The City’s Community Grant Program awards grants to qualifying nonprofit community organizations, athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit to the City of Santa Clara and its residents.
The Initial Grant Funding Agreement requires that beneficiaries receiving grant funds designated for the City’s Community Grant Program through StadCo’s commitment be selected by City staff after consultations with StadCo or its designee, in accordance with City’s Community Grants Program guidelines. It should be noted that staff is preparing to bring forth proposed amendments to the Community Grant Policy (Attachment 2), which establishes the corresponding Community Grant Program, for consideration at the June 3, 2024 Governance and Ethics Committee meeting. The amendments will outline grant focus areas, expand and provide clarification on what grant funds can and can’t be used for, among other things.
The grant funding for Years 1-3 will be paid to directly to the City as the fiscal agent distributing grant funds to the beneficiaries described above. Upon receipt of the annual grant funds, the City will ensure that these funds are distributed to the named and to be determined beneficiaries through the City’s Community Grant Program. As the Santa Clara Swim Club is a beneficiary for both Years 1 and 2, and the grants for Year 1 may not be ready to be distributed until FY 2024/25, it is anticipated that the organization will receive their Years 1 and 2 grant allocations during the City’s FY 2024/25, which runs from July 1, 2024 through June 30, 2025.
The City Manager has authority to enter into subsequent grant agreements with beneficiaries as needed to distribute the grant funds.
Grant Distribution for Years 4-20
The grants distributions for Years 4-20 will be made in accordance with the terms of future grant funding agreement(s) between the City and StadCo. The Initial Grant Funding Agreement requires the City and StadCo to meet and confer before April 1, 2026 to develop a Community Grant Funding Agreement for the distribution of grant funds for Years 4-20. At a minimum, the organizations will endeavor to complete the Community Grant Funding Agreement for at least Year 4 by October 31, 2026 in order to provide for the selection of the Year 4 beneficiaries.
Any such subsequent funding agreement(s) will be brought back to the City Council for its consideration and approval.
ENVIRONMENTAL REVIEW
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24-549 Agenda Date: 5/28/2024
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
As the fiscal agent of StadCo’s annual $200,000 commitment for Years 1-3, the City will be responsible for distributing the respective grant funds to the beneficiaries and through the City’s Community Grant Program for Years 1-3.
The budget amendments in the table below are recommended to recognize and appropriate the grant funding for FY 2023/24.
Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
General Fund
Revenue
Other Revenue $183,600 $200,000 $383,600
Expenditure
Non-Departmental - Community
Grants Program
$94,243 $200,000 $294,243
As previously discussed, the Year 1 grants may not be disbursed before the end of the City’s fiscal year (June 30, 2024). In the event this occurs, City staff will bring additional budget amendments to carryover the Year 1 grant appropriations for City Council approval at a later date.
COORDINATION
This report has been coordinated with the Department of Finance 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]> .
ALTERNATIVES
1. Staff’s recommendation (see below); or
2. Such other actions as Council deems appropriate.
RECOMMENDATION
1. Authorize the City Manager to enter into an Initial Grant Funding Agreement with Forty Niners SC Stadium Company LLC (StadCo) to provide for 1) the distribution of $200,000 annually City of Santa Clara Printed on 5/24/2024Page 4 of 5
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24-549 Agenda Date: 5/28/2024
over three years (Years 1-3) to non-profit organizations and community projects serving the Santa Clara community, as further described in the report and agreement, and 2) a process to develop a program, to be formalized through subsequent funding agreement(s) with StadCo, for the remaining grant distribution, in the amount of $200,000 annually for the subsequent years during StadCo’s 20-year commitment term, in a final form approved by the City Attorney; and
2. Approve the FY 2023/24 budget amendments in the General Fund to recognize other revenue in the amount of $200,000 and increase the Non-Departmental Community Grants Program allocation in the amount of $200,000 (five affirmative Council votes required to appropriate additional revenue).
Reviewed by: Chuck Baker, Assistant City Manager
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Proposed Initial Grant Funding Agreement
2. Community Grant Policy
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INITIAL GRANT FUNDING AGREEMENT
BETWEEN THE
FORTY NINERS SC STADIUM COMPANY LLC
AND CITY OF SANTA CLARA
This Initial Grant Funding Agreement ("Agreement") is entered into effective as of ________________, 2024 (“Effective Date”), by and between the City of Santa Clara ("City"), and Forty Niners SC Stadium Company LLC ("StadCo"), (sometimes referred to collectively herein as the "Parties"), with reference to the following facts:
RECITALS
A. The Santa Clara Stadium Authority (“SCSA”) and Levi’s Strauss & Co. (“Levi’s”) have previously entered into that certain Naming Rights Agreement dated May 9, 2013 (“Naming Rights Agreement”) pursuant to which SCSA granted certain “Naming Rights Entitlements” as defined therein, to Levi’s for a term of 20 years.
B. On January 30, 2024, SCSA and Levi’s entered into that certain First Amendment to Naming Rights Agreement pursuant to which the parties are agreeing to a 10 year extension of the Naming Rights Agreement.
C. Concurrently, SCSA and StadCo entered into the Levi’s Stadium Naming Rights Extension and Enhanced Signage Project Implementation Agreement (“Implementation Agreement”) to address each party’s share in the cost for the design, construction and installation of the Enhanced Signage and StadCo has agreed to formalize its ongoing commitment to support charitable causes impacting the City of Santa Clara community.
D. Through the Implementation Agreement, StadCo committed to contributing, from StadCo or an affiliated entity, $200,000 annually for twenty years to non-profit organizations and community projects serving or directly impacting the City of Santa Clara community.
E. While the parties are developing the community grants process for the distribution of these annual grants, StadCo is prepared to make the initial $200,000 annual funding commitment to the Santa Clara Community for years 1-3. This Agreement serves to address the distribution of the initial $600,000 and a process for developing a program for the distribution of the remaining commitment in the ensuing years.
NOW, THEREFORE, in consideration of the above-recitals, and other valuable consideration the receipt and sufficiency of which the parties hereby acknowledge, the Parties agree as follows:
1. In General: StadCo confirms its commitment under the terms of the Implementation Agreement to cause, through its related companies and/or charitable affiliates, grants and/or donations in the amount of $200,000 annually for twenty (20) years commencing on or about April 1, 2024 (the “49ers Grant Commitment”) for the benefit of non-profit organizations or community projects serving or directly impacting the City of Santa Clara community through the City’s community grants program (“Community Grant Program”).
2. Initial Grant Distribution for Years 1-3: The parties to this Agreement agree that additional time is required to develop the long-term Community Grant Program for the distribution of the 49ers Grant Commitment. Pending the finalization of this program, the parties agree that the 49ers Grant Commitment distribution for the Years 1-3 (the “Initial Term Commitment”) shall be made as follows:
Year 1 (April 1 2024 – March 31, 2025):
Santa Clara Swim Club: $100,000
Bill Wilson Center: $50,000
City of Santa Clara Community Grants Program: $50,000
Year 2 (April 1, 2025 – March 31, 2026)
Santa Clara Swim Club: $100,000
City of Santa Clara Community Grants Program: $50,000 Qualified Santa Clara Beneficiary To Be Determined $50,000
Year 3 (April 1, 2026 – March 31, 2027):
Santa Clara Swim Club: $100,000
City of Santa Clara Community Grants Program: $50,000 Qualified Santa Clara Beneficiary To Be Determined $50,000
3. Terms for Initial Donation and Distribution. The Initial Term Commitment shall be paid to directly to the City as the “fiscal agent” for the donations contemplated by this Agreement. In year one, StadCo shall cause the payment to occur within ten (10) business-days after the Effective Date. For years two and three, StadCo shall cause the payment to the City to occur by on or before April 1, 2025 and April 1, 2026, respectively. Upon receipt of such amounts, the City shall, in turn shall cause the donations to be made in accordance with schedule set forth in Section 2 of this Agreement, above. City shall make all scheduled donation payments to the “Santa Clara Swim Club” and the “Bill Wilson Center” as soon as possible after receipt of the corresponding Initial Term Commitment funds. In the event that the City has not made the distribution within thirty (30) business days following receipt of such funds from StadCo, the respective amounts shall immediately be returned to the entity that provided the funds and such entity shall make such payments directly to the “Santa Clara Swim Club” and the “Bill Wilson Center.”
City distribution of amounts designated for the “City of Santa Clara Community Grants Program” shall be made in the corresponding fiscal year at such times and to such beneficiaries as City staff shall determine, after consultations with StadCo, or its designee, in accordance with City Community Grants Program guidelines.
City distribution of amounts designated for any “Qualified Santa Clara Beneficiary To Be Determined” shall be made in the corresponding fiscal year at such times and to such beneficiaries as StadCo, or its designee, shall select through a process it shall determine such beneficiaries, after consultations with and subject to approval from City staff. In the event that the City has not made the distribution within thirty (30) business days following the designation of the recipient by StadCo or its designee, the respective amounts shall immediately be returned to the entity that provided the funds and such entity shall make such payments directly to the recipient(s).
4. Subsequent Grant Distribution for Years 4-20 : The parties agree to that the grant distributions for Years 4-20 will be made in accordance with the terms of one or more subsequent Grant Funding Agreements between the parties. By no later than April 1, 2026, City staff and StadCo will meet and confer to develop the Community Funding Agreement for the distribution of the Grant Funds for Years 4-20. In order to provide, at a minimum, for the designation of the Year 4 grant recipients the parties shall endeavor to complete the Community Grant Funding Agreement for at least year 4 by on or before October 31, 2026.
5. Contract Administrator: The City Manager is hereby authorized to execute any grant agreements and other additional documents to effectuate the distribution of Initial Grant Distribution for Years 1-3. Any such documentation shall be reasonably approved by StadCo and reflect StadCo, or its designee, as the source of the funds being provided to the recipient and the City as the “fiscal agent” for StadCo.
6. Other Agreements; Further Assurances: As reasonably necessary to implement the terms of this Agreement, the parties agree to enter into such additional agreements, and take such additional actions as are reasonably necessary in order to fulfill their respective obligations under the terms of this Agreement.
[NEXT PAGE IS SIGNATURE PAGE]
SIGNATURE PAGE TO
GRANT FUNDING AGREEMENT
BETWEEN THE
FORTY NINERS SC STADIUM COMPANY LLC
AND CITY OF SANTA CLARA
IN WITNESS WHEREOF, the undersigned have executed this Agreement and agreed to be bound by its terms as of the Effective Date.
FORTY NINERS SC STADIUM COMPANY
LLC
By:
Name: Jihad F. Beauchman
Title: Executive Vice President & General Counsel
CITY OF SANTA CLARA
By:
JŌVAN D. GROGAN
CITY MANAGER
Approved as to Form
By:
Glen R. Googins, City Attorney
\
City of Santa Clara
Council Policy Manual
COMMUNITY GRANT POLICY
Adopted DATE P&P XXX Page 1 of 3
PURPOSE
POLICY
To establish a standardized process to award grants to qualifying non - profit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.
Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the approval of the budget .
Community grants, subject to availabi lity of funds, shall not exceed $10,000 per applicant, per year. To receive grant funds, g rant applications must be submitted at least ninety (90) days before the planned event/activity being funded , regardless of the form of the grant, and will be evaluat ed by the City Manager’s Office on a case -by-case and “first come-first served” basis, throughout the fiscal year. Applicants are encouraged to submit their applications at the beginning of the fiscal year, for events or activities occurring at any time du ring that fiscal year, to maximize opportunity for availability of funds.
The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria set forth below, and subject to funding availability as app roved by the Ci ty Council through the adoption of the annual budget. Grants for community events shall not be provided for waiver of or reimbursement for already discounted permit fees.
Grants for attendance at youth state, national, or international competitions or per formances shall be limited to costs of registration, hotel, transportation and food for participants and coaches/chaperones only. Due to short notice to advance to state, national, or international competitions, applicants shall submit an application with in one week of advancing to such competitions.
In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest. Submission of an application in no way obligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, without penalty.
City of
Santa Clara
The Center of What's Possible
-
COMMUNITY GRANT POLICY (cont.)
Adopted DATE P&P XXX Page 2 of 3
ELIGIBILITY
CRITERIA
In addition to a timely and complete applica tion, t he applicant must demonstrate that the event or activity being funded (other than competition funding, described below) by the City’s grant will satisfy all of the following criteria:
a) Provides a benefit to Santa Clara residents
b) Contributes positively to the recognition and image of the City of Santa Clara
c) If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
d) Aligns with established Council goals
e) Grant funds will not be used for political or religious purposes f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara
If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with established Council goals
d) Grant funds will not be used for political or religious purposes e) The grant funds requested will only be used for a specific state, national, or international title or performance
f) The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application g) Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is six students to one coach/chaperone
-
COMMUNITY GRANT POLICY (cont.)
Adopted DATE P&P XXX Page 3 of 3
PROCEDURE 1. City Council approves an annual budget item for City grants , to be administered by the City Manager’s Office
2. Applicants submit timely and complete grant a pplications to the City Manager’s Office for review
3. City Manager’s Office review s application for compliance with eligibility criteria and availability of funds . City Manager may seek additional information from applicant as necessary.
4. If an application i s approved by the City Manager’s Office, then the approved application marked accordingly shall be transmitted to th e applicant with additional instructions, if any.
5. If an application is not approved by the City Manager’s Office, the City Manager shall notify the applicant in writing.
6. If the applicant has received a grant for an event/activity other than competition attendance, then applicant shall submit proof that the grant funds have been spent in the manner and for the purposes stated on the applicati on within thirty (30) days after the event/activity.
7. If the applicant has received a grant for competition attendance, then proof of all allowable expenses actually incurred, as well as allocation of grant funds, shall be submitted to the City Manager’s Office by the applicant within thirty (30) days after the competition.
8. If an applicant makes a grant request directly to a member of the City Council, whether individually or as a group, the Council shall refer the applicant to the City Manager’s Office for application and review in accordance with this policy.
9. Staff shall report any distributions in accordance with applicable tax law.
Attachment: City of Santa Clara Community Grant Application -
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-579 Agenda Date: 5/28/2024
REPORT TO COUNCIL
SUBJECT
Update on the George F. Haines International Swim Center (ISC)
COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets
BACKGROUND
On January 18, 2024, after receiving a report on conditions at the ISC that presented substantial risks to public health and safety, the City Manager directed that the ISC be closed immediately. Since that time, staff has provided regular updates to the City Council on the status of reports from regulatory agencies and the feasibility of re-opening the ISC.
The purpose of this item is to provide the City Council with a status update on actions taken since the last update on April 23, 2024.
DISCUSSION
In the April 23, 2024 Report to Council (RTC 24-336), information was provided to the City Council regarding the corrective actions being required by the County Department of Environmental Health and the City’s Building Official to re-open the ISC. In that report, it was noted that the estimated cost to temporarily re-open the ISC with a maximum occupancy of 200 would be approximately $1.9 million. Also in that report, it was noted that staff was continuing to work with its consultant team to explore other options including temporary and permanent solutions. This work continues and staff has met with the three swim organizations that have historically used the ISC to engagement them in the process and receive feedback. We are planning for next month’s update (June 2024) to include details on the temporary aquatic facility and permanent replacement options.
Two developments have occurred subsequent to the April 23 rd meeting that will impact that schedule
for a possible temporary re-opening of the ISC.
The first development is a letter the City received on May 13, 2024 from the Santa Clara County Department of Environment Health (“County”) indicating that they would be conducting evaluations of all pools throughout the County to ensure enclosures are sufficient to prevent accidental access. (Attachment #1). In speaking with County staff, City staff was advised that all pools in the County would be assessed due to the critical nature of potential dangers; but that specific timelines would be determined by the individual inspectors. City staff was also advised that corrective action would be required should deficiencies in the enclosures be identified. If not corrected in the allotted time, the County would proceed to close down facilities.
On May 20, 2024, the County conducted its evaluation of the Mary Gomez pool. While deficiencies City of Santa Clara Printed on 5/24/2024Page 1 of 3
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24-579 Agenda Date: 5/28/2024
were noted, the City has been given 30 days to correct the deficiencies. Staff has reviewed the work required and has determined that the work can be completed within the required timeframe at a cost in the range of $3,000 to 4,000. Staff has been directed to proceed with those corrective actions.
Because the inspections are intended to be “unannounced inspections”, the City does not have a timeline for when the remaining City pools will be inspected. However, given the speed at which the initial inspection was conducted, it is anticipated that the additional inspections will be in the coming weeks.
Based on the comments made during the inspection of the Mary Gomez pool, staff has proceeded to evaluate the other pool sites and to develop corrective action plans in advance of the expected inspections. Until those inspections are completed, however, the cost associated with those corrective actions is unknown. Moreover, because the inspections are “unannounced”, the City does not know when the remaining pools will be evaluated. With summer swim programs scheduled to start in early June and the ongoing closure of the ISC, it is essential that the City’s other pools remain in compliance to avoid additional negative impact to both the City’s, and the swim clubs’, programming.
The second development is the completion of preliminary, high-level options for temporary and permanent solutions and a desire to obtain feedback from the three swim groups (Santa Clara Swim Club, Santa Clara Artistic Swimming and the Santa Clara Dive Club) prior to proceeding with the finalization of cost estimates.
On May 9, the City Manager and Assistant City Manager met with the swim groups to seek their input on the potential options. Based on those discussions, the parties have agreed to drop the acquisition of a temporary, modular pool from consideration due to cost and use requirements. Subsequent to the stakeholder meeting, staff proceeded to work with the consultant team to finalize cost estimates including a phased-in approach for development of a permanent solution. While this work has been completed, there has been a recent change to the consultant team which will delay presentation of the cost estimates. As noted above, we aim for next month’s update (June 2024) to include details on the temporary aquatic facility and permanent replacement options.
For the reasons noted above and to ensure the City Council can make informed decisions, the presentation of options will be heard at the June 25
th Council meeting.
ISC Remediation Efforts
Per the City Council’s direction, staff has continued to work on remediation efforts at the ISC. In addition to addressing minor deficiencies that were noted, the work to remediate the canopy is expected to be completed shortly after the Memorial Day weekend. Once complete, staff will arrange to have the work re-inspected. If the inspection is successful, both the north and south restrooms will be available for use. It is important to note that these restrooms can be accessed from the park side of the facility and will not require access to the pool areas which will remain closed. However, re- opening of the restrooms will allow for the removal of the porta-potties that were brought in to support park users.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California City of Santa Clara Printed on 5/24/2024Page 2 of 3
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Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
This report does not have any fiscal impact as Council direction is not being requested at this time.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the City Manager.
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
It is recommended that the City Council:
1. Note and file the report.
Reviewed by: Cynthia Bojorquez, Assistant City Manager/Acting Director of Parks & Recreation Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Letter from the Department of Environmental Health Dated May 2, 2024 City of Santa Clara Printed on 5/24/2024Page 3 of 3
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County of Santa Clara
Department of Environmental Health
1555 Berger Driv e, Suite 3 00
San Jos e, CA 9511 2-2716
(408) 918-3400
ww w .EHinfo .org
·May 2, 2024
Dear Pool Operator,
BY: ···••11••···············
We are writing to let you know that we will be evaluating all pools, including spas, to ensure the enclosures (i.e., fences, gates, walls, etc.) are sufficient to prevent accidental access. If we find that your pool poses safety hazards we will be requiring they be addressed. While most pools/spas do not pose a concern, those that do may require significant investment to address the matter. Some items may require closure until the safety hazards are addressed.
Your immediate attention in this matter may prevent an accidental drowning from occurring at your property .
During the structural evaluation of your pool, DEH representatives will document their observations and the steps necessary for correction .. , If a representative is present at the time of the inspection, a copy of the report will be provided . If no representation is present, a copy will be left in the pool pump room and sent to the mailing address on record with the Department .
The report will identify necessary corrective actions to correct the hazards found at the time of the inspection and provide a deadline for completing those actions. In some cases, the risk may be so critical that it will require immediate closure of the pool(s) . In these cases, DEH will suspend the DEH pool permit(s) to operate and post the pool(s) closed until corrections are made to address the hazard and authorization to reopen is issued by DEH. Corrections may range from making repairs to constructing structures to prevent access to the pool(s). Failure to make these necessary corrections can ultimately result in demolition of the pool.
Violations pertaining to pool access are serious and can result in serious injury or death. As the person/entity responsible for safe operation of the pool you should take immediate action to address the risk any time such a hazard occurs. For this reason, the Department is providing you the enclosed checklist (see reverse) so that you may check the enclosure(s) on your property to minimize the risk of a tragic accident occurring. Please note, this checklist is not all inclusive. "Yes" responses do not necessarily indicate the enclosure is completely safe. "No" responses may indicate that your enclosure is out of compliance and will require corrective action(s) . For further information on operation requirements, please visit our website at www. scc.info/dehpools .
If replacement or updating of any part of the enclosure is needed or if an enclosure needs to be installed, contact us at [email protected] for guidance and plan submittal (if required). You can also visit https ://cpd.sccgov.org/food/foodpool-plan -check-program for information on the plan submittal process. Please be advised plans may also need to be submitted to your local building department for any construction work carried out on your pool.
We look forward to working with you to create a safer environment for all throughout the County of Santa Clara.
Sincerely,
Beatrice Santiago, MPA, REHS
Director - Consumer Protect ion Division
Boar d of Supervisors: Sylvia ATenas, Cindy Chavez, Otto Lee, Susa n Ellenberg, S. J osep h Simi tia n County Exec utive: James R. Williams
Regarding facility: FA0212690 MARY GOMES PARK-MARIPOSA
Pool Enclosure Self-Checklist
Note : This checklist is not required to be returned to the Department. BY: ...................... , # CHECK YES OR NO FOR EACH QUESTION BELOW: YES NO
1 Is the pool fully enclosed by a fence, building, wall, and/or other approved durable enclosure?
2 Is the pool free from direct access from living units or private premises? Direct access may include doors, openable windows or gates from the living units or private premises. 3 Measuring from the exterior of the enclosure starting at ground level (outside of the pool area), is the enclosure at least 5 feet tall at the shortest point? 4 Do gaps in the enclosure prevent the passage of a 4-inch diameter sphere? 5 Is the enclosure constructed over a hard and permanent material equivalent to concrete? (e.g. not over sand, dirt, or other materials that can easily erode) 6 Does the enclosure's horizontal and diagonal component design prevent it from being used as a ladder for small children?
7 Are the horizontal components of the enclosure spaced at least 48 inches (4 feet) apart? 8 Is the area 5-feet outside of the pool enclosure, and within a 5-foot arc as measured from the top of the enclosure (see Figure 31B-5 below), free of climbable objects/structures (e.g. benches, planters, staircases, etc .)?
10 If chain link is used, are the horizontal openings equal to or less than 1 and 3/4 inches? Write "N/A" if chain link is not used.
11 Are all gates and doors equipped with self-closing and self-latching devices? 12 Do the self-latching device(s) keep all gates or doors securely closed? In other words, simply pulling/pushing the gate/door will not cause it to open.
IHSIOE
FCt1Clr1{J
""-
Figure 318-5 Effective Fencing Height