Agenda packet, first session — Los Altos City Council, April 26, 2022 (part 1 of 3)

CITY COUNCIL MEETING -
AMENDED 4.22.22
AGENDA
7:00 PM - Tuesday, April 26, 2022
via Teleconference
Please Note: Per California Executive Order N-29-20, the City Council will meet via Telephone/Video Conference Only.

Telephone: 1-650-242-4929
Meeting ID: 145 287 8726
https://webinar.ringcentral.com/j/1452878726
TO PARTICIPATE VIA VIDEO: Follow the link above. Members of the public will need to have a working microphone on their device and must have the latest version of Ringcentral installed (available at http://www.ringcentral.com/download.html). To request to speak, please use the “Raise hand” feature located at the bottom of the screen.

TO PARTICPATE VIA TELEPHONE: Members of the public may also participate via telephone by calling the number listed above. To request to speak, press *9 on your telephone.

TO SUBMIT WRITTEN COMMENTS: Prior to the meeting, comments on matters listed on the agenda may be emailed to [email protected]. Emails sent to this email address are sent to/received immediately by the City Council. Please include a subject line in the following format:

PUBLIC COMMENT AGENDA ITEM ## - MEETING DATE
Correspondence submitted in hard copy/paper must be received by 2:00 PM on the day of the meeting to ensure distribution prior to the meeting. Correspondence received prior to the meeting will be included in the public record. Please follow this link for more information on submitting written comments.

Public testimony will be taken at the direction of the Mayor, and members of the public may only comment during times allotted for public comments.

AGENDA

ESTABLISH QUORUM

CALL MEETING TO ORDER

PLEDGE ALLEGIANCE TO THE FLAG

SPECIAL ITEM
A. Award of Excellence for the Design of the Los Altos Community Center presented by the California Park and Recreation Society
1 4/26/2022 CITY COUNCIL MEETING - AMENDED 4.22.22 AGENDA Page 2 of 3 B. Recognition of Red Cross
C. Staff Recognition

REPORT ON CLOSED SESSION

CHANGES TO THE ORDER OF THE AGENDA

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Members of the audience may bring to the Council's attention any item that is not on the agenda. Speakers are generally given two or three minutes, at the discretion of the Mayor. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during the Public Comment Period. According to State Law (also known as “The Brown Act”) items must first be noted on the agenda before any discussion or action.

D. Public Comments - Items Not on the Agenda

CONSENT CALENDAR
These items will be considered by one motion unless any member of the Council or audience wishes to remove an item for discussion. Any item removed from the Consent Calendar for discussion will be handled at the discretion of the Mayor.

1. Minutes: Approve Minutes of the City Council Regular Meeting of April 12, 2022. (A.

Chelemengos)

2. Contract Award: Award of Maintenance Contract for Full Trash Capture Devices Cleaning and Inspection in the amount of $139,176 and appropriation of $139,176 from the Administrative Fee of the Solid Waste Fund to the Solid Waste Operating Budget 9410-5280 (T. Nguyen)

3. Countywide Household Hazardous Waste Collection Program and AB 939 Implementation Fee: Authorize the City Manager to execute the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program to provide for funding from the City of Los Altos in the amount of $76,718 for the Countywide Hazardous Waste Disposal Program for FY 2022/23, and consider finding the Council’s action exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15273 (T. Nguyen)

4. Council Goals: Adopt a Resolution affirming the City Council 5-Year Strategic Goals (J.

Maginot)

5. Item removed from Agenda

PUBLIC HEARINGS

6. 705 Vista Grande Avenue Two-Lot Subdivision: Consider adoption of a resolution approving an application for a tentative parcel map to subdivide a 26,708 square foot parcel at 705 Vista Grande Avenue into two lots. The proposed subdivision would create a 12,166 square-foot corner lot, a 10,120 square-foot interior lot, and dedication of the street frontage for the public right-ofway along Springer Road. A categorical exemption pursuant to Section 15315 (Class 15), Minor Land Divisions of the California Environmental Quality Act (CEQA) guidelines will be 2 4/26/2022 CITY COUNCIL MEETING - AMENDED 4.22.22 AGENDA Page 3 of 3 considered. On March 3, 2022, the Planning Commission reviewed the proposed project during a public hearing and recommended City Council approval. (S. Golden)

7. 376 First Street: Consider Adoption of a Resolution Making Findings, Adopting a Categorical Exemption Under The California Environmental Quality Act, and Approving the Design Review, and Subdivision Applications for a Fifteen-Unit Multiple Family Project at 376 First Street (S.

Golden)

DISCUSSION ITEMS

8. Council Legislative Subcommittee Update And Potential Council Action: Receive update from the City Council Legislative Subcommittee; discuss pending legislation including, but not limited to AB 2053, AB 2063, AB 2097, AB 2221, AB 2625, AB 2762, AB 2164, AB 1944, SB 897, SB 922, SB 930, SB 932, & SB 1067

INFORMATIONAL ITEMS ONLY

9. Tentative Council Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS

ADJOURNMENT
(Council Norms: It will be the custom to have a recess at approximately 9:00 p.m. Prior to the recess, the Mayor shall announce whether any items will be carried over to the next meeting. The established hour after which no new items will be started is 11:00 p.m. Remaining items, however, may be considered by consensus of the Council.)

SPECIAL NOTICES TO THE PUBLIC
In compliance with the Americans with Disabilities Act, the City of Los Altos will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (650) 947-2610.

Agendas Staff Reports and some associated documents for City Council items may be viewed on the Internet at http://www.losaltosca.gov/citycouncil/online/index.html.

All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, and that are distributed to a majority of the legislative body, will be available for public inspection at the Office of the City Clerk’s Office, City of Los Altos, located at One North San Antonio Road, Los Altos, California at the same time that the public records are distributed or made available to the legislative body.

If you wish to provide written materials, please provide the City Clerk with 10 copies of any document that you would like to submit to the City Council for the public record. 3 From: roger heyder
To: Public Comment; City Counc l
Subject: 4/26/22 C ty Council Meeting - PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA Date: Wednesday Apr l 20 2022 2:25:26 PM
Hello,
Please read the comment out in the 4/26 council meeting, and include it in the council meeting minutes, public comment.

Clean drinking water is fundamental and essential to good health. California Water Service delivery to Los Altos, from ewg.org, finds 14 contaminants exceeding their health guidelines. These may be associated with the processed ground water being blended into our drinking water.

California Water Service is now planning to process waste water and also blend that into our drinking water. That processing will be particularly challenging, given all of the drugs and other things now a part of waste water. The Washington Post article, ‘To find out where the covid pandemic is headed, look here The sewer’, would indicate that waste water has major issues. (https //url.avanan.click/v2/___https //www.washingtonpost.com/health/2022/04/14/coronavirus-in-wastewatersewer/___.YXAzOmxvc2FsdG9zY2E6YTpvOjE4OWNkYTAwODY1ZDQ2MDcwYmFiMzg5ODUxNjI5NDY4OjY6NzgyODo5MmI0ZTE0Y2I0YWFmMzg2ZDI4NTBkYzAxNzk0NzU0OTM3Nzg3ODhkMDUyODhkMWQ3M2NhODZjY2FjMzdjMjRlOnQ6VA).

Who wi l be responsible for monitoring the 100% effectiveness of this process, Ca ifornia Water Service? It seems that the processed waste water is intended to increase quantity rather than qua ity.

Council created a housing plan for thousands of new residents. Where is that incremental drinking water coming from, more ground water and sewage in the blend? The situation sounds remarkably unplanned, unsustainable, and unhealthy. Drought conditions further exacerbate an already marginal situation with the current residential population of Los Altos.

Most residents do not seem aware of the sewer water development, and would likely not be happy about it. It is also unlikely that visitors would flock to Los Altos to sample the sewer water, and participate in the experiment. Vibrancy and vitality might well suffer.

Careful management of the quality and viability of our drinking water supply would be a huge service to the residents of Los Altos. The type of fundamental, essential service studiously avoided by City Council and the Environment Commission.

Perhaps city government can, for once, step up to something actually relevant and important, carefully managing our water supply. If you are not part of the solution, you are part of the problem (or THE problem). thanks - Roger Heyder
resident of Los Altos
4 Agenda Item # D.

CITY COUNCIL MEETING

MINUTES
7:00 PM - Tuesday, April 12, 2022
via Teleconference

CALL MEETING TO ORDER
At 7:00 p.m. Mayor Enander called the meeting to order

ESTABLISH QUORUM
PRESENT: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows and Mayor Enander
ABSENT: None

PLEDGE ALLEGIANCE TO THE FLAG
Mayor Enander led the Council in the Pledge.

REPORT ON CLOSED SESSION
No Closed Session – Nothing to report.

CHANGES TO THE ORDER OF THE AGENDA
No changes were requested.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Gary Hedden, Rashi Sharma, Joe Beninato (with time ceded from Beth Beninato), Teresa Morris, Melissa, and Janet Corrigan provided public comment.

CONSENT CALENDAR
Council Members Weinberg and Lee Eng requested removal of Consent Calendar Agenda Item #3 Professional Services Agreement. Mayor Enander announced that Item #3 would be considered immediately following the Consent Calendar.

1. Minutes: Approve Minutes of the March 22, 2022, Regular Meeting

2. Public Art Donation: Accept the donation of sculpture Alegria and add it to the City’s permanent public art collection.

4. Extension of Local Emergency: Adopt Resolution extending the declaration of a local emergency due to the COVID-19 pandemic.

5. Rental Fee Waiver Request: Approve the request from Ye Olde Towne Band and the Serenaders Band for an annual waiver of rental fees at Garden House in the amount of $5,400. 5 Agenda Item # 1.
4/12/2022 CITY COUNCIL MEETING MINUTES Page 2 of 5
Upon motion made by Council Member Lee Eng, Seconded by Vice Mayor Meadows, Consent Calendar Items 1, 2, 4, and 5 were approved 5-0 with the following roll call vote:

AYES: Council Member Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None

3. Professional Services Agreement: Adopt Resolution authorizing City Manager to execute professional services agreement for sewer rate structure analysis with NBS Government Finance Group, dba NBS; find that the approval of the agreement is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption), 15273 (Rates, Tolls, Fares, and Charges), and 15306 (Information Collection).

Engineering Services Manager Fairman provided information on the matter and answered questions from the Council as did consultant Tim Seufert and City Attorney Houston.

Roberta Phillips provided public comment.

Following Council discussion, Vice Mayor Meadows moved that the Council adopt the resolution authorizing City Manager to execute professional services agreement for sewer rate structure analysis with NBS Government Finance Group, dba NBS and find that the approval of the agreement is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption), 15273 (Rates, Tolls, Fares, and Charges), and 15306 (Information Collection). The motion was seconded by Council Member Fligor and the motion passed 5- 0 with the following roll call vote:

AYES: Council Member Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC HEARINGS
Council Member Weinberg reported that he had inquired of a potential conflict of interest relative to this matter and the proximity of his residence to Grant Road frontage road along Foothill expressway and its potential to be a Wireless Telecommunications Facilities location. He noted that the City Attorney had reviewed and determined that no conflict existed.

6. Wireless Telecommunications Facilities: Hold Public Hearings and adopt Resolution of the City Council of the City of Los Altos adopting the Negative Declaration Of Environmental Impact prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and the CEQA Guidelines (14 California Code of Regulations, Title 14 Chapter 3, Section 15000 et seq.) on the possible environmental consequences of the adoption of the ordinance and design guidelines; and Introduce, as read by title only, and waive further readings of an Ordinance of the City Council of the City of Los Altos for Wireless Telecommunications Facilities Locational Standards with 6 Agenda Item # 1.
4/12/2022 CITY COUNCIL MEETING MINUTES Page 3 of 5
the modifications reflected in the annotated version of the Ordinance proposed to the Planning Commission; and
Adopt Resolution of the City Council of the City of Los Altos adopting Telecommunications Facilities Design Guidelines with the modifications reflected in the annotated version of the Design Guidelines proposed to the Planning Commission
Consultant Lloyd Zolla provided a presentation to the Council on the matter and answered questions.

Special Legal Counsel Fox and City Attorney Houston and consultant Michael Afflerbach also provided information and answered questions from the Council.

The following members of the public commented on the matter:

Roberta Phillips, Susan Foster, with time ceded from Al Rooney and Jim Jolly, Jonathan Shores, Steven Aldrich, Melissa, Janet Osbourne, Teresa Morris, Jim Felton, Jeanine Valadez ,with time cede from Raenette R, and Cary Lye.

Since there were no other members of the public wising to speak, Mayor Enander closed the Public Hearing at 9:50 p.m. and called for a brief recess. At 10:05 p.m., the Mayor called the meeting back to order.

Council discussion commenced. Council Members provided input and suggested changes to the ordinance including modifications to the findings to clarify a more balanced approach/intent, consolidation and clarification of the proposed tiers, addition of language to clarify acceptable placement/location of facilities, addition of language referencing Fire Safety Standards and providing protection for landscaping and tree protection, inclusion of insurance requirements, and addition of language relative to severability of conditions. Suggested changes to the Design Guidelines included addition of language addressing orientation of facilities relative to placement and location of existing buildings, clarification of language in Section D1 specifically the terms “inconspicuous as feasible,” and “dominating the surrounding area,” and addition of references to electrical meters. There were also various corrections having to do with numbering, format, completeness, and grammar which the Mayor requested the Council members provide such corrections via email to the City Attorney for inclusion.

Council Member Weinberg moved that the matter be continued to the meeting of May 10, 2022, to consider the proposed ordinance, resolutions and guidelines as amended with direction that the professional team working on the matter provide redlines with their suggested amendments. The motion was seconded by Mayor Enander and the motion passed with a 5-0 vote.

AYES: Council Member Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
There was direction that suggestions made by the Council be considered by the entire City wireless team and note any suggestions determined to not be feasible and the reason.

DISCUSSION ITEMS

7. Mid-Year Budget Update: Adopt the Mid-Year 2022 Budget Update and amendments as presented.
7 Agenda Item # 1.
4/12/2022 CITY COUNCIL MEETING MINUTES Page 4 of 5
Finance Director Furtado provided a staff report and presentation and answered questions from the Council.

The Mayor called for public comment.

Roberta Phillips commented.

Council discussion commenced. Following discussion, Council Member Fligor moved that the Council allocate $38,000 from the Park In Leu Fees for the feasibility study for a Los Altos Downtown Theater.

The motion was seconded by Council Member Weinberg and the motion passed 3-2 with the following roll call vote:

AYES: Council Member Fligor, Weinberg, and Vice Mayor Meadows NOES: Council Member Lee Eng and Mayor Enander
ABSENT: None
ABSTAIN: None
Following additional Council discussion, Council Member Weinberg moved that the Council adopt the Mid-Year 2022 Budget Update and amendments as presented. The motion was seconded by Mayor Enander. The motion passed 4-0-1 with the following roll call vote:

AYES: Council Member Fligor, Weinberg, Vice Mayor Meadows, Mayor Enander NOES: None
ABSENT: None
ABSTAIN: Council Member Lee Eng
Council Member Lee Eng stated that she abstained based on her need for additional information relative to the City’s financial situation and various related factors.

8. City Council 2022 Strategic Goals and Priorities: Review the City’s 5-Year Strategic Goals and provide modifications as needed.

Assistant City Manager Maginot provided a staff report and presentation and answered questions from the Council as did the City Manager. Council Members commented on the existing goals and discussed modifications.

Roberta Phillips and Freddie provided comments.

Council discussion commenced and there was agreement to add a 9th goal suggested by Council Member Fligor relative to supporting the various business communities and referencing the Downtown Vision Plan. Relative to the new proposed goal #9 the Council clarified that staff should bring to Council those matters requiring additional Council policy or direction beyond the discretion vested in staff.

Council also clarified that adoption of Goal #9 is not an endorsement of full implementation of the Downtown Vision Plan .

City Manager Engeland ensured the Council that, in general, any document where staff is unclear of its direction, even if the matter is within the City Manager’s authority, the matter would be brought to the Council for direction prior to staff action.
8 Agenda Item # 1.
4/12/2022 CITY COUNCIL MEETING MINUTES Page 5 of 5
Following Council discussion, Mayor Enander moved that the Council eliminate Goal # 8 Transitioning Through Change and replace it with “The City of Los Altos will provide a work culture and environment including competitive compensation and benefits that support recruitment and retention of exceptional employees to provide City services” and add a new Goal # 9 that the City will support all the Business communities and specifically mention the Downtown Vision Plan. ( Councilmember Fligor was asked to draft the language based on the Council discussion). The motion was seconded by Council Member Fligor and the motion passed with a 5-0 vote.

AYES: Council Member Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
Staff was directed to bring the Goals back to the April 26th meeting for final adoption.

9. Council Legislative Subcommittee Update And Potential Council Action: Receive update from the City Council Legislative Subcommittee; discuss pending legislation and consider suggestions for additional bills to track. (Mayor Enander; Council Member Lee Eng) Mayor Enander and Council Member Lee Eng provided a report. Council Member Fligor requested that the Council Legislative Subcommittee add AB 2164 and AB 1944 to their list of bills being tracked.

INFORMATIONAL ITEMS ONLY
A. Tentative Council Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS Council Members reported on the activities of their various assigned Committees/Commissions.

Council Member Meadows, with support from Council Member Fligor and Mayor Enander requested an item on a future agenda to review Commissions in general including the recruitment process, the Commission Handbook and alignment of Commission work plans with the budget.

There was brief discussion regarding the upcoming May 3rd joint meetings with the Council and Commissions.

Council Member Lee Eng mentioned the need for the Open Government Committee to discuss the City’s noticing policy relative to Commissions

ADJOURNMENT
At 2:28 a.m., Wednesday, April 13, Mayor Enander adjourned the meeting. ____________________________
Anita Enander MAYOR
ATTEST:
_____________________________________
Andrea Chelemengos, CITY CLERK
9 Agenda Item # 1.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: April 26, 2022
Subject Award of Maintenance Contract: Full Trash Capture Devices Cleaning and Inspection
Prepared by: Thanh Nguyen, Senior Civil Engineer
Reviewed by: Aida Fairman, Engineering Services Manager James Sandoval, Engineering Services Director
Approved by: Gabriel Engeland, City Manager
Attachment:

None
Initiated by:

Staff
Previous Council Consideration:

None
Fiscal Impact:

The following action will cost $139,176
- Breakdown of funds to be used:
o $139,176 Solid Waste Fund
- Requesting appropriation of the $139,176 from the Solid Waste Fund to the Solid Waste Operating Budget 9410-5280
- There is sufficient fund balance available to cover this appropriation. - Amount already included in approved budget: N
Environmental Review:

Categorically Exempt pursuant to CEQA Section 15301 (b) consisting of the operation and maintenance of existing storm drainage publicly-owned facilities involving negligible or no expansion of existing or former use.

Policy Question(s) for Council Consideration:
 None
10 Agenda Item # 2.

Subject: Award of Maintenance Contract: Full Trash Capture Devices Cleaning and Inspection
April 26, 2022 Page 2
Summary:
 In 2019, the City installed 11 full trash capture devices at storm drain inlets along El Camino Real in Los Altos to screen litter and debris from stormwater in those locations to help the City meet trash reduction goals set by the State Water Board through the Municipal Regional Permit
 These devices require quarterly inspection and debris removal for proper functioning  In March 2020, City staff reviewed proposals for quarterly cleaning and inspection of the 11 devices for the next three years
 The Purchase is eligible for funding from the Solid waste fund as maintenance of the inlet based full-trash capture devices because the franchise fee plus the administrative fee combined reflect the reasonable value of the benefits conferred on Mission Trail Waste Systems by the Collection Agreement.

Staff Recommendation:

Authorize the City Manager to execute an agreement on behalf of the City with United Stormwater, Inc. in the amount of $139,176 to provide quarterly maintenance services for the City’s 11 inletbased full trash capture devices 11 Agenda Item # 2.

Subject: Award of Maintenance Contract: Full Trash Capture Devices Cleaning and Inspection
April 26, 2022 Page 3
Purpose
Execute an agreement on behalf of the City with United Stormwater, Inc. in the amount of $139,176 to provide quarterly maintenance services for the City’s 11 inlet-based full trash capture devices located along El Camino Real.

Background
The City of Los Altos stormwater program is regulated by the Municipal Regional Permit (MRP, also known as the City’s NPDES permit), which includes required trash load reduction goals. In 2014, the City of Los Altos developed a Long-term Trash Load Reduction Plan, which evaluated trash levels in the City and strategies for reducing litter in stormwater. To continue progress toward the 100% trash load reduction goal set by the Water Board regulations through the MPR, the City worked with a consultant in 2018 to perform an evaluation to determine the best locations for installation of full trash capture devices. Staff selected 11 locations along El Camino Real based on the analysis performed using the drainage areas at each inlet and the trash generation levels in those areas. The City then requested and evaluated proposals for the installation of certified full trash capture devices.

On March 20, 2019, the City of Los Altos executed a contract with United Storm Water, Inc. for the purchase and installation of inlet-based full trash capture devices. United Storm Water installed Connector Pipe Screen (CPS) devices in each of the 11 inlets. These CPS devices are certified as Full Trash Capture devices by the Water Board and therefore provide credit to the City of Los Altos toward the 100% trash load reduction requirement. The installation contract with United Storm Water included the first three years of quarterly maintenance, consisting of removing accumulated debris and inspection of the devices to ensure they continue to function properly.

Discussion/Analysis
In order to continue maintaining the CPS full trash capture devices, as is necessary for their proper functioning, the City advertised a request for proposals for the quarterly cleaning and inspection of the devices. Staff evaluated the four proposals that were received and recommend United Storm Water, Inc. for the maintenance services contract, which would begin in fall 2022 and continue through summer 2025.

The Engineering Services Department communicated with the city Attorney’s Office in January 2022 to request and discuss the possibility of covering the future costs for the maintenance of the full-trash capture devices on El Camino Real through the Solid Waste Administrative Fee instead of the Storm Drain Operating Fund. After a thorough research and analysis, it was determined that the Solid Waste Administrative Fee could be used to cover the future costs of the maintenance of 12 Agenda Item # 2.

Subject: Award of Maintenance Contract: Full Trash Capture Devices Cleaning and Inspection
April 26, 2022 Page 4
the inlet based full-trash capture devices since the franchise fee plus the administrative fee combine reflect the reasonable value of the benefits conferred on Mission Trail Waste Systems by the Collection Agreement.

United Storm Water has no claims against its contractor’s license. There are no open violations for United Storm Water in the Federal Government Occupational Safety and Health Administration (OSHA) database. United Storm Water has been in business for over 22 years and has satisfactorily completed the maintenance of these 11 devices in the City of Los Altos since 2019, as well as similar work in the City of Fremont and Contra Costa County.

Recommendation
The staff recommends award of the maintenance contract to United Storm Water in the amount of $139,176 for the cleaning and inspection of the City’s 11 full trash capture devices on a quarterly basis over the next three years.
13 Agenda Item # 2.

ATTACHMENT A
Resolution No. 2022-XX Page 1
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

AWARD OF MAINTENANCE CONTRACT FOR

FULL TRASH CAPTURE DEVICES CLEANING AND INSPECTION IN THE AMOUNT OF $139,176 AND APPROPRIATION OF $139,176 FROM THE

ADMINISTRATIVE FEE OF THE SOLID WASTE FUND TO THE SOLID WASTE OPERATING BUDGET 9410-5280
WHEREAS, the City of Los Altos stormwater program is regulated by the Municipal Regional Permit (MRP) issued by the State Water Board, which contains required trash load reduction goals; and
WHEREAS, in 2019, the City of Los Altos installed Connector Pipe Screen (CPS) devices certified by the Water Board as Full Trash Capture Devices in 11 inlets along El Camino Real; and
WHEREAS, those 11 Full Trash Capture Devices require routine maintenance for proper functioning; and
WHEREAS, United Storm Water has satisfactorily performed similar maintenance for the City of Los Altos in the past.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby

1. Authorizes the City Manager to execute an agreement with United Storm Water, Inc. in an amount not to exceed $139,176 to provide quarterly maintenance services for the City’s 11 inlet-based full trash capture devices.

2. Authorizes the appropriation of $139,176 from the Administrative Fee of the Solid Waste Fund to the Solid Waste Operating Budget 9410-5280.

3. Authorizes the City Manager to take such further actions as may be necessary to implement the foregoing agreement.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 26th day of April, 2022 by the following vote:
14 Agenda Item # 2.

ATTACHMENT A
Resolution No. 2022-XX Page 2
AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Andrea Chelemengos, MMC, CITY CLERK
15 Agenda Item # 2.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: April 26, 2022
Subject Consider authorizing the City Manager to execute the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program to provide for funding from the City of Los Altos in the amount of $76,718 for the Countywide Hazardous Waste Disposal Program for FY 2022/23, and consider finding the Council’s action exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15273 Prepared by: Thanh Nguyen, Senior Civil Engineer
Reviewed by: Aida Fairman, Engineering Services Manager James Sandoval, Engineering Services Director
Approved by: Gabriel Engeland, City Manager
Attachments:

1. First Amendment for Countywide Household Hazardous Waste Collection Program (HHW)

2. Executed Agreement for Countywide Household Hazardous Waste Collection Program (FY 2022-24)

3. Executed Agreement for Countywide AB 939 Implementation Fee (FY 2022-24) Initiated by:

Staff
Previous Council Consideration:

Annually since FY 2015
Fiscal Impact:

The amount of $76,718 for funding augmentation of the HHW Program is included as an expense in the proposed FY 2022/23 Solid Waste Budget, in which there are sufficient funds. (Amount shown here is calculated based on anticipated resident participation from Los Altos; actual funding augmentation for FY 2022/23 will be based on actual resident participation.) - Breakdown of funds to be used for funding augmentation for the HHW Program per the Agreement:
o $76,718 Solid Waste Fund
- Amount already included in approved budget: Y
16 Agenda Item # 3.

Subject: Countywide Household Hazardous Waste Collection Program and AB 939 Implementation Fee
April 26, 2022 Page 2
Environmental Review:

Approval of the First Amendment to the Agreement for Countywide HHW Collection Program is exempt from environmental review under the Environmental Quality Act (CEQA) pursuant to Section 15273(a) of the CEQA Guidelines because CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public agencies which the public agency finds are for the purpose of meeting operating expenses.

Summary:
 On May 11, 2021, the City Council approved agreements for the City’s participation with Santa Clara County for Household Hazardous Waste (HHW) Program management, which must be amended annually.
 HHW is an important component of the solid waste diversion, and it is illegal to dispose of hazardous waste in sanitary landfills. This program provides residents a safe method to dispose of items that require special handling.

Staff Recommendation:

Authorize the City Manager to execute the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program
17 Agenda Item # 3.

Subject: Countywide Household Hazardous Waste Collection Program and AB 939 Implementation Fee
April 26, 2022 Page 3
Purpose
Authorize the City Manager to execute the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program.

Background
On May 11, 2021, the City Council approved a three-year agreement for the City’s participation with Santa Clara County for Household Hazardous Waste (HHW) Program management. This agreement expires on June 30, 2024. The City has participated in the program since 2000. The Countywide HHW Collection program enables residents to conveniently dispose of small quantities of hazardous waste at any of the collection facilities in the County. Hazardous waste that is not allowed to be placed in household garbage containers. Household waste includes, but is not limited to, cleaning products, mercury thermostats, pesticides, flammable liquids, corrosives, solvents, car batteries, used motor oil, antifreeze, paint, fluorescent lights, electronic waste.

AB 939 mandates and provides authority for agencies to collect funds for planning and implementation of integrated waste management programs, which include programs for diversion of waste from landfills. The HHW is a minor, but important part of the diversion of waste from landfills. It is illegal to dispose of hazardous waste in sanitary landfills. This program provides residents a safe method to dispose of items that require special handling.

The agreements with the County for HHW Program and AB 939 implementation provide for collection of fees on waste disposed of or treated at County landfills. The agreement provides for the City to receive $1.50 per ton of landfilled waste that the City uses to partially-fund integrated waste management programs. A fee of $2.60 per ton is collected for County-wide HHW programs.

The HHW Program agreement defines the County, for the specific services it provides to municipalities, as the program manager.

Discussion/Analysis
While the City and County entered into a three-year agreement to provide HHW collection services, the agreement must be amended annually with a new operating schedule and a new augmentation amount for service levels above what is funded through AB 939 Implementation Fees. The City is required under the agreement to pay the difference between the estimated cost to provide service to an average of 4% of the City’s residents annually at hazardous waste disposal sites under the program less the amount generated within the City in AB 939 fees. The AB 939 fees will continue to support a 4% level of participation by Los Altos residents in the County HHW Program. Funding augmentation for the HHW Program for FY 2022/23 is needed in the amount of $76,718 based on anticipated participation from City residents. It is important to note when 18 Agenda Item # 3.

Subject: Countywide Household Hazardous Waste Collection Program and AB 939 Implementation Fee
April 26, 2022 Page 4
reviewing the attached amendment that the County uses the term “FY2023” to describe the fiscal year from July 1, 2022, to June 30, 2023.

Recommendation
The staff recommends that the City Council authorize the City Manager to execute the First Amendment to the Agreement for Countywide Household Hazardous Waste Collection Program. 19 Agenda Item # 3.

ATTACHMENT A
Resolution No. 2022-XX Page 1
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST

AMENDMENT TO THE AGREEMENT WITH SANTA CLARA COUNTY FOR

THE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
WHEREAS, on May 11, 2021, the City Council approved agreements for the City’s participation with the Santa Clara County for Household Hazardous Waste (HHW) Program management, which must be amended annually; and WHEREAS, HHW is an important part of solid waste diversion and it is illegal to dispose of hazardous waste in sanitary landfills; and
WHEREAS, the County HHW program provides residents a safe method to dispose of items that require special handling; and
WHEREAS, AB 939 mandates and provides authority for agencies to collect funds for planning and implementation of integrated waste management programs.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby

1. Authorizes the City Manager to execute the First Amendment to the Agreement with Santa Clara County for Household Hazardous Waste Collection Program.

2. Authorizes the City Manager to take such further actions as may be necessary to implement the foregoing agreement.

3. Authorizes the City to continue providing funding augmentation for the HHW Program for FY 2022/23 in the amount needed based on participation from City residents per the Agreement, which is estimated based on anticipated participation at $76,718 for FY 2022/23.

AYES:

NOES:

ABSENT:

ABSTAIN:
20 Agenda Item # 3.

ATTACHMENT A
Resolution No. 2022-XX Page 2
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Andrea Chelemengos, MMC, CITY CLERK
21 Agenda Item # 3.

FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD

HAZARDOUS WASTE COLLECTION PROGRAM
The Agreement for Countywide Household Hazardous Waste Collection Program (AGREEMENT) by and between the City of Los Altos (CITY) and the County of Santa Clara (COUNTY) previously entered into on June 17, 2021, is hereby amended as set forth below.

The COUNTY and the CITY agree that:

1. Section 16. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in full to read:

Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.

CITY agrees to augment up to an additional $90,803 to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2023 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate.

Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.
76,718
Attachment 1
22 Agenda Item # 3.

At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.

2. Attachment C-1 “HHW Schedule For Collection Events for Fiscal Year 2022/2023” attached hereto and incorporated herein by this reference is hereby added to the AGREEMENT.

Except as provided herein, all terms and conditions of the AGREEMENT shall remain in full force and effect.

IN WITNESS WHEREOF, COUNTY and CITY, through their duly authorized representatives, have entered into this First Amendment to the AGREEMENT on the last date shown below:

COUNTY OF SANTA CLARA CITY OF LOS ALTOS

Signature: Signature:

Jeffery V. Smith Name: _____________________
County Executive Title:

Date: Date:

APPROVED AS TO FORM AND LEGALITY

Willie Nguyen
Deputy County Counsel
Date:

23 Agenda Item # 3.

ATTACHMENT C-1: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2022-2023*
2022/Month Day Date Location Type of Event County Holidays/ Notes July Fri 1 San Jose Permanent
Saturday 2 No Event No Event 4th OF JULY WEEK
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Fri,Sat 8,9 San Martin Permanent
Thurs,Fri 14,15 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
August Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri,Sat 5,6 San Martin Permanent
Thurs,Fri 11,12 San Jose Permanent
Saturday 13 Mountain View Temporary TBD
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Thurs,Fri,Sat 25,26,27 San Jose Permanent
Wed 31 San Jose Permanent
September Thurs,Fri 1,2 San Jose Permanent
Saturday 3 No Event No Event LABOR DAY WEEKEND
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Fri,Sat 9,10 San Martin Permanent
Wed,Thurs,Fri 14,15,16 San Jose Permanent
Saturday 17 Santa Clara Temporary TBD
Thurs,Fri,Sat 22,23,24 San Jose Permanent
Thurs,Fri 29,30 San Jose Permanent
October Sat 1 San Jose Permanent
Wed,Thurs,Fri,Sat 5,6,7,8 San Jose Permanent
Fri,Sat 7,8 San Martin Permanent
Thurs,Fri 13,14 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
November Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Wed, Thurs 9,10 San Jose Permanent
Fri 11 No Event No Event VETERANS DAY
Saturday 12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Wednesday 23 San Jose Permanent
Thurs,Fri,Sat 24,25,26 No Event No Event THANKSGIVING
Wed 30 San Jose Permanent
December Thurs,Fri,Sat 1,2,3, San Jose Permanent
Fri, Sat 2,3 San Martin Permanent
Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Wed,Thurs 21,22 San Jose Permanent
Fri,Sat 23,24 No Event No Event CHRISTMAS
Wed,Thurs 28,29 San Jose Permanent
Fri,Sat 30,31 No Event No Event NEW YEAR'S DAY
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2022/2023*
24 Agenda Item # 3.

ATTACHMENT C-1: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2022-2023* (Continued) 2023/Month Day Date Location Type of Event County Holidays/ Notes January Thurs,Fri,Sat 5,6,7 San Jose Permanent
Fri, Sat 6,7 San Martin Permanent
Wed,Thurs,Fri 11,12,13 San Jose Permanent
Saturday 14 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri 26,27 San Jose Permanent
Saturday 28 Santa Clara Temporary TBD
February Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Thurs,Fri,Sat 23,24,25 San Jose Permanent
March Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Thurs,Fri,Sat 23,24,25 San Jose Permanent
Wed,Thurs,Fri 29,30,31 San Jose Permanent
April Sat 1 San Jose Permanent
Wed,Thurs,Fri,Sat 5,6,7,8 San Jose Permanent
Fri, Sat 7,8 San Martin Permanent
Thurs,Fri 13,14 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri 19,20,21 San Jose Permanent
Saturday 22 Los Altos Temporary TBD
Thurs,Fri 27,28 San Jose Permanent
Saturday 29 Santa Clara Temporary TBD
May Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri, Sat 5,6 San Martin Permanent
Thurs,Fri,Sat 11,12,13 San Jose Permanent
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Wed,Thurs,Fri 24,25,26 San Jose Permanent
Saturday 27 No Event No Event MEMORIAL DAY WEEKEND
June Thurs,Fri,Sat 1,2,3 San Jose Permanent
Fri, Sat 2,3 San Martin Permanent
Thurs,Fri 8,9 San Jose Permanent
Saturday 10 Milpitas Temporary TBD
Wed,Thurs,Fri,Sat 14,15,16,17 San Jose Permanent
Thurs,Fri,Sat 22,23,24 San Jose Permanent
Wed,Thurs,Fri 28,29,30 San Jose Permanent
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2022/2023-continued*
25 Agenda Item # 3.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 1 of 26

AGREEMENT FOR COUNTYWIDE

HOUSEHOLD HAZARDOUS WASTE

COLLECTION PROGRAM
This Agreement is made by and between the (CITY) and the County of Santa Clara (COUNTY) on

RECITALS
WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the County and cities and towns participating in the Countywide program will have an opportunity to safely dispose of household hazardous wastes (HHW), regardless of the specific location at which the collection has been scheduled; and
WHEREAS, CITY desires to provide residents with convenient opportunities to safely dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, CITY desires to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste; and
WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2022 through FY 2024 (July 1, 2021 – June 30, 2024); and WHEREAS, CITY desires to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in its jurisdiction; and WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste Collection Program to meet these objectives; and
WHEREAS, pursuant to Public Resources Code Section 41901, the County Board of Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2022 through FY 2024 (July 1, 2021 – June 30, 2024) on all wastes landfilled or incinerated within the County, received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County, collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County, or removed from any location in the county by any person or business for disposal or incineration outside the County; and City of Los Altos
20-73
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 6/17/2021
26 Agenda Item # 3.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 2 of 26
WHEREAS, the AB939 HHW Fee is allocated to the Countywide Household Hazardous Waste Program and participating jurisdictions to fund HHW program costs in accordance with the terms of the Countywide AB939 Implementation Fee Agreement; and WHEREAS, CITY desires for COUNTY to utilize CITY’s share of the AB939 HHW Fee to provide HHW services for CITY residents.

NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:

1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into an AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM with the County.

2. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. State law authorizes cities and counties to impose fees in amounts sufficient to support planning and implementation of integrated waste management programs, including HHW elements. The AB939 HHW Fee, of $2.60 per ton, imposed by the County as part of the AB939 Implementation Fee and collected and distributed in accordance with the AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. CITY agrees that COUNTY may utilize CITY’s share of the AB939 HHW fee to provide HHW Program services in accordance with the terms and conditions of this Agreement.

Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW Program service costs as follows:

A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” B. San José Facility Use Surcharge will be apportioned based on CITY residents’ participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José, CA 95133.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 3 of 26
households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.” D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility Use Surcharge, and Variable Cost Per Car allocation.

E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section 41904.

The projected AB939 HHW Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein.

3. FIXED PROGRAM COST
Estimated HHW Fixed Program Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs are allocated to CITY at the conclusion of each fiscal year based on CITY’s proportional share of the County population and will not exceed $3.75 per household for Fiscal Years 2022, 2023, and 2024. Fixed Program Costs may include, but are not limited to, up to eleven (11) County HHW Program staff members, facility lease costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes.

4. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05 per household are set forth in Attachment A, attached hereto and incorporated herein.

For the purposes of this Agreement, “Nonprofit Charitable Reuser Organization” is defined in accordance with Public Resources Code Section 41904 as follows: a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.

5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 28 Agenda Item # 3.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 4 of 26
at 1608 Las Plumas Avenue, San José. Estimated San José Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.29 per car for Fiscal Years 2022, 2023, and 2024.

6. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $58.20 per participating resident car for Fiscal Years 2022, 2023 and 2024. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San José Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in the CITY, the CoHHW Program may use the remaining balance of funds, in cooperation with the CITY, to increase public outreach and/or provide additional services in that jurisdiction the following year.

7. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San José Facility Use Surcharge, and Variable Cost Per Car allocation.

Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e-waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. COUNTY has discretion to determine appropriate uses of Available Discretionary Funding in accordance with the terms and conditions in this Agreement, and to apply the funding toward those uses.

8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE
The County of Santa Clara Recycling and Waste Reduction Division will administer the AB939 HHW Fee, as part of the existing online disposal reporting and payment system.

Administration and payment will be made in accordance with the AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE and this Agreement. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing.

DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 29 Agenda Item # 3.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 5 of 26

9. PROGRAM PUBLICITY
The CoHHW Program shall produce and make available to the public an HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events and community fairs. The brochure may also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling.

CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities:
 Serving as the formal contact to the local media such as local newspapers and television news stations;
 Providing participating jurisdictions with educational materials developed for the CoHHW Program;
 Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions;  Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and  Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials.

CITY’s public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities:
 Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication;  Developing and distributing HHW promotion communications to residents for local and CITY newsletters, newspapers and to the electronic media;  Providing the CoHHW Program with a copy of HHW promotion materials produced by the CITY; and,
 Conducting and supporting outreach and publicity to attain the goal of 4% of households in the CITY participating in the CoHHW Program.

10. TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. / /
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 30 Agenda Item # 3.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 6 of 26

11. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES
COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF).

The CoHHWCF are located at:
 San Martin, 13055 Murphy Avenue, San Martin, CA 95046  San José, 1608 Las Plumas, San José, CA 95133
The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected.

12. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM
COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG) in accordance with California Health and Safety Code Section 25218.3, as amended from time to time. Eligible businesses within the County will be allowed to bring their hazardous waste to CoHHWCF. These services to businesses located within the CITY will be provided on a cost recovery basis, which will include program administration, on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating businesses. The CITY may choose to pay for services for CESQG’s within the City of San José and will notify the COUNTY in writing with 30-day advance notice in order to exercise this option. If the CITY exercises this option, the COUNTY will invoice the CITY for all costs associated with CSQG’s within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding to pay for CESQG costs.

For purposes of this Agreement, CESQG has the meaning provided by Health and Safety Code Section 25218.1.

13. ABANDONED HOUSEHOLD HAZARDOUS WASTE
The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and qualified nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generated by a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee.

A) GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program’s published rates for CESQGs.
/ /
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 31 Agenda Item # 3.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 7 of 26

B) NONPROFIT CHARITABLE REUSER
In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the County Executive a request to be so designated. The County Executive shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program’s published rates for CESQGs. No additional costs shall be applied to the budget of the CITY or any other participating jurisdiction.

14. HOUSEHOLD HAZARDOUS WASTES ACCEPTED
HHW accepted by the CoHHW Program shall be limited to those materials that qualify as Hazardous Waste under Health and Safety Code Section 25218.1, as amended from time to time.

These materials include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, e-waste and other common hazardous consumer products.

15. WASTES NOT ACCEPTED
Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 12 of this Agreement shall be accepted.

16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level. Additional services shall be made available upon written agreement between the CITY’s authorized representative and the County Executive Officer or designee. Additional services may include, but are not limited to, additional appointments (charged at the Variable Cost Per Car rate), door-to-door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection.

DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 32 Agenda Item # 3.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 8 of 26
CITY agrees to augment up to an additional $_________ to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

17. INFORMATION AND APPOINTMENT LINE
COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 9:00 a.m. to 5:00 p.m. The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding.

18. SCHEDULING AND SITE SELECTION
COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2022 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service. The COUNTY determines the adequate number of collection days by tracking attendance at each event.

19. OUTSIDE FUNDING
During the term of this Agreement, COUNTY may seek outside funding sources for services that would supplement existing HHW services such as permanent collection sites, equipment, retail take-back collection and operational funding. If outside funding is obtained, the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional programs using that outside funding without drawing on CITY’s funding provided under this Agreement.
/ /
90,803
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 33 Agenda Item # 3.

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20. REGIONAL GRANT AND OIL PAYMENT PROGRAM PARTICIPATION The CITY authorizes the CoHHW Program to apply for lead agency grants, including but not limited to Used Oil Payment Program grants, from the California Department of Resources Recycling and Recovery (CalRecycle), on behalf of participating jurisdictions. The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude the COUNTY or a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply for the grant opportunity.

21. EMERGENCY SERVICES
Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster.

The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY’s responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY’s written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan.

COUNTY agrees to conduct the Emergency Collection Event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control and will handle wastes in accordance with State law. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis and all payments shall be due COUNTY within thirty days following the receipt of the invoice.

22. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program’s annual report to the participating jurisdictions.
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DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 34 Agenda Item # 3.

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23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY.

COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured.

24. WASTE TRACKING AND REPORTING
COUNTY will provide a mid-year report to CITY regarding participation rates from each participating jurisdiction by March 15 of each year. Mid-year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services.

COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY’s fiscal year.

It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate.

COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter.

25. PARTICIPATION REPORTING
COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program.

26. HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.

DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 35 Agenda Item # 3.

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Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.

Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction’s pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 23 above.

CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.

COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY, at minimum, for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.

27. TERMINATION
This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party.

28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2021 to June 30, 2024, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later.
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DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 36 Agenda Item # 3.

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29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.

30. EXECUTION BY COUNTERPART
This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument.

31. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

32. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designates.

33. NOTICES
All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing:

CITY of City Representative
Representative’s Title
City Address
Santa Clara County Director
Consumer and Environmental Protection Agency
1553 Berger Drive
San José, California 95112

34. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE 1 N. San Antonio Rd.

Los Altos Emiko M. Ancheta
City of Los Altos
Los Altos, CA 94022
Sustainability Coordinator
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 37 Agenda Item # 3.

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as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below:

Date: COUNTY OF SANTA CLARA
JEFFREY V. SMITH
County Executive
Date: “CITY”

CITY/TOWN OF
Title
A municipal corporation
APPROVED AS TO FORM AND LEGALITY:

STEPHANIE SAFDI
Deputy County Counsel
Attachments:

A Projected Fiscal Years 2022, 2023, and 2024 AB939 HHW Fee Funding Allocation by Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2022, 2023, and 2024 C HHW Schedule of Collection Events for Fiscal Year 2022 D Household Hazardous Waste Emergency Collection Plan
E Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contracts 2378821
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE City Attorney
Jolie Houston
Interim City Manager
Los Altos
5/21/2021
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 6/17/2021
38 Agenda Item # 3.

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ATTACHMENT A: PROJECTED FISCAL YEARS 2022-2024 ANNUAL HHW FEE

FUNDING ALLOCATION BY JURISDICTION
Campbell 18,158 726 40,970 106,521 $ $ 68,093 $ 7,162 $ 42,272 $ 908 $ (11,913) $ 45,525 1,268 1,221 Cupertino 21,050 842 41,603 108,168 $ $ 78,938 $ 4,242 $ 49,004 $ 1,053 $ (25,068) $ 36,963 1,034 723 Gilroy 16,676 667 53,681 139,571 $ $ 62,535 $ 1,086 $ 38,822 $ 834 $ 36,295 $ 23,027 1,038 185 Los Altos 11,677 467 17,678 45,963 $ $ 43,789 $ 4,188 $ 27,184 $ 584 $ (29,781) $ 90,803 1,451 714 Los Altos Hills 3,180 127 9,303 24,188 $ $ 11,925 $ 958 $ 7,403 $ 159 $ 3,743 $ 4,413 259 163 Los Gatos 13,637 545 25,338 65,878 $ $ 51,139 $ 6,784 $ 31,747 $ 682 $ (24,474) $ 66,018 1,216 1,157 Milpitas 22,553 902 100,225 260,586 $ $ 84,574 $ 5,247 $ 52,503 $ 1,128 $ 117,135 $ 24,851 1,303 895 Monte Sereno 1,383 55 1,278 $ 3,323 $ 5,186 $ 789 $ 3,220 $ 69 $ (5,941) $ 11,138 139 135 Morgan Hill 15,350 614 43,759 113,774 $ $ 57,563 $ 2,252 $ 35,735 $ 768 $ 17,456 $ 78,579 1,881 384 Mountain View 36,727 1,469 77,033 200,285 $ $ 137,726 $ 4,700 $ 85,500 $ 1,836 $ (29,478) $ 39,356 1,628 802 Palo Alto 29,298 0 63,437 164,936 $ $ - $ - $ 1,465 $ 163,471 San Jose 336,507 13,460 810,331 2,106,860 $ $ 1,261,901 $ 114,172 $ 783,388 $ 16,825 $ (69,427) $ 476,507 20,026 19,470 Santa Clara 48,975 1,959 160,175 416,455 $ $ 183,656 $ 9,178 $ 114,014 $ 2,449 $ 107,157 $ 121,604 3,920 1,565 Saratoga 11,301 452 19,996 51,990 $ $ 42,379 $ 4,458 $ 26,309 $ 565 $ (21,720) $ 45,244 831 760 Sunnyvale 60,273 2,411 116,128 301,932 $ $ 226,024 $ 6,717 $ 140,316 $ 3,014 $ (74,138) $ 152,321 3,672 1,145 Unincorporated 18,558 742 38,112 99,092 $ $ 69,593 $ 4,640 $ 43,203 $ 928 $ (19,271) $ 57,932 1,677 791 Total 665,303 25,440 1,619,047 4,209,522 $ $ 2,385,019 $ 176,572 $ 1,480,620 $ 33,265 $ 134,047 $ 1,274,282 41,345 30,110 Cities
No of
Households
4% of
Households
Disposal
Tonnage
AB939 HHW Fee
$2.60 per Ton
Fixed Cost $3.75
per HH
SJ Facility $8.29
Surcharge
Variable Cost
$58.20 per Car
Abandoned
Waste Disposal
Cost $.05 per
Household
Discretionary
Fund
Estimated
Augmentation
Anticipated
Participation
Anticipated
Particiation
at SJ
Facility
Notes: Number of HH and Disposal tonnage are based on FY2019-2020 actuals. Anticipated participation and anticipated participation at SJ facility are based on 15% increase from FY2018-2019 actual participation.

ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 39 Agenda Item # 3.

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ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS
FOR FISCAL YEARS 2022, 2023, AND 2024

FIXED COST
Staff Salary and Benefits $1,568,216
County Admin Overhead $421,899
County Counsel $13,650
Phones and Communications $10,605
Facilities Lease Costs San Jose $176,572
Vehicle Costs $34,125
Office Supplies and postage $1,916
Maintenance, Software $115,500
HHW Hotline $50,000
Garbage & Utilities $36,488
Membership & Dues $15,750
Training & Conference $5,250
Safety Wear $21,840
Printing $13,583
Other Services & Supplies $56,175
ESTIMATED ANNUAL TOTAL $2,541,568
ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 40 Agenda Item # 3.

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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022*
2021/Month Day Date Location Type of Event County Holidays/ Notes July Thurs,Fri 1,2 San Jose Permanent
Saturday 3 No Event No Event 4th OF JULY WEEK
Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent
Fri,Sat 9,10 San Martin Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Saturday 17 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 21,22,23,24 San Jose Permanent
Thurs,Fri,Sat 29,30,31 San Jose Permanent
August Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri,Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Saturday 14 Mountain View Temporary TBD
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
September Wed,Thurs,Fri 1,2,3 San Jose Permanent
Saturday 4 No Event No Event LABOR DAY WEEKEND
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Fri,Sat 10,11 San Martin Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Saturday 18 Santa Clara Temporary TBD
Wed,Thurs,Fri,Sat 22,23,24,25 San Jose Permanent
Thursday 30 San Jose Permanent
October Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
November Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri, Sat 5,6 San Martin Permanent
Fri,Sat 12,13 San Jose Permanent
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Tuesday 23 San Jose Permanent
Thurs,Fri,Sat 25,26,27 No Event No Event THANKSGIVING
December Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Wed,Thurs,Fri,Sat 8,9,10,11 San Jose Permanent
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Tues,Wed,Thurs 21,22,23 San Jose Permanent
Fri,Sat 24,25 No Event No Event CHRISTMAS
Tues,Wed,Thurs 28,29,30 San Jose Permanent
Friday 31 No Event No Event NEW YEAR's DAY
ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 41 Agenda Item # 3.

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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022* (Continued) 2022/Month Day Date Location Type of Event County Holidays/ Notes 2022/Jan Saturday 1 No Event No Event NEW YEAR's DAY
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Fri, Sat 7,8 San Martin Permanent
Wed,Thurs,Fri,Sat 12,13,14,15 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
Saturday 29 Santa Clara Temporary TBD
February Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Thurs,Fri,Sat 24,25,26 San Jose Permanent
March Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Wed,Thurs,Fri,Sat 23,24,25,26 San Jose Permanent
April Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Saturday 9 Los Altos Temporary TBD
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
Saturday 30 Santa Clara Temporary TBD
May Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri, Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri 26,27 San Jose Permanent
Saturday 28 No Event No Event MEMORIAL DAY WEEKEND
June Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs 15,16 San Jose Permanent
Friday 17 No Event No Event JUNETEENTH DAY
Saturday 18 San Jose Permanent
Saturday 25 Milpitas Temporary TBD
Thurs,Fri,Sat 23,24,25 San Jose Permanent
Wed,Thurs 29,30 San Jose Permanent
*SUBJECT TO CHANGE
ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 42 Agenda Item # 3.

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ATTACHMENT D:

COUNTY HOUSEHOLD HAZARDOUS WASTE

EMERGENCY COLLECTION PLAN

1. PURPOSE
The purpose of the Household Hazardous Waste Emergency Collection Plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction.

Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response.

2. Timing of HHW
While it is important to have special collection opportunities for disaster-related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster and cleanup process by the designated City HHW Coordinator(s) is essential.

3. Public Information/Notification:

Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City’s responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City’s public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door-to-door notices, roadside signs, signs on dumpsters, radio public service announcements, social media outlets and television public access stations. Be aware of communities where multiple language outreach efforts will be necessary.

4. State HHW Collection Permits
The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit for special collection of household hazardous waste from DTSC through their expedited approval process.

5. Collection Events
ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 43 Agenda Item # 3.

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Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, within neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected will be transported with a transportation vehicle provided by the HHW Program. In addition, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF).

The following options are available to each participating City.  Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility.
 Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events.
 CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF.

The CoHHWCF are located at:  San Martin, 13055 Murphy Ave, San Martin  San Jose, 1608 Las Plumas, San Jose

6. Costs, Documentation, and Reimbursements
Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.

The County agrees to provide the City with a detailed accounting of services provided for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs.

Services to businesses will be provided on a cost recovery basis and according to Section 12 of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 44 Agenda Item # 3.

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transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses.

7. State and Federal Assistance and Funds
It is the City responsibility to pursue reimbursement from State or Federal agencies.

State Office of Emergency Services (OES)
The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES.

Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection.

Federal Assistance
If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA.

Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance.

Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA.

REFERENCES
California Integrated Waste Management Board, Integrated Waste Management Disaster Plan:

Guidance for local government on disaster debris management, January 1997.

ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 45 Agenda Item # 3.

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Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Recycling and Waste Reduction Division
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967
For Non-Emergency after-hours, contact County Communications at: (408) 977-3220 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations.

Cal OES Public Safety Communications Main Office
601 & 630 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 657-9494
Cal OES
3650 Schriever Avenue
Mather, CA 95655-4203
(916) 845-8510
CHEMTREC Emergency number, (800) 424-9300
Non-emergency (800) 262-8200
Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals.

ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 46 Agenda Item # 3.

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

Page 22 of 26 ends

INSURANCE REQUIREMENTS FOR

ENVIRONMENTAL SERVICES CONTRACTS
(Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity
The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest.

Insurance
Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions:

A. Evidence of Coverage
Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request.

This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor.

B. Qualifying Insurers
All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager.

ATTACHMENT E
ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 47 Agenda Item # 3.

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

Page 23 of 26 ends

C. Notice of Cancellation
All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent.

D. Insurance Required

1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows:
a. Each occurrence - $1,000,000
b. General aggregate - $2,000,000
c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000

2. General liability coverage shall include:
a. Premises and Operations
b. Products/Completed
c. Personal Injury liability
d. Severability of interest

3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County:

Additional Insured Endorsement, which shall read:
“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 48 Agenda Item # 3.

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

Page 24 of 26 ends

additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements.

4. Automobile Liability Insurance
For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired aircraft/watercraft.

5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage.
b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence.

6. Contractors Pollution Liability Insurance
Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite.

7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.)
a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate.
b. If coverage contains a deductible or self-retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event.

ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 49 Agenda Item # 3.

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

Page 25 of 26 ends

c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement.

8. Claims Made Coverage
If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:
a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims.

E. Special Provisions
The following provisions shall apply to this Agreement:

1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification.

2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions.

3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies.

4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.

F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 50 Agenda Item # 3.

EXHIBIT B-2D (revised)
Agreement for Countywide Household
Hazardous Waste Collection Program

Page 26 of 26 ends

countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County.

ATTACHMENT 1
DocuSign Envelope ID: 446D4821-19AF-41C5-AEF5-DC6C0EE5F0FE DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 51 Agenda Item # 3.

Approved: 06/08/2021
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DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 52 Agenda Item # 3.

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 2 of 14 ends

WHEREAS, the County will collect the Fee on behalf of the fifteen cities and for the unincorporated area of the County and will apportion the Fee according to the terms of this Agreement.

NOW THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:

1. PURPOSE
The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton of waste to be disposed in Fiscal Years 2022, 2023 and 2024. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a Household Hazardous Waste Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among the CITIES and COUNTY as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County.

Non-Disposal Facilities are defined as those facilities included in the County of Santa Clara NonDisposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein.

2. SERVICES PROVIDED BY COUNTY
COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non-disposal facilities listed in Exhibit A, and any landfill or non-disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non-disposal facility operators with the County Recycling and Waste Reduction Division.

COUNTY shall require each landfill and non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators.
/ /

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DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 53 Agenda Item # 3.

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 3 of 14 ends

3. ROLE OF CITIES
CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions.

4. COLLECTION AND USE OF FEE
Each ton of waste will be subject to the fee if it is landfilled or incinerated in the County; received at any non-disposal facility or collection facility in the County and subsequently transported for disposal or incineration outside the County; collected from any location within the County by a solid waste hauler operating under franchise, contract, license, or permit issued by a local jurisdiction and subsequently transported for disposal or incineration outside the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. Best efforts will be made to prevent tonnage from being assessed a double fee (for instance, once at a non-disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the CITIES’ costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall be applied to fund the costs of CITIES’ share of Countywide Household Hazardous Waste services; any HHW fees directly disbursed to CITIES as provided in this Agreement shall be used to fund the costs of preparing, adopting, and implementing the jurisdiction’s HHW element of the Countywide integrated waste management plan, including providing HHW services to residents.

5. INSURANCE
Each party shall maintain its own insurance coverage, through third party insurance, selfinsurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request.

6. INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement and as described in Exhibit D.

Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES.

COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and

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DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 54 Agenda Item # 3.

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 4 of 14 ends

employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY’s sole negligence in the collection or distribution of said Fees.

7. DISTRIBUTION OF FEE
COUNTY shall distribute the AB939 Program Fee to CITIES and the HHW Program Fee to the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non-disposal facility payments and disposal documentation required for calculation of Fee distribution amounts. Distributions shall begin December 15, 2021, and continue quarterly through October 15, 2024.

8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM
CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM.

9. LATE PAYMENTS
If Fee payments and disposal documentation are not received from landfill or nondisposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of monies received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C.

10. ACCOUNTING
COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non-disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non-disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs.

11. REQUEST FOR REVIEW
In the event CITIES have a dispute regarding the calculation of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10 days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing.

12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.

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DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 55 Agenda Item # 3.

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 5 of 14 ends

13. AMENDMENT
This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY.

14. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.

15. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2021 to June 30, 2024, or until all funds from the last quarter’s Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non-disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2021. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2024.

16. NOTICES
All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section.

City of
Contact:

Title:

Address:

County of Santa Clara
Contact: Recycling and Waste Reduction Program Manager
Recycling and Waste Reduction Division
Address: 1555 Berger Drive, Suite 300
San Jose, CA 95112

17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
/ /

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DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 56 Agenda Item # 3.

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 6 of 14 ends

18. ENTIRE AGREEMENT
This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees.

19. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

20. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.
/ /
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--29
DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 57 Agenda Item # 3.

DocuSign Envelope ID: EEC33BC7-ECFF-4CC3-82FF-8E43F60A5861 IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:

Date: JUN O 8 2021
Date: _____ _
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:

Clerk of the
APPROVED AS TO FORM AND LEGALITY:

Q�:s�t
Sl 7A02E5A12C1448L
t,�HAN!t, �AtUI
Deputy County Counsel
Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

COUNTY OF
,
SA�
T
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A rRA
JIM$�
MIKE WASSERMAN, President
Board of Supervisors
"CITY"
CITYff'OWN OF _____ _
Title ------------
A municipal corporation

Page 7 ends

DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 58 Agenda Item # 3.

--------- 8 of 29
DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 59 Agenda Item # 3.

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 7 of 14 ends

IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:

Date: COUNTY OF SANTA CLARA
MIKE WASSERMAN, President
Board of Supervisors
Date: “CITY”

CITY/TOWN OF
Title
A municipal corporation
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:

MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:

STEPHANIE SAFDI
Deputy County Counsel

&XSHUWLQR
&LW\0DQDJHU

CITY/TOWN OF &XSHUW

--------- 9 of 29
DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 60 Agenda Item # 3.

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 7 of 14 ends

IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:

Date: COUNTY OF SANTA CLARA
MIKE WASSERMAN, President
Board of Supervisors
Date: “CITY”

CITY/TOWN OF
Title
A municipal corporation
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:

MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:

STEPHANIE SAFDI
Deputy County Counsel
Gilroy
City Administrator

--------- 10 of 29
DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 61 Agenda Item # 3.

--------- 11 of 29
DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 62 Agenda Item # 3.

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 7 of 14 ends

IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:

Date: COUNTY OF SANTA CLARA
MIKE WASSERMAN, President
Board of Supervisors
Date: “CITY”

CITY/TOWN OF
Title
A municipal corporation
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:

MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:

STEPHANIE SAFDI
Deputy County Counsel

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--------- 12 of 29
DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 63 Agenda Item # 3.

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 7 of 14 ends

IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:

Date: COUNTY OF SANTA CLARA
MIKE WASSERMAN, President
Board of Supervisors
Date: “CITY”

CITY/TOWN OF
Title
A municipal corporation
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:

MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:

STEPHANIE SAFDI
Deputy County Counsel
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--------- 13 of 29
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Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 7 of 14 ends

IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:

Date: COUNTY OF SANTA CLARA
MIKE WASSERMAN, President
Board of Supervisors
Date: “CITY”

CITY/TOWN OF
Title
A municipal corporation
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:

MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:

STEPHANIE SAFDI
Deputy County Counsel

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--------- 14 of 29
DocuSign Envelope ID: A03C71BC-0651-481F-8F89-307B3177F5B6 65 Agenda Item # 3.

--------- 15 of 29
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Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 7 ends

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------------ 17 of 29
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Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

Page 7 of 14 ends

IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:

Date: COUNTY OF SANTA CLARA
MIKE WASSERMAN, President
Board of Supervisors
Date: “CITY”

CITY/TOWN OF
Title
A municipal corporation
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:

MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:

STEPHANIE SAFDI
Deputy County Counsel

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--------- 18 of 29
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Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

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IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below:

Date: COUNTY OF SANTA CLARA
MIKE WASSERMAN, President
Board of Supervisors
Date: “CITY”

CITY/TOWN OF
Title
A municipal corporation
Signed and certified that a copy of this
document has been delivered by electronic
or other means to the President, Board of
Supervisors
ATTEST:

MEGAN DOYLE
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:

STEPHANIE SAFDI
Deputy County Counsel
City Manager

SANTA CLARA

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6DQWD&ODUD&LW\$WWRUQH\
V2IILFH
Manuel
Pineda
Digitally signed by Manuel
Pineda
Date: 2021.06.02
17:29:55 -07'00'
Digitally signed by Caio
Arellano
Date: 2021.06.02
09:40:10 -07'00'
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EXHIBIT A

LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Zanker Materials Processing Facility
Zanker Road Landfill

NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN

SANTA CLARA COUNTY
California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility
Environmental Resource Recovery, Inc. (Valley Recycling) Green Earth Management LLC Kings Row Recycling Facility Green Waste Materials Facility and Transfer Station
Green Waste Recovery Facility
GreenTeam of San Jose Material Recovery Facility and Transfer Station Guadalupe Landfill
Lam Hauling Inc. Chipping and Grinding
Lam Hauling Inc. Inert Debris Type A
Leo Recycle
Material Recovery Systems Facility
Mission Trail Waste Systems, Inc.

Newby Island Compost Facility
Pacheco Pass Transfer Station
Pacific Coast Recycling, Inc.

Premier Recycle Facility
Recology Silicon Valley Processing and Transfer Facility The Recyclery at Newby Island
San Martin Transfer Station
Smurfit-Stone Recycling San Jose Facility
South Valley Organics
Stanford Recycling Center and Direct Transfer Facility
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Valley Recycling San Jose CDI Processing/Transfer Facility Wood Processing Facility at Recology Pacheco Pass
Z-Best Composting Facility
Zanker Materials Processing Facility
Zanker Road Class III Landfill
Zero Waste Energy Development Company Anaerobic Digestion Facility

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EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each of the CITIES, and the COUNTY for its unincoporated area, will receive $1.50 per ton of solid waste disposed of in landfills or taken to non-disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System.

Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction’s percent of countywide population, according to the latest available population report issued by the California Department of Finance.

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EXHIBIT C

COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)

1. PROGRAM FUNDING SOURCE
HHW Program services are mandated by State law, Public Resources Code Section 41500 et seq. Public Resources Code Section 41901 authorizes imposition of a fee to support planning and implementation of integrated waste management programs, including their HHW elements. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services.

Funds derived from the HHW Fee will be allocated among five types of CoHHW Program service costs as follows:

A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
B. San Jose Facility Use Surcharge will be apportioned based on CITIES’ anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose.

C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, “Population Estimates for California Cities and Counties.”
D. Available Discretionary Funding is allocated based on tonnage generated per participating jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility Use Surcharge, and Variable Cost Per Car allocation.

E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section 41904.
/ /
/ /

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2. FIXED PROGRAM COST
Funds shall be allocated on a per household basis for Fixed Program Costs at the conclusion of each Fiscal Year. This portion of the funds shall be distributed directly to the Countywide HHW Program to pay for HHW Program costs. Fixed Program Costs funding shall be calculated shall not exceed $3.75 per household in Fiscal Years 2022, 2023, and 2024. Fixed Program Costs may include, but are not limited to eleven (11) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit changes.

3. ABANDONED WASTE DISPOSAL COST
The Abandoned Waste Disposal Cost will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations. The Abandoned Waste Disposal Cost is based on the cost to the County to dispose of abandoned waste allocated among participating jurisdictions based on their proportional share of the County population and shall not exceed $0.05 per household. Projected Abandoned Waste Disposal Costs to the CITY based on a charge of $.05 per household are set forth in Attachment A, attached hereto and incorporated herein.

Any existing unexpended non-profit abandoned waste fund balance may be allocated toward funding of disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904.

For the purposes of this agreement, a nonprofit charitable reuse organization has the definition provided in Public Resources Code Section 41904 as follows: “Nonprofit charitable reuser” means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials.

4. SAN JOSE FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San José. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.29 per car for Fiscal Years 2022, 2023, and 2024. The total San Jose Facility Use Surcharge for CITY will be based on CITY’s participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose.

5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $58.20 per car for

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Implementation Fee FYs 2022 - 2024

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Fiscal Years 2022, 2023, and 2024. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and San Jose Facility Use Surcharge are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction where the level of 4% is not reached the following year.

6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of Fixed Program Cost, San Jose Facility Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as retail collection of certain waste and/or door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITIES authorize the COUNTY to determine appropriate uses of available discretionary funding and to use CITIES’ Available Discretionary Funding portion of the AB939 HHW Fee to provide for additional HHW services requested by the CITIES.

7. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all jurisdictions in the County. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. If CITIES elect to participate in the Countywide HHW Program, their pro-rata share of the HHW Fee shall be retained by the County to utilize for HHW Program costs, as provided in this Agreement and the Agreement for Countywide Household Hazardous Waste Collection Program. The COUNTY will distribute to CITIES not participating in the Countywide Household Hazardous Waste Collection Program their pro-rata share of funding received by the COUNTY from the HHW Fee, except that the COUNTY may retain and expend that portion of the non-participating CITIES’ fee attributable to Abandoned Waste Disposal Costs.

If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to allow residents to participate in HHW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES.

A CITIES’ representative must call the Countywide HHW Program appointment line to schedule an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this Agreement.

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EXHIBIT D
SECTION 28 OF AGENCY AGREEMENT

FOR COUNTYWIDE HOUSEHOLD HAZARDOUS

WASTE COLLECTION PROGRAM

HOLD HARMLESS AND INDEMNIFICATION
In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement.

Additionally, CITY shall indemnify COUNTY for CITY’s apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction’s pro rata proportion of household participation in the Program.

CITY shall further indemnify COUNTY for CITY’s apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non-county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.

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COUNTY shall require Conditionally Exempt Small Quantity Generators (“CESQG”) and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.
2378874

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Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: April 26, 2022
Subject City Council Strategic Priorities
Prepared by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution No. 2022-xx
Initiated by:

City Council
Previous Council Consideration:

April 12, 2022
Fiscal Impact:

Unknown at this time
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to adopt the Resolution affirming the City Council Strategic Goals? Summary:
 On April 12, 2022, the City Council reviewed its 5-Year Strategic Goals and made modifications, eliminating one goal section, while adding two more.  The City Council has indicated nine-goal sections: Housing, Land Use, Fiscal Sustainability, Community Safety, Asset Management, Environmental Sustainability, Community Engagement, Staffing, Business Communities.

Staff Recommendation:

Adopt a Resolution affirming the City Council 5-Year Strategic Goals 81 Agenda Item # 4.

Subject: City Council Strategic Priorities
April 26, 2022 Page 2
Purpose
To adopt a Resolution affirming the City Council 5-Year Strategic Goals Background
On February 23, 2021, the City Council adopted Resolution No. 2021-09 setting the City Council 5-Year Strategic Goals. The five-year priorities were broken into eight goals: Housing, Land Use, Fiscal Sustainability, Community Safety, Asset Management, Environmental Sustainability, Community Engagement, and Transitioning Through Change.

Discussion/Analysis
At its meeting on April 12, 2022, the City Council reviewed the 5-Year Strategic Goals. During the discussion, the Council determined that the “Transitioning Through Change” as a goal should be removed. The Council directed that two other goals be added: Staffing and Business Communities. The nine goals to be affirmed by Council are:

1. Housing: The City of Los Altos will support the creation of housing that is safe, diverse, and affordable for all income levels to meet the needs of the Community and will advocate for State legislation and funding that support this goal.

2. Land Use: The City of Los Altos will implement policies that support a land use mix and density that reflect the values of the Community, which includes seeking to increase and protect its green space, while ensuring compliance with any applicable laws and regulations.

3. Fiscal Sustainability: The City of Los Altos will continue to be financial stewards of its resources and assets in order to provide fiscally sustainable government services that address the needs of the Community. This goal will be achieved by practicing sound, responsible, and transparent financial management principles and practices that are adaptable and flexible to meet the City’s financial needs in an ever-changing world.

4. Community Safety: The City of Los Altos will continue to provide the high-quality public safety services that the Community values. This will be achieved by continuing to implement plans and strategies for improving public safety, transportation safety, and emergency preparedness services in a responsive, equitable, and professional manner.

5. Asset Management: The City of Los Altos will set clear expectations and allocate the necessary funding to support the maintenance and improvement of City facilities and infrastructure that are necessary to preserve the quality of services and well-being of residents.
82 Agenda Item # 4.

Subject: City Council Strategic Priorities
April 26, 2022 Page 3

6. Environmental Sustainability: The City of Los Altos will be a leader in environmental sustainability through education, and adopting and embracing policies, initiatives, and practices that advance this effort.

7. Community Engagement: The City of Los Altos will continue to improve its community engagement process to ensure residents are heard, informed, and engaged. Completion of this priority will ensure that community engagement remains a foundation of how the City meets its responsibilities to the community on an ongoing basis.

8. Staffing: The City of Los Altos will provide a work culture and environment, including competitive compensation and benefits, that support recruitment and retention of exceptional employees to provide City services.

9. Business Communities: The City of Los Altos will support the different business communities in an effort to help them thrive, including implementing specific projects and/or elements of the Downtown Vision Plan and launching initiatives to bolster the other business communities.

Recommendation
Staff recommends adopting the Resolution affirming the City Council 5-Year Strategic Goals. 83 Agenda Item # 4.

Resolution No. 2022-XX Page 1
ATTACHMENT 1
RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AFFIRMING THE CITY COUNCIL’S 5-YEAR STRATEGIC GOALS
WHEREAS, the Mission of the City of Los Altos is “to foster and maintain the City of Los Altos as a great place to live and to raise a family;” and WHEREAS, the City Council is committed to providing essential services to the community; and
WHEREAS, on February 23, 2021, the City Council adopted 5-Year Strategic Goals goals to help maintain Los Altos as the great place it is; and WHEREAS, on April 12, 2022, the City Council reviewed its 5-Year Strategic Goals.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby affirms the following as its 5-Year Strategic Goals:

2. Land Use: The City of Los Altos will implement policies that support a land use mix and density that reflect the values of the Community, which includes seeking to increase and protect its green space while ensuring compliance with any applicable laws and regulations.

4. Community Safety: The City of Los Altos will continue to provide the highquality public safety services that the Community values. This will be achieved by continuing to implement plans and strategies for improving public safety, transportation safety, and emergency preparedness services in a responsive, equitable, and professional manner.

7. Community Engagement: The City of Los Altos will continue to improve its community engagement process to ensure residents are heard, informed, and 84 Agenda Item # 4.

Resolution No. 2022-XX Page 2
ATTACHMENT 1
engaged. Completion of this priority will ensure that community engagement remains a foundation of how the City meets its responsibilities to the community on an ongoing basis.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Andrea Chelemengos, MMC, CITY CLERK
85 Agenda Item # 4.

From: Pat Marriot
To: Public Comment
Subject: PUBLIC COMMENT ITEM 4 APRIL 26, 2022
Date: Thursday, April 21, 2022 1:35:43 PM
Council Members:

I’m looking at two reports on priorities/goals/objectives:

Meeting Date: April 26, 2022
Subject: City Council 2022 Strategic Priorities: Review the City’s 5-Year Strategic Goals and provide
modifications as needed
Attachment(s): Agenda Report dated February 23, 2021: City Council 2021 Strategic Priorities “On February 23, 2021, the City Council adopted Resolution No. 2021-09 setting the City Council 5-Year Strategic Goals. The five-year priorities were broken into eight goals: Housing, Land Use, Fiscal Sustainability, Community Safety, Asset Management, Environmental Sustainability, Community Engagement, and Transitioning Through Change.” RESOLUTION NO. 2021-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AFFIRMING THE CITY COUNCIL’S 5-YEAR STRATEGIC GOALS
Meeting Date: February 23, 2021
Subject: City Council 2021 Strategic Priorities
RESOLUTION NO. 2021-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS SETTING THE CITY COUNCIL 5-YEAR STRATEGIC GOALS FOR 2021 … It is expected that the Council will thoroughly review the draft language and adopt final goals and objectives that reflect their priorities for Los Altos.

I can’t help wondering if you know what you’re voting for.

There are no priorities. A list of priorities indicates relative importance. You’ve got a list of eight all-encompassing items that pretty much cover everything city governments are responsible for.

If everything is a priority, nothing is a priority.

How do you budget to priorities if there are no priorities? An effective organization focuses staff and funds on projects that will ensure its success. How can our city manager allocate resources if Council has not set priorities?
How can commissioners provide meaningful proposals if they don’t know the city’s priorities? Our commissions work at master plans (climate action, complete streets, age-friendly city), which Council approves in theory, but may never be realized because they are not resourced.

Nothing is measurable. As in previous years, wiggle-words like “collaborate,” “analyze,” “report,” “explore,” “monitor” are used to define objectives. How will you know when the “exploration” is complete? What work product will you see? When will you see it? There’s no built-in accountability. At the January 2017 priority-setting retreat, Jan Pepper said, 86 Agenda Item # 4.
“I want to understand what we’re going to do regarding schedules. In the past, nothing got done. Folks want to know we’re monitoring things. How do we measure?” That question has never been answered. We need schedules of measurable tasks and realistic due dates (not “spring” or “2024”) that Council reviews every month or quarter. I think our new city manager could provide such schedules if Council would give him clear priorities based on clear policies.

The priority-setting process changes every year, but always turns out to be a disheartening waste of time. With a new city manager, you have a chance to define a viable model – but NOT if you sign this resolution. You spent five hours on 5G nodes. Surely you can devote at least that amount of time to nail down a set of essential priorities for our city.

Thank you,
Pat Marriott
87 Agenda Item # 4.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: April 26, 2022
Subject 705 Vista Grande Avenue Two-Lot Subdivision: Consider adoption of a resolution approving an application for a tentative parcel map to subdivide a 26,708 square foot parcel at 705 Vista Grande Avenue into two lots. The proposed subdivision would create a 12,166 square-foot corner lot, a 10,120 square-foot interior lot, and dedication of the street frontage for the public right-of-way along Springer Road. A categorical exemption pursuant to Section 15315 (Class 15), Minor Land Divisions of the California Environmental Quality Act (CEQA) guidelines will be considered. On March 3, 2022, the Planning Commission reviewed the proposed project during a public hearing and recommended City Council approval. (S. Golden) Prepared by: Steve Golden, Interim Planning Services Manager Reviewed by: Laura Simpson, Interim Community Development Director Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution 2022-XX

2. Planning Commission Meeting Minutes, March 3, 2022

3. Planning Commission Agenda Report, March 3, 2022

4. Tentative Parcel Map (corrected lot area for Lot A)
Initiated by:

Navneet Aron, Applicant
Sandesh and Shikha Tawari, Property Owner
Previous Council Consideration:

None
Fiscal Impact:

There is no negative fiscal impact to the City for this project. Payment of Traffic Impact and Park In-lieu Fees will be required to be paid per Municipal Code requirements.

Environmental Review:

Subject: 705 Vista Grande Avenue Two-lot Subdivision
April 26, 2022 Page 2
property into four or fewer parcels that are in conformance with the City’s General Plan and Zoning Ordinance, does not require any variances or exceptions, and all required services and access to the proposed parcels, in compliance with local standards, are available; and none of the circumstances described in CEQA Guidelines Section 15300.2 applies.

Policy Question(s) for Council Consideration:
 Does the request for tentative map approval to subdivide the parcel into two lots satisfy the subdivision findings per the Municipal Code?
Summary:
 The existing 26,708 square foot corner lot is proposed to be subdivided into two lots, a 10,120 square-foot interior lot and a 12,166 square-foot corner lot.  The proposed lots meet the development standards per the R1-10 zoning district Staff Recommendation:

Approve application (TM21-0002) approving a tentative parcel map to subdivide the property into two lots subject to the findings and conditions contained in the draft resolution (Attachment 1). 89 Agenda Item # 6.

Subject: 705 Vista Grande Avenue Two-lot Subdivision
April 26, 2022 Page 3
Purpose
To review and consider a request for a tentative parcel map to allow for the subdivision of a parcel into two lots.

Background
The subject property is located on the corner of Vista Grande Avenue and Springer Road. The subject parcel is the result of a lot line adjustment recorded in 2008 that reapportioned a 1,765 square foot area between it and the abutting property at 715 Vista Grande Avenue. The former parcel was originally created as part of the Montebello Acres Subdivision recorded in May 1928, and the existing house on the property was constructed in 1951.

On March 3, 2022, the Planning Commission held a public hearing to consider the proposed tentative parcel map to create two-lots. The Commission voted unanimously to recommend approval of the subdivision. The Planning Commission meeting minutes and agenda report are included as Attachments 2 and 3.

As indicated in Figure LU-1 (General Plan Land Use Policy Map) and Table LU-1 in the Land Use Element, the site is designated as a Single-Family, Medium Lot land use, which allows for a density of up to four dwelling units per net acre. The Applicant requests a subdivision to create two, single-family lots, which fall within that allowed density range.

In addition to the Land Use Element, the Housing Element and Infrastructure and Waste Disposal Element have specific policies that pertain to residential subdivisions:
 The City shall ensure that the development permitted in the creation of land divisions results in an orderly and compatible development pattern, within the subdivision and in relation to its surroundings; provides for quality site planning and design; and provides for quality structural design. (Housing Element, Policy 1.5);  Review development proposals to determine whether adequate water pressure exists for existing and new development. (Infrastructure and Waste Disposal Element, Policy 1.3); and
 Review development proposals to ensure that if a project is approved, adequate sewage collection and treatment capacity is available to support such proposals. (Infrastructure and Waste Disposal Element, Policy 2.2).
90 Agenda Item # 6.

Subject: 705 Vista Grande Avenue Two-lot Subdivision
April 26, 2022 Page 4
The proposed subdivision is seeking to create two lots, an interior lot and a corner lot, that will front on Springer Road. The proposed lots meet the minimum lot size requirements and all applicable site development standards such as width, depth and frontage for the R1-10 Zoning District as shown in the table included in the attached Planning Commission Agenda Report (Attachment 3)1. For the corner lot (Lot B), Vista Grade Avenue will be considered an exterior side property line in conformance with the Zoning Ordinance since Springer Road is the narrower width and the lot would not meet the 100-foot minimum depth requirement of the R1-10 Zoning District if Vista Grande Avenue was considered the front. The residential properties on the east side of Springer Road follow similar rectangular lot patterns and range in size from 10,000 to 17,500 square feet. The lots on the west side of Springer Road are more diverse in shape and size.

The northern lot line of Lot A is the city boundary; therefore, the parcels to the north of the subject site are in the City of Mountain View and most parcels are smaller in size with an average lot size of approximately 5,300 square feet. Therefore, the project complies with all applicable R1-10 District site development standards and conforms to the Housing Element policy related to subdivisions maintaining an orderly and compatible development pattern.

The Santa Clara County Fire Department and California Water Service Company, the City’s water provider, have confirmed that adequate water pressure exists in this area to serve the subdivision.

The Engineering has confirmed that adequate sewage collection and treatment capacity is available to support the subdivision. Therefore, the project conforms to the Infrastructure and Waste Disposal policies related to new development.

As stated above, the subdivision conforms to the City’s General Plan. The property is designated with a Single-Family, Medium Lot land use designation on the General Plan Land Use Policy Map and is consistent with Housing Element policies as well as other General Plan policies as discussed above.

Additionally, findings can be made that the site is physically suitable for the type of development and the proposed density of development. The site is suitable for the type of development because the R1-10 Zoning District allows for single-family residential development and the proposed lots will be in conformance with the site development standards of the district. The land use designation allows for a density of up to four dwelling units per net acre. The proposed two-lot subdivision is within that allowed density range.

1 The table incorrectly referenced the lot area for Lot A. The corrected lot area should be 10,120 square feet. The corrected Tentative Parcel Map is included as Attachment 4. 91 Agenda Item # 6.

Subject: 705 Vista Grande Avenue Two-lot Subdivision
April 26, 2022 Page 5
The proposed subdivision and the proposed improvements should not cause substantial environmental damage, substantially injure fish or wildlife, or cause serious public health problems. There are not any significant negative environmental or public health impacts associated with the subdivision and it is categorically exempt from further environmental review under Section 15315 of the California Environmental Quality Act (CEQA) Guidelines because it is considered a minor land division of four lots or less. Although the plans show a number of trees to be removed, removal of any trees protected by the Tree Protection Regulations (Chapter 11.08), are not approved at this time, will be required to be preserved, and will be evaluated during the Design Review Permit(s) for any new residences or as part of a Tree Removal Permit application process. Other than that, the site is generally flat with minimal slope and located within a suburban context with access to existing services, including sewer, water, electricity, and public street circulation system. It is served by the Los Altos Police Department and Santa Clara County Fire Department.

Finally, the subdivision cannot conflict with any access easements. There are not any known existing access easements encumbering this property; therefore, the proposed subdivision will not conflict with any known access easements.

Options
1) Approve the tentative parcel map subject to the findings and conditions in the draft resolution (Attachment 1).

Advantages: Creates two lots that are compatible with the surrounding neighborhood.

Since the project involves a residential subdivision to construct two or more housing units, the project is subject to the Housing Accountability Act.

Disadvantages: None identified.
2) Deny the tentative parcel map to allow the subdivision into two residential lots.

Advantages: The existing lot and residence would remain unchanged.

Disadvantages: Denial of the project (or any condition of approval that would have the effect of reducing density) must be supported by findings that the project would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the adverse impact pursuant to the Housing Accountability Act. Staff is 92 Agenda Item # 6.

Subject: 705 Vista Grande Avenue Two-lot Subdivision
April 26, 2022 Page 6
unaware of any circumstance that would support the findings required for denial under the Housing Accountability Act.

Recommendation
The staff recommends Option 1.
93 Agenda Item # 6.

Steve Golden, Interim Planning Services
Manager
705 Vista
Grande Ave
Two-Lot
Subdivision
(TM21-0002)
94 Agenda Item # 6.

Project Location
95 Agenda Item # 6.

Proposed Subdivision

PROPOSED REQUIRED
LOT A:

Area
Width
Depth
10,120sf

80.0 feet
126.5 feet
10,000 sf
80 feet
100 feet
LOT B:

Area
Width
Depth
12,166SF

91.6 feet
133.5 feet
11,000sf
90 feet
100 feet
96 Agenda Item # 6.

Planning Commission Recommendation
On March 3, 2022, the Planning Commission held a public hearing to consider the proposed tentative parcel map to create two-lots. The Commission voted unanimously to recommend approval of the subdivision.
97 Agenda Item # 6.

Staff Recommendation
Recommend City Council approval of Application TM21-0002 approving a tentative parcel map to subdivide the parcel into two lots subject to the findings and conditions in the resolution and consistent with the California Housing Accountability Act.
98 Agenda Item # 6.

ATTACHMENT 1
Resolution No. 2022-XX Page 1
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS

MAKING FINDINGS, ADOPTING AN EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING THE

SUBDIVISION APPLICATION FOR A TWO-LOT TENTATIVE PARCEL MAP AT 705 VISTA GRANDE AVENUE
WHEREAS, the City of Los Altos received a subdivision application that includes a tentative map from Navneet Aron for a two-lot subdivision, application number TM21-0002, referred herein as the “Project”; and
WHEREAS, the Project is categorically exempt from environmental review as a minor land division because it involves the creation of four or fewer new parcels in accordance with Section 15315 of the California Environmental Quality Act of 1970 as amended (“CEQA”); and WHEREAS, the Project was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, on February 16, 2022, the City gave public notice of the Planning Commission’s public hearing on the proposed Project by advertisement in a newspaper of general circulation and to all property owners within a 1,000-foot radius and a public meeting notice was posted on the property; and
WHEREAS, on March 3, 2022, the Planning Commission conducted a duly-noticed public hearing at which members of the public were afforded an opportunity to comment upon the Project, and at the conclusion of the hearing, the Planning Commission recommended City Council approve the Project; and
WHEREAS, on April 13, 2022, the City gave public notice of the City Council’s public hearing on the proposed Project by advertisement in a newspaper of general circulation and to all property owners within a 1,000-foot radius and a meeting notice was posted on the property; and
WHEREAS, on April 26, 2022, the City Council held a duly noticed public meeting as prescribed by law and considered public testimony and evidence and recommendations presented by staff related to the Project; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the City of Los Altos have been satisfied or complied with by the City in connection with the Project; and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Resolution; and 99 Agenda Item # 6.

ATTACHMENT 1
Resolution No. 2022-XX Page 2
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby ____________ the Project subject to the Findings (Exhibit A) and the Conditions of Approval (Exhibit B) attached hereto and incorporated by this reference.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the _________ day of _____________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Andrea M. Chelemengos, MMC, CITY CLERK
100
Agenda Item # 6.

ATTACHMENT 1
Resolution No. 2022-XX Page 3

EXHIBIT A

FINDINGS

1. ENVIRONMENTAL REVIEW FINDINGS. With regard to environmental review, in accordance with the California Environmental Quality Act Guidelines, based on the whole record before it, including, without limitation, the analysis and conclusions set forth in the staff reports, testimony provided at the proposed Project’s public hearings, the City Council finds and determines that the project is Categorically Exempt from further environmental review per Section 15315, Minor Land Division because the project consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent and none of the exceptions listed under CEQA Guidelines Section 15300.2 applies.

2. SUBDIVISION FINDINGS. With regard to Subdivision Application Number TM21- 0002, the City Council finds the following in accordance with Chapter 4, Article 1, Section 66474 of the Subdivision Map Act of the State of California:

A. The proposed subdivision is not consistent with applicable general and specific plans as specified in 65451.

This Finding cannot be made. The proposed subdivision is consistent with the Los Altos General Plan, including the Land Use Element, which designates the parcel as Single-Family, Medium Lot and allows for a density of up to four dwelling units per net acre. Specific applicable policies of the General Plan for subdividing parcels include Housing Element Policy 1.5 and the Infrastructure and Waste Disposal Element Policies 1.3 and 2.2. The subdivision is not within an area adopted as specific plan area.

B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

C. That the site is not physically suitable for the type of development.

This Finding cannot be made. The site is physically suitable for this type of development because it is in conformance with the Single-Family, Medium Lot land use designations of the General Plan, and complies with all applicable R1-10 Zoning District site development standards and is surrounded by similar types of uses in an urbanized area of the city; D. That the site is not physically suitable for the proposed density of development. 101
Agenda Item # 6.

ATTACHMENT 1
Resolution No. 2022-XX Page 4
This Finding cannot be made. The site is physically suitable for this type of development because it is in conformance with the Single-Family, Medium Lot land use designations of the General Plan, and complies with all applicable R1-10 Zoning District site development standards and is surrounded by similar types of uses in an urbanized area of the city; E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

This Finding cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the site is located within a developed urban context and is not in or adjacent to any sensitive habitat areas; F. That the design of the subdivision or type of improvements is likely to cause serious public health problems.

This Finding cannot be made. The design of the subdivision will not cause serious public health problems because the site is located within an urban context and has access to urban services including sewer and water.

G. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

This Finding cannot be made. The design of the subdivision will not conflict with access easements because there are no known existing access easements encumbering this property. 102
Agenda Item # 6.

ATTACHMENT 1
Resolution No. 2022-XX Page 5

EXHIBIT B

CONDITIONS

GENERAL

1. Approved Plans
Project approval is based upon the tentative map submitted on December 22, 2022, except as may be modified by these conditions.

2. Public Utilities
The property owner shall be responsible for contacting all public utilities including but not limited to electric, gas, communication and water utilities regarding the installation of new utility services to the site and ensuring all required utility connections are provided.

3. Protected Trees
All existing trees on the site subject to Tree Protection Regulations (Chapter 11.08) of the Municipal Code shall not be removed unless approved by the City during any subsequent development review or tree removal permit application.

4. Encroachment Permit
An encroachment permit, and/or an excavation permit shall be obtained prior to any work done within the public right-of-way and it shall be in accordance with plans to be approved by the City Engineer.

5. Stormwater Management Plan
The project shall comply with the City of Los Altos Municipal Regional Stormwater (MRP) NPDES Permit No. CA S612008, Order No. R2-2015-0049 dated November 19, 2015.

6. Americans with Disabilities Act
All improvements shall comply with Americans with Disabilities Act (ADA) and all regulations and design guidelines adopted pursuant to the ADA or any other state or federal disability access law. The latest edition of Caltrans ADA requirements shall apply to all improvements in the public right-of-way.

7. Sewer Lateral
Any proposed sewer lateral connection shall be approved by the City Engineer. Only one sewer lateral per lot shall be installed. All existing unused sewer laterals shall be abandoned according to the City Standards, cut and cap 12” away from the main.

8. Transportation Permit
A Transportation Permit, per the requirements specified in California Vehicle Code Division 15, is required before any large equipment, materials or soil is transported or hauled to or from the construction site. Applicant shall pay the applicable fees before the transportation permit can be issued by the Traffic Engineer.

9. Pollution Prevention
The improvement plans shall include the “Blueprint for a Clean Bay” plan sheet in all plan submittals.

10. Civil Engineering Drawings
The property owner shall submit civil engineering drawings that show property lines with bearing and easements.
103
Agenda Item # 6.

ATTACHMENT 1
Resolution No. 2022-XX Page 6

11. Indemnity and Hold Harmless
The applicant/owner agrees to indemnify, defend, protect, and hold the City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any judicial or administrative proceedings, challenging any of the City’s action with respect to the applicant’s project. The City may withhold final maps and/or permits, including temporary or final occupancy permits, for failure to pay all costs and expenses, including attorney's fees, incurred by the City in connection with the City's defense of its actions.

PRIOR TO MAP RECORDATION

12. Demolition
The property owner shall obtain and final a demolition permit from the Building Division to remove all existing structures on the property or relocate the structures to meet all required R1-10 zoning district development standards including but not limited to setbacks, lot coverage, and floor area.

13. Payment of Fees
The property owner shall pay all applicable fees, including but not limited to sanitary sewer impact fees, parkland dedication in-lieu fees, traffic impact fees and map check fee plus deposit as required by the City of Los Altos Municipal Code.

14. Easement Dedication
The property owner shall dedicate public utility easements as required by the utility companies to serve both parcels.

15. Right-of-Way Dedication
The property owner or applicant shall dedicate a 25-foot public right-of-way along Springer Road to the City of Los Altos for use as public right-of-way. In addition, a 25-foot radius of the intersection of Springer Road and Vista Grande Avenue shall be provided.

16. Subdivision Agreement
The property owner shall sign and return Subdivision Improvement Agreement to the city for recordation. The Subdivision Improvement Agreement sets forth the property owner’s obligation to construct public improvements required as part of the project.

17. Storm Water Filtration Systems
The Applicant shall insure the design of all storm water treatment systems and devices are without standing water to avoid mosquito/insect infestation.

18. Utility Plan
The applicant shall submit a utility plan which includes the location of the sanitary sewer laterals for each lot.

19. Rolled Curb
The applicant shall extend City Standard rolled curb at Vista Grande frontage to the intersection of Springer Road and Vista Grande Ave.

20. Public Infrastructure Repairs
The Applicant shall repair any damaged rolled curb and replaced as directed by the City Engineer or his designee.
104
Agenda Item # 6.

ATTACHMENT 1
Resolution No. 2022-XX Page 7

21. Maintenance Bond
A one-year, ten-percent maintenance bond shall be submitted upon acceptance of improvements in the public right-of-way.

22. Cost Estimate and Performance Bonds
The applicant shall submit a cost estimate for the improvements in the public right-of-way and shall submit a 100 percent performance bond or cash deposit (to be held until acceptance of improvements) and a 50 percent labor and material bond (to be held 6 months after acceptance of improvements) for the work in the public right-of-way.

PRIOR TO ISSUANCE OF A BUILDING PERMIT

23. Map Recordation
The applicant shall record the final map. Plats and legal descriptions of the final map shall be submitted for review by the City Land Surveyor. Applicant shall provide a sufficient fee retainer to cover the cost of the map review by the City.

24. Construction Management Plan
The Applicant shall submit a construction management plan for review and approval by the Community Development Director and the City Engineer. The construction management plan shall address any construction activities affecting the public right-of-way, including but not limited to excavation, traffic control, truck routing, pedestrian protection, material storage, earth retention and construction vehicle parking. The plan shall provide specific details with regards to how construction vehicle parking will be managed to minimize impacts on nearby single-family neighborhoods.

25. Storm Water Filtration Systems
The Applicant shall insure the design of all storm water treatment systems and devices are without standing water to avoid mosquito/insect infestation.

26. Grading and Drainage Plan
The Applicant shall submit on-site grading and drainage plans that include (i.e. drain swale, drain inlets, rough pad elevations, building envelopes, drip lines of major trees, elevations at property lines, all trees and screening to be saved) for approval by City Engineer. No grading or building pads are allowed within two-thirds of the drip line of trees unless authorized by a certified arborist and the Planning Department.

27. Stormwater Pollution Prevention
The project shall comply with the Stormwater Pollution Prevention Measures per Chapter

10.16 of the Los Altos Municipal Code.
105
Agenda Item # 6.

Planning Commission
Thursday, March 3, 2022

Page 6 of 8 ends

Consultant Lloyd Zola: Went over the percentage of small cell nodes in preferred locations and showed an exhibit showing the proposed preferred and less preferred locations.

Consulting Attorney Deborah Fox: Noted the lawsuits post adoption and what will happen next. But they would advise the federal court that they do not need to make a determination because the new ordinance replaces the existing. Litigators would likely still move forward with litigation and ask that all previous applications be approved. Other motions in federal court have been pending for several months.

City Attorney Houston clarified some procedural issues and asked if there are any additional questions.

COMMISSION DISCUSSION
Commissioner Steinle recommended to continue because there is a lot of material that was submitted at the last minute.

Action: Upon a motion by Commissioner Steinle, seconded by Commissioner Mensinger, the Commission recommends continuance of the Wireless Communications Ordinance Amendment to the March 17, 2022 Planning Commission Meeting.

The motion was approved (5-0) by the following vote:

AYES: Chair Doran and Vice-Chair Mensinger, Commissioners Marek, Ahi and Steinle NOES: None
ABSENT: Bodner and Roche

3. TM21-0002 – Navneet Aron - 705 Vista Grande Avenue
A request for a tentative parcel map to subdivide a 26,708 square foot parcel at 705 Vista Grande Avenue into two lots. The proposed subdivision would create a 12,166 square-foot corner lot, a 11,120 square-foot interior lot, and dedication of the street frontage along Springer Road. A categorical exemption pursuant to Section 15315 (Class 15), Minor Land Divisions of the California Environmental Quality Act (CEQA) guidelines will be considered. Project Planner: Golden
Staff Presentation
Interim Planning Services Manager Golden presented the staff report recommending to the City Council approval of tentative parcel map application TM21-0002 to subdivide the property into two lots subject to the findings and conditions contained in the draft resolution. He noted late correspondence received.

City Attorney Houston noted that the project is subject to the Subdivision Map Act and Housing Accountability Act.

Commissioner Questions for Staff
Commissioner Steinle asked about the legal findings to approve or deny a project.

City Attorney Houston said there would have to be evidence to deny a project based on findings.

Applicant Presentation
Applicant Navneet Aron with introduced the project.

Property owners Sandesh and Shikha Tawari gave some project background. 106
Agenda Item # 6.

Planning Commission
Thursday, March 3, 2022

Page 7 of 8 ends

Applicant Navneet Aron provided a presentation, went over neighborhood outreach, and landscape screening.

Commissioner Questions for the Applicant
None.

PUBLIC COMMENT
Resident Paul Rotche
• Concerns about privacy;
• Concerned about two-story structures and impacts on the neighborhood; • Concerned about the density of development;
• Concerned about vehicles; and
• Concerned about removal of trees.

City Attorney Houston addressed the Commission noting that the application before them is just a subdivision application.

Resident Steve Aldrich
• Supports the project.

COMMISSION DISCUSSION
Motion to Approve:

Action: Upon motion by Vice-Chair Doran, seconded by Commissioner Mensinger, the Commission recommended approval to the City Council of tentative parcel map application TM21- 0002 to subdivide the property into two lots subject to the findings and conditions contained in the draft resolution.

The motion was approved (6-0) by the following vote:

AYES: Chair Doran and Vice-Chair Mensinger, Commissioners Marek, Ahi, Roche and Steinle NOES: None
ABSENT: Bodner
COMMISSIONERS’ REPORTS AND COMMENTS
None.

POTENTIAL FUTURE AGENDA ITEMS
Interim Planning Services Manager Golden gave an overview of future agenda items.

ADJOURNMENT
Chair Doran adjourned the meeting at 9:38 P.M.

Steve Golden
107
Agenda Item # 6.

PLANNING COMMISSION

AGENDA REPORT
Meeting Date: March 3, 2022
Subject: Two-Lot Subdivision at 705 Vista Grande Avenue (Application TM21-0002) Prepared by: Steve Golden, Interim Planning Services Manager Attachments:

A. Draft Resolution
B. Vicinity and Notification Maps
C. Public Correspondence
D. Tentative Parcel Map
Initiated by: Navneet Aron, Applicant
Sandesh and Shikha Tawari, Property Owner
Recommendation:

Recommend City Council approval of the subdivision application (TM21-0002) approving a tentative parcel map to subdivide the property into two lots subject to the findings and conditions contained in the draft resolution.

Environmental Review:

This project is considered categorically exempt from environmental review under Section 15315 of the California Environmental Quality Act (CEQA) Guidelines because it is a division of property into four or fewer parcels that are in conformance with the City’s General Plan and Zoning Ordinance, does not require any variances or exceptions, and all required services and access to the proposed parcels, in compliance with local standards, are available; and none of the circumstances described in CEQA Guidelines Section 15300.2 applies.

Project Description:

The Applicant requests approval of a tentative parcel map to subdivide a 26,708 square foot lot into two parcels including an interior lot and a corner lot (Attachment D). A portion of the existing lot along Springer Road would be dedicated for the public street right-of-way. Lot A, an interior lot, would be 11,120 square feet in size and Lot B, a corner lot, would be 12,166 square feet in size. The following table summarizes the project:

PUBLIC HEARING
Agenda Item #3
108
Agenda Item # 6.

Subject: Two-Lot Subdivision at 705 Vista Grande Avenue March 3, 2022 Page 2
GENERAL PLAN DESIGNATIONS: Single-Family, Medium Lot (SF-4) ZONING: R1-10 (Single-Family)
LOT SIZE: 26,708 square feet
Background
The subject property is located on the corner of Vista Grande Avenue and Springer Road. The subject parcel is the result of a lot line adjustment recorded in 2008 that reapportioned a 1,765 square foot area between it and the abutting property at 715 Vista Grande Avenue. The former parcel was originally created as part of the Montebello Acres Subdivision recorded in May 1928, and the existing house on the property was constructed in 1951. Prior to recordation of the final parcel map, the existing residence will be required to be demolished, moved, or portions of the structure removed and rebuilt to comply with setbacks and other applicable development standards of the R1-10 zoning district.

Discussion/Analysis
General Plan and Zoning Compliance
The proposed subdivision conforms with all applicable goals, policies and programs in the Los Altos General Plan and complies with all applicable requirements in the City’s Zoning Ordinance. As indicated in Figure LU-1 (General Plan Land Use Policy Map) and Table LU-1 in the Land Use Element, the site is designated as a Single-Family, Medium Lot land use, which allows for a density of up to four dwelling units per net acre. The Applicant requests a subdivision to create two, singlefamily lots, which fall within that allowed density range.

In addition to the Land Use Element, the Housing Element and Infrastructure and Waste Disposal Element have specific policies that pertain to residential subdivisions:
• The City shall ensure that the development permitted in the creation of land divisions results in an orderly and compatible development pattern, within the subdivision and in relation to its surroundings; provides for quality site planning and design; and provides for quality structural design. (Housing Element, Policy 1.5);
• Review development proposals to determine whether adequate water pressure exists for existing and new development. (Infrastructure and Waste Disposal Element, Policy 1.3); and

PROPOSED REQUIRED
LOT A:

Area
Width
Depth
11,120 square feet

80.0 feet
126.5 feet
10,000 square feet
80 feet
100 feet
LOT B:

Area
Width
Depth
12,166 square feet

91.6 feet
133.5 feet
11,000 square feet
90 feet
100 feet
109
Agenda Item # 6.

Subject: Two-Lot Subdivision at 705 Vista Grande Avenue March 3, 2022 Page 3
• Review development proposals to ensure that if a project is approved, adequate sewage collection and treatment capacity is available to support such proposals. (Infrastructure and Waste Disposal Element, Policy 2.2).

The proposed subdivision is seeking to create two lots, an interior lot and a corner lot, that will front on Springer Road. The proposed lots meet the minimum lot size requirements and all applicable site development standards such as width, depth and frontage for the R1-10 Zoning District as shown in the table above. For the corner lot (Lot B), Vista Grade Avenue will be considered an exterior side property line in conformance with the Zoning Ordinance since Springer Road is the narrower width and the lot would not meet the 100-foot minimum depth requirement of the R1-10 Zoning District if Vista Grande Avenue was considered the front. The residential properties on the east side of Springer Road follow similar rectangular lot patterns and range in size from 10,000 to 17,500 square feet. The lots on the west side of Springer Road are more diverse in shape and size. The northern lot line of Lot A is the city boundary; therefore, the parcels to the north of the subject site are in the City of Mountain View and most parcels are smaller in size with an average lot size of approximately 5,300 square feet. Therefore, the project complies with all applicable R1-10 District site development standards and conforms to the Housing Element policy related to subdivisions maintaining an orderly and compatible development pattern.

The Santa Clara County Fire Department and California Water Service Company, the City’s water provider, have confirmed that adequate water pressure exists in this area to serve the subdivision. The Engineering has confirmed that adequate sewage collection and treatment capacity is available to support the subdivision. Therefore, the project conforms to the Infrastructure and Waste Disposal policies related to new development.

Subdivision Findings
The California Subdivision Map Act requires several general findings in order to approve a subdivision. First, the subdivision must be consistent with applicable general and specific plans. As stated above, the subdivision conforms to the City’s General Plan. The property is designated with a Single-Family, Medium Lot land use designation on the General Plan Land Use Policy Map and is consistent with Housing Element policies as well as other General Plan policies as discussed above.

The proposed subdivision and the proposed improvements should not cause substantial environmental damage, substantially injure fish or wildlife, or cause serious public health problems.

There are not any significant negative environmental or public health impacts associated with the subdivision and it is categorically exempt from further environmental review under Section 15315 of the California Environmental Quality Act (CEQA) Guidelines because it is considered a minor land division of four lots or less. Although the plans show a number of trees to be removed, removal of any trees protected by the Tree Protection Regulations (Chapter 11.08), are not approved at this time, will be required to be preserved, and will be evaluated during the Design Review Permit(s) for any 110
Agenda Item # 6.

Subject: Two-Lot Subdivision at 705 Vista Grande Avenue March 3, 2022 Page 4
new residences or as part of a Tree Removal Permit application process. Other than that, the site is generally flat with minimal slope and located within a suburban context with access to existing services, including sewer, water, electricity, and public street circulation system. It is served by the Los Altos Police Department and Santa Clara County Fire Department.

Public Notification and Public Correspondences
A public hearing notice was published in the Town Crier, a public meeting notice was posted on the property and mailed to all property owners within 500 feet of the property (Attachment B). The mailed notices included 95 property owners.

One public correspondence has been submitted prior to the date this report was published (Attachment C). Any additional public correspondences will be forwarded to the Planning Commission for review and published to the agenda website.

Options
The Planning Commission can recommend City Council approval, approval with modifications, or denial of the tentative map application. Because the project involves a residential subdivision to construct two or more housing units, the project is subject to the Housing Accountability Act.

Therefore, any denial of the project (or any condition of approval that would have the effect of reducing density) must be supported by findings that the project would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Staff recommends the Planning Commission recommend approval of the tentative map subject to the findings and conditions in the draft resolution (Attachment A). Staff is unaware of any circumstance that would support the findings required for denial under the Housing Accountability Act.

Once the Planning Commission makes a recommendation, this application will be forwarded to the City Council for their consideration.
111
Agenda Item # 6.

Vicinity Map
Esri, HERE, Garm n, (c) OpenStreetMap contributors, and the GIS user community
Schools
Park and Recreation Areas
City Limit
Road Names
Waterways
Situs Label
TaxParcel
Print Date: February 16, 2022 0 0.03 0.06 0.12 mi
0 0.05 0.1 0.2 km
1:4,514
The information on this map was derived from the City of Los A tos' GIS.

The City of Los Altos does not guarantee data provided is free of errors, omissions, or the positional accuracy, and it should be verif ed. 112 Agenda Item # 6.

Notification Map
Esri, HERE, Garm n, (c) OpenStreetMap contributors, and the GIS user community
Schools
Park and Recreation Areas
City Limit
Road Names
Waterways
Situs Label
TaxParcel
Print Date: February 16, 2022 0 0.03 0.06 0.12 mi
0 0.05 0.1 0.2 km
1:4,514
The information on this map was derived from the City of Los A tos' GIS.

The City of Los Altos does not guarantee data provided is free of errors, omissions, or the positional accuracy, and it should be verif ed. 113 Agenda Item # 6.
114
Agenda Item # 6.
115
Agenda Item # 6.
1 Steve Golden
From: Qiyan Wang >
Sent: Monday, February 28, 2022 1:13 PM
To: Steve Golden
Cc: Ella Li
Subject: Concerns for subdivision construction of 705 Vista Grande Ave To whom it may concern,
I'm Qiyan Wang and the house owner of 714 Vista Grande Ave, Los Altos, CA 94024. I'm writing to express my concerns over subdivision construction of 705 Vista Grande Ave, which is right across the street from my house.

The two two-story structures are squeezed together to the limited area, which is inconsistent with the neighborhood and destroys the uniformity and tranquility of the neighborhood. It creates a higher density in this area, and leads to more vehicles residing in this parcel area causing more noise and pollution.

In addition, the amount of extra construction and time for the two-story structures required to be developed on this parcel, will cause extra disturbance, extra disruption, and greater amount of noise and extra dust.

The factors mentioned above would cause mental stress in my family with young kids.

Thanks,
-Qiyan
116
Agenda Item # 6.
117
Agenda Item # 6.

GENERAL NOTES:

N VISTA GRANDE AVENUE (50' WIDE)
SPRINGER ROAD (VARIES) BASIS OF BEARINGS: SITE BENCHMARK: SHEET INDEX NO. 705 VISTA GRANDE AVENUE

LOS ALTOS, CA

TENTATIVE PARCEL MAP

SITE PLAN
SANTA CLARA COUNTY DATE: SHEET NO. SCALE: DRAWN BY: DESIGNED BY:

RW ENGINEERING, INC.

DATE BY REVISION NO. OF SHEETS
RW
APN: 189-58-070
1 LEGEND TENTATIVE PARCEL MAP 705 VISTA GRADE LOS ALTOS, CA 118
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LEGEND
1 2 DETENTION BASIN ABBREVIATION
22 SWALE
N VISTA GRANDE AVENUE (50' WIDE)

SPRINGER ROAD (VARIES)
705 VISTA GRANDE AVENUE

LOS ALTOS, CA

TENTATIVE PARCEL MAP

PRELIMINARY GRADING &

DRAINAGE PLAN
SANTA CLARA COUNTY DATE: SHEET NO. SCALE: DRAWN BY: DESIGNED BY:

RW ENGINEERING, INC.

DATE BY REVISION NO. OF SHEETS
RW
APN: 189-58-070
2 119
Agenda Item # 6.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: April 26, 2022
Subject: 376 First Street: Consider Adoption of a Resolution Making Findings, Adopting a Categorical Exemption Under The California Environmental Quality Act, and Approving the Design Review, and Subdivision Applications for a Fifteen-Unit Multiple Family Project at 376 First Street (S. Golden) Prepared by: Steve Golden, Interim Planning Services Manager Reviewed by: Laura Simpson, Interim Community Development Dir Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution No. 2022-XX

2. Planning Commission Meeting Minutes, February 17, 2022 (Excerpt)

3. Planning Commission Agenda Report, February 17, 2022

4. Public Correspondence

5. Project Design Plans
Initiated by:

Ismail Jan Unlu, Property Owner and Applicant
Previous Council Consideration:

None
Fiscal Impact:

There is no negative fiscal impact to the City for this project. Payment of Traffic Impact, Park Inlieu Fee and Public Art In-lieu Fee will be required to be paid per Municipal Code requirements.

Environmental Review:

This project is recommended to be categorically exempt from environmental review under Section 15332 (Class 32) of the California Environmental Quality Act (“CEQA”) because it is an in-fill development on a site in an urban setting that is under five-acres in size that is substantially surrounded by urban uses and does not contain significant natural habitat for endangered species (in that the project site is already developed with urban uses). The development proposal is consistent with the General Plan and Zoning Ordinance, as set forth in this staff report does not result in any significant effects related to traffic, noise, air or water quality, and is adequately served by all required utilities and public services, and none of the exceptions stated in CEQA 120
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Guidelines Section 15300.2 to applicability of the exemption are present. More detailed information regarding the Class 32 exemption is contained in Attachment B of the Planning Commission Agenda Report (Attachment 3).

Policy Question(s) for Council Consideration:
 Is the proposal of three income restricted units at the moderate rate level (20% affordable) in exchange for concessions to increase the building height and a reduction in the required landscaping area in the front yard area, and development waivers to extend the building’s elevator beyond the allowable height exception in the zoning ordinance, an encroachment into the horizontal and vertical clear space required for installing mechanical parking lifts, and an encroachment into the front setback area, and a parking requirement alteration consistent with State Law and the City’s Affordable Housing Ordinance?  Does the proposal meet the required findings for design review and subdivision per the Los Altos Municipal Code?
Summary:
 The Project includes the demolition of a one-story 3,600 square-foot commercial building and construction of a new four-story multiple-family building with 15 condominium units, one level of underground parking with 23 parking spaces using mechanical parking lifts, 12 bicycle parking spaces, and a common useable rooftop area. The Applicant will dedicate a one-foot wide public ingress/egress easement to increase the width of the sidewalk and install a public sidewalk along the frontage of First Street that will conform to city standards.
 The Applicant is offering three affordable units at the Moderate income level in exchange for two “off-menu” concessions to allow for increased height and for a reduction in the required 60% soft surfaces (landscaping) in the front yard. The applicant also requests development waivers to extend the building’s elevator height beyond the allowable height exception in the zoning ordinance, an encroachment into the horizontal and vertical clear space required for installing mechanical parking lifts, and an encroachment into the front setback area. A reduction in parking requirements pursuant to State Density Bonus allowances is also requested.
 A tentative parcel map and design review approval is required for the project.  The Complete Streets Commission and the Planning Commission have reviewed the proposal at public meetings and recommend approval of the project.

Staff Recommendation:

Approve tentative parcel map application TM19-0004 and design review permit application D19- 0009 to construct a 15 unit four-story multiple-family residential condominium development project subject to the findings and conditions contained in the draft resolution (Attachment 1). 121
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Purpose
To review and consider a request for a tentative parcel map and design review permit to allow for the construction of a 15 unit four-story multiple-family residential condominium development project.

Background
Site Setting
This is a development proposal that includes Design Review and Subdivision Tentative Map applications for a new 15 unit four-story multiple-family residential building on a 0.20-acre (8,670 square foot) parcel at 376 First Street. The project site is designated as Downtown Commercial in the General Plan and zoned Commercial Downtown/Multiple Family (CD/R3). The existing site, which is located on the southwest side of First Street between Whitney and Lyell Streets, includes a 3,600 square foot one-story commercial building that is used as a restaurant. The remaining portion of the lot is covered with surface parking and minimal landscaping. The current site obtains access to First Street from two driveways abutting the side property lines. An asphalt walkway exists along the entire lot frontage, but doesn’t conform to a standard public sidewalk.

A 15-foot wide parcel owned by the County of Santa Clara abuts the property to the rear and is adjacent to the Foothill Expressway right-of-way.

The Planning Commission Agenda Report contains the project’s technical details and primary site development standards (Attachment 3).

SB330 & Housing Accountability Act
Development project applications submitted after January 1, 2020 are subject to SB-330, the Housing Crisis Act of 2019. The application was submitted on December 18, 2019; therefore, the project is not considered an SB330 project, but it is subject to the Housing Accountability Act, Government Code Section 65589.5 (“HAA”). As such, because the Project complies with applicable objective standards, it cannot be denied, approved at a lower density, or conditioned in a manner that reduces density, unless the City Council makes a finding of a specific, adverse health or safety impact that cannot be lessened or avoided through conditions of approval. Staff is not aware of circumstances that would support such a finding.

Complete Streets Commission
On December 1, 2021, the Complete Streets Commission (CSC) held a public meeting to consider the Project. Pursuant to Section 14.78.090 of the Zoning Code, an application for City Council design review shall be subject to a multimodal transportation review and recommendation to the Planning Commission and City Council by the Complete Streets Commission as part of the approval process in order to assess potential project impacts to various modes of transportation 122
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such as but not limited to bicycle, pedestrian, parking, traffic impacts on public streets, and/or public transportation. The CSC members expressed the following concerns regarding the project:
 The use of mechanical lift systems including backup power requirements and other maintenance activities, and resident acceptance/use of mechanical systems;  Queuing of cars on the street at driveway entrance. Requested 18 feet between the garage door and the face of the curb and a maximum garage door opening time of 15 seconds to reduce vehicle and pedestrian conflicts;
 Visibility at the top and bottom of ramp for on-coming cars and pedestrians at street level;  Not enough bike parking spaces for all residents and the inclusion of electrical power to the Class I parking area; and
 Concern regarding the number of vehicle parking spaces and potential spillover onto First Street and other parking areas (however, commission was made aware of the reduced number of parking spaces required imposed by State Housing Density Bonus regulations).

Following the discussion, the CSC voted 4-3 to recommend approval of the Project to the Planning Commission and City Council. The CSC agenda report is contained in Attachment E of the Planning Commission agenda report (Attachment 3). The Applicant has revised the design plans, adding two additional Class I bicycle parking spaces (12 total spaces) and electrical outlets in the bike storage room for e-bike charging.

Story Pole Installation
Pursuant to the City Council Policy, the Applicant installed story poles per the approved plans as verified by the Applicant’s civil engineer/surveyor on January 24, 2022, as found in the certification letter included in Attachment F of the Planning Commission agenda report (Attachment 3).

Planning Commission
On February 17, 2022, the Planning Commission held a public hearing to consider the proposed project including the tentative parcel map and design review applications. The Commission voted unanimously to recommend approval of the subdivision with conditions to modify the design as follows:
 Provide a horizonal break from the second story finished floor to the roof feature and the same at the stair tower;
 Visually break up the vertical elevator overrun at roof deck; and  Add different exterior materials to soften and break up the vertical massing.

The applicant’s efforts to address these concerns are addressed later in this report. 123
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The Planning Commission meeting minutes and agenda report are included as Attachments 2 and

3. Discussion/Analysis
The Applicant proposes to demolish the existing building and construct a four-story building with 15 for sale residential condominium units, one level of underground parking with 23 parking spaces including electric vehicle charging, 12 bicycle parking spaces with power outlets for electric bicycle charging, and a common useable rooftop area (Project). The existing driveway located at the northern project boundary will provide access to the underground garage. The Project will install a public sidewalk along First Street that will conform to City standards. The Applicant is offering three affordable units at the moderate-income level (20% of base density); therefore, the Project is eligible for up to two development concessions per State Density Bonus Law and Section 14.28.040 of the Multiple Family Affordable Housing Ordinance. The Applicant is requesting “off-menu” concessions to increase the building height and a reduction in the required landscaping area in the front yard area. The Applicant is also requesting development waivers to extend the building’s elevator beyond the allowable height exception in the zoning ordinance, an encroachment into the horizontal and vertical clear space required for installing mechanical parking lifts, and an encroachment into the front setback area. Additionally, the applicant is requesting a reduced number of parking spaces pursuant to the State Density Bonus and Affordable Housing Ordinance.

General Plan Conformance
The proposed Resolution (Attachment 2) and Planning Commission agenda report (Attachment 3) provides findings and details how the proposed project conforms to the General Plan. This includes the project’s conformance with the goals and policies for the Downtown designated Special Land Use Area in the Land Use Element, Community Design & Historic Resources Element, Economic Development Element and Housing Element. Furthermore, the proposed project supports the overall goals of the Downtown Vision Plan, since it seeks to redevelop the site and provide for more intense residential density, which is anticipated and encouraged in the Downtown. As discussed in other sections of this report and the Planning Commission Report, the Project proposes affordable housing, improvements to the pedestrian environment, Class II bicycle parking at the streetscape, which is consistent with the Downtown Vision Plan and First Street Corridor objectives, and the height of the proposed building is consistent with other approved buildings on First Street.

Zoning District and Other Development Standards
Objective Development Standards
The proposed Project is within the CD/R3 Zoning District. As detailed in the Planning Commission Agenda Report (Attachment 3), the Project is consistent with applicable objective development standards if requested concessions and waivers are granted. The front yard setback 124
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at the ground story is 11 feet, but the upper stories (2nd-4th) have an 8.4-foot setback, whereas ten feet is required. The front setback is being measured from the property line, however, a one-foot pedestrian access easement along the front of the property will be added to the existing street width consistent with other recent approved projects along First Street to functionally increase the sidewalk width. The 8.4-foot front yard setback does not comply with the Zoning District standards; however the applicant requests a development waiver pursuant to Density Bonus Law (see further discussion below).

Pursuant to Section 14.52.060 of the Municipal Code, the Project is required to provide a minimum 60% of softscape surfaces (plant material) within the front and rear landscaped yard areas. The Applicant is providing approximately 60% of the rear yard area with softscape surfaces, however the front yard has only approximately 20% of the yard area landscaped. The Applicant is requesting a development concession pursuant to State Density Bonus Law and the Affordable Housing Ordinance to reduce the amount of landscaping required as discussed in the Density Bonus Report submitted by the Applicant (Attachment F in the Planning Commission Agenda Report). According to the report, a substantial increase in the setback would be necessary in order to provide the required the amount of landscaping and to accommodate other elements such as the trash staging area, walkways, and the underground garage ramp. Staff also notes that on other similar projects along First Street, utility features and clearance requirements from utility services can also conflict with landscaping.

Pursuant to the CD/R3 Zoning District, the maximum allowable building height is 35 feet. Section

14.66.230 of the Zoning Code defines building height as the measurement from the grade to the top of the roof deck for a flat roof and the measurement from the grade to the height of the midpoint between the top plate and ridge for a gable roof. Staff has provided a variety of building height measurements according to this definition in the table within the Planning Commission Agenda Report. The Zoning Code doesn’t address trellis features proposed on top of a main building structure as a separate accessory structure; therefore, staff determined that the top of the trellis feature should be considered the top roof deck. The measurement from grade to the top of the trellis feature is 55.1 feet. This exceeds the maximum building of 35 feet; however, the Applicant requests to utilize a second development concession pursuant to State Density Bonus Law and the Affordable Housing Ordinance to increase the allowable height (further discussed below).

When considering the trellis feature as the height of the building as outlined above, the stairwell feature is 0.4 feet taller and the elevator override is 6.6 feet taller than the height of the building whereas a 12-foot height exception is allowed (Section 14.66.240(F) of the Municipal Code). The Applicant’s Density Bonus Report includes a development waiver request for an elevator height in excess of the height exception, however the report assumes the building height measurement to the main roof deck at 46.7 feet in height is applicable. In addition, height exceptions are also allowed for mechanical equipment required to operate and maintain the building pursuant to 125
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Section 14.66.240(E) and for photovoltaic panels up to 12 feet in height.1 The roof deck plan shows mechanical equipment such as condensers and photovoltaic panels.

CD/R3 District Design Controls
As discussed further in the Planning Commission Agenda Report (Attachment 3), the final set of design plans was accepted prior to Ordinance 2021-478 (Design Controls that effectively adopted objective design standards) went into effect and therefore is subject to Ordinance 10-346, which was the effective district design controls at that time. Below is a summary of how the project addresses the Design Controls and are further detailed in the resolution (Attachment 1).  In terms of size and bulk, the building is divided into smaller elements using building articulation with vertical building wall planes being recessed or projected as well as balcony bays being recessed with some balcony elements projecting outward. The articulation provides for visual interest and breaks up the building into 20-25 foot wide sections;
 The first floor is recessed and has a greater front yard setback than the upper stories which creates a horizontal element that separates the first floor from the upper floors;  The primary access to the building is along the front with direct access to the public sidewalk. The front entry is recessed and designed at a human scale. The front façade, entries, and pedestrian scaled features contributes to the streetscape environment of the Downtown;
 The Project includes landscape features at the street level and enhances the pedestrian environment by constructing a public sidewalk that is wider than the minimum required;  A significant portion of the front façade includes window glazing and/or entrances;  On-site parking improvements and parking spaces are provided that exceed the requirements of the State Density Bonus Laws; and
 The rooftop mechanical equipment is screened from public view and from adjacent building located at the same level.

However, in their review and approval of the proposed project, the Planning Commission recommended specific design changes for the Applicant to incorporate into the design in order to

1 Rooftop mechanical equipment is limited to 4% of the overall rooftop area, whereas photovoltaic panels are excluded from this limitation.
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make positive design findings to address some of the design control elements found above. Those recommendations can be found in the Background – Planning Commission section above.

The Applicant has revised the design and incorporated the following design changes to the building exterior to address the Planning Commission’s concerns as follows. The Applicant has noted to staff that where feasible, the below revisions have been reflected in elevation plans and renderings in the design plans (Attachment 5) except the photo simulations  Revised the East Elevation (First Street Elevation) to add more horizontality to the gabled bays by adding additional trim around the fourth story windows and a white-wash gray stain color to the wood siding between the windows (Sheet A.13). The Applicant suggests this change to mitigate the height of the gable bays and create a smaller scale by separating the second and third floors from the fourth floor.
 Revised the West Elevation by increasing the width of the kitchen windows in the middle stucco wall to reduce the amount of plaster on the façade (Sheet A.14).  Revised the South Elevation by increasing the amount of wood siding on the stair tower and by reintroducing the white-wash gray stain color to the siding in this location to mitigate the perception of bulk. The Applicant suggests the interplay of the natural cedar color and the white-wash gray cedar will have an elegant appearance and give the stair tower a unique character and tie it to the bold sliding shutter details on the fourth floor. The portions of the stair tower that are plaster have also been revised to a lighter gray color.

The width of the white plaster adjacent to the light gray elements was widened to further soften and relax the façade. The windows at the SW corner have also been increased in size (Sheet A.16).
 An awning detail above the elevator doors on the rooftop was added. The awning will protect the doors at the terrace level and define the rooftop access arrival point and scale down the tower height at the terrace level.

Parking
With regards to parking, the project is eligible for parking reduction provisions pursuant to State Density Bonus Laws. The Applicant proposes a total of 23 parking spaces in one level of underground parking accessed from a driveway directly from First Street, whereas 19 spaces are required per the State Density Bonus Laws. The Planning Commission Agenda Report (Attachment 3) provides more detail for the required parking requirement calculation. Three of the 23 spaces including an accessible parking space are standard at-grade parking stalls and 20 parking spaces are proposed to be on a mechanical parking puzzle lift. The mechanical lift system is comprised of a three-level system with one level designed in a sub-grade area. The Zoning Code requires that parking spaces be a minimum of nine feet in width and 18 feet in length, clear of any encroachments from pillars or structural elements. Since the mechanical lift system encroaches into this clear space, the Applicant is requesting a development waiver pursuant to Chapter 14.28 Multiple-Family Affordable Housing, consistent with State Density Bonus Law to enable the 127
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installation of the parking lift system. This is a similar requested development waiver that other recent projects have pursued including the mixed-use project at 389 First Street and the multiple family project at 425 First Street to install mechanical parking lifts.

Design Review
To approve the project as proposed by the applicant, the City Council must make positive design review findings as outlined in Section 14.78.060 of the Municipal Code. These design review findings are summarized as follows:
 The project meets the goals, policies and objectives of the General Plan and complies with any Zoning Code design criteria for the CD/R3 District;  The project has architectural integrity and an appropriate relationship with other structures in the immediate area in terms of height, bulk and design;  The horizontal and vertical building mass is articulated to relate to the human scale; it has variation and depth of building elevations to avoid large blank walls; and the residential elements that signal habitation such as entrances, stairs, porches, bays and balconies;  The exterior materials that convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements such as base, body, parapets, bays, arcades and structural elements; and the materials, finishes, and colors have been used in a manner that serves to reduce the perceived appearance of height, bulk and mass, and are harmonious with other structures in the immediate area;  The landscaping is generous and inviting, the landscape and hardscape complements the building and is well integrated with the building architecture and surrounding streetscape, and the landscape includes substantial street tree canopy;  Any signage is appropriately designed to complement the building architecture;  Mechanical equipment is screened from public view and the screening is designed to be consistent with the building architecture in form, material and detailing; and  Service, trash and utility areas are screened from public view, or are enclosed in structures that are consistent with the building architecture in materials and detailing.

As discussed previously, the Planning Commission recommended specific design changes for the Applicant to incorporate into the design in order to make positive design findings. Those recommendations can be found in the Background – Planning Commission section above. To address those recommendations, the Applicant has made changes to the design plans that are described in the section Zoning District and Other Development Standards - CD/R3 District Design Controls found above.

With the incorporation of the Planning Commission’s recommendations and further design changes by the Applicant, overall, as evidenced in the discussion in the Planning Commission 128
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Agenda Report and as further supported by the findings contained in Exhibit A of the resolution (Attachment 1), the project appears to meet the City’s required design review findings.

Affordable Housing – Density Bonus, Development Incentives and Waivers, and Reduced Parking The CD/R3 Zoning District does not establish a maximum density. The Applicant created a theoretical “base” project using an average unit size and designed a theoretical project that fit within the setbacks and building height requirements (Attachment F of the Planning Commission Agenda Report, Attachment 3). The theoretical base project resulted in a 12-unit project. The Applicant is offering three moderate rate income restricted affordable units or 25 percent of the Project’s units which entitles the developer to a density bonus of 20 percent or 2.4 units pursuant (15 units total) to State Density Bonus Law and the Multiple Family Affordable Housing Ordinance.2 The three moderate rate income restricted units also complies with the minimum requirements stipulated in Chapter 14.28 Multiple-Family Affordable Housing for development projects greater than ten units which states that the project must provide at least 15 percent affordable with the majority being moderate. The 15-unit project consists of eight one-bedroom units and seven two-bedroom units and the Applicant proposes the moderate rate units to be 2 onebedroom units and 1 one-bedroom unit consistent with the requirement of offering a similar ratio of affordable units.

Since the Project is providing at least twenty percent of its units restricted at the moderate-income level, it qualifies for two concessions per State Density Bonus Law and Chapter 14.28 Multiple Family Affordable Housing. The Applicant is seeking: 1) a height concession to allow the Project to exceed the maximum height limit of 35 feet by 20.1 feet for a total building height of 55.1 feet, which would be considered “off-menu”; and 2) a reduction to the 60% required landscaping area in the front yard to 20%.

Under state law and city ordinance, the City must grant the requested concessions unless it can make specific negative findings. Since the project is requesting “off-menu” incentives, one of the following findings would need to be made to deny the requests:
 The concession or incentive would have a specific, adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households;  The concession or incentive does not result in identifiable and actual cost reductions, consistent with the definition of “concession” or “incentive,” to provide for affordable

2 The Project was accepted prior to the adoption of Ordinance 2022-485 that is now effective, which amended inclusionary affordable housing requirements.
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housing costs, as defined in Health & Safety Section 50052.5, or for rents for the targeted units to be set as specified in subsection (I); or
 The concession or incentive would be contrary to state or federal law.

The Applicant is also seeking three development waivers that are needed to construct the Project and do not require use of an incentive or concession. The Applicant requests: 1) to extend the height of building’s elevator beyond the allowable height in the zoning ordinance; 2) an encroachment into the 18 feet by nine-foot horizontal clearance and seven-foot vertical clearance for parking space required pursuant to Section 14.74.200.A for installing mechanical parking lifts; and 3) a front yard setback of 8.4 feet, whereas 10 feet is required.

Pursuant to state law and city ordinance, the City must grant a requested waiver or development standard reduction unless it can make one or more the following findings:
 The waiver or reduced development standard would not have the effect of physically precluding the construction of a development meeting the criteria of this section at the densities or with the incentives permitted under this section.  The waiver or reduced development standard would have a specific, adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.  The waiver or reduced development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources.  The waiver or reduced development standard would be contrary to state or federal law.

In support of the request regarding the development concessions and waivers, the Applicant has included information in their Density Bonus Report, which is included in Attachment F of the Planning Commission Agenda Report (Attachment 3).

Also, as described in the Zoning section above, the Project is eligible for the alternative parking standards specified in Section 14.28.040(G) of the Zoning Code and State Density Bonus Law.

Based on these standards, the project is required to provide one parking space for each onebedroom unit and 1.5 parking spaces for each two-bedroom unit, which results in a minimum of 19 required on-site parking spaces. The Project is providing a total of 23 parking spaces in one underground parking level that exceeds the minimum parking spaces provided.

Density Bonus Findings
Based on the information provided above and further detailed in the Applicant’s Density Bonus Report, the Project is eligible for two development concessions, development waivers, and alternative parking ratios pursuant to State Density Bonus Laws and the Multiple Family Affordable Housing Ordinance and staff has determined that none of the findings to deny the 130
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requests outlined above can be made. The draft resolution contains findings consistent with the above information.

Subdivision
The project includes a Tentative Map to create one lot for further subdivision with a condominium plan. The recording of a subsequent condominium plan would further allow for division of the air space for the 15 residential units as well as assign below grade parking spaces and other common areas. As outlined in the draft Resolution (Attachment 1), positive findings can be made that the subdivision is in compliance with the General Plan, is physically suitable for this type and density of development, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, is not injurious to public health and safety, and provides proper access easements for ingress, egress, public utilities and public services.

Soil Vapor Contamination
A specific condition of approval is contained in the draft resolution to address potential soil and soil vapor contamination that may impact the subject site (Condition #9). The site itself is not the origin of the chemical(s) of concern, however the abutting site at 392 First Street has an “Active” regulatory cleanup site status and has recently come under Local Oversight registered with the County of Santa Clara Department of Environmental Health. Elevated levels of tetrachloroethylene (PCE) among other volatile organic compounds (VOCs) that were collected in soil vapor samples above maximum exposure levels for residential and commercial use were detected in the soil of the subject site. The condition will require that the property owner seek Local Oversight since the city doesn’t have expertise or regulatory oversight to determine the need for site controls, soil management and disposal, and other protection for construction workers and future residents. This is not considered an issue under the California Environmental Quality Act (CEQA) because the project is not creating the environmental impact, rather the existing environmental concern is impacting the project.

Options
1) Approve Resolution No. 2022-XX
Advantages: The project will replace an underdeveloped commercial property with a high-quality multiple-family development that helps the City meet its goals for producing new housing units, both affordable and market rate, and is supportive of the goals of the Downtown Vision Plan.

Disadvantages: The amount of commercial office space along First Street will be reduced in size.
2) Do not approve Resolution No. 2020-XX
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Advantages: The existing commercial building on the site will be maintained Disadvantages: The City will not make any progress on achieving its goals for the production of new housing units and implementation of the Downtown Vision Plan. The non-conforming sidewalk along the frontage of the project will not be replaced with a standard city sidewalk.

Recommendation
The staff recommends Option 1.
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DATE: 4/21/22
FROM: Steve Golden, Interim Planning Services Manager
SUBJECT: 376 First Street Multiple Family Development Project Adendum Agenda Report Correction
There was an error in the agenda report on in the first paragraph on page 10 that should be corrected as follows:
“The 15-unit project consists of eight one-bedroom units and seven two-bedroom units and the Applicant proposes the moderate rate units to be 2 one-bedroom units and 1 twoone-bedroom unit consistent with the requirement of offering a similar ratio of affordable units.” Additional Information from Applicant
The Applicant submitted additional information, via email to staff, to supplement information provided in their Density Bonus Report as further justification of their building height concession request. As an alternative, they are requesting a Density Bonus development waiver for building height. Please see the attached information.
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1 Steve Golden
From: Cebrian, Christian H. <[email protected]>
Sent: Tuesday, April 19, 2022 11:17 AM
To: Steve Golden
Cc: Brett Bailey ([email protected]); Jan Unlu Subject: 376 First Street - Supplemental Density Bonus Information Dear Mr. Golden:

The Project’s September 17, 2021 Density Bonus Report requests a concession from LAMC § 14.52.100 for 20’1” of additional height (to 55’1”). The additional height will permit the inclusion of one floor of four market rate residential units and also results in an improved architectural design that includes a sloped roof (with a mid-point height of 50’8”) and trellis (55’1”). Dahlin reached out to the broker community and confirmed that the roof deck and architectural features associated with the increased height would add approximately 5% to 9% to the sale price the market rate residential units and would be a primary feature focused on by realtors and potential buyers. The increased sales price of the market rate units would subsidize the cost of the Project’s affordable units. This is an additional basis to support the concession beyond the reasons outlined in the Density Bonus Report.

In the alternative, the Project also requests a density bonus waiver from the height limit. As explained in Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 770, “if a city ordinance imposes a building height limitation, a city must waive that limitation for a development that is eligible for a density bonus if imposing the height limit would physically preclude construction of the proposed building with the requested incentives and at the density allowed by the Density Bonus Law. There are no financial criteria for granting a waiver.” Strict application of the City’s height limit would result in the loss at least one-story and four residential units and therefore would physically preclude construction of the density bonus project.

Please feel free to reach out with any questions.

Christian
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DATE: April 26, 2022
FROM: Steve Golden, Interim Planning Services Manager
SUBJECT: 376 First Street Multiple Family Development Project Addendum 2 Please see the following corrections to the draft resolution (Attachment 1) that should be considered in the motion, should the council determine to approve the proposed project.

1. Exhibit A – Number the Subdivision Findings as Section “3”

3. SUBDIVISION FINDINGS. With regard to Subdivision TM19-0004, the City Council finds the following in accordance with Chapter 4, Article 1, Section 66474 of the Subdivision Map Act of the State of California:

2. Exhibit A – Renumber the Affordable Housing and Density Bonus Findings Section to “4”

4. AFFORDABLE HOUSING AND DENSITY BONUS FINDINGS. With regard to the offered below market rate units and requested parking requirement alteration, the City Council finds, in accordance with Los Altos Municipal Code Section 14.28.040, as follows:

3. Exhibit A, Section 4b (using new numbering), revise the language as follows:

Since the project is including twenty-five (25) percent of its total units as affordable at the moderate income level, the City shall grant two (2) concessions unless specified findings for denial are made;

4. Exhibit B, Condition #2, revise the language as follows:

The applicant shall offer the City three (3) below market rate units as follows:
a. Two (2) one-bedroom units at the moderate income level for sale; and b. One (1) two-bedroom unit at the moderate income level for sale 135
Agenda Item # 7.

Steve Golden, Interim Planning Services
Manager
376 First
Street
Fifteen-Unit
Multiple
Family Project
136
Agenda Item # 7.
(IN CONSTRUCTION)
425 1st (APPROVED) St (IN CONSTRUCTION)
137
Agenda Item # 7.
138
Agenda Item # 7.

Public Meetings
• Planning Commission Study Session - August 1, 2019
• Complete Streets Commission - December 1, 2021
• Planning Commission – February 17, 2022
• City Council – April 26, 2022
139
Agenda Item # 7.

State Law and Zoning Code Provisions
In Effect
Housing Accountability Act Yes
SB330 No
Density Bonus Law Yes
Zoning Code Objective Design Control Standards No
Amended Inclusionary Affordable Housing
Requirements
No
140
Agenda Item # 7.

Density Bonus Law – Requested Density Bonus
• Theoretical “base” project = 12-units
• Three moderate rate income restricted affordable
units or 25% of the units proposed
• Entitles the developer to a density bonus of 20
percent or 2.4 units (Always round up)
• Total of 15 units
141
Agenda Item # 7.

Density Bonus Law – Requested Concessions
3 moderate rate units (20% of base density) = 2 Concessions Requirement Concession Request
Building Height Maximum 35 feet 55.1 feet (exceed height by 20.1 feet) Landscaping Front Yard Area 60%
Landscaped
Reduce Front Yard Landscaping to
20% of the Area
142
Agenda Item # 7.

Density Bonus Law – Requested Waiver
3 moderate rate units (20% of base density) = Unlimited Waivers Requirement Waiver Request
Elevator and
Stair Overrun
Can exceed building
height up to 12-feet
Exceed standard by 3.3 feet*
Parking Space
Clearance
18 feet length, 9
feet width, 7 feet
height
Encroach into the clearance area for
mechanical parking lift
Front Yard
Setback
10 Feet 8.4 feet
143
Agenda Item # 7.

Density Bonus Law – Parking Spaces
Bedroom
Count
# of
Units
Required Parking
Ratio per Zoning
Code
Required Parking
Spaces Per Zoning
Code
Density
Bonus
Parking
Ratio
Required
Parking
Spaces Per
Density
Bonus
Two Bedroom 8 2/unit 16 1.5/unit 12
One Bedroom 7 1.5/unit 11 1/unit 7
Guest Parking 1 per 4 units 4 - - Total Parking: 31 19
23 Parking Spaces Provided
144
Agenda Item # 7.

Existing Proposed Required
FLOOR AREA: 3,600 sq ft 22,168 sq ft1 N/A2
SETBACKS:

Front
Rear
Right side
Left side

23.7 feet
0 feet
32 feet
0 feet

8.4 feet3

10.33 feet5
7 feet
7 feet
10 feet
10 feet
0 feet
0 feet
DBL Waiver
145
Agenda Item # 7.

Concession:

Front Yard
Landscaping
20% of the Area
60% of Area
Required
146
Agenda Item # 7.
23 Parking Spaces
Proposed
147
Agenda Item # 7.

Floor 1
BMR
1-bedroom
Floor 2
BMRs
1-bedroom
2-bedroom
Floor 3 Floor 4
148
Agenda Item # 7.
149
Agenda Item # 7.

55.1 feet
Building Height
150
Agenda Item # 7.

Front Elevation
151
Agenda Item # 7.

Rear Elevation
152
Agenda Item # 7.

North Elevation
153
Agenda Item # 7.

South Elevation
154
Agenda Item # 7.
155
Agenda Item # 7.

Staff Recommendation
Approve tentative parcel map application TM19-0004 and design review permit application D19-0009 to construct a 15 unit four-story multiple-family residential condominium development project subject to the findings and conditions contained in the draft resolution If decision for denial, appropriate findings would need to be provided in compliance with State Law(s).
156
Agenda Item # 7.

ATTACHMENT 1
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS MAKING

FINDINGS, ADOPTING A CATEGORICAL EXEMPTION UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING THE DESIGN REVIEW, AND SUBDIVISION APPLICATIONS FOR A FIFTEEN-UNIT MULTIPLEFAMILY PROJECT AT 376 FIRST STREET WHEREAS, the City of Los Altos received a development application from Ismail Jan Unlu, (Applicant), for a new fifteen-unit multiple-family residential building at 376 First Street that includes requests for Design Review (File Number D19-0009) and Subdivision (File Number TM19-0004), referred to herein as the “Project”; and
WHEREAS, said Project is located in the CD/R3 District, which allows multiple-family housing as a permitted use and does not specify a maximum allowable residential density; and WHEREAS, the Applicant is offering three (3) moderate income affordable housing units for sale as part of the Project; and
WHEREAS, the Applicant’s proposed unit mix would consist of 25 percent of a theoretical “base” project of 12 units as affordable units, with 25 percent of the units affordable at the moderate income level, thereby entitling the project to qualify for two development concessions and additional development waivers pursuant to Los Altos Municipal Code Section 14.28.040 and Government Code Section 65915, et seq.; and
WHEREAS, the Applicant is eligible for and has requested two concessions under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040.F.2 to allow for: 1) a building height of 55.1 feet where Section 14.52.100 the Municipal Code allows for a maximum of 35 feet; and 2) a reduction in the front yard landscaping requirement to 20% softscape features where Section

14.52.060 requires a minimum of 60% softscape features; and WHEREAS, the Applicant is eligible for and has requested a parking requirement alteration under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040(G) to allow for a reduction from the required 31 parking spaces to 19 parking spaces; and WHEREAS, the Applicant eligible and has requested waivers under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040(H) to reduce the upper story front yard setback from 10 feet to 8.4 feet and the installation of the mechanical parking lift which encroaches into the minimum parking space clearance area required by Code; and WHEREAS, said Project is exempt from environmental review as in-fill development in accordance with Section 15332 of the California Environmental Quality Act of 1970 as amended (“CEQA”); and WHEREAS, said Project has been processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and 157
Agenda Item # 7.

Resolution No. 2022- Page 2
WHEREAS, on August 1, 2019, the Planning Commission held a design review study session on the Project where it received public testimony and provided the Applicant with architectural and site design feedback; and
WHEREAS, on November 17, 2021, the City gave public notice of the Complete Street Commission’s public hearing on the proposed Project by advertisement in a newspaper of general circulation and to all property owners and business tenants within a 1,000-foot radius and a meeting notice was posted to the billboard sign; and
WHEREAS, on December 1, 2021 the Complete Streets Commission conducted a duly-noticed public hearing at which members of the public were afforded an opportunity to comment upon the Project, and at the conclusion of the hearing, the Complete Streets Commission recommended Planning Commission and City Council approval of the Project; and WHEREAS, on January 24, 2022, the Applicant installed story poles on the site consistent with the approved story pole design plan; and
WHEREAS, on February 2, 2022, the City gave public notice of the Planning Commission’s public hearing on the proposed Project by advertisement in a newspaper of general circulation and to all property owners and business tenants within a 1,000-foot radius and a meeting notice was posted to the billboard sign; and
WHEREAS, on February 17, 2022 the Planning Commission conducted a duly-noticed public hearing at which members of the public were afforded an opportunity to comment upon the Project, and at the conclusion of the hearing, the Planning Commission recommended City Council approval of the Project; and
WHEREAS, on April 14, 2022, the City gave public notice of the City Council’s public hearing on the proposed Project by advertisement in a newspaper of general circulation and to all property owners and business tenants within a 1,000-foot radius and a meeting notice was posted to the billboard sign; and
WHEREAS, on April 26, 2022, the City Council held a duly noticed public meeting as prescribed by law and considered public testimony and evidence and recommendations presented by staff related to the Project; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the City of Los Altos have been satisfied or complied with by the City in connection with the Project; and
WHEREAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Resolution; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 158
Agenda Item # 7.

Resolution No. 2022- Page 3
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby ____________ the Project subject to the Findings (Exhibit A) and the Conditions of Approval (Exhibit B) attached hereto and incorporated by this reference.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ____day of ___________ 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Andrea M. Chelemengos, MMC, CITY CLERK
159
Agenda Item # 7.

Resolution No. 2022- Page 4

EXHIBIT A

FINDINGS

1. ENVIRONMENTAL REVIEW FINDINGS. With regard to environmental review, in accordance with Section 15332 of the California Environmental Quality Act Guidelines, based on the whole record before it, including, without limitation, the analysis and conclusions set forth in the staff reports, testimony provided at the proposed Project’s public hearings, and the supporting documents which include a Traffic Analysis for 376 First Street by Fehr and Peers (September 8, 2020) and the Class 32 Infill Development Projects CEQA Exemption Documentation, by EMC Planning Group (June 7, 2021), the City Council finds and determines that the following Categorical Exemption findings can be made:
a. The Project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with the applicable zoning designation (Commercial Downtown/Multiple-Family);
b. The Project occurs within City limits on a site of no more than five acres that is substantially surrounded by urban uses and there is no record that the site has value as habitat for endangered, rare or threatened species;
c. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the completed technical studies and staff analysis contained in the agenda report and support this conclusion; and
d. The Project has been reviewed and it is found that the site can be adequately served by all required utilities and public services.
e. None of the exceptions to the applicability of the categorial exemption, as specified in section 15300.2, are present.

2. DESIGN REVIEW FINDINGS. With regard to Design Review Application D19-0009, the City Council finds, in accordance with Section 14.76.060 of the Los Altos Municipal Code, as follows:
a. The Project meets the goals, policies and objectives of the General Plan with its level of intensity and residential density within the First Street corridor in Downtown Los Altos, and all Zoning Code site standards and design criteria applicable for a project in the CD/R3 District for the reasons set forth in the staff report; b. The Project has architectural integrity and has an appropriate relationship with other structures in the immediate area in terms of height, bulk and design because the project utilizes high quality materials that support its architectural style and is appropriately articulated and scaled to relate to the size and scale of the surrounding buildings on the First Street corridor; c. Building mass is articulated to relate to the human scale, both horizontally and vertically as evidenced in the design of building entrances, the projecting upper stories that create a horizontal break between the ground floor and upper stories, the horizontal awning over the entrance that limits the entry to a human scale, the recessed and projecting balcony bays on the upper stories, the building elevations have variation and depth and avoid large blank wall 160
Agenda Item # 7.

Resolution No. 2022- Page 5
surfaces, and the project has incorporated elements that signal habitation, such as identifiable entrances and balconies, and high quality finishes;
d. The Project’s exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements. Materials, finishes, and colors have been used in a manner that serves to reduce the perceived appearance of bulk and mass, breaking up the structure into narrow sections, and is harmonious with other structures in the immediate area;
e. Landscaping is generous and inviting because it includes proposed street trees and other trees along the sides and rear yards, shrubs and groundcovers; however, the required landscaping area within the front yard has been reduced as part of a development concession request pursuant to State Density Bonus Law and the Multiple Family Affordable Housing Ordinance; f. Signage, which is limited to the building address number and other required directional signage, will be designed to complement the building architecture in terms of style, materials, colors and proportions;
g. Mechanical equipment is screened from public view by the rooftop structure and other features and is designed to be consistent with the building materials and detailing; and h. Service, trash and utility areas are screened from public view by their locations in the underground garage area and in the side yard areas behind a solid gate.

SUBDIVISION FINDINGS. With regard to Subdivision TM19-0004, the City Council finds the following in accordance with Chapter 4, Article 1, Section 66474 of the Subdivision Map Act of the State of California:

A. The proposed subdivision is not consistent with applicable general and specific plans as specified in 65451.

This Finding cannot be made. The proposed subdivision is consistent with the Los Altos General Plan, including the Land Use Element, which designates the parcel as Downtown Commercial and allows for higher density residential development. Specific applicable policies of the General Plan for creating one parcel to be further divided into fifteen condominium units include Land Use Element Policies 2.2, 3.1 and 3.5, Housing Element Policy 4.3, and the Infrastructure and Waste Disposal Element Policies 1.3, 2.2 and 3.1. The subdivision is also consistent with the Downtown Special Planning Area within the Land Use Element. The subdivision is not within an area adopted as specific plan area.

B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

2.2, 3.1 and 3.5, Housing Element Policy 4.3, and the Infrastructure and Waste Disposal Element Policies 161
Agenda Item # 7.

Resolution No. 2022- Page 6

1.3, 2.2 and 3.1. The subdivision is also consistent with the Downtown Special Planning Area within the Land Use Element. The subdivision is not within an area adopted as specific plan area.

C. That the site is not physically suitable for the type of development.

This Finding cannot be made. The site is physically suitable for this type of development because it is in conformance with the Downtown Commercial land use designations of the General Plan, and complies with all applicable CD/R3 Zoning District site development standards excluding those exceptions otherwise approved;
D. That the site is not physically suitable for the proposed density of development.

This Finding cannot be made. The site is physically suitable for the proposed density of development because it is in conformance with the Downtown Commercial land use designations of the General Plan, which does not have a density maximum but allows higher density residential development and complies with all applicable CD/R3 Zoning District site development standards excluding those exceptions otherwise approved;
E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

This Finding cannot be made. The design of the subdivision will not conflict with access easements because there are no known existing access easements encumbering this property. 162
Agenda Item # 7.

Resolution No. 2022- Page 7

3. AFFORDABLE HOUSING AND DENSITY BONUS FINDINGS. With regard to the offered below market rate units and requested parking requirement alteration, the City Council finds, in accordance with Los Altos Municipal Code Section 14.28.040, as follows:
a. The applicant is offering three moderate income units for sale, which qualifies the project for two (2) development concessions, additional development waivers, and a parking requirement alteration;
b. Per Table DB 6 in Los Altos Municipal Code Section 14.28.040(C)(1)(d), a project that includes twenty percent or more of its total units as moderate income restricted affordable units shall be granted two (2) concessions. Since the project is including twenty percent of its total units as affordable at the moderate income level, the City shall grant two (2) concessions unless specified findings for denial are made;
c. For its two (2) concessions, the Applicant is requesting the City to allow: 1) a building height of 55.1 feet where Section 14.52.100 the Municipal Code allows for a maximum of 35 feet; and 2) a reduction in the front yard landscaping requirement to 20% softscape features where Section 14.52.060 requires a minimum of 60% softscape feature. Both requests are considered “off-menu” concessions per Section 14.28.040(F). The city has determined that the concessions would not have a specific adverse impact upon public health and safety or the physical environment or upon a listed historical resource. Evidence has not been presented which supports other findings for denial of the requested concessions; d. Per State Density Bonus Laws, the City shall allow a minimum parking requirement, inclusive of accessible and guest parking, of one (1) onsite parking space for each studio and onebedroom unit and 1.5 onsite parking spaces for each two-bedroom unit if requested by the applicant. The project includes three (7) one-bedroom units and eight (8) two-bedroom units, and is providing 23 onsite parking spaces, which meets the required 19 parking spaces required by the State Density Bonus Laws.
e. Per Section 14.28.040(H)(1), a project can request a waiver or reduction of development standards that have the effect of physically precluding the construction of a development in addition to the development concessions permitted by the Municipal Code. Consistent with these requirements, the Applicant requested waivers to: 1) reduce the upper story front yard setback from 10 feet to 8.4 feet; and 2) the installation of the mechanical parking lift which encroaches into the minimum parking space clearance area required by Code. The Council determined the development waivers are supported by the fact that the implementation of the standards physically precludes the construction of the development as designed. Evidence has not been presented that the waivers will have a specific, adverse impact upon health, safety, or the physical environment, or an adverse impact on any listed historic resource or will be contrary to state or federal law.
163
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Resolution No. 2022- Page 8

EXHIBIT B

CONDITIONS

GENERAL

1. Approved Plans
The project approval is based upon the plans dated September 17, 2021 and the support materials and technical reports, except as modified by these conditions and as specific below:
a. The Applicant shall coordinate with Santa Clara County to integrate improvements along the rear property line (e.g. swale) to address stormwater runoff from landscaped shoulder of Foothill Expressway. The Applicant shall obtain any necessary agreements from the County prior commencing off-site work.
b. The bike parking room shall have electrical outlets for the residents use for electric biking charging.

2. Affordable Housing
The applicant shall offer the City three (3) below market rate units as follows:
a. One (1) one-bedroom unit at the moderate income level for sale; and b. Two (2) two-bedroom units at the moderate income level for sale

3. Encroachment Permit – City of Los Altos
An encroachment permit and/or an excavation permit shall be obtained prior to any work done within the public right-of-way and it shall be in accordance with plans to be approved by the City Engineer.

4. Encroachment Permit or Access Agreement – County of Santa Clara Prior to doing any work within the County of Santa Clara owned land (i.e. demolishing of existing structure(s) at rear of property), the Applicant shall obtain an encroachment permit or access agreement from the County of Santa Clara.

5. Public Utilities
The applicant shall contact electric, gas, communication and water utility companies regarding the installation of new utility services to the site.

6. Americans with Disabilities Act
All improvements shall comply with Americans with Disabilities Act (ADA).

7. Municipal Regional Stormwater Permit
The project shall be in compliance with the City of Los Altos Municipal Regional Stormwater (MRP)NPDES Permit No. CA S612008, Order No. R2-2015-0049 dated November 19, 2015.

8. Sewer Lateral
Any proposed sewer lateral connection shall be approved by the City Engineer. 164
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Resolution No. 2022- Page 9

9. Potential Soil Contamination
The abutting left side property at 392 First Street is included in the California Department of Toxic Substances Control EnviroStor database with a regulatory cleanup status of “Active” with elevated volatile organic compounds (VOCs), in particular PCE, found in soil vapor. The property at 392 First Street entered into a Local Oversight Agreement with the County of Santa Clara Department of Environmental Health, a local Certified Unified Program Agency. The subject site is not known to be a source of VOCs, but based on samples obtained in 2017 has elevated levels of PCE in soil vapor and exceeds the maximum acceptable residential exposure levels and commercial/construction worker exposure levels. The presence of PCE in soil vapor at the Site may potentially expose construction workers and future occupants of the 376 First Street development to a vapor inhalation risk. Therefore, prior to the issuance of any building permits, grading, off-site improvements, demolition or other ground disturbing activities, the Property Owner shall enter into a Local Oversight Program with a local Certified Unified Program Agency and shall provide to the city of Los Altos a letter or other documentation that clearly provides authorization for any ground disturbing activities related to the construction of the project or any associated improvement and/or other conditions or mitigation measures that are required before, during and after construction of the project (i.e. site control, soil management and disposal, dispersal controls, etc). Those conditions or mitigation measures shall be considered conditions of approval and be included in the building permit submittal plans, public improvement plans, and/or other documentation as directed by the Community Development Director or their designee.

10. Transportation Permit
A Transportation Permit, per the requirements specified in California Vehicle Code Division 15, is required before any large equipment, materials or soil is transported or hauled to or from the construction site.

11. Diesel Generator Prohibition
Diesel powered electric generators are prohibited for any purpose in this project.

12. Indemnity and Hold Harmless
The applicant/property owner agrees to indemnify, defend, protect, and hold the City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceedings brought in any State or Federal Court, challenging any of the City’s action with respect to the applicant’s project.

The City may withhold final maps and/or permits, including temporary or final occupancy permits, for failure to pay all costs and expenses, including attorney's fees, incurred by the City in connection with the City's defense of its actions.

PRIOR TO SUBMITTAL OF BUILDING PERMIT

13. Green Building Standards
The applicant shall provide verification that the project will comply with the City’s Green Building Standards (Section 12.26 of the Municipal Code) from a qualified green building professional.

14. Property Address
The applicant shall provide an address signage plan as required by the Building Official. 165
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15. Water Efficient Landscape Plan
Provide a landscape documentation package prepared by a licensed landscape professional showing how the project complies with the City’s Water Efficient Landscape Regulations and include signed statements from the project’s landscape professional and property owner.

16. Reach Codes
Building Permit Applications submitted on or after January 26, 2021 shall comply with specific amendments to the 2019 California Green Building Standards for Electric Vehicle Infrastructure and the 2019 California Energy Code as provided in Ordinances Nos. 2020-470A, 2020-470B, 2020-470C, and 2020-471 which amended Chapter 12.22 Energy Code and Chapter 12.26 California Green Building Standards Code of the Los Altos Municipal Code. The building design plans shall comply with the standards and the applicant shall submit supplemental application materials as required by the Building Division to demonstrate compliance.

17. Climate Action Plan Checklist
The applicant shall implement and incorporate the best management practices (BMPs) into the plans as specified in the Climate Action Compliance Memo submitted on March 11, 2019.

18. California Water Service Upgrades
The applicant is responsible for contacting and coordinating with the California Water Service Company any water service improvements including but not limited to relocation of water meters, increasing water meter sizing or the installation of fire hydrants. The City recommends consulting with California Water Service Company as early as possible to avoid construction or inspection delays.

19. Pollution Prevention
The improvement plans shall include the “Blueprint for a Clean Bay” plan sheet in all plan submittals.

20. Storm Water Management Plan
The Applicant shall submit a Storm Water Management Plan (SWMP) in compliance with the MRP. The SWMP shall be reviewed and approved by a City approved third party consultant at the Applicant’s expense. The recommendations from the Storm Water Management Plan (SWMP) shall be shown on the building plans.

21. Outdoor Condensing Unit Sound Rating
The Applicant shall show the location of any outdoor condensing unit(s) on the site plan including the model number of the unit(s) and nominal size (i.e. tonnage) of the unit. The Applicant Shall provide the manufacturer’s specifications showing the sound rating for each unit. The condensing unit(s) must be located to comply with the City’s Noise Control Ordinance (Chapter 6.16) and in compliance with the Planning Division setback provisions. The units shall be screened from view of the street.

22. Off-haul Excavated Soil
The grading plan shall show specific grading cut and/or fill quantities. Cross section details showing the existing and proposed grading through at least two perpendicular portions of the site or more shall be provided to fully characterize the site. A note on the grading plans shall state that all excess dirt shall be off-hauled from the site and shall not be used as fill material unless approved by the Building and Planning Divisions.
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Resolution No. 2022- Page 11

23. Electric Vehicle Charging Station Infrastructure
The building’s electrical service shall be designed to support the required load necessary for installation of electric vehicle changing stations in the underground parking garage.

24. Santa Clara County Fire Department Review
The project shall comply with all Santa Clara County Fire Department standards including but not limited to the comments and conditions provided in the Fire Department Development Review Comment letter dated October 7, 2021. A formal review of the building permit plans will be completed subsequent to submittal of a complete set of building permit design plans.

PRIOR TO FINAL MAP RECORDATION

25. Water Meters
Proposed two water meters shall not be in the ADA ramp located at the North side of the sidewalk. No trees shall be planted on top of City sanitary sewer main along First Street.

26. Sidewalk Lights
The applicant shall install a new light fixture along First Street frontage as directed by the City Engineer.

27. Covenants, Conditions and Restrictions
The applicant shall include the following provisions in the Covenants, Conditions and Restrictions (CC&Rs):
a. Long-term maintenance and upkeep of the landscaping and street trees, on-site and in the public right-of-way along the site frontage, as approved by the City, shall be a duty and responsibility of the property owners.
b. Long-term maintenance and upkeep of the building’s exterior materials and finishes shall be the responsibility of the Homeowner’s Association.
c. The Homeowner’s Association will store trash receptacles in the underground parking garage level and will be responsible for moving trash receptacles to the temporary staging area at street level no more than 24 hours in advance of trash pickup and will relocate trash receptacles to their storage location within 24 hours of pickup.

The CC&Rs shall also specify that the City’s approval shall be required for any amendment to the provisions of the CC&Rs required by this condition.

28. Affordable Housing Agreement
The Applicant shall execute and record an Affordable Housing Agreement, in a form approved and signed by the Community Development Director and the City Attorney, that three (3) below market rate units, for a period of at least 55 years, as defined in Condition No. 2. The below market rate units shall be constructed concurrently with the market rate units, shall be provided at the location on the approved plans, and shall not be significantly distinguishable with regard to design, construction or materials.

29. Pedestrian Easement
The property owner shall dedicate a one-foot pedestrian easement along the frontage of First Street to the City of Los Altos for use as public right-of-way pedestrian access easement. Applicant 167
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Resolution No. 2022- Page 12
shall submit documentation to the City for review and approval for the recordation of the public easement to the City of Los Altos.

30. Public Utility Dedication
The property owner shall dedicate public utility easements as required by the utility companies to serve the site.

31. Final Map Application and Payment of Subdivision Fees The applicant shall pay all applicable fees, including but not parkland dedication in-lieu fees and map check fee plus deposit as required by the City of Los Altos Municipal Code. Plats and legal descriptions of the final map shall be submitted for review by the City Land Surveyor.

32. Subdivision agreement
The property owner shall have the subdivision improvement agreement approved by the City and ready to be executed and recorded after City Council approves the recordation of the Final Map.

33. Cost Estimate and Performance Bonds
The applicant shall submit a cost estimate for the improvements in the public right-of-way and one-foot pedestrian easement area, shall submit a 100 percent performance bond or cash deposit (to be held until acceptance of improvements), and a 50 percent labor and material bond (to be held six months after acceptance of improvements) for the work in the public right-of-way.

PRIOR TO ISSUANCE OF BUILDING PERMIT

34. Parking Garage Driveway Ramp
The applicant shall show a “watch for pedestrians” sign at the top of the underground parking garage driveway ramp.

35. Payment of Impact and Development Fees
The applicant shall pay all applicable fees, including but not limited to sanitary sewer connection and impact fees, traffic impact fees, public art impact fee and map check fee plus deposit as required by the City of Los Altos Municipal Code.

36. Final Map Recordation
The applicant shall record the final map.

37. Soldier beams/Shoring
The applicant shall insure the design of all soldier beams or other temporary shoring supports are outside the public right-of-way.

38. Storm Water Filtration Systems
The Applicant shall insure the design of all storm water filtration systems and devices are without standing water to avoid mosquito/insect infestation.

39. Air Quality Mitigation
The applicant shall incorporate into the design plans and shall implement throughout the entire construction process the Bay Area Air Quality Management District’s basic Construction Mitigation Measures to reduce emissions of fugitive dust during construction activities (California 168
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Environmental Quality Act Air Quality Guidelines. San Francisco, CA. May 2017. http://www.baaqmd.gov/~/media/files/planning-andresearch/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en (accessed November 2021).

40. Acoustical Report
The applicant shall submit a report from an acoustical engineer/consultant ensuring that the rooftop mechanical equipment meets the City’s exterior noise regulations.

41. Grading and Drainage Plan
The Applicant shall submit on-site grading and drainage plans that include (i.e. drain swale, drain inlets, rough pad elevations, building envelopes, drip lines of major trees, elevations at property lines, all trees and screening to be saved) for approval by City Engineer. No grading or building pads are allowed within two-thirds of the drip line of trees unless authorized by a certified arborist and the Planning Division.

42. Sewage Capacity Study
The applicant shall submit calculations showing that the City’s existing sewer line will not exceed two-thirds full due to the project’s sewer loads. For any segment that is calculated to exceed twothirds full for average daily flow or for any segment that the flow is surcharged in the main due to peak flow, the applicant shall replace the sewer line with a larger sewer line.

43. Construction Management Plan
The Applicant shall submit a construction management plan for review and approval by the Community Development Director and the City Engineer. The construction management plan shall address any construction activities affecting the public right-of-way, including but not limited to excavation, traffic control, truck routing, pedestrian protection, material storage, earth retention and construction vehicle parking. The plan shall also provide specific details with regard to how construction vehicle parking will be managed to minimize impacts on nearby commercial and residential properties. The Plan shall also implement and comply with all other elements contained in Construction Management Plan Submittal Requirements published by the Planning Division including staging plans material delivery, storage areas, and noise reduction.

A Transportation Permit, per the requirements in California Vehicle Code Division 15, is required before any large equipment, materials or soil is transported or hauled to or from the site. Applicant shall pay the applicable fees before the transportation permit can be issued by the Traffic Engineer.

44. Solid Waste Ordinance Compliance
The Applicant shall be in compliance with the City’s adopted Solid Waste Collection, Remove, Disposal, Processing & Recycling Ordinance (LAMC Chapter 6.12) which includes a mandatory requirement that all multi-family dwellings provide for recycling and organics collection programs.

45. Solid Waste and Recyclables Disposal Plan
The Applicant shall contact Mission Trail Waste Systems and submit a solid waste and recyclables disposal plan indicating the type, size and number of containers proposed, and the frequency of pick-up service subject to the approval of the Engineering Division. The Applicant shall also submit evidence that Mission Trail Waste Systems has reviewed and approved the size and location of the proposed trash enclosure. The enclosure shall be designed to prevent rainwater from mixing with the enclosure's contents and shall be drained into the City’s sanitary sewer system. The 169
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enclosure's pad shall be designed to not drain outward, and the grade surrounding the enclosure designed to not drain into the enclosure. In addition, Applicant shall show on plans the proposed location of how the solid waste will be collected by the refusal company. Include the relevant garage clearance dimension and/or staging location with appropriate dimensioning on to plans.

PRIOR TO FINAL OCCUPANCY

46. New ADA Ramps
The applicant shall provide two new ADA ramps at the sides of driveway per the City standards on First Street.

47. Parking Garage Driveway Ramp
The applicant shall install a “watch for pedestrians” sign at the top of the underground parking garage driveway ramp.

48. Condominium Map
The applicant shall record the condominium map as required by the City Engineer.

49. Landscape and Irrigation Installation
All on- and off-site landscaping and irrigation shall be installed and approved by the Community Development Director and the City Engineer. Provide a landscape WELO Certificate of Completion, signed by the project’s landscape professional and property owner, verifying that the trees, landscaping and irrigation were installed per the approved landscape documentation package.

50. Tree Protection Verification
Documentation by letter(s) or reports shall be submitted prior to final inspection that demonstrates the tree protection plan was implemented by the developer and consulting arborist.

51. Signage and Lighting Installation
The applicant shall install all required signage and on-site lighting per the approved plan.

52. Green Building Verification
The applicant shall submit verification that the structure was built in compliance with the California Green Building Standards pursuant to Section 12.26 of the Municipal Code.

53. Sidewalk in Public Right-of-Way
The Applicant shall remove and replace entire sidewalk and curb and gutter along the frontage of First Street as directed by the City Engineer. Sidewalk shall have minimum width of five feet or greater per the approved plans and the six-inch curb of curb and gutter shall not be part of the five-foot sidewalk.

54. Public Infrastructure Repairs
The Applicant shall repair any damaged right-of-way infrastructures and otherwise displaced curb, gutter and/or sidewalks and City’s storm drain inlet shall be removed and replaced as directed by the City Engineer or his designee. The Applicant is responsible to resurface (grind and overlay) half of the street along the frontage of First Street if determined to be damaged during construction, as directed by the City Engineer or his designee. 170
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55. SWMP Certification
The Applicant shall have a final inspection and certification done and submitted by the Engineer who designed the SWMP to ensure that the treatments were installed per design. The Applicant shall submit a maintenance agreement to City for review and approval for the stormwater treatment methods installed in accordance with the SWMP. Once approved, City shall record the agreement.

56. Maintenance Bond
A one-year, ten-percent maintenance bond shall be submitted upon acceptance of improvements in the public right-of-way.

57. Label Catch Basin Inlets
The Applicant shall label all new or existing public and private catch basin inlets which are on or directly adjacent to the site with the “NO DUMPING - FLOWS TO ADOBE CREEK” logo as required by the City.
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Planning Commission
Thursday, February 17, 2022

Page 2 of 7 ends

Los Altos City CouncilApril 26, 2022

Los Altos City Council
April 26, 2022