Santa Clara will consider dialing back requiring residents to pay for public right-of-way improvements when they make changes to their property.

At its most recent meeting, Aug. 18, the Santa Clara City Council unanimously approved bringing back changes to the city’s code to loosen mandates that residents pay for Americans with Disabilities Act (ADA) improvements.

Council Member Raj Chahal proposed the item back in June, but, because of a busy agenda, it was deferred.

Chahal said he proposed the change because he saw the requirement as onerous, imposing undue financial burden on homeowners who may not even be developing anywhere near their driveway.

“These are the improvements that should be falling on the city bucket, basically,” he said.

Although burdensome to residents, he said, the cost is a “drop in the bucket” compared to the overall spending for ADA upgrades citywide.

City code requires homeowners to bring their property, including their driveway, up to code if they make any major changes to their property. Those changes can include installing an accessory dwelling unit (ADU). 

Michael Liw, assistant director of public works, said neighboring cities do not have such requirements and that ADA upgrades typically cost between $5,000 and $19,000.

Council Member Kevin Park called the cost “non-trivial.”

“They weren’t told at the beginning of their project … it happened at final inspection,” he said.

City Manager Jovan Grogan said he couldn’t venture a guess as to how many residents had an issue with the policy. While the city makes it incumbent for residents to foot the bill for ADA improvements, it doesn’t require maintenance of the public right-of-way, the way many cities do.

When the city contracts for such work, he added, it is typically more expensive.

Liw said those proposing changes to their property sign a conditional letter when applying for a building permit, which details that they will be responsible for the improvements. Those surprised by the cost likely forgot, thought they could get out of paying or didn’t understand the letter they signed, he added.

Mayor Lisa Gillmor said forgiving the payments would leave the city taking on a big expense.

“It is not something that is sprung on you at the last minute, as described,” Gillmor said. “That doesn’t happen.”

But Park pushed back, saying the language in the letter reads that they “may” be responsible for such costs, without specifying what those costs would be.

However, he agreed with Gillmor that the cost to the city would be great.

“By not putting this enormous expense on the city, we are keeping this enormous expense on the residents, that’s what the implication is,” he said.

Despite the debate, in a unanimous vote, the council approved having city employees return with changes, including different thresholds for the requirements, and seeking input from the planning commission. 

Santa Clara City Council Consent Calendar Spending

The council approved the following spending in one motion via the consent calendar:

• A $3.1 million contract with Group 4 Architecture for design of the George Haines International Swim Center rehabilitation. 
• A $233,336 contract with Ten Over Studio for fire station replacement design.
• $80 million in master service agreement for engineering with AECOM Technical Services, Inc., Auriga Corporation, BKF Engineers, Burns & McDonnell Western Enterprises, Inc.; Electrical Consultants, Inc., HDR Engineering, Inc, K&A Engineering Consulting PC, Kano Consultants, Kewo Engineering Corp., Leidos Engineering, NV5, Inc., Siemens Industry, Inc., and Soudi Consultants, Inc. for Silicon Valley Power.
• A five-year, $50 million agreement with ProEnergy Services for gas turbine engine field and depot services, with an option for five one-year extensions.
• A $1.79 million agreement with WeHOPE for case management, and emergency shelter operations and services through the temporary hotel program and inclement weather hotel program.
• A $1 million reinstatement and extension to an agreement with Kyle Groundwater, Inc. to revise the scope to add zone-specific well water quality sampling and flow profiling.
• $362,675 to Pump Repair Services Company for the purchase and installation of replacement pump and motor for a groundwater well.
• A $31.17 million agreement with Outsource Utility Contractor for the 115 kV transmission line from the northern receiving station to the Kifer receiving station.
• A $1.8 million agreement with Superior Alarm Systems for security integrator systems at Levi’s Stadium.

The next regularly scheduled meeting is 7 p.m. Tuesday, Aug. 25 in the Council Chambers at City Hall, 1500 Warburton Ave. in Santa Clara.

Members of the public can participate in the city council meetings on Zoom at https://santaclaraca.zoom.us/j/99706759306; Meeting ID: 997-0675-9306 or call 1 (669) 900-6833, via the City’s eComment (available during the meeting) or by email to PublicComment@santaclaraca.gov

Contact David Alexander at d.todd.alexander@gmail.com 

Previous Santa Clara City Council Posts:
Interim Supportive Housing Development in Santa Clara to Assist Families 
Lack of Consensus Kills Comprehensive Santa Clara Charter Update
Santa Clara’s Electric Utility Connectivity Increases
Charter Changes Still Divisive at Santa Clara City Council Meeting