Agenda packet — Los Altos City Council, May 14, 2024

CITY COUNCIL MEETING
AGENDA
7:00 PM - Tuesday, May 14, 2024
via Videoconference and In Person
PARTICIPATION: Members of the public may participate by being present at the Los Altos Council Chamber at Los Altos City Hall located at 1 N. San Antonio Rd, Los Altos, CA during the meeting.

Public comment is accepted in person at the physical meeting location, or via email to [email protected].

RULES FOR CONDUCT: Pursuant to Los Altos Municipal Code, Section 2.05.010 "Interruptions and rules for conduct": Understanding that the purpose of the city council meetings is to conduct the people's business for the benefit of all the people, in the event that any meeting of the city council is willfully interrupted by a person or group of persons so as to render the orderly conduct of the meeting impossible, the mayor, mayor pro tem, or any other member of the city council acting as the chair may order the removal of the person or persons responsible for the disruption and bar them from further attendance at the council meeting, or otherwise proceed pursuant to Government Code Section 54957.0 or any applicable penal statute or city ordinance.

REMOTE MEETING OBSERVATION: Members of the public may view the meeting via the link below, but will not be permitted to provide public comment via Zoom or telephone. Public comment will be taken in-person, and members of the public may provide written public comment by following the instructions below.
https://losaltosca-gov.zoom.us/j/84966591123?pwd=swabFnfyVszleiDj2jbWn4XTjgP1TL.1 Telephone: 1-669-444-9171 / Webinar ID: 849 6659 1123 / Passcode: 505316 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. Emails sent directly to the City Council as a whole or individually, and not sent to [email protected] will not be included as a public comment in the Council packet.

Please note: Personal information, such as e-mail addresses, telephone numbers, home addresses, and other contact information are not required to be included with your comments. If this information is included in your written comments, they will become part of the public record. Redactions and/or edits will not be made to public comments, and the comments will be posted as they are submitted. Please do not include any information in your communication that you do not want to be made public.

Correspondence submitted in hard copy/paper format must be received by 2:00 p.m. on the day of the meeting to ensure distribution prior to the meeting. Comments provided in hard copy/paper format after 2:00 p.m. will be distributed the following day and included with public comment in the Council packet. 1 5/14/2024 CITY COUNCIL MEETING AGENDA Page 2 of 4
The Mayor will open public comment and will announce the length of time provided for comments during each item.

AGENDA

CALL MEETING TO ORDER

ESTABLISH QUORUM

PLEDGE ALLEGIANCE TO THE FLAG

REPORT ON CLOSED SESSION

CHANGES TO THE ORDER OF THE AGENDA

SPECIAL ITEMS
Issue proclamation recognizing Affordable Housing Month Issue proclamation recognizing Jewish Heritage Month
Recognition of the Margaret Thompson Essay Contest Winners

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. The Mayor will announce the time speakers will be granted before comments begin. 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.
05-14-24 Written Public Comments

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. Approve the Draft Special and Regular Meeting Minutes for the Meeting of April 30, 2024

2. Adopt a Resolution calling for a General Municipal Election to be held on November 5, 2024 for three City Council seats and requesting the services of the County of Registrar of Voters to conduct the election and consolidate it with the General Election

3. Adopt a Resolution authorizing the increase of Solid Waste Collection Rates by 5.79% effective July 1, 2024; and finding it exempt from California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15273(a)
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4. Adopt the Public Works Department’s Microtrenching asphalt concrete (A.C.) Restoration Standard Detail SU-19A to comply with California Senate Bill 378

5. Authorize the City Manager to execute the Agreements for Countywide Household Hazardous Waste Collection Program and Countywide AB 939 Implementation Fee to provide for funding from the City of Los Altos in the amount of $96,037 for the Countywide Hazardous Waste Disposal Program for FY 2025/26, and consider finding the Council’s action exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15273

6. Adopt Resolution certifying compliance with State Housing Laws in order to receive $7,298,096.00 in One Bay Area Grant Cycle 3 (OBAG 3) funding for the San Antonio Complete Streets Project

7. Authorize the City Manager to execute an amendment to the original agreement with West Coast Arborists, Inc. in the amount of $58,000 for On-Call City-wide Tree Maintenance Services to fully fund annual tree maintenance services that includes the tree work that was done on the Hetch Hetchy Trail

8. Authorize the City Manager to Purchase Motorola Nextgen Police Radios and accept grant monies from the Los Altos Mountain View Community Foundation to fund this replacement

PUBLIC HEARINGS

9. Introduce and waive further reading of an Ordinance of the City Council of the City of Los Altos adding Chapter 14.64 to Title 14 (Zoning) of the Los Altos Municipal Code enacting regulations for dual opportunity developments (SB9) and find the Ordinance exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act (CEQA), and Adopt a Resolution rescinding Resolution 2021-57 establishing objective standards for single-family residences to implement Senate Bill 9 and find the Resolution exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act (CEQA)

DISCUSSION ITEMS

10. Discuss and provide direction on a potential policy related to public comments from a remote platform for public meetings

INFORMATIONAL ITEMS ONLY
There will be no discussion or action on Informational Items

11. Tentative Council Calendar and Housing Element Update Implementation Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS

ADJOURNMENT
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(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.

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. 4 1
Melissa Thurman
From: Roberta Phillips <[email protected]>
Sent: Friday, May 10, 2024 2:48 PM
To: Public Comment; City Council
Subject: San Antonio Rd project May 10.2024 Council Meeting Public Comment Attachments: Final OBAG3 Application - N San Antonio.docx (1).pdf; Berkley safe streets.eml Dear Council Members
Consent Item #6 on the May 10,2024 City Council Meeting asks that Council approve a resolution to move forward with installing protected bike lanes along San Antonio Rd from Foothill Expressway to El Camino along with additional lighting and other road changes. The City applied for a $7,298,096 grant from One Bay Area Grant ( OBAG 3) which is attached.

The application states that : This project seeks to create...protected bikeways by installing bollards ( vertical structures) , narrowing vehicle lanes, and slowing down traffic.

San Antonio Rd is an emergency evacuation route. Cars need to be able to pull over to the right to allow fire trucks and ambulances to pass. Installing protected bike lanes ( bollards) and slowing down traffic will result in slower response time. This is a major public safety hazard . Road diets have shown in other cities that fatalities and accidents involving pedestrians and bicyclists increase. Please see the link to the YouTube video below . It provides the data that projects such as the San Antonio Rd Project increase fatalities and accidents by more than 100%.

The City of Berkeley is struggling with the question " Can a city both increase bike and pedestrian safety and keep emergency response time down? Their City Council just allocated $200,000 to investigate . See Attached link below.

I made a public records request a week ago requesting the City of Los Altos provide the data on accidents or fatalities on San Antonio Rd involving pedestrian and bike accidents or fatalities over the past three years. According to Captain Krauss of the Los Altos Police , there have been no fatalities in the past ten years. I suspect that there are no serious vehicle accidents involving cyclists or pedestrians. I am waiting for this accident data. I believe this data is critical to decision making and planning for the city.

The OBAG application has a section on Public Outreach. It states that " Public outreach specific to the project including comments received at public meetings or hearings , feedback from community workshops or surveys responses" has happened. In fact there has been no community outreach, workshops or surveys done for this specific project.

The OBAG grant is for seven million dollars. How much will the City of Los Altos need to contribute or match ? I am concerned with the process of receiving grant money before there are specific plans , community input and the knowledge that the project will actually improve public safety.

Sincerely
Roberta Phillips
650-941-6940
https://www.berkeleyside.org/2024/05/06/berkeley-fire-department-road-safetyemergency-response 5 2

https://www.youtube.com/watch?v=K-Pjyp3G5ek
6 One Bay Area Grant (OBAG 3) – County & Local Program
Santa Clara County Template Application Form (v1)
Project Information
Project Name: N San Antonio Road Protected Bikeway and Complete Streets Project Project Sponsor: City of Los Altos, CA
Sponsor Single Point
of Contact:

Marisa Lee
650-947-2626
[email protected]
Project Location: N San Antonio Road
Brief Project
Description:

This project consists of protected bikeways along N San Antonio Rd connecting key commercial areas, residential areas, Civic spaces, schools, Community Center, Library, Downtown Los Altos, new high-density housing, Caltrain, and El Camino Real transit lines. This project seeks to create safer, more comfortable streets for all users by implementing complete streets best practices including protected bikeways, better integration between transit and bicycles, enhanced crosswalks, preservation of existing sidewalks, and narrowed vehicle lanes. This corridor is a suggested route to school for two public schools in Los Altos. It is one of the few north-south corridors that traverses the entire city. This project also includes pavement rehabilitation in order to restore and maintain the existing roadway network, as well as streetscape improvements such as streetlights.

Program Eligibility
Federal Fund
Eligibility
Is the project eligible
for federal
transportation funds?
Select the OBAG 3 federal fund source(s) for which the project is eligible:
☒ Surface Transportation Block Grant (STP) Program (See FHWA fact sheet) ☒ Congestion Mitigation & Air Quality Improvement (CMAQ) Program (See FHWA fact sheet)
Note: projects eligible for CMAQ funding must provide inputs for air quality improvement calculations, using templates provided on the OBAG 3 webpage.

Eligible Project Type
Is the project an
eligible project type?
Select the eligible project type(s) (refer to MTC Resolution No. 4505 for detailed eligibility guidelines):

Growth Framework Implementation
☐ PDA Planning Grant
☐ Local Planning Grant (for other Plan
Bay Area 2050 Growth Geographies)
Complete Streets & Community Choice
☒ Bicycle/Pedestrian Infrastructure
☐ Bicycle/Pedestrian Program
☐ Safe Routes to School (SRTS)
Non-Infrastructure program
☒ SRTS Infrastructure
☐ Safety project
☐ Safety Planning efforts
☒ Complete Streets improvements
☒ Streetscape improvements
☒ Local Streets and Roads Preservation
☐ Rural Roadway Improvement
☐ Community-Based Transportation Plan
(CBTP) or Participatory Budgeting (PB)
Process in an Equity Priority
Community (EPC)
☐ CBTP/PB Project Implementation
Climate, Conservation, & Resilience
☐ Transportation Demand Management
(TDM) Program
☐ Mobility Hub
☐ Parking/Curb Management
☐ Car/Bike Share Capital
☐ Open Space Preservation and
Enhancement
☐ Bicycle/Pedestrian Access to Open
Space/Parkland
☐ Regional Advance Mitigation Planning
(RAMP)
Multimodal Systems Operations &
Performance
☐ Transit Capital Improvement
☐ Transit Station Improvement
☐ Transit Transformation Action Plan
Project Implementation
☐ Active Operational Management
☐ Mobility Management and coordination
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One Bay Area Grant (OBAG 3) – County & Local Program
Santa Clara County Template Application Form (v1)
Policy Alignment
Federal Performance
Goals
How does the
project support
federal
performance
measures?
Select the federal performance measures that are supported by the project:
☒ Safety: Significantly reduce traffic fatalities and serious injuries for all users on all public roads and improve the safety of all public transportation systems. ☒ Infrastructure Condition: Improve the pavement condition on the Interstate and National Highway System (NHS) and NHS bridges and maintain the condition of public transit assets in a state of good repair.
☐ Congestion Reduction: Significantly reduce congestion on the NHS in urbanized areas. ☐ System Reliability: Improve the reliability of the Interstate system and NHS. ☐ Freight Movement and Economic Vitality: Improve the reliability of the Interstate system for truck travel.
☐ Environmental Sustainability: Maximize emission reductions from CMAQ-funded projects.

Describe how the project supports the selected federal performance measure(s):

Please describe
Plan Bay Area 2050
Strategies
How does the project
align with Plan Bay
Area 2050?
Describe how the project supports Plan Bay Area 2050 Strategies and/or Implementation Plan:

This project supports the following Plan Bay Area 2050 strategies: T1) Restore, operate and maintain the existing system, T8) Build a Complete Streets network and T9) Advance regional Vision Zero policy through street design and reduced speeds.

Complete Streets projects strive to make roads safe and comfortable for all roadway users, of all travel modes. This project will enhance a key corridor in Los Altos to promote walking, biking, and other micro-mobility through the construction of safe, comfortable bikeways and intersections. Because of the specific countermeasures selected for this project, it will also improve the safety of community members, particularly vulnerable users walking or riding bicycles by providing protected bike facilities and more space between travel lanes and sidewalks. The project advances MTC strategies from the Implementation Plan by creating infrastructure towards advancing regional Vision Zero policy through design. Implementing protected bikeways that traverse busy thoroughfares, such as broad avenues, is a proven strategy to reduce cyclist fatalities and encourage more community members to use active modes to access local destinations and transit.

This project maintains the existing corridor along N. San Antonio Road, which currently consists of two vehicle lanes in each direction, a bicycle lane in each direction, and a planted median. This project rehabilitates the pavement along the corridor, which is in need of repair. The route is home to a transit corridor. This project optimizes the route by adding protective buffers and vertical separation to the existing bike lane, while maintaining the other elements. This project would better integrate the bike facility with the transit operations by providing conflict markings and better-designed delineation where the two modes interact. Vehicles are fast-moving on this corridor and although an unprotected bike lane currently exists, it is not utilized to its full potential. The addition of protection for the bike lane is likely to lead to an increase in ridership as this corridor is a major connector between El Camino Real, other adjacent cities, several schools, civic spaces, downtown Los Altos, and Foothill Expressway.

The project contributes to healthy and safe streets. It protects a lane for bicyclists, which would greatly enhance bicycle safety on this corridor. The addition of the vertical element would slow cars by visually narrowing the roadway, and one or both vehicle lanes would be narrowed slightly from the existing width of 11 feet, further reducing vehicle speeds and making the corridor safer for all roadway users. 3 8
One Bay Area Grant (OBAG 3) – County & Local Program
Santa Clara County Template Application Form (v1)
Regional Policy
Alignment
How does the project
align with other
regional policies and
plans?
Select the regional plans and policies with which the project is aligned:
☒ Regional Safety/Vision Zero Policy
☒ MTC’s Equity Platform
☒ Regional Active Transportation Plan
☒ Transit Oriented Communities Policy
☐ Blue Ribbon Transit Transformation
Action Plan
Describe how the project aligns with the selected regional plans and/or policies:

This project aligns with the Regional Safety/Vision Zero Policy, MTC’s Equity Platform, the Regional Active Transportation Plan, and Transit Oriented Communities Policy.

Pedestrian and bicyclist safety and transit access are they key components of this project. The proposed protected bikeways would facilitate access from key neighborhoods and new high-density housing developments to Caltrain stations and transit lines along El Camino Real. The project would also vastly improve connectivity for people walking and biking between important commercial and Civic areas, local businesses, neighborhoods, high-density housing, schools, and workplaces.

This project aligns with the Regional Active Transportation Plan by creating and maintaining a safe environment for people walking, rolling, and bike riding. It provides connections to key destinations and corridors such as El Camino Real, downtown Los Altos, Foothill Expressway, several schools, Los Altos City Hall, Community Center, and Library. It would connect with the protected bike lanes along El Camino Real, approved by City Council earlier this year and planned for construction by Caltrans in Summer 2023.

The project aligns with the Vision Zero Policy by creating a space for biking that enhances safety along a major corridor that connects multiple communities, schools, commercial areas, residential areas, and work places. By installing these improvements, Los Altos is actively using a proven, data-driven approach to reduce fatalities and injuries. This aligns with regional vision zero goals to protect all roadway users, particularly vulnerable users such as children and seniors walking or biking, and to engage and incentivize local jurisdictions in prioritizing safety and aligning funding investments with safety goals. This project is evidence-based and equity-focused in alignment with the Regional Safety/Vision Zero Policy.

This project connects isolated communities with the region through human-scale transportation improvements, a huge part of the equity focus of MTC. The project will provide improved bicycle/pedestrian crossings better connecting to additional bicycle/pedestrian facilities across and along El Camino Real. This project centers the most vulnerable road users with the least mobility autonomy, giving access to low- to medium- income community members who may not be able to drive or afford a vehicle.

It aligns with local planning efforts including the Los Altos Complete Streets Master Plan (CSMP), and ranked #1 priority project for bike improvements in the CSMP. It aligns with Los Altos’ Climate Action Plan as well. The project contributes to the regional planning framework by connecting people to areas that will have future growth in housing, jobs and transit.

This project supports Transit-Oriented Development Policy by creating a viable means of traveling from neighborhoods along the corridor, and from many new housing developments planned or under construction in downtown Los Altos, along N San Antonio Rd to the Caltrain Station (connecting to Mountain View’s green bike lanes along the final short stretch of N San Antonio). It would also provide a safe route for these residents to travel to the transit lines along El Camino Real.

Regional Growth
Geographies
Does the project
support PBA
2050 Growth
Geographies?
Indicate the project’s relationship to Plan Bay Area 2050 Growth Geographies:
4 9
One Bay Area Grant (OBAG 3) – County & Local Program
Santa Clara County Template Application Form (v1)
Priority Development Area (PDA)
☐ Meets the uniform definition of a PDA-supportive project (within one mile or less of a PDA boundary)
☒ Does not meet the uniform definition of a PDA-supportive project, but otherwise has a clear and direct connection to PDA implementation
While this project does not fall in the regional PDA, it does meet those same standards for the City of Los Altos. This is a corridor where the city would like to see increased density and foot traffic, creating a clear network and linking key destinations. This corridor within the city connects retail, residential, downtown, the Community Center, the library, City Hall, restaurants, post office, banks, medical facilities, utilities, schools, gyms, fitness studios, salons, real estate, local markets.

Dense, walkable corridors at the city-scale serve to improve MTC’s broader regional development goals and address the transportation, development, and service issues that have driven this process for the region.
☐ Included in a locally-adopted PDA plan (e.g. Specific Plan, PDA Investment and Growth Strategy)
Locally-adopted PDA plan reference
Transit Rich Area (TRA)
☒ Within a TRA or otherwise supportive of a TRA (see Growth Geographies map) This project corridor is located entirely within the most prominent Growth Geography area in Los Altos, designated a High-Resource Area. It connects the community in the foothills, isolated by the Foothill Expressway with limited crossings, to the transit-rich corridors along El Camino Real and Mountain View with improved bicycle access.

What previously would have been a two-mile drive can be a relatively flat bicycle ride to access local bus routes and regional transportation hubs, like the Mountain View Caltrain stations. This project would provide a last-mile solution for all the neighborhoods along North San Antonio Rd who are trying to access transit on El Camino Real and at the Caltrain stations.

Priority Production Area (PPA)
☐ Supports the preservation of a PPA (see Growth Geographies map) Please describe
Equity Priority
Communities
Does the
project
invest in
historically
underserved
communities?
Indicate how the project invests in historically underserved communities, including Plan Bay Area 2050 Equity Priority Communities (EPCs):
☐ Located within and supportive of an EPC (see Equity Priority Communities map) ☒ Not located within an EPC, but is otherwise supportive of an EPC or other historically underserved community
In Los Altos, much of the workforce does not live in the City. These teachers, artists, retailers, construction workers, medical technicians, food service workers, etc., are still a part of the community. By creating bicycle and pedestrian infrastructure that connects to these broader networks, Los Altos provides access for its workforce commuters, many of whom may not be able to afford a personal vehicle. By opening up transportation opportunities for low- and moderate-income members of the community who travel from all over the Bay Area to participate in the regional economy, Los Altos hopes to give many alternatives to personal vehicle purchases and single-occupancy trips. Additionally, this project serves the public schools in this region of Los Altos, which are attended by elementary and high school students from Mountain View and other Adjacent cities.

Local Housing
Policies
Is the project located in
a jurisdiction with
policies that
support
affordable
housing?
Indicate if the project is locate in a jurisdiction that has adopted policies which support the “3Ps” approach to affordable housing by listing the relevant adopted policies for each element of the 3Ps. Additional guidance and resources on affordable housing policies are provided on the OBAG 3 webpage.
5 10
One Bay Area Grant (OBAG 3) – County & Local Program
Santa Clara County Template Application Form (v1)
☒ Protect current residents from displacement (with emphasis on policies that have demonstrated effectiveness in community stabilization and anti-displacement).

The City of Los Altos follows all State laws regarding protecting residents from displacement. The current Housing Element of the General Plan includes policy on “Preservation, Conservation, Rehabilitation, and New Construction.” The updated/new Housing Element is currently being drafted with extensive community input and is scheduled for adoption in 2023. It provides more up-to-date and thorough policy on the 3 P’s, including but not limited to: policy on the diversity and density of housing types, rezoning for RHNA shortfall, higher density housing in commercial and office districts, new affordable housing units, inclusionary zoning, affordable housing in-lieu fees, funding assistance, and compliance with current State Law.

City of Los Altos Housing Element 2015-2023:
- Program 1.1.2 – Help secure funding for housing assistance programs. - Program 3.1.1 – Support efforts to fund homeless services. - Program 6.1.1 – Discourage senior-only housing from converting to other uses. - Program 6.1.2 – Assist seniors to maintain and rehabilitate their homes. ☒ Preserve existing affordable housing (with emphasis on policies that have demonstrated effectiveness in community stabilization and anti-displacement).

City of Los Altos Housing Element 2015-2023:
- Program 3.2.2 – Recognize the statutory requirements for transitional and supportive housing.
- Program 3.2.3 – Provide incentives and amend the City’s Zoning Ordinance for compliance with statutory requirements for single-room occupancy residences to address the needs of extremely low-income households.
- Program 4.1.1 – Monitor condominium conversion.
- Program 4.1.2 – Conserve small houses in areas of small lot sizes. ☒ Produce new housing at all income levels.

City of Los Altos Housing Element 2015-2023:
- Program 1.2.1 – Support rezoning from office to medium-density multifamily. - Program 2.1.1 – Encourage diversity of housing.
- Program 2.1.2 – Implement multifamily district development standards. - Program 2.2.1 – Provide development incentives for mixed-use projects in commercial districts.
- Program 2.3.1 – Implement density bonuses.
- Program 4.2.1 – Facilitate new construction of second dwelling units. - Program 4.3.1 – Assist in the development of affordable housing. Includes the following actions:
+ Transfer the City’s annual CDBG allocation to the County for projects that serve the Los Altos community.
+ Provide funding to participate in a multi-jurisdictional housing finance program (such as a Mortgage Revenue Bond or Mortgage Credit Certification Program). + Apply for state and federal funding on behalf of a nonprofit, under a specific program to construct affordable housing including persons with physical disabilities or developmental disabilities.
- Program 4.3.4 – Continue to encourage maximum densities. - Program 6.2.1 – Provide senior housing density bonuses and development incentives.

Community Support
6 11
One Bay Area Grant (OBAG 3) – County & Local Program
Santa Clara County Template Application Form (v1)
Community Support
Does the
project have
community support,
particularly if it is
located in a historically
underserved
community?
_________________
___
Indicate if the project has demonstrated community support through one or more of the following:
☒ Public outreach responses specific to this project, including comments received at public meetings or hearings, feedback from community workshops, or survey responses.

This project ranks as the #1 prioritized project in the Complete Streets Master Plan, scheduled for adoption this fall. The 2022 Los Altos Complete Streets Master Plan process included a community survey, interactive map, and conceptual design review. Additionally, there were four Complete Streets Master Plan Task Force meetings, eleven Complete Streets Commission meetings, three City Council Study Sessions, and three community workshops.

Specific to this corridor, the City received many requests and wishes to be able to more safely bike and walk to the destinations along N San Antonio Rd, including the library, community center, and local businesses and restaurants. Some comments from residents included:
"The existing Class II bike lanes north and south on high-speed San Antonio Road are inadequate and discourage bicycle commuting.”
“Need safer biking path to / from Caltrain Station alongside San Antonio Rd.” ☒ Project is consistent with an adopted local transportation plan.

This project ranks as the #1 prioritized bicycle infrastructure project in Los Altos’ Complete Street Master Plan, scheduled for adoption this fall. Prioritization was based on the vision and ranking criteria developed through months of community outreach, stakeholder outreach, and Complete Streets Commission discussion. San Antonio Rd is also called out as a priority corridor for bicycle improvements in the Los Altos Bicycle Transportation Plan, adopted in 2012.

Indicate if the project has demonstrated support from communities disproportionately impacted by past discriminatory practices, including redlining, racial covenants, urban renewal, and highway construction that divided low income and communities of color.

Resources for identifying impacted communities are available on the OBAG 3 webpage.

Community support may be demonstrated through one or more of the following:
☒ Prioritization of the project in a Community Based Transportation Plan (CBTP) or Participatory Budgeting (PB) process, or a local plan that includes the proposed project.

The City of Los Altos utilizes a Pavement Management Program (PMP) to maintain its 112 miles of streets. The Los Altos Complete Streets Master Plan recommends the implementation of miles of bicycle improvements and infrastructure recommendations. This project ranked #1 among hundreds of bicycle improvements.

This project would create a safe route for all residents of the community, including residents, workers, and students, to reach key destinations in Los Altos by bicycle. ☐ Endorsements from a Community-Based Organizations representing historically underserved and potentially impacted communities.

Description of CBO endorsement
Deliverability & Readiness
Project Readiness
Is the project ready to
be delivered?
Describe the readiness of the project, including right-of-way impacts and the type of environmental document/clearance required:

The project is ready to move forward and be delivered. All the improvements will be implemented within the public right-of way, therefore there will not be any right-of-way impacts, and there are no anticipated environmental clearance issues.

If the project touches Caltrans right-of-way, include the status and timeline of the necessary Caltrans approvals and documents, the status and timeline of Caltrans requirements, and approvals such as planning documents (PSR or equivalent) environmental approval, encroachment permit.
7 12
One Bay Area Grant (OBAG 3) – County & Local Program
Santa Clara County Template Application Form (v1)
n/a
Deliverability
Are there any barriers to
on-time delivery?
Describe the project’s timeline and status, as well as the sponsor’s ability to meet the January 31, 2027 obligation deadline:

The City of Los Altos will be able to meet the January 31, 2027 obligation deadline, and it is anticipated that upon design finalization, construction can commence rapidly.

Identify any known risks to the project schedule, and how the CTA and project sponsor will mitigate and respond to those risks:

This project does not anticipate any additional risks, aside from possible COVID or supply chain setbacks that are generally affecting the broader construction industry, and will be working closely with construction contractors and county public health guidance to mitigate that risk. Material and labor sourcing will be included in the timeline, and public health orders will be followed as mandated by the county and state.

Project Cost & Funding
Grant Minimum
Does the project meet
the minimum grant size
requirements?
☒ Project meets the minimum grant size requirements. Projects must be a minimum of $500,000 for counties with a population over 1 million (Alameda, Contra Costa, and Santa Clara counties) and $250,000 for counties with a population under one million (Marin, Napa, San Francisco, San Mateo, Solano, and Sonoma counties).

Exception request to minimum grant size
Local Match
Does the project meet
local match
requirements?
☒ Project sponsor will provide a local match of at least 11.47% of the total project cost.

Los Altos will provide at least a 20% match of the total project cost using a combination of CIP funds, including Annual Bike and Pedestrian Access Improvements, Annual Concrete Repair, Annual ADA Improvements, Annual Street Striping, Annual Transportation Enhancements, and Annual Street Resurfacing.

Additional Criteria
Fix-It First Road
Preservation
Preservation of the local
streets and roads on
federally eligible
arterials and collectors
☐ Project meets the requirements for federal-aid eligible system. Confirmation is required through the Highway Performance Monitoring System and attached to the application prior to award of funds.

Please describe and include location map(s) indicating segment(s).

Project Benefits
What are the merits of
the project beyond
adherence to PBA 2050
policies?
Describe the project’s benefits, such as addressing safety, gap closure or connectivity, VMT reduction, planned housing density with a transportation nexus, transportation to housing and/or jobs.

The Los Altos N. San Antonio Complete Streets project will address safety, gap closure/connectivity, and VMT reduction through the construction of safe, comfortable bicycle and pedestrian infrastructure. The N. San Antonio corridor currently represents a significant barrier to safe travel by people walking, biking, or rolling from one end of the City to the other, including to key commercial destinations, residential areas, downtown, the library, the community center, city hall, and countless local businesses, restaurants, and stores. The improvements will create defined space, separating pedestrians and cyclists from motor vehicle traffic, eliminating conflicts due to speed differentials, and reducing chances of vulnerable road users being hit. This corridor will be safer for these vulnerable roadways users and will provide a connection where a gap currently exists. Additionally, because these improvements are specifically engineered for people walking or riding bicycles, this creates a new connection currently viewed by the public as not safe for people biking. This new connection could further incentivize travel and time spent without a personal vehicle. The area along the N. San Antonio corridor is currently seeing an influx of high-density housing development, and residents in these new developments may create additional demand for the car-free lifestyle that is convenient and attractive when living near downtown and along a corridor that is well-designed for bike and transit use. 8 13
One Bay Area Grant (OBAG 3) – County & Local Program
Santa Clara County Template Application Form (v1)
The narrowing of existing vehicle lanes along N. San Antonio is also designed to reduce the speed of motor vehicles in the project area. This project will reduce the frequency and potential severity of injury collisions within the project area by reducing speeding.

The effect of reducing vehicle lane widths from 12+ feet wide to 10 feet can reduce vehicle speeds by 6.6 mph (FHWA-SA-07-011, 2007).

The Complete Streets project will also reduce congestion, as these improvements will likely increase the number of people walking and biking along this corridor between neighborhoods, commercial destinations, transit stops, and civic spaces. More families walking and rolling will reduce the amount of car traffic, thereby reducing related congestion on collectors, arterials, and local streets.

Finally, this project will facilitate Los Altos community members and residents to be more sustainable by making different transportation modes more appealing, which plays a significant role in reducing congestion and encouraging walking/biking. All of these will reduce measured pollutants, including PM2.5, PM10, CO, VOC, and NOx, most notably those associated with on-road mobile source emissions.

Program Category(ies) Sponsors: please indicate in which program category(ies) you are applying. □ Fix-it-First ⌧ Complete Streets ⌧ Safe Routes to School □ Planning 9 14
One Bay Area Grant (OBAG 3) – County & Local Program
Santa Clara County Template Application Form (v1)
Project Cost & Funding
OBAG 3 Grant Request:

Total Grant Request $ 7,298,096
Project Cost & Schedule:

Project Phases Total Cost
Secured Funds Unsecured Funds Schedule
(Start dates: Planned,
Actual)
Amount Fund Sources
OBAG 3 Grant
Request
Remaining Funding
Needed
Planning/
Conceptual
$0 $0 Secured fund sources, notes $ $ Month/Year
Environmental
Studies (PA&ED)
$0 $0 Secured fund sources, notes $ $ September 2022
Design
Engineering
(PS&E)
$ 1,403,480 $280,696 Local City Funds $1,122,784 $ March 2023 Right-of-way $0 $0 Secured fund sources, notes $ $ Month/Year Construction $7,719,140 $1,543,828 Local City Funds $6,175,312 $ July 2024 Total $9,122,620 $1,824,524 $7,298,096 $
Project Investment by Mode:

Mode
Share of project
investment
Auto 35%
Transit 15%
Bicycle/Pedestrian 50%
Other %
Total 100%
10 15
1 Melissa Thurman
From: Roberta Phillips <[email protected]>
Sent: Friday, May 10, 2024 2:56 PM
To: Public Comment; City Council
Subject: Update San Antonio Rd Project
Dear Council members
Here is the link to the YouTube video .
https://mail.google.com/mail/u/0/#search/anita%40atanda.com/FMfcgzGxStwJbMTfqCmGmvpmxrscbT Tr?projector=1
Sincerely
Roberta
16 1
Melissa Thurman
From: Bill Hough <[email protected]>
Sent: Friday, May 10, 2024 3:47 PM
To: Public Comment; City Council; Roberta Phillips
Subject: [External Sender]Re: San Antonio Rd project May 10.2024 Council Meeting Public Comment
Attachments: Project_Authorization_Report_V2.pdf
Roberta.

With all the craziness going on in city politics, i can't get as upset about this. However, some answers:
"The OBAG grant is for seven million dollars. How much will the City of Los Altos need to contribute or match?"
See attached TIP report and add the two "Other local" fund lines.

Once the city gets a grant such as this one, it will look bad for the city to cancel it, so you will have an uphill fight. But good luck if you move forward.
" According to Captain Krauss of the Los Altos Police, there have been no fatalities in the past ten years." In 2005, my best friend's father was struck and killed while crossing San Antonio, which is way there are flashing crosswalk lights on thar road.

On Friday, May 10, 2024 at 02:49:04 PM PDT, Roberta Phillips <[email protected]> wrote:

Dear Council Members
Consent Item #6 on the May 10,2024 City Council Meeting asksthat Council approve a resolution to move forward with installing protectedbike lanes along San Antonio Rd from Foothill Expressway to El Camino along with additional lighting and other road changes. The City applied for a $7,298,096 grantfrom One Bay Area Grant ( OBAG 3) which isattached. The application states that : This project seeks to create...protected bikeways by installing bollards ( vertical structures) , narrowing vehicle lanes, and slowing down traffic.

It is very tempting for the City to have a goal to receive more than seven million dollars from MTC. The goal however should be to provide public safety for all modes of transportation . Bicyclists need to be safe. People driving cars need to be safe. People needing emergency services need to feel safe. We cannot have a trade off where one group has a higher level of safety than another.
17 2
I made a public records request a week ago requesting the City of Los Altos provide the data on accidents or fatalities on San Antonio Rd involving pedestrian and bike accidents or fatalities over the past three years. According to Captain Krauss of the Los Altos Police , there have been no fatalities in the past ten years. I suspect that there are no serious vehicle accidents involving cyclists or pedestrians. I am waiting for this accident data. I believe this data is critical to decision making and planning for the city.

Sincerely
Roberta Phillips
650-941-6940
https://www.berkeleyside.org/2024/05/06/berkeley-fire-department-road-safety-emergency-response

https://www.youtube.com/watch?v=K-Pjyp3G5ek
https://www.berkeleyside.org/2024/05/06/berkeley-fire-department-road-safety-emergency-response 18 1
Melissa Thurman
From: Douglas Gruehl <[email protected]>
Sent: Saturday, May 11, 2024 5:54 PM
To: Public Comment
Subject: San Antonio Road Project
A resounding NO to this proposed project.

Carpe Diem
Douglas W. Gruehl
108 North Avalon Drive
19 1
Melissa Thurman
From: Pat Marriot <[email protected]>
Sent: Monday, May 13, 2024 10:10 AM
To: Public Comment
Subject: PUBLIC COMMENT ITEM#10 MAY 13, 2024
Council Members:

The staff report is confusing. In one place it says: “Whether in person or remote, members of the public may participate from anywhere in the world and are not required to live in the City of Los Altos to speak on any item on the agenda, or on items not on the agenda.”
That’s no longer true, since Council decided to eliminate Zoom comments last July.

The staff report asks, “1. Does the City Council want to allow remote public comments during Council meetings or to discontinue the practice?”
Again, you discontinued the practice in July, so the questions should simply be whether you want to ALLOW the practice again.

I hope you vote to allow remote public comment. Surveying every city in CA is not the way to make a decision.

The issue is participation. Los Altos should be a city that welcomes public input, whether from those who are able to attend a meeting in person or those who are home-bound for a variety of reasons.

Thank you,
Pat Marriott
20 21
1 Melissa Thurman
From: Los Altos Residents <[email protected]> Sent: Sunday, May 12, 2024 7:17 PM
To: Public Comment
Subject: 123 People took the LAR Survey re Public Comments via Zoom May 2024 Attachments: LOS ALTOS RESIDENTS SURVEY RESULTS RE PUBLIC COMMENTS VIA ZOOM - MAY 2024.pdf; LAR News Bite May 2024.pdf; Town Crier Online Article re LAR Poll Remote Public Comments at City Council & Commission mtgs 5-8-2.pdf Dear Mayor Weinberg, Vice Mayor Dailey, and Council Members Lee Eng, Fligor, and Meadows:

Los Altos Residents (LAR) conducted a survey from May 3rd to 12th which asked whether residents of Los Altos would like you to restore their ability to make Public Comments remotely when attending a City Meeting remotely (via Zoom).
123 Persons responded to the LAR Survey
117 (95%) are residents of Los Altos
102 (82.93%) want Council to restore their ability to make Public Comments remotely when attending a City meeting remotely;
Based on the responses from 123 persons, 95% of whom are residents of Los Altos, the overwhelming majority of respondents want the Council to restore their ability to make Public Comments remotely when attending a Council or Commission meeting remotely.

Background:

On May 3rd Los Altos Residents (LAR) sent its 1100+ subscribers a LAR News Bite that provided the Survey and the background explaining when and why the City stopped allowing Public Comments to be provided remotely when attending a Council or Commission meeting remotely. The News Bite described safeguards other nearby cities had initiated to prevent "Zoom bombing." On May 8th and 11th, sent the survey out again to its subscribers. The Survey was forwarded to private email groups by a number of residents and was circulated on Nextdoor.

On May 8th, the online version of the Los Altos Town Crier (losaltosonline.com) featured an article about the LAR Survey and provided the link for its subscribers to respond to the LAR Survey.

The Survey Results are attached to this email along with the 68 comments.

The LAR News Bite is attached to this email.

The Los Altos Town Crier online article about the LAR Survey with a link to the survey is attached to this email.
22 2
Members of the Los Altos Residents Steering Committee submit this information to the Council with the hope that each of the Council Members will carefully read the Survey Results and Comments, the LAR News Bite, and the Town Crier article.

We hope that Council will listen to the voices of the residents who took the time to fill out this Survey based on LAR's promise to deliver the results of the survey to you, the Council Members elected to serve our needs.

Respectfully,
Freddie Wheeler
Chair, Co-founder
Los Altos Residents
www.LosAltosResidents.org
23 Take this Survey and Let Your Voice be Heard
Do You Want to Make Public Comments When
Attending Council and Commission Meetings
Via Zoom?
Los Altos Residents (LAR) is conducting a survey of residents to determine whether you want to make Public Comments when you attend Council or Commission meetings via Zoom.

The Council will revisit this issue on May 14th. To let the City Council know what you want them to do - take this survey.

LAR will provide the Council with the survey results before they revisit whether to allow Public Comments by those attending City meetings via Zoom. We will only provide Council with the Percentages for each answer and the comments. Names will not be shared with Council.

CLICK HERE TO TAKE THE SURVEY
24 or use QR Code
Background:

On October 24, 2023, the Los Altos City Council held a closed session special meeting to discuss the nationwide spate of Zoom bombings, where extremists disrupt meetings with abusive hate speech and offensive images.

To stop these disturbances, Council suspended all Zoom and/or remote participation at city council and commission public meetings. That means you can observe these meetings but are no longer allowed to make a Public Comment from a remote location. To comment, you must send an email in advance of the meeting or attend in person.

This ruling has caused some concern about limiting public participation of residents with disabilities, caretakers, parents with young children, those who can’t drive at night, among others with constraints that do not allow in-person attendance. Coincidentally, there has been a notable decline in Zoom attendance at City Council and Commission meetings.

Not all municipalities have taken these measures. Some are enacting safeguards to allow residents to participate without having to show up in person.

Neighboring cities like Atherton, Los Altos Hills, Mountain View, Menlo Park, Palo Alto, Los Gatos, Cupertino, and Sunnyvale, as well as Santa Clara County, continue to allow virtual participation.
25 To mitigate the problem, Atherton is disabling the Zoom chat feature and preventing remote callers from unmuting themselves or sharing screens. It also reserves the option to remove or suspend participants. Other cities are putting a time delay on remote comments.

Sunnyvale Mayor Larry Klein said, “The hybrid meetings provide a lot of value and that’s why council made the decision in the long term to maintain that hybrid option.”
It’s important to let the Los Altos City Council know If you want to restore virtual participation in all city public meetings when they discuss this issue on May 14th.

To receive information about what's happening in Los Altos, sign up as a subscriber to Los Altos News Bites.

LosAltosResidents.org
LAR News Bites is meant to keep residents informed about important city issues.

Let us know how we can best keep you up to date.

Please contact [email protected]
Los Altos Residents (LAR) Mission Statement
To ensure Los Altos residents' interests are accurately assessed and represented by City Council, Commissions and Staff.

Thank you!
Learn more about LosAltosResidents.org
26 27

LOS ALTOS RESIDENTS SURVEY RESULTS
MAY 2024
Q1 INFORMATION REMAINS CONFIDENTIAL.
28 29

COMMENTS
30 31
32 33
34 35
36 37
38 39
40 41
42 43

CITY OF LOS ALTOS

CITY COUNCIL MEETING MINUTES
TUESDAY, APRIL 30, 2024
7:00 p.m.
1 N. San Antonio Rd. ~ Los Altos, CA
Jonathan D. Weinberg, Mayor
Pete Dailey, Vice Mayor
Neysa Fligor, Councilmember
Lynette Lee Eng, Councilmember
Sally Meadows, Councilmember
CALL MEETING TO ORDER – Jonathan D. Weinberg, Mayor, called the meeting to order at 7:05 p.m.

ESTABLISH QUORUM – All Councilmembers were present.

PLEDGE OF ALLEGIANCE – Jonathan D. Weinberg, Mayor, led the Pledge of Allegiance.

REPORT ON CLOSED SESSION
There was no reportable action taken for the Closed Session meeting of April 30, 2024 at 5:00 p.m.

CHANGES TO THE ORDER OF THE AGENDA
There were no changes to the order of the agenda.

SPECIAL ITEM
Introduction of Brock the Los Altos PD K-9 to the City Council and public Brian Werner, Los Altos Police Officer, introduced Brock the K-9 Officer to the City Council and public.

Proclamation recognizing May as Bike Month
Jonathan D. Weinberg, Mayor, presented the proclamation to Ari Frank, a Gardner Bullis Elementary Student, who read the proclamation.

Proclamation Recognizing May 5 - May 11, 2024 as Municipal Clerks Week Jonathan D. Weinberg, Mayor, presented the proclamation to Melissa Thurman, City Clerk for the City of Los Altos.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
The following members of the public spoke during Public Comment:
 James Kingman

CONSENT CALENDAR
Motion by Fligor and Second by Meadows to approve the Consent Calendar. Motion carried unanimously by roll call vote for Item 1. Motion carried 4-1 by roll call vote with Councilmember Lee Eng opposed for Item 2.

1. Approve the Special and Regular Meeting Minutes for the Meeting of April 9, 2024 44 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
April 30, 2024

Page 2 of 4 ends

2. Adopt Zoning Ordinance Text Amendments which implement programs identified in the adopted housing element, Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs), and Program 6.G: Housing Mobility, and necessary amendments to comply with State law; and consideration of the City of Los Altos Planning Commission’s March 21, 2024, recommendation with modifications and find that this ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970

PUBLIC HEARINGS

3. 425 1st Street-Project Modification: City Council Consideration of Modification Request of Approved Design Review Permit 18-D-06 and Subdivision 18-SD-04 for the property located at 425 First Street, Los Altos, CA. The Modification Request is to change the existing below market rate unit mix from one (1) low-income unit and two (2) moderate-income units to a proposed below market rate unit mix of three (3) lowincome units and one (1) moderate-income unit. This project has already been approved and consideration of this item is limited to the requested modification for the below market rate unit mix. The proposed project modification request is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment
Sean Gallegos, Senior Planner, presented the report.

Jeff Warmeth, Project Applicant, provided additional comments.

Jonathan D. Weinberg, Mayor, opened the Public Hearing.

There were no speakers during the Public Hearing.

Jonathan D. Weinberg, Mayor, closed the Public Hearing.

Motion by Dailey and Second by Fligor to approve the Modification Request of Approved Design Review Permit 18-D-06 and Subdivision 18-SD-04 for the property located at 425 First Street, Los Altos, CA. The Modification Request is to change the existing below market rate unit mix from one (1) low-income unit and two (2) moderate-income units to a proposed below market rate unit mix of three (3) low-income units and one (1) moderate-income unit. This project has already been approved and consideration of this item is limited to the requested modification for the below market rate unit mix. The proposed project modification request is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment. Motion carried 4-1 by roll call vote with Councilmember Lee Eng opposed.
45 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
April 30, 2024

Page 3 of 4 ends

DISCUSSION ITEMS

4. Discuss Los Altos Municipal Code Chapter 3.52 Public Art Fund and provide staff direction on potential ordinance amendments
Anthony Carnesecca, Assistant to the City Manager, presented the report.

The following members of the public spoke regarding the item:
 Karen Zucker
 Maddy McBirney
 Jeanine Valadez
The City Council provided direction on potential future ordinance amendments.

Discussion item only. No motion taken.

The City Council took a recess at 8:34 p.m.

The City Council reconvened at 8:44 p.m.

5. Discussion regarding updated Development Services – Development Impact Fees based on the completed Study by Matrix Consulting Group and provide staff direction on returning to the next possible City Council Meeting
Khushboo Ingle, Matrix Consulting Group, presented the report.

The following member of the public spoke regarding the item:
 Anne Paulson
The City Council provided direction for the project.

Discussion item only. No motion taken.

6. Create a process to select a representative to be on the Sourcewise advisory council Manuel Hernandez, Parks & Recreation Director, presented the report.

There were no speakers for the item.

The City Council provided direction to select a representative to be on the Sourcewise advisory council.

Discussion item only. No motion taken.

INFORMATIONAL ITEMS ONLY
There will be no discussion or action on Informational Items

7. Tentative Council Calendar and Housing Element Update Implementation Calendar 46 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
April 30, 2024

Page 4 of 4 ends

8. Legislative Update on AB43 (Traffic Safety)

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS  Pete Dailey, Vice Mayor – Requested a future agenda item:
 Increasing Police Department budget to hire a dedicated resource for parking and traffic enforcement. (No support)
 Lynette Lee Eng, Councilmember – Requested a future agenda item:
 Requested an evaluation for the City Attorney (No support) ADJOURNMENT – The regular meeting adjourned at 10:12 p.m.

The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting of May 14, 2024.
_________________________________ __________________________________ Jonathan D. Weinberg Melissa Thurman, MMC
Mayor City Clerk
The April 30, 2024 City Council meeting recording may be viewed via the following external website: https://www.youtube.com/@CityofLosAltosCA
The City of Los Altos does not own or operate YouTube. The video referenced on these minutes were live at the time the minutes were published.
47 Agenda Item # 1.

CITY OF LOS ALTOS

CITY COUNCIL MEETING MINUTES
TUESDAY, APRIL 30, 2024
5:30 p.m.
1 N. San Antonio Rd. ~ Los Altos, CA
Jonathan D. Weinberg, Mayor
Pete Dailey, Vice Mayor
Neysa Fligor, Councilmember
Lynette Lee Eng, Councilmember
Sally Meadows, Councilmember

SPECIAL MEETING
CALL MEETING TO ORDER: Mayor Weinberg called the meeting to order at 5:48 p.m.

ESTABLISH QUORUM:

All Councilmembers were present and in person during the meeting.

DISCUSSION ITEM(S)

1. Receive presentation from Santa Clara Valley Transportation Authority (VTA) on the Homestead Corridor Project.

Hassan Basma, Transportation/Traffic Engineer, VTA, presented the report.

The following member of the public spoke regarding the item:
 Nanette Jackson
Informational item only. No motion taken.

ADJOURNMENT – The meeting adjourned at 6:50 p.m.

The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting of May 14, 2024.
_____________________________________ __________________________________ Jonathan D. Weinberg Melissa Thurman, MMC
Mayor City Clerk
The April 30, 2024 City Council Special Meeting recording may be viewed via the following external website: https://www.youtube.com/@CityofLosAltosCA The City of Los Altos does not own or operate YouTube. The video referenced on these minutes were live at the time the minutes were published.
48 Agenda Item # 1.

City Council Agenda Report
Meeting Date: May 14, 2024
Prepared By: Melissa Thurman, City Clerk
Approved By: Gabriel Engeland, City Manager
Subject: Adopt a Resolution calling for a General Municipal Election to be held on November 5, 2024 for three City Council seats and requesting the services of the County of Registrar of Voters to conduct the election and consolidate it with the General Election

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Adopt a Resolution calling for a General Municipal Election to be held on November 5, 2024 for three City Council seats and requesting the services of the County of Registrar of Voters to conduct the election and consolidate it with the General Election

FISCAL IMPACT
The estimated cost of conducting the election in partnership with Santa Clara County Registrar of Voters is approximately $100,000. The city expects to receive an invoice from the Registrar’s office after the election is finalized in early December.

Any staff time used for the election will fall under expected activities and duties of the City Clerk’s Office.

ENVIRONMENTAL REVIEW
Not applicable.

PREVIOUS COUNCIL CONSIDERATION
None

DISCUSSION/ANALYSIS
Consolidation of the Municipal Election with the General Election and requesting election services from the Santa Clara County Registrar of Voters is in line with past practices of the City and results in substantial cost savings to the City.

ATTACHMENTS

1. Resolution
49 Agenda Item # 2.

Resolution No. 2024-__ Page 1
RESOLUTION NO. 2024-__

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

CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF

CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS

OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES,

AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF

SANTA CLARA TO CONSOLIDATE SAID ELECTION PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the General Election to be held on the same date and that within the City the precincts, voting centers and election officers of the two elections be the same, and that the Registrar of Voters of the County of Santa Clara canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Los Altos as follows:

SECTION 1. That pursuant to the requirements of the Elections Code of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Los Altos, California on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing at large three Members of the City Council for the full term of four years (ending November 2028); and
SECTION 2. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Santa Clara is hereby requested to consent and agree to the consolidation of said election with the General Election on Tuesday, November 5, 2024 and
SECTION 3. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election and only one form of ballot shall be used; and SECTION 4. That the City of Los Altos recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs; and
SECTION 5. That the City Clerk is authorized, instructed and directed to coordinate with the County of Santa Clara Registrar of Voters to procure and furnish any and all official 50 Agenda Item # 2.

Resolution No. 2024-__ Page 2
ballots, notices, printed matter, and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election; and SECTION 6. That the ballots to be used at the election shall be in form and content as required by law. Voters shall vote for a maximum of three candidates; and SECTION 7. That candidates shall be permitted to submit a single Candidate Statement, with a maximum of 200 words, for inclusion in the Sample Ballot; and pursuant to Section 13307 of the Elections Code, the City Council hereby determines to levy against each candidate availing himself or herself of the service of including a candidate’s statement not to exceed two hundred (200) words in length in the voter’s pamphlet, the actual prorated costs of printing, handling and translating the candidate’s statement, if any, incurred by the City of Los Altos. Such estimated costs to be determined by the Registrar of Voters. The City Clerk shall provide written notice to such effect with each set of nomination papers issued.

SECTION 8. All active registered voters will automatically be mailed a Vote-by-Mail ballot package beginning on October 7, 2024; the Vote Centers for said election will be open starting on October 22, 2024, through November 5, 2024, for varying hours of operations. A list of Vote Centers hours of operation will be posted on the Santa Clara County Registrar Of Voters website at https://sccvote.sccgov.org/home. The Vote Centers will be open on Election Day, November 5, 2024.

SECTION 9. That the consolidated election shall be held and conducted in the manner prescribed in Section 10418 of the Elections Code of the State of California; and SECTION 10. That pursuant to Section 10551 and 15651 of the Elections Code of the State of California, the method of determining the winner or winners in the event of a tie vote shall be by coin flip.

SECTION 11. That the following is listed below:
1) Names of all current Los Altos City Council Members
2) Term: Full or Short
3) Seats: Elected by Division or At-Large
Council Member Names Term: Full or Short Seats Elected by Division or AtLarge
Pete Dailey 2022-2026 Elected at Large
Neysa Fligor 2022-2026 Elected at Large
Lynette Lee Eng 2020-2024 Elected at Large
Sally Meadows 2020-2024 Elected at Large
Jonathan Weinberg 2020-2024 Elected at Large
51 Agenda Item # 2.

Resolution No. 2024-__ Page 3
SECTION 12. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of Santa Clara.

SECTION 13. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

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 14th day of May 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC
City Clerk
52 Agenda Item # 2.

City Council Agenda Report
Meeting Date: May 14, 2024
Initiated By: Staff
Prepared By: Harun Musaefendic, Assistant Civil Engineer Approved By: Aida Fairman, Public Works Director
Subject: Solid Waste Collection Rates: Consider adopting Resolution No. 2024-___, authorizing the increase of Solid Waste Collection Rates by 5.79% effective July 1, 2024; and finding it exempt from California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15273(a)

COUNCIL PRIORITY AREA
☒Business Communities
☐Circulation Safety and Efficiency
☒Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Adopt Resolution No. 2024-___, authorizing the increase of Solid Waste Collection Rates by

5.79% effective July 1, 2024

POLICY QUESTION(S) FOR COUNCIL CONSIDERATION
None

FISCAL IMPACT
A 5.79% increase in rates charged for service affects all ratepayers, including the City.

ENVIRONMENTAL REVIEW
The adoption of increased rates is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15273(a) in that CEQA does not apply to actions to set rates, tolls, fares, or other charges.

PREVIOUS COUNCIL CONSIDERATION
June 12, 2018; May 28, 2019; May 12, 2020; May 11, 2021; May 10, 2022; May 9, 2023

DISCUSSION/ANALYSIS
The City of Los Altos Municipal Code Section 6.12.020 (Charge for solid waste collection service) states that “Any and all charges for solid waste collection service shall be set forth in the franchise agreement, contract or the collection service agreement between the city and its franchised hauler.” 53 Agenda Item # 3.

The Franchise Agreement with Mission Trail Waste Systems (MTWS) provides for periodic rate adjustments based on the Water-Sewer-Trash Consumer Price Index, as defined below, and establishes that the next adjustment would apply to service beginning July 1, 2024.

The Franchise Agreement provides that MTWS shall charge service recipients an amount not to exceed the Maximum Service Rates (Attachment 1) approved by City Resolution as may be adjusted under the terms of the agreement.

The amended and restated Franchise Agreement was executed on April 23, 2020.

At its October 22, 2019 meeting, the City Council approved an extension of the Franchise Agreement concluded in 2020, which resulted in an amended and restated Franchise Agreement.

Per Section 4.02.2.5 of the Franchise Agreement, 2024 rate adjustments are calculated based on CPI, plus a Disposal Cost Change Rate Adjustment, plus an Organic Processing Costs Service Rate Adjustment. The Franchise Agreement commits the City to the 5.79% increase effective July 1, 2024, and requires that the City Council effectuate the increase by resolution. Under Sections

4.01 and 4.02.2.6, the City Council is required to take action by resolution to effectuate rate increases in accordance with the Franchise Agreement.

The City’s solid waste consultant, R3 Consulting Group, Inc. reviewed the hauler’s rate adjustment request with the following results:
 Validated the mathematical accuracy and the correct use of the index.  Validated the mathematical accuracy and logical consistency of the calculated Disposal Cost Change.
 Validated the calculated indexed increase.
 Confirmed that the indexed increase was applied correctly to last year’s rates.

ATTACHMENTS

1. Maximum Rates for Adoption (FY 2024/25)

2. Resolution 2024-____
54 Agenda Item # 3.
20 32 64 96
1 $47.58 $51.26 $102.49 $153.76
1 $45.57
1 $45.57
City
Contract
Rate
Garbage Cart Sizes (gallons)
Exhibit 1a
Maximum Service Rates – SFD Services
Effective July 1, 2024
A. CURBSIDE COLLECTION SERVICE

MONTHLY CURBSIDE RATE
2 Additional Curbside Garbage Cart – $47.58 $51.26 $153.76 (added to Line A2) B. ON-PREMISE COLLECTION SERVICE
1 MONTHLY ON-PREMISE RATE $65.36 $69.00 $120.25 $171.51 (5 – 100 ft) $102.49
$18.20 Each 100 feet (add to line B1 or B2)
2 Additional On-Premise Garbage Cart – $65.36 $69.00 $120.25 $171.51 (added to Line B2) 3 Additional Walk-in Distance – $18.20 $18.20 $18.20
D. ADDITIONAL CART EXCHANGE OR REPLACEMENT
C. ADDITIONAL BULKY WASTE COLLECTION
1 Additional On-Call Bulky Waste Collection
(Individual Large Items) $29.59
Each additional large item (over 3
Large Items per Bulky Waste
Collection)
3 Additional On-Call Bulky Waste Collection
(Loose) $43.00
Per cubic yard/occurrence (over 2
Bulky Waste Collections per
Agreement Year)
2 Collection of Large Items $86.01 Each item/each occurrence Containing Freon Disposal Facility Charge Per Ton Newby Island Sanitary Landfill Additional Garbage Cart Exchange Each occurrence
E. ON- CALL HHW COLLECTION
On-Call HHW Collection Each occurrence
F. DISPOSAL COST PER TON COST
4/15/2024 Los Altos Rates 24 - 25-FINALas
ATTACHMENT 1
55 Agenda Item # 3.
1X Week 2X Week 3X Week 4X Week 5X Week 6X Week
32 Gallon $51.25 $102.48 $153.75 $204.97 $256.23 $307.45 64 Gallon $102.48 $205.00 $307.48 $410.03 $512.50 $615.01 96 Gallon $153.76 $307.47 $461.23 $614.98 $768.74 $922.43 1 CY BIN $201.08 $402.20 $603.26 $804.36 $1,005.45 $1,206.51 2 CY BIN $402.20 $804.36 $1,206.52 $1,608.70 $2,010.89 $2,413.06 3 CY BIN $603.25 $1,206.51 $1,809.81 $2,413.08 $3,016.34 $3,619.59 4 CY BIN $804.36 $1,608.70 $2,413.08 $3,217.39 $4,021.79 $4,826.17 6 CY BIN $1,206.51 $2,413.08 $3,619.59 $4,826.13 $6,032.66 $7,239.19 0 - 25 feet $37.86
No Charge increment over the first 25 feet
(must be approved by CITY)
$45.57
$29.59
$91.14
$45.57
$45.57
$318.99
$136.73
$136.73
$136.72
$45.57
$136.73
Exhibit 1b
Maximum Service Rates – Commercial and MFD Services
Effective July 1, 2024
Container Size
Collection Frequency
Bin Push Rates (rate multiplied by
collection frequency)
per month for each 25 feet
Disposal Charge Per Ton City Contract Rate Newby Island Sanitary Landfill Organic Waste Processing Charge Per Ton City Contract Rate Zanker Road Processing Facility Organic Waste Processing Charge Per Ton MTWS Contract Rate Newby Island Processing Facility, Mixed C&D, Inerts, Green Waste, Wood
Waste Processing Charge Per Ton City Contract Rate Newby Island Processing Facility On-Call Bulky Waste Collection (Loose) Per cubic yard/occurrence On-Call Bulky Waste Collection (Individual Large Items) Each item/each occurrence On-Call Bulky Waste – Large Items Containing Freon Each item/each occurrence Charge for Opening Locked Gate Per month
Charge for CONTRACTOR supplied lock Each lock
Charge for installing lock bar Each locking bar
Charge for special bin delivery Each special bin
Charge for extra bin service same day Each occurrence
Extra Bin Cleaning Each occurrence
Additional Garbage Bin Exchange Each occurrence
Charge for extra bin service not on regular collection day 1/2 of Monthly Rate Additional Bin Garbage Replacement Each occurrence
Charge for collecting manure 95% of Garbage rate
Charge for extra day bin service on regular collection day 1/3 of Monthly Rate 4/15/2024 Los Altos Rates 24 - 25-FINALas
ATTACHMENT 1
56 Agenda Item # 3.
$978.57 Per Pull $1,111.40 Per Pull
$978.57 Per pull $1,111.40 Per Pull
$1,111.40 Per pull $1,120.37 Per Pull
$1,120.37 Per pull $1,120.37 Per Pull
$1,120.37 Per pull $1,120.37 Per Pull
City Contract
Rate
Gate Rate
$218.78 Per week
$182.30 Per hour
$273.43 Per pull
$45.59 Per month
Exhibit 1c
Maximum Service Rates – SFD, MFD and Commercial Debris Box Services Effective July 1, 2024
10 CY Debris Box 10 CY Compactor
15 CY Debris Box 15 CY Compactor
20 CY Debris Box 20 CY Compactor
Organic Waste Processing
Charge Per Ton
30 CY Debris Box 30 CY Compactor
40 CY Debris Box 40 CY Compactor
Disposal City Contract
Rate Newby Island Sanitary Landfill Charge Per Ton
Organic Waste Processing MTWS
Contract Rate
Newby Island Processing Facility,
Charge Per Ton (must be approved by CITY)
Mixed C&D, Inerts, Green Waste, Wood Waste
Processing Charge Per Ton Newby Island Processing Facility Charge for Opening Locked Gate
Notes:

All 10, 20, 30, 40 CY debris boxes and compactors are pull rates only; disposal or processing will be based on actual disposal processing and the Franchise Fee will be 15% of the gross receipts per box (including collection, processing or disposal). The total customer rate will be the total cost for the collection, processing or disposal and the franchise fee.

Green Halo Projects Zanker Road Processing Facility
Demurrage Per Charge (not dumped every 7 days)
Per hour Stand-by Charge (box not ready to be pulled)
Saturday Service
4/15/2024 Los Altos Rates 24 - 25-FINALas
ATTACHMENT 1
57 Agenda Item # 3.
1X Week 2X Week 4X Week 5X Week 6X Week
32 Gallon $43.55 $87.12 $174.20 $217.79 $261.32
64 Gallon $87.14 $174.25 $348.51 $435.62 $522.75
96 Gallon $130.69 $261.36 $522.73 $653.42 $784.09
1 CY BIN $170.93 $341.86 $683.70 $854.60 $1,025.53
2 CY BIN $341.86 $683.70 $1,367.39 $1,709.26 $2,051.11
3 CY BIN $512.79 $1,025.53 $2,051.11 $2,563.88 $3,076.65 4 CY BIN $683.70 $1,367.39 $2,734.82 $3,418.53 $4,102.18 6 CY BIN $1,025.53 $2,051.11 $4,102.18 $5,127.77 $6,153.33 10 CY Debris Box $766.77 Per Pull $870.82 Per Pull
15 CY Debris Box $766.77 Per pull $870.82 Per Pull
20 CY Debris Box $870.82 Per pull $877.87 Per Pull
30 CY Debris Box $877.87 Per pull $877.87 Per Pull
40 CY Debris Box $877.87 Per pull $877.87 Per Pull
$9,564.31 per month
$114,771.60 per 12 months
$50.41 per ton MTWS transfer facility in Santa Clara
Exhibit 1d
Maximum Service Rates – City Services
Effective July 1, 2024`
Container Size
Collection Frequency
3X Week
15 CY Compactor
$130.66
$261.39
$392.08
$512.79
$1,025.53
$1,538.35
$2,051.11
$3,076.65
10 CY Compactor
Disposal City Contract Rate Newby Island Sanitary Landfill Charge Per Ton 20 CY Compactor
30 CY Compactor
40 CY Compactor
Public Containers Collection 7 days/week (as included in Exhibit 2) Green Waste Drop-off
Organic Waste Processing City Contract Rate Zanker Road Processing Facility Charge Per Ton Organic Waste Processing MTWS Contract Rate Newby Island Processing Facility, (must be Charge Per Ton approved by CITY)
Mixed C&D, Inerts, Green Waste, Wood
Waste Processing Charge Per Ton City Contract Rate Newby Island Processing Facility Notes:

Hourly Rate
$136.73
Labor Position or Equipment Type Make & Model Hourly Rate Truck and One person As needed $318.99
Exhibit 1f
Maximum Service Rates – Emergency Service Rates - Equipment Effective July 1, 2024
Exhibit 1e
Maximum Service Rates – Emergency Service Rates - Employees Effective July 1, 2024
Labor Position
As needed
4/15/2024 Los Altos Rates 24 - 25-FINALas
ATTACHMENT 1
59 Agenda Item # 3.

ATTACHMENT 2
Resolution No. 2024- Page 1
RESOLUTION NO. 2024-___

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

AUTHORIZING THE INCREASE OF SOLID WASTE COLLECTION RATES BY 5.79%, EFFECTIVE JULY 1, 2024
WHEREAS, the City of Los Altos Municipal Code Section 6.12.020 (Charge for solid waste collection service) states that “Any and all charges for solid waste collection service shall be set forth in the franchise agreement, contract or the collection service agreement between the City and its franchised hauler.”; and
WHEREAS, for the fifth year of the extended franchise term, the franchise agreement between the City of Los Altos and Mission Trail Waste Systems provides for a Service Rate Adjustment by CPI (calculated per Section 4.02.2.2 in the Agreement); and WHEREAS, the franchise agreement between the City of Los Altos and Mission Trail Waste Systems provides for a Change in Disposal Rate Adjustment for the rate adjustment effective July 1, 2024; and
WHEREAS, the franchise agreement requires the City Council to effectuate rate increases by resolution; and
WHEREAS, the City Council’s action in setting solid waste disposal fees is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15273(a).

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the increase of solid waste collection rates by 5.79% effective July 1, 2024.

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 14th day of May, 2024 by the following vote:
60 Agenda Item # 3.

ATTACHMENT 2
Resolution No. 2024- Page 2
AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, CITY CLERK
61 Agenda Item # 3.

COUNCIL PRIORITY AREA
☒Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Adopt the Public Works Department’s Microtrenching asphalt concrete (A.C.) Restoration Standard Detail SU-19A to comply with California Senate Bill 378.

POLICY QUESTION(S) FOR COUNCIL CONSIDERATION
None

FISCAL IMPACT
None

ENVIRONMENTAL REVIEW
This is exempt per California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 - Existing Facilities.

PREVIOUS COUNCIL CONSIDERATION
None

DISCUSSION/ANALYSIS
 In an effort to improve high-speed internet and provide connectivity to more Californians, the State implemented Senate Bill 378 (SB 378) on October 8, 2021. The intent of SB 378 is to accelerate the installation of fiber by utilizing “microtrench” method. SB 378 defines microtrench as a narrow opening excavation trench that is less than or equal to 4 inch in width and not less than 12 inch in depth and not more than 26 inches in depth that is created for the purpose of the installing subsurface pipe or conduits. SB 378 allows local agency 62 Agenda Item # 4.
with jurisdiction to approve excavation to limit utilization of microtrench for fiber and fiber ancillary equipment installation only. Local agency may limit microtrench method if it determine, in writing, that allowing microtrench for fiber installation will have a specific, adverse impact on the public health and safety. SB 378 also states it does not supersede, nullify, or otherwise alter the requirement to comply with safety standard or Public Utilities Commission General Order No. 128, or successor standard.  The Public Works Department is responsible for the review and approval of excavation permits, including installation of utilities within the public right-of-way. State’s adoption of SB 378 allows Staff to streamline the approval process to a very specific utility installation. Adopting Microtrenching A.C. Restoration Standard Detail SU-19A does not negate any safety requirements when issuing an excavation permit. The adoption of this standard does codify a method of installing fiber within the City’s limit that will minimize impact to the general public.

ATTACHMENTS

1. Microtrenching A.C. Restoration Standard Detail SU-19A

2. Resolution SU-19A Microtrenching Standard Detail
63 Agenda Item # 4.

EXISTING ASPHALT CONCRETE

SURFACING
N.T.S.
12" MIN. 26" MAX. DEPTH
A.C. EQUAL TO EXIST.

DEPTH, 4" MIN.

CONTROLLED DENSITY

FILL (CDF)
NOTE:

1. CONTROLLED DENSITY FILL (CDF) SHALL BE USED FOR BACKFILL, SEE CURRENT CITY STANDARD SPECIFICATIONS.

2. MICROTRENCHING SHALL ONLY BE USED TO INSTALL BROADBAND INFRASTRUCTURE AS NOTED IN SENATE BILL 378.

3. MICROTRENCHING SHALL NOT BE ALLOWED IN SIDEWALKS, GUTTERS AND DRIVEWAYS.

4. MICROTRENCHING SHALL NOT BE ALLOWED IN SIGNALIZED INTERSECTIONS UNLESS APPROVED BY THE CITY ENGINEER OR PUBLIC WORKS DIRECTOR.

5. THE MICROTRENCH RESTORATION SHALL BE CONSTRUCTED UTILIZING SAW CUTTING WITH CONTINUOUS UNIFORM, STRAIGHT AND NEAT EDGES.

6. MICROTRENCH ALIGNMENTS SHALL CONSIST OF RUNS PARALLEL TO THE CENTERLINE OF THE STREET, AND STREET CROSSINGS SHALL BE ALLOWED WITH ALIGNMENT PERPENDICULAR TO THE CENTERLINE OF THE STREET.

7. THE CONTRACTOR SHALL IDENTIFY ALL EXISTING UTILITIES, INCLUDING SERVICE CONNECTIONS IN THE FIELD. THE CONTRACTOR SHALL CALL 811 PRIOR TO MICROTRENCHING AND POTHOLE ALL CROSSING UTILITIES AND PARALLEL UTILITIES WITHIN 24" OF THE PROPOSED ALIGNMENTS.

8. THE EDGE OF THE MICROTRENCH SHALL BE A MINIMUM OF 24" FROM THE EXISTING EDGE OF PAVEMENT FOR THE STREETS THAT DO NOT HAVE CURB AND GUTTER. IF THE EDGE OF THE MICROTRENCH IS LESS THAN 36" FROM THE EDGE OF EXISTING PAVEMENT EXTEND RESTORATION FROM 12" TO THE EDGE OF PAVEMENT.

9. UP TO (2) VERTICALLY STACKED CONDUITS CAN BE PLACED WITHIN A MICROTRENCH.

10. TRACER WIRE SHALL BE INSTALLED ALONG ENTIRE LENGTH OF CONDUIT RUN.

11. ALL MICROTRENCHES SHALL BE COMPLETELY BACKFILLED WITH CDF TO FINISH GRADE AND PLATED BY THE END OF THE WORK DAY.

12. AS SOON AS CDF HAS CURED AND NOT EXCEEDING 30 CALENDAR DAYS, ASPHALT CONCRETE SHALL BE GROUND AND OVERLAID AS SHOWN IN THE DETAIL.

13. IF THE EDGE OF THE MICROTRENCH IS MORE THAN 36" FROM THE LIP OF GUTTER OR EDGE OF PAVEMENT, THE EXISTING A.C. AND CDF SHALL BE GROUND DOWN VERTICALLY 4" MINIMUM OR EQUAL TO EXISTING DEPTH AND HORIZONTALLY 12 INCHES MIN. FROM THE OUTER EDGE OF THE MICROTRENCH, AND RESURFACED WITH HOT MIX ASPHALT AS SPECIFIED, SEE CURRENT CITY GUIDANCE TECHNICAL SPECIFICATIONS.

HOT MIX ASPHALT SHALL BE PLACED THE SAME DAY AS EDGE PAVEMENT GRINDING.

14. CONTRACTOR SHALL USE TANDEM VIBRATORY ROLLERS, OR SIMILAR EQUIPMENT, TO ENSURE PROPER COMPACTION. THE USE OF A PLATE COMPACTOR IS NOT ALLOWED.

15. CONNECTION TO SERVICE LATERALS, JUNCTION BOXES, AND APPURTENANCES SHALL BE DONE SUCH THAT CURB AND GUTTER IS NOT DISTURBED. REMOVAL AND REPLACEMENT OF SIDEWALK SHALL FOLLOW CITY STANDARDS.

NATIVE OR A.B.

A.C
CL 12" MIN. COVER
12" MIN.
3" MIN. - 4" MAX.
24" - 36 " EDGE OF

PAVEMENT TO INNER EDGE

OF MICRO-TRENCH

EXISTING CURB AND GUTTER,

ROLLED CURB OR EDGE

OF PAVEMENT
PCC

NEW CONDUITS

TRENCH CENTERLINE

TRACER WIRE
SU-19A MICROTRENCHING A.C.

RESTORATION

ENGINEERING DIVISION
Description Date

REVISION
STANDARD DETAIL APRIL 2024
64 Agenda Item # 4.

ATTACHMENT 2
Resolution No. 2024- Page 1
RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADOPTING THE USE OF PUBLIC WORKS DEPARTMENT’S NEW
MICROTRENCHING A.C. RESTORATION STANDARD DETAIL SU-19A
WHEREAS, on October 8, 2021, California Senate Bill 378 (Local Government:
broadband infrastructure development project permit processing: microtrenching permit processing ordinance) was approved by the State; and
WHEREAS, the Senate Bill 378 requires local agencies to allow microtrenching for the installation of underground fiber if the installation in the microtrench is limited to fiber; and
WHEREAS, the Senate Bill 378 also requires, to the extent necessary, local agencies with jurisdiction to approve excavations to adopt or amend existing policies, ordinances, codes, or construction rules to allow for microtrenching.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the use of Public Works Department’s Microtrenching A.C. Restoration Standard Detail SU-19A; and
BE IT FURTHER RESOLVED that the Director of Public Works, or their designee, is hereby authorized and empowered to approve requests for microtrenching for the purpose of installing broadband infrastructure as described in Senate Bill 378.

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 the14th day of May, 2024 by the following vote:
65 Agenda Item # 4.

ATTACHMENT 2
Resolution No. 2024- Page 2
AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, CITY CLERK
66 Agenda Item # 4.

City Council Agenda Report
Meeting Date: May 14, 2024
Initiated By: Staff
Prepared By: Harun Musaefendic, Assistant Civil Engineer Approved By: Aida Fairman, Public Works Director
Subject: Consider authorizing the City Manager to execute the Agreements for Countywide Household Hazardous Waste Collection Program and Countywide AB 939 Implementation Fee to provide for funding from the City of Los Altos in the amount of $96,037 for the Countywide Hazardous Waste Disposal Program for FY 2025/26, and consider finding the Council’s action exempt from review under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15273

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☒Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Authorize the City Manager to execute the Agreements for Countywide Household Hazardous Waste Collection Program and Countywide AB 939 Implementation Fee with the County of Santa Clara on behalf of the City

POLICY QUESTION(S) FOR COUNCIL CONSIDERATION
None

FISCAL IMPACT
The amount of $96,037 for funding augmentation of the HHW Program is included as an expense in the proposed FY 2024/25 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 2024/25 will be based on actual resident participation.) - Breakdown of funds to be used for funding augmentation for the HHW Program per the Agreement:
 $96,037 Solid Waste Fund
- Amount already included in approved budget: N

ENVIRONMENTAL REVIEW
67 Agenda Item # 5.

Approval of 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.

PREVIOUS COUNCIL CONSIDERATION
Annually since FY 2015

DISCUSSION/ANALYSIS
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. These agreements expire 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, and at a wellpublicized annual event in the City. Hazardous wastes that are not allowed to be placed in household garbage containers include, but are not limited to, cleaning products, mercury thermostats, pesticides, flammable liquids, corrosives, solvents, car batteries, used motor oil, antifreeze, paint, fluorescent lights, electronic waste and other items.

AB 939 mandates and provides authority for agencies to collect funds for the planning and implementation of integrated waste management programs, which include programs for the 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 with 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 the 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.

The County’s HHW Program held a temporary hazardous waste disposal event in Los Altos on April 13, 2024.

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 four percent level of participation by Los Altos residents in the County HHW Program. Funding augmentation for the HHW Program for FY 2024/25 is needed in the amount of $96,037 based on anticipated participation from City residents. It is important to 68 Agenda Item # 5.
note when reviewing the attached amendment that the County uses the term “FY2025” to describe the fiscal year from July 1, 2024, to June 30, 2025.

ATTACHMENTS

1. Agreement for Countywide Household Hazardous Waste Collection Program (FY 2025- 27)

2. Agreement for Countywide AB 939 Implementation Fee (FY 2025-27)

3. Resolution 2024-_____
69 Agenda Item # 5.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 1 of 27

AGREEMENT FOR COUNTYWIDE

HOUSEHOLD HAZARDOUS WASTE

COLLECTION PROGRAM
This Agreement for Countywide Household Hazardous Waste Collection Program (“AGREEMENT”) is made by and between the (“CITY”) and the County of Santa Clara (“COUNTY”) on the day of 2024.

RECITALS
WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board of Supervisors”) has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the unincorporated areas of the Santa Clara County and cities and towns within Santa Clara County 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 and/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 2025 through FY 2027 (July 1, 2024 – June 30, 2027); 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 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 2025 through FY 2027 (July 1, 2024 – June 30, 2027) on all wastes landfilled or incinerated within Santa Clara County, received at any non-disposal or collection facility located within Santa Clara County and subsequently transported for disposal or incineration outside of Santa Clara 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 ATTACHMENT 1
70 Agenda Item # 5.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 2 of 27
transported for disposal or incineration outside of Santa Clara County, or removed from any location in Santa Clara County by any person or business for disposal or incineration outside the county; and
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 this AGREEMENT 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 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.
71 Agenda Item # 5.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 3 of 27
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 José 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 Section 41904 of California Public Resources Code.

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 $5.07 per household for Fiscal Years 2025, 2026, and 2027. 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 $0.05 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 Section 41904 of California Public Resources Code 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.
72 Agenda Item # 5.

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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 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 $8.09 per car for Fiscal Years 2025, 2026, and 2027.

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 $66.02 per participating resident car for Fiscal Years 2025, 2026 and 2027. 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 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 73 Agenda Item # 5.

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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.

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 Santa Clara County and to Santa Clara 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;
• Conducting and supporting outreach and publicity to attain the goal of 4% of households in the CITY participating in the CoHHW Program; and • Providing the CoHHW Program a report summarizing all outreach activities conducted by the CITY during the fiscal year. The report is due 30 days after the end of the reporting period.

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 74 Agenda Item # 5.

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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.

When COUNTY conducts a Temporary HHW Event in CITY’s jurisdiction, CITY agrees to provide solid waste and recycling services at such event at no cost to the CoHHW Program to ensure the proper management of non-hazardous waste generated at the event. Any additional expenses for such event incurred beyond the agreed-upon budget shall be subject to negotiation and mutual agreement between the COUNTY and the CITY.

To increase the Community’s awareness of and participation in any Temporary HHW Event in CITY’s jurisdiction, the CITY agrees to promote, at the CITY’s sole expense, each such event to the residents at least thirty (30) days in advance before the scheduled date. The promotion may include, but is not limited to, bill inserts, door hangers, flyers, in-person outreach events, newsletters, press releases, public service announcements, social media, television public access stations, websites, etc.

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. RECYCLING AND DISPOSAL PROGRAM FOR VERY SMALL QUANTITY

GENERATORS
COUNTY will provide services to accept hazardous waste from Very Small Quantity Generators (VSQG) in accordance with Section 25218.3 of California Health and Safety Code, as amended from time to time. VSQG is defined in Section 25218.1(q) of California Health and Safety Code.

Eligible VSQGs include, but not limited to, small businesses, governmental entities, non-profit organizations, schools, special districts, etc. within the County so long as they meet the criteria as defined in Section 25218.1(q) of California Health and Safety Code. Eligible VSQGs will be allowed to bring their hazardous waste to CoHHWCF. These services to VSQGs located within the CITY will be provided on a cost recovery basis, which will include program administration, 75 Agenda Item # 5.

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on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating VSQG.

The CITY may choose to pay for services for VSQG’s within the CITY 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 VSQG’s within the CITY. If CITY has available Discretionary Funding, COUNTY may use this funding to pay for VSQG costs.

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 rates for VSQGs.

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 available fund to pay for the disposal of the abandoned HHW from Nonprofit Charitable Reusers is exhausted, 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 rates for VSQGs. 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 “Household Hazardous Waste” pursuant to Section 25218.1(d) of California Health and Safety Code, 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, 76 Agenda Item # 5.

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household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, electronic waste (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, biohazardous waste, 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 VSQGs 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.

CITY agrees to augment up to an additional $96,037.00 to the Countywide HHW Program during Fiscal Year 2025 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 make an interim payment to COUNTY amounting to 50 percent of the augmentation amount stated above for each fiscal year. This interim payment shall be made no later than September 30
th of each fiscal year. The remaining balance of any outstanding cost shall be reconciled and paid or refunded in accordance with the terms outlined in the annual cost statement.

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. / /
77 Agenda Item # 5.

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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, except for COUNTY-recognized holidays 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 participating jurisdictions in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2025 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.

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 78 Agenda Item # 5.

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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 California Department of Toxic Substances Control and will handle wastes in accordance with applicable state laws and regulations. COUNTY will bill CITY for all Emergency Collection Events on a cost recovery basis, and all payments shall be due COUNTY within 30 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.

23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit E 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. 79 Agenda Item # 5.

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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.

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.

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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 participating jurisdictions 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 VSQGs 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 VSQG 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 VSQGs 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, 2024 to June 30, 2027, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later.

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.
81 Agenda Item # 5.

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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

County of Santa Clara 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 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.
/ /
/ /
/ /
/ /
/ /
/ /
82 Agenda Item # 5.

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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

JAMES R. WILLIAMS
County Executive
Date: “CITY”

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

WILLIE NGUYEN
Deputy County Counsel
Attachments:

A Projected Fiscal Years 2025, 2026, and 2027 AB939 HHW Fee Funding Allocation by Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2025, 2026, and 2027 C HHW Schedule of Collection Events for Fiscal Year 2025 D Household Hazardous Waste Emergency Collection Plan
E Exhibit-E Insurance Requirements for Environmental Services Contracts 83 Agenda Item # 5.

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ATTACHMENT A: PROJECTED FISCAL YEARS 2025-2027 ANNUAL HHW FEE

FUNDING ALLOCATION BY JURISDICTION
84 Agenda Item # 5.

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ATTACHMENT B: ESTIMATED ANNUAL HHW PROGRAM FIXED COSTS FOR FISCAL YEARS 2025, 2026, AND 2027
85 Agenda Item # 5.

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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027*
86 Agenda Item # 5.

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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2025-2027* (Continued) *SUBJECT TO CHANGE
2025/Month Day Date Location Type of Event County Holidays/ Notes January Wed 1 No Event No Event NEW YEAR'S
Thurs,Fri, Sat 2,3,4 San Martin Permanent
Thurs,Fri,Sat 2,3,4 San Jose Permanent
Thurs,Fri 9,10 San Jose Permanent
Saturday 11 Sunnyvale Temporary TBD
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Thurs,Fri 23,24 San Jose Permanent
Saturday 25 Santa Clara Temporary TBD
Thurs,Fri 30,31 San Jose Permanent
February Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri 27,28 San Jose Permanent
March Sat 1 San Jose Permanent
Thurs,Fri, Sat 6,7,8 San Martin Permanent
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Thurs,Fri,Sat 13,14,15 San Jose Permanent
Thurs,Fri,Sat 20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
April Thurs,Fri,Sat 3,4,5 San Jose Permanent
Thurs,Fri, Sat 3,4,5 San Martin Permanent
Thurs,Fri 10,11 San Jose Permanent
Saturday 12 Los Altos Temporary TBD
Thurs,Fri 17,18 San Jose Permanent
Saturday 19 Sunnyvale Temporary TBD
Thurs,Fri 24,25 San Jose Permanent
Saturday 26 Santa Clara Temporary TBD
May Thurs,Fri,Sat 1,2,3 San Jose Permanent
Thurs,Fri, Sat 1,2,3 San Martin Permanent
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Thurs,Fri 22,23 San Jose Permanent
Saturday 24 No Event No Event MEMORIAL DAY WEEKEND
Thurs,Fri,Sat 29,30,31 San Jose Permanent
June Thurs,Fri, Sat 5,6,7 San Martin Permanent
Thurs,Fri,Sat 5,6,7 San Jose Permanent
Thurs,Fri 12,13 San Jose Permanent
Saturday 14 Milpitas Temporary TBD
Thurs, Fri,Sat 19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
87 Agenda Item # 5.

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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 California 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
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
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 88 Agenda Item # 5.

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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, CA 95046
San Jose, 1608 Las Plumas, San Jose, CA 95133

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

89 Agenda Item # 5.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 21 of 27

7. State and Federal Assistance and Funds

It is the City’s responsibility to pursue reimbursement from State or Federal agencies.

California Governor’s Office of Emergency Services (Cal OES)

Cal OES is responsible for requesting assistan is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond ce 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 its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from Cal OES.

Follow Standardized Emergency Management System (SEMS)
All requests and emergency responses must be in accordance with the SEMS. DTSC 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 Cal OES. Funding and assistance may be available from Federal agencies such as FEMA and the USEPA.

Damage estimates: The city should provide to the Cal 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 Cal 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 USEPA.

REFERENCES

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

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

Emergency Planning Contacts and Personnel
Primary County Contact: County of Santa Clara
Consumer and Environmental Protection Agency
Household Hazardous Waste Program
ATTN: Hazardous Materials Program Manager
(408)-918-1967

For Non-Emergency after-hours, contact County Communications at: (408) 977-3220

90 Agenda Item # 5.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 22 of 27
Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and VSQG services in consultation with the City and other operations.

Cal OES Public Safety Communications Main Office
601 Sequoia Pacific Boulevard
Sacramento, CA 95811
(916) 894-5209
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.
91 Agenda Item # 5.

ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 23 of 27

EXHIBIT E

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 third party claim, liability, loss, injury or damage to the extent arising out of, or in connection with, performance of this AGREEMENT by Contractor and/or its agents or employees, 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.

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. 92 Agenda Item # 5.

ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 24 of 27
Exhibit E (Continued)
C. Notice of Cancellation
Should any of the requested policies be cancelled before the expiration date, notice will be provided in accordance with policy provisions.

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, (Commercial General Liability Additional Insured provided pursuant to Additional Insured Endorsement #1), 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 provided pursuant to Additional Insured Endorsement Form #1.”
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 93 Agenda Item # 5.

Agreement for Countywide Household
Hazardous Waste Collection Program Page 25 of 27
Exhibit E (Continued)
under this policy. Public Entities may also be added to the Additional Insured Endorsement Form #1 as applicable by way of insurance addendum, 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.

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 claim/aggregate.
b. If coverage contains a deductible or self-retention, it shall be reviewed and approved by the County’s Insurance Manager prior to contract execution.
c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this AGREEMENT. 94 Agenda Item # 5.

ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 26 of 27
Exhibit E (Continued)

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. If coverage terminated Run-Off (Tail) coverage will be purchased for three (3) years following termination.

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.

4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above.
95 Agenda Item # 5.

ATTACHMENT E
Agreement for Countywide Household
Hazardous Waste Collection Program Page 27 of 27
Exhibit E (Continued)
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 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.
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AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San José, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2024. The term CITIES may refer to CITIES collectively or individually.

RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan; WHEREAS, State law, Public Resource Code Section 41750, requires that the countywide integrated waste management plans contain a household hazardous waste (“HHW”) element for each city within the county as well as for the unincorporated area of the county; WHEREAS, the Board of Supervisors of the County of Santa Clara (“Board”) has imposed a Countywide AB939 Implementation Fee (“Fee”) since July 1, 1992 to pay for the costs of preparing, adopting, and implementing integrated waste management plans and programs, including HHW program elements;
WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2025, 2026, and 2027 (July 1, 2024 through June 30, 2027) at $4.10 per ton of waste landfilled or incinerated in the County; received at any nondisposal 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; and removed from any location in the County by any person or business for disposal or incineration outside the County; WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary to meet HHW planning and management requirements under State law;
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground or in any other manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and ATTACHMENT 2
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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 2025, 2026 and 2027. 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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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.
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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 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, 2024, and continue quarterly through October 15, 2027.

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 10 100
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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.
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12. EFFECTIVE DATE OF AGREEMENT
This agreement is effective upon approval by all fifteen CITIES and the COUNTY.

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, 2024 to June 30, 2027, 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, 2024. Said landfills and non-disposal facilities will be billed for the Fee through June 30, 2027.

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
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Contact: Recycling and Waste Reduction Program Manager
Program: Integrated Waste Management Services
Address: 1553 Berger Drive, Building 1
San José, CA 95112
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17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

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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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

JAMES R. WILLIAMS
County Executive
Date: CITY”

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

Willie Nguyen
Deputy County Counsel
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EXHIBIT A

LANDFILLS LOCATED IN SANTA CLARA COUNTY
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Zanker Materials Processing Facility
Zanker Road Landfill

NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN

SANTA CLARA COUNTY
Butterick Enterprises Recyclery
California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility
ComCare Farms Composting Facility
Environmental Management Systems Facility
Green Waste Recovery Facility
Mission Trail Waste Systems, Inc.

Newby Island Compost Facility
Pacheco Pass Landfill Composting Facility
Pacific Coast Recycling, Inc.

Premier Recycling Facility
The Recyclery at Newby Island
San Martin Transfer Station
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z-Best Composting Facility
Zanker Materials Processing Facility
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EXHIBIT B
FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE
Each of the CITIES, and the COUNTY for its unincorporated 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 José 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 José.

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 José 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 $5.07 per household in Fiscal Years 2025, 2026, and 2027. 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 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 at 1608 Las Plumas Avenue, San José. The San José Facility Use Surcharge will vary depending on facility usage but will not exceed $8.09 per car for Fiscal Years 2025, 2026, and 2027. The total San José 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 José.

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 107
Agenda Item # 5.

Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027

Page 12 of 16 ends

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 $66.02 per car for Fiscal Years 2025, 2026, and 2027. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed 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, 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 José 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 108
Agenda Item # 5.

Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027

Page 13 of 16 ends

an appointment for the resident. Liability shall be apportioned as provided in Exhibit D to this Agreement.
109
Agenda Item # 5.

Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027

Page 14 of 16 ends

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 110
Agenda Item # 5.

Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027

Page 15 of 16 ends

liability for the household hazardous waste prior to assessing CITY’s apportioned share of any liability for the household hazardous waste.

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.
111
Agenda Item # 5.

Agreement for Countywide AB939
Implementation Fee FYs 2025 - 2027

Page 16 of 16 ends

Agenda Item # 5.

Resolution No. 2024- Page 1
ATTACHMENT 1
RESOLUTION NO. 2024-___

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

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS

FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM AND COUNTYWIDE AB 939 IMPLEMENTATION FEE WITH THE

COUNTY OF SANTA CLARA
WHEREAS, 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. These agreements expire on June 30, 2024; and WHEREAS, 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, and at a well-publicized annual event in the City; 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, 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. Authorize the City Manager to execute the Agreements for Countywide Household Hazardous Waste Collection Program and Countywide AB 939 Implementation Fee with the County of Santa Clara on behalf of the City.

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 2024/25 in the amount needed based on participation from City residents per the Agreement, which is estimated based on anticipated participation at $96,037 for FY 2023/24.

4. Find that the City Council’s action in approving this resolution is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15273.

AYES:

ATTACHMENT 3
113
Agenda Item # 5.

Resolution No. 2024- Page 2
ATTACHMENT 1
NOES:

ABSENT:

ABSTAIN:
________________ __
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, CITY CLERK
ATTACHMENT 3
114
Agenda Item # 5.

City Council Agenda Report
Meeting Date: May 14, 2024
Initiated By: Staff
Prepared By: Art Williams, Assistant Civil Engineer
Approved By: Steven Son, CIP Manager
Subject:

Adopt Resolution Certifying compliance with State Housing Laws in order to receive $7,298,096.00 in One Bay Area Grant Cycle 3 (OBAG 3) funding for the San Antonio Complete Streets Project

COUNCIL PRIORITY AREA
☐Business Communities
☒Circulation Safety and Efficiency
☒Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Adopt a resolution to certify compliance with the State housing laws that is required for receiving One Bay Area Grant Cycle 3 (OBAG 3) funding for the San Antonio Complete Streets Project.

POLICY QUESTION(S) FOR COUNCIL CONSIDERATION
None

FISCAL IMPACT
No fiscal impact by adopting this resolution.

ENVIRONMENTAL REVIEW
The proposed grant is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment.

DISCUSSION/ANALYSIS
The Metropolitan Transportation Commission (MTC) established the One Bay Area Grant Program (OBAG) in May 2012. The intent of the OBAG program is to better integrate the region’s Federal Transportation program with the region’s Sustain Communities Strategy (SCS) and Plan Bay Area 2050. Also, to incorporate California’s climate law, Senate Bill 375 (SB 375), the SCS aligned regional transportation planning with land use and housing to meet state greenhouse gas reduction. The intent of the funding is to encourage land use and housing programs and policies that support the production of housing with supportive transportation. 115
Agenda Item # 6.

In January 2022, MTC adopted the program’s third round of funding (OBAG 3) which included $750 million in federal funding for projects to be funded from 2024 through 2026. Staff submitted an OBAG 3 competitive grant funding application for $9,122,000.00. Of the total project cost, OBAG 3 will contribute $7,298,096.00, and the remaining $1,824,000 will be the City’s match for the project. To remain eligible for the grant, the City must self-certify our housing element.

The project scope is to reconstruct San Antonio from El Camino Real to Foothill Expressway, median landscaping will be reconstructed with new landscape planting, streetlights will be upgraded to meet current standards, the existing traffic signal will be modified, and other complete street elements will be installed.

The OBAG 3 grant policies for project selection and programming consist of several requirements from the local jurisdiction project to comply with and to be eligible to receive the OBAG 3 funding. To comply with the grant's intent, the city must reiterate its support for the adopted City’s housing element by resolution. The resolution is a self-certifying compliance with various State housing laws related to surplus lands, accessory dwelling units, and density bonuses.

Upon adoption of this resolution, staff will submit a copy of this resolution to MTC as a part of the OBAG 3 funding requirement. The remaining outstanding OBAG 3 grant compliance item that staff will be working on in the near future will be the State’s Local Streets and Roads survey. Currently, it is anticipated that MTC will have this survey out no later than October 2024. Once the State’s Local Streets and Road survey has been submitted, Staff hopes to receive a notice to proceed for design by January 2025. At this time, Staff anticipates construction of the San Antonio Complete Streets project from Foothill Expressway to El Camino Real to begin by May 2026.

ATTACHMENT

1. Resolution
116
Agenda Item # 6.

ATTACHMENT 1
Resolution No. 2024-XX Page 1
RESOLUTION NO. 2024-___

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

TO COMPLY WITH THE STATE HOUSING LAWS
WHEREAS, the San Francisco region has the highest housing costs in the United States; and
WHEREAS, the Bay Area produced less than 30% of the need for low- and moderateincome housing units from 2007-2014, and is on track to similarly underproduce lowincome units during the 2015-2023 time period; and WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and
WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing; and
WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and WHEREAS, the Metropolitan Transportation Commission adopted Resolution No. 4505, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 3), including certain requirements to access these funds.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos, State of California, as follows:

That the City of Los Altos agrees to comply with the terms of Surplus Land Act (California Government Code § 54220 et seq.), as exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development; and.

That the City of Los Altos agrees to comply with state laws related to ADUs and JADUs, as it exists now or may be amended in the future, including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22, et seq. and California Health & Safety Code §§ 17980.12; and
That the City of Los Altos agrees to comply with state Density Bonus Law (California Government Code § 65915 et seq.), as exists now or may be amended in the future; and 117
Agenda Item # 6.

ATTACHMENT 1
Resolution No. 2024-XX Page 2
That the City of Los Altos warrant and represents that is in compliance with the aforementioned state housing laws and there are no claims, actions, suits, or proceedings pending to the best of the City of Los Altos’ knowledge, alleging violations of the state housing laws by the City of Los Altos.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, CITY CLERK
118
Agenda Item # 6.

City Council Agenda Report
Meeting Date: May 14, 2024
Prepared By: Manny A. Hernandez, Parks & Recreation
Director
Approved By: Gabriel Engeland, City Manager
Subject: Authorization for execution of Amendment 1 to the original agreement with West Coast Arborists for on-call tree maintenance services

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☒Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Authorize the City Manager to execute an amendment to the original agreement with West Coast Arborists, Inc. in the amount of $58,000 for On-Call City-wide Tree Maintenance Services to fully fund annual tree maintenance services that includes the tree work that was done on the Hetch Hetchy trail.

POLICY QUESTION(S) FOR COUNCIL CONSIDERATION
 Does City Council wish to fund contracted tree services to complete the needed city-wide work during fiscal year 2023/24 that includes the Hetch Hetchy trail tree removals as required under the terms of the agreement with the San Franciso Public Utilities Commission?

FISCAL IMPACT
The 2023/24 agreement with West Coast Arborists is for $110,000 and was fully budgeted in the Parks & Recreation Department operating budget.

The amended amount of $58,000 is budgeted for fiscal year 2023/24 in the Park-In Lieu fund specified for the Hetch Hetchy Trail Vegetation Management.

ENVIRONMENTAL REVIEW
This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act (CEQA). 119
Agenda Item # 7.

PREVIOUS COUNCIL CONSIDERATION
None

DISCUSSION/ANALYSIS
On an annual basis, the Parks & Recreation Department contracts an on-call tree maintenance and arborist company to maintain and remove trees that exceed the size of what our city crews can handle. The selected contractor has the expertise, skill and equipment to do this work, including arborist services. In the current fiscal year the City has contracted West Coast Arborists as the oncall tree maintenance provider.

The 2023/24 contracted tree maintenance and arborist services agreement with West Coast Arborists was executed in the amount of $110,000. At the beginning of FY 2023/24, the Hetch Hetchy vegetation management plan was finalized between the City of Los Altos and the San Francisco Public Utilities Commission (SFPUC) to clear vegetation on the trail in the interest of allowing the SFPUC direct access to the water pipeline that runs under the trail. This vegetation management plan included the removal and pruning of very large trees that City staff would bring in the tree maintenance contractor to do.

West Coast Arborist quoted the City $58,000 for the complete pruning and removal of the specified vegetation on the Hetch Hetchy trail. Staff authorized this work to meet the timeline specified in the agreement between the SFPUC and the City of Los Altos. The work was done by West Coat Arborists under the annual $110,000 on-call agreement that was originally budgeted prior to knowing the amount needed for the work at Hetch Hetchy trail. The amendment requested will replace funding in the on-call agreement for the annual tree maintenance and removals that still need to be addressed this fiscal year.

ATTACHMENTS
None
120
Agenda Item # 7.

Resolution No. 2024- Page 1
ATTACHMENT 1
RESOLUTION NO. 2024-___

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT ON

BEHALF OF THE CITY WITH WEST COAST ARBORISTS IN THE AMOUNT OF $58,000 FOR ON-CALL TREE MAINTENANCE SERVICES
WHEREAS, the City utilizes contract services for on-call maintenance of large trees citywide; and WHEREAS, proper tree maintenance is important for the health and safety of the trees and the public; and
WHEREAS, the West Coast Arborists continues to provide good quality tree maintenance services; and
WHEREAS, additional on-call tree services in fiscal year 23/24 exceeded the expected amount of the current agreement but funding has already been authorized and budgeted in the Park-In-Lieu; and
WHEREAS, this is an amendment to the original agreement with West Coast Arborists that selected them as the on-call maintenance provider through a competitive bid process.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the City Manager to execute an amendment, on behalf of the City, to the 2023/24 agreement with West Coast Arborists for on-call tree maintenance services adding $58,000 to the current $110,000 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 ___ day of ____, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Johnathan Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, CITY CLERK
121
Agenda Item # 7.

City Council Agenda Report
Meeting Date: May 14th, 2024
Prepared By: Joe Ledoux
Approved By: Gabe Engeland
Subject:

Authorize the City Manager to Purchase Motorola Nextgen Police Radios and accept grant monies from the Los Altos Mountain View Community Foundation to fund this replacement.

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☒Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Authorize the City Manager the signatory authority to engage in a purchase agreement with Motorola for police radios for the amount to not exceed $475,000, with $471,000 being funded by a grant from the Los Altos Mountain View Community Foundation.

FISCAL IMPACT
There are no budget impacts with this purchase. It is expected the Motorola radio replacement will cost $471,000.60. A grant from the Los Altos Mountain View Community Foundation that has been awarded at $471,000. The remaining costs will come from the current fiscal year budget.

Approving this item will increase the revenues to the current fiscal year budget by $471,000 and increase expenditure by $475,000.

ENVIRONMENTAL REVIEW
No known or intended environmental impacts.

SUMMARY:

The Los Altos Police Department has received a grant by the Los Altos Mountain View Community Foundation (LAMVCF) to fully fund 38 Motorola Nextgen Police radios. These funds have been submitted to the City of Los Altos only for the aforementioned radio purchases. 122
Agenda Item # 8.

The Police Department’s current police radios are at the end-of-life and have started to fail. The new radios will provide greater inoperability, reliability, and enhance communication capabilities in the event of a critical incident, natural disaster, and during everyday police services.

BACKGROUND:

On 05/01/2024 the Los Altos Police Department was awarded a grant from the Los Altos Mountain View Community Foundation (LAMVCF). The grant is in the amount of $471,000 which is specifically awarded to replace end-of-life portable radios in use by the Police Department. The grant will fully fund 38 NextGen Motorola portable police radios and associated costs.

This will elevate the Los Altos Police Department’s ability to respond in critical incidents, natural disasters, and everyday police responses by allowing simultaneous ability to leverage the County radio systems and cellular services. This increases the interoperability of the police radios by further increasing the range and ability to communicate with agencies outside of the County radio service area.

ATTACHMENTS

1. Resolution for Motorola Radio Grant

2. Motorola Nextgen Radio estimate
123
Agenda Item # 8.

Resolution No. 2024-XX Page 1
ATTACHMENT 1
RESOLUTION NO. 2024-___

A RESOLUTION APPROVING THE ACCEPTANCE OF GRANT FUNDS FOR MOTOROLA RADIOS, AMENDING FY23/24 BUDGET BY RECOGNIZING $471,000 GRANT REVENUE FROM STATE OF CALIFORNIA, AND
APPROPRIATING $471,000 GRANT REVNUE TO RADIO PURCHASE

PROJECT
WHEREAS, the Los Altos Police Department’s current radios are near the end of their life and will need to be replaced as soon as possible; and WHEREAS, the Los Altos Mountain View Community Foundation awarded a grant for the replacement of 38 Motorola Nextgen Police radios; and WHEREAS, the City Council authorizes the City Manager to take all necessary steps to receive the grant from the Los Altos Mountain View Community Foundation for the above project; and
WHEREAS, this resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby accepts the grant funds from the Los Altos Mountain View Community Foundation, amends the FY23/24 budget by recognizing the $471,000 grant revenue from the Los Altos Mountain View Community Foundation, and appropriates the revenue to the Radio Purchase Project.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan Weinberg, MAYOR
Attest:
_____________________________
Melissa Thurman, CITY CLERK
124
Agenda Item # 8.

QUOTE-2543600

LOS ALTOS POLICE DEPT

APX NEXT BUDGETARY
02/28/2024
The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 125
Agenda Item # 8.
02/28/2024

LOS ALTOS POLICE DEPT

ONE N SAN ANTONIO RD
LOS ALTOS, CA 94022
RE: Motorola Quote for APX NEXT BUDGETARY
Dear Joe Ledoux,
Motorola Solutions is pleased to present LOS ALTOS POLICE DEPT with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

This information is provided to assist you in your evaluation process. Our goal is to provide LOS ALTOS POLICE DEPT with the best products and services available in the communications industry. Please direct any questions to Nathan Tran at [email protected].

We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote.

Sincerely,
Nathan Tran
Motorola Solutions Manufacturer's Representative
QUOTE-2543600
126
Agenda Item # 8.

Billing Address:

LOS ALTOS POLICE DEPT

ONE N SAN ANTONIO RD
LOS ALTOS, CA 94022
US
Quote Date:02/28/2024
Expiration Date:04/28/2024
Quote Created By:

Nathan Tran
[email protected]
End Customer:

LOS ALTOS POLICE DEPT
Joe Ledoux
Contract: 36144 - SVRCS
Line # Item Number Description Qty Term List Price Sale Price Ext. Sale Price APX™ NEXT APX NEXT MULTI
1 H55TGT9PW8AN APX NEXT; ALL-BAND
MODEL 4.5 PORTABLE*
38 $8,241.00 $6,015.93 $228,605.34
1a H499KC ENH: SUBMERSIBLE
(DELTA T)
38 $165.00 $120.45 $4,577.10
1b H38DA ADD: SMARTZONE

OPERATION
38 $1,320.00 $963.60 $36,616.80
1c Q806CH ADD: ASTRO DIGITAL CAI

OPERATION
38 $567.00 $413.91 $15,728.58
1d Q629BD ENH: AES ENCRYPTION

AND ADP
38 $523.00 $381.79 $14,508.02
1e QA00580BA ADD: TDMA OPERATION 38 $495.00 $361.35 $13,731.30 1f QA09001AM ADD: WIFI CAPABILITY 38 $330.00 $240.90 $9,154.20 1g Q498BN ENH: ASTRO 25 OTAR W/

MULTIKEY
38 $814.00 $594.22 $22,580.36
1h Q361CD ADD: P25 9600 BAUD

TRUNKING
38 $330.00 $240.90 $9,154.20
1i Q173CA ADD: SMARTZONE

OMNILINK
38 $0.00 $0.00 $0.00
1j G996AP ADD: PROGRAMMING
OVER P25 (OTAP)
38 $110.00 $80.30 $3,051.40
1k QA08853AA ADD: CPS ENABLEMENT* 38 $0.00 $0.00 $0.00
QUOTE-2543600

APX NEXT BUDGETARY
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 3 ends

127
Agenda Item # 8.

Line # Item Number Description Qty Term List Price Sale Price Ext. Sale Price 1l QA09017AA ADD: LTE WITH ACTIVE
SERVICE AT&T US*
38 $0.00 $0.00 $0.00
2 NNTN9216A BATTERY PACK,IMPRES
GEN2, LIION,IP68, 4400T
38 $248.05 $186.04 $7,069.52
3 LSV01S03446A APX NEXT DMS

ESSENTIAL
38 7 YEARS $484.60 $484.60 $18,414.80
4 SSV01S01406A SMARTCONNECT 38 5 YEARS $720.00 $720.00 $27,360.00 5 NNTN9199A IMPRES 2 SUC, 3.0A,
120VAC, TYPE A PLUG,
NA
10 $169.56 $127.17 $1,271.70
6 NNTN9115A CHARGER, MULTI-UNIT,
IMPRES G2, 6-DISP,
US/NA/CA/LA PLUG, ACCCHARGER
5 $1,420.20 $1,065.15 $5,325.75
7 PMMN4135B XVP850 REMOTE

SPEAKER MICROPHONE

WITH CHANNEL KNOB
38 $507.60 $380.70 $14,466.60
Subtotal $431,615.67
Estimated Tax $39,384.93
Grand Total $471,000.60(USD)
Pricing Summary
List Price Sale Price
Upfront Costs for Hardware, Accessories and Implementation (if applicable), plus Subscription Fee $530,151.96 $388,471.53 Year 2 Subscription Fee $8,102.69 $8,102.69
Year 3 Subscription Fee $8,102.69 $8,102.69
Year 4 Subscription Fee $8,102.69 $8,102.69
Year 5 Subscription Fee $8,102.69 $8,102.69
Year 6 Subscription Fee $8,102.69 $8,102.69
Year 7 Subscription Fee $2,630.69 $2,630.69
Grand Total System Price $573,296.10 $431,615.67
QUOTE-2543600

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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128
Agenda Item # 8.

Notes:
● Additional information is required for one or more items on the quote for an order.

Motorola's quote (Quote Number: ________________ Dated: ____________ ) is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the "Underlying Agreement") that authorizes Customer to purchase equipment and/or services or license software (collectively "Products"). If no Underlying Agreement exists between Motorola and Customer, then the following Motorola's Standard Terms of use and Purchase Terms and Conditions govern the purchase of the Products which is found at http://www.motorolasolutions.com/product-terms.

The Parties hereby enter into this Agreement as of the Effective Date.

Motorola Solutions, Inc. Customer
By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: ____________________________ Date: ____________________________ Date: ____________________________ QUOTE-2543600

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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Agenda Item # 8.

APX NEXT RADIO SOLUTIONS
Overview
APX NEXT is Motorola Solutions’ next-generation P25 platform purpose-built for first responders to access and act on information while maintaining focus in critical situations. Across all aspects of the radio experience—deployment, operation, maintenance, and evolution—APX NEXT brings critical advancements to usability and performance. Equipped with broadband, LTE, Wi-Fi, Bluetooth 5.0, and GPS capabilities, APX NEXT extends future-ready performance, applications, and full interoperability to the field and control room to transform accurate data into smarter action.

Key benefits of the APX NEXT include the following:
• SmartTouch Experience – Easier operation centered around a redefined 3.6” impact resistant touch display and shallow menu hierarchy. This cleaner and more intuitive visual layout increases the usability of the APX NEXT radio and helps users find the information they need without pause or distraction.
• Ruggedized, Ergonomic Design – Increased personnel safety and efficiency with an improved T-Grip ergonomic design, full-color top display, and tactile knobs for efficient use in emergency situations.

Patented touch technology enables for reliable gloved use, while also making the screen immune to false actuations from water, snow, ice, or debris. The APX Next device meets the same MIL standards for ruggedization achieved by Motorola Solutions’ APX platform radios. • Easy Fleet Management – Easier and quicker radio provisioning, remote software updates, and streamlined management reduce downtime and support control center staff. Motorola Solutions’ Device Management Services (DMS) maximize the effectiveness of APX NEXT, reducing maintenance risk, workload, and total cost of ownership. DMS brings RadioCentral (RC) programming to APX NEXT, as well, supporting faster provisioning and deployment to get devices in the hands of responders and out into the field.
• Secure Communications – Hardened End-to-End security allows only authorized units in the system to listen to transmissions. Real-time security provides seamless protection from the device and data in transit to the cloud and the LMR system
Evolving with Applications Services
APX NEXT Application Services enhance device capabilities and improve user experience. These applications are subscription-based offerings for easier optimization and scaling to meet evolving needs.

QUOTE-2543600

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130
Agenda Item # 8.

Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.

Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone #
Tax Exemption Status
Signatures (As required)
131
Agenda Item # 8.

City Council Agenda Report
Meeting Date: May 14, 2024
Prepared By: Stephanie Williams
Reviewed By: Nick Zornes
Approved By: Gabriel Engeland
Subject: SB9 Regulations – Housing Element Implementing Ordinance

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☒Housing
☐Neighborhood Safety Infrastructure
☐General Government

RECOMMENDATION

1. Introduce and waive further reading of an Ordinance of the City Council of the City of Los Altos adding Chapter 14.64 to Title 14 (Zoning) of the Los Altos Municipal Code enacting regulations for dual opportunity developments (SB9) and find the Ordinance exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act (CEQA). (Attachment 1)

2. Adopt a Resolution rescinding Resolution 2021-57 establishing objective standards for singlefamily residences to implement Senate Bill 9 and find the Resolution exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act (CEQA). (Attachment 2)

INITIATED BY
City of Los Altos adopted 6th Cycle Housing Element, Program 1.M: SB9 Implementation

FISCAL IMPACT
No fiscal impacts are associated with the adoption of these implementing regulations.

ENVIRONMENTAL REVIEW
The proposed amendments are exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment. 132
Agenda Item # 9.

BACKGROUND
California Senate Bill 9 Overview
California Senate Bill 9 (SB 9) requires ministerial approval of certain housing development projects and lot splits on an R1 (Single-Family Residential) zoned property. SB 9 was passed by the California Legislature in 2021 and took effect January 1, 2022.

SB 9 requires approval of the following:
 Two primary units. Two units on an eligible R1 lot (whether the proposal adds two new units or adds one unit and keeps an existing unit).
 Urban lot split. A one-time subdivision of an eligible R1 lot into two lots. This would allow up to four units (two units on each lot).

SB 9 also requires that jurisdictions review and approve all SB 9 projects ministerially without discretionary review or public hearing; may only apply objective zoning, subdivision, and design standards; and these standards may not preclude the construction of up to two units of at least 800 square feet each on each lot with minimum 4’ side and rear setbacks. This law is similar to State ADU legislation in that it allows jurisdictions to apply local objective standards, as long as they do not prevent the development of new residential development to provide for increased housing opportunities which comply with SB9’s regulations.

Although SB 9 allows cities to create objective development standards, SB 330, as amended by SB 8 in 2021 (Housing Crisis Act of 2019), limits the ability for cities to add new standards.

Specifically, the Housing Crisis Act prohibits cities from reducing the intensity of land use within an existing residential zoning district below what was allowed and in effect on January 1, 2018.

Reducing intensity includes, but is not limited to reductions to height, density, floor area ratio (FAR); new or increased open space or lot size requirements; new or increased setback requirements; or any standard that would lessen the intensity of housing.

Existing City SB9 Regulations
The City previously considered and adopted an SB9 Implementation Resolution on December 14, 2021, in anticipation of SB9 going into effect on January 1, 2022 (see Attachment 3). These regulations were intended to assist staff and the public with reviewing SB9 applications consistent with State Law and establish objective design standards for residential units developed under the regulations. Council also directed staff to return to them by May 2022 to report on SB9 implementation and any recommendations on amendments that may be prudent after the review of applications. Due to staff shortages, turnover and other priorities, especially the Housing Element Update, efforts to return to Council by May 2022 were delayed.

Staff proposes to largely maintain existing SB9 development standards and objective design standards and adjust standards where they do not align with the implementation of minimum SB 9 requirements or were found to be problematic through implementation over the last approximately two years.
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Agenda Item # 9.
6th Cycle Housing Element 2023-2031
On January 24, 2023, the City adopted the 6th Cycle Housing Element 2023-2031 which included Program 1.M: SB 9 Implementation; which requires the City to ensure that its local SB9 ordinance remains consistent with State law. Additionally, the City is to monitor and report on the effectiveness of the City’s SB9 standards and report its findings and any recommendations on amendments which are appropriate to facilitate SB9 applications.

The Draft Ordinance is an implementing Ordinance of the City’s adopted Housing Element.

Should the City of Los Altos not proceed with the implementing actions discussed in this report, the City will be vulnerable to penalties and consequences of Housing Element noncompliance.

HCD is authorized to review any action or failure to act by a local government that determines is inconsistent with an adopted Housing Element or housing element law. This includes failure to implement program actions included in the Housing Element. HCD may revoke Housing Element compliance if the local government’s actions do not comply with State Law. Examples of penalties and consequence of Housing Element noncompliance include:
 General Plan Inadequacy: the Housing Element is a mandatory element of the General Plan. When a jurisdiction’s housing element is found to be out of compliance, its General Plan could be found inadequate, and therefore invalid. Local governments with an invalid General Plan can no longer make permitting decisions.
 Legal Action and Attorney Fees: local governments with noncompliant housing elements are vulnerable to litigation from housing rights’ organization, developers, and HCD. If a jurisdiction faces a court action stemming from its lack of compliance and either loses or settles the case, it often must pay substantial attorney fees to the plaintiff’s attorneys in addition to the fees paid by its own attorneys. Potential consequences of lawsuits include mandatory compliance within 120 days, suspension of local control on building matters, and court approval of housing developments.
 Loss of Permitting Authority: courts have authority to take local government residential and nonresidential permit authority to bring the jurisdiction’s General Plan and housing element into substantial compliance with State law. The court may suspend the locality’s authority to issue building permits or grant zoning changes, variances, or subdivision map approvals – giving local governments a strong incentive to bring its housing element into compliance.
 Financial Penalties: court-issued judgement directing the jurisdiction to bring its housing element into substantial compliance with state housing element law. If a jurisdiction’s housing element continues to be found out of compliance, courts can multiply financial penalties by a factor of six.
 Court Receivership: courts may appoint an agent with all powers necessary to remedy identified housing element deficiencies and bring the jurisdiction’s housing element into substantial compliance with Housing Element law.

SB9 Project Review Update
The proposed codification of SB9 regulations in the Zoning Ordinance and analysis contained in this report reflect staff’s utilization of the existing regulations over the past approximately two 134
Agenda Item # 9.
years and include recommendations on amendments. Since the law took effect on January 1, 2022 until the writing of this report, the City has received nine (9) urban lot split applications and eighteen (18) SB9 residential development applications. Minor changes are recommended to the existing regulations to improve implementation consistent with State law, clarify language, or align with modified City practices or laws.

Two changes reflected in the proposed Ordinance which align with the recent City ADU regulation changes include the removal of a daylight plane requirement and language regarding voluntary setbacks. Because the side and rear setbacks for developments are reduced from standard R1 zoning setbacks, the daylight plane requirement is removed as it is unenforceable and impossible to “protect” a daylight plane with a structure that is allowed four feet from a property line. The voluntary additional setback is intended to reduce the privacy impacts to abutting property owners, and applicants are encouraged to voluntarily increase the setbacks. Although this language is not in conflict with any State laws, the inclusion of such language within the ordinance creates a false sense of certainty for unenforceable setbacks between opposing parties, and results in City staff playing mediator of residents.

Planning Commission Recommendation
On April 18, 2024, the Planning Commission received a staff report, presentation, asked clarifying questions of staff, considered the proposed Ordinance, and conducted an in-depth discussion regarding the item. No one from the public spoke on the item and one letter of support was received. The Commission recommended modifications to the proposed regulations which include minor non-substantive language clarifications as well as an amendment to Section 14.64.090 – Objective Development Standards – to increase the Floor Area Ratio (FAR) for lots not exceeding 10,000 square feet to 40 percent where the previous language, which mirrored the existing regulations, had a maximum FAR of 35 percent for lots not exceeding 11,000 square feet. The commission voted unanimously to recommend approval of the Ordinance with the amended language, which has been integrated into the draft Ordinance before Council.

DISCUSSION/ANALYSIS
The following is a summary of the proposed Ordinance which largely reflects the City’s existing implementing regulations and State law.

Urban Lot Splits
Pursuant to SB 9, eligible R1-zoned lots may be subdivided into two lots through a process which does not require discretionary review or public hearing. This type of subdivision is defined in the Ordinance as an “urban lot split.”
Through an urban lot split, an eligible R1-zoned property can be subdivided into two roughly proportional lots. To ensure rough proportionality, SB 9 specifies one lot cannot be less than 40% the size of the original lot to be subdivided and a minimum lot size of 1,200 square feet.

Additionally, the following restrictions and requirements apply to urban lot split applications:
 Lots must adjoin a public or private street with a minimum width of 20 feet.  May require easements for public services and facilities (e.g., utilities).  Must meet the property eligibility criteria.
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Agenda Item # 9.
 Must submit a signed affidavit acknowledging the property owner intends to reside in one of the properties as their primary residence for a minimum of three years.

The following graphic demonstrates two possible ways to subdivide a typical single-family lot into two roughly proportional lots with the minimum lot standards.

SB9 Residential Developments
In addition to urban lot split provisions, SB 9 requires local agencies to allow the development of two units on each eligible R1-zoned lot. The residential development provisions can be used with the urban lot split standards, resulting in a maximum potential of four primary-dwelling units. In other words, if a lot is subdivided by an urban lot split, each resulting lot may contain two primarydwelling units.

The provisions of SB 9 are utilized in concert with existing ADU/JADU regulations but do not require local agencies to allow any R1 lot to be developed with more than four units, inclusive of ADUs/JADUs. Based on staff’s recommendation to strictly comply with SB 9, the following development scenarios will be possible when the existing ADU/JADU provisions are applied with the provisions of SB 9:
a. No more than two (2) primary dwelling units are permitted on a single existing lot or newly created lot through an urban lot split.
b. For existing lots not established through an urban lot split, in addition to a primary dwelling unit(s) an accessory dwelling unit(s) and/or a junior accessory dwelling unit(s) may also be allowed for a maximum of four (4) total units (inclusive of primary units, accessory dwelling units and junior accessory dwelling units). 136
Agenda Item # 9.
c. For lots established through an urban lot split, in addition to a primary dwelling unit, a second primary unit or an accessory dwelling unit or junior accessory dwelling unit may also be allowed for a maximum of two (2) units per resulting lot (inclusive of primary units, accessory dwelling units and junior accessory dwelling units) The following graphic demonstrates different ways in which the four units allowed under SB 9 can be achieved.

SB 9 includes the following mandatory standards that all local jurisdictions must implement for the development of units:
 No more than 4’ side and rear setbacks for new structures; no minimum setbacks for retention of existing structures.
 Minimum unit size of 800 square feet.
 No more than one parking space per unit; however, properties within a one-half-mile walking distance of high-quality transit or major transit stops, as defined by State law, or within one block of a car-share vehicle location, do not need to provide parking. 137
Agenda Item # 9.
 Cannot require the correction of existing nonconforming zoning conditions or deny a development due to existing nonconforming conditions.
 Must meet the property eligibility criteria.
 Must require the applicant to sign an affidavit acknowledging the applicant intends to reside in one of the existing or proposed housing units as their principal residence for a minimum of three years.

The Draft Ordinance includes objective development standards and design standards for the development of residential units under SB9 which incorporate these mandatory standards as well as other objective standards which do not preclude development in conflict with SB9 or SB330.

ATTACHMENTS

1. Draft Ordinance and Appendix A (Chapter 14.74)

2. Draft Resolution

3. Existing SB9 Regulations

4. SB9 Fact Sheet – California Department of Housing and Community Development (HCD) 138
Agenda Item # 9.

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ORDINANCE NO. 2024-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOS ALTOS ADDING CHAPTER 14.64 TO TITLE 14 (ZONING)

OF THE LOS ALTOS MUNICIPAL CODE ENACTING

REGULATIONS FOR DUAL OPPORTUNITY DEVELOPMENTS
PURSUANT TO SENATE BILL 9 (SB9)
WHEREAS, on September 16, 2021, the State of California enacted legislation known as Senate Bill 9 (“SB 9”), which added Sections 65852.21 and 66411.7 to the California Government Code, to require local public agencies, beginning January 1, 2022, to ministerially approve lot splits and the construction of two (2) primary dwelling units on single-family zoned lots meeting certain conditions; and
WHEREAS, the purpose of SB 9 is to address California’s affordable housing crisis by promoting small-scale neighborhood residential development to provide for increased housing opportunities; and
WHEREAS, SB 9 allows for streamlined ministerial approval for certain residential dwelling units and lot splits in single-family residential zones; and WHEREAS, SB 9 requires the City to apply objective design standards to residential dwelling units approved pursuant to the legislation and prohibits discretionary design review for such units; and
WHEREAS, SB 9 allows cities to impose certain standards for projects approved under that legislation, which the City Council desires to adopt; and WHEREAS, the City adopted Resolution 2021-57 establishing objective residential site development and design standards pursuant to SB9; and
WHEREAS, on January 24, 2023, the City Council approved the City’s Sixth Cycle Housing Element Update; and
WHEREAS, Program 1.M of the Housing Element Update requires the City of Los Altos to implement SB9; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 18, 2024 and provided a recommendation to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on May 14, 2024; and WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended.
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NOW THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT OF TITLE 14 OF THE MUNICIPAL CODE: Chapter 14.64 is hereby added to Title 14 (Zoning) of the Los Altos Municipal Code as set forth in Appendix A to this Ordinance.

SECTION 2. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Development Services Director, in their reasonable discretion, after consulting the City Attorney.

SECTION 3. PUBLICATION. This ordinance shall be published as provided in Government Code section 36933.

SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption date.

The foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on May 14, 2024, and was thereafter, at a regular meeting held on May 28, 2024, passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
________________________________
Melissa Thurman, MMC, CITY CLERK
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APPENDIX A
ADDITION OF CHAPTER 14.64 TO TITLE 14
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Chapter 14.64 – DUAL OPPORTUNITY DEVELOPMENTS (SB9)

14.64.010 - Purpose
Senate Bill (SB) 9 requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a singlefamily zone into two parcels, or both. SB 9 enables the creation of up to four housing units in the lot area typically used for one single-family home. This chapter allows residential housing developments to implement Government Code Section 65852.21 for developing two (2) primary residential units on single-family (R1) zoned lots and Section 66411.7 for urban lot splits.

14.64.020 - Eligibility
A proposed housing development or urban lot split shall comply with the following eligibility requirements:

A. Property is zoned R1 (Single-Family Residential). Lots located in multi-family residential, commercial, mixed-use zones, etc. are not subject to these regulations even if single-family residential uses are a permitted use.

B. Property is not located in a historic district, listed on the State Historic Resources Inventory, or designated a city landmark or historic resource.

C. Shall not result in the demolition or structural modification of any portion of an existing residential unit that:

1. Is protected by a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. Housing that is subject to any form of rent or price control.

3. Has been occupied by a tenant within the three (3) years prior to the submittal of an application to the city.

D. Property does not contain a dwelling unit that was withdrawn from rental or lease under the Ellis Act at any time within fifteen (15) years before the date of application to the city.

E.The lot to be subdivided shall not be a lot that was established through a prior urban lot split.

F.The lot to be subdivided shall not abut any lot that was previously subdivided through an urban lot split by the owner of the lot proposed to be subdivided or any party acting in concert with the owner. For the purpose of this section, any party acting in concert with the owner shall include any individual with a familial relation to the property owner (including, but not limited to, parents, children, siblings and spouses) or any business entity in which the property owner has more than ten (10) percent ownership.

G. Property does not contain any of the site conditions listed in Government Code Section 65913.4, subdivision (a)(6)(B-K), as may be amended from time to time, summarized as follows:
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1. Prime farmland, farmland of statewide importance or land that is zoned or designated for agricultural protection or preservation by the voters.

2. A wetland.

3. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

4. A hazardous waste site that has not been cleared for residential use.

5. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6. Within a one hundred (100) year flood hazard area, unless the site has either been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction or meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

7. Within a regulatory floodway, unless all development on the site has received a no-rise certification.

8. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan or other adopted natural resource protection plan.

9. Habitat for protected species.

10. Land under conservation easement.

14.64.030 - Number of Lots and Minimum Site Area
An existing lot shall not be subdivided into more than two lots. Each newly subdivided lot shall not be smaller than 40 percent of the original lot size and shall not be less than 1,200 square feet.

14.64.040- Lot Frontage Width and Design
Each lot shall adjoin a public or private street with a minimum frontage of 20 feet in width. The layout of proposed lots shall be designed to minimize site disturbance in terms of cut and fill and the removal of trees. Lot lines shall be organized to be parallel and perpendicular to the street on straight streets and approximately radial on curved streets, to the extent possible.

14.64.050 - Owner Occupancy
Upon submittal of an application for an urban lot split, the property owner shall sign an affidavit stating they intend to occupy one of the units as their primary residence for at least three years, unless the owner is a community land trust, as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue 143
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and Taxation Code, or is a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code.

14.64.060 - Map Act Compliance
The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410, et. seq.), including implementing requirements in this chapter.

14.64.070 - Rental Term
No unit created pursuant to this chapter may be rented for a period less than 30 days.

14.64.080 - Maximum Number of Units
A. No more than two (2) primary dwelling units are permitted on a single existing lot or newly created lot through an urban lot split.

B. For existing lots not established through an urban lot split, in addition to a primary dwelling unit(s) an accessory dwelling unit(s) and/or a junior accessory dwelling unit(s) may also be allowed for a maximum of four (4) total units (inclusive of primary units, accessory dwelling units and junior accessory dwelling units).

C. For lots established through an urban lot split, in addition to a primary dwelling unit, a second primary unit or an accessory dwelling unit or junior accessory dwelling unit may also be allowed for a maximum of two (2) units per resulting lot (inclusive of primary units, accessory dwelling units and junior accessory dwelling units).
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14.64.090 - Objective Development Standards
Coverage One-story structures with a maximum height of 20 feet shall have a maximum lot coverage of 35
percent of the total site area. One-story structures
exceeding 20 feet in height or two-story structures
shall have a maximum lot coverage of 30 percent of
the total site area.

Floor Area Ratio Lots not exceeding 10,000 square feet shall have a maximum floor area of 40% of the net lot area. For
lots exceeding 10,000 square feet, the maximum
floor area shall be 3,500 square feet plus 10 percent
times the net lot area minus 10,000 square feet.

Setbacks Front: 25 feet for the first story; and 30 feet for the second story.

Side: 4 feet
Rear: 4 feet
Height Maximum building height is two stories and 27 feet.

Flag lots shall be limited to one story and 20 feet in
height.

Maximum first floor plate height: 10 feet
Maximum second floor plate height: 9 feet
Maximum entry porch plate height: 12 feet
Basements Basements shall not extend beyond the floor area of the first floor.

Light wells, ingress and egress wells, patio wells,
and other similar elements shall not be permitted
within a required setback.

Light wells, ingress and egress wells, patio wells,
and other similar elements shall utilize vertical
retaining walls. Contour graded slopes, which
expose the basement as a story, are prohibited.

Light wells, ingress and egress wells, patio wells,
and other similar elements shall be at least 75
percent open in area to light and air above.

Second Story Decks or
Balconies
Second-story decks and balconies are allowed only
on the front elevation facing a public or private street and shall meet the side setbacks. The maximum size
of any one deck or balcony shall be 25 square feet
and have a maximum depth of four feet. A deck on
the roof of a two-story structure is prohibited.

Landscaping A minimum of 50 percent of the required front yard setback area shall be landscaping.

Parking A minimum of one covered space per unit within a garage or carport with a minimum interior
dimension of nine feet in width by 18 feet in length.
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Parking for accessory dwelling units shall be
provided separately as required under Chapter

14.14. Fences Fences shall be subject to the zoning standards of the underlying zoning district.

Outdoor Kitchen,
Barbeques, Fireplaces, and
Swimming Pools
Outdoor kitchen, barbeques, fireplaces, and
swimming pools shall be subject to the zoning
standards of the underlying zoning district.

Accessory Structures Accessory structures shall be subject to the zoning standards of the underlying zoning district.

Signs Signs shall be subject to the zoning standards of the underlying zoning district.

1.All development standards shall be modified as necessary if they preclude two single-family units with a minimum size of 800 square feet and four-foot side and rear yard setbacks.

2.Development of an ADU shall be subject to the separate development standards and requirements pursuant to Chapter 14.14.

3.No architectural features (i.e. cantilevers, bay windows, and/or other architectural projection) shall be allowed within the required side and rear setbacks except for 12-inch maximum eaves with four-inch maximum gutters.

4.No parking is required if the property is located within one half mile walking distance of either a high-quality transit corridor or major transit stop; or a car share vehicle program is located within one block of the property.

14.64.100 - Objective Design Standards
A. Site and Building Design

1. Attached garages shall be recessed a minimum of one foot from the front elevation wall plane of the residence.

2. When a three-car attached garage is proposed, visual impact shall be reduced by, (i) using a tandem parking layout inside a two-car-wide garage; (ii) using three single-car-wide garage doors instead of a double and a single garage door; or (iii) setting back one of the doors from the others.

3. Each property is prohibited from more than one curb cut or driveway accessing a street unless the subject site is fronting a city’s arterial or collector street.

4. A curb cut or driveway width connecting to a public or private street shall be no greater than 20 feet in width.

5. No more than two types of roof forms and two roof pitches shall be used.

6. Building entrances shall be oriented towards the street.

7. Facade articulation shall be provided with at least six corners on the first floor.

8. Building entrances shall have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of thirty (30) square feet. Any corners within the building entrances shall not count as part of the corners as required above. 146
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9. Windows and doors shall either be trimmed or recessed. When trimmed, the trim material shall not be less than 3.5" in width by 1" in depth when protruding from the wall. When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door face by not less than 2 inches in depth.

10. On elevations that are facing interior side property lines, a minimum sill height of 5' is required for all second-floor windows.

11. Provide an inset/offset or plane change on long walls of greater than 25 feet in length.

12. First floor finished elevation shall be no more than twenty-two (22) inches above existing natural grade on a non-hillside lot.

13. For a hillside property, a stepped foundation is required where the average slope beneath the proposed structure is 10% or greater.

14. No exterior staircases above grade shall be allowed.

15. Except for pathway lighting, outdoor lighting fixtures shall be downward facing and fully shielded or recessed.

B. Construction Materials and Colors

1. Foam trim with a painted stucco finish is prohibited.

2. Mixing roof materials and colors are not allowed except for curved dormers and shed roof structures.

3. Exterior finish including wainscoting used for one structure shall be no greater than three different materials. Each material may be a different color, but every part of exterior finish comprised of a single material shall be a single color.

4. Architectural detailing shall be incorporated such as window and door trim, belly bands, cornices, shutters, column accents to the entry porch, and railings in an integrated composition.

C. Landscaping and Screening Vegetation

1. For lots five thousand (5,000) square feet in size or greater, a minimum of two medium to large canopy size trees shall be planted with at least one tree planted in the front yard. For each additional five thousand (5,000) square-foot lot size, an additional medium to large canopy size tree shall be planted onsite.

2. For lots with less than five thousand (5,000) square feet in size, a minimum of one, medium to large canopy size tree shall be planted onsite.

3. Screening vegetation shall be required within lines of sight from each jamb of any second-floor windows with a sill height of less than 5' to the side or rear property lines and within lines of sight to any side property line for any proposed second story deck or balcony.

4. Any required screening vegetation shall be evergreen species reaching at least fifteen feet through twenty feet in height at maturity with permanent irrigation.
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Agenda Item # 9.

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5. All projects shall comply with the City’s Water Efficiency Landscape Ordinance (WELO).

14.64.110 - Nonconforming Conditions
Corrections of nonconforming zoning conditions shall not be required for the ministerial approval of a housing development or urban lot split.

There shall be no required setbacks for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint), subject to compliance with all applicable building and fire codes.

14.64.120 - Administration
Applications for a housing development or parcel map for an urban lot split pursuant to this chapter shall be processed ministerially without discretionary review, processes, or provisions. Review and submittal of an application for a housing development and/or parcel map for an urban lot split shall require submittal of all items listed on the City’s application submittal checklist.

The city may deny an application for a housing development or parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

SB 9 allows for ministerial approval of certain "new" residential dwelling units. The term "new unit" as used in SB 9 shall be construed to mean any of the following:

A. A new residential dwelling unit (other than an accessory dwelling unit) proposed to be constructed on a vacant lot.

B. A new residential dwelling unit (other than an accessory dwelling unit) is constructed in place of a demolished residential dwelling unit.

C. A residential dwelling unit (other than an accessory dwelling unit) is reconstructed to the substantial equivalence of new.

As used above, a residential dwelling unit is reconstructed to the "substantial equivalence of new" if any of the following sets of criteria apply:

A. The residential dwelling unit is stripped to the studs and/or foundation and reconstructed.

B. A substantial remodel is proposed in connection with a substantial addition so that the home will have the appearance of a new home and a remaining physical and economic life comparable to that of a new home. These criteria shall be deemed to be met if all the following apply:

1. An addition is proposed to an existing residential dwelling unit equal to or greater in size than 50% of the floor area of the existing residential dwelling unit (excluding garages, accessory dwelling units, other accessory structures, crawl spaces, unfinished attics, and basement floor areas).
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2. At least 25% (or more, if necessary to bring the structure into compliance with applicable building codes) of the existing roof will be demolished, repaired, or replaced, and the entire roof covering will be replaced.

3. At least 25% (or more, if necessary to bring the structure into compliance with applicable building codes) of the existing facade will be demolished, repaired, or replaced, the entire facade will be repainted or otherwise resurfaced, and the entire facade for the residential dwelling unit in its completed condition is designed to match.

4. All existing floor coverings and plumbing fixtures will be removed and, as applicable, replaced.

5. Sprinklers will be installed if not already provided.

6. At least 25% (or more, if necessary to bring the structure into compliance with applicable building codes) of existing drywall or other wall coverings will be demolished, repaired, or replaced, and all retained wall covering will be repainted or otherwise resurfaced.

7. All exterior doors and windows will be replaced.

Applications to remodel and/or build single-family residences not subject to this chapter in their entirety shall continue to be subject to the requirements of the underlying zoning district and Chapter 14.76. Future additions or modifications to “new units” that were built under this chapter pursuant to SB9 shall utilize the standards and process pursuant to this chapter.
149
Agenda Item # 9.

Resolution No. 2024-XX Page 1
RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS RESCINDING RESOLUTION 2021-57 ESTABLISHING OBJECTIVE STANDARDS FOR SINGLE FAMILY RESIDENCES TO IMPLEMENT SENATE BILL 9 WHEREAS, on September 16, 2021, the State of California enacted legislation known as Senate Bill 9 (“SB 9”), which added Sections 65852.21 and 66411.7 to the California Government Code, to require local public agencies, beginning January 1, 2022, to ministerially approve lot splits and the construction of two (2) primary dwelling units on single-family zoned lots meeting certain conditions; and
WHEREAS, on December 14, 2021, the City adopted Resolution 2021-57 establishing objective standards for single family residences to implement Senate Bill 9; and WHEREAS, on January 24, 2023, the City Council approved the City’s Sixth Cycle Housing Element Update; and
WHEREAS, Program 1.M of the Housing Element Update requires the City of Los Altos to implement SB9; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 18, 2024 and provided a recommendation to the City Council to add Chapter 14.64 to Title 14 (Zoning) of the Los Altos Municipal Code with amended SB9 regulations; and WHEREAS, the City Council held a duly noticed public hearing on May 14, 2024 introducing an Ordinance adding Chapter 14.64 to Title 14 (Zoning) of the Los Altos Municipal Code with amended SB9 regulations; and
WHEREAS, rescission of Resolution 2021-57 and the existing SB9 regulations is necessary to allow the implementation of new amended SB9 regulations.

WHEREAS, this Resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby rescinds Resolution 2021-57.

BE IT FURTHER RESOLVED, that the effective date shall be upon the commencement of the thirty-first day following the adoption date of the Ordinance implementing Chapter 14.64 to Title 14 (Zoning) of the Los Altos Municipal Code with amended SB9 regulations.

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 May 14, 2024 by the following vote:
150
Agenda Item # 9.

Resolution No. 2024-XX Page 2
AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jonathan D. Weinberg, MAYOR
Attest:
________________________________
Melissa Thurman, MMC, CITY CLERK
151
Agenda Item # 9.

RESOLUTION NO. 2021-57

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

ESTABLISHING OBJECTIVE STANDARDS FOR SINGLE FAMILY
RESIDENCES TO IMPLEMENT SENA TE BILL 9
WHEREAS, on September 16, 2021, the Governor signed Senate Bill 9 (Stats. 2021, Ch. 162) ("SB 9"); and
WHEREAS, SB 9 allows for streamlined ministerial approval for certain residential dwelling units in single-family residential zones; and
WHEREAS, SB 9 requires the City to apply objective design standards to residential dwelling units approved pursuant to the legislation and prohibits discretionary design review for such units; and
WHEREAS, the City of Los Altos has adopted Single-Family Residential Design Guidelines (the "SFRDG") pursuant to Section 14.76.020 of the Los Altos Municipal Code; and
WHEREAS, to implement SB 9, it is necessary or convenient that the City Council amend the SFRDG to specify objective design criteria applicable to new single-family homes; and WHEREAS, SB 9 allows cities to impose certain standards for projects approved under that legislation, which the City Council desires to adopt; and WHEREAS, certain ambiguities in SB 9 require resolution pending guidance from the judiciary and the Department of Housing and Community Development.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Los Altos, as follows:

1. Effective January 1, 2022, the SFRDG are hereby amended to include as APPENDIX D-1 thereof the objective single-family design guidelines (the "Objective Standards") attached to this Resolution as Appendix 1. After January 1, 2022, applications to remodel existing single-family residences and applications to construct new singlefamily residences not subject to approval under SB 9 shall continue to be subject to the SFRDG. Applications to construct new dwelling units subject to approval under SB 9 shall comply with the Objective Standards. Applicants for projects subject to approval under SB 9 are strongly encouraged to comply with all provisions of the SFRDG to ensure high quality design and neighborhood compatibility.

2. Nothing in this Resolution or its appendices is intended to preclude the application to SB 9 projects of: building codes, state and local rules with respect to accessory Resolution No. 2021-57 Page 1 of 17
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Agenda Item # 9.
dwelling units and junior accessory dwelling units, or other laws generally applicable to housing development projects of one to four units.

3. As soon as practicable, Staff is directed to hold one or more study sessions with the Planning Commission and with the Design Review Commission to obtain feedback concerning the Objective Standards from both commissions and from the public.

Relying on such feedback and the experience of Staff in implementing SB 9, Staff is hereby directed to return to the City Council no later than May 2022 to report on the implementation of SB 9 and to recommend any amendments to the Objective Standards.

4. SB 9 authorizes local agencies to impose certain standards and requirements outlined in Appendix 2 to this Resolution. Those standards and requirements are hereby adopted, and the SFRDG is hereby amended to incorporate the standards as APPENDIX D-2 thereof.

5. SB 9 contains certain ambiguities that require interpretation. Pending further guidance from the Department of Housing and Community Development and the judiciary, Staff are hereby directed to follow the guidance included in the interpretive guidance document attached as Appendix 3 to this Resolution. If guidance from HCD or the judiciary conflicts with anything in Appendix 3, then that guidance shall control.

6. The City Council hereby finds that the adoption of this Resolution is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption) and 15308 (Actions by Regulatory Agencies for the Protection of the Environment), in that the regulations hereby imposed are intended to preserve scenic quality for the City of Los Altos by establishing design guidelines to protect the existing community character, and because it can be seen with certainty that the adoption of the regulations hereby imposed will not have a significant effect on the environment ( or that any such effect is wholly speculative), and none of the circumstances in CEQA Guidelines Section 15300.2 applies.

7. In adopting this Resolution, the City Council intends that it be construed to be consistent with the state and federal constitutions and with applicable state housing laws, including SB 9. If any section, sentence, clause, or phrase of this Resolution (including its appendices), is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof.

8. Any person wishing to challenge the validity of any provision of this Resolution (including its appendices), whether facially or as applied, shall, if aggrieved by such provision, appeal to the City Council pursuant to Chapter 1.12 of the Los Altos Municipal Code. As used herein, a person is "aggrieved" if, (a) a provision of this Resolution would prevent the individual from seeking approval of a housing development project for which the individual would like to apply, and (b) in the opinion of the individual, the challenged provision is invalid or unconstitutional. If the City Resolution No. 2021-57 Page 2 of 17
153
Agenda Item # 9.

Council grants an appeal a facial challenge, then it shall direct staff to propose appropriate amendments to this Resolution, consistent with the City Council's decision on the appeal. If the City Council grants an as-applied challenge, then it may allow an exception to standards to the limited extent necessary to avoid the invalidity or unconstitutionality.

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 14th day of December, 2021 by the following vote:

AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows and Mayor Enander
NOES:

ABSENT:

ABSTAIN:

Attest:

None
None
None
��
Andrea Chelemengos, MMC, CITY CLERK
Resolution No. 2021-57
Anita Enander, MAYOR

Page 3 of 17 ends

154
Agenda Item # 9.

APPENDIX 1

OBJECTIVE STANDARDS ADOPTED AS
APPENDIX D-1 TO THE SFRDG
Objective Standards for Single-Family Residential Zone
It is intent that the following standards shall not be applied to preclude a housing development project allowed under SB 9. As used here, a residential dwelling unit includes living space only and not parking or accessory structures.

1. Definition - any term not defined in this section has the meaning given in the City Municipal Code unless otherwise specified.
"Secondary front lot line" means a lot line,abutting a street which is not a front lot line.
"Plate height" means the vertical distance measured from the top of the finished floor to the top of the plates.
"Exterior finish" refers to the exterior fai;ade of a house, excluding the roofs, trim, windows, doors, and shutters.
"Exterior trim" refers to the finish materials on the exterior of a building, such as moldings applied around openings (window trim, door trim), siding, windows, exterior doors, attic vents, and crawl space vents.
"Lines of sight" means with a 60-degree angle beginning at the starting point, 30 degrees to the left and 30 degrees to the right in horizontal perspective. "High-quality transit corridor" means corridor with fixed route bus service with service intervals no longer than fifteen minutes during the morning and afternoon peak commute hours.
"Major transit stop" means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

2. SB 9 - Development Standards
A. Lot Split and Minimum Site Area.

An existing parcel shall not be subdivided into more than two parcels. The smallest subdivided parcel shall not be less than forty percent (40%) of the original parcel, and both newly subdivided parcels each shall be no smaller than one thousand two hundred (1,200) square feet.

B. All development standards under Government Code Section 66411.7 are hereby adopted.

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Agenda Item # 9.

C. Site Frontage and Site Width.
a. The minimum width of the access corridor for each flag lot shall be twenty (20) feet, and shall provide direct access to a public or private street. b. Easements for the provision of public services and facilities and egress and ingress are required.

D. Coverage. The following coverage standards apply unless two single-family units with four-foot rear and side-yard setbacks and 800 square feet each in floor area are precluded.
a. The maximum coverage for all structures in excess of six feet in height shall be thirty-five (35) percent of the total area of the site where the height of one-story development does not exceed twenty (20) feet. b. A minimum of fifty (50) percent of the required front yard area shall be a combination of pervious landscape material and landscaping. c. On sites where the lot coverage exceeds thirty (30) percent, two-story structures shall not be allowed.

E. Floor Area Ratio. The following coverage standards apply unless two singlefamily units with four-foot rear and side-yard setbacks and 800 square feet each in floor area are precluded.
a. For lots with a net site area not exceeding eleven thousand (11,000) square feet, the maximum floor area shall be thirty-five (35) percent of the net site area.
b. For lots with a net site area exceeding eleven thousand (11,000) square feet, the maximum floor area shall be three thousand eight hundred fifty (3,850) square feet plus ten (10) percent times the net site area minus eleven thousand (11,000) square feet.

F. Setbacks.
a. Except as noted below, the minimum setbacks shall be as follows:

Front*
First Story 25 feet
Second Story 30 feet
Secondary Front*
First Story 10 feet
Second Story 13 feet
Resolution No. 2021-57 Page 5 of 17
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Agenda Item # 9.

Side
First Story No less than 4 feet. However, to reduce the privacy impacts to abutting property
owners, applicants are encouraged to
voluntarily increase the setbacks to be at
least 10 feet from the side property lines.

Second Story* No less than 11.5 feet. However, to reduce the privacy impacts to abutting property
owners, applicants are encouraged to
voluntarily increase the second story
setback to be at least 17.5 feet from the
side property lines.

Rear No less than 4 feet. However, to reduce the
privacy impacts to abutting property
owners, applicants are encouraged to
voluntarily increase the rear setback to be
at least 10 feet from the rear property line.
b. No architectural features (i.e. cantilevers, bay windows, and/or any other architectural projections) shall be allowed within the side and rear required setback areas except for 12-inch maximum eaves with four-inch maximum gutters.
c. Notwithstanding these rules, the applicant shall be allowed to construct within the dimensions of an existing legal building.
*Unless two single-family units with four-foot rear- and side-yard setbacks and 800 square are precluded.

G. Height of Structures.

No structure shall exceed two stories or twenty-seven (27) feet in height from the natural grade. On flag lots the height of structures shall be limited to one story and twenty (20) feet in height. Basements shall not be considered a story. When the lot coverage exceeds or is proposed to exceed thirty (30) percent, the maximum height of structures shall be twenty (20) feet.

H. Daylight Plane.
a. No portion of any residential units shall extend above or beyond a daylight plane unless two single-family units with four-foot rear- and side-yard setbacks and 800 square feet each in floor area are precluded.

Resolution No. 2021-57 Page 6 of 17
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Agenda Item # 9.
b. The daylight plane starts at a height of eight feet and six inches (8'-6") at the property line and proceeds inward at 6:12 slope. At eleven feet and six inches from the property line, the daylight plane increases to twenty-three feet (23') and proceeds inward at 6:12 slope. All appurtenances, including chimneys, vents and antennas, shall be within the daylight plane. The daylight plane is not applied to a side or rear property line when it abuts a public alley or public street. However, the daylight plane shall not be enforced if it prohibits two single-family units with 4-foot rear and sideyard setbacks and 800 square feet each in floor area. Notwithstanding this requirement, the maximum required rear and side yard setback shall be no less than four feet.

I. Basements.

The daylig ht plane starts ar a heighl of etght feet and sDI. ilches (8" �") al the property line and proceeds inward at 6:12 slope. Ar eleven feet and six joches from lhe property line, the daylight plane increase to twenty three feet (23') and proceeds inward at 6:12 stope All appurtenances. induding chimneys, vents atld antema,, &haA be ,.,;No !he daylighC plane. Th" da1'Q•t plao• IS noc applied co• 41de 01 ,ea, P">peny litlG whan 11 3bul.S A public Biley o, pubhe sueet. Ha,-.'C'\let. \tie-dayllgrn ptane.SMU no1 bO en!o1<:ed U ii prohibits two single-ramily units with 4-foot rear and side-yard setbacks a,,d 800 square feet each in noor area"
Basements shall be regulated as follows:
a. Basements shall not extend beyond the floor area of the first floor of the main or accessory structure above;
b. Light wells, ingress and egress wells, patio wells, and other similar elements shall not be permitted within a required setback yards. c. Light wells, ingress and egress wells, patio wells, and other similar elements shall utilize vertical retaining walls. Contour graded slopes, which expose the basement as a story, are prohibited.
d. Light wells, ingress and egress wells, patio wells, and other similar elements shall be at least seventy-five (75) percent open in area to light and air above.

Resolution No. 2021-57 Page 7 of 17
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Agenda Item # 9.

J. Outdoor Kitchen, Barbeques, Fireplaces, and Swimming Pools.

Outdoor kitchen barbeques, fireplaces, and swimming pools shall be subject to zoning standards of the underlying zoning district.

K. Parking.
a. One covered parking space for each unit with minimum dimensions of nine (9) feet in width and eighteen (18) feet in depth is required.

Uncovered parking shall be allowed only to the extent necessary to facilitate the construction of two units that each is 800 square feet in size. b. No parking is required in either of the following instances:
1) The subject parcel is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop. 2) A car share vehicle program is located within one block of the parcel.

L. Signs.

Signs shall be subject to zoning standards of the underlying zoning district.

M. Fences.

Fences shall be subject to zoning standards of the underlying zoning district.

N. Nonconforming Use Regulations.

Corrections on nonconforming zoning conditions shall not be required for the ministerial approval of a parcel map application for the creation of a lot split pursuant to SB 9.

0. Accessory Structures.

Accessory structures shall be subject to zoning standards of the underlying zoning district.

3. SB 9- Objective Design Standards
A. Plate Heights.
a. Plate height is limited to 9'-3" for the first floor except that an entry porch may have a maximum plate height of 12' and a garage may have a maximum plate height of 10'.
b. Plate height is limited to 8' -3" for the second floor.

B. Second Floor Windows.

Second floor windows shall be regulated as follows:
a. On elevations that are facing interior side property lines, a minimum sill height of 4'-6" is required for all second-floor windows.

Resolution No. 2021-57 Page 8 of 17
159
Agenda Item # 9.
b. On elevations that are facing rear property lines adjacent to a neighboring property, a minimum sill height of the California Building Code (CBC) minimum required sill height for egress or light and ventilation shall be provided.
c. For any windows within ten feet ofrear or interior side property lines adjacent to a neighboring property, the maximum second story window size shall be no larger than the CBC minimum required size.

C. Balcony and Rooftop Deck.

Balconies and rooftop decks shall be regulated as follows:
a. Balconies and/or roof decks are prohibited when facing interior side yards and rear yard adjacent to a neighboring property.
b. A balcony or a roof deck is allowed only on front elevations facing public and private streets; and a minimum of twenty-five (25) feet side setback shall be provided from the side property lines to the edge of the balcony or roof deck.
c. The maximum depth for any balconies and rooftop decks shall be four (4) feet.
d. The maximum size for any balconies and rooftop decks shall be 25 square feet.
e. Screening devices shall include solid railing walls instead of open railings, and latticework above the required railing height to obscure sight lines from a balcony or a roof deck.

D. Screening Vegetation.

Screening vegetation shall be regulated as follows:
a. Screening vegetation is required in either of the following situations:
1) Within lines of sight for any proposed balcony and roof deck projected to any side property line, screening vegetation shall be planted.
2) Within lines of sight from each jamb of any windows with a sill height of less than 4' -6" at second floor, screening vegetations shall be planted.
b. Any required screening vegetation shall be evergreen species reaching to at least fifteen feet through twenty feet in height at their mature age with permanent irrigation and shall be maintained for the life of the project. c. At least twenty-four-inch (24-inch) box screening vegetation shall be planted prior to occupancy of the residence.

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Agenda Item # 9.

E. Landscaping.

Onsite landscaping shall be regulated as follows:
a. Trees selected from the Street Tree Planting List are required to be planted on site following the standards below:
1) For lots five thousand (5,000) square feet in size or greater, at least two, Category II trees shall be planted with at least one, Category II tree planted in the front yard. For each additional five thousand (5,000) square-foot lot size, one more Category II tree shall be planted onsite.
2) For lots with less than five thousand (5,000) square feet in size, at least one, Category II tree or two Category III trees shall be planted onsite.
3) If there are existing trees onsite, an arborist report, prepared by an ISA certified arborist, may be required to determine the equivalent value of existing trees compared to the Street Tree Planting List. b. Water Efficiency Landscape Ordinance (WELO) and its submittal requirements apply to the following projects:
1) New construction projects with new or rebuilt landscape areas that exceed five hundred (500) square feet.
2) Remodels and/or additions to existing single-family houses with new or rebuilt landscape areas that exceed two thousand five hundred (2,500) square feet.

F. Construction Materials and Colors.

All construction materials shall be long-term (30 years) durability and appearance, as per manufacture's specifications. Specifically, the construction materials shall be subject to the following:
a. Foam trim with a painted stucco finish is prohibited throughout the structure( s ).
b. Mixing roof materials and colors are not allowed except for curved dormers and shed roof structures.
c. Exterior finish including wainscoting used for one structure shall be no greater than three different materials. Each material may be a different color, but every part of exterior finish comprised of a single material shall be a single color.
d. Window and door trims shall be limited to one material and one color. The material and color shall be the same for both windows and door trims.

Resolution No. 2021-57 Page 10 of 17
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Agenda Item # 9.
e. Architectural detailing shall be incorporated such as window and door trim, belly bands, cornices, shutters, column accents to the entry porch, and railings in an integrated composition.

G. Site and Building Design.

The site and building design shall be subject to the following standards to create visual variety and avoid a large-scale appearance:
a. Driveway shall be designed per the following standards:
1) Each property is prohibited from more than one curb cut or driveway accessing a street unless the subject site is fronting a City's Arterial or Collector road.
2) A curb cut or driveway width connecting to a public or private street shall be no greater than twenty-two (22) feet.
3) For corner lots, driveway connections shall be at least thirty (30) feet from the intersecting corner property lines at the street intersection. 4) If the project impacts a street shoulder, then it shall be improved accordingly per City's Street Shoulder Improvement Policy. b. Fac;ade articulation shall be provided with at least six corners on the first floor.
c. Building entrances shall have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of thirty (30) square feet. Any corners within the building entrances shall not count as part of the corners as required above. d. Downspout shall be painted to match or accent the exterior finish color. e. Attached garage shall be subject to the following standards:
1) Attached garage shall be recessed at least one foot from the front elevation wall plane of the residence.
2) When a three-car attached garage is proposed, visual impact shall be reduced by, (i) using a tandem parking layout inside a two-car-wide garage; (ii) using three single-car-wide garage doors instead of a double and a single garage door; or (iii) setting back one of the doors from the others.

Resolution No. 2021-57 Page 11 of 17
162
Agenda Item # 9.
-Two C.lr wta.e. doer- •�!-t �CK • ,:

Less 1moac1
Tandem lhree car
garage
Less Impact
f. Windows and doors shall either be trimmed or recessed.

Moderate Impact
1) When trimmed, the trim material shall not be less than 3.5" in width by ¾" in depth when protruding from the wall.
2) When recessed, the building primary siding material shall cover the recessed edge faces and wrap toward the interior face of the window glazing or door face by not less than 2 inches in depth. g. The design of roof shall be regulated as follows:
1) No more than two types of roof forms shall be used.
2) No more than two roof pitches shall be used.
h. First floor finished elevation shall be no more than twenty-two (22) inches above existing natural grade on a non-hillside lot. In a flood zone or flood way, the first-floor level may be set at the minimum allowed above grade to meet code requirements.

1. For a hillside property, a stepped foundation is required where the average slope beneath the proposed structure is 10% or greater.

J
. No permanent noise generating mechanical equipment shall be located in any required side and rear yards. The placement and operation of any such equipment must be consistent with the City's Noise Ordinance. k. No exterior staircases above grade shall be allowed.

1. Except for pathway lighting, outdoor lighting fixtures shall be downward facing and fully shielded or recessed.
m. All new utility services and relocated existing utility services are placed underground pursuant to Chapter 12.68 of Municipal Code.

Resolution No. 2021-57 Page 12 of 17
163
Agenda Item # 9.

APPENDIX 2
STANDARDS ADOPTED PURSUANT TO SB 9 AS
APPENDIX D-2 TO THE SFRDG
1) Objective Zoning/Subdivision/Design Standards. SB 9 authorizes the City to impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to structures and parcels created by an urban lot split that do not conflict with SB 9 or preclude the construction of two 800 square foot minimum primary dwelling units. Accordingly, all such existing objective City standards shall apply to SB 9 projects, in addition to any additional objective standards that the City may adopt.
2) Maximum Units and Lots. The City shall not approve more residential dwelling units or lots for any SB 9 project than required under state law, as set forth in Appendix 3 of City Council Resolution No. 2021-57.
3) Parking. SB 9 allows the City to choose to require parking consistent with the terms thereof.

Accordingly, the City shall require off-street parking of one space per unit, unless the lot is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or unless there is a car share vehicle located within one block of the parcel.
4) Setbacks. SB 9 allows the City to choose to require setbacks consistent with the terms thereof.

Accordingly, the City shall require setbacks of not less than four feet from the side and rear lot lines in all SB 9 projects, except as otherwise specified in SB 9. 5) Applicant Residency; Short-Term Rental. SB 9 requires every applicant for a ministerial lot split to provide an affidavit confirming that the applicant intends to reside in one of the SB 9 units for three years. The City shall enforce this requirement. All units created under SB 9 shall be subject to the City's short-term rental ordinance, codified at Chapter 14.30 of the Los Altos Municipal Code.
6) Impact/Development Fees. Applicants for SB 9 projects shall pay all applicable development impact fees imposed by the City.
7) Historic Properties. An SB 9 project may not be located at a property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or at a site that is designated by the City as a historic landmark or listed in the City's historic resource inventory, pursuant to Los Altos Municipal Code Chapter 12.44. 8) Unavoidable Adverse Impacts. SB 9 authorizes the Building Official to deny a project upon written findings, based on a preponderance of evidence, that the project will have a specific, adverse impact upon public health and safety or the physical environment for which there is no 13 164
Agenda Item # 9.
feasible method to mitigate or avoid. The Building Official shall assess every SB 9 application for such unavoidable adverse impacts and shall, in consultation with the City Attorney, deny a project if an unavoidable adverse impact is identified. The Building Official's determination shall be final. For greater clarity, a project would have a specific, adverse impact on the physical environment if it would have an unavoidable impact on historic resources, as defined in CEQA Guidelines Section 15064.5.
14 165
Agenda Item # 9.

APPENDIX 3

INTERPRETIVE GUIDANCE DOCUMENT
SB 9 applies in "single-family residential zones." The term "single-family residential zone" as used in Government Code Sections 65852.21(a) and 6641 l.7(a)(3)(A) is not defined. Within the City of Los Altos, the term "single-family residential zone" shall be construed to mean an Rl zoning designation.

The City's application checklist for single-family homes would require applicants to indicate in writing whether the application is being brought pursuant to SB 9.

SB 9 allows for ministerial approval of certain "new" residential dwelling units. The term "new unit" as used in Government Code Section 65852.21 (i)(l) is not defined, but provisions of SB 9 appear to assume that a new residential dwelling unit could include a reconstructed residential dwelling unit. Therefore, the term "new unit," as used in SB 9, shall be construed to mean any of the following:
(1) A new residential dwelling unit (other than an accessory dw�lling unit)' proposed to be constructed on previously vacant ground;
(2) A new residential dwelling unit ( other than an accessory dwelling unit) constructed in place of a demolished residential dwelling unit;2
(3) A residential dwelling unit (other than an accessory dwelling unit) reconstructed to the substantial equivalence of new.

As used above, a residential dwelling unit is reconstructed to the "substantial equivalence of new" if any of the following three sets of criteria apply:
(1) The residential dwelling unit is stripped to the studs and/or foundation and reconstructed; (2) A substantial remodel is proposed in connection with a substantial addition so that the home will have the appearance of a new home and a remaining physical and economic life comparable to that of a new home. These criteria shall be deemed to be met if all the following apply:
a. An addition is proposed to an existing residential dwelling unit equal to or greater in size than 50% of the floor area of the existing residential dwelling unit (excluding 1 Reference to accessory dwelling units here is not meant to exclude construction of such units as allowed under Government Code Sections 65852.2 and 65852.22. Rather, the intent here is merely to define the term "new unit" for purposes of Section 65852.2 1 (i)( I).
2 Nothing herein is intended to exempt an applicant from the requirements of Government Code Section 65852.2 l(a)(3)-(5).
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Agenda Item # 9.
garages, accessory dwelling units, other accessory structures, crawl spaces, unfinished attics, and basement floor areas);
b. At least 25% ( or more, if necessary to bring the structure into compliance with applicable building codes) of the existing roof will be demolished, repaired, or replaced, and the entire roof covering will be replaced; c. At least 25% ( or more, if necessary to bring the structure into compliance with applicable building codes) of the existing fac;:ade will be demolished, repaired, or replaced, the entire fac;:ade will be repainted or otherwise resurfaced, and the entire fac;:ade for the residential dwelling unit in its completed condition is designed to match;
d. All existing floor coverings and plumbing fixtures will be removed and, as applicable, replaced;
e. Sprinklers will be installed if not already provided; f. At least 25% ( or more, if necessary to bring the structure into compliance with applicable building codes) of existing drywall or other wall coverings will be demolished, repaired, or replaced, and all retained wall covering will be repainted or otherwise resurfaced; and
g. All exterior doors and windows will be replaced.
(3) All the major systems of the home are repaired or replaced S<? that the home will have the appearance of a new home and a remaining physical and economic life comparable to that of a new home. These criteria shall be deemed to be met if all the following apply:
a. All existing plumbing, electrical, and HVAC systems will be replaced or rehabilitated consistent with modem building standards to ensure an estimated remaining physical life of at least 50 years for plumbing and electrical systems and 20 years for HV AC systems; and
b. The circumstances described in Item Nos. 2(b) to 2(g) apply.

For greater clarity, a lot developed under SB 9 may contain no more than four total residential dwelling units. These shall be limited to the following:
(I) On a lot that is not split pursuant to Government Code Section 66411. 7 and for which an existing primary residential dwelling unit is retained: one existing primary residential dwelling unit, one new primary residential dwelling unit, one accessory dwelling unit, and one junior accessory dwelling unit, for four units in total. (2) On a lot that is not split pursuant to Government Code Section 66411. 7 and for which an existing primary dwelling unit does not exist or is demolished or reconstructed: two new primary residential dwelling units, one accessory dwelling unit, and one junior accessory dwelling unit, for four units in total.
(3) On a lot that is split pursuant to Government Code section 66411. 7: not more than two existing primary and/or accessory residential dwelling units (including junior accessory 16 167
Agenda Item # 9.
dwelling units) per newly created lot and not more than two new primary residential dwelling units per newly created lot, for an ultimate total of not more than two residential dwelling units per newly created lot and four residential dwelling units total. In lieu of two new primary residential dwelling units on each newly created lot, an applicant may propose one new primary residential dwelling unit together with either a new accessory dwelling unit or a new junior accessory dwelling unit, provided that the applicant submits a written statement with the application for the housing development project indicating the applicant's understanding that providing the accessory dwelling unit or junior accessory dwelling unit will prevent the applicant from constructing a second primary residential dwelling unit. It is the intent of this provision that not more than four units may be constructed per original lot.
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Agenda Item # 9.

California Department of Housing and Community Development SB 9 Fact Sheet
On the Implementation of Senate Bill 9 (Chapter 162, Statutes of 2021)
Housing Policy Development Division
March 2022
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Agenda Item # 9.

California Department of Housing and Community Development – SB 9 Fact Sheet 1 This Fact Sheet is for informational purposes only and is not intended to implement or interpret SB 9. HCD does not have authority to enforce SB 9, although violations of SB 9 may concurrently violate other housing laws where HCD does have enforcement authority, including but not limited to the laws addressed in this document. As local jurisdictions implement SB 9, including adopting local ordinances, it is important to keep these and other housing laws in mind. The Attorney General may also take independent action to enforce SB 9. For a full list of statutes over which HCD has enforcement authority, visit HCD’s Accountability and Enforcement webpage.

Executive Summary of SB 9
Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.), anti-displacement measures for renters and low-income households, and the protection of historic structures and districts. Key provisions of the law require a local agency to modify or eliminate objective development standards on a project-by-project basis if they would prevent an otherwise eligible lot from being split or prevent the construction of up to two units at least 800 square feet in size. For the purposes of this document, the terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an accessory dwelling unit (ADU) or junior ADU or otherwise defined.

Single-Family Residential Zones Only (Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7 subd. (a)(3)(A)) The parcel that will contain the proposed housing development or that will be subject to the lot split must be located in a single-family residential zone. Parcels located in multifamily residential, commercial, agricultural, mixed-use zones, etc., are not subject to SB 9 mandates even if they allow single-family residential uses as a permitted use. While some zones are readily identifiable as single-family residential zones (e.g., R-1 “SingleFamily Residential”), others may not be so obvious. Some local agencies have multiple single-family zones with subtle distinctions between them relating to minimum lot sizes or allowable uses. In communities where there may be more than one single-family residential zone, the local agency should carefully review the zone district descriptions in the zoning code and the land use designation descriptions in the Land Use Element of the General Plan. This review will enable the local agency to identify zones whose primary purpose is single-family residential uses and which are therefore subject to SB 9.

Considerations such as minimum lot sizes, natural features such as hillsides, or the permissibility of keeping horses should not factor into the determination. 170
Agenda Item # 9.

California Department of Housing and Community Development – SB 9 Fact Sheet 2 Residential Uses Only
(Reference: Gov. Code, §§ 65852.21, subd. (a))
SB 9 concerns only proposed housing developments containing no more than two residential units (i.e., one or two). The law does not otherwise change the allowable land uses in the local agency’s single-family residential zone(s). For example, if the local agency’s single-family zone(s) does not currently allow commercial uses such as hotels or restaurants, SB 9 would not allow such uses.

Ministerial Review
(Reference: Gov. Code, §§ 65852.21, subd. (a); 66411.7, subds. (a), (b)(1)) An application made under SB 9 must be considered ministerially, without discretionary review or a hearing. Ministerial review means a process for development approval involving no personal judgment by the public official as to the wisdom of carrying out the project. The public official merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgment in reaching a decision. A ministerial review is nearly always a “staff-level review.” This means that a staff person at the local agency reviews the application, often using a checklist, and compares the application materials (e.g., site plan, project description, etc.) with the objective development standards, objective subdivision standards, and objective design standards.

Objective Standards
(Reference: Gov. Code, §§ 65852.21, subd. (b); 66411.7, subd. (c)) The local agency may apply objective development standards (e.g., front setbacks and heights), objective subdivision standards (e.g., minimum lot depths), and objective design standards (e.g., roof pitch, eave projections, façade materials, etc.) as long as they would not physically preclude either of the following:

Up to Two Primary Units. The local agency must allow up to two primary units (i.e., one or two) on the subject parcel or, in the case of a lot split, up to two primary units on each of the resulting parcels.

Units at least 800 square feet in size. The local agency must allow each primary unit to be at least 800 square feet in size.

The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Any objective standard that would physically preclude either or both of the two objectives noted above must be modified or 171
Agenda Item # 9.

California Department of Housing and Community Development – SB 9 Fact Sheet 3 waived by the local agency in order to facilitate the development of the project, with the following two exceptions:

Setbacks for Existing Structures. The local agency may not require a setback for an existing structure or for a structure constructed in the same location and to the same dimensions as an existing structure (i.e., a building reconstructed on the same footprint).

Four-Foot Side and Rear Setbacks. SB 9 establishes an across-the-board maximum four-foot side and rear setbacks. The local agency may choose to apply a lesser setback (e.g., 0-4 feet), but it cannot apply a setback greater than four feet. The local agency cannot apply existing side and rear setbacks applicable in the single-family residential zone(s). Additionally, the four-foot side and rear setback standards are not subject to modification. (Gov. Code, §§ 65852.21, subd. (b)(2)(B); 66411.7, subdivision (c)(3).)
One-Unit Development
(Reference: Gov. Code, §§ 65852.21, subd. (a); 65852.21, subd. (b)(2)(A)) SB 9 requires the ministerial approval of either one or two residential units. Government Code section 65852.21 indicates that the development of just one single-family home was indeed contemplated and expected. For example, the terms “no more than two residential units” and “up to two units” appear in the first line of the housing development-related portion of SB 9 (Gov. Code, § 65852.21, subd. (a)) and in the line obligating local agencies to modify development standards to facilitate a housing development. (Gov. Code, § 65852.21, subd. (b)(2)(A).)
Findings of Denial
(Reference: Gov. Code, §§ 65852.21, subd. (d); 66411.7, subd. (d)) SB 9 establishes a high threshold for the denial of a proposed housing development or lot split. Specifically, a local agency’s building official must make a written finding, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Gov. Code, § 65589.5, subd. (d)(2).)
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Agenda Item # 9.

California Department of Housing and Community Development – SB 9 Fact Sheet 4 Environmental Site Constraints
(Reference: Gov. Code, §§ 65852.21, subd. (a)(2) and (a)(6); 66411.7, subd. (a)(3)(C) and (a)(3)(E)) A proposed housing development or lot split is not eligible under SB 9 if the parcel contains any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K). Examples of conditions that may disqualify a project from using SB 9 include the presence of farmland, wetlands, fire hazard areas, earthquake hazard areas, flood risk areas, conservation areas, wildlife habitat areas, or conservation easements. SB 9 incorporates by reference these environmental site constraint categories that were established with the passing of the Streamlined Ministerial Approval Process (SB 35, Chapter 366, Statutes of 2017). Local agencies may consult HCD’s Streamlined Ministerial Approval Process Guidelines for additional detail on how to interpret these environmental site constraints.

Additionally, a project is not eligible under SB 9 if it is located in a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or as a historic property or district pursuant to a city or county ordinance.

California Environmental Quality Act (CEQA)
Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (n)) Because the approval of a qualifying project under SB 9 is deemed a ministerial action, CEQA does not apply to the decision to grant an application for a housing development or a lot split, or both. (Pub. Resources Code, § 21080, subd. (b)(1) [CEQA does not apply to ministerial actions]; CEQA Guidelines, § 15268.) For this reason, a local agency must not require an applicant to perform environmental impact analysis under CEQA for applications made under SB 9. Additionally, if a local agency chooses to adopt a local ordinance to implement SB 9 (instead of implementing the law directly from statute), the preparation and adoption of the ordinance is not considered a project under CEQA. In other words, the preparation and adoption of the ordinance is statutorily exempt from CEQA.

Anti-Displacement Measures
(Reference: Gov. Code, §§ 65852.21, subd. (a)(3); 66411.7, subd. (a)(3)(D)) A site is not eligible for a proposed housing development or lot split if the project would require demolition or alteration of any of the following types of housing: (1) housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (2) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; or (3) housing that has been occupied by a tenant in the last three years. 173
Agenda Item # 9.

California Department of Housing and Community Development – SB 9 Fact Sheet 5 Lot Split Requirements
(Reference: Gov. Code, § 66411.7)
SB 9 does not require a local agency to approve a parcel map that would result in the creation of more than two lots and more than two units on a lot resulting from a lot split under Government Code section 66411.7. A local agency may choose to allow more than two units, but it is not required to under the law. A parcel may only be subdivided once under Government Code section 66411.7. This provision prevents an applicant from pursuing multiple lot splits over time for the purpose of creating more than two lots. SB 9 also does not require a local agency to approve a lot split if an adjacent lot has been subject to a lot split in the past by the same property owner or a person working in concert with that same property owner.

Accessory Dwelling Units
(Reference: Gov. Code, §§ 65852.21, subd. (j); 66411.7, subd. (f)) SB 9 and ADU Law (Gov. Code, §§ 65852.2 and 65858.22) are complementary. The requirements of each can be implemented in ways that result in developments with both “SB 9 Units” and ADUs. However, specific provisions of SB 9 typically overlap with State ADU Law only to a limited extent on a relatively small number of topics. Treating the provisions of these two laws as identical or substantially similar may lead a local agency to implement the laws in an overly restrictive or otherwise inaccurate way. “Units” Defined. The three types of housing units that are described in SB 9 and related ADU Law are presented below to clarify which development scenarios are (and are not) made possible by SB 9. The definitions provided are intended to be read within the context of this document and for the narrow purpose of implementing SB 9.

Primary Unit. A primary unit (also called a residential dwelling unit or residential unit) is typically a single-family residence or a residential unit within a multi-family residential development. A primary unit is distinct from an ADU or a Junior ADU.

Examples of primary units include a single-family residence (i.e., one primary unit), a duplex (i.e., two primary units), a four-plex (i.e., four primary units), etc.

Accessory Dwelling Unit. An ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family or multifamily dwelling is or will be situated.

Junior Accessory Dwelling Unit. A Junior ADU is a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A Junior ADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.
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Agenda Item # 9.

California Department of Housing and Community Development – SB 9 Fact Sheet 6 The terms “unit,” “housing unit,” “residential unit,” and “housing development” mean primary unit(s) unless specifically identified as an ADU or Junior ADU or otherwise defined. This distinction is critical to successfully implementing SB 9 because state law applies different requirements (and provides certain benefits) to ADUs and Junior ADUs that do not apply to primary units.

Number of ADUs Allowed. ADUs can be combined with primary units in a variety of ways to achieve the maximum unit counts provided for under SB 9. SB 9 allows for up to four units to be built in the same lot area typically used for a single-family home. The calculation varies slightly depending on whether a lot split is involved, but the outcomes regarding total maximum unit counts are identical.

Lot Split. When a lot split occurs, the local agency must allow up to two units on each lot resulting from the lot split. In this situation, all three unit types (i.e., primary unit, ADU, and Junior ADU) count toward this two-unit limit. For example, the limit could be reached on each lot by creating two primary units, or a primary unit and an ADU, or a primary unit and a Junior ADU. By building two units on each lot, the overall maximum of four units required under SB 9 is achieved. (Gov. Code, § 66411.7, subd. (j).) Note that the local agency may choose to allow more than two units per lot if desired.

No Lot Split. When a lot split has not occurred, the lot is eligible to receive ADUs and/or Junior ADUs as it ordinarily would under ADU law. Unlike when a project is proposed following a lot split, the local agency must allow, in addition to one or two primary units under SB 9, ADUs and/or JADUs under ADU Law. It is beyond the scope of this document to identify every combination of primary units, ADUs, and Junior ADUs possible under SB 9 and ADU Law. However, in no case does SB 9 require a local agency to allow more than four units on a single lot, in any combination of primary units, ADUs, and Junior ADUs.

See HCD’s ADU and JADU webpage for more information and resources.

Relationship to Other State Housing Laws
SB 9 is one housing law among many that have been adopted to encourage the production of homes across California. The following represent some, but not necessarily all, of the housing laws that intersect with SB 9 and that may be impacted as SB 9 is implemented locally.

Housing Element Law. To utilize projections based on SB 9 toward a jurisdiction’s regional housing need allocation, the housing element must: 1) include a site-specific inventory of sites where SB 9 projections are being applied, 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute an impediment for additional residential use, 3) identify any governmental constraints to the use of SB 9 in the creation of units (including land use controls, fees, 175
Agenda Item # 9.

California Department of Housing and Community Development – SB 9 Fact Sheet 7 and other exactions, as well as locally adopted ordinances that impact the cost and supply of residential development), and 4) include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and facilitate development. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through SB 9. Learn more on HCD’s Housing Elements webpage.

Housing Crisis Act of 2019. An affected city or county is limited in its ability to amend its general plan, specific plans, or zoning code in a way that would improperly reduce the intensity of residential uses. (Gov. Code, § 66300, subd. (b)(1)(A).) This limitation applies to residential uses in all zones, including single-family residential zones. “Reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or any other action that would individually or cumulatively reduce the site’s residential development capacity. (Gov. Code, § 66300, subd. (b)(1)(A).) A local agency should proceed with caution when adopting a local ordinance that would impose unique development standards on units proposed under SB 9 (but that would not apply to other developments). Any proposed modification to an existing development standard applicable in the single-family residential zone must demonstrate that it would not result in a reduction in the intensity of the use. HCD recommends that local agencies rely on the existing objective development, subdivision, and design standards of its singlefamily residential zone(s) to the extent possible. Learn more about Designated Jurisdictions Prohibited from Certain Zoning-Related Actions on HCD’s website.

Housing Accountability Act. Protections contained in the Housing Accountability Act (HAA) and the Permit Streaming Act (PSA) apply to housing developments pursued under SB 9. (Gov. Code, §§ 65589.5; 65905.5; 65913.10; 65940 et seq.) The definition of “housing development project” includes projects that involve no discretionary approvals and projects that include a proposal to construct a single dwelling unit. (Gov. Code, § 65905.5, subd. (b)(3).) For additional information about the HAA and PSA, see HCD’s Housing Accountability Act Technical Assistance Advisory.

Rental Inclusionary Housing. Government Code section 65850, subdivision (g), authorizes local agencies to adopt an inclusionary housing ordinance that includes residential rental units affordable to lower- and moderate-income households. In certain circumstances, HCD may request the submittal of an economic feasibility study to ensure the ordinance does not unduly constrain housing production. For additional information, see HCD’s Rental Inclusionary Housing Memorandum.
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Agenda Item # 9.

City Council Agenda Report
Meeting Date: May 14, 2024
Prepared By: Melissa Thurman, City Clerk
Approved By: Gabriel Engeland, City Manager
Subject: Discuss and provide direction on a potential policy related to public comments from a remote platform for public meetings

COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government

RECOMMENDATION
Discuss and provide direction on a potential policy related to public comments from a remote platform for public meetings.

FISCAL IMPACT
Not applicable.

ENVIRONMENTAL REVIEW
Not applicable.

PREVIOUS COUNCIL CONSIDERATION
On July 11, 2023, the City Council held a Closed Session meeting to discuss recent incidents of “Zoom bombings” throughout the state of California during public meetings. Zoombombing refers to the unwanted or hate-filled speech during the public comment period of remote speakers during a publicly held meeting. The City Council directed staff to pause remote participation during public meetings and to bring the item back for discussion in 2024.

BACKGROUND
The Ralph M. Brown Act (Government Code Sections 54950 et seq.) requires that the City Council conduct business in open, public, and noticed meetings. Prior to the COVID-19 pandemic, all City Council meetings were held in person only and there were no options for remote public participation, including remote public comment. During the pandemic, the use of software was enabled to allow for remote public participation, including remote public comment. 177
Agenda Item # 10.

DISCUSSION
Currently the public may provide feedback to the City Council in the following ways:
 Emailing the City Council with comments prior to the meeting. These comments are included in the official record of the meeting and are received by the City Council as they are submitted.
 Attend meetings in person and provide verbal comments.

In March 2024, the City Clerk collected survey data to other public agencies throughout California, to determine whether remote public participation during public meetings was utilized in those agencies. 83 agencies responded and the results are as follows:
 10 agencies allow a hybrid format with limitations.
 26 agencies allow remote public comments.
 47 agencies discontinued remote public comments.

Whether in person or remote, members of the public may participate from anywhere in the world and are not required to live in the City of Los Altos to speak on any item on the agenda, or on items not on the agenda. Applicable law would not allow the City to impose restrictions upon remote participants, such as residency restrictions or restrictions on speech made during public comment periods.

POLICY QUESTIONS FOR COUNCIL

1. Does the City Council want to allow remote public comments during Council meetings or to discontinue the practice?

2. If remote public comment is allowed, does the City Council wish to place any restrictions on time allotted for individuals making comments or move this agenda item to a different place/order on the agenda?

ATTACHMENTS

1. Remote Participation Survey
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Agenda Item # 10.

Remote Participation Survey of Local Agencies
Agency Current Remote Participation Status Notes
City of Alameda Hybrid with limitations
Remote public comments allowed on agenda
items only. Non-agendized remote public
comment not allowed.

City of Albany Hybrid with limitations
City of Antioch Discontinued Remote Public Comment
City of Arcadia Allowing remote public comments
Members of the public who wish to speak
remotely must email the City Clerk prior to the
meeting to obtain the Zoom details; this is not
posted on the public agenda.

City of Berkeley Allowing remote public comments
City of Brentwood Hybrid with limitations
Remote public comments allowed on agenda
items only. Non-agendized remote public
comment not allowed.

City of Calabasas Discontinued Remote Public Comment
City of Carmel-by-the-Sea Allowing remote public comments City of Ceres Discontinued Remote Public Comment
City of Claremont Discontinued Remote Public Comment
City of Concord Discontinued Remote Public Comment
County of Contra Costa Temporarily Discontinued Remote Public Comment City of Danville Discontinued Remote Public Comment
City of Dublin Allowing remote public comments
City of Eastvale Never allowed remote public comments; never went hybrid City of El Cerrito Discontinued Remote Public Comment
El Dorado County Board of Supervisors Allowing remote public comments City of Fremont Discontinued Remote Public Comment
City of Galt Discontinued Remote Public Comment
City of Gilroy Discontinued Remote Public Comment
City of Half Moon Bay Allowing remote public comments
City of Hayward Hybrid with limitations
City of Healdsburg Temporarily Discontinued Remote Public Comment City of Hermosa Beach Allowing remote public comments
City of Irwindale Temporarily Discontinued Remote Public Comment City of Isleton Discontinued Remote Public Comment
City of Lafayette Allowing remote public comments
City of Larkspur Discontinued Remote Public Comment
179
Agenda Item # 10.

Remote Participation Survey of Local Agencies
City of Livermore Discontinued Remote Public Comment
City of Los Gatos Allowing remote public comments Was zoombombed in March 2024 City of Malibu Temporarily Discontinued Remote Public Comment May become a permanent discontinuation City of Martinez Allowing remote public comments
City of Milpitas Temporarily Discontinued Remote Public Comment City of Modesto Discontinued Remote Public Comment
City of Monterey Allowing remote public comments
Ongoing Council discussion due to numerous
incidents of zoombombings
City of Monte Sereno Allowing remote public comments
Council is considering permanently discontinuing
remote public comments
City of Moorpark Discontinued Remote Public Comment
City of Morgan Hill Discontinued Remote Public Comment
City of Mountain View Allowing remote public comments
City of Newark Discontinued Remote Public Comment
City of Novato Discontinued Remote Public Comment
City of Oakland Allowing remote public comments
City of Oakley Discontinued Remote Public Comment
City of Orinda Discontinued Remote Public Comment
City of Pacific Grove Discontinued Remote Public Comment City of Pacifica Hybrid with limitations
Council is considering permanently discontinuing
remote public comments
Palm Springs Administrative Appeals Board Temporarily Discontinued Remote Public Comment City of Palo Alto Discontinued Remote Public Comment
Palo Alto Unified School District Board Temporarily Discontinued Remote Public Comment City of Piedmont Hybrid with limitations
City of Pinole Hybrid with limitations
City of Pittsburg Discontinued Remote Public Comment
City of Pleasanton Discontinued Remote Public Comment
Public Comment only if Council Member is
Remote
Town of Portola Valley Allowing remote public comments
Council is considering permanently discontinuing
remote public comments
City of Redwood City Discontinued Remote Public Comment City of Richmond Allowing remote public comments
City of Sacramento Discontinued Remote Public Comment
City of San Bernardino Discontinued Remote Public Comment 180
Agenda Item # 10.

Remote Participation Survey of Local Agencies
City of San Carlos Allowing remote public comments
City of San Diego Allowing remote public comments
San Francisco Board of Supervisors Discontinued Remote Public Comment City of San Jose Allowing remote public comments
City of San Leandro Hybrid with limitations
City of San Mateo Allowing remote public comments
City of San Ramon Discontinued Remote Public Comment
City of Santa Clara Allowing remote public comments
City of Santa Rosa Discontinued Remote Public Comment
Santa Rosa City Schools Board Discontinued Remote Public Comment City of Saratoga Allowing remote public comments
Reorganized agenda so public comment on items
not on agenda is at the end of meeting.

City of Seaside Allowing remote public comments
City of Sebastopol Hybrid with limitations
Council is considering permanently discontinuing
remote public comments
City of Solvang Hybrid with limitations
Council is considering permanently discontinuing
remote public comments
City of Sonoma Discontinued Remote Public Comment
Sonoma County Board of Supervisors Discontinued Remote Public Comment City of South San Francisco Discontinued Remote Public Comment City of Sunnyvale Allowing remote public comments
City of Tiburon Discontinued Remote Public Comment
City of Union City Discontinued Remote Public Comment
City of Vallejo Allowing remote public comments
City of Ventura Allowing remote public comments
City of Walnut Creek Discontinued Remote Public Comment City of Watsonville Temporarily Discontinued Remote Public Comment City of Windsor Discontinued Remote Public Comment
181
Agenda Item # 10.

City of Los Altos 2024 Tentative Council Agenda Calendar All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing.

Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda.

MAY 28, 2024
Closed Session: TBD
Study Session (6:00 p.m.): Discussion on CIPs
SPECIAL ITEMS:
• Proclamation Recognizing Historical Preservation Award CONSENT:
• Animal Control Services (Pets in Need)
• Adopt SB9 Ordinance
DISCUSSION:
• Award of Non-Profit and Community Grants
• Adopt Resolution with Intent to Transition to District-Based Elections • Special Events Sponsorship
PUBLIC HEARING:
• Adoption of Dev Impact Fee Nexus Study
182
Agenda Item # 11.

City of Los Altos 2024 Tentative Council Agenda Calendar All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing.

Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda.

JUNE 11, 2024
Closed Session: TBD
Study Session: TBD
SPECIAL ITEMS:

CONSENT:
• Award the Annual Street Resurfacing Project
• Award the Structural Reach Replacement Project WW-01002 • Award the Sanitary Sewer Video Inspection Project WW-01011 • Adoption of a Resolution – Weed Abatement
• Adopt a Resolution for El Camino Real Maintenance Agreement DISCUSSION:
• Introduce Public Arts Ordinance
PUBLIC HEARING:
• Adoption of Development Impact Fees Resolution
• Adoption of 24/25 Budget
• Adopt Resolution No. 2024-__ approving the Report of Sewer Service Charges for Fiscal Year 2024-2025 and directing the Filing of Charges for Collection by the County Tax Collector Remaining 2024 City Council agenda calendar items are pending and will be published at a later date. 183
Agenda Item # 11.

PROGRAM SUB PROJECT INITIATION DATE HEU COMPLETION DATE STATUS Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

Budget & Hire Planning
Technician December 31, 2022 COMPLETED
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

Amend ADU Ordinance
based upon HCD's letter 6 months or less IN-PROGRESS
Program 6.G: Housing mobility
Allow more than one
JADU (at least two per
site)
with ADU Ordinance
Update IN-PROGRESS
Program 3.H: Amend design review process and
requirements.

Eliminate 3rd Party
Architectural Review February 28, 2023 COMPLETED
Program 3.H: Amend design review process and
requirements.

Dismiss Design Review
Commission February 28, 2023 COMPLETED
Program 3.L: Eliminate the requirement of story poles. March 31, 2023 COMPLETED Program 2.E: Conduct annual ADU rental income surveys.

Budget & Hire Housing
Manager March 31, 2023 COMPLETED
Program 4.J: Facilitate alternate modes of transportation for Adopt VMT Policy & June 30, 2023 COMPLETED Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

RFP-Permit Ready ADU
Plans July 31, 2023 COMPLETED
Program 1.H: Facilitate housing on City-owned sites. Financial Analysis July 1, 2023 December 31, 2023 IN-PROGRESS Program 3.D: Evaluate and adjust impact fees. August 1, 2023 December 31, 2024 IN-PROGRESS Program 1.H: Facilitate housing on City-owned sites. Release RFP December 31, 2023 DEVELOPING RFI/RFP Program 6.C: Target housing development in highest
resource areas. Initial Outreach September 31, 2023
Program 6.D: Promote Housing Choice (Section 8) rental
assistance program. September 31, 2023
Program 2.A: Continue to implement and enhance
inclusionary housing requirements. December 31, 2023 ONGOING Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Housing in-lieu fee. December 31, 2023 COMPLETED Program 2.F: Water and Sewer Service Providers. December 31, 2023 COMPLETED Program 3.B: Modify building height in mixed-use zoning districts. Downtown Districts December 31, 2023 COMPLETED 184
Agenda Item # 11.

Program 3.E: Ensure that the density bonus ordinance
remains consistent with State law. December 31, 2023 ONGOING Program 3.H: Amend design review process and
requirements. Code Amendments December 31, 2023 COMPLETED Program 3.K: Standardize multimodal transportation
requirements.

Bicycle Storage and
Charging Regulations December 31, 2023 COMPLETED
Program 3.K: Standardize multimodal transportation
requirements.

Remove CSC Review of
Housing Developments December 31, 2023 COMPLETED
Program 4.C: Allow Low Barrier Navigation Centers
consistent with AB 101. December 31, 2023 COMPLETED
Program 4.D: Allow transitional and supportive housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.E: Allow employee/farmworker housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.F: Reasonably accommodate disabled persons’
housing needs. December 31, 2023 COMPLETED
Program 6.B: Maintain and expand an inventory of
affordable housing funding sources. Prepare Inventory. December 31, 2023 Program 6.E: Prepare and distribute anti-displacement
information. December 31, 2023
Program 1.A: Rezone for RHNA shortfall. January 31, 2024 COMPLETED Program 1.G: Rezone housing sites from previous Housing Elements. January 31, 2024 COMPLETED
Program 3.G: Amend Conditional Use Permits findings
applicable to housing developments. March 31, 2024 COMPLETED Program 3.I: Allow residential care facilities consistent with State law. January 31, 2024 COMPLETED
Program 3.J: Explicitly allow manufactured homes consistent with State law. January 31, 2024 COMPLETED
Program 3.F: Reduce Conditional Use Permit requirement for residential mixed-use and
multi-family. September 31, 2024 COMPLETED
Program 1.B: Facilitate higher density housing in the
Commercial Thoroughfare (CT) District. January 31, 2024 COMPLETED 185
Agenda Item # 11.

Program 1.C: Allow housing in the Office Administrative (OA) District. January 31, 2024 COMPLETED
Program 1.E: Update the Loyola Corners Specific Plan. January 31, 2024 COMPLETED Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).

Adopt-Permit Ready ADU
Plans December 31, 2024 IN-PROGRESS
Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements. Downtown Parking Plan December 31, 2024 IN-PROGRESS Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements.

Comprehensive Parking
Ordinance Update December 31, 2024 COMPLETED
Program 3.B: Modify building height in mixed-use zoning districts.

Neighborhood (CN)
District December 31, 2024 COMPLETED
Program 3.C: Remove floor-to-area ratio (FAR) restriction at Rancho Shopping Center and
Woodland Plaza. December 31, 2024 COMPLETED
Program 3.M: Modify parking requirements for emergency
shelters consistent with State
law. December 31, 2024 COMPLETED
Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Commercial linkage fee. December 31, 2025 IN-PROGRESS Program 1.D: Allow housing on certain Public and
Community Facilities District sites and
facilitate housing on religious institution properties. December 31, 2025 Program 6.G: Housing mobility
Allow housing on all
religious sites within the
City December 31, 2025
Program 1.F: Rezone Village Court parcel. January 31, 2024 COMPLETED Program 4.H: Provide additional density bonuses and
incentives for housing that accommodates special needs
groups. December 31, 2025
Program 4.I: Allow senior housing with extended care
facilities in multi-family and mixed-use zoning districts. December 31, 2025 Program 1.I: Incentivize Downtown lot consolidation. July 31, 2026 186
Agenda Item # 11.

Program 4.G: Assist seniors to maintain and rehabilitate their homes. July 31, 2026
Program 6.C: Target housing development in highest
resource areas. Follow-up Outreach September 31, 2026
Program 1.H: Facilitate housing on City-owned sites. Entitlement Review December 31, 2026 Program 3.N: Modify standards in the R3 zoning districts. December 31, 2026 COMPLETED Program 4.J: Facilitate alternate modes of transportation for residents.

Capital Improvement
Project for above head
pedestrian crossing
signals on San Antonio
Road near Downtown Los
Altos December 31, 2027
Program 5.F: Incentivize the creation of play areas for multifamily housing projects. December 31, 2027 Program 1.K: Participate in regional housing needs planning efforts. Ongoing
Program 1.L: General Plan amendments. Ongoing
Program 1.M: SB 9 implementation. Ongoing
Program 1.N: Facilitate and monitor pipeline housing
projects. Ongoing
Program 2.C: Assist in securing funding for affordable
housing projects. Ongoing
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs). Ongoing
Program 2.E: Conduct annual ADU rental income surveys. Annual Survey Annually ONGOING Program 4.A: Support efforts to fund homeless services. Ongoing Program 4.B: Continue to participate in local and regional forums for homelessness,
supportive, and transitional housing. Ongoing
Program 5.A: Monitor condominium conversions. Ongoing
187
Agenda Item # 11.

Program 5.B: Continue to administer the City’s affordable housing programs. Ongoing
Program 5.C: Restrict commercial uses from displacing
residential neighborhoods. Ongoing
Program 5.D: Implement voluntary code inspection program. Ongoing Program 5.E: Help secure funding for housing rehabilitation and assistance programs. Ongoing
Program 6.A: Assist residents with housing discrimination and landlord-tenant
complaints. Ongoing
Program 6.B: Maintain and expand an inventory of
affordable housing funding sources.

Inform, Evaluate
Apply/Submit Ongoing
Program 6.F: Affirmatively market physically accessible units. Ongoing Program 7.A: Promote energy and water conservation and
greenhouse gas reduction
through education and awareness campaigns. Ongoing
Program 7.B: Monitor and implement thresholds and
statutory requirements of climate change legislation. Ongoing 188
Agenda Item # 11.

Los Altos City CouncilMay 14, 2024

Los Altos City Council
May 14, 2024