based on changed conditions. Notwithstanding the foregoing, this rate shall be superseded and replaced with a City-adopted Electric Service rate schedule applicable to transmission service for battery energy storage facilities.

11.3 SVP may interrupt or curtail as-available transmission service to the extent necessary to address a planned outage, system limitation, or System Emergency affecting the Distribution System in accordance with (a) SVP’s Rules or Regulations or applicable CAISO agreements, or (b) if no such rule or regulations or agreements exist, Prudent Operating Practice. SVP shall notify Kifer of any such interruptions, limitations or curtailments of transmission service and promptly restore such as available transmission service in accordance with SVP’s Rules or Regulations or applicable CAISO agreements or, if no such rule or regulations or agreements exist therein, Prudent Operating Practice.

11.4 In the event Kifer desires firm wheeling service, Kifer shall submit an application, in a form and content as required by the City, for the purpose of analyzing this service’s feasibility and costs, and pay the costs of the City performing such studies. If, based on the study, it is determined that firm wheeling service is feasible, Kifer shall be responsible for all costs of planning, installing, owning, operating, and maintaining any facility upgrades required to provide the firm wheeling service.

12. AMENDMENTS
This Interconnection Agreement may be amended only with the written consent of both Parties.

13. INTEGRATED AGREEMENT
This Interconnection Agreement represents the entire agreement between City and Kifer with respect to the subject matter hereof. No other understanding, agreements, conversations, or otherwise, with any representative of City shall affect or modify any of the terms or obligations of this Interconnection Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon either Party.

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14. NO THIRD-PARTY BENEFICIARY
This Interconnection Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third-party or parties shall have any claim or right of action under this Interconnection Agreement for any cause whatsoever.

15. NOTICES
All notices, including notices of modification as set forth in Exhibit A, to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attn: Chief Electric Utility Officer and
Director of Community Development
1500 Warburton Avenue Santa Clara, California 95050
And to Kifer as addressed in Exhibit B

16. MISCELLANEOUS

16.1 The following provisions of the Energy Services Agreement are hereby incorporated herein in their entirety by this reference, mutatis mutandis, and shall remain effective herein irrespective of any potential termination of the Energy Services Agreement:

Section 1.2 Rules of Interpretation
Article 10 Force Majeure
Article 14 Assignment
Section 15.2 Dispute Resolution
Article 16 Indemnification
Section 19.4 No Agency, Partnership, Joint Venture or Lease Section 19.5 Severability
Section 19.10 No Recourse
Section 19.13 Further Assurances
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16.2 This Interconnection Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and the Parties agree that the signatures on this Interconnection Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties. The Parties acknowledge and accept the terms and conditions of this Interconnection Agreement as evidenced by the following signatures of their duly authorized representatives. The “Effective Date” is the date the final signatory executes the Interconnection Agreement. It is the intent of the Parties that this Interconnection Agreement shall become operative on the Effective Date.

City of Santa Clara,
a chartered California municipal corporation
Jōvan D. Grogan Date
City Manager
Approved as to Form:

Glen R. Googins Date
City Attorney
Interconnection Agreement:

Kifer Energy Storage LLC
Signature Date
Name
Title
Signature Date
Name
Title
Interconnection Agreement / Kifer Energy Storage LLC Page 8 of 10

EXHIBIT A

TECHNICAL REQUIREMENTS

1. DESIGN STANDARDS

1.1. The Facility, and all portions of it used to provide or distribute electrical and parallel interconnection with SVP’s equipment, shall be designed, installed, constructed, operated and maintained in compliance with City Ordinances, City Codes, SVP’s Rules and Regulations and SVP’s Standard Document 1631 – “Engineering & Operating Requirements for the Interconnection of Generating Facilities” (“SD 1631”), as a guideline SVP-DP-001 “Distributed Generation Protection Requirements” and as identified with the Control Building Design, as amended from time to time.

1.2. At a minimum,\the Facility shall meet all applicable safety and performance standards established by the National Electric Code (NEC), the Institute of Electrical and Electronics Engineers (IEEE) and accredited testing laboratories such as Underwriters Laboratories, as amended from time to time and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

1.3. Kifer’s Facility shall at minimum, include, but not be limited to, the following:

1.3.1. Kifer shall have dedicated protection devices (relays, circuit breakers, disconnects, etc.) or other interconnection devices at any location where the Kifer’s generation operates in parallel with SVP and shall meet SVP protection/redundancy requirements and the circuit requirements of NEC-2017 Art. 705 Part II for Interactive Inverters;

1.3.2. Kifer’s EES shall be indicated by markings or labels [NEC-2017 Art. 706.15(C) and 706.21]; the Kifer’s inverter or other interconnection device shall have the following minimum specifications for parallel operation with SVP:

1.3.2.1. Inverter shall detect and isolate from the SVP source in accordance with IEEE 2800 ride-through requirements and other applicable standards;

1.3.2.2. Inverter output shall automatically disconnect from SVP source upon loss of SVP source and not reconnect until SVP source has been restored by SVP NEC-2017 Art. 705.40; and

1.3.2.3. Inverter output distortion shall meet IEEE 519 standards.

2. INSTALLATION AND MAINTENANCE

2.1. Kifer is responsible for installing and maintaining the Facility and interconnection facilities in a safe and prudent manner and in conformance with all applicable laws, regulations and codes at Kifer’s sole cost and expense. Kifer shall install and operate the Facility in conformance with SVP’s Rules and Regulations, SD 1631 and SVP-DP-001.

Kifer shall be responsible for installation, operation and maintenance of the Facility in accordance with the ESA.

2.2. Kifer must provide notice to SVP of any material modifications to the Facility and Kifer’s interconnection facilities from those set forth in the ESA (“Notice of Modification”). Such modifications are subject to approval by SVP (not to be unreasonably withheld, delayed or conditioned) and may result in changes to the ratings set forth in Exhibit B. Upon approval by SVP, any Notice of Modification and corresponding updates to information sheet shall be considered incorporated into this Agreement upon receipt by SVP.

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EXHIBIT B

INFORMATION SHEET
Kifer has installed, or will in the near term, install an electric storage facility (“Facility”) which meets all applicable safety and performance standards as set forth in this Agreement.

1.1 Name:

1.2 CEC Facility ID No. (If Applicable):

1.3 Battery Storage Capacity: kW peak kWh capacity

1.4 Facility Location:

1.5 Facility Contact Number:

1.6 Exact Location of Accessible Disconnection:

1.7 Kifer Billing Address and Notice:

Name:

Street Address:

City, State, Zip Cope:

1.8 Billing Contact Number:

1.9 SVP Account Number:

1.10 Storage:

Isolated Operation; OR
Parallel Connected; OR
N/A
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1.11 Intended Use:

Emergency Backup
Peak Shaving
Time of Use Shifting
Other
Silicon Valley Power Approval of Modification (Not Required for New Application) City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-887 Agenda Date: 8/29/2023

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Memorializing the Historical Calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2010 to 2021 Pursuant to CalPERS Request

BACKGROUND
Historically, the prior Memoranda of Understanding (hereafter, “MOU”) between the City of Santa Clara (hereafter, “City”) and the Santa Clara Police Officers Association (Unit 2) (hereafter, “Unit 2”) have described the uniform allowance and holiday pay for employees in classifications represented by Unit 2. Recently, the California Public Employees’ Retirement System (hereafter, “CalPERS”) requested historical clarification as to how the Unit 2 uniform allowance and holiday pay were calculated and paid, and that such clarification be memorialized in a resolution.

DISCUSSION
Uniform Allowance:

As noted above, CalPERS requested clarification as to how the uniform allowance was determined in prior MOUs between the City and Unit 2 from 2010 to 2021.

For the 2010-2012 Unit 2 MOU and 2012-2014 Unit 2 MOU, the uniform allowance language was as follows:
“The amount allocated for uniform allowance will be set by the Association on an annual basis.

Payments for uniform allowance will be made bi-weekly after twelve (12) continuous months of City service.”
For the 2014-2016 Unit 2 MOU and 2016-2018 Unit 2 MOU, the uniform allowance language was as follows:
“The amount allocated for uniform allowance will be set by the Association on an annual basis.

Payments for uniform allowance will be made bi-weekly after twelve (12) continuous months of City service. In addition, for the 12/14 -12/15 MOU year only, the City will contribute an additional $150 toward represented employees’ annual uniform allowance, which additional amount shall not apply to the 12/15-12/16 MOU year, and which amount the parties agree is intended to ensure that all employees shall have obtained the new Department PDU uniform by the end of 2015.”
For the 2018-2021 Unit 2 MOU, the uniform allowance language was as follows:

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23-887 Agenda Date: 8/29/2023
“The City shall contribute $23.08 bi-weekly per represented employee as a uniform allowance beginning after twelve (12) continuous months of City service.” It should be noted that the current 2021-2025 Unit 2 MOU uniform language clarified that the annual uniform allowance was $600 to be paid on the first 2 bi-weekly pay periods of each month:
“The City will provide a uniform allowance of $600 per year. Effective the first pay period of calendar year 2022, the uniform allowance will be paid on the first two (2) pay periods of every month.”
The uniform allowance since 2010 has been $600 annually (at approximately $23.08 per bi-weekly pay period), with the exception of the “12/14-12/15 MOU year only” where an additional $150 was provided in the annual uniform allowance as described above. Accordingly, the uniform allowance for the “12/14-12/15 MOU year only” was $750 for that year (at approximately $31.41 per bi-weekly pay period.) The current MOU clarified that the annual uniform allowance continues to be $600 and is spread out over 24 bi-weekly pay periods (instead of 26 bi-weekly pay periods) at approximately $25 per bi-weekly pay period.

Holidays:

As noted above, CalPERS requested clarification as to how the holiday pay was determined in prior MOUs between the City and Unit 2 from 2010 to 2021.

The holiday pay language in the 2010-2012 Unit 2 MOU, 2012-2014 Unit 2 MOU, 2014-2016 Unit 2 MOU, 2016-2018 Unit 2 MOU, and 2018-2021 Unit 2 MOU is as follows:
“The number of hours per year for holiday pay is 104 hours (equivalent to 13 days based on eight (8) hours per day) for all represented employees.” The City’s thirteen (13) observed holidays are as follows:

1. New Year’s Day

2. Martin Luther King, Jr. Day

3. President’s Day

4. Spring Holiday

5. Memorial Day

6. Independence Day

7. Labor Day

8. Admission Day

9. Columbus Day

10.Veteran’s Day

11.Thanksgiving Day

12.Friday after Thanksgiving Day

13.Christmas Day
Holiday pay during this time period was 5% of base pay and calculated as follows: (8 hours x 13 days) ÷ 2080 hours = 5%.

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23-887 Agenda Date: 8/29/2023
It should be noted that holiday pay was increased to 7.5% of base pay (from 5%) for the 2021-2025 Unit 2 MOU.

The Police Officers’ Association (Unit 2) has been informed of the CalPERS request and the required resolution included in this report.

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

FISCAL IMPACT
There is no fiscal impact.

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

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

RECOMMENDATION
Adopt a Resolution Memorializing the Historical Calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2010 to 2021 Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Resolution Memorializing the Historical Calculation of Uniform Allowance and Holiday Pay for the Santa Clara Police Officers Association (Unit 2) from 2010 to 2021.

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Resolution/Approving the memorialization of the historical calculation of uniform allowance and holiday pay for Unit 2 from 2010-2021

RESOLUTION NO. 20-

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA MEMORIALIZING THE HISTORICAL

CALCULATION OF UNIFORM ALLOWANCE AND

HOLIDAY PAY FOR THE SANTA CLARA POLICE
OFFICERS ASSOCIATION (UNIT 2)
WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested that the City adopt a resolution that memorializes the historical calculation of the uniform allowance and holiday pay for employees represented by the Santa Clara Police Officers Association (Unit 2) from 2010 to 2021.

WHEREAS, the annual uniform allowance language in the Unit 2 Memorandum of Understanding (MOU) during the period 2010 to 2021 was as follows:

A. For the 2010-2012 Unit 2 MOU and 2012-2014 Unit 2 MOU:
“The amount allocated for uniform allowance will be set by the Association on an annual basis. Payments for uniform allowance will be made bi-weekly after twelve (12) continuous months of City service.”
B. For the 2014-2016 Unit 2 MOU and 2016-2018 Unit 2 MOU:
“The amount allocated for uniform allowance will be set by the Association on an annual basis. Payments for uniform allowance will be made bi-weekly after twelve (12) continuous months of City service. In addition, for the 12/14 –12/15 MOU year only, the City will contribute an additional $150 toward represented employees’ annual uniform allowance, which additional amount shall not apply to the 12/15- 12/16 MOU year, and which amount the parties agree is intended to ensure that all employees shall have obtained the new Department PDU uniform by the end of 2015.”
C. For the 2018-2021 Unit 2 MOU:
“The City shall contribute $23.08 bi-weekly per represented employee as a uniform allowance beginning after twelve (12) continuous months of City service.” WHEREAS, the holiday pay language in the Unit 2 MOU remained unchanged during the period 2010-2021 and stated, “The number of hours per year for holiday pay is 104 hours (equivalent to 13 days based on eight (8) hours per day) for all represented employees.” The Resolution/Approving the memorialization of the historical calculation of uniform allowance and holiday pay for Unit 2 from 2010-2021

City’s thirteen (13) observed holidays are: New Year’s Day; Martin Luther King, Jr. Day; President’s Day; Spring Holiday; Memorial Day; Independence Day; Labor Day; Admission Day; Columbus Day; Veteran’s Day; Thanksgiving Day; Friday after Thanksgiving Day; and Christmas Day.

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

1. The above Recitals are true and correct and shall be incorporated herein by reference.

2. The annual uniform allowance for Unit 2 employees has been $600 since 2010 (at approximately $23.08 per bi-weekly pay period), with the exception of the 12/14- 12/15 MOU year only where an additional $150 was provided in the annual uniform allowance.

3. Holiday pay for Unit 2 employees was 5% of base pay calculated per the MOU as (8 hours x 13 days) ÷ 2080 hours = 5%.

4. Effective date: This resolution shall be effective DATE, 2023.

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
-
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-917 Agenda Date: 8/29/2023

REPORT TO COUNCIL

SUBJECT
Adopt a Resolution Accepting the California Department of Alcoholic Beverage Control Grant and Authorizing the City Manager to Execute Grant Related Documents, and Approve the Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The California Department of Alcoholic Beverage Control (ABC) administers the provisions of the Alcoholic Beverage Control Act in a manner that fosters and protects the health, safety, welfare and economic well-being of the people of the State.

In 1995, ABC embarked on a new approach to broaden and increase the level of alcoholic beverage law enforcement by working in partnership with cities and counties through the Grant Assistance to Local Law Enforcement Program (GAP). The mission of the GAP is to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminating the crime and public nuisance problems associated with problem alcoholic beverage outlets and then institutionalize those approaches within the local law enforcement agencies.

Over the past ten years, the Police Department has been awarded $295,836 from ABC GAP funds to curb alcohol-related challenges in the community (Fiscal Year 2014/15, $75,000; Fiscal Year 2015/16, $92,230; Fiscal Year 2016/17, $49,486; Fiscal Year 2017/18, $79,120). The Police Department did not receive a Fiscal Year 2018/19 and 2019/20 award, and hasn’t been in a position to take on the added workload a grant requires since the onset of the pandemic due to lower than necessary staffing levels and implementation capacity (e.g. Santa Clara County COVID-19 guidelines).

In addition, ABC awarded the Police Department Significant Achievement Awards associated with grant-related work in Fiscal Years 2015/16 and 2016/17.

DISCUSSION
On July 12, 2023, the Police Department was informed its application for Fiscal Year 2023/24 ABC Alcohol Policing Partnership Grant (APP) funding had been approved in the amount of $75,068.

This award is effective from July 1, 2023 through June 30, 2024 and is intended to fund multiple initiatives to curb alcohol-related challenges in our community. The grant objectives include the City of Santa Clara Page 1 of 4 Printed on 8/24/2023
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23-917 Agenda Date: 8/29/2023
following to address drunk and drugged activity throughout the City:
· Staff attendance at the APP Conference and conduct “train-the-trainer” type education at Field Operations Division briefings
· Disseminate grant and alcohol-related educational messaging via our web and social media platforms
· Conduct enforcement operations, such as Minor Decoy Operations and Shoulder Tap Operations, to reduce the use of false identification to purchase alcohol and deterring adults from purchasing alcohol on an underage person’s behalf
· Facilitate IMPACT Inspection Operations to address licensing and regulatory mandates among ABC licensed retailers
· Organize bicycle/walking patrols around Santa Clara University, in our public parks and waterways
· Partner with ABC agents to conduct saturation patrols at events at Levi’s Stadium among sidewalk vendors, during the Ordinance pilot period, to address unlicensed entities facilitating the sales of alcohol and drugs
o The cost for ABC agent(s) to conduct saturation patrols is not borne by the ABC grant or Police Department. In the case of this grant objective, law enforcement personnel (e.g., Community Service Officer, Special Event Police Officer or Police Officer) may escort ABC agent(s) on the premises prior to, during and/or following Levi’s Stadium events to conduct routine alcohol/drug enforcement action and address problematic behavior. The associated law enforcement expense will be reimbursed through the ABC grant.

It should be noted, it is not uncommon for the Police Department to apply for grant(s) to secure equipment, conduct enforcement operations and/or pay for specialized training some of which is directly related to having a venue of this size and visibility in our city.

In these cases, the grant will reimburse the police officer’s time to ensure we remain in compliance with Measure J.
· Initiate Preliminary Alcohol Screening device education events on ABC licensed premises · Host an Alcohol Awareness Presentation to middle and high school students and parents Staff will also be responsible to fulfill the associated grant requirements, such as monthly performance reports, statistical reporting and invoicing.

During the Council summer break, the Police Department met with ABC representatives regarding this grant and the ability to collaborate to enhance our efforts to enforce ABC licensing and regulatory mandates to combat alcohol-related incidents in our community. This Report to Council is intended to adopt a Resolution accepting the California Department of Alcoholic Beverage Control Grant, authorize the City Manager to execute grant related documents and approve the related budget amendment.

During the Council summer break, the City Manager signed the agreement between ABC and the City of Santa Clara to accept the grant allowing the Police Department to enhance its efforts to enforce ABC licensing and regulatory mandates and combat alcohol-related incidents in our community; this item implements ABC requirements for the adoption of a formal Resolution outlining the terms and conditions of the grant.

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23-917 Agenda Date: 8/29/2023

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
ABC APP grant funding in the amount of $75,068 will create overtime opportunities for Police Department personnel to address education and enforcement initiatives to mitigate the crime and public nuisance challenges associated with alcoholic beverage outlets. The following FY 2023/24 budget amendment is recommended to recognize and appropriate this grant funding.

Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
Police Operating Grant Trust Fund
Revenue
Grant Funding $0 $75,068 $75,068
Expenditure
Alcohol Policing Partnership Grant
2023/24
$0 $75,068 $75,068

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

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

RECOMMENDATION

1. Adopt the Resolution accepting the California Department of Alcoholic Beverage Control Grant to be utilized to fund a variety of overtime assignments to curb alcohol-related challenges in our community, and authorizing the City Manager to execute all grant-related documents; and

2. Approve the FY 2023/24 budget amendment in the Police Operating Grant Trust Fund to recognize grant funding in the amount of $75,068 and establish an Alcohol Policing Grant Partnership Grant appropriation in the amount of $75,068 (five affirmative Council votes required to appropriate additional revenue)
Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jōvan D. Grogan, City Manager
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23-917 Agenda Date: 8/29/2023

ATTACHMENTS

1. Grant Agreement

2. Grant Agreement Exhibit

3. Resolution
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SCO ID: 2100-23APP44
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES ~-----------~-------------~

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

AGREEMENT NUMBER
23-APP44
PURCHASING AUTHORITY NUMBER (If Applicable)
ABC-2100

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control

CONTRACTOR NAME
City of Santa Clara through the Santa Clara Police Department

2. The term of this Agreement is:

START DATE
July 1, 2023

THROUGH END DATE
June 30, 2024

3. The maximum amount of this Agreement is:
$75,068.00 Seventy three thousand sixty nine dollars and no cents

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages
Exhibit A Scope of Work 2
Exhibit B Budget Detail and Payment Provisions 3
Exhibit C * General Terms and Conditions 1
Exhibit D Special Terms and Conditions 4
Attachment RFP Scope of Work 8
RFP
Items shown with an asterisk(*), are hereb y incor p orated b y reterence and made p artotthis a g reementas it attached hereto.

These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Clara through the Santa Clara Police Department

CONTRACTOR BUSINESS ADDRESS
601 El Camino Real

PRINTED NAME OF PERSON SIGNING
Jovan D. Grogan

CONTRACTOR AUTHORIZED SIGNATURE

CONTRACTING AGENCY NAME
Department of Alcoholic Beverage Control

CONTRACTING AGENCY ADDRESS
3927 Lennane Drive

PRINTED NAME OF PERSON SIGNING
Pattye Baker

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL

STATE OF CALIFORNIA
CITY
Santa Clara
TITLE
City Manager

DATE SIGNED
CITY
Sacramento
TITLE
STATE
CA
!
STATE
CA
ZIP
95050
I
ZIP
95834
Chief, Business Management Branch

DATE SIGNED
EXEMPTION (If Applicable)
Paqe 1 of 1
Agreement Number: 23-APP44
City of Santa Clara through the Santa Clara Police Department

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.
• Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:

1. The operation period of the grant is July 1, 2023 through June 30, 2024.

2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.

4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.

II. GOALS AND OBJECTIVES

1. Conduct at least four (4) Minor Decoy operations.

2. Conduct at least two (2) Shoulder Tap operations, including participating in the Statewide operation conducted by ABC.

3. Conduct at least six (6) IMPACT operations.

Agreement Number: 23-APP44
City of Santa Clara through the Santa Clara Police Department

4. Conduct at least fifteen (15) Bicycle/Walking patrols to address drunk & drugged activity throughout the City.

5. Conduct at least seven (7) Saturation Patrols involving sidewalk vendors at Levi’s Stadium.

6. Conduct at least one (1) Alcohol Awareness Presentation available to parent(s) of middle & HS students.

7. Conduct at least eight (8) Patrol Briefings.

8. Provide press/social media releases on grant enforcement activities.

A. To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).

9. Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.

10. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”
Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month.

III. PROJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:

Santa Clara Police Department
Carolyn McDowell, Senior Mgmt Analyst
601 El Camino Real
Santa Clara, CA 95050
(408) 615-4892
[email protected]
Department of Alcoholic Beverage Control
Brandon Shotwell, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2329
[email protected]
Direct all fiscal inquiries to:

Santa Clara Police Department
Kenn Lee, Director of Finance
1500 Warburton Avenue
Santa Clara, CA 95050
(408) 615-2344
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
Agreement Number: 23-APP44
City of Santa Clara through the Santa Clara Police Department

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. • Invoices shall clearly reference this contract number (23-APP44) and must not exceed the contract total authorized amount of $75,068.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834
• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2023.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2023 and on or before the project termination date, June 30, 2024. • Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. • Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.
• Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. • Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.

Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.

Agreement Number: 23-APP44
City of Santa Clara through the Santa Clara Police Department

II. BUDGET DETAIL

COST CATEGORY TOTAL COST
A. Personnel Services
$1,909.00
$13,500.00
Straight Time
Senior Management Analyst ($79.54/hour)
Police Reserve ($75/hour)
Overtime
Officer ($131.325/hour)
Sergeant ($153.03/hour)
Community Service Officer ($80.58/hours)
Benefits – n/a
TOTAL Personnel
$36,771.00
$4,285.00
$13,603.00
$0.00
$70,068.00
B. Operating Expenses (receipts required)
Callyo (annual subscription, only during grant term) $2,500.00 TOTAL Operating $2,500.00
C. Equipment (receipts required, must be purchased by 12/31) n/a $0.00
TOTAL Equipment $0.00
D. Travel Costs
Hotel, per diem, registrations $2,500.00
TOTAL Travel $2,500.00
GRANT TOTAL $75,068.00
Agreement Number: 23-APP44
City of Santa Clara through the Santa Clara Police Department

III. BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

IV. PROMPT PAYMENT CLAUSE
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.

Agreement Number: 23-APP44
City of Santa Clara through the Santa Clara Police Department

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of theState.

Agreement Number: 23-APP44
City of Santa Clara through the Santa Clara Police Department

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.

Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

Agreement Number: 23-APP44
City of Santa Clara through the Santa Clara Police Department

a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Agreement Number: 23-APP44
City of Santa Clara through the Santa Clara Police Department

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and addressof the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Agreement Number: 23-APP44
City of Santa Clara through the Santa Clara Police Department

EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2023, for the purposes of this program.

4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/Standard-Contract-Language

5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.

STATE OF CALIFORNIA
Department of Alcoholic Beverage Control
Alcohol Policing Partnership Program

PROPOSAL COVER SHEET
(TO BE COMPLETED BY APPLICANT AGENCY)

1. Name of Applicant Agency:

2. Description of Applicant Agency: Provide your city or county jurisdiction, and include population data, and relevant demographic and socio-economic characteristics of the community.

3. Number of licenses in Project Area: 4. Tax ID:

5. Funds Requested: 6. Project Period: July 1, 2023–June 30, 2024

7. Acceptance of Conditions: By submitting this proposal, the applicant signifies acceptance of the responsibility to comply with all requirements stated in the Request for Proposals. The applicant understands that ABC is not obligated to fund the project until the applicant submits correctly completed documents required for the contract.

A. Project Director
Person with Day-To-Day Responsibility for the Project
Name:

Address:

Phone:

Email Address:

Title:

Signature:

B. Sheriff or Chief of Police
Authorizing Official
Name:

Address:

Phone:

Email Address:

Title:

Signature:

C. Fiscal or Accounting Official
Name:

Address:

Phone:

Email Address:

Title:

Signature:

D. ABC USE ONLY
I
I

SCOPE OF WORK
Summary
Project Personnel

SCOPE OF WORK
Problem Statement

SCOPE OF WORK
Project Description section 1 of 2

SCOPE OF WORK
Project Description section 2 of 2

SCOPE OF WORK
Additional Information

BUDGET DETAIL WORKSHEET
A. Personnel Services
Salaries
Classification/Positions Computation Total Cost
1 2
3 SUBTOTAL
Overtime
Classification/Positions Computation Total Cost
1 2
3 4
5 6

SUBTOTAL
Benefits
Classification/Positions Computation Total Cost
1 2
3 4
5 B. Operating Expenses and Equipment SUBTOTAL
Computation Total Cost
1 2

SUBTOTAL
Computation Total Cost
1 2
3 SUBTOTAL
C. Travel Expenses *
Description Computation Total Cost
1 2
3 4
SUBTOTAL *APP Conference only. All travel cannot exceed current state rates.

GRANT TOTAL
Operating Expenses*
Description
*maximum of $2,500.00
Operating Expenses*
Description
*maximum of $2,500.00

OTHER FUNDING SOURCES
Complete the following to report the total funds available to support the activities related to accomplishing the goals and objectives of the contract. In the "Grant Funds" column, report the ABC funds requested by category. In the "Other Funds" column, report all other funds available to support the project by category (if none, leave blank). Then calculate the totals by category in the "Program Total" column. Total each column down to arrive at the total program funds available.

Note: Round all budget amounts to the nearest dollar—no cents.

Budget Category Grant Funds Other Funds Program Total
A. Personnel Services
B. Operating Expense
C. Travel/Registration Fees
D. Equipment
TOTALS
This form does not become part of the contract but is required in the Request for Proposal package.
*Disclaimer—Please complete only if your department will contribute funds.

Resolution/Acceptance of Alcoholic Beverage Control Grant Page 1 of 2 RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A

CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE

CONTROL (ABC) GRANT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE GRANT AGREEMENT.

WHEREAS, the City Council of the City of Santa Clara desires to undertake a certain project designated as ABC Education Initiative and Enforcement Campaign to curb alcohol-related challenges in the community, to be funded in part from funds made available through the Grant Assistance Program (GAP) administered by the ABC;
WHEREAS, in accordance with the ABC’s GAP requirements, the City Council deems it to be in the best interests of the City to formally accept by resolution the grant funds and to authorize the City Manager to execute grant-related documents.

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

1. That the funds provided by ABC through its GAP for the purposes of undertaking the ABC Education Initiative and Enforcement Campaign are hereby accepted;

2. That the City Manager of the City of Santa Clara is authorized to execute on behalf of the City the grant contract with ABC, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto, all in final forms approved by the City Attorney.

3. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the resolution. The City of Santa Clara, California, hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that Resolution/Acceptance of Alcoholic Beverage Control Grant Page 2 of 2 any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: __________________________

NORA PIMENTEL

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-919 Agenda Date: 8/29/2023

REPORT TO COUNCIL

SUBJECT
Action on a Request for a Special Permit to Allow for Seasonal Pumpkin Patch and Christmas Tree Sales Events at 2610 El Camino Real from September 16, 2023 through December 24, 2023

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The applicant, Holly Prinz of ABC Tree Farms, LLC, is requesting a Special Permit pursuant to Zoning Code Section 18.60.030 to allow for seasonal Pumpkin Patch and Christmas Tree sales events at a site located at 2610 El Camino Real (the Moonlite Shopping Center). The property is zoned for commercial use (CC - Community Commercial) and includes commercial uses.

Neighboring land uses include Saratoga Creek, multi-family residential, and commercial development. The Community Commercial zoning district does not identify outdoor seasonal sales events as a use permitted by right or through issuance of a Use Permit. However, City Code Section

18.60.030 allows activities to be performed in any non-industrial Zoning District for any use not otherwise regulated within the Zoning Code upon issuance of a Special Permit by the City Council.

The Pumpkin Patch sales event is proposed to begin on September 16, 2023 and end on October 31, 2023, with set up commencing on September 1, 2023 and the breakdown of the event completed by November 10, 2023. The Christmas Tree sales event will begin on November 18, 2023 and end on December 24, 2023, with set up commencing on November 10, 2023 and the breakdown of the event completed by December 31, 2023. Hours of operation for the Pumpkin Patch will be 10:00 a.m. -9:00 p.m., Sunday through Thursday, and 10:00 a.m.-10:00 p.m., Friday and Saturday. Hours of operation for the Christmas Tree lot will be 10:00 a.m.-9:00 p.m., Sunday through Thursday, and 9:00 a.m.-9:30 p.m., Friday and Saturday.

The proposed Pumpkin Patch and Christmas Tree sales events would include temporary tents, children’s inflatable entertainment units, a dumpster area, and a storage container. Power will be supplied by Silicon Valley Power. The property is owned by Moonlite Associates LLC, which has provided written authorization for the temporary use.

DISCUSSION
Granting of a Special Permit requires the City Council to make certain findings consistent with City Code Section 18.60.030 (c). The proposed temporary use, with limited duration and operations proposed, is not anticipated to adversely impact the surrounding land uses in that the events will occur over a limited time period and will be subject to conditions which reduce potential negative impacts, including a condition of approval that the use be conducted in a manner that does not create a public or private nuisance. Operating the temporary events would not impair the integrity or City of Santa Clara Page 1 of 3 Printed on 8/24/2023
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23-919 Agenda Date: 8/29/2023
character of the zoning district since the events will allow the purchase of pumpkins and trees for the surrounding community and supplement commercial onsite business activities. Any possible impacts would also be offset by the benefit to the community from the event. Parking may be temporarily impacted by the proposed use to support the host shopping center. However, given the site context and the limited timeframe of the proposed use, the benefits of providing access to holiday décor outweigh the potential disadvantages, and conditions of approval help protect the surrounding community from adverse impacts.

The Special Permit is subject to revocation should a problem arise. Pumpkin Patch and Christmas Tree lots operated at this location in prior years have not resulted in any known negative impacts to the community.

Draft Permit and Conditions
The proposed permit would be subject to conditions of approval as follows:

1. Special Permit shall be valid from September 16, 2023 through December 24, 2023; with setup beginning on September 1, 2023, and breakdown/clean-up to be completed by December 31, 2023, with the following sales allowances:
a. Pumpkin Patch sales: September 16, 2023 through October 31, 2023; b. Christmas Tree sales: November 18, 2023 through December 24, 2023;

2. Pumpkin Patch hours of operation: Sunday through Thursday from 10:00 a.m.-9:00 p.m. and Friday and Saturday from 10:00 a.m.- 10:00 p.m.;

3. Christmas Tree lot hours of operation: Sunday through Thursday from 10:00 a.m.-9:00 p.m. and Friday and Saturday from 9:00 a.m.- 9:30 p.m.;

4. The applicant shall obtain and comply with all applicable Santa Clara Building Division and/or Fire Department directives, permits, and requirements, including but not limited to temporary electrical and tent permits;

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

9.10.040, noise and sound regulation;

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

7. There shall be no “searchlight” beams, streamers, or roof-mounted balloons during the events;

8. Upon conclusion of the Christmas Tree sales events, the parking lot shall be cleaned and returned to its prior condition; and

9. The use shall operate in a manner that does not create a public or private nuisance.

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

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

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

PUBLIC CONTACT
City of Santa Clara Page 2 of 3 Printed on 8/24/2023
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23-919 Agenda Date: 8/29/2023
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Determine the issuance of the Special Permit to be categorically exempt from formal environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and

2. Approve the request of a Special Permit to allow for seasonal Pumpkin Patch and Christmas Tree sales events at 2610 El Camino Real from September 16, 2023 through December 24, 2023, subject to conditions.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. ABC Tree Farms 2610 El Camino Real Operations Plans

2. Site Plans
City of Santa Clara Page 3 of 3 Printed on 8/24/2023
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Method of Operations Proposed Halloween/Pumpkin Patch
ABC Tree Farms, LLC
Moonlight Center, 2610 El Camino Real, Santa Clara, CA
APN 290-06-020
2023
Proposed Days are September 1, 2023 through November 10, 2023 for the Pumpkin/Halloween Sales, which includes several days for set up and tear down of the operation. Lot will be open to the public from September 16 through October 31, 2023. Hours of operation will be Seven days a week, Sunday through Thursday we will open at 10:00 AM and close at 9:00 PM. Friday and Saturday we will open at 10:00 AM and remain open until 10:00 PM.

The area will be as diagrammed in the attached Potential Halloween/Pumpkin Patch Plot Plan. All necessary permits and approvals will be acquired from the City. Garbage and chemical toilets including (1) handicap accessible toilet will be provided on the site (90”H x 67” W x 86.5D with seat height of 19”. We have no hazardous chemicals on our site. Tent permits will be filed with the local Fire Department. Handicap parking will be available at the entrance with a 36” wide clear path accessible by wheelchairs to the cashier booth/area. We are requesting the use of a 40’ x 40’ tent with posted signs of Maximum Occupancy of 80 on each side of tent and (1) 20’ x 60’ tent (consisting of 3 20x20 canopies side by side) with posted signs of Maximum Occupancy of 40 on each side of tent which are all made of Fire Retardant material and with label attached. Tent will be open on all sides. Lighted exit signs will be placed inside the 40’ x 40’ tent and will be on two separate circuits in the tent. This will be cleared through the appropriate Building and Fire Departments. Power will be supplied by Silicon Valley Power with (2) 200 amp temporary power poles with permits pulled through the Building Department. Signage will be as diagrammed (exit, no smoking). Parking is as diagrammed on the site plan and traffic flows will be as diagrammed. We will have approximately 9 inflatable amusements including bounce houses, obstacle courses and slides for children ages 2-12 that meet all California state requirements and one hard slide. Inflatables are tied down using 1"x36" double head steel stakes made by Hogan Tent Stakes that go into the ground 30 inches. Each stake has the capability of holding down 2000 lbs. The tie down consist of a minimum 3/8" polypropylene rope with a minimum breaking strength of 2430 lbs.

The rope is tied to stake and all tie downs located on the inflatable. Tie downs are double stitched on all inflatables. Small Jumpers (20x20) generally have 6-10 tie downs. Medium Size Jumpers or 3N1's generally have 8-12 tie downs and 40x60 Slides have 20 tie downs.

Items that will be available will be pumpkins, inflatable amusements, Halloween Sundries and décor along. Anticipated attendance over the course of 30 days is approximately 2500 people. Our application is similar to the operations we ran in the 2017-2022 seasons.

COVID-19 Protocols: We are prepared to enforce crowd control, social distancing and mask wearing etc., as well as remain compliant with any current regulations that may be in effect for COVID-19. All locations will have hand washing stations with hand sanitizer at the entrance of the lot. We understand that any permit to operate is also subject to any current city, county or state ordinances.

If you require further information please contact my project manager, Holly Prinz, at 707-775-1520 or via email at [email protected].

Jerome R Klima JR
LLC Member
ABC Tree Farms, LLC
Method of Operations Proposed Christmas Tree Sales
ABC Tree Farms, LLC
Moonlite Center
2610 El Camino Real, Santa Clara, CA
APN 290-06-020
2023
Proposed days of operation are November 10, 2023 through December 31, 2023 for Christmas tree sales which includes several days before and after for lot set up and tear down. Lot will be open to the public from November 18 through December 24, 2023.

Hours of operation will be Seven days a week, Sunday through Thursday we will open at 10:00 AM and close at 9:00 PM. Friday and Saturday we will open at 9:00 AM and remain open until 9:30 PM.

The area will be as diagrammed in the attached Potential Christmas Tree Sales Plot Plan.

All necessary permits and approvals will be acquired from the City. Garbage and chemical toilets including (1) handicap accessible toilet will be provided on the site (90”H x 67” W x 86.5D with seat height of 19”. We have no hazardous chemicals on our site. Handicap parking will be available at the entrance with a 36” wide clear path accessible by wheelchairs to the cashier booth/area. We are requesting the use of a 40’ x 100’ tent that will have a posted Maximum Occupancy signs of 180 and is made of flame retardant materials with posted label. This will be cleared through the appropriate Building and Fire Departments. Power will be supplied by Silicon Valley Power with (2) 200 amp temporary power poles with permits pulled through the Building Department.

Signage will be as diagrammed (exit, no smoking). Parking is as diagrammed on the site plan and traffic flows will be as diagrammed.

Items that will be sold will be Christmas trees, wreaths and garlands and assorted Christmas Holiday Items. Anticipated attendance over the course of the 30 day period is approximately 1500 families. Our application is similar to the operations we ran in the 2016-2022 seasons.

COVID-19 Protocols: We are prepared to enforce crowd control, social distancing and mask wearing etc., as well as remain compliant with any current regulations that may be in effect for COVID-19. All locations will have hand washing stations with hand sanitizer at the entrance of the lot. We understand that any permit to operate is also subject to any current city, county or state ordinances.

If you require further information, please contact the project manager, Holly Prinz, at 707-775-1520 or via email at [email protected].

Jerome R Klima JR
LLC Member
ABC Tree Farms, LLC

EL CAMINO REAL

BOWE AVE

MOON LIGHT
CENTER

ABC TREE FARMS

PUMPKIN PATCH
APN 290 - 06 - 020
2610 EL CAMINO REAL

SANTA CLARA, CA
DRAWN BY: HUAN NGUYEN
CONTACT: JERRY KLIMA
TELEPHONE: 503 975 8733
1 INCH
25 FEET SCALE:

N
S
E
W
LARGE
SLIDE
SMALL
SLIDE
CANOPY
20’ x 20’
CANOPY
20’ x 20’
CANOPY
20’ x 20’

PLAY AREA

PIRATE SHIP
12’ x 30’
TENT
40’ x 40’ STORAGE

CONTAINER
ASST
MGR RV
MGR RV
8’ x 20’
JUMPER
15’ x 15’
3 IN 1
20’ x 20’
X

PARKING
160’
140’
110’
45’
35’ 35’
ADA
TOILET
CONES+ DIRECTIONALS

FOR VEHICLES

TEMPORARY

TOILETS
PAINT
BALL
RANGE

SLIDE SLIDE
KIDDIE
PLAY
AREA
15’ x 20’
TENT
40’ x 40’

CUSTOMER

ENTRANCE / EXIT
(2) 200AMP
TEMP
POWER
= LIGHT UP BATTERYBACKUP EXIT SIGNS
EE = LIGHT UP BATTERY BACKUP EXIT SIGNS
= NO SMOKING SIGNS
= FIRE EXTINGUISHER
ES
ESES
NS

NS NS NS
FE
FE FE
FE
FE
FE FE
FE FE
FE
JUMPER
20’ x 20’
EE
FE
0 0 0
......
,,
/
I
0 \'
t
Central Tent 1-661-290-3375 Phone, 1-661-222-7816 Fax, Central Tent 1-800-997-8368 Toll Free, Page: 24 Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central Central Tent 1-661-290-3375 Phone, 1-661-222-7816 Fax, Central Tent 1-800-997-8368 Toll Free, Page: 24 Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central 40x40 Frame Tent
Poles Color
4 21’10” Hip Rafter Red
16 14’4” Spreader Red
8 10’6” Rafter Green
16 7’8” Legs Black
16 9’4” Spreader White
Accessories
4 Corner Leg Braces
8 Tee Joint Leg Braces
20 Ropes and Stakes
(16 Minimum)
160 Feet-Sidewall
Fittings
4 Corner C1001
1 8 Way Crown C1007
8 Side Tee Joint C1003
4 6 Way Side Tee C1002
4 6 Way Hip Joint C1009
120 Canopy Pins P102
Tops Options
White 13oz. Translucent
White 15oz. Blackout
Colors (Solid or stripe)
Expandable 2 pieces.

Frame Options
2 in. Frame standard
D-Tube Heavy duty
10 <- 1:'"3" -> ;
79~ .. ~ 10'
"
40'
~___,:1 IO'
1 :r
~ T
Standard Pitch
10'-0"
11 <ttrtititatt of jflame lt\tststanct

REGISTERED

APPLICATION
CONaRNNo.

I FA-415011

ISSUED BY

ANZA TENT DESIGN
375 MAPLE AVE
TORRANCE, CA.

Dole freofed or
manufactured
11/2007
Thi, is to certify that the materials described on the rever.se side hereof have been Romeretardant treated ( or are inherently nonllammable ).

FOR ABC Seasonal Specialty Supply ADDRESS 238.0 Monroe Street CITY Santa Clara STATE_ Califor_n_i_a _________ _
□
Certilicafion is hereby made that: (Check "a" or "b")
(a) The ortlcles described on the reverse side of this Certiflcate have been treated with a flame-retardant chemical approved and registered by the State Fire Marshal ond that the application of said chemical was done in conformance with 1he laws of the State of California and the Rules and Regulations of the State Fire Marshal.

Name of chemical used .................................. ·-···•·······················Chem. Reg. No •.•.........••.••..••.. : •....

Method of application ..................................................................................................................... ; .. ~ (b) The articles described on the reverse side hereof are made from a flame--resistant fabric or material L!J registered and approved by the State Fire Marshal for such use, Trade name of flame-resistant fabric or material used ........................................ Reg. No .. I~:~.~.~.Ql The Flame Retardant Process Used ____ Will.Not _______ Be Removed by Washing (wlll or wlll not} Armando Gonzalez
Name of Applicator or Production Superintendent
B y _____________ Jim Choura-President _
Title
12 CONTROL NO. _____________ _
CUSTOMER ORDER NO, _________ _
CUSTOMER INVOICE NO, ________ _
YARDS OR QUANTITY _________ _
COLO.~-----------------
STYL~---------------~---'-'-
DATE PROCESSED __________ _
2- 40 1 x40 1 (2pc) •16oz. b/o white .frame canopy top
1- 40'x60' (3pc) 16oz. b/o white frame c.anopy , top
with 40'x20' 16oz. b/o white canopy middle . . .,,.,,., ---------- ------
13 40' x 40' x 8' CANOPY
RED 10' 6"
WHITE 9'4"

PARTS LIST
Qty Pipe Wt. per Total Qty Fittings · Wt. per Total Qty Accessories Wt. per Total 16 7' 8" (Legs) 7 lbs 112lbs 4 Corners 5 lbs 20 lbs 1 40x40 Top 267lbs 2671bs 8 1 0' 6"(Hip Rafter) 9 lbs 72 lbs 1 8 Way Crown 13 lbs 13 lbs 116 Pins 1/2 lbs 58 lbs 16 14' 4"(Hip Rafter) 13 lbs 208lbs 8 Tee Fittings 6 lbs 48 lbs 16 9' 4" (Spreader) 8 lbs 128lbs 4 Inter-fittings 6 lbs 24 lbs 4 21' l0112"(Spreader) 19 lbs 76lbs 4 Special Tee fit. 10 lbs 40 lbs Total Weight: 1066 lbs

ABC TREE FARMS

CHRISTMAS TREE LOT
APN 290 - 06 - 020
2610 EL CAMINO REAL

SANTA CLARA, CA
ASST
MGR RV

EL CAMINO REAL

BOWE AVE

MOON LIGHT
CENTER
DRAWN BY: HUAN NGUYEN
CONTACT: JERRY KLIMA
TELEPHONE: 503 975 8733
1 INCH
25 FEET SCALE:

TENT
40’ x 100’

STORAGE

CONTAINER
MGR RV
8’ x 20’ CUSTOMER ENTRANCE / EXIT
(2) 200AMP
TEMP
POWER
X

PARKING
160’
125’
110’
45’
35’ 35’
CONES+ DIRECTIONALS

FOR VEHICLES
TRASH

CHRISTMAS
TREE

SALES AREA
ADA
TOILET

TEMPORARY

TOILETS
ES
ES
ES

NS NS NS
N
S
E W
= LIGHT UP BATTERYBACKUP EXIT SIGNS
EE = LIGHT UP BATTERY BACKUP EXIT SIGNS
= NO SMOKING SIGNS
= FIRE EXTINGUISHER
ES
NS
FE
FEFE
FEFE

FEFE FEFE
FE
FE
FE
EE
15 0 0 0
'\ I/
,, ......
/ I \'
t
10'-0" 10'-0" 10'-0" 10'-0"
1 10'-0" 10'-0" 10'-0" 10'-0"
100'-0"
STAKE BAR W/ 3 STAKES ALONG

LONGITUDINAL SIDES OF TENT (TYP)
SEE DETAIL 4
100'-0"
7'-8" 10'-0"
10'-0" 10'-0" 10'-0" 10'-0"

LONGITIDUNAL ELEVATION

NOT TO SCALE
1 10'-0" 10'-0" 10'-0"

GUY LINE CONNECTS

TENT TO STAKE BAR (TYP)
10'-0"
2 10'-0" 10'-0" 10'-0"
40' x 100' FRAME HIP END TENT

NOT TO SCALE
1"Ø x 36" STAKE ALONG TRANSVERSE
SIDE OF TENT (TYP)SEE DETAIL 3
40' x 100' FRAME HIP END TENT

NOT TO SCALE
10'-0"
45° 45°
7'-8"
(TYP)
7'-8"
(TYP)
40'-0"
7'-8" 10'-0" 45° 45°

TRANSVERSE SECTION

NOT TO SCALE
2 10'-0" 10'-0"
40'-0"
10'-0" 10'-0"

CONNECT GUY LINE

TO ROOF'S EAVE (TYP)

CONNECT GUY LINE

TO ROOF'S EAVE (TYP)
4 3
SINGLE STAKESEE DETAIL 3STAKE BAR W/ 3 STAKESSEE DETAIL 4 LEGEND
TOTAL NUMBER OF SINGLE-STAKE ANCHORS = 10TOTAL NUMBER OF GROUP-STAKE ANCHORS = 22

DETAIL OF SINGLE STAKE (TYP)

NOT TO SCALE
3 OUTGUY CONNECTION

TO TENT FRAME (TYP)
45°
4 1" Ø x 36"

TENT STAKE (TYP)

OUTGUY CONNECTION

TO TENT FRAME (TYP)

DETAIL OF GROUP STAKING (TYP)

NOT TO SCALE
1" Ø x 36" STAKE

PER LOCATION

ALONG TRANSVERSE

SIDE OF TENT (TYP)

STAKE BAR PERPENDICULAR

TO TENSION LINE (TYP)
NOTE: USE 3 STAKES
 -81( 20

NOT TO SCALE

GEISSLER ENGINEERING
Civil Structural
235 MONTGOMERY STREET SUITE 1011
SAN FRANCISCO, CA 94104
TEL: (415) 760 - 5636
E17 - 2343
S1
40' x 100' FRAME HIP END TENT
 EL CAMINO REAL SANTA
CLARA, CA 95051
40' x 100' HIP END TENT
 EL CAMINO REALSANTA CLARA, CA 95051
16 General Notes
I--
Lf--------l"-0--:J----------'
Peter Geissler, Ph.D., P.E.

Consulting Civil Engineer
17 WIND LOADING ANALYSIS
40' x 100' AZTEC TENT ANALYSIS
Date: 10 t h June 2021
Site:

Client:
2610 El Camino Real
Santa Clara, CA 95051
Jerry Klima
ABC Tree Farms
Ref: Geissler Engineering Project No. E 1 7 - 2343
Drawings by Geissler Engineering dated 10 June 2021
Building Code: 2019 California Building Code
ASCE 7-10

SCOPE OF WORK
At issue is the anchorage adequacy of the 40' x 1 00' Aztec Tent Frame.

WIND LOADING ANALYSIS
The Directional Procedure (Sect. 2 7.1, ASCE 7-1 0) is used to determine the wind loading pressures and the factored (as per required load combinations) wind loading pressures acting on both structures.

Step 1. - Determine risk category
Risk Category = I
Step 2. - Determine the basic wind speed
Basic Wind Speed, V = 90 mph
Step 3. - Determine the wind load parameters
Wind directionality factor, Ko = 0.85
Exposure Category= "C"
Topographic factor, Kzt = 1.0
Gust Effect Factor, G = 0.85
(Table 1.5- 1,ASCE 7-10)
(As per local Fire Marshall ordinance)
(Table 26.6-1 , ASCE 7- 10)
(Sect. 26.7, ASCE 7-10)
(Sect. 26.8, ASCE 7- 10)
(Sect. 26.9, ASCE 7- 10)
2 18
Internal Pressure Coefficient, GCp; = ± 0.00 (Sect. 26. 11 , ASCE 7-10) Step 4 . - Determine velocity pressure exposure coefficient The wind velocity pressure exposure coefficient, Kz, varies and is dependent on the height above ground. (Table 27.3-1, ASCE 7-10)
height above velocity pressure
ground, z (ft) exposure
coefficient, Kz
0- 15 0.85
20 0.90
25 0.94
30 0.98
Kh is eva luat ed at the mean roof height. The mean roof height of the tent, h, and Kh is the following. h = 1 2.67ft
Kh = 0 .85
mean roof height
(Table 27.3-1 , ASCE 7-10)
3 19
Step 5 . - Determine velocity pre55ure
Velocity Pressure, qz, evaluated at height z is determined by the following equation:
qz = 0.00256 Kz Kzt Ka V2 (Eqn. 27.3-1, ASCE 7-10)
Velocity Wind Basic Wind velocity Height above pressure Topographic Directionality Speed, V pressure, qz grou nd, z (ft) exposure Factor, Kzt
coefficient, Kz
Factor, Kd (mph) (psf)
0- 15 0.85 1 0.85 100 14.98
20 0.9 1 0.85 100 15.86
25 0.94 1 0.85 100 16.57
30 0.98 1 0.85 100 17.27
Height of the tent wa lls do not exceed 15 ft. However, the va lue for qz and qh shall be taken as the same for conservative design.
qz = qh = 0.00256 (0.85) (1.0) (0.85) (90) 2 = 14.98 psf Step 6. - Determine external pre55Ure coefficient5
External pressure coefficients, Cp, are determined for two wind directions: (i) parallel to the short tent dimension and; (ii) parallel to the long tent dimension. External pressure coefficients, Cp, are determined as per Figure 27.4-1, ASCE 7-10 and tabulated below.

The external and net wind pressures are:

MWFRS Pre55ure5: Wind Parallel To Short Building Direction Pnet = Pexcp; (psf)
Surface z (ft) qz (psf) G Cp pext = qzGCp GCp;= GCp;=

0.18 -0.18
Windward Wa ll All 14.98 0.85 0.8 10.19 7.49 12.88
Leeward Wall All 14.98 0.85 -0.5 -6.37 -9.06 -3.67
Side Walls All 14.98 0.85 -0.7 -8.91 -11.61 -6.22
Windward Roof

14.98 0.85 -0.2 -2.55 -5.24 0.15 -

14.98 0.85 0.3 3 .82 1.12 6.52
Leeward Roof All 14.98 0.85 -0.6 -7.64 -10.34 -4.94
Plus and minus signs signify pressures acting toward and away from the surfaces respectively. 4 20
MWFRS Pre55ure5: Wind Parallel To Long Building Direction Pnet = Pexcp; (psf)
Surface z (ft) qz (psf) G Cp pext = qzGCp GCr; = GCr; =

0.18 -0.18
Windward Wall Al l 14.98 0.85 0.8 10.19 7.49 12.88
Leeward Wall All 14.98 0.85 -0.5 -6.37 -9.06 -3.67
Side Walls Al l 14.98 0 .85 -0.7 -8.91 -11 .61 -6.22
0- h

14.98 0 .85 -0.9 -11.46 -14.16 -8.76

14.98 0.85 -0.1 8 -2.29 -4.99 0.40
Roofs h - 2h 14.98 0 .85 -0.5 -6.37 -9.06 -3.67

14.98 0 .85 -0.18 -2.29 -4.99 0.40
> 2h

14.98 0.85 -0.3 -3.82 -6.52 -1.12

14.98 0 .85 -0.18 -2.29 -4.99 0.40
Plus and minus signs signify pressures acting toward and away from the surfaces respectively.

Step 7 - Determine the wind pre55ure, P
The tent is enclosed. Therefore, the wind pressure, P, shall be determined as per equation 2 7.4-1, ASCE 7-10.
design wind pressure
Wind Parallel To Short Tent Direction - De5ign Pre55ure5, P (p5f) Load Ca5e Windward Wall Windward Roof Leeward Roof Leeward Wall A 10.19 -2.55 -7.64 -6.73
B 10.19 3.82 -7.64 -6 .73
Wind Parallel To Long Tent Direction - De5ign Pre55ure5, P (p5f) Load Ca5e Windward Leeward Roof Zone Roof Zone Roof Zone Wall Wall (O-h) (h - 2h) (>2h)
C 10.19 -6.37 -11.46 -6.37 -3.82
D 10.19 -6.37 -2.29 -2.29 -2.29
The forces acting on each tent surface in all cases are tabulated as follows. 5 21
Load Ca5e A: Wind Parallel To Short Tent Direction
Horizontal Vertical Sum of Sum of
Surface Area Pext = Force, F Force, Fx Force, Fy
Horizontal Vertical
(sq. ft.) qzGCr (lb) (lb) (lb) Forces, Fxnet Forces, FYnet (lb) (lb)
Windward
Wall 767 10.19 7,810 7,810 0
Leeward
Wall 767 -6.37 -4,882 4,882 0 17,770 -20,391
Windward
Roof 2,236 -2.55 -5,695 -2,539 -5,098
Leeward
Roof 2,236 -7.64 -17,085 7,617 -15,293
Load Ca5e B: Wind Parallel To Short Tent Direction
Horizontal Vertical Sum of Sum of
Surface Area Pext = Force, F Force, Fx Force, FY Horizontal Vertical (sq. ft.) qzGCr (lb) (lb) (lb) Forces, Fxnet Forces, FYnet (lb) (lb)
Windward
Wall 767 10.19 7,810 7,810 0
Leeward
Wall 767 -6.37 -4,882 4,882 0 24,118 -7,647 Windward
Roof 2,236 3.82 8,543 3,809 7,647
Leeward
Roof 2,236 -7.64 -17,085 7,617 -15,293
6 22
Load Case C: Wind Parallel To Long Tent Direction
Horizontal Vertical
Sum of Sum of
Surface
Area Pext = Force, F
Force, Fx Force, Fy
Horizontal Vertical
(sq. ft.) qzGCp (lb) (lb) (lb) Forces, Fxnet Forces, FYnet (lb) (lb)
Windward Wa ll 507 10.19 5,162 5,162 0
Leeward Wall 507 -6.37 -3,226 3,226 0
0-h 566 -11.46 -6,492 0 -5,811 8,388 -20,459
Roof h- 2h
Zone 566 -6.37 -3,607 0 -3,229
>2h 3,339 -3.82 -12,757 0 -11,419
Load Case D: Wind Parallel To Long Tent Direction
Horizontal Vertical
Sum of Sum of
Surface Area pext = Force, F
Force, Fx Force, Fy
Horizontal Vertical
(sq. ft.) qzGCp (lb) (lb) (lb)
Forces, Fxnet Forces, FYnet
(lb) (lb)
Windward Wa ll 507 10.19 5,162 5,162 0
Leeward Wall 507 -6.37 -3,226 3,226 0
0-h 566 -2.29 -1 ,298 0 -1, 162 8,388 -9,176
Roof h- 2h
Zone 566 -2.29 -1,298 0 -1, 162
>2h 3339 -2.29 -7,654 0 -6,851
7 Ÿ
Ÿ
Ÿ
Ÿ
23 Step 8 - Consider load combinations
Most severe lateral force
Most severe uplift force
Sum of Lateral and Uplift Forces
Load Case Fx
A 17,770
B 24,118
C 8,388
D 8 ,388
F iateral = 24, 118 lb
F uplift = -20,459 lb
Fy
-20,391
-7,647
-20,459
-9,176
The basic load combination that accommodates for the worst case shall be taken:

F coMBINATION = 0.6 D + 0.6 W
Factored lateral force
Factored uplift force
(Sect. 2.4.1, ASCE 7-10)
Factored (0.6W) Sum of
Lateral and Uplift Forces
Load Case Fx Fy
A 10,662 -12,234
B 14,471 -4,588
C 5,033 -12,275
D 5,033 -5,506
Governing: 14,471 -12,275
(0.6) (24,118) = 14,471 lb
(0.6) (-20,459) = -12,275 lb
Evaluate Proposed Staking Layout
Stakes are used as the primary anchoring method to prevent uplift and sliding caused by wind loading. The stakes are connected to the tent's framing members at the roofs eave height by way of guy lines (tension lines). Stakes are 1 inch in diameter and 36 inches in length. Stakes are required to be completely embedded into earth.

See drawings by Geissler Engineering dated 30 August 2017. 8 24
Staking Anchorage Reauirements:
•
Stake pullout strength is determined as per 2006 IFAI PulloutCapacityofTentStakes.

Pullout Capacity for a Sin~le Stakes
Pb= 800 lb pullout capacity for a standard stake (the baseline case) Ce= 1.0 correction factor for embedment depth
Cf = 1.0 correction factor for fastening height
C;= 1.0 correction factor for stake inclination
Cd= 1.0 correction factor for stake diameter
C1= 0.9 correction factor for load angle
pullout capacity for a single stake
....._ ___ P_=_6_8_0 __ lb__ ....,I allowable tension for single stake Pullout Capacity for Grouped Stakes
Number of Stakes= 3 stakes three stakes installed in a line perpendicular to direction of pull
P = Pb x Ce x Cf x Ci x Cl x Cd x Cg pullout capacity for a grouped stakes Pg= 1,877 lb allowable tension for grouped stakes
9 25
Longitudinal Wall (Long Wall)
Single stake anchorage locations =
Group stake anchorage locations=
Number of anchorage locations=
Transverse Wall (Short Wall)
Single stake anchorage locations =
Group stake anchorage locations =
Number of anchorage locations=
*Total number of anchorage locations for entire tent=
(*Corners have 2 anchors installed in both isometric directions.

This condition has been considered)
Check Lateral Wind Loading Against Proposed Anchorage
Governing Lateral Force, Fiateral =
Number of anchorage locations in tension=
Tension at each anchorage location, FrL =
(F1atera1/ number of anchorage locations in tension)
Number of single-stakes in tension=
Combined tensile strength of single-stake locations=
Number of group-stakes in tension=
Combined tensile strength of group-stake locations=
Resistance against lateral wind loading=
DIC=
Check Uplift Wind Loading Against Proposed Anchorage
Governing Uplift Force, Fup111t =
Number of anchorage locations in tension=
Tension at each anchorage location, FrL =
(FupliW number of anchorage locations in tension)
Number of single-stakes in tension=
Combined tensile strength of single-stake locations=
Number of group-stakes in tension=
Combined tensile strength of group-stake locations=
Resistance against uplift wind loading =
DIC=
0 locations
11 locations
11 locations
5 locations
0 locations
5 locations
32 locations
14,471 lb
21 locations
689 lb
10 6 ,800 lb
1 1
20,645 lb
27,456 lb

1.90 PASS
12,275 lb
32 locations
384 lb
10 6 ,800 lb
22 41,290 lb
48,090 lb
3 .92 PASS
26 CALIFORNIA DEPARTMENT O.F' FORESTRY and FIRE PROTECTION

OFFICE OF THE STATE FIRE MARSHAL

REGISTERED FLAME RESISTANT PRODUCT
Product :

SOLAR TENT 16 OZ; 13 OZ
Product Marketed By:

LARK INTERNATIONAL INC
9820 BELL RANCH DR #102
SANTA FE SPRINGS, CA 90670
Re qistration No.

F-92801
This product meets the minimum requirements of fl arnt: resistunce established by the Californ ia State Fire Marshal (or producrs identified iu Section lJ 11 5. California Health and Safety Code.

The scope of the approved use of this product is provided in the current edition of the CALIFORNIA APPROVED LlST Of FLAME RETARDANT CHEl'vUCALSAND FABRICS, GENERAL AND LIMITED AI'PLlCATJONS CONCERNS published by the California State Fire Marshal.

Expire: 6/30/2019
Deputy State Fi~e Marshal
27 CARP.A SUPPLY
Qoa.lltll v .. cTOLL FREE: 844-756-4495
CELL: 786-512-3940
www:cargas
:'HIO:.. ... ~.
-· ' Wl'QMii:~m
..........
-·--·-
.,__ .. _ •--JNn-
.. -,......, .... °""- .,_._.......,._lllolMI .. -~, .. -...... ............... -~ ...
..__-.i;- --- ' . ,.. ' .....
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-
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-
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-960 Agenda Date: 8/29/2023

REPORT TO COUNCIL

SUBJECT
Action on a Request for a Special Permit to Allow Seasonal Pumpkin Patch and Christmas Tree Sales Events at 3590 Benton Street from October 1, 2023 through December 24, 2023

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The applicant, Holly Prinz of ABC Tree Farms, LLC, requests a Special Permit pursuant to Zoning Code Section 18.60.030 to allow seasonal Pumpkin Patch and Christmas Tree sales events located on a vacant lot at the southeast corner of Lawrence Expressway and Benton Street (3590 Benton Street). The property is zoned as Single Family Residential (R1-6L). However, City Code Section

18.60.030 allows activities to be performed in any non-industrial Zoning District for any use not otherwise regulated within the Zoning Code upon issuance of a Special Permit by the City Council.

The site is adjacent to a church and the Calabasas Creek. Neighboring properties include singlefamily, multi-family, and commercial uses.

The Pumpkin Patch sales event is proposed to begin on October 1, 2023, and end on October 31, 2023, with setup commencing on September 20, 2023 and breakdown to be completed by November 10, 2023. The Christmas Tree sales event will begin on November 18, 2023, and end on December 24, 2023, with setup commencing on November 10, 2023 and breakdown to be completed by December 31, 2023. The hours of operation for the Pumpkin Patch will be from 10:00 a.m.-9:00 p.m., Sunday through Thursday, and 10:00 a.m.-10:00 p.m., Friday and Saturday. The hours of operation for the Christmas Tree lot will be from 10:00 a.m.-9:00 p.m., Sunday through Thursday, and 9:00 a.m. -9:00 p.m., Friday and Saturday.

The proposed pumpkin sales event would include temporary tents, children’s inflatable entertainment units, a dumpster area, and a storage container. The Christmas tree sales event would include similar temporary facilities. Power will be supplied by Silicon Valley Power. The property is owned by the County of Santa Clara which has provided written authorization for the temporary use.

DISCUSSION
Granting of a Special Permit requires the City Council to make certain findings consistent with City Code Section 18.60.030 (c). The proposed temporary use, with limited duration and operations proposed, is not anticipated to adversely impact the surrounding land uses in that the events will occur over a limited time period and will be subject to conditions which reduce potential negative impacts, including a condition of approval that the use be conducted in a manner that does not create a public or private nuisance. Operating the temporary events would not impair the integrity or City of Santa Clara Page 1 of 3 Printed on 8/24/2023
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23-960 Agenda Date: 8/29/2023
character of the zoning district since the events will allow the purchase of pumpkins and trees for surrounding community. Any possible impacts would also be offset by the benefit to the community from the event.

Parking would be provided onsite and is not expected to affect the neighborhood. Traffic may be temporarily impacted, however, given the site context and the limited timeframe of the proposed use, the benefits of providing access to holiday décor outweigh the potential disadvantages, and conditions of approval help protect the surrounding community from adverse impacts.

The Special Permit is subject to revocation should a problem arise. Pumpkin Patch and Christmas Tree lots operated at this location in prior years have not resulted in any known negative impacts to the community.

Draft Permit and Conditions

1. The proposed permit would be subject to conditions of approval as follows:

2. Special Permit shall be valid from October 1, 2023 through December 24, 2023; with set-up beginning on September 20, 2023, and breakdown/clean-up to be completed by December 31, 2023, with the following sales allowances:
a. Pumpkin Patch sales: October 1, 2023 through October 31, 2023; b. Christmas Tree sales: November 18, 2023 through December 24, 2023;

3. Pumpkin Patch hours of operation: Sunday through Thursday from 10:00 a.m.-9:00 p.m. and Friday and Saturday from 10:00 a.m.-10:00 p.m.;

4. Christmas Tree lot hours of operation: Sunday through Thursday from 10:00 a.m.-9:00 p.m. and Friday and Saturday from 9:00 a.m.-9:00 p.m.;

5. The applicant shall obtain and comply with all applicable Santa Clara Building Division and/or Fire Department directives, permits, and requirements, including but not limited to temporary electrical and tent permits;

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

9.10.040, noise and sound regulation;

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

8. There shall be no “searchlight” beams, streamers, or roof-mounted balloons during the event;

9. Upon conclusion of the Pumpkin Patch/Christmas Tree sales events, the vacant lot shall be cleaned and returned to its prior condition; and

10.The use shall operate in a manner that does not create a public or private nuisance.

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

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

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

City of Santa Clara Page 2 of 3 Printed on 8/24/2023
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23-960 Agenda Date: 8/29/2023

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

RECOMMENDATION

1. Determine the issuance of the Special Permit to be categorically exempt from formal environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and

2. Approve the request of a Special Permit to allow for a seasonal Pumpkin Patch and Christmas Tree sales events at 3590 Benton Street from October 1, 2023 through December 24, 2023, subject to conditions.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. ABC Tree Farms 3590 Benton Street Operations Plan

2. Site Plans
City of Santa Clara Page 3 of 3 Printed on 8/24/2023
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Method of Operations Proposed Halloween/Pumpkin Patch
ABC Tree Farms, LLC
3590 Benton Street, Santa Clara, CA
2023
Proposed Days are September 20, 2023 through November 10, 2023 for the Pumpkin/Halloween Sales, which includes several days for set up and tear down of the operation. Lot will be open to the public from October 1 through October 31, 2023. Hours of operation will be Seven days a week, Sunday through Thursday we will open at 10:00 AM and close at 9:00 PM. Friday and Saturday we will open at 10:00 AM and remain open until 10:00 PM.

The area will be as diagrammed in the attached Potential Halloween/Pumpkin Patch Plot Plan. All necessary permits and approvals will be acquired from the City. Garbage and chemical toilets including (1) handicap accessible toilet will be provided on the site (90”H x 67” W x 86.5D with seat height of 19”. We have no hazardous chemicals on our site. Handicap parking will be available at the entrance with a 36” wide clear path accessible by wheelchairs to the cashier booth/area. We are requesting the use of a 40’ x 80’ tent with posted signs of Maximum Occupancy of 160 on each side of tent which is made of Fire Retardant material and will have required labels. Tent will be open on all sides. Lighted exit signs will be placed inside the tent and will be on two separate circuits in the tent. This will be cleared through the appropriate Building and Fire Departments. Power will be supplied by Silicon Valley Power with (2) 200 amp temporary power poles with permits pulled through the Building Department. Signage will be as diagrammed (exit, no smoking). Parking is as diagrammed on the site plan and traffic flows will be as diagrammed. Parking will be at least 20 feet from any temporary membrane structures, tents or canopies. We will have approximately 9 inflatable amusements including bounce houses, obstacle courses and slides for children ages 2-12 that meet all California state requirements and one hard slide. Inflatables are tied down using 1"x36" double head steel stakes made by Hogan Tent Stakes that go into the ground 30 inches. Each stake has the capability of holding down 2000 lbs. The tie down consist of a minimum 3/8" polypropylene rope with a minimum breaking strength of 2430 lbs. The rope is tied to stake and all tie downs located on the inflatable. Tie downs are double stitched on all inflatables. Small Jumpers (20x20) generally have 6-10 tie downs. Medium Size Jumpers or 3N1's generally have 8-12 tie downs and 40x60 Slides have 20 tie downs. No flammable or combustible liquids will be stored on site.

Items that will be available will be pumpkins, inflatable amusements, Halloween Sundries and décor along with a small animal display area. Anticipated attendance over the course of 30 days is approximately 2500 people. Our application is similar to the operations we ran in the 2010-2022 seasons. A scaled diagram is attached.

COVID-19 Protocols: We are prepared to enforce crowd control, social distancing and mask wearing etc., as well as remain compliant with any current regulations that may be in effect for COVID-19. All locations will have hand washing stations with hand sanitizer at the entrance of the lot. We understand that any permit to operate is also subject to any current city, county or state ordinances.

If you require further information, please contact my project manager, Holly Prinz, at 707-775-1520 or via email at [email protected].

Jerome R Klima JR
LLC Member
ABC Tree Farms, LLC
Method of Operations Proposed Christmas Tree Sales
ABC Tree Farms, LLC
3590 Benton Street, Santa Clara, CA
2023
Proposed days of operation are November 10 through December 31, 2023 for Christmas tree sales, which includes set up and tear down of the operation. Lot will be open to the public for sales from November 18, 2023 to December 24, 2023. Hours of operation will be seven days a week, Sunday through Thursday we will open at 10:00 AM and close at 9:00 PM. Friday and Saturday we will open at 9:00 AM and remain open until 9:00 PM.

The area will be as diagrammed in the attached Potential Christmas Tree Sales Plot Plan.

All necessary permits and approvals will be acquired from the City. Garbage and chemical toilets including (1) handicap accessible toilet will be provided on the site (90”H x 67” W x 86.5D with seat height of 19”. We have no hazardous chemicals on our site. We are requesting the use of a 40’ x 80’ tent with posted signs of Maximum Occupancy of 160 on each side of tent and made of flame retardant material with labels attached. Lighted exit signs will be placed inside the tent and will be on two separate circuits in the tent. This will be cleared through the appropriate Building and Fire Departments. Power will be supplied by Silicon Valley Power with (2) 200 amp temporary power poles with permits pulled through the Building Department. Signage will be as diagrammed (exit, no smoking). Parking is as diagrammed on the site plan and traffic flows will be as diagrammed. Parking will be at least 20 feet from any temporary membrane structures, tents or canopies. No flammable or combustible liquids will be stored on site.

Items that will be sold will be Christmas trees, wreaths and garlands and assorted Christmas Holiday Items. Anticipated attendance over the course of the 30 day period is approximately 1500 families. Our application is identical to the operations we ran in 2006-2022 seasons.

COVID-19 Protocols: We are prepared to enforce crowd control, social distancing and mask wearing etc., as well as remain compliant with any current regulations that may be in effect for COVID-19. All locations will have hand washing stations with hand sanitizer at the entrance of the lot. We understand that any permit to operate is also subject to any current city, county or state ordinances.

If you require further information please contact the project manager, Holly Prinz, at 707- 775-1520 or via email at [email protected].

Jerome R Klima JR
LLC Member
ABC Tree Farms, LLC

LAWRENCE EXPRESSWAY
365’
150’
250’

VEHICLE

ENTER/ EXIT

INFLATABLES

PUMPKIN

DISPLAY

SERVICE VEHICLE

ENTER/ EXIT

DUMPSTER

HANDICAP TOILET
TOILET
EE

SERVICE EXIT

MGR TRAILER

MGR TRAILER

STORAGE CONTAINER

ENTRANCE
EXIT
ADA
ADA
240’

BENTON STREET
TOILET
CONES

ABC TREE FARMS

PUMPKIN PATCH
3590 BENTON STREET
APN 290-22-154
SLIDE
SMALL
SLIDE

WALKWAY
PAINT
BALL
RANGE
TENT
40 ‘x 80’
20’
N
= LIGHT UP BATTERY

BACK UP EXIT SIGN
EE = EMERGENCY EXIT

LIGHT UP BATTERY

BACK UP
= NO SMOKING SIGNS
= FIRE EXTINGUISHER
ES
ES
ES
NS
NS
NS
NS
NS
FE
FE
FE
FE
ES
FE
FE FE
FE
FE ES
FE
FE
DRAWN BY: HUAN NGUYEN
CONTACT: JERRY KLIMA
TELEPHONE: 503 975 8733
SCALE: 1 INCH
30 FEET

TEMP PP
20x20
CANOPY
20x20
CANOPY
20’
No Hay/Straw/Cardboard within 50' of Tent
$'$72,/(7
0 0
0 0
0 0
0 0
0 I
1---
1 1---
1 '-
I
'-
I
'-
:a_
I
I ,--
1 :0--
.-----
~
I
•
• ~· I
'----
10__
I
L__
I
'----...;, -.::""""--,L__
I I
I
I
I
I
I 0 ____ J
□•-•□
I
.---
I
.-
1 r--
D0009

ABC TREE FARMS

CHRISTMAS TREES
3590 BENTON STREET
APN 290-22-154

LAWRENCE EXPRESSWAY
365’
150’
250’

VEHICLE

ENTER/ EXIT

SERVICE VEHICLE

ENTER/ EXIT

DUMPSTER
EE

SERVICE EXIT

MGR TRAILER

MGR TRAILER

STORAGE CONTAINER

ENTRANCE
EXIT

CHRISTMAS

TREE DISPLAY

CHRISTMAS

TREE DISPLAY
ADA
ADA
240’

BENTON STREET
TOILET6

HANDICAP TOILET
CONE6

FLOCKING
BOOTH
TENT
40 ‘x 80’
20’
N
= LIGHT UP BATTERY

BACK UP EXIT SIGN
EE = EMERGENCY EXIT

LIGHT UP BATTERY

BACK UP
= NO SMOKING SIGNS
= FIRE EXTINGUISHER
ES
ES
ES
NS
NS
NS
NS
NS
FE
FE
FE
ES
FE

FE FE FE
FE
FE ES
FE FE
FE
DRAWN BY: HUAN NGUYEN
CONTACT: JERRY KLIMA
TELEPHONE: 503 975 8733
SCALE: 1 INCH
30 FEET

TEMP PP
I
I-----
I
I-----
0 I
L----
0 I
L----
0 I
LlQ_
I
·-I
·- CD :0
.-=----
0 ~
•
0 •
••••
0 I
0 I.---
Q_
I
L--
I
L--
I I I, __
I I I
I ___ I I
:_a_ - I I I - _J I 1...---
~
~
I
~
.--

DESIGN & DEVELOPMENT
CIVIL ENGINEERING – STRUCTURAL ENGINEERING – MECHANICAL ENGINEERING – ELECTRICAL ENGINEERING 425 Virginia Street Suite B, Vallejo CA 94590
Main Tel: 707-648-9571
www.monarchengineers.com

STAKING CALCULATIONS
40’x80’ TENT
FOR

ABC TREE FRAMS, LLC
Project Location: 3590 Benton Street
Santa Clara, California
JOB No. 23-001SCR
DATE: May 19, 2023

MONARCH ENGINEERING WAS ENGAGED TO PROVIDE CALCULATIONS AND CONSULTATION IN CONNECTION WITH THE ABOVE DESCRIBED PROJECT. WE HAVE NO AUTHORITY INSOFAR AS CONTRACTOR’S OR OWNER’S PERSONNEL ARE CONCERNED. OWNER AND CONTRACTOR ARE OBLIGATED TO OBSERVE ALL SAFETY ORDINANCES FOR PROTECTION OR PERSONNEL. IN MAKING USE OF THESE DOCUMENTS, CONTRACTOR/OWNER AGRESS TO HOLD

MOANARCH ENGINEERING HARMLESS FROM ALL COSTS OF LITIGATION THAT MAY ARISE OUT OF ALLEGED DAMAGES OR INJURIES ASSOCIATED WITH THE WORK DEFINED BY THESE DOCUMENTS, INCLUDING ATTORNEY’S

FEES AND JUDGEMENTS, UNLESS IT IS PROVEN THAT SAID INJURIES OR DAMAGES RESULTED FROM ERRORS IN OR OMISSIONS FROM THE DOCUMENTS. MONARCH ENGINEERING DOES NOT PROVIDE GEOTECHNICAL SERVICES, ANY ISSUES RELATING TO SOILS MUST BE REVIEWED BY A GEOTECHNICAL ENGINEER. 6/30/24

MONARCH

ENGINEERS
This report shows the anchoring requirements for the tent size mentioned on the cover letter. The tent will be in place for less than 180 days so the temporary wind load reduction applies to the calculation criteria per CBC 2022 and ASCE 7-22. This tent will be installed on the existing asphalt parking lot. In The temporary-structure environment one underlying assumption is that the temporary structure is designed and manufactured under a particular building code in effect at the time the structure is manufactured. An unmodified structure is equivalent to an existing building in the sense that an existing building is not re-engineered every time a new code goes into effect. Therefore, the actual structural design of each member is not analyzed every time the structure is installed. A site-specific wind load analysis is done to determine anchoring, or ballasting required for a particular installation. To minimize the risk a high wind management plan is added to this report and is expected that the installer will follow the protocols outlined in the high wind management plan.

High wind management plan has been included in this package to be implemented, as part of this installation. This management plan serves as minimum requirements.

OPERATIONS MANAGEMENT PLAN

IMPLEMENTATION OF PLAN

1. PRIOR TO EACH INSTALLATION, LANTIER TENT SHALL DESIGNATE A RESPONSIBLE

PERSON IN CHARGE OF IMPLEMENTING ALL PHASES OF THE OPERATIONS MANAGEMENT PLAN.

2. A MEETING SHALL BE HELD AT THE VENUE WITH THE PROMOTER, OWNER OR STAGE

MANAGER TO DISCUSS THE HIGH WIND ACTION PLAN AND OTHER OPERATIONAL ITEMS.

3. THE METHOD OF INITIATING EVENT CANCELLATION OR TENT EVACUATION MUST BE

OUTLINED EXPLICITLY PRIOR TO THE EVENT ALLOWING FOR IMMEDIATE ACTION IF NECESSARY.

4. A COPY OF THIS PLAN SHOULD BE PROVIDED TO LOCAL POLICE OR FIRE

DEPARTMENTS IN ORDER TO HELP USHER PATRONS IN THE EVENT OF AN EVACUATION.

DAILY OPERATIONS PLAN

1. CHECK WEATHER EACH MORNING AND PERIODICALLY THROUGHOUT THE DAY.

2. CHECK TENT BASES AND BALLAST DAILY TO ENSURE ALL REMAIN LEVEL AND PLUMB.

3. CHECK GUY WIRES/STRAPS AND/OR BALLAST ASSEMBLIES DAILY TO VERIFY LINES ARE TENSIONED AND BALLAST HAS NOT MOVED.

4. PROVIDE A DAILY LOG OF THE ABOVE CHECKS FOR EACH INSTALLATION.

HIGH WIND ACTION PLAN

1. THE HIGH WIND ACTION PLAN SHALL BE IN EFFECT FOR THE ENTIRETY OF THE EVENT. AN EVENT SHALL BE DEFINED AS STARTING AT THE INITIAL COMMENCEMENT

OF THE STRUCTURE INSTALLATION AND ENDING ONCE THE STRUCTURE IS COMPLETELY DISMANTLED.

2. A COMPETENT RESPONSIBLE PERSON FROM THE VENUE OR INSTALLER SHALL

BE PRESENT FOR THE DURATION OF THE EVENT TO IMPLEMENT THE HIGH WIND ACTION PLAN (SEE ABOVE).

3. A REGULAR LIAISON WITH LOCAL AIRPORTS AND/OR WEATHER INFORMATION

CENTERS SHALL BE MAINTAINED TO ASCERTAIN IF ANY SIGNIFICANT WEATHER EVENTS ARE EXPECTED IN THE IMMEDIATE VICINITY OF THE STRUCTURE.

4. AN ANEMOMETER SHALL BE PLACED ON THE STRUCTURE TO MONITOR WIND SPEEDS. THE ANEMOMETER SHALL BE PLACED AT THE TOP OF A TOWER OR AN

ADJACENT STRUCTURE AT A HEIGHT EQUIVALENT TO THE HEIGHT OF THE MEAN HEIGHT OF THE ROOF TENT. THE ANEMOMETER SHALL BE LOCATED WITHIN 50 YARDS OF THE STRUCTURE.

MONARCH ENGINEERS

5. NOTED WIND SPEEDS ARE 3-SECOND GUSTS IN ACCORDANCE WITH ASCE 7

6. WHEN THE STRUCTURE IS UNATTENDED OR NOT IN USE: ALL DOORS OR OPENINGS SHALL BE KEPT CLOSED.

7. WHEN WIND SPEEDS ARE EXPECTED TO EXCEED 30 MPH: A TEAM OF QUALIFIED PERSONNEL SHALL BE PUT ON ALERT. ALL NECESSARY PERSONNEL SHALL BE IN PLACE AND PUT ON STANDBY.

8. WHEN WIND SPEEDS REACH30 MPH: A TEAM OF QUALIFIED PERSONNEL SHALL START

INSPECTING BALLAST SYSTEM TO MAKE SURE ALL ELEMENTS ARE IN PLACE AND SET UP EVACUATION PLAN.

9. AT WINDS SPEEDS IN EXCESS OF 45 MPH: A TEAM OF QUALIFIED PERSONNEL SHALL START EVACUATION PLAN. VERIFY THAT BALLAST SYSTEM ARE IN PLACE AND NOT MOVING.

10. THE HIGH WIND ACTION PLAN SHALL BE POSTED AT A CONSPICUOUS AREA ON SITE.

IT MUST BE AVAILABLE AT ALL TIMES TO VENUE OPERATORS AND CREW.

MONARCH ENGINEERS
Staking Guide 2014 published by the Industrial Fabrics Association International Hard The capacities listed are for the followin conditions:
(very dense) 1) 36" minimum embedment
Very Stiff 2) 1" diameter steel stake
(Dense) 3) stakes angle 0 to 15 degrees
Stiff 4) Fastening hieght 2" or less
(Medium desnse) 5) Load angle 45 degrees
Medium
(Medium)
Soft
(Loose)
Very Soft
(Very loose)
400
Soil Consistency Pullout Capacity (lbs)
2,500
1,600
800
200
100
Group Configuration Effectivness Factor
Double Staking 1.22
Three stakes installed in a line
perpendicular to direction of pull 2.76
Three stakes installed in a line
perpendicular to direction of pull
are inclined at 15 degrees

2.46 Six stakes installed in a line
perpendicular to direction of pull 4.68
Four stakes installed in two
columns and two rows and
connected with a gang plate

3.48 Six stakes installed in two
columns and three rows and
connected with a gang plate

4.56 P = Pullout Capacity for a single stake
Pb
Ce Correction factor for embedment depth
Cf
Ci
Cl
Cd
1" diameter steel stake
Pb (lbs.) 800
Ce 1
Cf 1
Ci 1
Cl 1
Cd 1
P (lbs) 800
Correction factor for stake diameter
P = Pb x Ce x Cf x Ci
x Cl x Cd < 2,500#
Pullout capacity for satandard stake
Correction factor for stake fastening height
Correction factor for stake inclination
Correction factor for load angle

WIND CRITERIA
II
64 mph ASCE 7-22
Wind Exposure: B
Tent Size 40'x80'x7.67' Exposure B
Occupancy Category:

Basic Wind Speed , V:

MONARCH ENGINEERS425 Virginia Street, Ste. B, Vallejo CA 94590Tel: 415-448-6073 - Tel: 707-648-9571 This calculation package is only valid for the tent size specified in the "Tent Size" field below. The use of these type of structure is temporary in nature; therefore this package is only valid for structures that will remain in place for less than 180 days. Any period of time exceeding 180 days is not considered temporary according the current building code. This package only determines the required ballast system necessary for safe application. Structural design of the actual structure had been done by others at the time when the structure was built. We are assuming no modification or alterations have deen done to the structure since it was manufactured; therefore we treat this structure as an existing building for internal connection purposes not required to be brought up to current code every time it is rected.We have analyzed the ballast system requirements based on ASCE 7-22.

Temporary structures are erected and occupied for periods of 180 days or less, this is equivalent to an 10-year MRI. Therefore the expected risk to experience winds that a permanent structure will experience is its lifetime is much lower. In addition, this installation comes with a high wind management plan to futher reduce the risk of catastrophic failure. Based on this allowance we calculate the potential wind load to be based on 10-year MRI
40x80x7.67 Exp B - ENCLOSED.xlsx

MONARCH

ENGINEERS

TENT PROPERTIES

40.0018.0013.0027.0010.0080.00

7.67 22.36
85 Adj. (0.6)

1.25 psf 0.75 psf1.25 psf 0.75 psf
Wind Calculationsqz = 0.00256K Kz ztKdV

64.00 mph
Kzt = 1.00 ASCE 7-22 Section 26.8.2
Kz= 0.70 ASCE 7-22 Table 26.10-1
Kd = 0.85 ASCE 7-22 Table 26.6-1Ke = 1.00 ASCE 7-22 Table 26.9-1

0.18 -0.18
qz = 6.24 psf
Roof Slope (degrees):

Bay Width (ft):

Length, B (ft):

V =
Enclosure Classification = Enclosed
Leg Height, z (ft):

GCpi ASCE 7-22 Table 26.13-1
Span, L (ft):

Roof Height, H (ft):

Mean Roof Height, h (ft):

Roof Rafter Length, (ft)
Number of Bays
Roof Equip. Load =
Roof DL =
Number of Legs @ Gable End
40x80x7.67 Exp B - ENCLOSED.xlsx
ASCE 7-10 FIURE 28.3-1

LOAD CASE A
1 2 3 4 1E 2E 3E 4E
27 0.55 -0.06 -0.45 -0.39 0.72 -0.13 -0.58 -0.53

LOAD CASE B
1 2 3 4 5 6 1E 2E 3E 4E 5E 6E
27 -0.45 -0.69 -0.37 -0.45 0.40 -0.29 -0.48 -1.07 -0.53 -0.48 0.61 -0.43

LOAD CALCULATIONSLOAD CASE A
CASE 1 2 3 4 1E 2E 3E 4E
GCpi 2.31 -1.50 -3.93 -3.56 3.37 -1.93 -4.74 -4.43
-GCpi 4.55 0.75 -1.68 -1.31 5.62 0.31 -2.50 -2.18

LOAD CASE B
CASE 1 2 3 4 5 6 1E 2E 3E 4E 5E 6E
GCpi -3.93 -5.43 -3.43 -3.93 1.37 -2.93 -4.12 -7.80 -4.43 -4.12 2.68 -3.81 -GCpi -1.68 -3.18 -1.19 -1.68 3.62 -0.69 -1.87 -5.55 -2.18 -1.87 4.93 -1.56 a= 4.00
WIND PRESSURE q (psf)

BUILDING SURFACES
ʾ (϶) BUILDING SURFACEʾ (϶)

BUILDING SURFACE
WIND PRESSURE q (psf)

BUILDING SURFACE
40x80x7.67 Exp B - ENCLOSED.xlsx
- -
- -
- -
- -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -
- - - -

LOAD CASE A
1 2 3 4 1E 2E 3E 4E
552 1,610 1,610 552 61 179 179 61

LOAD CASE B
1 2 3 4 5 6 1E 2E 3E 4E 5E 6E
552 1,610 1,610 552 730 730 61 179 179 61 4 4

LOAD CASE A
CASE 1 2 3 4 1E 2E 3E 4E
GCpi 1,274 -2,411 -6,328 -1,963 207 -346 -848 -272
-GCpi 2,514 1,205 -2,712 -723 344 56 -446 -134

LOAD CASE B
CASE 1 2 3 4 5 6 1E 2E 3E 4E 5E 6E
GCpi -2,170 -8,739 -5,525 -2,170 1,002 -2,140 -253 -1,395 -792 -253 12 -17 -GCpi -930 -5,123 -1,908 -930 2,641 -501 -115 -993 -391 -115 22 -7 FORCE (lbs)

BUILDING SURFACE
FORCE (lbs)

BUILDING SURFACES
AREAS (ft2)

BUILDING SURFACE
AREAS (ft2)

BUILDING SURFACES
40x80x7.67 Exp B - ENCLOSED.xlsx
---- ----
---- ----
---- ----
---- ---- -,..._
---- ----
---- ---- -,..._ -,..._
---- ----
---- ----

LOAD CASE A
1 2 3 4 1E 2E 3E 4E
2,514 -2,411 -6,328 -1,963 344 -346 -848 -272

LOAD CASE B
1 2 3 4 5 6 1E 2E 3E 4E 5E 6E
-2,170 -8,739 -5,525 -2,170 2,641 -2,140 -253 -1,395 -792 -253 22 -17 FORCE (lbs)

BUILDING SURFACES
FORCE (lbs)

BUILDING SURFACE
40x80x7.67 Exp B - ENCLOSED.xlsx
----
-
----
-
----
-
----
-
-
-
----
-
----
-
-
-
-
-
----
-
----
-
2a = 8.00 ft
Grid lines 1 & 9
Shear Force, Fs (#)
q (psf) 5.62
Area (ft2
) 31
Fs (#) 172 0 172
Uplift Force, Fu (#) D.L.
q (psf) -7.80 0.75
Area (ft2
) 89 Total
Fu (#) -563 0 -496
Resultant Force
FR = я(Fs
2 +Fu
2 )
FR (#) 525
(1) One stake = 800 > 525 OK to use one stake
40x80x7.67 Exp B - ENCLOSED.xlsx
r 10·-0· 10·-0· , 10·--0· , 10·--0· 10--0·
1 , 1•-0·
100·-0·
r 'I 'I ,r , -r 10·--0· ,r 10-0· ,
1 , 10·-o· 10·~ f

PLAN VIEW

ELEVATION VIEW
<t
I
I
1 2 3
ZONE 2
ZON E 1
I• 3'
8'
5'
Grid lines 2 & 8
Shear Force, Fs (#)
q (psf) 5.62 4.55 4.55
Area (ft2
) 23 15 38 Total
Fs (#) 129 70 175 374
Uplift Force, Fu (#) D.L.
q (psf) -7.80 -5.43 -5.43 0.75
Area (ft2
) 67 45 112 Total
Fu (#) -423 -176 -439 -870
Resultant Force
FR = я(Fs
2 +Fu
2 )
FR (#) 795
(2) Two stakes = 976 > 795 OK to use two stakes
40x80x7.67 Exp B - ENCLOSED.xlsx
~ ~
I
I I
I
2 3
ZONE2
ZONE 1
5'
Grid lines 3 & 7
Shear Force, Fs (#)
q (psf) 4.55
Area (ft2
) 77 Total
Fs (#) 349 0 0 349
Uplift Force, Fu (#) D.L.
q (psf) -1.50 0.75
Area (ft2
) 224 Total
Fu (#) -335 0 0 -167
Resultant Force
FR = я(Fs
2 +Fu
2 )
FR (#) 349
(1) One stake = 800 > 349 OK to use one stake
40x80x7.67 Exp B - ENCLOSED.xlsx
ct_ ct_
I I
I I
I 2 I 3 I 4 I
I I
I I
I I
I I
I I
I I

I I I I
J
I __ I __ I ' ' I 10 10 '
7'-8"
(TYP)
10'-0" 10'-0"
40'-0"
10'-0" 10'-0"
80'-0"
10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 2 STAKE BAR W/ 3 STAKES ALONG

LONGITUDINAL SIDES OF TENT

GUY LINE CONNECTS

TENT TO STAKE BAR (TYP)
7'-8"
(TYP)
1 SINGLE STAKE PER LEG ON TRANSVERSE SIDE, TYP
7'-8" 10'-0"

CONNECT GUY LINE

TO ROOF'S EAVE (TYP)
10'-0" 10'-0" 10'-0" 10'-0" 10'-0"
80'-0"
10'-0" 10'-0" 10'-0"
7'-8" 10'-0"

CONNECT GUY LINE

TO ROOF'S EAVE (TYP)
40'-0"
LEGEND
SINGLE STAKESTAKE BAR W/ 3 STAKES
TOTAL NUMBER OF SINGLE-STAKE ANCHORS = 10TOTAL NUMBER OF GROUP-STAKE ANCHORS = 22 40' X 80' FRAME HIP END TENT

ABC TREE FARMS
3590 BENTON ST.

SANTA CLARA, CA

REVISION HISTORY
TEL (707) 648-9571
TEL (415) 448-6073
40' X 80' FRAME HIP END TENT
SCALE: 1/16"=1'-0"
1 LONGITUDINAL ELEVATION SCALE: 1/16" = 1'-0"2 TRANSVERSE SECTION SCALE: 1/16" = 1'-0" 1 S-2.0
2 S-2.0
TYP.
2 S-2.0
2 S-2.0
2 S-2.0
f T T T T T T t
e
~----::J-----.------
No. DATE DESCRIPTION
e e
e
l:\MONARCH\SYSTEMBACKUP\MONARCH\MONARCH PROJECTS\ABC TREE FARMS, LLC\3590 BENTON ST-SANTA CLARA\UPDATE 051923\3590 BENTON ST 40X80.DWG I--
0----0----

MONARCH

ENGINEERS

ENERGY CONSERVATION SUSTAINABILJTY
STRUCTIJRAI. ENGINEERING
................ _ .. _

CIVIL ENGINEERING

ELECTRICAL ENGINEERING

MECI-MICAL ENGINEERING

DESIGN & DEVELOPMENT
~COIIU.,Le~»II
SIZE I DWG BY: DESIGNED BY:

Katy Perry R. Cortez, PE
SCALE: AS NOTED 05/19/2023
APPROVED BY: REV
R. Cortez, PE
SHEET: S-1.0
(E) GRADE
1"Ø STEEL STAKE, PER
PLAN

GUY WIRE OR STRAPS,
10,000 LBS RATING MIN. TYP.
36" MIN.

EMBEDMENT
FIRST STAKE 10' FROM TENT LEG
(E) GRADE

STEEL BRACKET
1"Ø STEEL STAKE, TYP.

GUY WIRE OR STRAPS,
10,000 LBS RATING MIN. TYP.
36" MIN.

EMBEDMENT
STAKE BRACKET 7.67' FROM TENT LEG

TWO STAKE

BRACKET PLAN
VIEW, 1"Ø STEEL
STAKES

REVISION HISTORY
TEL (707) 648-9571
TEL (415) 448-6073
1 SINGLE STAKE DETAIL SCALE: NTS 2 TWO STAKE DETAIL SCALE: NTS 40' X 80' FRAME HIP END TENT

ABC TREE FARMS
3590 BENTON ST.

SANTA CLARA, CA
45•
Qi-------
No. DATE DESCRIPTION
e e
e
l:\MONARCH\SYSTEMBACKUP\MONARCH\MONARCH PROJECTS\ABC TREE FARMS, LLC\3590 BENTON ST-SANTA CLARA\UPOATE 051923\3590 BENTON ST 40X80.DWG t
1 \_
0----

MONARCH

ENGINEERS

ENERGY CONSERVATION SUSTAINABILJTY
STRUCTIJRAI. ENGINEERING
................ _ .. _

CIVIL ENGINEERING

ELECTRICAL ENGINEERING

MECI-MICAL ENGINEERING

DESIGN & DEVELOPMENT
~COIIU.,Le~»II
SIZE I DWG BY: DESIGNED BY:

Katy Perry R. Cortez, PE
SCALE: AS NOTED 05/19/2023
/
APPROVED BY: REV
R. Cortez, PE
SHEET: S-2.0
ASCE 7 Hazards Report
Address:
3590 Benton St
Santa Clara, California
95051
Standard: ASCE/SEI 7-22 Latitude: 37.345026
Risk Category: II Longitude: -121.995206
Soil Class: Default Elevation: 118.92212725038983 ft
(NAVD 88)
Wind
Results:

Wind Speed 92 Vmph
10-year MRI 64 Vmph
25-year MRI 70 Vmph
50-year MRI 74 Vmph
100-year MRI 79 Vmph
300-year MRI 87 Vmph
700-year MRI 92 Vmph
1,700-year MRI 99 Vmph
3,000-year MRI 103 Vmph
10,000-year MRI 112 Vmph
100,000-year MRI 129 Vmph
1,000,000-year MRI 147 Vmph
Data Source: ASCE/SEI 7-22, Fig. 26.5-1B and Figs. CC.2-1–CC.2-4, and Section 26.5.2 Date Accessed: Fri May 19 2023
https://asce7hazardtool.online/ Page 1 of 3 Fri May 19 2023 ASCE.

AMERICAN SOCIETY OF CIVIL ENGINEERS
tera:>11
le S:hool
rnsWr1y
Fc rq e Dr
.

J
:,..
e
l Weat Cent
!
,,.

I
l"a l Alto
Slunt~rt
Value provided is 3-second gust wind speeds at 33 ft above ground for Exposure C Category, based on linear interpolation between contours. Wind speeds are interpolated in accordance with the 7-22 Standard. Wind speeds correspond to approximately a 7% probability of exceedance in 50 years (annual exceedance probability =

0.00143, MRI = 700 years). Values for 10-year MRI, 25-year MRI, 50-year MRI and 100-year MRI are Service Level wind speeds, all other wind speeds are Ultimate wind speeds.

Site is not in a hurricane-prone region as defined in ASCE/SEI 7-22 Section 26.2. https://asce7hazardtool.online/ Page 2 of 3 Fri May 19 2023 ASCE.

AMERICAN SOCIETY OF CIVIL ENGINEERS
The ASCE 7 Hazard Tool is provided for your convenience, for informational purposes only, and is provided “as is” and without warranties of any kind. The location data included herein has been obtained from information developed, produced, and maintained by third party providers; or has been extrapolated from maps incorporated in the ASCE 7 standard. While ASCE has made every effort to use data obtained from reliable sources or methodologies, ASCE does not make any representations or warranties as to the accuracy, completeness, reliability, currency, or quality of any data provided herein. Any third-party links provided by this Tool should not be construed as an endorsement, affiliation, relationship, or sponsorship of such third-party content by or from ASCE.

ASCE does not intend, nor should anyone interpret, the results provided by this Tool to replace the sound judgment of a competent professional, having knowledge and experience in the appropriate field(s) of practice, nor to substitute for the standard of care required of such professionals in interpreting and applying the contents of this Tool or the ASCE 7 standard.

In using this Tool, you expressly assume all risks associated with your use. Under no circumstances shall ASCE or its officers, directors, employees, members, affiliates, or agents be liable to you or any other person for any direct, indirect, special, incidental, or consequential damages arising from or related to your use of, or reliance on, the Tool or any information obtained therein. To the fullest extent permitted by law, you agree to release and hold harmless ASCE from any and all liability of any nature arising out of or resulting from any use of data provided by the ASCE 7 Hazard Tool.
https://asce7hazardtool.online/ Page 3 of 3 Fri May 19 2023 ASCE.

AMERICAN SOCIETY OF CIVIL ENGINEERS
Qtertif icate of jflame Resistance

REGISTERED AZTEC TENTS
APPUCATIOH 490 ALASKA AVENUE
CO.:ERN NO
I TORRANCE, CA 90503
CAL COlfB F-419.01 (800)229-3687
Dale treated or
miinulaclured
12/2006
This Is ID oertJ/y that tM matrlltls de$cribed below hereol have bNl1 ffam• retardant tnNlted (o.r .,.. Inherently nonn.mmable).

FOR
A-1 EQUIPMENT AND PARTY RENTAL
ATTN: ROBBIE CRUIKSJANK
831 EAST A VENUE R
PALMDALE, CA 93550
:.J>c~~~.-:- (a) Certification Is hereby made that: (check "a" or "b") .. ,'4 □ Th• artlclH de1crtbed !Mlfow ttM certlflcate haw bnn tnnrted with• flame retardant chemieai eppt0ved • ~-;~ and registered by the Stai. Fire Marshal and that the 1ppllc1tlonof said chemical was done In confor- ~,., man<:41 with the laws of the Stale of Callfornla and the Rutea and Regulations of the State Fire Marshal. •~!:' NarM of chemical used -········ ........... _ .•................... Chem. Reg. No ........................ . •,::-. :-, Meathod of eppllcetlon ............................................................................................... . -~ ji~t The articles described ~w he.-.of are made from a name -resistant fabric or material reglatMed and approved ~ the State Fire Marshal for such use; Febrlc hu been tested and PHMI NFPA701•9e.

Trade IM of ftame•Nllstanl fabric or meterial uMd .. ,_,,,_,_,A.Mc . Reg. No ....... ~!Ut. ... .. . 1
'}·~ The Flame Retardant Process Used .~~~-;.t'!.C!.!. ....... Be Removed by Washing • - I
David Bradley
F&,,.o/~ (i Pt....,_, s.,p;;;;.;;;.;;
CUSTOMER ORDER NO.

ITEMS MANUFACTURED:

R163630
(wol Of w,11 no(I
1- 40'x40' (2 PC.) JUMBOTRAC TOP ONLY- ULTRA WHITE
1- 40'x10' JUMBOTRAC MIDDLE TOP OHL Y- ULTRA WHITE
5- 40'x20' JUMBOTRAC MIDDLE TOP OHi.. y. ULTRA WHITE
2- lrxTO' JlJlfBOTR.lfC ACCESS"SOUD WAU=-tn. T1V4 WRTTF 16- B'x10' JUMBOTRAC ACCESS SOLID WALL- ULTRA WHITE
Chuck Meller - President ...

RECEIVED
F • • r • l.:,ff '-
Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central Central Tent 1-661-290-3375 Phone, 1-661-222-7816 Fax, Central Tent 1-800-997-8368 Toll Free, Page: 57 Central Tent 1-661-290-3375 Phone, 1-661-222-7816 Fax, Central Tent 1-800-997-8368 Toll Free, Page: 57 Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central Tent — Quality Frame Tent — Central Tent — Commercial Frame Tent — Central 20x20 Quick Peak Tent
Accessories
4 Corner Leg Brace D-tube
4 Ratchet ropes and
(8) Stakes
80 Feet—Sidewall
2 Tee leg brace D-tube
Tops Options
White 13oz. Translucent
White 15oz. Blackout
Colors (Solid or vertical stripe)
Frame Requirement
D-Tube only
Poles Color
4 19’4” Spreader Red
4 7’8” Legs Black
Fittings
4 QuickPeak Corner C1051
1 Mast set for 20x MAST20x
1 Cable set 20x CBQP20x
4 QP Base Plate C1011-Q
4 Ratchet ropes ROPE003
16 Canopy Pins P103
CJ051 <- 19'-4" ->
~ .,,Q
{' "'d'
~ .....
~
' MAST20x
~
v
CJ051 <- 19'-4" ->
20 I
CJ051
{'
.....
co 2 J:: =
v
CJ051
O'
Clearance 9'-7-
Plus Leg height
I I
Support pole
8'-4"
C e r t i f i c a t e o f F l a m e R e s i s t a n c e Registered
Application
Number
F419.01
Issued By
Central Tent
Santa Clarita, CA
Date of Manufacture:

This is to certify that the materials described have been flame retardant treated (or are inherently nonflammable). For Address City State Zip Certification is hereby made that:

The
articles described on this certificate have been treated with a flame-retardant fabric or material registered and approved by the State of California Fire Marshal. The article meets the NFPA-701 Flame retardant standard.

Trade name of flame-resistant fabric or material used: Lam-Tex Reg. F419.01 The Flame Retardant Process Used will not be Removed by Washing.

Type, Color, and weight of canvas / vinyl: Description:

Name of Applicator of Flame Resistant Finish:

California Combining Corporation
Signature
Central Tent Manufacturer
12/5/14
ABC Tree Farms, LLC PMB 367 - 25 NW 23rd Pl., Ste 6Portland OR 97210 White, Vinyl, 15oz
(2) - 20x20 Complete Q-Peak, D-Tube, White Blackout, 15oz ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
♦ ~------------~ ♦ ♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ' ♦ ♦ . ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ~~ ♦ ♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ -~~ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ ♦
♦ .____. ♦
♦ ♦
♦ ♦
♦ ♦ ~------------~ ♦ ♦
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1002 Agenda Date: 8/29/2023

REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD

SUBJECT
Action to Unfreeze 1.0 Assistant City Manager position (Position 1685) in the City Manager’s Office, Approve Related City and Stadium Authority Budget Amendments, and Modify the Assistant City Manager Classification Specification (Job Code 016)

COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
As part of the FY 2023/24 and FY 2024/25 Adopted Biennial Operating Budget, 1.0 Assistant City Manager position was frozen for two fiscal years. This position primarily assisted with oversight of the Santa Clara Stadium Authority and the Convention Center as well as other executive level oversight for the organization. Additionally, the prior incumbent position also supported the Related Santa Clara project, citywide economic development efforts and related policy work such as local minimum wage, worker retention, smoking/tobacco policies, cannabis regulations and food delivery fees.

The Human Resources Department also coordinated with the City Manager’s Office to modify the classification specification for Assistant City Manager (Job Code 016).

DISCUSSION
The Assistant City Manager position became vacant in October 2021 when the former incumbent retired. At that time, the City chose to not fill the position and it was subsequently “frozen” - meaning it was not eliminated as an authorized position, but City Council and Stadium Authority Board approval would be needed to fill the position. While the position remained vacant and frozen, there was and has continued to be a significant need for management oversight of stadium and convention center matters. As such, a portion of the position’s duties were shifted to other staff (e.g., policy work) and the City asked the prior incumbent to provide part-time support for some of their prior duties until a permanent solution was identified. This arrangement has been in place since November 2021.

At present, the prior incumbent assists with critical and high-profile projects including:
· Santa Clara Stadium Authority (Stadium Authority): provide strategic leadership supporting the City Manager on Stadium Authority oversight of Levi’s Stadium management/operations and the planning of future events including Super Bowl LX and World Cup 2026.
· Discover Santa Clara (DMO)/Tourism Improvement District: provide executive management support regarding the formation of the governance structure for the Destination Marketing Organization (DMO) and its role to promote Santa Clara and the Convention Center City of Santa Clara Page 1 of 5 Printed on 8/24/2023
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23-1002 Agenda Date: 8/29/2023
as a destination of choice for business and entertainment. · Santa Clara Convention Center (Convention Center): provide oversight of the management contracts with OVG360 and Levy in the areas of budget, capital projects, and operation. · Related Santa Clara Project: provide executive leadership related to all City efforts associated with the $7 billion public-private partnership development.

With the arrival of the new City Manager in May 2023, the City Manager has assessed the organizational structure of the City Manager’s Office and has determined that the Assistant City Manager position is a critical position and needed to plan, manage and oversee the below noted items.
· Stadium Authority related projects, including the Super Bowl LX and World Cup 2026. This body of work includes Stadium Authority coordination of efforts including capital improvement projects, event operation, permits, contract management, event planning and post-event assessments, Stadium Neighborhood Relations Committee, and other similar items as needed.
· Convention Center and DMO contract management, including budgets, payments, Santa Clara Tourism Improvement District assessments, capital improvements, KPIs, operating policies and general operation.
· Council/City Manager policies and initiatives including street banner policy, naming rights and sponsorship opportunities, policy on public service announcements on billboards and others.

The Assistant City Manager (Job Code 016) classification specification has also been reviewed and updated to add the Class Summary and Distinguishing Characteristics to more closely align with the current duties to be performed by incumbents in this position. The Minimum Qualifications were broadened in an effort to expand the candidate pool. The current requirements limit the applicant pool to candidates who only have public sector experience. The revisions include increasing the years of experience from five to six years and would allow for consideration of senior level management experience in a large or complex municipality, corporation, military, and/or non-profit organization.

The class specification revisions were reviewed with the impacted bargaining group. The salary range for the Assistant City Manager classification shall remain unchanged.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(5) of Title 14 of the California Code of Regulations 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 total compensation cost for 1.0 Assistant City Manager position is approximately $497,000. The Assistant City Manager position will directly support the Stadium Authority, Convention Center and City initiatives and shall be funded 70% by the Stadium Authority, 20% by the Convention Center City of Santa Clara Page 2 of 5 Printed on 8/24/2023
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23-1002 Agenda Date: 8/29/2023
Enterprise Fund, and 10% by the General Fund.

This position will be 70% funded by the Stadium Authority (allocated to the General Fund NonDepartmental operating budget, which is anticipated to be fully reimbursed by the Stadium Authority, of which a corresponding increase to the Stadium Authority reimbursement revenue estimate is also recommended to offset the added cost). For the remaining position costs, 20% will be funded by the Convention Center Enterprise Fund, and 10% will be allocated to the General Fund City Manager’s Office operating budget, which is recommended to be funded by the General Fund’s Budget Balancing Reserve.

In the Convention Center Enterprise Fund, the adopted operating budget for FY 2023/24 and FY 2024/25 forecasts sufficient fund balance to absorb the additional costs associated with the remaining 20% funding need for the Assistant City Manager position. Subsequent years will be dependent upon maintaining or exceeding current performance levels at the Convention Center.

City Budget Amendments
FY 2023/24
Current Increase/
(Decrease)
Revised
General Fund
Revenue
Other Fees for Services $38,067,896 $347,900 $38,415,796 Expenditure
City Manager’s Office - Salaries $2,053,037 $33,913 $2,086,950 City Manager’s Office -
Retirement and Benefits
$1,255,138 $15,787 $1,270,925
Non-Departmental - Salaries $5,925,840 $237,388 $6,163,228 Non-Departmental - Retirement
and Benefits
$3,939,852 $110,512 $4,050,364
Fund Balance
Budget Balancing Reserve $481,489 ($49,700) $431,789
Convention Center Enterprise
Fund
Expenditure
Salaries $145,069 $67,825 $212,894
Retirement and Benefits $73,329 $31,575 $104,904
Fund Balance
Unrestricted Ending Fund
Balance
$1,264,195 ($99,400) $1,164,795
City of Santa Clara Page 3 of 5 Printed on 8/24/2023
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23-1002 Agenda Date: 8/29/2023
Stadium Authority Budget Amendments
FY 2023/24
Current Increase/
(Decrease)
Revised
Operating Fund
Expenditure
Stadium Authority General &
Administrative
$3,272,000 $347,900 $3,619,900
Fund Balance
Unrestricted Ending Fund Balance $11,938,351 ($347,900) $11,590,451 There is no fiscal impact to revising the class specification.

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

This request was also coordinated with the Stadium Manager in accordance with Stadium Management Agreement Section 4.6, which outlines the Stadium Manager rights to review the Stadium Authority budget.

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

RECOMMENDATION

1. Approve Unfreezing 1.0 Assistant City Manager position (position 1685) in the City Manager’s Office.

2. Approve the following FY 2023/24 City Budget Amendments:
a. In the General Fund, increase the Other Fees for Services estimate by $347,900, increase the Non-Departmental Salaries and Benefits appropriations by $347,900, increase the City Manager’s Office Salaries and Benefits appropriations by $49,700, and reduce the Budget Balancing Reserve in the amount of $49,700 (five affirmative Council votes required to appropriate additional revenue and for the use of unused balances); and b. In the Convention Center Enterprise Fund, increase the Salaries and Benefits appropriations by $99,400 and reduce the unrestricted ending fund balance by $99,400 (five affirmative Council votes required for the use of unused balances).

3. Approve a FY 2023/24 Stadium Authority Budget Amendment to increase the General & Administrative expense and decrease the Unrestricted Fund Balance in the amount of $347,900 to fund a portion of the Assistant City Manager position.

4. Approve the modified Assistant City Manager (Job Code 016) classification specification.

City of Santa Clara Page 4 of 5 Printed on 8/24/2023
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23-1002 Agenda Date: 8/29/2023
Reviewed by: Kenn Lee, Director of Finance/Treasurer
Approved by: Jōvan D. Grogan, City Manager/Executive Director

ATTACHMENTS

1. Class Specification (clean), Assistant City Manager (Job Code 016)

2. Class Specification (track changes version), Assistant City Manager (Job Code 016) City of Santa Clara Page 5 of 5 Printed on 8/24/2023
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