Los Altos Hills City Council
June 20, 2024

WHEREAS, Housing Element Program E-2 requires the Town to amend its Zoning Ordinance to ensure emergency shelters are not subject to standards that do not apply to other uses in the Residential-Agriculture (R-A) zone or development standards that are not objective or inconsistent with state law, as required by Government Code section 65583(a)(4) and to ensure compliance therewith; and
WHEREAS, Housing Element Program E-3 requires the Town to, pursuant to Government Code section 65660 et seq. (as enacted by Senate Bill 48), amend its Zoning Ordinance to permit LBNCs meeting specific objective requirements by-right in areas zoned for mixed-uses and Public or Institutional Uses in the R-A zone; and WHEREAS, to accomplish these Housing Element programs, the Town has prepared a set of amendments to LAHMC Chapters 1 and 2 to incorporate the legislative changes identified above and as required by applicable State law (collectively, the “Zoning Text Amendments”); and WHEREAS, on May 2, 2024, the Planning Commission held a duly noticed public hearing to consider the proposed Zoning Text Amendments, at which time all interested parties were provided an opportunity to give input and participate in the public process; and WHEREAS, on May 16, 2024, the City Council held a duly noticed public hearing to consider the proposed Zoning Text Amendments, at which time all interested parties were provided an opportunity to give input and participate in the public process; and WHEREAS, the proposed Zoning Text Amendments are consistent with and support the Los Altos Hills General Plan by helping to ensure the implementation of housing goals, programs and strategies in the 2023-2031 Housing Element, including but not limited to those with respect to amending regulations pertaining to ADUs, wet season grading moratorium considerations, and permitted uses for emergency shelters and LBNCs; and
WHEREAS, under the California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, in this case the proposed Zoning Text Amendments including the revisions to the Grading Ordinance do not have a potential for creating a significant environmental effect as they do not implement any land use projects or issue any entitlements. In addition, modifications to regulations pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are implementing the provisions of Government Code Section 66314 et seq. Likewise, the proposed amendments to permit emergency shelters and LBNCs as by-right uses are not subject to CEQA under Government Code sections 65660 et seq. and 65583(a)(4) as such approvals are not discretionary actions defined by state law; and WHEREAS, the proposed Zoning Text Amendmentsis intended to bring the Town’s ADU regulations in conformance with applicable State law, and to implement policies and programs consistent with State Housing Element Law, in a way that protects and promotes public safety, community welfare, and the Town’s character and aesthetic quality.

NOW, THEREFORE, the City Council of the Town of Los Altos Hills hereby ordains as follows:

SECTION I. FINDINGS.

Based on the entirety of the record as described above, the City Council for the Town of Los Altos Hills hereby makes the following findings:

1. All of the facts and recitals above are true, correct, incorporated herein and made a part hereof.

2. Based on the entirety of the record before it, the City Council hereby finds that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and 15283 of the CEQA Guidelines, Public Resources Code section 21080.17, and Government Code sections 65660 et seq. and 65583(a)(4).

Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed Zoning Text Amendments do not have a potential for creating a significant environmental effect as they do not implement any land use projects or issue any entitlements.

Additionally, modifications to regulations pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are implementing the provisions of Government Code Section 66314 et seq. relating to secondary dwellings. Likewise, the proposed amendments to permit emergency shelters and LBNCs as by-right uses are not subject to CEQA under Government Code sections 65660 et seq. and 65583(a)(4) since such “uses by right” are not discretionary actions as defined by state law. CEQA also does not apply to ministerial projects where the approving agency does not exercise discretion under CEQA Guidelines section 15268.

3. This Ordinance was prepared, introduced, and adopted in accordance with the requirements of Planning and Zoning Law (Government Code, sections 65853-65860) and meets all of the requirements thereunder.

4. This Ordinance is consistent with and supports the Los Altos Hills General Plan by implementing housing goals, programs, and strategies in the 2023-2031 Housing Element, complying with state housing laws and ADU legislation, promoting housing production and mobility, and implementing requirements relating to emergency shelters and lowbarrier navigation centers as uses by right as required by applicable state law. The amendments proposed in the Ordinance would accomplish the program goals identified in the Housing Element and continue to implement the Town’s housing strategies in compliance with state law.

SECTION II. AMENDMENT.

Chapters 1 and 2, Title 10, of the Los Altos Hills Municipal Code, are hereby amended to read as set forth in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full herein.

SECTION III. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION IV. EFFECTIVE DATE AND PUBLICATION.

Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting.

This Ordinance shall become effective thirty (30) days from and after its adoption.

INTRODUCED: ______________, 2024
PASSED: _______________, 2024
AYES:

NOES:

ABSTENTIONS:

ABSENT:

BY: _________________________
Mayor
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
_________________________
City Attorney

EXHIBIT A
SECTION I. Revisions to Article 14, “Accessory Dwelling Units” of Chapter 1 of Title 10 Sections 10-1.1401, 1403, 1404, 1407, 1409 are amended as follows, with additions in red double underline and deletions in strikethrough. Sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect.
. . .

Section 10-1.1401 Purpose and intent.

The purpose of this article is to establish regulations governing the development of accessory dwelling units on residential zoned properties with a single-family dwelling within the Town of Los Altos Hills. The establishment of these regulations will encourage the construction of accessory dwelling units and contribute to the community’s housing stock while ensuring that the new units are consistent with the semi-rural hillside character of the town Town and do not create any significant impacts with regards to traffic flow or public safety. The regulations further promote and achieve the goals and policies in the town Town’s housing element within the general plan and comply with state laws related to accessory dwelling units, including California Government Code section 65852.2 66314 et seq.

Section 10-1.1403 General standards and requirements.
. . .
(a) Type and unit size.
(1) One (1) accessory dwelling unit and one (1) junior accessory dwelling unit are allowed on any lot with an existing or proposed single-family dwelling unit provided that the lot has adequate access to water and sewer or septic services, or as otherwise allowed per California Government Code 65852.2(e)(1)(A) and (B) sections 66323(a)(1) and (2). (c) Occupancy.
(1) An accessory dwelling unit or junior accessory dwelling unit may be rented separately from the primary dwelling unit.
(2) An accessory dwelling unit or junior accessory dwelling unit shall be rented for a period of no less than thirty-one (31) days and cannot be occupied as a short-term rental unit, as defined under section 10-1.1202.
(3) Accessory dwelling units and junior accessory dwelling units shall not be sold or otherwise conveyed separately from the primary dwelling on the property, unless the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, and all of the conditions set forth under Government Code section 66341 (b) – (e) have been satisfied.
. . .

(e) Setbacks.

An accessory dwelling unit shall comply with the following setback requirements:
(1) Setbacks for an accessory dwelling unit are as follows:
i. The front yard setback, which is measured from the edge of the property lines adjacent to the primary public or private street right-of-way or access easement, shall be forty (40) feet. This requirement shall not be construed to prohibit the construction of an accessory dwelling unit that is in compliance with other applicable requirements of this article.
(f) Height.
(1) The maximum height of an attached accessory dwelling unit shall meet may be up to the required maximum height for a primary dwelling unit pursuant to section 10-1.504; (2) The maximum height of a detached accessory dwelling unit shall be one story and sixteen (16) feet on a lot with an existing or proposed primary dwelling unit. (3) For detached accessory dwelling units on a lot with an existing or proposed primary dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor as defined under Public Resources Code section 21155, the maximum height shall be 18 feet, or 20 feet where necessary to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(g) Parking and access.

An accessory dwelling unit shall comply with the following parking and site access requirements:
(1) Vehicular access to an accessory dwelling unit from the nearest public or private street shall be provided by a common driveway with the primary dwelling; (2) No additional on-site parking shall be required for an accessory dwelling unit or the primary dwelling unit if the accessory dwelling unit application is submitted with the application to create the primary dwelling unit, for any of the following:
i. The unit is a junior accessory dwelling unit;
ii. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an accessory dwelling unit;
iii. The accessory dwelling unit is located within one-half mile walking distance of public transit;
iv. The accessory dwelling unit is located within an architecturally and historically significant historic district;
v. The accessory dwelling unit is converted from the proposed or existing floor area of the primary dwelling or an existing accessory structure;

vi. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit;
vii. When the accessory dwelling unit is within one block of a car share vehicle;. (3) No additional on-site parking shall be required for a primary dwelling unit for the construction of a junior accessory dwelling unit.

Section 10-1.1404 Design requirements.

An accessory dwelling unit shall be reviewed and approved without discretionary review or a hearing. As part of the planning department’s ministerial approval, the following objective design requirements shall be confirmed:
(a) The design of the accessory dwelling unit shall be as follows:
(1) For a detached unit, it shall relate to match the design of the primary dwelling by use of similar the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.;
(2) For attached units, it shall be constructed so that the entire structure appears to be one dwelling including by use of the same building form, color tones, window styles types, and window and door trims;
. . .

Section 10-1.1407 Incentives.
. . .

The city council may establish and set by resolution all fees and charges, consistent with Government Code sections 65852.2 and 65852.22 66314 et seq., and related provisions, as may be necessary to effectuate the purpose of this article.
. . .

Section 10-1.1409 Accessory dwelling unit amnesty.

Owners of existing non-permitted accessory dwelling units which were constructed or otherwise in existence prior to December 31, 2019, may apply for a building permit to legalize the unit subject to conformance with the regulations in this article, the current California building standards code in effect at the time of the application, and such rules and regulations as may be adopted by resolution of the city council. Notwithstanding the foregoing, an application for an accessory dwelling unit shall not be denied based on the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

SECTION II. Revisions to Article 4, “Grading” of Chapter 2 of Title 10 Section 10-2.404, “Restrictions during wet season” is hereby amended as follows, with deletions in strikethrough and additions in red double underline. Other articles, sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect.
. . .

Section 10-2.404 Restrictions during wet season.

The City Engineer shall may restrict grading operations during the wet season. The wet season is defined as the period between October 1st and April 30th. The City Engineer may allow grading to proceed during the wet season if precipitation has been minimal; if the grading technique to be used will minimize the risk of landslides, erosion, or damage to adjacent properties or environmentally sensitive areas from soil movement; or if it is in the interest of public health and safety to permit grading. Following any 24 hour period during the year in which one-half inch or more of rain has fallen the City Engineer may prohibit grading.

SECTION III. Revisions to Article 2 “Definitions” of Chapter 1 of Title 10 The following new definitions are hereby added to Section 10-1.202, “Designated”, shown in their entirety below and to be inserted in alphabetical order with other definitions.

Other articles, sections, subsections, paragraphs, definitions, and texts not modified by this amendment are not included below and shall remain in full force and effect. . . .

Emergency Shelter means temporary housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Emergency shelters may include other interim interventions, including but not limited to, a navigation center, bridge housing, and respite or recuperative care.

Low-Barrier Navigation Center is a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

SECTION IV. Revisions to Article 7 “Residential-Agricultural District (R-A)” of Chapter 1 of Title 10
Subsection (j), “Emergency Shelter Housing”, of Section 10-1.702, “Accessory uses and structures permitted (R-A)”, is hereby deleted in its entirety.

Section 10-1.701 , “Primary uses permitted (R-A)”, is hereby amended as follows, with deletions in strikethrough and additions in red double underline. Other articles, sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect.

Section 10-1.701 Primary uses permitted (R-A).

The following primary uses shall be permitted in the Residential-Agricultural District:
(a) Primary dwellings; and
(b) Agriculture, except those uses identified as prohibited under Section 10-1.706.; and (c) Emergency shelters, which shall operate under the following standards:
(1) An emergency shelter shall be located on property designated Institutional on the Town of Los Altos Hills Land Use Diagram;
(2) No individual may be denied emergency shelter because of the inability to pay. (3) Required parking shall be based on the number of staff to provide one space per individual but shall not exceed the parking requirements applicable to other residential or institutional uses in the same zone as set forth under Article 6 of this chapter. Parking spaces shall comply with the standards set forth under Section 10-1.601 (a)-(c). (4) The capacity of the shelter shall be limited to that required to meet community needs, as established by the most recent Town-wide homeless enumeration count; (5) The maximum number of beds shall be five (5) and length of stay shall not exceed six (6) months per individual;
(6) Each emergency shelter shall be three hundred (300) feet apart from another emergency shelter;
(7) The shelter shall be operated by a responsible, licensed social service provider with experience in managing or providing social services. The provider shall maintain one qualified on-site supervisor at all times;
(8) Exterior building light fixtures shall be shielded and downward facing, and limited to one (1) exterior light fixture per exterior doorway; and (9) A management plan shall be submitted to the Town prior to shelter operation. The plan shall include the following content: the provision of site security during operational hours, case management procedures, length of stay, in-take requirements, facility

operation standards, parking, hours of operation, services provided, and a monitoring and oversight program.
. . .

A new subsection (s), “Low Barrier Navigation Center”, is hereby added to Section 10-1.702, “Accessory uses and structures permitted (R-A)”, and shown in its entirety as follows. Other articles, sections, subsections, paragraphs, and texts not modified by this amendment are not included below and shall remain in full force and effect. . . .
(s) Low-Barrier Navigation Center.
(1) A low-barrier navigation center shall be located on property designated Institutional and or Public on the Town of Los Altos Hills Land Use Diagram. (2) Planning Department approval is required prior to establishing a low-barrier navigation center project. Such approval shall be ministerial without discretionary review or a hearing.

Upon receipt of an application, the Planning Department shall notify the applicant whether the application is complete within 30 days pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed. (3) A low-barrier navigation center shall meet the following requirements:
i. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
ii. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
iii. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
iv. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

ITEM 9A Staff Report
THE TOWN OF LOS ALTOS HILLS May 16, 2024
Staff Report to the City Council
SUBJECT: Zoning Code Amendments (Los Altos Hills Municipal Code Title 10) An Ordinance amending various sections under Chapters 1 and 2 of Title 10, Zoning and Site Development, of the Los Altos Hills Municipal Code amending regulations relating to Accessory Dwelling Units in conformance with Government Code section 66314 et seq.; amending the Grading Ordinance under Article 4, Chapter 2, Title 10 to clarify City Engineer authority to consider wet season grading moratorium exceptions; establishing Low Barrier Navigation Centers as a permitted use within the Residential-Agricultural (R-A) zoning district in accordance with Government Code section 65660 et seq.; and updating regulations pertaining to Emergency Shelters in accordance with Government Code section 65583.

CEQA Review: Consider exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); statutory exemption pursuant to Government Code section 65583(a)(4); and statutory exemption pursuant to Public Resources Code Section 21080.17, as such exemptions are applicable.

FROM: Bradley Evanson, Community Development Director
APPROVED: Peter Pirnejad, City Manager PP
RECOMMENDATION: That the City Council takes the following actions:

1. Waive reading and introduce an Ordinance (Attachment 1) amending various sections under Chapters 1 and 2 of Title 10, Zoning and Site Development, of the Los Altos Hills Municipal Code amending regulations relating to Accessory Dwelling Units in conformance with Government Code section 66314 et seq.; amending the Grading Ordinance under Article 4, Chapter 2, Title 10 to clarify City Engineer authority to consider wet season grading moratorium exceptions; establishing Low Barrier Navigation Centers as a permitted use within the Residential-Agricultural (R-A) zoning district in accordance with Government Code section 65660 et seq.; and updating regulations pertaining to Emergency Shelters in accordance with Government Code section 65583.

BACKGROUND
On January 30, 2023, the City Council adopted the 6th Cycle Housing Element to cover the planning period from 2023 through 2031. The California Department of Housing and Community Development (HCD) certified the adopted Housing Element, inclusive of certain technical revisions, on May 30, 2023.

An integral part of the Housing Element is the Implementation Program. The Implementation Program is divided into seven general categories, each of which contains multiple activities, tasks, and projects that would further the various goals, objectives, and policies of the Housing Element.

The categories include Housing Production; Constraint Removal; Housing Preservation and Item 7H Attachment 2

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Improvement; Housing Assistance; Special Housing Needs; Affirmatively Furthering Fair Housing; and Education and Outreach. Individual tasks and projects include but are not limited to:
amendments to the Town’s Municipal Code to remove constraints on the development of housing; working with the Town’s partners on providing municipal sewer and other services to ensure that there is sufficient infrastructure capacity to accommodate the development anticipated under the updated Housing Element; and providing outreach including a website that contains information about service providers, emergency shelters, and tenant protections available to persons experiencing housing needs or challenging circumstances. Given that the Housing Element covers the 8 year planning period from 2023 through 2031, some of the programs have identified earlier dates of action/implementation than others. Some programs have already been implemented, and others have a regularly recurring review and reporting period.

The Ordinance and its amendments discussed in this staff report and presented to the Commission are proposed to address Housing Element Programs B-6, B-11, E-2, and E-3, all of which identified a target completion date of Q1 2024.

DISCUSSION
The four categories of amendments proposed for consideration include:

1. Amendments to the Los Altos Hills Zoning Ordinance to update regulations for Accessory Dwelling Units (ADUs) to reflect recently adopted State regulations for ADUs.

2. Amendments to the Zoning Ordinance to allow the City Engineer to authorize exceptions to the Town’s wet season grading moratorium.

3. Amendments to the Zoning Ordinance to establish Low Barrier Navigation Centers as an allowed use within the Residential-Agricultural (R-A) zoning district.

4. Amendments to the Zoning Ordinance to update regulations pertaining to Emergency Shelters to conform with regulations within the California Government Code.

These amendments are included as Exhibit A to the City Council Ordinance and elaborated in further detail below.

Accessory Dwelling Units
Regulations pertaining to ADUs are generally consolidated in Title 10, Chapter 1, Article 14 of the Zoning Ordinance. The past several years have seen several different bills get adopted in Sacramento that amend ADU regulations contained in the California Government Code. To bring the Town’s ADU regulations in line with the current State regulations, the following amendments have been proposed:

1. LAHMC Sec 10-1.1403(c)(3): the following text is added to the end of the section to ensure compliance with Assembly Bills 345 and 587: “…primary dwelling on the property, unless the accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, and all of the conditions set forth under Government Code section 66341 (b) – (e) have been satisfied.”
Staff notes that although the recently enacted AB 1033 includes certain additional provisions to potentially allow separate conveyance of ADUs from the primary dwelling

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pursuant to a condominium subdivision map, such allowance is at the discretionary of the public agency and not mandatory. As such, the proposed amendments only codify the mandatory separate conveyance provisions under AB 345 and 587.

2. LAHMC Sec 10-1.1403(e): the revisions to this section are made in compliance with new amendment to Government Code section 66321 (c)(3). This section now requires that front setbacks, along with other local development standards, cannot be applied to prohibit the construction of an ADU if the unit otherwise meets state and local requirements.

3. LAHMC Sec 10-1.1403(f): The following text is added after subsection 2: “(3) The maximum height of a detached Accessory Dwelling Unit shall be 18 feet on a lot that has an existing or proposed multi-family, multi-story dwelling or is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Sec 21155 of the California Public Resources Code. A further 2 feet of height is also allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.”

4. LAHMC 10-1.1404: this section was revised to clearly state objective standards that the Town utilizes in requiring accessory dwelling units to match the primary dwelling unit.

The matching requirement has been based on objective construction and numeric standards, rather than subjective determinations, in compliance with state law, and this revision provides further clarity to affirm this approach. The underlying objective standards have not changed; such standards will be the subject of subsequent discussion and undergo proposed revisions to be prepared by Town staff and considered by the Planning Commission before being presented to Council.

5. LAHMC 10-1.1409: this section was revised to reflect state law changes that now prohibits local governments from denying an ADU application based on the correction of nonconforming zoning or building code violations unless there is a threat to public health and safety from the ADU construction.

6. Other minor non-substantive changes have been made throughout the ADU ordinance to update statutory references and ensure internal consistency.

Grading Ordinance
During the adoption and certification of the Housing Element, the Town’s wet season grading moratorium within the Grading Ordinance (LAHMC Sec 10-2.401 et seq) was identified as a potential impediment to development. The conclusion reached was that adding language to the Municipal Code to grant the opportunity for exceptions or waivers to the grading moratorium would satisfactorily remove the impediment to development, while still preserving the ability to exercise discretion in ensuring development grading activities would be conducted safely. To address this, the following amendment to LAHMC Sec 10-2.404 is proposed:

The City Engineer shall may restrict grading operations during the wet season… This change would clarify the ability for the City Engineer to exercise discretion in allowing grading activity to occur within the moratorium period, subject to judgement on conditions based

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on recent past and predicted future weather conditions and duration of proposed construction activities. The change also aligns with current Town practice as the Town does not impose a blanket moratorium at all times, and therefore provides more clarity for applicants and staff.

Low Barrier Navigation Center
In its efforts to move the unhoused and underhoused into permanent housing as quickly and efficiently as possible, the State has promoted the establishment of Low Barrier Navigation Centers in communities experiencing various impacts from the housing crisis. To incorporate this into the Housing Element Implementation Program, there are two amendments proposed to the Municipal Code as follows:

A. LAHMC Sec 10-2.202: a definition of “Low Barrier Navigation Center” is added to define the term. As shown in the draft ordinance under Exhibit A, this definition defines a low barrier navigation center as a temporary living facility that focuses on moving people into permanent housing with case managers connecting individuals experiencing homelessness to a variety of services, and engaging in practices to reduce barriers to housing and related services.

B. LAHMC Sec 10-1.702: “Low-Barrier Navigation Center” is added as an additional use to Accessory Uses and Structures Permitted in the R-A district on property designated Institutional and/or Public on the Town’s Land Use Diagram, all consistent with the Housing Element. As shown in Exhibit A of the draft ordinance, these edits replicate the standards under state law that a low-barrier navigation center is required to meet, and establishes a ministerial process for approving these projects.

Emergency Shelter and Transitional Housing
The final proposed revision in this set of amendments is to revise the existing Emergency Shelter and Transitional Housing sections of the Zoning Ordinance. As with the Low-Barrier Navigation Center section, this will consist of amendments to the Definitions and the Accessory Uses language.

A. LAHMC Sec 10-1.202: adding a definition for Emergency Shelters to clarify what types of projects belong to this use. This definition is taken from the Health and Safety Code and defines emergency shelters to mean temporary housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. These shelters may also include other interim interventions, including but not limited to, a navigation center, bridge housing, and respite or recuperative care.

B. LAHMC Sec 10-1.702: this section is revised to move emergency shelters from an accessory use to a primary use, as set forth in the Housing Element. It also clarifies the operational standards and requirements that emergency shelters must follow, and revises them to only include objective standards. These revisions follow the specific actions outlined in the Housing Element program requirement.

On May 2, 2024, the Planning Commission conducted a public hearing to consider the proposed amendments to the Municipal Code. Following discussion further clarifying the details and intent

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of the proposed amendments, the Planning Commission voted unanimously by resolution to recommend that the City Council adopt an Ordinance to amend the Municipal Code as described herein.

Next Steps
These will not be the final amendments that will be brought to the Planning Commission and City Council for consideration as part of the Housing Element Implementation Program. This set of code amendments are proposed as the first legislative actions to implement the 2023-2031 Housing Element programs, and additional revisions are anticipated pursuant to further implementation actions needed to accomplish additional goals and programs. It is anticipated that there will be subsequent code amendments or related changes that would require Planning Commission recommendation and approval by Council to implement additional Housing Element programs and/or comply with state law changes. For instance, the Planning Commission has conducted study sessions regarding the Town’s ADU regulations, and the Commission anticipates reviewing objective design standards for ADUs for additional updates. It is expected that the Commission and Council will have additional opportunities to explore revisions and refinements to the ADU Ordinance and other aspects of the Municipal Code and General Plan at a future meeting. As another example, the Town is also in the process of planning for the creation of multi-family residential land use designation and zoning districts, and additional work relating to residential uses, objective standards, and other ancillary amendments are expected to occur.

GENERAL PLAN
As noted, these changes were proposed and approved as part of the Implementation Program for the Housing Element of the General Plan. Specifically, these proposed amendments address Implementation Programs B-6, B-11, E-2, and E-3They support the housing goals, programs, and strategies in the 2023-2031 Housing Element, comply with state housing laws and ADU legislation, promote housing production and mobility, and implement requirements relating to emergency shelters and low-barrier navigation centers as uses by right as required by applicable state law. As such, the proposed amendments are consistent with the General Plan and the Housing Element and also ensure compliance with State regulations in these respective areas.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed amendments are evaluated to be exempt under CEQA pursuant to CEQA Guidelines Section 15061(b)(3); statutory exemption pursuant to Government Code section 65583(a)(4); and statutory exemption pursuant to Public Resources Code Section 21080.17, as such exemptions are applicable. Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this case, the proposed amendments are regulatory actions taken in compliance with state law, and do not implement any land use projects or issue any entitlements for specific developments. In particular, modifications to regulations pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are implementing the provisions of Government Code Section 66314 et seq. relating to secondary dwellings. Similarly, the proposed amendments to

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Housing Element Update
May 16, 2024
permit emergency shelters and low barrier navigation centers are also regulatory actions that do not approve specific projects, but instead establish “uses by right” as required by state law and ultimately would constitute ministerial projects where the approving agency does not exercise discretion under CEQA Guidelines section 15268. As such, it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment and therefore exempt under Section 15061(b)(3) as well as the applicable statutory exemptions. 2024-25 CITY COUNCIL WORK PLAN:

The implementation of the 6th Cycle Housing Element is a prominent Key Project in the Quality of Life & Community category of the 2024-2025 Workplan. The proposed ordinance would complete the following Key Outcomes of the Workplan Project: ADU Ordinance Update, Grading Ordinance Update, Emergency Shelter Ordinance Update, and LBNC Ordinance Update. This would also allow the Town to report positively to Housing and Community Development on the progress towards implementation of the Housing Element.

FISCAL IMPACT:

While associated specifically with the implementation of the Housing Element, the activities associated with the preparation and implementation of this Ordinance fall within the realm of general daily duties of Town staff. As such, there is no fiscal impact associated with the preparation of this Ordinance. Implementation of the amendments to the LAHMC within this Ordinance is expected to facilitate the development of housing within the Town, potentially generating an increase in Community Development Department permit revenue.

RECOMMENDATION
Staff recommends that the City Council:

1. Receive Staff presentation

2. Conduct a public hearing and hear all comments

3. Waive reading and introduce an Ordinance incorporating the proposed amendments to the Los Altos Hills Municipal Code to further implement the Town’s 6th Cycle Housing Element.

ATTACHMENTS

1. Draft Ordinance

2. Link to May 2, 2024 Planning Commission Meeting

3. Los Altos Hills Housing Element Implementation Program

4. Link to Los Altos Hills 2023-2031 Housing Element

TOWN OF LOS ALTOS HILLS June 20, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION ADOPTING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE SANTA CLARA COUNTY

RECYCLING AND WASTE REDUCTION TECHNICAL ADVISORY

COMMITTEE (TAC) MEMBER JURISDICTIONS ESTABLISHING

ONGOING MANAGEMENT AND OPERATION OF THE EDIBLE

FOOD RECOVERY PROGRAM TO COMPLY WITH THE
REQUIREMENTS OF SB 1383 (CALIFORNIA’S SHORT-LIVED
CLIMATE POLLUTANT REDUCTION STRATEGY).

FROM: Steve Mattas, City Attorney
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:

Authorize the City Manager to sign a Memorandum of Understanding between the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) member jurisdictions establishing ongoing management and operation of the edible food recovery program to comply with the requirements of SB 1383 (California’s Short-Lived Climate Pollutant Reduction Strategy).

BACKGROUND:

In 2016, California Senate Bill 1383 (SB 1383) was chaptered, setting goals to reduce disposal of organic waste in landfills in an effort to reduce greenhouse gas emissions and address food insecurity. California sends 11.2 billion pounds of food to landfills annually, some of which is still fresh enough to have been recovered to feed people in need, while 9.2 million Californians experienced food insecurity in 2020. To avoid disposal of edible food, in November 2020 the Department of Resources Recycling and Recovery (CalRecycle) developed regulations requiring jurisdictions to establish edible food recovery programs to recover (from certain large generators) the maximum amount of edible food that would otherwise be sent to landfills to feed people in need. The state goal is to reduce edible food going to landfill by 20%.

As of January 1, 2022, Tier 1 commercial edible food generators (listed below, as defined by CalRecycle) were required to arrange food recovery through a contract or written agreement with food recovery organizations or services that will collect or accept self-hauled edible food for food recovery:
• wholesale food vendors
• food service providers and distributors
• grocery stores over 10,000 square feet
• supermarkets

Staff Report to City Council Page 2
Two-Year Extension of the Law Enforcement Agreement
June 20, 2024
2 As of January 1, 2024, Tier 2 generators (listed below, as defined by CalRecycle) were required to donate their edible food:
• restaurants over 5,000 square feet
• hotels with 200 or more rooms and on-site food facilities • local education agencies with on-site food facilities • large venues/events
• health facilities with at least 100 beds and on-site food facilities To take advantage of economies of scale and due to the cross-jurisdictional nature of food recovery operations, the Santa Clara County Recycling and Waste Reduction Commission Technical Advisory Committee (TAC) entered into an agreement with Joint Venture Silicon Valley (JVSV) to develop and manage the Santa Clara County Food Recovery Program. That countywide program conducts the necessary outreach to the Tier 1 and Tier 2 generators, provides assistance, connects businesses with food recovery organizations, and gathers the required data for reporting back to CalRecycle. The program is very successful and was even showcased by CalRecycle as an example of how other regions in California might want to organize. In October 2021, the City adopted Ordinance 21-2231 which established municipal code section 6.24.038 entitled Mandatory Edible Food Recovery. Other jurisdictions in Santa Clara County adopted similar ordinances to ensure uniform requirements throughout the county to make it easier for businesses with locations in multiple cities and food recovery organizations to implement requirements because their food recovery efforts often cross jurisdictional boundaries. The model edible food recovery ordinance was developed with flexible language that enables subsequent decisions to be made on items that were not fully developed (i.e., enforcement, funding, and Memorandum of Understanding) when jurisdictions adopted their respective Ordinances in 2021 as required by SB 1383.

Initially the Countywide Food Recovery Program was funded by the TAC using its funding from the Solid Waste Planning Fee (SWPF) of $0.78 per ton that is disposed of in a landfill. However, the statewide efforts to reduce organics in landfills is slowly reducing disposal tonnage, which means that the amount collected from the SWPF will also be declining. The combination of recovering more edible food from the generators, reduced disposal tonnage, and the subsequent decline in SWPF revenues necessitated a new source of funding.

In 2023 a Memorandum of Understanding (MOU) Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs was developed to fund the cost of a countywide edible food recovery program to satisfy SB 1383 requirements for a period of one year. The County of Santa Clara, as well as each city and town within the county, became responsible for paying a share of the program under the MOU. The base program services performed by JVSV included the following deliverables:
• Review and update the lists of Tier 1 and Tier 2 generators • Provide requirements for large events within each jurisdiction • Provide information and data for inclusion in reports to CalRecycle • Provide education and outreach to generators

Staff Report to City Council Page 3
Countywide Food Recovery Program
June 20, 2024
• Coordinate with food recovery organizations to compile reports • Conduct inspections and monitor generators and food recovery organizations • Maintain a list of food recovery organizations and services • Prepare an annual report on program activities
To keep this successful countywide Edible Food Recovery Program operating, in 2022 the TAC evaluated multiple long-term funding mechanism and organizational structure options within the County and determined that the current funding mechanism and organizational structure in implementation under the one-year MOU is the most cost effective and efficient infrastructure for participating jurisdictions to jointly administer and fund the Program. The TAC also determined that an MOU continues to be the most appropriate governance document to memorialize the terms of jurisdiction commitments.

In 2023, the TAC drafted a long-term MOU, effective July 1st, 2024. The document and its terms shall remain in effect until the TAC terminates the agreement using the TAC Memorandum of Agreement’s organizational voting structure. The long-term MOU extends the commitment of participating jurisdictions to submit annual voluntary contributions to fund the mandated base program based on the number of generators in each jurisdiction and including sharing the cost of staff time at the County of Santa Clara as the TAC Fiscal Agent. Jurisdictions may also use the long-term MOU to contribute additional optional funds for Program enhancements that will be considered and approved by the TAC annually as part of its annual workplan and budget process.

Santa Clara County as the current Fiscal Agent will issue invoices to the jurisdictions for their committed amounts, and collected funds will be redirected to the City of Morgan Hill in its capacity as the RWRC TAC Administrator and Contracting Agent annually. The overall Program budget will not increase by more than ten percent (10%) of the prior year’s Program budget without prior approval by the County of Santa Clara Recycling and Waste Reduction Commission during its annual budget approval process.

Signatures on the final MOU document will be obtained electronically through DocuSign to enable each participating jurisdiction to execute the same document.

DISCUSSION:

The proposed MOU was prepared by the City Attorney for San Bruno and reviewed by all City Attorney’s in the County.

However, the County has now openly sent notification to the contract cities that rates will increase after this two-year extension should an additional agreement be reached.

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.

CITY COUNCIL WORKPLAN:

Staff Report to City Council Page 2
Two-Year Extension of the Law Enforcement Agreement
June 20, 2024
4 Signing this MOU was not identified on the City Council Work Plan, however, this MOU would help the Town comply with the jurisdictional requirements of SB 1383 FISCAL IMPACT:

Per the MOU, the TAC Administrator will prepare a two-year budget. For FY 2024-2025, the Towns’s contribution will be $510, and for FY 2025-2026 it is estimated to be $611.

ATTACHMENTS:

1. Food Recovery Program MOU

2. Exhibit A: Program Overview

3. Exhibit B: Technical Advisory Committee Memorandum of Agreement

4. Exhibit C: FY 23/24 MOU Food Recovery Program Costs

1 MEMORANDUM OF UNDERSTANDING

AMONG LOCAL PUBLIC AGENCIES

IN SANTA CLARA COUNTY

FOR COUNTYWIDE FOOD RECOVERY PROGRAM
This Memorandum of Understanding (“MOU”) is entered into by and between the cities of Cupertino, a municipal corporation of the state of California; Gilroy, a municipal corporation of the state of California; Los Altos, a municipal corporation of the state of California; Milpitas, a municipal corporation of the state of California; Morgan Hill, a municipal corporation of the state of California; Mountain View, a municipal corporation of the state of California; Palo Alto, a municipal corporation of the state of California; San José, a municipal corporation of the state of California; Santa Clara, a municipal corporation of the state of California; Sunnyvale, a municipal corporation of the state of California; the West Valley Solid Waste Management Authority (on behalf of the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos); the Town of Los Altos Hills, a municipal corporation of the state of California; and the County of Santa Clara, a political subdivision of the State of California; collectively “Parties” or individually as a "Party."

RECITALS
A. The signatory Parties are also “PARTIES” to the Memorandum of Agreement (“MOA”) entered into on June 14, 2013 for the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (“TAC”), which is a separate Committee created to assist the County of Santa Clara Recycling and Waste Reduction Commission (“RWRC” or “Commission”) that advances the interests of Party Jurisdictions by performing technical and policy review to inform parties and advise the Commission on solid waste management issues, and bring together varied expertise and viewpoints for planning and implementing the Commission approved annual workplan and budget. The MOA, which remains in effect, is attached hereto and incorporated herein by reference as Exhibit B.

B. California’s Short-Lived Climate Pollutant Reduction law (SB 1383, Lara, Chapter 395, Statutes of 2016) establishes methane reduction targets for California, including a target to increase recovery by 20 percent of currently disposed edible food for human consumption by January 1, 2025.

C. To meet the mandated statewide goal, SB 1383 requires each Jurisdiction in California to establish and monitor a robust food recovery program, which will strengthen the relationships between commercial edible food generators and food recovery organizations within their communities, requiring certain food businesses to send the maximum amount of edible food they would otherwise dispose to food recovery organizations and/or services.

D. The Parties have previously agreed to jointly administer and fund the cost of a countywide edible Food Recovery Program (the “Program”) through the Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs entered into and covering the time period of July 1, 2023 to June 30, 2024 (“Former MOU”) to satisfy their respective obligations under SB 1383 and the corresponding regulations. The Former MOU is attached hereto as Exhibit C.

E. The Parties desire to execute this MOU to ensure ongoing operation of the countywide food recovery program to provide for their respective share of costs for the Program.

2 F. The West Valley Solid Waste Management Authority (“Authority”) was established by the cities of Campbell, Monte Sereno, Saratoga, and the Town of Los Gatos (collectively referred to as the “Member Agencies”), pursuant to the provisions of the Joint Exercise of Powers Act (Title 1, Division 7, Article1, Section 6500 et seq. of the California Government Code) to arrange for and manage the waste reduction, collection, reuse, disposal, recycling, and diversion of discarded materials originating in the participating municipalities; and in furtherance of that purpose, the Member Agencies and the Authority have entered into agreements authorizing the Authority to act as the representative of the Member Agencies in the Food Recovery Program.

NOW, THEREFORE, the Parties agree as follows:

SECTION 1. PURPOSE OF THE MOU
The purpose of this MOU is to establish a system of:
1) Ongoing management and operation of the Food Recovery Program. 2) Payment by the Parties for their share of the costs for implementation of the Program.

SECTION 2. EFFECTIVE DATE
This MOU shall be effective on July 1, 2024 (“Effective Date”), shall supersede the Former MOU, and shall automatically renew each year for all Parties, unless a Party withdraws, in accordance with Section 20 (Withdrawal From MOU) and subject to a Party’s annual appropriations of funds.

SECTION 3. DEFINITIONS
The original 2013 Memorandum of Agreement entered into between the parties (and as may be amended from time to time) defined in detail the duties of the TAC Administrator, Contracting Agent, and Fiscal Agent, and those definitions from the MOA shall apply to this MOU. For ease of reference, those definitions are summarized below.

3.1 The TAC Administrator provides administration and management services to the TAC and carries out the annual workplan.

3.2 The Contracting Agent executes contracts with outside contractors, including the Administrator and the Fiscal Agent that have been requested and approved by the Implementation Committee.

3.3 The Fiscal Agent serves as the treasurer of the countywide funds and is responsible for collecting the Solid Waste Planning Fee from all solid waste disposal facilities and non-disposal facilities located within Santa Clara County.

3.4 The Program Manager is the entity contracted by the Contracting Agent on behalf of the RWRC to implement the Santa Clara County Food Recovery Program.

Other terms used in this MOU that relate to the Food Recovery Program (e.g., including but not limited to the term “Jurisdictions”) are used as defined in SB 1383 and any implementing regulations, as may be amended from time to time.

SECTION 4. RESPONSIBILITIES OF THE TAC ADMINISTRATOR AND CONTRACTING AGENT

3 5.1 The TAC Administrator will provide administration and management of the Program. These duties include overseeing the work of the Program, development of the biennial budget, and inclusion of the Program in the annual work plan and budget. The costs to perform these duties will be included in the annual work plan and budget.

5.2 Contracts executed by the Contracting Agent with the Program, TAC Administrator and Fiscal Agent will be based on the approved budget for the Program. The Contracting Agent will provide an invoicing system to pay the Program Manager, TAC Administrator, and Fiscal Agent. The Contracting Agent shall provide the TAC Administrator with the proposed costs to perform these duties. The signatory Parties to this MOU (except when acting in their authorized capacities as Contracting Agent, TAC Administrator, and Fiscal Agent) are not direct parties to the third-party contracts entered into by those agents.

SECTION 5. RESPONSIBILITIES OF THE FISCAL AGENT
The Fiscal Agent will collect and receive fundsfrom the Parties for implementation of the Countywide Food Recovery Program. The Countywide Food Recovery Program Funds will be segregated from the Countywide Solid Waste Program Funds in separately numbered and coded accounts that are readily identifiable as those containing Countywide Food Recovery Program Funds or Countywide Solid Waste Program Funds. The Fiscal Agent shall not expend, use or transfer any funds except in accordance with the annual work plan and budget.

The Fiscal Agent shall provide the TAC Administrator with the proposed costs to perform these duties.

SECTION 6. RESPONSIBILITIES OF THE PROGRAM MANAGER
The Program Manager will implement the Santa Clara County Food Recovery Program as described in Exhibit A.

SECTION 7. RESPONSIBILITIES OF THE PARTIES
The Parties will share costs of implementing the Program as described in Section 9 and undertake the duties assumed by the Jurisdictions as described in Exhibit A.

SECTION 8. BIENNIAL BUDGET
The TAC Administrator will prepare a biennial (two-year) budget that encompasses costs for the Program and Program Manager, the TAC Administrator, the Contracting Agent/Administration, and the Fiscal Agent.

Approval of the biennial budget shall follow the annual work plan and budget process as specified in the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee MOA.

SECTION 9. FUNDING

9.1 The Parties agree to share costs of the Program based on the number of edible food generators, as defined by the California Code of Regulations (14 CCR Section 18982) operating in their Jurisdiction on an annual basis, according to the following formula: Party’s Annual Share = (Total Budgeted Cost for Year

4 ÷ Total Number of Edible Food Generators Under MOU) x Number of Edible Food Generators in Party’s Jurisdiction.

The Parties agree to pay annually for the costs identified in the biennial budget and approved through the annual work plan and budget process asspecified in the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee MOA.

9.2 The initial Program budget will be based on the Fiscal Year 2024 allocation including costs for the Fiscal Agent, totaling THREE HUNDRED AND TEN THOUSAND DOLLARS ($310,000). No costs for TAC Administrator or Contracting Agent are included in the initial Program budget. Should cost recovery for the TAC Administrator or Contracting Agent be required in the future, these will be proposed during the annual work plan and budget process.

9.3 The Parties acknowledge that the Program Manager will evaluate the costs per Jurisdiction annually based on the number of generators operating within each Jurisdiction. Based on this evaluation, a cost adjustment will be projected to the second year of the biennial budget (see Section 8 above). The overall Program budget will not increase by more than TEN PERCENT (10%) of the prior year’s Program budget without prior approval by the RWRC.

9.4 The Fiscal Agent will annually submit to the Parties an invoice for the amounts due under this MOU by May 15th of each year. Each Party will make their payment to the Fiscal Agent based on the invoice amount within ninety (90) calendar days of receipt.

9.5 The Fiscal Agent will ensure that the Santa Clara County Food Recovery Program Fund account is segregated from the Solid Waste Program Fee Fund account managed pursuant to the TAC MOA.

9.6 Should any unspent funds remain in the Santa Clara County Food Recovery Program Fund account at the end of the fiscal year, disposition of those funds will be decided by the RWRC through the annual work plan and budget process, which could include: retaining surplus funds as a reserve, crediting Jurisdictions toward future payment allocations, dedicating funding to food recovery infrastructure, and providing supplemental food recovery outreach and education or other food recovery program activities.

9.7 Jurisdictions wishing to contribute additional funds for the edible food recovery enhancement program, implemented by the Program Manager, may elect to do so during the annual work plan and budget process. Any Jurisdiction opting into any voluntary enhancement program shall do so at its own discretion and at its own cost. The Fiscal Agent will include the additional enhancement program funding formally selected by the Jurisdiction in the annual invoice submitted to each Party by May 15th of each year.

9.8 In the event of a CalRecycle Implementation Schedule for a food recovery capacity shortfall identified during a Santa Clara County Edible Food Recovery Capacity Assessment, the Program budget may increase by more than TEN PERCENT (10%) of the prior year’s Program budget if needed to fund necessary capacity improvements as outlined in the CalRecycle Implementation Schedule, following prior approval of the budget increase by the RWRC.

SECTION 10. BOOKS AND ACCOUNTS

5 The Fiscal Agent will keep complete and accurate financial records related to accomplishing the purposes of this MOU. Upon reasonable notice to the Fiscal Agent, any Party to this MOU may inspect the financial records related to this MOU.

SECTION 11. FURTHER ASSURANCES
Each Party will adopt, execute, and make any and all further assurances, documents, instruments and resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the Parties ’performance of their obligations under this MOU.

SECTION 12. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to all other Parties as follows:

12.1 Authority: Each Party has the full legal right, power and authority under the laws of the State of California to enter into this MOU and to carry out all of its obligations herein.

12.2 Due Execution: Each Party’s representatives who sign this MOU are duly authorized to sign and bind their respective agency.

12.3 Valid, Binding, and Enforceable Obligations: This MOU has been authorized and executed by each Party and constitutes the legal, valid, and binding agreement of the Parties, and is enforceable according to its terms.

SECTION 13. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved in this MOU is exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy provided hereunder or hereafter existing in law or in equity or by statute or otherwise, and all remedies may be exercised without exhausting and without regard to any other remedy.

SECTION 14. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties 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, 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 in 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 MOU (including but not limited to work engaged in or contracts entered into by a Party acting in their capacity as Contracting Agent, Program Manager, TAC Administrator, or Fiscal Agent.). No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of any other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work

6 authority or Jurisdiction delegated to such other Party under this MOU, as indicated in this Section. The obligations set forth in this paragraph will survive termination and expiration of this MOU.

SECTION 15. SEVERABILITY
The provisions of this MOU shall be severable, and if any clause, sentence, paragraph, provision or other part shall be adjudged by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU will be valid and binding on the Parties.

SECTION 16. AMENDMENTS
This MOU may only be amended by a written instrument signed by the Parties.

SECTION 17. COUNTERPARTS
This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

SECTION 18. USE OF ELECTRONIC SIGNATURES
Unless otherwise prohibited by law, 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 writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the Parties. Should any Jurisdiction not permit electronic signatures only their copy of the MOU must be signed in the conventional manner.

SECTION 19. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS.

This MOU, including all Exhibits attached hereto, represents the entire understanding of the Parties as to those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto conflict with any of the terms specified in the body of this MOU, the terms specified in the body of this MOU shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOU may be modified only by a written amendment duly executed by the Parties to this MOU. This MOU is intended to supplement the original MOA and does not replace the original MOA. The MOA shall remain in effect and to the extent that there are any contradictions between this MOU and the original MOA, the provisions in this MOU shall prevail.

SECTION 20. WITHDRAWAL FROM MOU
No individual Party may withdraw from this Agreement prior to July 1, 2025. Any party wishing to withdraw on or after July 1, 2025 must provide notice to the Contracting Agent on or before January 15 of each year. The Parties acknowledge that the Contracting Agent and each individual Party may recalculate Agreement costs pro rata in the event of any withdrawal from this Agreement and that this time is required in order to allow each remaining Party and the Contracting Agent to amend their respective budgets if needed. Any withdrawing Party must make full payments through the end of the-then current term ending

7 on June 30. In no event shall this clause to be interpreted to prevent all Parties by unanimous mutual consent from withdrawing from this Agreement.

SECTION 21. NO LEGAL RELATIONSHIP
By entering into this MOU, the Parties are neither forming, nor do they intend to form a partnership, agency, or any other legal entity relationship. No Party is authorized to bind or to act as the agent or legal representative of the other Party for any purpose, and neither Party is granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of any other Party.

SECTION 22. GOVERNING LAW, VENUE
This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this MOU shall be in the County of Santa Clara.

MEMORANDUM OF UNDERSTANDING

AMONG LOCAL PUBLIC AGENCIES

IN SANTA CLARA COUNTY

FOR COUNTYWIDE FOOD RECOVERY PROGRAM
IN WITNESS HEREOF, the Parties have executed the MOU as of the last date set forth below:

City of Cupertino – City Manager Approval as to form, Cupertino City Attorney
Date: Date:

City of Gilroy- City Manager Approval as to form, Gilroy City Attorney
Date: Date:

8 City of Los Altos – City Manager Approval as to form, Los Altos City Attorney
Date: Date:

Town of Los Altos Hills – Assistant to the
Town Manager
Approval as to form, Los Altos Hills
Town Attorney
Date: Date:

City of Milpitas – City Manager Approval as to form, Milpitas City Attorney
Date: Date:

City of Morgan Hill, as a Party and as
Contracting Agent and TAC
Administrator
Approval as to form, Morgan Hill City
Attorney
Date: Date:

City of Mountain View- Acting Public
Works Director
City of Mountain View – Finance and
Administrative Services Director
Date: Date:

9 City of Mountain View- City Manager Approval as to form, Mountain View Senior Assistant City Attorney
Date: Date:

City of Mountain View-Assistant City
Clerk
Date:

West Valley Solid Waste Management
Authority (on behalf of the cities of
Campbell, Monte Sereno, Saratoga, and
the Town of Los Gatos) -Executive
Director
Approval as to form, West Valley Solid
Waste Management Authority General
Counsel
Date: Date:

City of Santa Clara - City Manager Approval as to form, Santa Clara City Attorney
Date: Date:

City of Palo Alto – City Manager Approval as to form, Palo Alto Assistant City Attorney
Date: Date:

10 City of Sunnyvale – City Manager Approval as to form, Sunnyvale Interim City Attorney
Date: Date:

County of Santa Clara, as a Party and as
Fiscal Agent - Chief Operating Officer
Approval as to form and legality, Santa
Clara County Deputy County Counsel
Date: Date:

City of San José Approval as to form, San José City
Attorney
Date: Date:

1 EXHIBIT A

PROGRAM OVERVIEW
This document describes the Santa Clara County Food Recovery Program, serving as the food recovery program (“Program”) on behalf of all jurisdictions (“Jurisdictions”) within the County, coordinating with the Jurisdictions performing their own enforcement. The details of the Program conform to the California Code of Regulations (14 CCR Section 18995.2 (f)(8), 14 CCR Section 18991.2 14 CCR Section 18991.1).

I. PURPOSE
The Countywide Program benefits the Jurisdictions by alleviating the need for duplicative staff, cost analysis, capacity assessment, expendituresfor infrastructure, labor, administration, and record keeping for the edible food recovery activities in their Jurisdiction. Additionally, this approach creates one uniform,standardized, and coordinated effort throughout the incorporated and unincorporated areas of Santa Clara County.

II. RESPONSIBILITIES
Jurisdictions
A. Shall develop a method to accept and keep records of written complaints, including anonymous complaints, regarding an entity that may be potentially non-compliant. Full details of the complaint will be communicated to the Program Manager within 10 days of receipt.

B. Shall refer all questionsreceived about the Program portions of SB 1383 implementation to the Program Manager within 10 business days. Jurisdictions should include the Program Manager in all communications to generators or food recovery organizations or services.

C. Shall maintain access to the shared database program to stay in compliance with the intent and structure of the Implementation Record which shall follow the format and elements as promulgated by CalRecycle, or other relevant statutory or administrative requirements.

D. On an annual basis, Jurisdictionsshall review and provide feedback to the Program Manager on inspection protocol, triggers, and enforcement processes. Cities and unincorporated County are encouraged to follow the procedures and stay within the suggested timeline for enforcement action set forth in the Monitoring Procedures document.

E. When informed by the Program Manager, Jurisdictions will work with the Program Manager in carrying out enforcement action with edible food generators or food recovery organizations or

2 services not in compliance. The Program Manager will recommend edible food generators or food recovery organizations or services for enforcement action, and the enforcement action taken will be at the discretion of the Jurisdiction. All enforcement action will be tracked in the Program’s shared database,so it is readily available to the Program Manager, Jurisdictions, and can become part of the Implementation Record.

F. Jurisdictions will determine what large events are happening in their jurisdiction. Within 10 days of an applicant being issued a permit for a new large event, as defined below, the Jurisdiction will notify the Program about the event, and share contact information for the event organizer. This is only for large events that meet the CalRecycle threshold for the definition:
“Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. By September 1 of each year, Jurisdictions will review the large events included in the shared database of regulated entities, to update the database to ensure no recurring events have been missed.

G. Shall work with the Program Manager on any related issues requiring Program assistance or lead in resolving the issue(s) related to complaints and/or noncompliance for any edible food generator or Food Recovery Organization or Service.

Program Manager
The Program Manager shall responsibly execute the management of the Santa Clara County Food Recovery Program (the Program). The Program Manager:

A. Shall develop and coordinate a standardized and uniform method to comply with California Code of Regulations, Title 14, Division 7, Chapter 12, “Short-Lived Climate Pollutants.” The Program Manager will operate within the Jurisdiction’s boundaries and replace the need for the Jurisdiction to create such a program on its own.

B. In the event of a CalRecycle Implementation Schedule for a food recovery capacity shortfall identified during a Santa Clara County Edible Food Recovery Capacity Assessment, The Program will work to develop the Implementation Schedule with CalRecycle and manage the effort to fund necessary capacity improvements as outlined in the Schedule. Additional Base Program costs beyond the allowable 10% yearly increase may be needed. The RWRC will review and approve or deny any needed budget changes. Funds will be collected based on the number of edible food generators and their auxiliary sites in each Jurisdiction.

3 C. Shall conduct a review, each fiscal year, of potential new edible food generators, to ensure that as businesses open in Santa Clara County the appropriate regulated entities are added to the lists. Closing businesses will be identified during the reporting process and be eliminated from the lists.

D. Shall provide the Jurisdictions with the information and data necessary for the Jurisdictions to make their required reportsto the California Department of Resources, Recycling and Recovery (“CalRecycle”).

E. Shall retain records of inspections in the Jurisdictions for a minimum of five (5) years.

F. Shall notify the Jurisdictions promptly about any related issues that require the Jurisdictions ’ assistance or to request the Jurisdictions lead in resolving the issue(s) that arise related to noncompliance.

G. Shall fulfill and endeavor to exceed the annual education requirement for the Jurisdictions and provide the data needed for Jurisdictions to complete required CalRecycle reports.

H. Solicit required Food Recovery Reports from generators and Food Recovery Organization/Services, compile and provide the results to Jurisdictions for inclusion in the ImplementationRecords, and to Santa Clara County for use in future Capacity Planning efforts.

I. Shall conduct inspections and monitoring in compliance with CalRecycle expectations for Edible Food Generators and Food Recovery Organizations and Services.

J. The Program shall supply appropriate content for a web site, including a list of Food Recovery Organizations and Services (to be updated at least annually) and be accessible to Edible Food Generators.

K. The Program shall represent the interests of the Program with other entities, counties, and CalRecycle.

L. The Program will develop procedures and timelines for cities and unincorporated County to encourage uniformity in enforcement, which the Cities and County would be encouraged to follow.

M. The Program shall create reports about Program activities each year in September, ahead of the budgeting process for the next fiscal year. These reports shall include a narrative about the Food Recovery Program activities,statistics, total number of pounds of food recovered as reported by

4 Edible Food Generators and Food Recovery Organizations (“FROs”), and any additional information needed by the Jurisdictions. Statistics about food waste prevention and food recovery in Santa Clara County will be shared publicly.

Edible Food Recovery Enhancements Program
The Edible Food Recovery Enhancements Program are any activities, annually identified by the Program Manager, that the Program Manager will undertake to ensure efficient food recovery and food waste prevention should the Jurisdictions choose to fund the chosen projects. Projects may include, but are not limited to, strategic capacity enhancements, projects that promote the efficient recovery of surplus food or the prevention of surplus food, as well as direct support of ongoing recovery activities, subject to approval of the RWRC.

Technical Advisory Committee Contracting Agent
A. The Contracting Agent will execute a contract with the Program Manager, chosen by the TAC, for the services outlined in the responsibilities above. The Contract will go into greater detail to ensure that all SB 1383 regulatory imperatives are handled by the Program.

B. The Contracting Agent will set up an invoicing system to pay the Program for the responsibilities outlined above.

III. ENFORCEMENT RESPONSIBILITIES FOR JURISDICTIONS
Each Jurisdiction is responsible for working with the Program on enforcement actions. Although the Jurisdiction is ultimately responsible for enforcement, the Program will support the process by drafting enforcement notices and necessary documents and by providing relevant information about previous inspections and attempts to support compliance. The Program will identify those businesses that need to be evaluated for enforcement action and will work with a Jurisdiction to ensure that CalRecycle compliant documentation is maintained.

IV. RECORDKEEPING AND REPORTING
The Program will complete all the record keeping tasks necessary for the Food Recovery Program portions of SB 1383, including records necessary for the ImplementationRecord. All necessary records will be stored digitally within 5 days of creation, and Jurisdictions will have real-time access to all these records.

The Program shall create a very brief report about Program activities at the end of each fiscal year.

Most programmatic information will be shared in September in the annual report.

DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7

MEMORANDUM OF

UNDERSTANDING AMONG LOCAL

PUBLIC AGENCIES IN

SANTA CLARA COUNTY

FOR FOOD RECOVERY PROGRAM COSTS
SECTION 1. OVERVIEW
This Memorandum of Understanding (“MOU”) is between the cities of Cupertino, Gilroy, Los Altos, Milpitas, Morgan Hill, Mountain View, Palo Alto, San José, Santa Clara, and Sunnyvale; the town of Los Altos Hills; the County of Santa Clara; and the West Valley Solid Waste Management Authority on behalf of its member agencies, the cities of Campbell, Monte Sereno and Saratoga; and town of Los Gatos; collectively “Parties” or individually as a "Party." SECTION 2. RECITALS
WHEREAS, the signatory Parties are also “PARTIES” to the Memorandum of Agreement for the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee, which is a Committee of the County of Santa Clara Recycling and Waste Reduction Commission that advances the interests of Party jurisdictions by performing technical and policy review to inform parties and advise the Commission on solid waste management issues, and bring together varied expertise and viewpoints for planning and implementing the Commission approved annual workplan and budget;
WHEREAS, the Parties have previously agreed to jointly fund the cost of a countywide edible food recovery program to satisfy their respective obligations under SB 1383 (2016) and the corresponding regulations;
WHEREAS, the County of Santa Clara is the Fiscal Agent for the Technical Advisory Committee (TAC) to the Santa Clara County Recycling and Waste Reduction Commission and the City of Morgan Hill is the Administrator and Contracting Agent for the TAC; WHEREAS, the City of Morgan Hill, as Program Administrator and Contracting Agent, has contracted with Joint Venture Silicon Valley to implement and manage the countywide Food Recovery Program (“Program”) for Fiscal Year 2023/24;
WHEREAS, the Parties desire to execute this MOU to provide for their respective share of costs for the Program;
NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the Parties agree as follows:

DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 SECTION 3. PURPOSE OF THE MOU
The purpose of this MOU is to establish a means of requiring:

Payment by the Parties for their share of the costs for implementation of the Program.

SECTION 4. EFFECTIVE DATE
This MOU shall be effective upon execution of this MOU by all Parties (“Effective Date”).

SECTION 5. PAYMENTS UNDER THIS MOU
For purposes of the Program, the County of Santa Clara is the Fiscal Agent and the City of Morgan Hill is the TAC Administrator and Contracting Agent, as specified in the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee MOA.

The Parties agree to share costs for the services as described in Exhibit A of this MOU.

The County of Santa Clara will, within thirty (30) days of the Effective Date of this MOU, submit to the other Parties an invoice for the amounts due under the MOU. Each party will make their payment to the County of Santa Clara based on the invoice amount.

SECTION 6. RECORDS AND ACCOUNTS
The County of Santa Clara will keep complete and accurate financial records related to accomplishing the purposes of this MOU. Upon reasonable notice to the County of Santa Clara, any Party to this MOU may inspect the financial records related to this MOU.

SECTION 7. FURTHER ASSURANCES
Each Party will adopt, execute, and make any and all further assurances, instruments and resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the Parties’ performance of their obligations under this MOU.

SECTION 8. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to all other Parties as follows:

Authority: Each Party has the full legal right, power and authority under the laws of the State of California to enter into this MOU and to carry out all of its obligations herein.

Due Execution: Each Party’s representatives who sign this MOU are duly authorized to sign and bind their respective agency.

DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 SECTION 9. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved in this MOU is exclusive of any other remedy, and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing in law or in equity or by statute or otherwise, and all such remedies may be exercised without exhausting and without regard to any other remedy.

SECTION 10. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties 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, 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 in 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 MOU. No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of any other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Party under this MOU. The obligations set forth in this paragraph will survive termination and expiration of this MOU.

SECTION 11. SEVERABILITY
The provisions of this MOU shall be severable, and if any clause, sentence, paragraph, provision or other part shall be adjudged by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU will be valid and binding on the Parties.

SECTION 12. AMENDMENTS
This MOU may only be amended by a written instrument signed by the Parties.

SECTION 13. COUNTERPARTS
This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.

SECTION 14. USE OF ELECTRONIC SIGNATURES
Unless otherwise prohibited by law, 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

DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 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 City of Morgan Hill. For the purposes of this agreement, the approved methods of signing shall be via DocuSign or original ink signature signed in counterpart and scanned over to the CITY via electronic mail.

SECTION 15. INTERPRETATION, PRIOR AGREEMENTS AND AMENDMENTS.

This MOU, including all Exhibits attached hereto, represents the entire understanding of the Parties as to those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto conflict with any of the terms specified in the body of this MOU, the terms specified in the body of this MOU shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOU may be modified only by a written amendment duly executed by the Parties to this MOU.

SECTION 16. NO LEGAL RELATIONSHIP
By entering into this MOU, the Parties are neither forming, nor do they intend to form a partnership, agency, or any other legal entity relationship. No Party is authorized to bind or to act as the agent or legal representative of the other Party for any purpose, and neither Party is granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of any other Party.

SECTION 17. GOVERNING LAW, VENUE
This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this MOU shall be in the County of Santa Clara.

IN WITNESS OF, the Parties have executed the MOU as of the last date set forth below:

DocuSigned by:

Pamela Wu
City SPCUPEHino - City Manager
Date: 5/2/2023
DocuSigned by:

Jimmy Forlas
City of‘ Gilroy - City Manager
Date: 5/2/2023
DocuSigned by:
iis
Approvarae ‘form, Cupertino
Date: 5/1/2023
DocuSigned by: DocuSigned by:

Audy Falu
70 r
...

oo
1464...

Approvaas lto form, Gilroy
Date; 5/4/2023 5/1/2023

DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 [al rid Eanland,
City of SPARES - City Manager
Date: 5/1/2023
DocuSigned by:

{ peter Pirmyad.

Tone os Altos Hills - Town Manager
DocuSigned by:
( Ashwini bautak
City SRPt ipitts - City Manager /actiN“G
Date: 5/10/2023
DocuSigned by:
( Claritin Tuer
City OPM OrSaHVill - City Manager
Date: 5/5/2023
DocuSigned by:

Kinbra McCarthy
City of MIOUABVIieNw - City Manager
Date: 5/5/2023
DocuSignedbbyy: :
( Daun S Cameron
‘Ci BERPititain View - Public Works Director
Date: 5/1/2023
Sarah rgrate
City of San Jose - Cty Manager
Date: 5/26/2023
DocuSigned by:
<2 City oF SHA CMita - City Manager
Date: 5/7/2023

DocuSigned by:
— 0831
Approval as to form, Los Altos
Date: 5/1/2023
DocuSigned by:

[ Stow fates
Approval 4816 40%m, Los Altos Hills
Date: 5/19/2023
(— DocuSigned by:

Approval #8 28"rotfi; Milpitas
Date: 5/1/2023

(Donald, Larkin
Approvat a¢tofétm, Morgan Hill
Date: 5/1/2023
DocuSigned by:
ans FE arly
Appr aPsigaefetm, Mountain View
[zy by:

T2ACA8DEF64B4BF...

City of Mountain View - Finance
Administrative Services Director
Date: 5/2/2023
[ploenclosl
Approval as to form, San Jose
Date: L
DocuSigned by:

(us ML. Hare
Approval as" 0 fori, Santa Clara (City)
Date: 5/22/2023

DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 DocuSigned by:
{ Lend Stufuns
City oF SuBVhalye - City Manager
Date: 5/2/2023
DocuSigned by:

Matthew Hada
County Sf Sant?’ tara - Director of Procurement

Date: 5/1/2023
DocuSigned by:

She tito
— oe
West Valley Solid Waste Management
Authority - President
Date: 5/1/2023
DocuSigned by:
| Ed Stiksda
City of Palo AltS = City Manager
Date: 5/5/2023

DocuSigned by:

Rebeca Meow
MN
Approval 48 to form, Sunnyvale
Date: 5/1/2023
DocuSigned by:

Willi Mauer
Approvill's2’fo'féim, Santa Clara County
Date: 5/1/2023
DocuSigned by:

{ birdun Powell
Approvala8 to'forin, West Valley Solid
Waste Management Authority
Date: 5/8/2023
DacuSigned by:

[ fae ee
Approvasa tlo form, City of Palo Alto
Date: 5/11/2023

DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7

EXHIBIT
A

COSTS
AND
SCOPE
OF

SERVICES

Froposed
Jurisdiction
Contributions for Base
Program
and
Infrastructure- FY 23-24
Program
Costs

Initial HBase Program | Base Program
Initial Local Asst. | program — | Contract Cost | Contribution Potential -|Grant (LAG). “pledge” | Tier1 | Tier2 Total | ($133 per ($133 per | Infrastructure | Enhancement Jurisdictions {Allocation | 19% of LAG | Generators | Generators | Generators | generator) | generator) | Enhancements | Contribution

55,495
77,953
75,255
7,980
11,970
7,847
Campbell Cupertino Gilroy
10,544 11 49 60
14,811 10 80 90
14,298 11 48 59
7,980
11,970
7,847
2,564
2,841
6,451
2,564
2,841 6,451

Los Altos 41,038 7,797 7 34 41 5,453 5,453 2,344 2,344

Los Altos Hills 20,000 3,800 0 2 2 266 266 3,534 3,534

Los Gatos 41,465 7,878 10 45 55 7,315 7,315 563 563
Milpitas 100,259 19,049 21 92 113 15,029 15,029 4,020 4,020 Monte Sereno 133 133 3,667 3,667

Morgan Hill
Mountain View
63,156 12,000 15 43 58
109,638 20,831 17 114 131
7,714
17,423
7,714
17,423
4,286
3,408
4,286
3,408|
Palo Alto 89,759 17,054 7 106 113 15,029 15,029 2,025 2,025

San Jose 1,351,654 256,814 212 787 999 132,702 132,702 124,112 124,112

Santa Clara Saratoga
Sunnyvale
172,504 32,776 40 162 202
41,085 7,806 2 26 28
202,777 39,368 26 144 170
26,866
3,724
22,610 22,610
26,866
3,724
5,910
4,082
5,910
4,082
16,758 16,758

$ $ $ $ $ $ $
20,000/$ 3,800 0 1 1
$ $ $ $ $ $ $

Dh] Se] UE] UE UE UE OE] UE) TP] UD | OP]
LV] UE OAL OM] WIM) MOM) OH] wm] Ow
Unincorporated SCC 113,337 | $ 23,000 13 35 48 6,384 6,384 16,616 16,616

Ar] el A] HE] | MH] | HLM] HW] | MH) VIO
Totals
ER EN Ee EL EL aL EL LL UL Ue] UF] UF] Ue)
VLU] VM] MA) MW] WIM] AO] MH) wW) wo) non
2,575 ara $ 491,627 402 1768 2170 288,445|$ 288,445 203,182 | $ 203,182

West Valley Cities: FY 23-24 éainnibudens funded by West Valley Solid Waste Managen ment — $ 19,152 S$ 10,876
‘Note: Initial program pledge was based on program cost estimate before program establishment and expences with program Sue of work.

Enhancement Contributions may be reduced, but not the Base Program Contribution.

Contributions to Infrastructure Enhancements by each agency are subject to change pending final saarduals by each Agency.

DocuSign Envelope ID: F14D4D16-76CD-4EFE-B52C-B1A3240516C7 EXHIBIT A:

SCOPE OF SERVICES
Base Program — Countywide Food Recovery Program Management From July 1, 2023 to June 30, 2024, Joint Venture Silicon Valley will run the Santa Clara County Food Recovery Program, serving as the food recovery program (Program) on behalf of all jurisdictions (Jurisdictions) of the Parties, and coordinating with any Party performing their own enforcement.

The Base Program
1 10.

Will develop and coordinate a standardized and uniform method to comply with California Code of Regulations, Title 14, Division 7, Chapter 12, “Short-Lived Climate Pollutants.” The Program will operate within the Party’s boundaries and replace the need for the Party to create such a program on its own.

Each year by March, the Program will conduct a review of new Tier 1 and Tier 2 Entities, to ensure that as businesses open in Santa Clara County, the appropriate regulated entities are added to the Tier 1 and Tier 2 lists. Closing businesses will be identified during the reporting process, and be eliminated from the lists.

Provide Parties with requirements for inclusion in the ‘large event’ list requested from each Party, as well as provide electronic materials for distribution for large event planners.

Shall provide Parties with the information and data necessary for the Parties to make their required reports to CalRecycle.

Shall retain records of inspections for each Party for a minimum of five (5) years.

Shall notify the Party promptly about any related issues that require the Party’s assistance or to request the Party lead in resolving the issue(s) that arise related to non-compliance.

Shall fulfill the annual education requirement for the Parties and provide the data needed for the Parties to complete required CalRecycle reports.

Shall conduct generator and Food Recovery Organization/Services requests for reports, compile the results, and communicate those results to the jurisdictions for inclusion in the Implementation Record Data Summary, and to Santa Clara County for use in future Capacity Planning efforts.

Shall conduct inspections and monitoring in compliance with CalRecycle expectations for Tier One businesses, Tier Two entities and Organizations, and Food Recovery Organizations and Services.

The Program shall supply appropriate content for the web site, SCCFoodRecovery.org, as well as a list of Food Recovery Organizations and Services. The list will be annually updated and made accessible to Tier 1 and 2 Entities.

DocuSign Envelope ID:

11. 12.

13. F14D4D16-76CD-4EFE-B52C-B1A3240516C7
The Program leadership shall represent the interests of the Program with other entities, Counties, and CalRecycle.

The Program leadership shall create reports about Program activities at the end of each fiscal year. These reports shall include monitoring statistics, details on overall compliance, compliance in certain sectors, total number of pounds of food recovered, and a summary of all enforcement actions taken.

Statistics about food recovery in Santa Clara County will be shared on the Office of Sustainability website as part of the Sustainability Master Plan Data Dashboard and the Annual Sustainability Report.

All Parties to this MOU will receive the Base Program services.

Infrastructure Enhancements Program
As shown in Exhibit A of this MOU, jurisdictions have chosen to contribute to the edible food recovery Infrastructure Enhancements Program which will direct additional food recovery resources to participating jurisdictions between July 1, 2023 and June 30, 2024. The Infrastructure Enhancements Program will include two subprograms, described as follows:
1) Small Capacity Grants. Grants will be issued to increase the food recovery capacity of food 2)
recovery organizations that serve contributing jurisdictions. Applications will be solicited, awards will be issued, and funds will be distributed. Joint Venture Silicon Valley will provide information for Annual Reporting that shows how contributions to this subprogram were spent on behalf of each participating Agency.

Food Waste Prevention Classes. A webinar/in-person series will be advertised for different sectors regulated under SB 1383 (e.g., restaurants, hospitals, schools, large events). The series will promote food waste prevention measures specific to each regulated sector, provide food recovery tips and best practices, and teach businesses and organizations how to comply with SB 1383 and local ordinances. The series will start with Tier 2, and then move into Tier 1 groups that answered ‘zero pounds' in their reports, if funding allows. Joint Venture Silicon Valley will provide information for Annual Reporting that shows how contributions to this subprogram were spent on behalf of each participating Party.
fii

Certificate Of Completion
Envelope Id: F14D4D1676CD4EFEB52CB1A3240516C7
Subject: Complete with DocuSign: FRP_SharedCostAgrmt_MOU_removed West Valley Cities final_4sigsMV_5.1.23.pdf Source Envelope:

Document Pages: 9
Certificate Pages: 12
AutoNav: Enabled
Envelopeld Stamping: Enabled
Signatures: 27
Initials: 0
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Record Tracking
Status: Original
5/1/2023 9:56:15 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Andy Faber
[email protected]
City Attorney
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/4/2023 2:33:49 PM
ID: 019fdeOb-2610-414b-b6c6-f1 cdbd3fbdb8
Ashwini Kantak
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/10/2023 10:15:19 AM
ID: 83d99ce9d-2d92-432f-bb5e-f3fae0bf276d
Caio Arellano
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/11/2023 6:02:19 AM
ID: b8fef4c7-5026-4fad-93f9-5c1501443e4c
Christina Turner
[email protected]
City Manager
City of Morgan Hill
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Holder: City Clerk's Office
[email protected]
Pool: StateLocal
Pool: City of Morgan Hill
Signature :
[a Faby
1979CSEBS5B68470...

Signature Adoption: Pre-selected Style
Using IP Address: 68.121.158.241
[in bantak
OCFA2D4A9CB804E4...

Signature Adoption: Pre-selected Style
Using IP Address: 50.59.22.2
(eas by:
81C299FA3B9340E...

Signature Adoption: Uploaded Signature Image
Using IP Address: 98.47.120.62
DacuSigned by:

Cluvistiva Tuer
6D0198AF549944D...

Signature Adoption: Pre-selected Style
Using IP Address: 107.115.112.18
DocuSign
Status: Completed
Envelope Originator:

City Clerk's Office
17575 Peak Ave
Morgan Hill, CA 95037
[email protected]
IP Address: 152.44.239.118
Location: DocuSign
Location: DocuSign
Timestamp
Sent: 5/1/2023 11:08:40 AM
Viewed: 5/4/2023 2:33:49 PM
Signed: 5/4/2023 2:34:21 PM
Sent: 5/1/2023 11:08:42 AM
Viewed: 5/10/2023 10:15:19 AM
Signed: 5/10/2023 10:15:43 AM
Sent: 5/1/2023 11:08:53 AM
Resent: 5/1/2023 11:55:46 AM
Viewed: 5/11/2023 6:02:19 AM
Signed: 5/11/2023 6:02:43 AM
Sent: 5/1/2023 11:08:44 AM
Viewed: 5/5/2023 5:52:03 AM
Signed: 5/5/2023 5:53:50 AM

Signer Events
Accepted: 5/5/2023 5:52:03 AM
ID: deOd7e7d-5dcf-4 1b1-a264-c221890ae38b
Christopher D. Jenson
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 11:16:38 AM
ID: 1b0621ee-947f-4d4e-9466-6edb7d3f2f06
Dawn S Cameron
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 4:53:11 PM
ID: 3be33e4c-c54b-407a-a33e-06220619193c
Derek Rampone
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 11:21:57 AM
ID: a0de42d3-bc19-4af4-91ff-d09e62fa3f69
Diana Fazely
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/3/2023 2:22:56 PM
ID: 274e1052-6eb2-41dc-abdb-7e1a7fc9dc69
Donald Larkin
[email protected]
City Attorney/Risk Manager
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 11:15:41 AM
ID: 9330dec4-8ed0-4b73-b974-f34f502102bc
Signature
DocuSigned by:

Chyisoplur 0. Junsou
4EAGB27CD2B74E4...

Signature Adoption: Pre-selected Style
Using IP Address: 136.24.22.194
DocuSigned by:
( Daun S Cameron
431D4C48F33C49F...

Signature Adoption: Pre-selected Style
Using IP Address: 38.99.34.33
(cz by:
‘72ACABDEF64B4BF...

Signature Adoption: Drawn on Device
Using IP Address: 38.99.34.33
DocuSigned by:

Diana Fanuly
‘7FF9A7208CBB4D1...

Signature Adoption: Pre-selected Style
Using IP Address: 73.189.195.168
DocuSigned by;
Donald (arkiv.
45E6F0273EA2464...

Signature Adoption: Pre-selected Style
Using IP Address: 71.93.229.68
Timestamp
Sent: 5/1/2023 11:08:39 AM
Viewed: 5/1/2023 11:16:38 AM
Signed: 5/1/2023 11:17:56 AM
Sent: 5/1/2023 11:08:43 AM
Viewed: 5/1/2023 4:53:11 PM
Signed: 5/1/2023 4:55:46 PM
Sent: 5/1/2023 11:08:43 AM
Viewed: 5/1/2023 11:21:57 AM
Signed: 5/2/2023 3:28:25 PM
Sent: 5/3/2023 1:48:51 PM
Viewed: 5/3/2023 2:22:56 PM
Signed: 5/3/2023 2:23:07 PM
Sent: 5/1/2023 11:08:50 AM
Viewed: 5/1/2023 11:15:41 AM
Signed: 5/1/2023 11:16:52 AM

Signer Events
Ed Shikada
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/3/2023 11:01:32 AM
ID: 9d7491c6-779e-4f4b-b273-c1976a41b3f0
Gabriel Engeland
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 8:37:12 PM
ID: 230984e0-2f4e-4f90-b622-22a859fa813d
Jimmy Forbis
[email protected]
City Administrator
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/2/2023 10:43:36 PM
ID: 079f1c50-59b3-4ecc-83b7-32815a1f536d
Jolie Houston
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 11:54:20 AM
ID: 042df2e9-3f1d-457d-ae19-cc9eed44d0e1
Jovan D. Grogan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/5/2023 7:45:07 AM
ID: 5e9934b0-786a-4665-8462-3e1f503a84ca
Kent Steffens
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Signature
DocuSigned by:

F2DCA19CGCED4F9..,
Signature Adoption: Pre-selected Style
Using IP Address: 199.33.32.254
DocuSigned by:

Cabri. Crguland.
1221E448CC844F8...

Signature Adoption: Pre-selected Style
Using IP Address: 98.248.50.11
DocuSigned by:
(sin Fovlis
FAB7DCFFD9254E3...

Signature Adoption: Pre-selected Style
Using IP Address: 71.93.228.96
DocuSigned by:

Signature Adoption: Pre-selected Style
Using IP Address: 68.121.158.241
DocuSigned by:
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Signature Adoption: Drawn on Device
Using IP Address: 172.58.88.157
Signed using mobile
DocuSigned by:
kent Steffns
OC91E613C0AS45F...

Signature Adoption: Pre-selected Style
Using IP Address: 198.94.221.66
Timestamp
Sent: 5/1/2023 11:08:53 AM
Viewed: 5/3/2023 11:01:32 AM
Signed: 5/5/2023 9:56:54 AM
Sent: 5/1/2023 11:08:42 AM
Viewed: 5/1/2023 8:37:12 PM
Signed: 5/1/2023 8:37:25 PM
Sent: 5/1/2023 11:08:41 AM
Viewed: 5/2/2023 10:43:36 PM
Signed: 5/2/2023 10:43:53 PM
Sent: 5/1/2023 11:08:45 AM
Viewed: 5/1/2023 11:54:20 AM
Signed: 5/1/2023 11:54:44 AM
Sent: 5/1/2023 11:08:49 AM
Viewed: 5/5/2023 7:45:07 AM
Signed: 5/7/2023 11:56:55 AM
Sent: 5/1/2023 11:08:48 AM
Viewed: 5/2/2023 8:36:02 PM
Signed: 5/2/2023 9:33:31 PM

Signer Events
Accepted: 5/2/2023 8:36:02 PM
ID: 40f98182-e26c-4 1ee-b04a-2bf2d2e405ed
Kimbra McCarthy
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/5/2023 7:14:02 AM
ID: 9¢3ea2b7-42c9-42a5-b420-67899d0a5625
Kirsten Powell
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/8/2023 8:30:54 AM
ID: 39ea5193-a104-46d7-be4b-b83b88d7cd9b
Luis M. Haro
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 1:21:38 PM
ID: 5cfd82b9-2c82-46c5-a742-65b978ec1475
Matthew Hada
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 11:35:37 AM
ID: 404a699c-fd90-4e90-b4ad-ffa503a42a9d
Michael Mutalipassi
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 3:19:26 PM
ID: cc4c3433-1741-4297-a0fe-337910c7d908
Signature
DocuSigned by:

Kimnbra McCarthy
253F6B1B9DFAGAB...

Signature Adoption: Pre-selected Style
Using IP Address: 104.9,124.184
Signed using mobile
DocuSigned by:
hivsten Powell
OOF 15E0E71244B4...

Signature Adoption: Pre-selected Style
Using IP Address: 73.63.184.160
Signed using mobile
DocuSigned by:
(wis M. Kare
0990184AB84C4B7...

Signature Adoption: Pre-selected Style
Using IP Address: 38.99.114.1
DocuSigned by:

Matthew Hada
CEAOS0A27EBB4EA...

Signature Adoption: Pre-selected Style
Using IP Address: 146.74.1.98
[A—
Signature Adoption: Uploaded Signature Image
Using IP Address: 50,59.22.2
Timestamp
Sent: 5/1/2023 11:09:04 AM
Viewed: 5/5/2023 7:14:02 AM
Signed: 5/5/2023 7:16:33 AM
Sent: 5/1/2023 11:08:59 AM
Viewed: 5/8/2023 8:30:54 AM
Signed: 5/8/2023 8:31:40 AM
Sent: 5/1/2023 11:08:52 AM
Viewed: 5/1/2023 1:21:38 PM
Signed: 5/22/2023 12:39:39 PM
Sent: 5/1/2023 11:09:03 AM
Viewed: 5/1/2023 11:35:37 AM
Signed: 5/1/2023 11:35:53 AM
Sent: 5/1/2023 11:08:51 AM
Viewed: 5/1/2023 3:19:26 PM
Signed: 5/1/2023 3:21:21 PM

Signer Events
Pamela Wu
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/2/2023 8:37:35 AM
ID: 1c99465f-8f73-49c8-9b49-c01366e90343
Peter Pirnejad
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 1:20:03 PM
ID: 8a6c1047-d9f6-4897-b1c2-4d6b8f05017b
Rebecca Moon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 11:12:13 AM
ID: 397f2456-e21a-4906-98b9-783350938b41
Rob Hilton
[email protected]
President
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 11:09:58 AM
ID: 8f58b590-3 1f7-4c05-b2de-a151a100f0ad
Steve Mattas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/5/2023 9:27:32 AM
ID: 1206ba84-549d-4f5a-ac2d-a9c8ab5i27bd
Willie Nguyen
willie. [email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Signature
DocuSigned by:

Pamela Wu
AA9Q2FF3291C7438...

Signature Adoption: Pre-selected Style
Using IP Address: 64.165.34.3
DocuSigned by:

Pur Pimyad,
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Signature Adoption: Pre-selected Style
Using IP Address: 50.239.26.174
DocuSigned by:
[recs Moou.
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Signature Adoption: Pre-selected Style
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DocuSigned by:
[<3 tibow
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Signature Adoption: Pre-selected Style
Using IP Address: 24.6.115.57
DocuSigned by:

Stu Mattes
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Signature Adoption: Pre-selected Style
Using IP Address: 174.197.76.94
Willi Naan.

A1756187CF04415...

Signature Adoption: Pre-selected Style
Using IP Address: 146.74.60.99
Timestamp
Sent: 5/1/2023 11:08:40 AM
Viewed: 5/2/2023 8:37:35 AM
Signed: 5/2/2023 8:37:53 AM
Sent: 5/1/2023 11:08:54 AM
Resent: 5/1/2023 11:48:47 AM
Viewed: 5/1/2023 1:20:03 PM
Signed: 5/1/2023 1:21:01 PM
Sent: 5/1/2023 11:09:00 AM
Viewed: 5/1/2023 11:12:14 AM
Signed: 5/1/2023 11:17:31 AM
Sent: 5/1/2023 11:08:58 AM
Viewed: 5/1/2023 11:09:58 AM
Signed: 5/1/2023 11:10:41 AM
Sent: 5/1/2023 11:08:51 AM
Viewed: 5/5/2023 9:27:32 AM
Signed: 5/19/2023 9:51:08 AM
Sent: 5/1/2023 11:08:57 AM
Viewed: 5/1/2023 11:10:42 AM
Signed: 5/1/2023 11:15:46 AM

Signer Events
Accepted: 5/1/2023 11:10:41 AM
ID: a500d164-6f76-4e97-a568-7cded4a68632
In Person Signer Events
Editor Delivery Events
Agent Delivery Events
Intermediary Delivery Events
Certified Delivery Events
Carbon Copy Events
Brad Eggleston
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Casey Leedom
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Chuck Muir
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Clif Chew
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Cynthia lwanaga
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 5/1/2023 9:24:00 AM
ID: 66b4f104-4cd0-4412-aff0-d3ab5542acf7
Dave Staub
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Hailey Gordon
[email protected]
Security Level: Email, Account Authentication
(None)
Signature
Signature
Status
Status
Status
Status

Status
COPIED

COPIED

COPIED

COPIED

COPIED

COPIED

COPIED
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Timestamp
Sent: 5/1/2023 12:41:43 PM
Sent: 5/1/2023 11:08:46 AM
Sent: 5/1/2023 11:08:47 AM
Resent: 5/1/2023 12:41:42 PM
Sent: 5/1/2023 11:09:02 AM
Viewed: 5/1/2023 11:09:52 AM
Sent: 5/2/2023 7:49:20 AM
Viewed: 5/2/2023 8:25:53 AM
Sent: 5/1/2023 11:09:01 AM
Viewed: 5/22/2023 1:00:43 PM
Sent: 5/1/2023 11:08:59 AM

Carbon Copy Events
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Hemali Mikhael
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
lvan Carmona-Torres
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jennifer Cutter
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Kim Mancera
[email protected]
Municipal Services Assistant
City of Morgan Hill
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Laura Lo
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Michele Young
[email protected]
Security Level: Email, Account Authentication
(None), Login with SSO
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Myvan Khuu-Seeman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Paula Borges
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Status

COPIED

COPIED

COPIED

COPIED

COPIED

COPIED

COPIED

COPIED
Timestamp
Sent: 5/1/2023 11:08:46 AM
Sent: 5/1/2023 11:08:58 AM
Viewed: 5/1/2023 11:12:26 AM
Sent: 5/1/2023 11:08:52 AM
Viewed: 5/1/2023 11:28:24 AM
Sent: 5/1/2023 11:08:56 AM
Sent: 5/1/2023 11:08:47 AM
Sent: 5/1/2023 11:08:57 AM
Viewed: 5/1/2023 3:57:39 PM
Sent: 5/1/2023 11:08:54 AM
Viewed: 5/22/2023 12:41:10 PM
Sent: 5/1/2023 11:08:55 AM

Carbon Copy Events
Sarina Revillar
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Shikha Gupta
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Tania Katbi
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Tanya Carothers
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Ursula Syrova
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
WVSWMA
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events
Notary Events
Envelope Summary Events
Envelope Sent
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Envelope Updated
Certified Delivered
Signing Complete
Completed
Status
COPIED

COPIED

COPIED

COPIED

COPIED

COPIED
"Signature
Signature
' Status
Hashed/Encrypted
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Security Checked
Timestamp
Sent: 5/1/2023 11:08:48 AM
Sent: 5/1/2023 11:09:02 AM
Viewed: 5/1/2023 11:10:34 AM
Sent: 5/1/2023 11:08:44 AM
Viewed: 5/22/2023 12:41:18 PM
Sent: 5/1/2023 11:08:45 AM
Sent: 5/1/2023 11:08:41 AM
Viewed: 5/22/2023 12:41:39 PM
Sent: 5/1/2023 11:08:55 AM
‘Timestamp
Timestamp _
‘Timestamps
5/1/2023 11:09:05 AM
5/1/2023 11:48:46 AM
5/1/2023 11:55:45 AM
5/1/2023 11:55:45 AM
5/1/2023 12:41:42 PM
5/1/2023 12:41:42 PM
5/2/2023 7:49:20 AM
5/3/2023 1:48:51 PM
5/3/2023 1:48:51 PM
5/1/2023 11:10:42 AM
5/1/2023 11:15:46 AM
6/22/2023 12:39:39 PM

P
ayment Events Status Timestamps
Electronic Record and Signature Disclosure

Electronic Record and Signature Disclosure created on: 5/29/2020 4:52:24 PM Parties agreed to: Andy Faber, Ashwini Kantak, Caio Arellano, Christina Turner, Christopher D. Jenson, Dawn S Cameron, Derek Rampone, Diana Fazely, Donald La

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TOWN OF LOS ALTOS HILLS June 20, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION OPPOSING INITIATIVE NO. 21-0042A1, THE

TAXPAYER PROTECTION AND GOVERNMENT

ACCOUNTABILITY ACT
FROM: Steve Mattas, City Attorney
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:

Adopt the attached resolution (Attachment 1) opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act and send an opposition letter to the League of California Cities (Attachment 2).

BACKGROUND:

The Taxpayer Protection and Government Accountability Act would revise the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts.

If adopted, the measure could have negative impacts on the Town of Los Altos Hills operations and core service delivery.

The proposed constitutional initiative is sponsored by the California Business Roundtable.

DISCUSSION:

On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot.

The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative.

Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government

Staff Report to City Council Page 2
Taxpayer Protection and Government Accountability Act
June 20, 2024
2 Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Fees and Taxes
Virtually every city, county, and special district regularly adopts increases to fee rates and charges and revised rate schedules to accommodate increased cost for providing services to residents. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

Hundreds of local tax measures were approved in 20227 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.

Local governments levy a variety of fees and other charges to provide core public services.

Examples of potentially affected Town fees could include future nuisance abatement charges, zoning permit fees, site development fees, permit fees, document processing and duplication fees, facility use charges, and fees for parks and recreation services.

While the Town does not currently have a local government tax, reductions on local government tax revenues in neighboring communities may have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, affordable housing, homelessness prevention, and mental health services.

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.

CITY COUNCIL WORKPLAN:

Adopting a resolution of opposition to this initiative was not identified in the City Council Work Plan, but doing so would protect local control of taxpayer revenue.

FISCAL IMPACT:

No fiscal impact for sending an opposition letter.

If approved, the Taxpayer Protection and Government Accountability Act could take a substantial amount of dollars away from local government services.

Staff Report to City Council Page 3
Animal Control Services Agreement
May 16, 2024
ATTACHMENTS:

1. Resolution of Opposition

2. Letter of Opposition

RESOLUTION No. xx-24
RESOLUTION OPPOSING INITIATIVE NO. 21-0042A1, THE TAXPAYER

PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT
WHEREAS, an association representing California’s wealthiest corporations is spending tens of millions of dollars to promote a deceptive ballot measure currently eligible for the November 2024 statewide ballot; and
WHEREAS, the measure creates constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, which could force residents and taxpayers to pay more to maintain services; and
WHEREAS, the measure threatens billions of dollars every year in local government funding for services like fire and emergency response, law enforcement, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure is an attack on voters’ rights, containing undemocratic provisions that would make it more difficult for local voters to pass measures to fund services, provisions that retroactively cancel measures recently passed by voters, and provisions that prevent voters from passing advisory measures that provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure contains intentionally restrictive language that will encourage hundreds of frivolous lawsuits against cities and local governments – costing taxpayers many millions and stopping investments in vital local services; and WHEREAS, the measure would make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure is opposed by hundreds of local governments, teachers, firefighters, working families and local elected officials.

THEREFORE, BE IT RESOLVED that the Town of Los Altos Hills opposes Initiative #21- 0042A1;
BE IT FURTHER RESOLVED, that the Town of Los Altos Hills will join the “Stop the Taxpayer Deception Act” coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of June 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stan Mok, Mayor
ATTEST:
______________________________
Arika Miller, City Clerk

26379 Fremont Road Los Altos Hills California 94022 Phone (650) 941-7222 Fax: 650/941-3160 June 20, 2024
League of California Cities
c/o Public Affairs Department
1400 K Street, Suite 400
Sacramento, CA 95814
Re: Letter Opposing Initiative 21-0042A1
The Town of Los Altos Hills opposes Initiative #21-0042A1, a November 2024 statewide ballot proposition. The measure is a significant threat to local control and voters’ rights that could jeopardize funding for vital services.

This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, which could force residents and taxpayers to pay more to maintain services.

The measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, services to support homeless residents, and more.

The measure is also an attack on voters’ rights, containing undemocratic provisions that would make it more difficult for local voters to pass measures to fund local services, provisions that retroactively cancel measures recently passed by voters, and provisions that prevent voters from passing advisory measures that provide direction on how they want their local tax dollars spent.

Furthermore, the measure contains intentionally vague and restrictive language that will encourage hundreds of frivolous lawsuits against cities and local governments — costing taxpayers millions and blocking investments, development and long-term planning.

Examples of potentially affected Town fees could include future nuisance abatement charges, zoning permit fees, site development fees, permit fees, document processing and duplication fees, facility use charges, and fees for parks and recreation services.

You may list the Town of Los Altos Hills in formal opposition to Initiative #21-0042A1 and include our Town as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.

Letter Opposing Initiative 21-0042A1
June 20, 2024
Page Two
Sincerely,
Peter Pirnejad
City Manager
Town of Los Altos hills
[email protected]

ITEM 7K
TOWN OF LOS ALTOS HILLS June 20, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE SEWER CONSTRUCTION AND

DEDICATION AGREEMENT FOR OLD RANCH LANE SEWER MAIN

EXTENSION
FROM: WooJae Kim, Public Works Director/City Engineer
APPROVED: Peter Pirnejad, City Manager

RECOMMENDATION:

Staff recommends that the City Council approve a resolution (Attachment 1) approving the Sewer Construction and Dedication Agreement for the Old Ranch Lane Sanitary Sewer Main Extension.

BACKGROUND:

Pursuant to Town Municipal Code Section 6-4.446 “Extension of sewer main facilities”, sewer main facilities may be extended by an applicant in accordance with plans and specifications approved by the City Engineer. The Sewer Construction and Dedication Agreement transfers the ownership of the sewer main from the property owners to the Town once the sewer extension is completed.

DISCUSSION:

The property owners/applicants of 11540 Old Ranch Lane (APN 331-01-008) wish to connect to Town’s sanitary sewer system by constructing a new eight-inch gravity sewer main within the public right of way on Old Ranch Road and Old Ranch Lane, as well as a new six-inch sleeve pipe on Old Ranch Lane. The proposed eight-inch gravity sewer main will connect to the existing manhole on Old Ranch Road and continue 117 feet to the intersection of Old Ranch Road and Old Ranch Lane, then continue north on Old Ranch Lane for about 105 feet to a new manhole. The sewer line will then continue as a six-inch sleeve on Old Ranch Lane for about 175 feet for potential future force main connections.

Staff has reviewed and approved the sewer application and the sewer main extension design plans for the proposed project on Old Ranch Road and Old Ranch Lane. The construction for the project is expected to commence after the City Council adopts the resolution, and once an encroachment permit is issued by the Town.

The Sewer Construction and Dedication Agreement (Attachment 2) is to ensure that the ownership and maintenance responsibilities of the newly constructed sewer main are properly transferred to the Town.

Staff Report to City Council Page 2
Old Ranch Lane Sanitary Sewer Main Extension
June 20, 2024
2 ENVIRONMENTAL REVIEW:

This action is a Class 3 categorical exemption per Article 19 (Categorical Exemptions) section 15303(d) New Construction or Conversion of Small Structures of the California Environmental Quality ACT (CEQA) guidelines.
2024-2025 CITY COUNCIL WORK PLAN:

This action was not identified on the 2024 City Council Work Plan, but it supports the council priorities to “Maintain Quality of Life” and “Protect and Maintain Infrastructure.” FISCAL IMPACT:

There is no immediate fiscal impact associated with this recommendation. The sewer main will be installed per Town standards at the expense of the property owners. The newly constructed sewer main will become the Town’s asset, and the Town will assume maintenance responsibilities for the new sewer main.

ATTACHMENTS

1. Resolution

2. Old Ranch Lane Sewer Main Construction and Dedication Agreement Report prepared by: Melissa Elian-Carrillo, Assistant Engineer

ITEM 7K
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING THE SEWER CONSTRUCTION AND DEDICATION AGREEMENT

FOR OLD RANCH LANE SANITARY SEWER MAIN EXTENSION
WHEREAS, pursuant to Los Altos Hills Municipal Code Section 6-4.446, sewer main facilities may be extended by an applicant in accordance with plans and specifications approved by the City Engineer; and
WHEREAS, the Town of Los Altos Hills received an application from the property owners at 11540 Old Ranch Lane (APN 331-01-008) for construction of the Old Ranch Lane Sanitary Sewer Main Extension at applicant’s sole cost and expense for the benefit of applicant; and
WHEREAS, the applicant desires to dedicate the Old Ranch Lane Sanitary Sewer Main Extension to the Town upon completion of construction; and WHEREAS, Town staff prepared the Sewer Construction and Dedication Agreement for the proposed work to ensure that the ownership and maintenance responsibilities of the newly constructed sewer are transferred to the Town; and
WHEREAS, the City Engineer has reviewed the application and plans for the project, and recommends that the Council approve the Sewer Construction and Dedication Agreement for the proposed sewer improvements.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Town of Los Altos Hills does hereby approve the Sewer Construction and Dedication Agreement for the Old Ranch Lane Sanitary Sewer Main Extension.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of June 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________
Arika Birdsong-Miller, City Clerk

1 SEWER CONSTRUCTION AND DEDICATION AGREEMENT
THIS SEWER CONSTRUCTION AND DEDICATION AGREEMENT (this
“Agreement”) is entered into as of __________, 2024, (“Effective Date”) by and between WILLIAM

LITTLE AND KATLEEN MORAN TRUSTEES OF THE LUTZ FAMILY TRUST (“Applicants”), and the TOWN OF LOS ALTOS HILLS (“Town”), a California municipal corporation (collectively, the “Parties” and individually as “Party”).

R E C I T A L S
A. Applicants are the owners of certain property located at 11540 Old Ranch Lane (APN 331-01-008) in the Town of Los Altos Hills, County of Santa Clara, State of California.

B. Applicants propose to construct a sewer main extension on Old Ranch Road and Old Ranch Lane to serve Applicant’s properties on Old Ranch Road and Old Ranch Lane. The location of the proposed sewer main is on Old Ranch Road and Old Ranch Lane and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (“Old Ranch Lane Sewer Main Extension” or “Project”).

C. The plans and specifications for the Project are more particularly described on Exhibit B attached hereto and incorporated herein by this reference (“Plans and Specifications”).

D. Section 6-4.446 of the Los Altos Hills Municipal Code provides that sewer main facilities may be extended by an applicant in accordance with plans and specifications approved by the City Engineer, at applicant’s cost.

E. Applicants desire to construct the Project at Applicants’ sole cost and expense and for the benefit of residents on Old Ranch Road and Old Ranch Lane, including the Applicants, but does not intend to include any additional present or future users to utilize the extension aside from the present and future owners of the Properties.

F. Upon completion of construction, Applicants further desire to dedicate and the Town desires to accept, the Old Ranch Lane Sanitary Sewer Main Extension to the Town, subject to final inspection by the Town.

G. It is the intention of the Parties to set forth the terms and conditions on which Applicants shall construct and dedicate the Old Ranch Lane Sanitary Sewer Main Extension to the Town and reimburse the Town for all related costs.

AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows:

1. Construction. Applicants shall construct the Project at their sole cost and expense, and in accordance with approved Plans and Specifications attached hereto and incorporated herein as

2 Exhibit B, and in conformity with all applicable federal, state and local laws, rules, ordinances and regulations, including the Los Altos Hills Municipal Code. Applicants shall be required to obtain an encroachment permit from the Town and comply with all applicable terms and conditions of such permit, and shall also be responsible for obtaining any and all other required permits and other governmental approvals necessary for the construction and installation of the Project. If Applicants fail to construct the Project in accordance with this Agreement, such failure shall constitute a breach of the Applicants’ obligations herein and the Town shall be entitled to enforce the Applicants’ bond or security as provided in Section 5 below.

2. Timing of Construction. Applicants shall complete construction of the Project no later than June 5, 2025.

3. Inspection and Acceptance by the Town. Upon completion of construction by Applicants, the Town shall have the right to inspect, measure, survey, and test the Project for compliance with the approved plans and specifications.

4. Dedication. Upon final inspection and approval by the Town of the Project, Applicants shall deliver to the Town an irrevocable offer of dedication substantially in the same form set forth on Exhibit C attached hereto (“IOD”) offering the Old Ranch Lane Sanitary Sewer Main Extension to the Town; provided, however, the IOD shall be subject to, and not allow acceptance by the Town until, all of the conditions precedent in Sections 1-3 above are satisfied.

5. Provision of Security. Applicants agree to guarantee the completion of the Project and, as security for that guarantee, Applicants shall provide the Town with security, in the form of a cashier’s check or bond, no more than one hundred percent (100%) of the estimated cost of constructing the Project as approved by the City Engineer. The Town shall release the security for completion of the sewer extension upon final inspection and approval by the Town. Applicants shall also file with the City a two (2) year warranty bond or equivalent security in a form and in an amount, and with a surety acceptable to City, to warrant the Project against any defective work or labor done or defective materials furnished following the Project being accepted by the Los Altos Hills City Council.

6. Responsibility of Applicant. Applicants acknowledge and agree that they shall be responsible for the construction, maintenance, upkeep and any issues relating to the condition of the Project until such time that the sewer line has been dedicated to and accepted by the Town. Upon acceptance of dedication by the Town, the Applicants shall not have responsibility for the Old Ranch Lane Sewer Main Extension line.

7. Indemnity. Applicants agree to indemnify, defend (with counsel approved by Town) and hold the Town and its respective elected and appointed officers, officials, employees, agents, consultants, and contractors (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, Applicants’ performance of their obligations under this Agreement prior to the Town approving and accepting dedication of the Old Ranch Lane Sanitary Sewer Main Extension.

Applicants’ indemnification obligations set forth in this Section shall not apply to the extent of Claims arising from the gross negligence or willful misconduct of the Indemnitees.

3 8. Waiver of Claims for Potential Subsequent Users and Reimbursements. Applicants hereby on behalf of themselves and their respective successors and assigns, knowingly and voluntarily release and forever discharge, to the full extent permitted by law, the Town, of and from, any and all claims, actions, causes of action, demands, rights, damages, costs, expenses, including attorney’s fees, and compensation whatsoever, relating to any potential subsequent sewer users of the Old Ranch Lane Sanitary Sewer Main Extension line, including any claims to collect any future sewer future user fees and reimbursements. Applicants further agree not to sue, file a claim, or institute any other proceedings against the Town for any and all liability, claims, loss, damages, expenses and costs related to any claim that may be filed for the collection of subsequent sewer user reimbursements or fees.

9. Cost Reimbursement. Applicants assume full responsibility for all costs incurred by the Town in relation to the administration of this Agreement, including, but not limited to, charges for outside consultants such as the Town's consulting engineer and the City Attorney, among others. A Cost Reimbursement Agreement will be considered before acceptance of the Project.

10. Defaults. In the event a Party believes another Party has breached any provision of this Agreement, the non-defaulting Party shall give written notice to the defaulting Party specifying the grounds of the alleged breach. The defaulting Party shall have thirty (30) days to cure the alleged breach or begin cure if the breach cannot be cured within thirty (30) days and shall diligently continue to cure until complete. In the event a breach is not cured within the time provided or fails to diligently continue to cure, the defaulting party shall be deemed in default.

11. Amendment. This Agreement or any portion hereof may be amended or modified, except where otherwise provided in this Agreement, only by mutual consent of the Parties in writing.

12. Termination. This Agreement shall automatically terminate upon the Town accepting the dedication of the Old Ranch Lane Sanitary Sewer Main Extension. After termination, the Parties shall execute such additional documents as are reasonably required by a title company to remove this Agreement as an encumbrance.

13. Successors and Assigns. The covenants, obligations and agreements contained in this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors and assigns, successors-in-interest, as the case may be.

14. Notices. All written notices required to be given pursuant to the terms hereof shall be sent by (a) personal delivery, (b) a nationally recognized overnight courier service, or (c) United States first class mail, registered or certified return receipt requested and postage prepaid as expressly provided herein.

All notices shall be addressed as follows:

To Town: Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attn: City Manager

4 To Applicants: William Little and Kathleen Moran Trustees of the Lutz Family Trust 11540 Old Ranch Lane,
Los Altos Hills, CA 94022
The foregoing addresses may be changed by written notice. All notices shall be deemed received upon receipt or the date indicated on any return receipt or other receipt of delivery.

15. Entire Agreement. This Agreement contains the entire understanding of the parties and supersedes any and all other written or oral understandings.

16. No Beneficiaries. No third party, individual, organizations, persons or entity besides the Parties to this Agreement has any rights or remedies under this Agreement.

17. Incorporation. The recitals set forth above and exhibits attached hereto and referred to herein are incorporated into this Agreement.

18. Governing Law. This Agreement shall be enforced and interpreted under California’s laws and judicial decisions without giving effect to its conflicts of law provisions.

19. Headings. Section headings are for reference purposes only and do not affect this Agreement.

20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.

This Agreement may be delivered to all Parties by facsimile or other form of electronic transmission.

21. Severability. If any part of this Agreement is invalid or unenforceable, then the remainder of this Agreement shall remain valid and enforceable and in force and effect.

22. No Waiver. A waiver by any Party of a default by another Party is only effective against a Party that waives such default in writing and shall not be construed as a waiver of any other default.

23. Knowing and Voluntary Execution. Both parties to this Agreement have had the opportunity to be advised by and to have this Agreement reviewed by legal counsel of their choosing.

5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written by their duly authorized representatives.

APPLICANTS
By:

11540 Old Ranch Lane
William Little and Kathleen Moran Trustees of the Lutz Family Trust

TOWN OF LOS ALTOS HILLS
By:

Peter Pirnejad
City Manager
APPROVED AS TO FORM:

Steve Mattas
City Attorney
ATTEST:

Arika Birdsong-Miller
City Clerk

EXHIBIT “A”
-1-

EXHIBIT A
Old Ranch Lane Sanitary Sewer Main Extension Location
[see attached]

EXHIBIT “B”
-1-

EXHIBIT B

PLANS AND SPECIFICATIONS
[see attached]

NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

REQUIRED SEWER INSPECTIONS

THE TOWN OF LOS ALTOS HILLS REQUIRES LEA & BRAZE
ENGINEERING, INC. TO INSPECT ALL SEWER MAIN AND
LATERALS AS IT IS INSTALLED. IT IS THE CONTRACTOR'S

RESPONSIBILITY TO CONTACT LEA & BRAZE ENGINEERING,
INC. PRIOR TO START OF CONSTRUCTION TO SET UP A
PRE-CONSTRUCTION MEETING, AND TO CALL AT LEAST 48
HOURS IN ADVANCE OF ANY INSPECTIONS. PIPES ARE TO
REMAIN UNCOVERED UNTIL AN INSPECTION OCCURS.

POINT OF CONTACT:

JOHN HALBOM
LEA & BRAZE ENGINEERING, INC.
(408)5163430 [email protected]
NOTE

THE TOWN OF LOS ALTOS HILLS INSPECTOR TO

BE PRESENT DURING ANY WORK IN THE PUBLIC

RIGHT-OF-WAY
6/10/2024

“ ” ” “ ” ”

NOTE

THE TOWN OF LOS ALTOS HILLS INSPECTOR TO

BE PRESENT DURING ANY WORK IN THE PUBLIC

RIGHT-OF-WAY

DATUM ELEV
345.00

DATUM ELEV
345.00
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

DATUM ELEV
345.00

DATUM ELEV
345.00
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

DATUM ELEV

DATUM ELEV
345.00
NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]

EXHIBIT “C”
-1-

EXHIBIT C

IRREVOCABLE OFFER OF DEDICATION
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded, Mail to:

Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk

OFFER OF DEDICATION

TO THE TOWN OF LOS ALTOS HILLS
(Lands of ____________)
THIS DEDICATION is made this _____ day of _______________, 202_, by ________________________________________ (“Owners”), the owners of the property located at 11540 Old Ranch Lane in Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation (“Town”).

Section 1. Owners do hereby offer to dedicate to Town a sewer main extension located at _______________, situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit attached hereto (“Dedication”).

Section 2. The Town hereby accepts this Dedication.

IN WITNESS WHEREOF, the Owners have properly executed, and the Town has hereby accepted, this Dedication as follows:

-2-
OWNERS:

Date: _____________ ____________________________
William Little and Kathleen Moran Trustees of the
Lutz Family Trust
11540 Old Ranch Lane
TOWN OF LOS ALTOS HILLS:

Date: _____________ ______________________________
Stanley Q. Mok, Mayor
ATTEST:
_____________________________
Arika Birdsong-Miller, City Clerk

Item 7L Staff Report
TOWN OF LOS ALTOS HILLS June 20, 2024
Staff Report to the City Council
SUBJECT: INFORMATIONAL UPDATE ON THE EL MONTE FIRE STATION UTILITY UNDERGROUNDING (RULE 20A) PROJECT

CONSTRUCTION AND PROJECT MANAGEMENT AGREEMENTS
FROM: WooJae Kim, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council receive an informational update on the El Monte Fire Station Utility Undergrounding (Rule 20A) Project construction and project management agreements.

BACKGROUND
On April 15, 2024, the City Council approved the Plans and Specifications for the Rule 20A Project; authorized staff to advertise the project for a formal bid; and authorized the City Manager to award a construction contract to the lowest responsible bidder, not to exceed $4,200,000, including a contingency fund for potential change orders.

Additionally, the City Council approved the First Amendment to the consultant services agreement with Bellecci & Associates to include construction management services for the project.

Staff reported that the project budget includes approximately $100,000 for project management that would be reimbursed from PG&E through the 20A program and from other joint trench participating utility companies, which are AT&T and Comcast.

DISCUSSION:

Construction Agreement
On April 17, 2024, the Notice to Bidders was published on the Los Altos Town Crier and posted on the Town's website. Staff sent the Notice to Bidders to Builders Exchanges covering Alameda County, Santa Clara County, Contra Costa County, the Peninsula Area, and the San Francisco Bay Area. Staff also reached out to qualified contractors via telephone calls and emails to notify them of the project for bid.

On May 16, the Town received four bids ranging from $3,868,743 to $4,894,552, shown in the attached Bid Summary (Attachment 1), the lowest bid being from Phoenix Electric Company, Inc. The Engineer’s Estimate was $3,525,134 for the construction, and the lowest bid is approximately 10% higher than the estimate. Staff evaluated individual bid

Staff Report to City Council Page 2
El Monte Fire Station Utility Undergrounding (Rule 20A) Project – Informational Update June 20, 2024
items from all four contractors and concluded that the lowest bid from Phoenix Electric was reasonable to current market conditions. Furthermore, there were no protests from any parties contesting the bids within the bid protest period of ten days after the bid opening.

On May 30th, staff met with the Utility Underground Subcommittee, Council Member Tyson, to discuss the bids. Council Member Tyson and the City Manager heard the results of staff evaluation of the bids and agreed that the construction contract should be awarded to Phoenix Electric, the lowest responsive and responsible bidder.

On June 3, after the ten-day bid protest period, staff issued a construction contract to Phoenix Electric for execution, to be returned to the Town with necessary bonds and insurances as required per the contract.

Based on the $3,868,742.50 bid amount and the $4,200,000 not to exceed amount authorized by Council, the amount remaining for construction contingency is $331,257.50, or 8.6% of the bid amount. While slightly lower than 10% for contingency as planned, staff believes the contingency amount is sufficient to complete the construction at this time.

Project Management Agreement
On May 29, 2024, staff entered into a contract with S.R. Rose Engineering Inc. (SREI) for an amount not to exceed $50,000 to provide project management services for the Rule 20A project. The Public Works staff person responsible for management of the Rule 20A project is currently on medical leave. SREI’s scope of work will include overall project management on behalf of Town staff, management of the Town’s contract with Bellecci, and general oversight of the contractor.

Updated Form B
Form B is a Rule 20A program cost worksheet indicating the distribution of project expenses between participating utility companies. Form B is prepared by the lead joint trench agency and approved by all participating utility companies to reimburse the lead agency for upfront costs. For the El Monte Fire Station Utility Underground Project, the lead joint trench agency is the Town.

The initial Form B shared with the City Council on April 15 reflected the Engineer’s Estimate for construction. With bid numbers from Phoenix Electric, Form B has been updated with actual construction costs (Attachment 2).

PG&E allows the first Rule 20A reimbursement billing to be submitted with an award and execution of a construction contract. The first invoice to PG&E can be up to fifty percent of PG&E/Rule 20A cost distribution on Form B. The project team is preparing the first invoice to PG&E that should amount to approximately one million dollars, which would minimize cash flow impacts to the Town’s General Fund for fronting the costs. For AT&T and Comcast, the plan is to invoice them monthly for reimbursements.

Staff Report to City Council Page 3
El Monte Fire Station Utility Undergrounding (Rule 20A) Project – Informational Update June 20, 2024
Project Schedule Update
From initial discussions with Phoenix Electric, the availability of their crew to start construction on the project may not be until August. However, staff will continue to work with them on the schedule to start construction as early as July. Below is an updated project construction schedule:

UPDATED SCHEDULE
City Manager Award June 3, 2024
Review Contractor Submittals June-July 2024
Begin Construction July-August 2024
Complete Joint Trench Construction January 2024
PG&E, AT&T, and Comcast Undergrounding December 2025
ENVIRONMENTAL REVIEW:

This utility undergrounding project is Class 1 categorical exempt per Article 19 (Categorical Exemptions) section 15301(b) Existing Facilities of the California Environmental Quality ACT (CEQA) guidelines for private and public owned utilities used to provide electric power or other public utility services. 2024-25 CITY COUNCIL WORK PLAN:

This project is identified on the 2024 City Council Work Plan under “Protect and Maintain Infrastructure” for Undergrounding Utilities – El Monte Rule 20A to finalize design and construction.

FISCAL IMPACT:

Costs related to the construction and project management agreements noted above are reimbursable from the Rule 20A program and from AT&T and Comcast. As mentioned, staff will be submitting the first reimbursement invoice to PG&E for 50% of Rule 20A qualifying project cost once the construction contract is fully executed to minimize cash flow impacts on the General Fund.

ATTACHMENTS:

1. Bid Summary

2. Updated Form B

El Monte Fire Station Utility Undergrounding (Rule 20A) Project Bid Opening: May 16, 2024 at 2:00pm
Item
No.

Item Description
Estimated
Quanity Unit Item Price Total Item Price Total Item Price Total Item Price Total Item Price Total 1 Mobilization (5% Max) 1 LS $ 160,000 $ 160,000.00 $ 180,000.00 $ 180,000.00 $ 58,235.82 $ 58,235.82 $ 200,000.00 $ 200,000.00 $ 245,000.00 $ 245,000.00 2 Traffic Control System 1 LS $ 60,000 $ 60,000.00 $ 169,000.00 $ 169,000.00 $ 372,000.00 $ 372,000.00 $ 90,000.00 $ 90,000.00 $ 577,850.00 $ 577,850.00 3 Stormwater Pollution Prevention 1 LS $ 35,000 $ 35,000.00 $ 65,000.00 $ 65,000.00 $ 15,957.47 $ 15,957.47 $ 20,000.00 $ 20,000.00 $ 5,000.00 $ 5,000.00 4 Retaining Wall 1 LS $ 150,000 $ 150,000.00 $ 89,000.00 $ 89,000.00 $ 265,147.87 $ 265,147.87 $ 20,000.00 $ 20,000.00 $ 245,000.00 $ 245,000.00 5 Furnish & Install 6" PG&E Primary Conduit (Trenched) 3,042 LF $ 30 $ 91,260.00 $ 25.00 $ 76,050.00 $ 26.19 $ 79,669.98 $ 16.00 $ 48,672.00 $ 35.00 $ 106,470.00 6 Furnish & Install 4" PG&E Primary Conduit (Trenched) 2,867 LF $ 20 $ 57,340.00 $ 15.00 $ 43,005.00 $ 13.87 $ 39,765.29 $ 12.00 $ 34,404.00 $ 22.00 $ 63,074.00 7 Furnish & Install 3" PG&E Primary Conduit (Trenched) 782 LF $ 20 $ 15,640.00 $ 13.00 $ 10,166.00 $ 9.07 $ 7,092.74 $ 6.00 $ 4,692.00 $ 12.00 $ 9,384.00 8 Furnish & Install 5" PG&E Service Conduit (Trenched) 97 LF $ 30 $ 2,910.00 $ 17.00 $ 1,649.00 $ 14.14 $ 1,371.58 $ 12.00 $ 1,164.00 $ 40.00 $ 3,880.00 9 Furnish & Install 3" PG&E Service Conduit (Trenched) 629 LF $ 20 $ 12,580.00 $ 13.00 $ 8,177.00 $ 9.17 $ 5,767.93 $ 6.00 $ 3,774.00 $ 12.00 $ 7,548.00 10 Furnish 4" AT&T Conduit (Revocable) 8,735 LF $ 10 $ 87,350.00 $ 43,675.00 5.00 $ $ 6.90 $ 60,271.50 $ 4.00 $ 34,940.00 $ 16.00 $ 139,760.00 11 Furnish 2" AT&T Conduit (Revocable) 990 LF $ 10 $ 9,900.00 $ 3.50 $ 3,465.00 $ 4.95 $ 4,900.50 $ 1.00 $ 990.00 $ 10.00 $ 9,900.00 12 Furnish 4" AT&T Conduit (Trenched) 8,735 LF $ 10 $ 87,350.00 $ 122,290.00 14.00 $ $ 4.00 $ 34,940.00 $ 6.00 $ 52,410.00 $ 18.00 $ 157,230.00 13 Install 2" AT&T Conduit (Trenched) 990 LF $ 10 $ 9,900.00 $ 10.00 $ 9,900.00 $ 2.00 $ 1,980.00 $ 2.00 $ 1,980.00 $ 10.00 $ 9,900.00 14 Install 4" Comcast Conduit (Trenched) 3,113 LF $ 10 $ 31,130.00 $ 14.00 $ 43,582.00 $ 4.00 $ 12,452.00 $ 6.00 $ 18,678.00 $ 18.00 $ 56,034.00 15 Install 2" Comcast Conduit (Trenched) 3,859 LF $ 10 $ 38,590.00 $ 10.00 $ 38,590.00 $ 2.00 $ 7,718.00 $ 2.00 $ 7,718.00 $ 10.00 $ 38,590.00 16 Furnish & Install Utility Box (PG&E) #2 Secondary 17" x 30" x 18"D 10 EA $ 3,500 $ 35,000.00 $ 2,800.00 $ 28,000.00 $ 6,195.34 $ 61,953.40 $ 4,500.00 $ 45,000.00 $ 2,875.00 $ 28,750.00 17 Furnish & Install Utility Box (PG&E) #3 Secondary 24" x 36" x 26"D 1 EA $ 3,800 $ 3,800.00 $ 3,000.00 $ 3,000.00 $ 8,347.92 $ 8,347.92 $ 6,000.00 $ 6,000.00 $ 3,250.00 $ 3,250.00 18 Furnish & Install Utility Box (PG&E) #6 Primary 4' x 6 1/2' x 6'D 4 EA $ 21,000 $ 84,000.00 $ 26,500.00 $ 106,000.00 $ 23,207.70 $ 92,830.80 $ 10,500.00 $ 42,000.00 $ 38,750.00 $ 155,000.00 19 Furnish & Install Utility Box (PG&E) Traffic Fully-Rated #6 Primary 4' x 6 1/2' x 6'D 1 EA $ 25,000 $ 25,000.00 $ 32,000.00 $ 32,000.00 $ 29,519.20 $ 29,519.20 $ 12,500.00 $ 12,500.00 $ 39,750.00 $ 39,750.00 20 Furnish & Install Utility Box (PG&E) #7 Primary 4 1/2' x 8 1/2' x 6'D 6 EA $ 25,000 $ 150,000.00 $ 28,500.00 $ 171,000.00 $ 27,988.66 $ 167,931.96 $ 13,000.00 $ 78,000.00 $ 38,500.00 $ 231,000.00 21 Furnish & Install Utility Box (PG&E) Traffic Fully-Rated #7 Primary 4 1/2' x 8 1/2' x 6'D 2 EA $ 30,000 $ 60,000.00 $ 34,000.00 $ 68,000.00 $ 32,841.61 $ 65,683.22 $ 16,000.00 $ 32,000.00 $ 39,500.00 $ 79,000.00 22 Furnish Utility Box (AT&T) 3' x 5' x 4' (Revocable) 2 EA $ 3,500 $ 7,000.00 $ 7,700.00 $ 15,400.00 $ 6,206.00 $ 12,412.00 $ 4,500.00 $ 9,000.00 $ 18,500.00 $ 37,000.00 23 Furnish Utility Box (AT&T) 3' x 6.5' x 4' (Revocable) 5 EA $ 3,800 $ 19,000.00 $ 9,800.00 $ 49,000.00 $ 8,070.00 $ 40,350.00 $ 6,500.00 $ 32,500.00 $ 18,950.00 $ 94,750.00 24 Install Utility Box (AT&T) 3' x 5' x 4' 2 EA $ 2,000 $ 4,000.00 $ 5,500.00 $ 11,000.00 $ 8,361.88 $ 16,723.76 $ 1,000.00 $ 2,000.00 $ 13,500.00 $ 27,000.00 25 Install Utility Box (AT&T) 4' x 6.5' x 4' 5 EA $ 2,000 $ 10,000.00 $ 8,500.00 $ 42,500.00 $ 9,262.04 $ 46,310.20 $ 1,500.00 $ 7,500.00 $ 19,500.00 $ 97,500.00 26 Install Utility Box (Comcast) "B44" 6 EA $ 1,600 $ 9,600.00 $ 2,500.00 $ 15,000.00 $ 3,773.59 $ 22,641.54 $ 500.00 $ 3,000.00 $ 2,250.00 $ 13,500.00 27 Joint Trench 5,066 LF $ 200.00 $ 1,013,200.00 $ 1,423,546.00 281.00 $ $ 276.96 $ 1,403,079.36 $ 500.00 $ 2,533,000.00 $ 225.00 $ 1,139,850.00 28 Joint Trench AC Pavement Restoration 3,880 LF $ 180.00 $ 698,400.00 $ 333,680.00 86.00 $ $ 83.49 $ 323,941.20 $ 55.00 $ 213,400.00 $ 125.00 $ 485,000.00 29 Connect Conduit to Pole or Tie-in Location (PG&E) 8 EA $ 2,500 $ 20,000.00 $ 900.00 $ 7,200.00 $ 9,466.65 $ 75,733.20 $ 5,000.00 $ 40,000.00 $ 4,250.00 $ 34,000.00 30 Connect Conduit to Pole or Tie-in Location (AT&T) 3 EA $ 2,500 $ 7,500.00 $ 900.00 $ 2,700.00 $ 9,466.65 $ 28,399.95 $ 5,000.00 $ 15,000.00 $ 2,450.00 $ 7,350.00 31 Connect Conduit to Pole or Tie-in Location (Comcast) 4 EA $ 2,500 $ 10,000.00 $ 900.00 $ 3,600.00 $ 9,466.65 $ 37,866.60 $ 5,000.00 $ 20,000.00 $ 1,500.00 $ 6,000.00 32 Servie Conversion 5 EA $ 2,000 $ 10,000.00 $ 12,500.00 $ 62,500.00 $ 12,103.81 $ 60,519.05 $ 10,000.00 $ 50,000.00 $ 22,500.00 $ 112,500.00 33 Bore Pits 1 EA $ 36,000 $ 36,000.00 $ 11,000.00 $ 11,000.00 $ 24,637.00 $ 24,637.00 $ 45,000.00 $ 45,000.00 $ 18,500.00 $ 18,500.00 34 Receiveing Pits 1 EA $ 15,000 $ 15,000.00 $ 11,000.00 $ 11,000.00 $ 24,637.00 $ 24,637.00 $ 30,000.00 $ 30,000.00 $ 16,500.00 $ 16,500.00 35 Directional Boring for Service Under Adobe Creek (12264 Tepa Way) 1 EA $ 24,000 $ 24,000.00 $ 47,500.00 $ 47,500.00 $ 38,698.36 $ 38,698.36 $ 21,000.00 $ 21,000.00 $ 52,500.00 $ 52,500.00 36 Directional Boring for Service Under Adobe Creek (12254 Tepa Way) 1 LS $ 54,000 $ 54,000.00 $ 47,500.00 $ 47,500.00 $ 62,596.56 $ 62,596.56 $ 42,000.00 $ 42,000.00 $ 52,500.00 $ 52,500.00 37 Directional Boring for Joint Trench Under Culvert 1 LS $ 89,400 $ 89,400.00 $ 61,000.00 $ 61,000.00 $ 61,063.39 $ 61,063.39 $ 60,000.00 $ 60,000.00 $ 45,000.00 $ 45,000.00 38 Town Encroachment Permits 1 LS $ 170,027 $ 170,027.00 $ 170,027.00 $ 170,027.00 $ 170,027.00 $ 170,027.00 $ 170,027.00 $ 170,027.00 $ 170,027.00 $ 170,027.00 39 Compliance with CDFW Permit 1 LS $ 25,000 $ 25,000.00 $ 39,000.00 $ 39,000.00 $ 62,901.20 $ 62,901.20 $ 1,000.00 $ 1,000.00 $ 45,000.00 $ 45,000.00 40 Comcast Meter Box (Revocable) 1 EA $ 5,000 $ 5,000.00 $ 21,000.00 $ 21,000.00 $ 7,303.43 $ 7,303.43 $ 5,000.00 $ 5,000.00 $ 1,500.00 $ 1,500.00 41 Microsurfacing 86,185 SF $ 0.85 $ 73,257.25 $ 112,040.50 1.30 $ $ 1.76 $ 151,685.60 $ 0.88 $ 75,842.80 $ 1.65 $ 142,205.25 42 Signing and Striping 1 LS $ 18,000 $ 18,000.00 $ 71,000.00 $ 71,000.00 $ 33,677.79 $ 33,677.79 $ 38,175.00 $ 38,175.00 $ 85,000.00 $ 85,000.00 Total $ 3,525,134.25 Total $ 3,868,742.50 Total $ 4,098,741.37 Total $ 4,168,366.80 Total $ 4,894,552.25 Bid Summary
Engineer's Estimate Phoenix Electric Underground Electrical Co LLC Ranger Piplines Inc. Tennyson Electric Inc.

Item 7L Attachment 1

6" 4" 3" 5" 3" 4" 2" 4" 2" $ $ % $ % $ % $
D1 137 27 36 1 1 1 3 1 1 $281.00 $38,497 44% $17,013 33% $12,594 23% $8,890 D2 62 27 36 1 1 1 3 1 1 2 $281.00 $17,422 42% $7,279 35% $6,022 24% $4,121 D3 17 21 29 1 1 2 1 1 1 $281.00 $4,777 46% $2,196 30% $1,434 24% $1,147 D4 91 21 32 1 1 2 1 1 $281.00 $25,571 48% $12,243 27% $6,930 25% $6,397 E1 49 27 36 1 1 1 5 2 2 $281.00 $13,769 43% $5,940 38% $5,290 18% $2,539 E2 21 27 32 1 1 1 2 1 1 1 $281.00 $5,901 46% $2,712 30% $1,772 24% $1,417 H1 15 27 32 1 1 1 1 2 $281.00 $4,215 64% $2,691 0% $0 36% $1,524 H2 15 18 32 1 1 1 1 $281.00 $4,215 66% $2,768 0% $0 34% $1,447 K1 455 27 32 1 3 1 1 $281.00 $127,855 44% $56,504 33% $41,826 23% $29,525 K2 488 27 32 1 1 3 1 1 $281.00 $137,128 36% $49,893 37% $51,138 26% $36,097 K3 292 27 36 1 2 4 1 1 $281.00 $82,052 42% $34,749 37% $30,102 21% $17,201 K4 252 27 32 1 2 3 1 1 $281.00 $70,812 46% $32,241 32% $22,610 23% $15,960 K5 349 21 32 1 1 2 1 1 $281.00 $98,069 40% $39,114 31% $30,657 29% $28,299 K6 52 21 29 1 2 1 1 $281.00 $14,612 38% $5,553 32% $4,676 30% $4,384 K7 201 21 32 1 2 1 1 $281.00 $56,481 38% $21,463 32% $18,074 30% $16,944 K8 20 27 36 1 1 5 2 2 $281.00 $5,620 31% $1,740 47% $2,622 22% $1,259 K9 5 24 32 1 3 1 $281.00 $1,405 35% $492 38% $534 27% $379 FORM "B" Estimate - TOWN OF LOS ALTOS HILLS - SANTA CLARA COUNTY, CA (Revised May 23, 2024) JOINT TRENCHES - Various Trench Sections (including Trench)

COST ALLOCATION
Trench Section
A*, Joint
Trench Height
(in) per detail
on Sheet 3 PG&E
Per Foot Trench
Cost
Comcast
PGE-Primary
PGESecond
ary
PGE-Service

AT&T COMCAST
Total Trench Cost
AT&T
T C
Trench
Length (ft)
B*, Joint
Trench Width
(in) per detail
on Sheet 3

Supplement to Item 7L, ADDED 7/29/2024

K10 34 24 32 1 4 1 1 $281.00 $9,554 35% $3,330 40% $3,815 25% $2,409 K11 9 24 32 1 1 2 1 1 1 $281.00 $2,529 38% $962 34% $870 28% $696 K12 19 21 32 2 1 2 1 1 $281.00 $5,339 52% $2,762 25% $1,340 23% $1,237 K15 10 24 32 1 1 4 1 1 $281.00 $2,810 35% $979 40% $1,122 25% $709 L1 90 18 13 1 1 $281.00 $25,290 100% $25,290 0% $0 0% $0 N1 39 18 29 1 1 $281.00 $10,959 51% $5,589 49% $5,370 0% $0 N2 9 27 32 1 1 5 $281.00 $2,529 43% $1,097 57% $1,432 0% $0 O1 100 18 32 1 1 1 $281.00 $28,100 56% $15,736 0% $0 44% $12,364 P1 114 18 13 1 $281.00 $32,034 100% $32,034 0% $0 0% $0 P2 224 18 15 1 $281.00 $62,944 100% $62,944 0% $0 0% $0 P3 125 21 15 1 1 $281.00 $35,125 100% $35,125 0% $0 0% $0 P4 55 27 15 1 2 $281.00 $15,455 100% $15,455 0% $0 0% $0 P5 10 21 23 2 1 $281.00 $2,810 100% $2,810 0% $0 0% $0
T1 25 27 28 1 3 1 1 $281.00 $7,025 30% $2,108 41% $2,880 29% $2,037 U1 7 18 12 2 1 $281.00 $1,967 100% $1,967 0% $0 0% $0
U2 15 18 12 1 1 $281.00 $4,215 100% $4,215 0% $0 0% $0
X1 108 18 12 1 $281.00 $30,348 100% $30,348 0% $0 0% $0 Y1 7 18 12 3 1 1 $281.00 $1,967 50% $988 25% $489 25% $489 Y2 503 18 12 1 1 1 $281.00 $141,343 34% $48,057 33% $46,643 33% $46,643 Z1 193 18 26 1 1 $281.00 $54,233 51% $27,659 49% $26,574 0% $0 AB1 62 18 12 1 $281.00 $17,422 100% $17,422 0% $0 0% $0 AB2 48 18 14 1 $281.00 $13,488 100% $13,488 0% $0 0% $0 AC1 80 18 11 1 1 $281.00 $22,480 0% $0 50% $11,240 50% $11,240

AC3 139 27 13 3 1 1 $281.00 $39,059 0% $0 59% $22,897 41% $16,162 AC4 22 21 13 2 1 1 $281.00 $6,182 0% $0 52% $3,215 48% $2,967 AC5 21 27 13 4 1 1 $281.00 $5,901 0% $0 59% $3,459 41% $2,442 AC6 19 27 13 2 1 1 1 $281.00 $5,339 0% $0 56% $2,966 44% $2,373 AD1 65 18 13 3 $281.00 $18,265 0% $0 100% $18,265 0% $0 AD2 20 21 13 3 1 $281.00 $5,620 0% $0 100% $5,620 0% $0 AD3 27 18 11 1 $281.00 $7,587 0% $0 100% $7,587 0% $0
AD4 16 24 13 4 $281.00 $4,496 0% $0 100% $4,496 0% $0
AD5 4 18 13 1 $281.00 $1,124 0% $0 100% $1,124 0% $0
AD6 69 18 13 2 $281.00 $19,389 0% $0 100% $19,389 0% $0 AD7 8 18 22 8 $281.00 $2,248 0% $0 100% $2,248 0% $0
AD8 32 18 22 2 1 $281.00 $8,992 0% $0 100% $8,992 0% $0 AE1 16 18 13 2 2 $281.00 $4,496 0% $0 0% $0 100% $4,496 AE2 82 18 13 1 1 $281.00 $23,042 0% $0 0% $0 100% $23,042 AE3 63 18 11 1 $281.00 $17,703 0% $0 0% $0 100% $17,703 AE4 11 18 13 1 $281.00 $3,091 0% $0 0% $0 100% $3,091
AE5 16 18 11 2 $281.00 $4,496 0% $0 0% $0 100% $4,496
Allowance 29 18 11 $281.00 $8,149 33% $2,716 33% $2,716 33% $2,716 Subtotal 5,066 $1,423,546 $647,671 $441,031 $334,842

6" 4" 3" 5" 3" 4" 2" 4" 2" $ $ % $ % $ % $
D1 125 27 30.62 1 1 1 3 1 1 $86.00 $10,750 33% $3,583 33% $3,583 33% $3,583 D2 62 27 15.19 1 1 1 3 1 1 2 $86.00 $5,332 33% $1,777 33% $1,777 33% $1,777 D3 17 21 3.67 1 1 2 1 1 1 $86.00 $1,462 33% $487 33% $487 33% $487 D4 91 21 19.67 1 1 2 1 1 $86.00 $7,826 33% $2,609 33% $2,609 33% $2,609 E1 49 27 12.00 1 1 1 5 2 2 $86.00 $4,214 33% $1,405 33% $1,405 33% $1,405 E2 21 27 5.14 1 1 1 2 1 1 $86.00 $1,806 33% $602 33% $602 33% $602 H1 15 27 3.67 1 1 1 1 2 $86.00 $1,290 50% $645 0% $0 50% $645 H2 15 18 3.03 1 1 1 1 $86.00 $1,290 50% $645 0% $0 50% $645 K1 287 27 70.31 1 3 1 1 $86.00 $24,682 33% $8,227 33% $8,227 33% $8,227 K2 488 27 119.55 1 1 3 1 1 $86.00 $41,968 33% $13,989 33% $13,989 33% $13,989 K3 292 27 71.53 1 2 4 1 1 $86.00 $25,112 33% $8,371 33% $8,371 33% $8,371 K4 252 27 61.73 1 2 3 1 1 $86.00 $21,672 33% $7,224 33% $7,224 33% $7,224 K5 349 21 75.44 1 1 2 1 1 $86.00 $30,014 33% $10,005 33% $10,005 33% $10,005 K6 52 21 11.24 1 2 1 1 $86.00 $4,472 33% $1,491 33% $1,491 33% $1,491 K7 220 21 47.55 1 2 1 1 $86.00 $18,920 33% $6,307 33% $6,307 33% $6,307 K8 9 27 2.20 1 1 5 2 2 $86.00 $774 33% $258 33% $258 33% $258 K9 0 24 0.00 1 3 1 $86.00 $0 33% $0 33% $0 33% $0
K10 10 24 2.31 1 4 1 1 $86.00 $860 33% $287 33% $287 33% $287

T C PG&E AT&T COMCAST
Trench Section Trench
Length (ft)
B*, Joint
Trench Width
(in) per detail
on Sheet 3
Asphalt
Volume (tons)
PGE-Primary
PGESecond
ary
PGE-Service
AT&T Comcast

JOINT TRENCH SURFACE RESTORATION
Cost per LF Total Trench Cost

COST ALLOCATION

K11 9 24 2.08 1 1 2 1 1 1 $86.00 $774 33% $258 33% $258 33% $258 K12 19 21 4.11 2 1 2 1 1 $86.00 $1,634 33% $545 33% $545 33% $545 K15 10 24 2.31 1 1 4 1 1 $86.00 $860 33% $287 33% $287 33% $287 L1 21 18 4.24 1 1 $86.00 $1,806 100% $1,806 0% $0 0% $0 N1 39 18 7.87 1 1 $86.00 $3,354 50% $1,677 50% $1,677 0% $0 N2 9 27 2.20 1 1 5 $86.00 $774 50% $387 50% $387 0% $0
O1 91 18 18.36 1 1 1 $86.00 $7,826 50% $3,913 0% $0 50% $3,913 P1 53 18 10.69 1 $86.00 $4,558 100% $4,558 0% $0 0% $0
P2 170 18 34.30 1 $86.00 $14,620 100% $14,620 0% $0 0% $0 P3 69 21 14.91 1 1 $86.00 $5,934 100% $5,934 0% $0 0% $0 P4 46 27 11.27 1 2 $86.00 $3,956 100% $3,956 0% $0 0% $0 P5 1 21 0.22 2 1 $86.00 $86 100% $86 0% $0 0% $0
T1 25 27 6.12 1 3 1 1 $86.00 $2,150 33% $717 33% $717 33% $717 U1 5 18 1.01 2 1 $86.00 $430 100% $430 0% $0 0% $0
U2 6 18 1.21 1 1 $86.00 $516 100% $516 0% $0 0% $0
X1 65 18 13.11 1 $86.00 $5,590 100% $5,590 0% $0 0% $0
Y1 0 18 0.00 3 1 1 $86.00 $0 33% $0 33% $0 33% $0
Y2 187 18 37.73 1 1 1 $86.00 $16,082 33% $5,361 33% $5,361 33% $5,361 Z1 193 18 38.94 1 1 $86.00 $16,598 50% $8,299 50% $8,299 0% $0 AB1 23 18 4.64 1 $86.00 $1,978 100% $1,978 0% $0 0% $0
AB2 17 18 3.43 1 $86.00 $1,462 100% $1,462 0% $0 0% $0
AC1 20 18 4.03 1 1 $86.00 $1,720 0% $0 50% $860 50% $860 AC3 139 27 34.05 3 1 1 $86.00 $11,954 0% $0 50% $5,977 50% $5,977

AC4 22 21 4.76 2 1 1 $86.00 $1,892 0% $0 50% $946 50% $946 AC5 21 27 5.14 4 1 1 $86.00 $1,806 0% $0 50% $903 50% $903 AC6 19 27 4.65 2 1 1 1 $86.00 $1,634 0% $0 50% $817 50% $817 AD1 19 18 3.83 3 $86.00 $1,634 0% $0 100% $1,634 0% $0
AD2 0 21 0.00 3 1 $86.00 $0 0% $0 100% $0 0% $0
AD3 0 18 0.00 1 $86.00 $0 0% $0 100% $0 0% $0
AD4 0 24 0.00 4 $86.00 $0 0% $0 100% $0 0% $0
AD5 0 18 0.00 1 $86.00 $0 0% $0 100% $0 0% $0
AD6 23 18 4.64 2 $86.00 $1,978 0% $0 100% $1,978 0% $0
AD7 6 18 1.21 8 $86.00 $516 0% $0 100% $516 0% $0
AD8 14 18 2.82 2 1 $86.00 $1,204 0% $0 100% $1,204 0% $0 AE1 0 18 0.00 2 2 $86.00 $0 0% $0 0% $0 100% $0
AE2 42 18 8.47 1 1 $86.00 $3,612 0% $0 0% $0 100% $3,612 AE3 27 18 5.45 1 $86.00 $2,322 0% $0 0% $0 100% $2,322
AE4 11 18 2.22 1 $86.00 $946 0% $0 0% $0 100% $946
AE5 4 18 0.81 2 $86.00 $344 0% $0 0% $0 100% $344
Allowance 101 18 20.38 $86.00 $8,686 33% $2,895 33% $2,895 33% $2,895 Subtotal 3,880 $333,680 $133,185 $101,881 $98,613

Item Quantity (LF) Unit Cost Total
PG&E - 6" 3,042 $25 $76,050
PG&E - 4" 2,867 $15 $43,005
PG&E - 3" 782 $13 $10,166
PG&E - 5" 97 $17 $1,649
PG&E - 3" 629 $13 $8,177
AT&T - 4" 8,735 $5 $43,675
AT&T - 2" 990 $3.5 $3,465
AT&T - 4" 8,735 $14 $122,290
AT&T - 2" 990 $10 $9,900
COMCAST - 4" 3,113 $14 $43,582
COMCAST - 2" 3,859 $10 $38,590
33,839 $400,549
Utility Quantity (EA) Unit Cost Total
PG&E 10 $2,800 $28,000
PG&E 1 $3,000 $3,000
PG&E 4 $26,500 $106,000
PG&E 1 $32,000 $32,000
PG&E 6 $28,500 $171,000
PG&E 2 $34,000 $68,000
AT&T 2 $7,700 $15,400
AT&T 5 $9,800 $49,000
AT&T 2 $5,500 $11,000
AT&T 5 $8,500 $42,500
INSTALL CONDUIT $122,290
INSTALL CONDUIT $9,900
Install 3' x 5' x 4' Box $11,000
Subtotal

PG&E AT&T
#2 Secondary 17" x 30" x 18"D
#7 Primary 4½' x 8½' x 6'D
$106,000

CONDUIT

COMCAST
$82,172
#6 Primary 4' x 6½' x 6'D
$3,000
$171,000
$49,000
Furnish 3' x 5' x 4' Box $15,400
Furnish 4' x 6.5' x 4' Box
Install 4' x 6.5' x 4' Box $42,500
$139,047 $179,330
Vault Type
#3 Secondary 24" x 36" x 26"D
INSTALL CONDUIT FURNISHED BY COMCAST $38,590
FURNISH AND INSTALL CONDUIT (SECONDARY) $10,166
FURNISH AND INSTALL CONDUIT (SERVICE) $8,177

FURNISH CONDUIT
$1,649
FURNISH AND INSTALL CONDUIT (PRIMARY) $43,005

PG&E AT&T
FURNISH AND INSTALL CONDUIT (PRIMARY) $76,050

COMCAST
Description

FURNISH AND INSTALL CONDUIT (SERVICE)
VAULTS
$28,000
Full Traffic-Rated #7 Primary 4½' x 8½' x 6'D $68,000
INSTALL CONDUIT FURNISHED BY COMCAST $43,582
$43,675
FURNISH CONDUIT $3,465
Full Traffic-Rated #6 Primary 4' x 6½' x 6'D $32,000

Comcast 6 $2,500 $15,000
PG&E 8 $900 $7,200
AT&T 3 $900 $2,700
Comcast 4 $900 $3,600
$554,400 $415,200 $120,600
$2,700
Connect PG&E Conduit to Pole / Tie-in location
Connect Comcast Conduit to Pole / Tie-in location
Connect AT&T Conduit to Pole / Tie-in location
Subtotal $18,600
"B44" Install Vault furnished by Comcast $15,000
$3,600
$7,200

Quantity (LS) Unit Cost Total
1 $47,500 47,500
1 $47,500 47,500
1 $61,000 61,000
156,000
Quantity (LS) Unit Cost Total
1 $11,000 11,000
1 $11,000 11,000
22,000
Quantity (LS) Unit Cost Total
1 $180,000 180,000
1 $169,000 169,000
1 $170,027 170,027
1 $39,000 39,000
1 $65,000 65,000
86,185 $1.3 112,040.5
1 $71,000 71,000
1 $89,000 89,000
5 $12,500 62,500
1 $21,000 21,000
978,568
$15,833
$15,833 $15,833 $15,833
$20,333 $20,333 $20,333
Subtotal $52,000 $52,000
Directional Boring for Service Under Adobe Creek (12264 Tepa Way) Directional Boring for Service Under Adobe Creek (12254 Tepa Way) Directional Boring for Joint Trench Under Culvert
Item Description PG&E AT&T COMCAST

DIRECTIONAL BORING
Bore Pit $3,667 $3,667 $3,667

PIT EXCAVATIONS
$56,676 $56,676
Compliance with California Department of Fish and Wildlife (CDFW) Permit Requirements $13,000 $13,000 $13,000 $0 $0 $21,000
Construction Total $3,868,742.5
$340,189
Retaining Wall $29,667 $29,667 $29,667
Service Conversion (5 ea) $20,833 $20,833 $20,833
Storm Water Pollution Prevention and Implementation $21,667 $21,667 $21,667 Microsurfacing
Signing and Striping

COMCAST
Receiving Pit

MISCELLANEOUS
Item Description
Traffic Control System
Mobilization (5% Max) $60,000 $60,000 $60,000
Subtotal $7,333 $7,333 $7,333
Town Encroachment Permits $56,676
Item Description PG&E AT&T
$15,833 $15,833
$3,667 $3,667 $3,667
$52,000
$37,347 $37,347
$23,667 $23,667 $23,667
Subtotal

FORM B CONSTRUCTION TOTAL
$319,189
$37,347
Comcast Meter

PG&E AT&T COMCAST
$319,189
$56,333 $56,333 $56,333

Quantity (LS) Unit Cost Total
1 $252,462 $252,462
1 $99,999 $99,999
1 $471,531 $471,531
1 $430,866 $430,866
$ 1,254,858
PG&E: DATE
AT&T: DATE
COMCAST: DATE
TOWN OF LOS ALTOS HILLS: DATE

COST BREAKDOWN
$418,286 $418,286
Item Description

SOFT COST

PG&E AT&T
Construction Contingency
Subtotal
$143,622 $143,622
Construction Management $157,177 $157,177 $157,177
Project Management $33,333 $33,333 $33,333

COMCAST
$84,154
FORM APPROVAL:

FORM B - TOTAL COST
JT Form B Total $5,123,600.5
$418,286
$84,154 $84,154
$143,622
* Wiring cost by utility companies is not included in this estimate.

COMCAST
$2,131,913.5 $1,639,651

PG&E AT&T
$1,352,036
Design Fee

ITEM 8A
TOWN OF LOS ALTOS HILLS June 20, 2024
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE PROPOSED CONCEPT PLAN FOR THE

HERITAGE HOUSE UPGRADE PROJECT AND AUTHORIZING THE CITY

MANAGER TO EXECUTE CDBG FUNDING AGREEMENT WITH THE

COUNTY OF SANTA CLARA
FROM: WooJae Kim, Public Works Director/City Engineer
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council adopt a resolution (Attachment 1):

1. Approving the proposed concept plan for the Heritage House Upgrade Project; and

2. Authorizing the City Manager to execute a Community Development Block Grant (CDBG) funding agreement with the County of Santa Clara for $400,000.

BACKGROUND:

The Heritage House, built in 1908, was originally located in Los Altos downtown and was the home of William Eschenbruecher, the first postmaster of Los Altos who also owned a local hardware store. This wood bungalow home was moved to the current location next to the Town Hall in 1986 to save it from being demolished as part of a new development. The building was renamed the Heritage House by the Town and has been utilized and occupied by the County Sheriff’s Office, Town staff, HAM Radio operators, and by the History Committee.

The Heritage House Upgrade project was first approved in the FY2022-23 Five Year Capital Improvement Plan to improve the 1,100 square-foot space for multi-purpose use for community events, meeting space, and committee operations.

In 2023, the Town worked with an independent architect to prepare a preliminary conceptual layout (Attachment 2) to better define the scope of the project with input from the History Committee and Emergency Preparedness and Response Committee (EPRC) that includes HAM Radio operators. With the preliminary conceptual layout and scope of services, the Town issued a request for proposal (RFP) in September 2023 to hire a qualified professional architect for the final design and construction documents. On December 14, 2023, the City Council awarded a consultant services agreement to The KPA Group for an amount not to exceed $100,000.

In April 2024, the Town applied for the Urban County Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) through the County of Santa Clara Housing and Community Development. In May 2024, the County of Santa Clara Board of Supervisors approved and reserved $400,000 of CDBG funds for the Heritage House Upgrade project.

DISCUSSION:

ITEM 1
The KPA Group analyzed the preliminary conceptual layout based on the project needs, ADA accessibility improvements, building code requirements, and conservation of historic elements of the Heritage House. The KPA Group and staff went through numerous iterations of the conceptual layout and revisions after meetings with the History Committee, EPRC, and the Environmental Design and Protection Committee. The Proposed Concept Plan (Attachment 3) was discussed and approved by the History Committee and EPRC. Minutes from the committee meetings are included as Attachment 4.

Proposed Concept Plan
As one walks through the front door of the Heritage House located on the south side facing Town Hall, the vestibule will be conserved as an architectural focal point of the house. The east side of the entrance is proposed to be the Front Room to display historical items in glass cabinets.

Attempts will be made to save the original wallpaper and the wooden pocket doors in this space.

The wooden pocket doors are also an architectural feature in the J Gilbert Smith History Museum in Los Altos and a commendation to the early 1900s architecture of the Los Altos area.

A larger Conference/Work Room space is proposed in the central area for public and staff meetings/events and will fit a conference room table for 12 people. Historic elements like the wooden bench in the proposed Conference/Work Room space will be conserved. The plan is to equip the space for teleconference and hybrid meetings for multipurpose use.

With input from committees, a smaller but updated kitchen is proposed on the north side of the building with a new refrigerator, sink, and microwave. In the kitchen space, there is an existing conduit closet for HAM Radio operations which needs to be kept in place. An ADA accessible restroom is proposed on the northwest corner. For the kitchen and restroom area, there is a door that leads to the conference room. This door can be closed off to keep the restroom and kitchen only available for outdoor events or activities near the Heritage House.

On the west side of the building is an office with built-in workstations for the HAM Radio operations. When the HAM Radio office is not being used, the equipment can be locked up in the workstations, and the room can be used as a more private meeting space.

With limited space in the Heritage House, storage was critical to the committees. A storage closet is proposed for HAM Radio equipment and supplies. A History Storage Room is proposed for the History Committee to keep historical information, maps, and other materials. A data rack for information technology (IT) equipment will be incorporated into this storage room.

The Heritage House will be upgraded to be ADA accessible, including doorways, hallways, bathroom, and ingress/egress ramp. The utility upgrades will include electrical systems, fire sprinklers as needed, plumbing, IT/wireless network, electric on-demand water heater, and replacement of the gas furnace to a heat pump. External improvements will be limited to necessary

improvements to the ADA path of travel, fixing a broken window, and a new coat of paint, if feasible within the project budget.

ADA Path Alternative
The current external path to the existing wheelchair ramp for Heritage House is located on the east side of the building facing Fremont Road. A proposal from The KPA Group is to keep the location of the path there but replace it with a new concrete walking per Figure 1 below.

Figure 1: ADA Improvements East Side
The project team has received feedback from the Environmental Design and Protection Committee (EDPC) about putting the new accessible path on the west side of the building, which may be more ideal for future events and for potential native garden in the future. The KPA Group has prepared an alternative concept design for the west side path (Figure 2), which would cost approximate $37,000 more than the original concept design due to additional concrete work needed. The project team will further evaluate the two options to see if the west side path would be a feasible option for the project.

Figure 2: ADA Improvement Option 2
Project Budget
Initially, staff reported a rough order of magnitude cost estimate of $786,000 for the design, construction, and management/delivery of the Heritage House Upgrade project. With further development of the concept design and as estimated by The KPA Group, the current estimate for the project is approximately $1,027,000 for the option to keep the accessibility path on the east side of the building.

The original budget for the Heritage House Upgrade project was $400,000. The County has reserved $400,000 of Urban County CDBG funds for the project for which a funding agreement needs to be executed. Staff has also proposed adding $200,000 to the project budget through the Operating and Capital Budgets for FY2024-25 and FY2025-26 to be approved by Council. Below is a project budget and cost summary table reflecting additional budget that may still be needed:

Cost Items Budget Cost
Original Budget $400,000
Urban County CDBG Funds $400,000
Additional Budget for FY2024-25 $200,000
Preliminary Conceptual Design $26,000
Final Design $100,000
Construction (path on east side option) $725,000
Construction Contingency $73,000
Construction Management/Administration $73,000
Fixtures, Furnishing, and Equipment $30,000
Total $1,000,000 $1,027,000

Additional Budget Needed $27,000
ITEM 2
CDBG Funds
According to discussions with the County HCD, the Heritage House Upgrade project is eligible for CDBG funds through a program category referred to as the Low Moderate Limited Clientele (LMC) plus Income and Racial Data. Under this category, the Heritage House project must benefit a clientele that is generally presumed to be elderly persons or severely disabled adults. According to the County, removal of architectural barriers for mobility (accessibility improvements) in and around the Heritage House for elderly persons or the severely disabled would qualify the project, if CDBG funds are restricted to the removal of such barriers. The Town would also need to increase programming for elderly persons and severely disabled adults at the Heritage House upon completion of the project.

With this LMC category qualification, the Town would be responsible for providing income and racial data for general clients or users of the Heritage House for a set period of time. The Town must collect and provide income and racial data for people using the facility upon completion of improvements. Staff plans to work with the City Attorney’s Office on a survey form to collet this data.

CDBG program has strict federal requirements for activities to comply with the Davis-Bacon Act for prevailing wage and other labor requirements required for HUD-assisted projects. Staff will plan on incorporating the necessary required provisions in the construction contracts for the project.

The Town would need to enter into a funding agreement with the County before any CDBG funding reimbursements can occur. Activities that occurred prior to the execution of the funding agreement are ineligible for reimbursement through CDBG. Below is the schedule of performance provided by the County, which the Town would need to follow:

Milestone Estimated Data of Completion
County Environmental Review June 2024
Execution of CDBG funding agreement August 2024
Construction Start Fall 2024
Construction Completion March 2025
Final Invoice submitted to County April 2025
Performance Report Due June 2025
10% Retention Release by the County July 2025
To meet the timeline for the CDBG grant, staff is requesting that the City Council authorize the City Manager to execute the CDBG funding agreement for $400,000 with the County, subject to approval as to form by the City Attorney. A draft agreement is included as Attachment 5 for reference but is still subject to changes by the City Attorney’s Office.

ENVIRONMENTAL REVIEW:

The project must undergo a National Environmental Quality Act (NEPA) review to use federal grant money. The County of Santa Clara would serve as the lead agency for the review. The review would encompass all Heritage House improvements. 2024-25 CITY COUNCIL WORK PLAN:

This action supports the 2024 City Council Work Plan to complete Heritage House remodel design by the third quarter of 2024 under the priority area of “Protect and Maintain Infrastructure.” FISCAL IMPACT:

With CDBG funds anticipated for the project, there may still be a need for additional budget for the project per the budget and cost summary table provided. The project team will continue to investigate ways and options to keep the project within the current budget. Staff would return to Council with a more defined cost estimate before fall 2024.

ATTACHMENTS

1. Resolution

2. Preliminary Conceptual Layout

3. Proposed Concept Plan

4. History and ERPC Committee Meeting Minutes

5. Draff CDBG Funding Agreement

RESOLUTION NO. _______

RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS

APPROVING THE PROPOSED CONCEPT PLAN FOR THE HERITAGE HOUSE

UPGRADE PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE

CDBG FUNDING AGREEMENT WITH THE COUNTY OF SANTA CLARA
WHEREAS, the Heritage House Upgrade project was first approved in the FY2022-23 Five Year Capital Improvement Plan to improve the 1,100 square-foot space for multi-purpose use for community events, meeting space, and committee operations; and WHEREAS, on December 14, 2023, the City Council awarded a consultant services agreement to The KPA Group for the final design services for an amount not to exceed $100,000; and
WHEREAS, the Proposed Concept Plan in the staff report was prepared, with collaboration and approval from the History Committee and Emergency Response and Preparedness Committee, to meet project needs for City Council’s consideration; and WHEREAS, the total project cost estimate with the proposed concept design, including design and management costs, is approximately $1,027,000; and WHEREAS, in May 2024, the County of Santa Clara Board of Supervisors has approved and reserved $400,000 of the Urban County Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development for the Heritage House Upgrade project; and
WHEREAS, a CDBG funding agreement must be executed with the County before any CDBG funds can be reimbursed by the County, and only expense incurred after the date of execution are eligible for reimbursement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the Town of Los Altos Hills does hereby:

1. Approve the Proposed Concept Plan for the Heritage House Upgrade project; and

2. Authorize the City Manager to execute a CDBG funding agreement with the County of Santa Clara for the Heritage House Upgrade project for $400,000.

The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of June 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

BY: _______________________________
Stanley Q. Mok, Mayor
ATTEST:
______________________________
Arika Birdsong-Miller, City Clerk

KITCHEN

15.41 x 7.17
H. CLOSET

2.00 x 10.47

CONFERENCE ROOM

6.77 x 11.55

CONFERENCE ROOM

16.71 x 16.21

HISTORY ROOM

13.00 x 10.47 7'-0" R. CL 2.00 x 8.00 3'-0"

RADIO ROOM
185 SF 2'-8"

HALL / PANTRY

5.40 x 6.33
3'-0" 3'-0" 3'-0" 3'-0"
10'-0"

ADA BATH

9.45 x 6.33
(N) 2x6 WALLS FOR PLUMBING /

POCKET DOORS, TYP
(N) BUILT-IN BENCH

W/ HINGED LID
(N) RAMP AS REQ'D
(N) BUILT-IN
DISPLAY CASE 12'-11
58 " 4'-0" 4'-0" 4'-11
58 "
(N) HEAT PUMP
(N) STAINED WD

TRIM, CASING TO

MATCH (E), TYP
(N) CRAWL SPACE ACCESS
HATCH18x24 MIN
(N) CONC PATH 2'-0"
18"
10" 23'-5
78 " MATCH (E)
27'-3"
(E) 31.5" W DOOR TO REMAIN.
28" MIN CLR REQ'D PER CFC 1104.7
(MEANS OF EGRESS FOR EXISTING

BUILDINGS)
(E) CONDUIT CLOSET TO REMAIN
(E) SILL @ 26" AFF
(E) SILL @ 48" AFF30" 26" 6'-0"
6'-0" 8'-4" 8'-4
3 4
" 16'-8
3 4
" 2'-47
8 " 10'-25
8 "
12'-71
2 " 5'-2" 2'-0"7'-2" 15'-4
78 "
10'-55
8 " 13'-0" 5'-4
3 4
"
6'-4"
3'-0" 3'-0"
(N) WAINSCOT

TO MATCH (E)
4'-75
8 " 11'-65
8 "
ALIGN (N) 2x6 WALL TO
(E) EAST SIDE
ALIGN (N) 2x4 WALL

TO (E) SOUTH SIDE
16'-21
4 " MATCH (E)
(E) 6'-9
1 4
" 3'-8" CLR
5'-63
4 " CLR
RETRACTABLE DESKS @

RADIO WORK STATIONS,
TYP.
(N) ATTIC ACCESS HATCH
22x30 MIN 26"
3'-75
8 " 3'-0" 9'-5
38 "
8" PANTRY

SHELVING
12" PANTRY

SHELVING
36" FRIDGE
30" SINK
30" RANGE,

EXHAUST THRU
WALL 3'-0" CLR

BATHRM DOORS

TO HAVE PRIVACY
LATCHES, TYP.

MINIMUM CLEARANCE
REQUIREMENTS, TYP.
(E) FRONT PORCH

TO REMAIN

UNCHANGED
(E) EXTERIOR TO
REMAIN

UNCHANGED,
U.N.O.
28'-3" 40'-0"
(E) TRIM / CASING /

SILL TO REMAIN

UNCHANGED
U.N.O., TYP.
(E) EXTERIOR

FRONT DOOR TO
REMAIN

UNCHANGED
PORCH
MTG.

CONF.

KIT.

OFFICE 1
OFFICE 2
CL.

BATH HALL

14.5' x 5'
12' x 5'
16' x 10'

10.5' x 11.5'

10.5' x 11.5'

6.67' x 11.67'

11.5' x 13'
16' x 10' 4'-11
78 " 3'-0"
8'-6"
3'-6" 3'-6" 4'-8" 3'-0" 4'-0
1 2
" 3'-6" 23'-5
78 "
27'-3"
10'-67
8 1'-7 " 1
8 " 6'-9
1 4
" 16'-21
2 "
(E) CONDUIT CLOSET

TO REMAIN
PROJECT:

DATE:

FULL SCALE PRINTED ON 11X17 PAPER
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022 1

PROPOSED
1/8" = 1'-0"

EXISTING & PROPOSED
0 4' 8' 12' 16' 20' 24' FLOOR PLANS

HERITAGE HOUSE N
5/31/23
2 EXISTING
1/8" = 1'-0"
2

PROJECT:

DATE:

FULL SCALE PRINTED ON 11X17 PAPER
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022

COVER SHEET

HERITAGE HOUSE
3/29/23 0

HERITAGE HOUSE RENOVATION
26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022
FIRE PROTECTION (CFC):
903.1 AUTOMATIC SPRINKLER SYSTEMS SHALL COMPLY WITH THIS SECTION.
903.1. ALTERNATIVE AUTOMATIC FIRE EXTINGUISHING SYSTEMS COMPLYING WITH SECTION 904 SHALL BE PERMITTED INSTEAD OF

AUTOMATIC SPRINKLER SYSTEM PROTECTION WHERE RECOGNIZED BY

THE APPLICABLE STANDARD AND APPROVED BY THE FIRE CODE
OFFICIAL.
907.9 WHERE REQUIRED IN EXISTING BUILDINGS AND STRUCTURES: AN

APPROVED FIRE ALARM SYSTEM SHALL BE PROVIDED IN EXISTING BUILDINGS AND STRUCTURES WHERE REQUIRED IN CHAPTER 11.

CHAPTER 11: CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 1103.1: EXISTING BUILDINGS SHALL COMPLY WITH NOT LESS THAN THE MINIMUM PROVISIONS SPECIFIED IN TABLE 1103.1 [...].

TABLE 1103.1 OCCUPANCY AND USE REQUIREMENTS SEE OCCUPANCY B. 1103.1.1 HISTORIC BUILDINGS. FACILITIES DESIGNATED AS HISTORIC

BUILDINGS SHALL DEVELOP A FIRE PROTECTION PLAN IN ACCORDANCE WITH NFPA 914. [...]
CHBC:
8-302.2 CHANGE IN OCCUPANCY. THE USE OR CHARACTER OF THE

OCCUPANCY OF A QUALIFIED HISTORICAL BUILDING OR PROPERTY MAY

BE CHANGED FROM OR RETURNED TO ITS HISTORICAL USE OR

CHARACTER, PROVIDED THE QUALIFIED HISTORICAL BUILDING OR

PROPERTY CONFORMS TO THE REQUIREMENTS APPLICABLE TO THE NEW USE OR CHARACTER OF OCCUPANCY AS SET FORTH IN THE CHBC.

SUCH CHANGE IN OCCUPANCY SHALL NOT MANDATE CONFORMANCE

WITH NEW CONSTRUCTION REQUIREMENTS AS SET FORTH IN REGULAR CODE.
8-402 FIRE-RESISTIVE CONSTRUCTION
8-402.1 EXTERIOR WALL CONSTRUCTION. THE FIRE RESISTANCE

REQUIREMENT FOR (E) EXTERIOR WALLS AND (E) OPENING

PROTECTION MAY BE SATISFIED WHEN AN AUTOMATIC FIRE

SPRINKLER SYSTEM DESIGNED FOR EXPOSURE PROTECTION IS
INSTALLED PER THE CHBC. [...]
8-402.2 ONE-HOUR CONSTRUCTION. UPGRADING AN EXISTING HISTORICAL

BUILDING OR PROPERTY TO ONE-HOUR FIRE RESISTIVE

CONSTRUCTION AND ONE-HOUR FIRE-RESISTIVE CORRIDORS

SHALL NOT BE REQUIRED REGARDLESS OF CONSTRUCTION OR
OCCUPANCY WHEN ONE OF THE FOLLOWING IS PROVIDED:

1. AN AUTOMATIC SPRINKLER SYSTEM THROUGHOUT. SEE 8-410.

2. AN APPROVED LIFE-SAFETY EVALUATION.

3. OTHER ALTERNATIVE MEASURES AS APPROVED BY THE
ENFORCINF AGENCY.
8-410.1 EVERY QUALIFIED HISTORICAL BUILDING OR PROPERTY WHICH

CANNOT BE MADE TO CONFORM TO THE CONSTRUCTION

REQUIREMENTS SPECIFIED IN THE REGULAR CODE FOR THE

OCCUPANCY OR USE, AND WHICH CONSTITUTES A DISTIINCT FIRE HAZARD [...] SHALL BE DEEMED TO BE IN COMPLIANCE IF PROVIDED

WITH AN AUTOMATIC SPRINKLER SYSTEM OR A LIFE-SAFETY SYSTEM OR OTHER TECHNOLOGIES AS APPROVED BY THE ENFORCING AGENCY.

PROGRESS SET
3/29/23
SHEET INDEX:
0 COVER
1 SITE PLAN
2 EXISTING & PROPOSED FLOOR PLANS
3 EXISTING & PROPOSED INTERIOR ELEVATIONS
4 EXISTING & PROPOSED INTERIOR ELEVATIONS
CODES IN EFFECT:

1. 2022 CALIFORNIA BUILDING CODE (CBC)

2. 2022 CALIFORNIA ELECTRICAL CODE

3. 2022 CALIFORNIA MECHANICAL CODE

4. 2022 CALIFORNIA PLUMBING CODE

5. 2022 CALIFORNIA ENERGY CODE (CEC)

6. 2022 CALIFORNIA HISTORICAL BUILDING CODE (CHBC)

7. 2022 CALIFORNIA FIRE CODE (CFC)

8. 2022 CALIFORNIA EXISTING BUILDING CODE (CEBC)

9. LOS ALTOS HILLS MUNICIPAL CODE
BUILDING CODE COMPLIANCE:

YEAR BUILT: 1906
AREA: 1,029 SF
ZONING: R-A (CONDITIONAL USE)
CONSTRUCTION TYPE: V, NOT RATED
OCCUPANCY: B
ADA PARKING: 1
FIRE PROTECTION: TBD
SCOPE OF WORK:

COMPLETE INTERIOR REMODEL CONSISTING OF NEW ADA

BATHROOM, KITCHEN, CONFERENCE ROOM, AND MULTI-PURPOSE
ROOM. NEW HEAT PUMP HVAC SYSTEM. NEW HEAT PUMP WATER
HEATER. NEW CONCRETE PATH. NEW RAMP AS REQ'D.

HISTORICAL CONTEXT:

This is a bungalow in the Arts and Crafts style.

The Arts and Crafts Movement flourished
internationally between about 1880 - 1920. It
was a philosophy and set of social ideals that
was massively influential on design.

It grew in reaction to the negative effects of
industrialization, the decline in quality
associated with factory-made products and the
diminishing role of the artist-craftsman. It was
also a reaction against Victorian-era
lavishness, epitomized by the Great Exhibition
of 1851, which was perceived to be
excessively ornate, even vulgar.

Many of the leaders of this movement were
architects, rather than designers, who came to
view their buildings as a whole. Working in a
variety of media, often with other artists, they
hoped to bring greater unity to the arts.

The vernacular was a defining feature of this
movement - architects would use local
materials and traditional styles to create
buildings that would be harmonious with the
environment, but at the same time distinctive
and modern.

Architectural features of this style include
low-pitched roofs, deep front porches with
columns, wide eaves with exposed rafter tails,
an open floor plan, windows that feature
patterned glass, and simple wide wood trim.

In Europe, such emphasis on high quality,
handmade products resulted in the movement
dying out before the first world war, as only the
rich could afford them.

Ironically, in America, products were able to be
mass-produced and hand-finished in the Arts
and Crafts style, of which Gustav Stickley was
the most renowned. His magazine, the
Craftsman, allowed middle-class Americans to
gain access to mail-ordered furniture and
home-building kits, resulting in widespread
popularity.

(N) ADA COMPLIANT RAMP
AS REQ'D.

EXTEND ADA ACCESS PATH TO
HERITAGE HOUSE.
(N) CONC PATH. 4'-1
58 "
(E) COUNCIL CHAMBER'S ADA

ACCESS PATH TO ALSO SERVE

HERITAGE HOUSE
PROVIDE 1 ADA PARKING SPOT FOR
HERITAGE HOUSE @ (E) PARKING
(E) HERITAGE HOUSE

EXTERIOR TO REMAIN

UNCHANGED
4'-95
8 "
4'-01
4 "
4'-01
2 "
4'-73
8 "
(E) FRONT PORCH & STEPS

TO REMAIN UNCHANGED
PROJECT:

DATE:

FULL SCALE PRINTED ON 11X17 PAPER
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022 1

PROPOSED
1/32" = 1'-0"

SITE PLAN
0 30' 63' 96' N

HERITAGE HOUSE
3/29/23 1

KITCHEN

15.41 x 7.17 MULTI-PURPOSE ROOM

13.33 x 12.01

ADA BATH

8.33 x 6.95

KITCHEN

6.68 x 7.51 CLOSET

1.68 x 12.01

CONFERENCE ROOM

6.77 x 11.55

CONFERENCE ROOM

16.71 x 27.25 2'-8"
10'-10 1/8" 3'-0" 3'-0"
FRIDGE

WINE / DISPLAY PANTRY
(N) 2x6 WALLS FOR

PLUMBING / POCKET
DOORS
(N) BUILT-IN BENCH

W/ HINGED LID
(N) RAMP AS REQ'D
(N) WAINSCOT

TO MATCH (E)
(N) BUILT-IN

DISPLAY
CASE 12'-11
5 8
" 4'-0" 4'-0" 4'-11
5 8
"
(N) HEAT PUMP
(N) STAINED WD TRIM,

CASING TO MATCH (E)
(N) BUFFET
(N) CRAWL SPACE
ACCESS 18X24 MIN
(N) CONC PATH 2'-0"
1'-6"
10" 1'-0" 2'-0" 23'-5
7 8
"
27'-3" 16'-8
1 2
"
(E) 31.5" W DOOR TO REMAIN.
28" MIN CLR REQ'D PER CFC 1104.7
(MEANS OF EGRESS FOR EXISTING

BUILDINGS)
(E) FRONT PORCH

TO REMAIN

UNCHANGED
(E) EXTERIOR TO
REMAIN

UNCHANGED,
U.N.O.
28'-3" 40'-0"
(E) TRIM / CASING /

SILL TO REMAIN

UNCHANGED
U.N.O., TYP.
(E) EXTERIOR

FRONT DOOR TO
REMAIN

UNCHANGED
PORCH
MTG.

CONF.

KIT.

OFFICE 1
OFFICE 2
CL.

BATH
HALL 14.5' x 5'
12' x 5'
16' x 10'

10.5' x 11.5'

10.5' x 11.5'

6.67' x 11.67'

11.5' x 13'
16' x 10' 4'-11
7 8
" 3'-0"
8'-6"
3'-6" 3'-6" 4'-8" 3'-0" 4'-0
1 2
" 3'-6" 23'-57
8 "
27'-3"
PROJECT:

DATE:

FULL SCALE PRINTED ON 11X17 PAPER
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022 1

PROPOSED
1/8" = 1'-0"

EXISTING & PROPOSED
0 4' 8' 12' 16' 20' 24' FLOOR PLANS

HERITAGE HOUSE N
3/29/23
1 EXISTING
1/8" = 1'-0"
2

3'-0" 2'-10
1 2
" 1'-3" 5'-10
1 2
" 7'-0"
(N) 7'-0" DOOR TO
ALIGN W/ (E) WINDOWS 8'-9" TYP
(N) STAINED WD TRIM,

CASING TO MATCH (E)
(N) UPPER CABINETS TO

MATCH (E) WINDOWS
(N) BUFFET
SERVERS 100" W 8'-9" 5'-10
1 2
" 70.5"(E) OFFICE 1 FILLED-IN 6'-8"
(E) 70.5" H PLATE RAIL
(E) BOARD & BATTEN
WAINSCOT @ 12" O.C.

OPEN TO KIT.

DEMO INTERIOR, TYP
(E) 1x8 BASEBOARD
(E) CONF. (E) MTG. 7'-1" 2'-2" 4'-11" 5'-2" 1'-11" 7'-1"

REMOVE INTERIOR WALL
(E) WINDOWS TO REMAIN
UNCHANGED, TYP 1'-6" 7'-1" 5'-7"
ALIGN
(N) CROWN MOLDING

PAINTED TO MATCH (E), TYP
(N) 1x8 BASEBOARD STAINED

TO MATCH (E), TYP
(N) BUFFET
BEHIND
(N) UPPER

CABINETS
BEHIND
18" D BASE CABINETS
24" D BENCH W/ HINGE LID
10" D UPPER

DISPLAY CASE
PROJECT:

DATE:

FULL SCALE PRINTED ON 11X17 PAPER
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022

EXISTING & PROPOSED INTERIOR
0 4' 8' 12' 16' ELEVATIONS: CONFERENCE RM

HERITAGE HOUSE
3/29/23
N
(N) NORTH
3/16" = 1'-0"
3 N
(E) NORTH
3/16" = 1'-0"
E
(N) EAST
3/16" = 1'-0"
E
(E) EAST
3/16" = 1'-0"
1 (E) SILL DETAIL 2 FOR VISUAL REFERENCE ONLY(E) PLATE RAIL + COVE 3 FOR VISUAL REFERENCE ONLY(E) JAMB DETAIL 4 FOR VISUAL REFERENCE ONLY(E) CAP DETAIL 5 FOR VISUAL REFERENCE ONLYINSPIRATION 6 FOR VISUAL REFERENCE ONLYINSPIRATION

FOR VISUAL REFERENCE ONLY
Stickley custom made sideboard w/ butterfly
joints & through-tenoned sides. 100" wide, 1901.

Harvey Ellis designed elegant,
desirable furniture for Stickley. Oak
bureau bookcase 56" wide, 1903.

(E) MTG (E) FOYER (E) OFFICE 1

REMOVE PAINT FROM

INTERIOR DOOR SURFACE
(E) 6'-8" FRONT DOOR
TO REMAIN 5'-10
1 2
"

REFINISH / STAIN INTERIOR

DOOR SURFACE TO MATCH
(E) FINISH MILLWORK
(N) STAINED WD TRIM,

CASING TO MATCH (E)
(N) BUILT-IN CABINETS
(N) BUILT-IN BENCH
(N) 70.5" H PLATE RAIL
& COVE MOLDINGS TO

MATCH (E), TYP
(N) BOARD & BATTEN WAINSCOT
@ 12" O.C. TO MATCH (E) TYP 4'-6"7'-1" 1'-6"
(E) MTG (E) CONF.

DEMO INTERIOR, TYP

WINDOW BEYOND FROM (E)
OFFICE 1 TO REMAIN
(N) BUILT-IN BENCH

FRONT ENTRY

DOOR BEYOND
(N) BUFFET
BEHIND
(N) UPPER

CABINETS
BEHIND
PROJECT:

DATE:

FULL SCALE PRINTED ON 11X17 PAPER
Town of Los Altos Hills
26379 Fremont Road, Los Altos Hills, CA 94022
0 4' 8' 12' 16'

HERITAGE HOUSE
3/29/23 4
S
(N) SOUTH
3/16" = 1'-0"
S
(E) SOUTH
3/16" = 1'-0"

EXISTING & PROPOSED INTERIOR
ELEVATIONS: CONFERENCE RM

W (N) WEST
3/16" = 1'-0"

W (E) WEST
3/16" = 1'-0"
1 (E) WAINSCOT NORTH 2 FOR VISUAL REFERENCE ONLY(E) WAINSCOT WEST

FOR VISUAL REFERENCE ONLY

Town of Los Altos Hills History Committee Minutes
Regular Meeting
Date: April 16, 2024
Time: 3:30 p.m.

Place of Meeting: Duxbury Room Los Altos Hills Town Hall, 26379 Fremont Road Los Altos Hills, CA 94022

1. Call to Order at 3:32 pm by Chair Duffy Price
a. Roll call
Members: Sylvia, yes; Sally, yes; Jitze, no; Bernardo, yes; Carol, yes; Patty, yes; Duffy, yes
Associate members: Joe Heinrich, yes
Council Liaison: Linda Swan, joined at 4:03 pm.

Guests: Melissa Elian-Carrillo, Assistant Engineer; Ed Taft, Los Altos History Museum Volunteer
b. Approval of the March 19, 2024 Regular Meeting Minutes.

A motion was made to approve the minutes by Carol and seconded by Sylvia.

The approval of committee members present by voice vote was unanimous.

2. Announcements
Presentations from the floor: Melissa Elian-Carrillo presented an update on the Heritage House conceptual plans being developed in coordination with Jitze and Carol from the History Committee and representatives of the ham radio group. There was also discussion of efforts to find external funding support.

3. Old Business
A. Updating Digital Archival Needs
Guest Ed Taft reviewed his summary report to the Los Altos History Museum (LAHM) and also reported that new initiatives would be put “on hold” until a new LAHM director is named. There was some discussion of the recruitment process for the new director, which could take several months
B. Our Town Publication
A draft copy of the next issue was distributed, and Duffy asked committee members for feedback.

Duffy announced that she and Jitze would meet with the new mayor on April 26th to discuss future issues of Our Town. They will request financing for four issues at 12 pages per issue Note: Linda Swan joined the meeting at 4:03 pm.

C. Work Plan
Carol distributed a draft of the historical element. There was discussion of the confusion caused by the tabling of Appendix A at a 2017-2018 town council meeting, and it is expected that the planned stand-alone element will bring clarity.

Discussion of how to update the Appendix A content included the question of how many categories would be needed. There should be separate categories for structures and sites.

Recognition of historical sites that have been demolished should also be included as a third category. Other categories may be identified. Addresses should not be included in the general plan to protect privacy.

There was discussion about whether the information from Appendix A should be called an “Inventory” or a “list” or a “register.” It should be clear that listing structures and sites does not imply that they are “protected.”
D. Proposed History Committee Charges to and Duties of the Committee:

Sally requested that this item be deferred until after Item E was discussed, and all agreed. Carol suggested that it be delayed until the next committee meeting, and all agreed.

E. 2024 Outline Possible Public Programs
c.) Fall Presentation:

Sally presented several possibilities for a fall presentation. We have had a series of three annual presentations focused on the history and stories from three specific neighborhoods in Los Altos Hills as remembered by panels of long-time residents. Our most recent presentation was a more structured town history presentation from the perspectives of six former mayors followed by discussion.

One possibility looking forward is to structure a new series of historical presentations based on interest communities rather than geographical communities. A copy of a collection of stories created by the Los Altos Chapter of the DAR entitled “Early Settlers of Old Los Altos/Mountain View” was viewed as a possible model of a similar presentation/publication with a Los Altos Hills focus. Other possible focus areas include Los Altos Hills before the settlers came, the missions, the arts community, historical houses and sites, agriculture, impactful technology and innovation, and recognition of military service.

The committee agreed that with such a short time left to plan a fall event, we should focus on reviving an earlier plan to do a presentation based on the Horsemen of Los Altos Hills and their influence on the early development of the town up to the current presence in the town. Carol and Linda are active members of that community and will discuss possible speakers and topic sequencing for the event. Sally will arrange meetings of candidates and organize the presentation in June.

The committee agreed that we should target Sunday, September 22 or Sunday, September 29 for the event depending on the availability of participants. The Hoedown is scheduled for September 7th.
a.) June Picnic Walk:

The community relations committee is doing the publicity for the walk. The following information is available on the town web site:

The History Committee will lead a walk from Town Hall to the Picnic visiting points of historical interest along the way. We will assemble in front of the Council Chambers at 11:00 a.m. and first discuss the history of Town Hall, the Heritage House and farm equipment display. The walk will continue along Conception turning up Viscaino, and then down to Fremont Hill Country Club, ending at the picnic. Stops will be made at various points of historical interest. When ready to leave the picnic, participants will be able to return to Town Hall via the shuttle service.

Points of Interest:

Town Hall, Heritage House, Farm Equipment, Native Garden, Brick Pillars, Yellow Gates, John Fowle Home, Shumate Ranch Hom, Martha Lynn Water Tower, Shumate Ranch Stables
The walk will be about one hour starting at the Heritage House.

F. Heritage House Update
The was included earlier with presentations from the floor. The only change is that the ramp will be a dirt ramp, but it will stay in the same place. The plan will go to the town council in May.

4. New Business
A. Fremont Hills Country Club Application for Conditional Use Permit (CUP), The EDP committee has reviewed and approved the application and report. The club plans to demolish the pool house and rebuild it, and provide a new entrance. One tower, the Martha Lynn Water Tower, is a symbol of the club, and it needs a new roof. They want to keep the water tower and the stables.

Note: Sally Wood left the meeting at 5:05 pm.

A motion from Carol included a historical background report. This report should be sent to town staff. A copy of the report could not be found at the meeting, but it will be resent to all. The motion is:

The History Committee requests that the Fremont Hills Country Club place a Landmark designation over the Water Tower and two historic stables.

Sylvia seconded the motion. After discussion the motion passed unanimously with a role call vote of “yes” from all five members present: Carol, Sylvia, Bernardo, Patty, and Duffy.

B. Named Pathway List
At our previous meeting we agreed that we already have a named pathway list. The town has approved all pathways, and they all have signs. In an illustrated historical publication, a short paragraph about each pathway could be included. It could possibly be made into a calendar.

5. Adjournment
The meeting adjourned at about 5:15 pm.

DRAFT

Town of Los Altos Hills
Emergency Preparedness and Response Committee
Regular Meeting Minutes
Tuesday, April 2nd, 2024 6:00 pm. PDT

1. Call to order (start recording) [6:00pm]
The meeting was called to order by Acting Chair Harter.

2. Roll call of members [6:00pm]
Member Status Comment
Chair Terry Kearney Absent
Vice-chair Amita Sachdeva Present
Sam Wood Present
Secretary Dave Stewart Present
Rob Singh Present
Bill Ralston Present
Phil Harter Present
Ben Gikis Present
Jim Basiji Absent
Associate Victoria Bebee Present
Associate David Gilmour Absent
Associate Neil Katin Present
Associate Bill Lattin Present
Associate Andy Kirk Absent
With 6 of 9 voting members attending, a quorum is present.

2.1 Other attendees
Name Comment
Lisa Schmidt LAH Town Council Member
Kjell Karlsson Resident

3. Public comment on subjects not on the agenda [6:02pm] None.

4. EPRC Chair remarks [6:03pm]
None.

5. Review, correct and approve minutes of the prior meeting [6:03pm] MOTION to approve the minutes of the March 5th, 2024 meeting.

Member Moved Second Yes No Abstain Recuse Absent
Chair Terry Kearney x
Vice-chair Amita Sachdeva x
Secretary Dave Stewart x x

DRAFT

Sam Wood x
Rob Singh x
Bill Ralston x
Phil Harter x
Ben Gikis x x
Jim Basiji x
7 yes, 0 no, minutes are approved.

6. Status of the Emergency Manager Hire (Einfalt) [6:05pm] Stewart: Offer was made, rejected. Need to restart the process again.

7. Presentation of Heritage House Remodel Plans (Elian/Katin) [6:06pm] Katin: Presented 5A plan from Town Engineer Elian as the plan of record. Radio room moves to the middle, closer to the antenna feed. Antenna cabling to the tower will not be affected. Schedule unknown. https://www.losaltoshills.ca.gov/DocumentCenter/View/6664/240325_Los-Altos-Hills_HH_Presentation_Opt-5A

8. Progress toward 2024-2025 Goal: Mass Notification
(Singh/Schmidt/Bebee/Katin) [6:11pm]
Singh: The subcommittee met last week. Have submitted proposal for funding consultant, need to confirm funding sources. Einfalt researching applicability of American Rescue Plan Act (ARPA) funding.

Schmidt met with County Supervisor Simitian and Chris Zanardi to raise visibility of our efforts. Schmidt was introduced to Dana Reed, Director, Office of Emergency Management and (Assistant) Fire Chief Brian Glass, Santa Clara County Fire Department, will schedule meetings with them to share information and raise awareness of our efforts.

Bebee presented slides from AlertSCC report of the Santa Clara County Emergency Managers Association (SCCEMA) meeting on 3/14. 170k have registered of 1.8M residents, ~9% penetration. An opt-in system. Los Altos Hills is better with ~21% penetration. Least likely to opt-in are most vulnerable population. County also purchases lists, which get better coverage, but doesn’t use it except for life safety messages. Actual coverage is not measured. Ralston: if opt-in users get more general information, and the purchased lists are used for life safety alerts, then doesn’t that affect how we would view emergency notification? Singh: the subcommittee felt that this might require a door-to-door effort to reach the most vulnerable. Lattin: or sit outside grocery stores. San Jose uses Genasys Long Range Acoustic Devices (LRAD), high tech loudspeaker systems.

Slides available at https://tinyurl.com/LAH-EPRC-Documents in the 2024-04-02 subdirectory.

9. Town & Fire District Reports

9.1 Town Council Liaison Report (Schmidt) [6:52pm]
Planning Town Safety Workshop, specifically responding to burglaries. Neighborhood Champions Safety dinner is April 14th. Discussion of using ARPA funds for fiber to the Ark. Wood: hardening with fiber is a good idea, but there are other alternative routes.

9.2 City Manager Report (Pirnejad) [6.59pm]
Not attending, no report.

DRAFT

9.3 County Fire District Liaison’s Report (Bebee) [7:00pm] Elena Fremont Evacuation Project starts April 19th. Minimizing impact to Gardner-Bullis, meeting to explain on April 8th.

CERT back to basics drill on March 23rd: progress on information flow. Will support the Pathways Run, hoping for help from the Ham Club and Los Altos. Recently graduated 19 Teen CERTs.

10. EPRC Subcommittee Reports

10.1 Community Outreach (Sachdeva) [7:03pm]
LAHCFD & Town upcoming events:
● Defensible Space presentation 4/27 10-noon in Council Chambers. ● Wildfire Community Preparedness Day 5/4 10-3 in Council Chambers. Lunch provided. ● Community Safety Volunteer dinner 4/14 Council Chambers invitation only, please RSVP ● Town picnic 6/2 at Purissima Park. EPRC table joining hams, CERT, AlertSCC. ● CERT academy starts 4/16 at LA Community Center.

10.2 Medical & Environmental Health (Harter) [7:20pm]
No meeting this month. Response from attorney on liability issue indicates broad protections. Interest in having the volunteer doctors get to know each other. Possible outreach at picnic?

10.3 Town Emergency Plans (Ralston) [7:23pm]
No action.

10.4 Emergency Communications (Wood/Katin) [7:25pm]
Wood: Recommends hardening the town EOC using available fiber at Gardner Bullis to Town Hall. Believes Starlink poor because it would not provide local access, and Russia may start jamming. Katin: Starlink is a good complement to ground based providers because it has uncorrelated failure modes. The key question is are we better off with Starlink? Wood: Starlink is good, but we also need local connectivity, which Starlink does not improve.

Need more emergency surveillance. A: connect town hall to fiber at Gardner Bullis. B: connect Foothill College C: under-served areas.

Stewart: As the EPRC has been charged with oversight of the Ham Club (LAHARC), recommends that we add a monthly agenda item to get a report on actions relevant to the Town.

Katin: Would like to sunset the EmComm subcommittee. Wood: there are many opportunities to improve local communications with licensed radio. Stewart: but the subcommittee has been idle. Ralston: This also applies to the Technology Committee. Katin: would make a motion to dissolve the Emergency Communications Subcommittee.

Stewart: I make the motion as stated by Katin.

MOTION: To dissolve the Emergency Communications Subcommittee Member Moved Second Aye No Abstain Recuse Absent
Chair Terry Kearney x
Vice-chair Amita Sachdeva x
Secretary Dave Stewart x x
Jim Basiji x
Ben Gikis x
Phil Harter x
Bill Ralston x x
Rob Singh x

DRAFT

Member Moved Second Aye No Abstain Recuse Absent
Sam Wood x
Stewart: We’re not against this committee being formed and active, but without active volunteers, it’s just a good idea.

11. Review action items from the meeting [7:56pm]
Victoria to talk with Jeff Walker about presenting at EPRC Come up with a list of questions for Walker, in advance.

Table at Safeway and Farmers Market for AlertSCC sign-ups? Lattin/Sachdeva Picnic ideas: handouts? Calls to action? Quick survey, Ham radio demonstration. Drink tickets, capture names of other med pros.

Ask Town Clerk about collecting ideas in a public document (Brown Act allowable?)

12. Discuss future agendas [8:02pm]
Discuss summer schedule
Presentation from Jeff Walker - Bebee
Presentation on Neighbors Helping Neighbors - Ralston/Sachdeva Discuss and formalize recommendation that the town get Starlink - Katin

13. Adjournment [8:05 pm]
Chair adjourned the meeting without objection.

Common abbreviations and jargon used by the EPRC:

ALPR Automate License Plate Reader
ARPA American Rescue Plan Act
CEQA California Environmental Quality Act
CWPP Community Wildfire Protection Plan
DHV Disaster Healthcare Volunteers
DSW/DSWV Disaster Service Worker/Volunteer
EMC Emergency Management Consultant (Hepenstal)
EmComm Emergency Communications
EOC Emergency Operations Center
EOP Emergency Operations Plan
EPRC Emergency Preparedness and Response Committee
FSC Fire Safe Council
GTG Government Technology Group
Ham Amateur radio
HMP Hazard Mitigation Plan
IRU Indefeasible Right of Use
LAH Los Altos Hills
LAHARC Los Altos Hills Amateur Radio Club, aka “Ham Club” LAHCFD Los Altos Hills County Fire District
LAHEG Los Altos Hills Emergency Group, trustees of the W6LAH repeater MRC Medical Reserve/Response Corps
SCCEMA Santa Clara County Emergency Managers Association SPECS South Peninsula Emergency Communications System

Page | 1
County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract

SANTA CLARA COUNTY

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

CITY/COUNTY CONTRACT
between the
COUNTY OF SANTA CLARA and TOWN OF LOS ALTOS HILLS
FY 2025
___________________________________________________________________________________ Contract No. LAH-25-01 - Project Name. Heritage House CDBG Grant Amount: $400,000 THIS Contract (hereinafter "CONTRACT" or "AGREEMENT") is made and entered into pursuant to the Catalog of Federal Domestic Assistance (CFDA) 14.218 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California (hereinafter “COUNTY”), and the TOWN OF LOS ALTOS HILLS (hereinafter “TOWN” or “SUBRECIPIENT”) participating as a member of the County of Santa Clara COMMUNITY DEVELOPMENT BLOCK GRANT (hereinafter “CDBG”) Joint Powers Agreement. The allocation of funds pursuant to this CONTRACT is a grant. COUNTY approved the allocation and disbursement of Community Development Block Grant (hereinafter “CDBG”) funds on May 2, 2023.

RECITALS
WHEREAS, COUNTY has applied for and received Community Development Block Grant (hereinafter “CDBG”) Entitlement Program funds (hereinafter “FUNDS”), identified more specifically as B-23-UC-06-0007, from the United States Department of Housing and Urban Development (hereinafter “HUD”) as an entitlement jurisdiction pursuant to the provisions of Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383 as amended (hereinafter "ACT"); and
WHEREAS, these FUNDS were received pursuant to CFDA Number 14.218 Department of Housing and Urban Development Community Development Block Grant Entitlement Grants; and WHEREAS, COUNTY on May 2, 2023, authorized the allocation of CDBG FUNDS for Fiscal Year 2024 in the total amount of Two Million Thirty Five Thousand Eight Hundred and Ninety Seven Dollars ($2,035,897); and WHEREAS, said allocation of FUNDS pursuant to this CONTRACT is a grant and includes Four Hundred Thousand Dollars ($400,000) to SUBRECIPIENT; and
WHEREAS, COUNTY has agreed to grant to SUBRECIPIENT a portion of COUNTY’S CDBG FUNDS for the PROGRAM as described below to be operated within COUNTY and the Program will benefit low-, very low- and extremely low-income households, as described herein and as defined under federal regulations for the CDBG Entitlement Program; and
WHEREAS, COUNTY has agreed to the use by CITY, as a SUBRECIPIENT, a portion of COUNTY’S CDBG Entitlement Program funds for a Housing and Community Development Program to be operated within the COUNTY and which shall benefit extremely-low, very-low, and low income households.

NOW, THEREFORE, the parties agree as follows:

Page | 2
County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract SECTION 1. PROGRAM
SECTION 1.1 COUNTY agrees to allocate a portion of its current CDBG FUNDS, and/or program income as defined in Title 2 Code of Federal Regulations (hereinafter "CFR") Part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” (hereinafter "UNIFORM ADMINISTRATIVE REQUIREMENTS") to SUBRECIPIENT, the total sum of Four Hundred Thousand Dollars ($400,000) for the purpose of reimbursing SUBRECIPIENT for project and activity costs and expenses that are allowed and incurred in the implementation of the SUBRECIPIENT’s program (hereinafter "PROGRAM"), as more particularly described in numerous Exhibits marked as noted herein, attached to this Contract, incorporated by this reference. Reimbursement for Fiscal Year 2025 shall not exceed the total sum of the beginning balance of the Fiscal Year 2025 CDBG Funds allocated to CITY, and any roll-over of unexpended CDBG Funds from previous year’s allocations to CITY. Such authority is contingent upon CITY’s and its subrecipients’ full compliance at all times with all Federal Rules and Regulations governing the CDBG Program, the COUNTY CDBG Reallocation Guidelines, and all other applicable laws.

SECTION 2. TERM
SECTION 2.1 The purpose of this CONTRACT is for the COUNTY to disburse CDBG FUNDS for eligible activities relating to SUBRECIPIENT PROGRAM. Unless amended or terminated prior to its expiration, the term of this CONTRACT for FY2025 disbursement and expenditure purposes will begin on July 1, 2024, and the CONTRACT will end on June 30, 2025, except as stated in Section 22.9.

SECTION 2.2 RENEWAL TERM. The Parties may mutually agree to renew this AGREEMENT through a contract amendment.

SECTION 3. OBLIGATIONS OF SUBRECIPIENT
SECTION 3.1 SUBRECIPIENT will provide COUNTY with written certification that the following information is on file at the CITY offices, and is subject to monitoring by HUD and/or COUNTY (County’s Housing and Community Development Department, “OSH”) OSH staff, or their representatives:
a. Names and addresses of the current CITY Manager and CITY Council members. b. Records of all discussions and actions taken at CITY Council meetings pertaining to the CDBG PROGRAM.
c. Information and housing objectives for the Consolidated Plan required by HUD at the beginning of each program year.

SECTION 3.2 Program Performance by Subrecipient. SUBRECIPIENT warrants and represents that it shall do all of the following:
a. Conduct the PROGRAM within Santa Clara County for the purpose of benefiting extremely low, low-or-moderate income households as defined in Exhibit A2 attached to this AGREEMENT, and b. Ensure PROGRAM activities within Santa Clara County benefitting low –or-moderate- income (LMI) individuals or households require a minimum 51% of clients be of low –or -moderateincome, and c. Ensure PROGRAM activities within Santa Clara County benefitting low-and-moderate-income housing (LMH) activities require 100% of homeowners be of low-or-moderate-income, and d. Ensure PROGRAM activities within Santa Clara County benefitting low-and-moderate-income area (LMA) activities require that at least 45.43% (County CDBG exception percentage) of residents of that area be of low- or -moderate- income.

Page | 3
County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract e. The SUBRECIPIENT shall be responsible for administering PROGRAM as more fully described in Exhibit “A”, in a manner satisfactory to the COUNTY and consistent with any and all standards required as a condition of providing these Funds.
f. File Quarterly Progress Reports (hereinafter "QPR") as required by COUNTY on the type and number of services rendered through the operation of the PROGRAM, and a description of the beneficiaries of these services, and the QPR will evaluate the manner in which the PROGRAM is achieving its objectives and goals according to the standards established by COUNTY. The QPR will be due ten days after the close of each quarter and must cover the three months immediately preceding the date on which the QPR is filed, except for the 4th quarter. The 4th and final quarter report shall be due five days after the close of the fiscal year. g. Coordinate its services with other existing organizations providing similar services in order to foster community cooperation and to avoid unnecessary duplication of services. h. Seek out and apply for other sources of revenue in support of its operation or services from local, state, federal and private sources and, in the event of receipt of such award(s), inform COUNTY in writing within ten days of receipt of such award.
i. Include an acknowledgement of COUNTY funding and support on SUBRECIPIENT stationery relating to the PROGRAM and on all appropriate PROGRAM-related public or County publications using words to the effect: “funded in whole or in part by the County of Santa Clara through the Housing and Community Development Act of 1974, as amended.” SECTION 3.3 Fiscal Responsibilities of CITY. CITY shall:
a. Appoint and submit the name of a fiscal agent who will be responsible for the financial and accounting activities of SUBRECIPIENT, including the receipt and disbursement of SUBRECIPIENT Funds. The COUNTY must be notified immediately in writing of the appointment of any new fiscal agent and that agent’s name.
b. Comply with the requirements and standards of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning CDBG and all federal regulations and policies issued pursuant to these regulations and 2 CFR Part 200, UNIFORM ADMINSTRATIVE REQUIREMENTS.
c. Document all PROGRAM costs by maintaining records in accordance with Section 3.4 below. d. Submit to the COUNTY, based on an agreed upon schedule, a request for payment, together with all supporting documentation. Invoices requesting disbursements submitted after the expiration of the CONTRACT will be honored only for eligible charges incurred during the CONTRACT term.

All invoices must be submitted by the CONTRACT expiration date or within such other time period specified by the COUNTY for this CONTRACT term. Funds not disbursed will be reprogrammed for future reallocation by the County or may be carry forwarded and included into the SUBRECIPIENTS next fiscal year contract.
e. Certify current and continuous insurance coverage, subject to COUNTY approval and in accordance with requirements as outlined in Exhibit F, “Insurance Requirements.” f. Items a. through e. above are express conditions precedent to disbursement of any COUNTY funding and failure to comply with these conditions will, at discretion of COUNTY, result in suspension of funding or termination of this CONTRACT.
g. If SUBRECIPIENT does not use CDBG Funds in accordance with the requirements of this CONTRACT, SUBRECIPIENT is liable for repayment of all disallowed costs. Disallowed costs may be identified through audits, monitoring or other sources. SUBRECIPIENT is required to respond to

Page | 4
County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract any adverse findings which may lead to disallowed costs subject to provisions of 2 CFR Part 200 Subpart E, “Cost Principles.”
SECTION 3.4 CDBG Housing Rehabilitation Revolving Loan Fund Conditions. If CITY maintains a Revolving Loan Fund (“RLF”), CITY will maintain the RLF as a separate fund (with a set of accounts that are independent of other program accounts) established for the purpose of carrying out specific activities which, in turn, generate payments to the fund for use in carrying out the same activities. The following are additional CITY RLF conditions and requirements:
a. The RLF must be capitalized only with housing rehabilitation or housing acquisition repayment funds, which are considered CDBG Program Income for CDBG purposes. CDBG program Funds may not be drawn down to serve as the initial available funding or ongoing funding of the RLF. b. The RLF will cover a single, specific activity (i.e. housing rehabilitation). Properties that may be assisted under the RLF include:
• Single-family properties occupied by low- and moderate-income households with annual gross incomes not to exceed 80% of the median area income threshold by family size, as issued by HUD for each program year; and, • Multi-family (rental) properties with at least 51% of the units (or such percentage as published by HUD as an exception area) occupied by tenants with annual gross incomes which meet the same HUD annual income thresholds. c. Program income received by the RLF from rehabilitation loan principal and interest repayments must be held in an interest bearing account. Note: Principal repayments and the interest paid by borrowers of CDBG-funded loans made from the RLF are considered CDBG Program Income and subject to the CDBG Program Income requirements.
d. Any accrued interest on the total funds maintained in the account must be returned to HUD annually, to be remitted through the COUNTY to the U.S. Treasury. e. The COUNTY’s Consolidated Plan must be amended following a public review process to reflect the establishment of a RLF as a strategy to address priority-housing needs. The scope of the housing RLF should be described.
f. In future years, the RLF’s estimated production and program income should be incorporated into each Annual Action Plan, as well as accomplishments and program income reported in the Consolidated Annual Performance and Evaluation Report (CAPER). g. An amendment of the applicable Annual Action Plan is required in order to transfer any RLF funds to the grantee’s main account for use with non-RLF but eligible activities. (See Title 24 CFR 570 Subpart J, 570.500 “Definitions,” 570.500(b) “Revolving Fund.

SECTION 3.5 Establishment and Maintenance of Records: CITY shall a. Maintain complete and accurate records of all its transactions including, but not limited to, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly (1) all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred to perform this CONTRACT or to operate the PROGRAM, and (2) all other matters covered by this CONTRACT.

Page | 5
County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract SECTION 3.6 Preservation of Records. CITY will preserve and make available its records:
a. Until five years following the expiration of this contract AGREEMENT, or b. For such longer period, if any as is required by applicable law; or c. If this AGREEMENT is completely or partially terminated, the records relating to the work terminated will be preserved and made available for a period of five years from the date of termination.

SECTION 3.7 Examination of Records and Project Site: At any time during normal business hours, and as often as may be deemed necessary, CITY agrees that HUD and the OSH, and/or any duly authorized representatives, may until expiration of (a) five years after final payment under this AGREEMENT, (b) five years from the date of termination of this AGREEMENT, or (c) such longer period as may be described by applicable law, have access to and the right to examine its offices and facilities used in the performance of this AGREEMENT or the operation of the PROJECT, and all its records with respect to the PROJECT and all matters covered by this AGREEMENT. CITY also agrees that the OSH or any duly authorized representatives will have the right to audit, examine, and make excerpts or transactions of and from such records and to make audits of all AGREEMENTs and SUB-AGREEMENTs, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating to the PROJECT and matters covered by this AGREEMENT. CITY will be notified in advance that an audit will be conducted. CITY will be required to respond to any audit findings and have the responses included in the final audit report. The cost of any such audit will be borne by COUNTY.

The CITY must provide language in its contracts with all subrecipients stipulating that at any time during normal business hours, and as often as may be deemed reasonably necessary, subrecipient agrees that HUD and the COUNTY, and/or any authorized representatives may have access to and the right to examine subrecipient CDBG records and facilities until expiration of:
a. five years after expiration of this CONTRACT;
b. five years from the date of termination of this CONTRACT; or c. five such longer period as may be prescribed by law.

CITY also agrees that COUNTY and any authorized representatives has the right to audit, examine, and make excerpts or transactions of and from, such records and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials and all other data relating to the PROGRAM and matters covered by this CONTRACT. CITY will be notified in writing of intended audits. CITY will be notified in writing of intended inspections of records and facilities and of intended audits no less than three business days before such inspections or audits. CITY is required to respond in writing to the OSH Director any audit findings within thirty (30) days of receipt of written audit findings. Responses will be included in the final audit report.

SECTION 3.8 Compliance with Law. CITY staff warrants and represents that it will become familiar and comply with and cause all its subcontractors, independent contractors, and employees, if any, to become familiar and comply with all applicable federal, state and local laws, ordinances, codes, regulations and decrees including, but not limited to, those federal rules and regulations, executive orders, and statutes identified in Exhibit D “Assurances” and must comply with the requirements and standards of 2 CFR PART 200, Subpart E “Cost Principles” as described in Section 2(A)(9) of this CONTRACT.

SECTION 3.9 Suspension and Termination. In accordance with 24 CFR 85.43, suspension or termination of this Contract may occur if the CITY materially fails to comply with any term or condition of this

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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract CONTRACT. This CONTRACT may also be terminated for convenience or cause in accordance with 24 CFR 85.44, or in accordance with any other provision of this CONTRACT allowing for contract termination, cancellation or expiration.

SECTION 3.10 Reversion of Assets. Upon expiration or termination of this CONTRACT, or in the event HUD cancels its PROGRAM for any reason, the CITY will transfer to the COUNTY any CDBG Funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG Funds. Any real property under the CITY’s control that was acquired or improved in whole or in part with CDBG Funds (including CDBG Funds provided to CITY in the form of a loan) in excess of $25,000:
a. Must be used to meet one of the national objectives stated in Title 24 CFR part 570.208 for a period of five years after expiration of this CONTRACT or for such longer period of time as required by the COUNTY; or,
b. The CITY must reimburse the COUNTY an amount equal to the current market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property (reimbursement is not required after the period of time specified in Section 3.10 above).

SECTION 3.11 “Section 3” Provisions.
a. Compliance. Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this CONTRACT, shall be a condition of the federal financial assistance provided under this CONTRACT and binding upon the COUNTY, the CITY, and any subrecipients. Failure to fulfill these requirements shall subject the COUNTY, the CITY, and any subrecipients, their successors and assigns to those remedies specified in the CONTRACT through which federal assistance is provided and any other remedies available under applicable law. The CITY certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. The CITY further agrees to comply with these “Section 3” requirements and to include the following language in all subrecipient contracts executed under this CONTRACT or using CDBG Funds:
“The work to be performed under the CONTRACT is a project or activity assisted under a PROGRAM providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project or activity area and agreements for work in connection with the project or activity be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the areas of the project or activity.” The CITY certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements.
b. Notifications. The CITY and its subrecipients must send to each labor organization or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, if any, a notice advising said labor organization or workers’ representative of its commitments

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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
c. Subcontracts. The CITY and its subcontractors will include this Section 3 clause in every contract and will take appropriate action pursuant to the contract upon a finding that the subcontractors is in violation of regulations issued by COUNTY. The CITY will not contract with any subcontractors where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let, authorize, permit or allow any contract unless the subcontractors has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

SECTION 4. OBLIGATIONS OF COUNTY
SECTION 4.1 Method of Payment. During the CONTRACT term, COUNTY shall disburse CDBG Funds to CITY on a reimbursement basis unless otherwise provided herein for all allowable costs and expenses incurred in connection with the PROGRAM, not to exceed the sum of $400,000.

COUNTY may, at any time in its absolute discretion, elect to suspend or terminate payment to, SUBRECIPIENT in whole or in part, pursuant to this CONTRACT based on SUBRECIPIENT’s non-compliance, including, but not limited to, incomplete documentation of expenses, failure to substantially meet goals and objectives as required in Exhibits A (Scope of Services, Performance Outcomes and Measurements, and Budget), failure to submit adequate quarterly progress reports as required herein or other incidents of non-compliance as described in Section 6.2 of this CONTRACT or based on the refusal by SUBRECIPIENT to accept any additional conditions that may be imposed by HUD at any time, or based on the suspension or termination of the grant to COUNTY made pursuant to the Housing and Community Development Act of 1974, as amended.

SECTION 4.2 Non-Compliance. In the case of CITY substantial non-compliance prior to exercising any recourse authorized herein, COUNTY will initiate the following procedure:
a. Notify the CITY Coordinator in writing of the alleged substantial non-compliance and request an immediate meeting between CITY Coordinator and COUNTY OSH CDBG Program Manager to resolve issues. If issues are not resolved satisfactorily within thirty (30) days, notify CITY Manager in writing requesting an immediate meeting between CITY Manager, CITY Coordinator and COUNTY OSH CDBG Program Manager to resolve the issues.
b. Determine if any portion of the reimbursement request meets all eligible criteria, and if so, authorize payment for the eligible portion of the reimbursement request; c. Review the procedure to be followed pursuant to Section 6.b. of this CONTRACT (Contract Compliance, Corrective Action Procedure); and
d. If applicable, forward a written report to HUD’s Regional Office detailing the substantial noncompliance issues and the steps being instituted to correct performance with a copy to the CITY Manager.

SECTION 4.3 Compliance with Law. COUNTY shall become familiar and comply with, and require all its subcontractors and employees, if any, to become familiar and comply with, all applicable federal, state and local laws, ordinances, codes, regulations and decrees including, but not limited to, those federal rules and regulations, executive orders, and statutes identified in Exhibit D “Assurances.” Specifically, COUNTY shall comply with the requirements of OMB Circular No. A-87, “Principles for Determining Costs Applicable to Grants and Contracts with State, Local, Federally recognized Indian Tribal Governments,” and OMB Circular A133 “Audits of State and Local Governments.”

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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract In addition, COUNTY will comply with federal regulations as cited in 24 CFR Part 570, Subpart J, and 24 CFR Part 85, and all other local, state or federal laws applicable to this PROGRAM.

SECTION 5. PROGRAM COORDINATION
SECTION 5.1 COUNTY. The County Executive will assign a single DIRECTOR for COUNTY who will render overall supervision of the progress and performance of this CONTRACT by COUNTY. All services agreed to be performed by COUNTY will be at the overall direction of the DIRECTOR.

SECTION 5.2 SUBRECIPIENT. As of the date hereof, SUBRECIPIENT has designated City Contact Name to serve as CDBG Liaison and to assume overall responsibility for the progress and execution of this CONTRACT.

The COUNTY will be immediately notified in writing of the appointment of a new CDBG Liaison.

SECTION 5.3 NOTICES. All notices or other correspondence required or contemplated by this CONTRACT shall be sent to the parties at the following addresses:

COUNTY: County of Santa Clara
Office of Supportive Housing
Housing and Community Development
2310 N. First Street, Suite 201
San Jose, CA 95131
CITY: City Manager Name, City Manager
City Street Address
All notices must either be hand delivered or sent by United States mail, registered or certified, postage prepaid.

Notices given in such a manner will be deemed received when hand delivered or seventy-two (72) hours after deposit in the United States mail. Any party may change his or her address for the purpose of this section by giving five (5) days written notice of such change to the other party in the manner provided in this section.

SECTION 6. CONTRACT COMPLIANCE
SECTION 6.1 Monitoring and Evaluation of Services. Evaluation and monitoring of the PROGRAM performance is the mutual responsibility of COUNTY and CITY, with the understanding that HUD looks to COUNTY as the sole responsible party for meeting PROGRAM requirements. CITY will furnish data, statements, records, information and reports to COUNTY as necessary for COUNTY to monitor, review and evaluate the performance of the PROGRAM and its components. COUNTY has the right to request the services of an outside agent to assist in any such evaluation. Such services will be paid for by COUNTY.

SECTION 6.2 CONTRACT NON-COMPLIANCE. If CITY fails to comply with any provision of this CONTRACT, COUNTY has the right to terminate this CONTRACT or to require corrective action to enforce compliance with such provision. Such enforcement authority is pursuant to these CONTRACT terms and in accordance with the provisions of 24 CFR 85.43. Examples of non-compliance include but are not limited to:
a. If SUBRECIPIENT (with or without knowledge) has made any material misrepresentation of any nature with respect to any information or data furnished to COUNTY in connection with the PROGRAM.

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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract b. If there is pending litigation with respect to the performance by CITY of any of its duties or obligations under this CONTRACT, which may materially jeopardize or adversely affect the undertaking of or the carrying out of the PROGRAM. The CITY and COUNTY may negotiate a reinstatement of this CONTRACT following termination or conclusion of such litigation.
c. If CITY has taken any action pertaining or related to the PROGRAM or this CONTRACT, which action required COUNTY approval, and such approval was not obtained before the action was taken. d. If CITY is in default under any provision of this CONTRACT. e. If CITY makes illegal use of CDBG Funds.
f. If SUBRECIPIENT submits to COUNTY any report which is incorrect or incomplete in any material respect.
g. If CITY fails to meet all provisions of the COUNTY CDBG Reallocation Guidelines or the Joint Powers Agreement currently in full force and effect between the parties hereto.

SECTION 6.3. Corrective Action Procedure. COUNTY, in its absolute discretion and in lieu of immediately terminating this CONTRACT, upon occurrence or discovery of noncompliance by CITY pursuant to this CONTRACT, may give CITY notice of COUNTY’S intention to consider corrective action to enforce compliance utilizing the Corrective Action Procedure outlined below. Such notice will indicate the nature of the noncompliance and the procedure whereby CITY will have the opportunity to participate in formulating any corrective action recommendation. The Corrective Action Procedure contemplated herein is as follows:

1. COUNTY OSH Program Manager and CITY Manager will negotiate a time frame and course of action for correcting the non-compliance;

2. CITY will provide COUNTY with a written plan and time frame for correcting the non-compliance issue(s), subject to COUNTY approval. Such plan must be submitted by CITY to COUNTY within thirty (30) days of the initial non-compliance meeting between CITY and COUNTY;

3. CITY must initiate the corrective action procedure within sixty (60) days of the initial noncompliance meeting between the COUNTY OSH Program Manager and the CITY Coordinator (COUNTY, at its sole discretion, may extend this timeline for extenuating circumstances);

4. COUNTY will have the right to require the presence of CITY officers at any hearing or meeting called for the purpose of considering corrective action;

5. CITY has the right to appeal all findings of non-compliance, and subsequent corrective action, with both the COUNTY Board of Supervisors and HUD; and,

6. County reserves the right to seek any and all other remedies (equitable or other) available to it under the law.

In the event that CITY does not implement the corrective action recommendations in accordance with the corrective action timetable as approved by COUNTY, COUNTY may suspend payments hereunder, terminate this CONTRACT and/or exercise any other right or remedy available to it under the law.

SECTION 7. TERMINATION
SECTION 7.1 Termination for Cause. COUNTY may terminate this CONTRACT by providing written notice to SUBRECIPIENT for any of the following reasons:
a. Uncorrected CONTRACT non-compliance as defined in Section 6.2; SUBRECIPIENT is in bankruptcy or receivership; a member of the SUBRECIPIENT’s Board of Directors or the Executive Director is found to have

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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract committed fraud or; there is reliable evidence that SUBRECIPIENT is unable to perform the PROGRAM as described in the attached Exhibits. The date of termination will be as specified in the notice. b. If CITY is in bankruptcy or receivership;
c. If the CITY or a member of CITY’S Executive Management staff is found to have committed fraud in connection with or related to the PROGRAM;
d. If the COUNTY determines or has reason to believe that there is reliable evidence that CITY is unable to effectively operate the PROGRAM or operate the PROGRAM in accordance with all requirements and obligations; or
e. If CITY is in violation of any material term or condition of this CONTRACT.

SECTION 7.2 Termination for Convenience. In addition to the COUNTY’S right to terminate for cause set forth in Section 7.1, COUNTY may suspend or terminate this CONTRACT for any reason by giving thirty (30) days prior written notice to the other party. Upon receipt of such notice, performance of the services hereunder will be immediately discontinued. In the event that this CONTRACT is terminated, SUBRECIPIENT may be required to return funds according to HUD regulations. Upon termination of this CONTRACT, SUBRECIPIENT must immediately provide COUNTY access to all documents, records, payroll, minutes of meetings, correspondence and all other data pertaining to the CDBG FUNDS granted to SUBRECIPIENT pursuant to this CONTRACT. a. Upon termination, CITY will:

1. If termination is for convenience, be reimbursed for all documented allowable costs and expenses incurred in connection with the PROGRAM up to the date of such termination. COUNTY shall be obligated to compensate CITY only for allowable costs and expenses as determined by an audit or other monitoring method;

2. Turn over to COUNTY immediately any and all copies of studies, reports and other data, whether or not completed, prepared by CITY or its subcontractors, if any, in connection with this CONTRACT. Such materials shall become property of COUNTY. CITY, however, shall not be liable to COUNTY for COUNTY’S use of incomplete materials or for COUNTY’S use of completed documents if used for reasons not otherwise provided for or contemplated under the terms of this CONTRACT; and

3. Transfer to the COUNTY any CDBG Funds on hand and any accounts receivable attributable to the use of the CDBG Funds. All assets acquired with the CDBG Funds shall be returned to the COUNTY unless otherwise negotiated by separate contract per the provisions of the COUNTY CDBG REALLOCATION GUIDELINES. b. Upon termination of this CONTRACT, CITY will immediately provide COUNTY access to all documents, records, payroll, minutes of meetings, correspondence, and all other data pertaining to the CDBG Funds.

SECTION 8. PURCHASING REAL OR PERSONAL PROPERTY
SECTION 8.1 SUBRECIPIENT will comply with all applicable Federal Regulations as detailed by 24 CFR Part 570, Subpart J, i.e. 570.500 (Definitions), 570.503 (Agreements with SUBRECIPIENTs), 570.504 (Program Income), and 570.505 (Use of Real Property), with regards to the use and disposal of Real or Personal Property purchased in whole, or in part, with CDBG FUNDS.

SECTION 8.2 Grants. If a grant is provided for the acquisition of real property, SUBRECIPIENT will continually operate its PROGRAM for a minimum period of five (5) yearsfrom the effective date of this CONTRACT.

This obligation will survive the term of this CONTRACT, the assignment or assumption of this CONTRACT and the sale of the property prior to expiration of the obligation period as set forth in this paragraph. If this obligation is not fully met, SUBRECIPIENT may be required to reimburse the COUNTY. The COUNTY may consider, but will not

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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract be limited by, the following factors in calculating the reimbursement obligation: initial grant sum, the duration of the initial contractual obligation to operate the PROGRAM versus the actual duration of operation, and the appreciated value.

SECTION 8.3 Security Document. As a condition precedent to COUNTY granting funds for the purchase of real property or an option to purchase real property, CITY will prepare and require its subrecipient(s) to execute a Loan Agreement, Promissory Note, Deed of Trust and such other contracts restricting the use of said real property for purposes consistent with this CONTRACT and HUD and CDBG requirements.

SECTION 9. RELOCATION, ACQUISITION, AND DISPLACEMENT. CITY agrees to comply with 24 CFR 570.606 and all other applicable laws and regulations relating to the acquisition and disposition of all real property utilizing CDBG funds, and to the displacement of persons, businesses, and non-profit organizations as a direct or indirect result of any acquisition or disposition of real property utilizing or supported with the use of CDBG funds.

CITY agrees to comply with all applicable state and federal laws, County ordinances, resolutions and policies concerning or related to the displacement of individuals from their residences or homes.

SECTION 10. PROGRAM INCOME. Income generated from activities carried out with CDBG Funds is Program Income and shall be regulated by all provisions of Title 24 CFR 570 Subpart J “Grant Administration,” 570.503 “Agreements with Subrecipients,” and 570.504 “Program Income.” In addition, all provisions of the COUNTY REALLOCATION GUIDELINES apply to this CONTRACT. CITY must quarterly report all program income generated by activities carried out with CDBG funds made available under this CONTRACT. By way of further limitations, CITY may use such income during the CONTRACT term for activities permitted by this CONTRACT and shall reduce requests for additional funds by the amount of any such Program Income balances on hand. All unused Program Income will be returned to the COUNTY at the end of the CONTRACT term with the exception of rehabilitation loan payments.

SECTION 11. INDEPENDENT CONTRACTOR
SECTION 11.1. This is a CONTRACT by and between independent contractors and is not intended and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between SUBRECIPIENT and COUNTY. SUBRECIPIENT, including its officers, employees, agents or independent contractors or subcontractors, shall not have any claim under this Contract or otherwise against COUNTY for any Social Security, Worker’s Compensation, or employee benefits extended to employees of COUNTY. If any obligation is performed for or on behalf of SUBRECIPIENT through a contractor or subcontractor, SUBRECIPIENT will remain fully responsible for the performance of all obligations under this Contract and SUBRECIPIENT will be solely responsible for all payments due to its contractors and subcontractors. No contract, subcontract or other agreement entered into by SUBRECIPIENT with any third party in connection with this CONTRACT will provide for any indemnity, guarantee or assumption of liability by, or other obligation of, County with respect to such arrangement. No contractor or subcontractor will be deemed a third party beneficiary for any purposes under or to this AGREEMENT.

SECTION 12. ASSIGNABILITY – THIRD PARTY CONTRACTORS
SECTION 12.1 None of the work or services to be performed hereunder will be assigned, delegated or subcontracted to third parties without the prior written approval of COUNTY. Copies of all third party contracts shall be submitted to COUNTY at least ten days prior to the proposed effective date. In the event COUNTY approves of any such assignment, delegation or sub-contract, the subcontractors, assignees or delegates shall be

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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract deemed to be employees of SUBRECIPIENT, and SUBRECIPIENT will be responsible for their performance and any liabilities attaching to their actions or omissions.

SECTION 12.2 This CONTRACT may not be assumed nor assigned to another subrecipient, person, partnership or any other entity without the prior written approval of COUNTY.

SECTION 13. DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION SECTION 13.1 COUNTY AND SUBRECIPIENT agree to maintain the confidentiality of any information regarding existing, former or prospective applicants for services offered by the PROGRAM pursuant to this CONTRACT or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Without the written permission of the applicant, such information may be divulged only if permitted by law as necessary for purposes related to the performance or evaluation of the services and work to be provided pursuant to or under this CONTRACT, and then only to persons having responsibilities under this CONTRACT, including those furnishing services under the PROGRAM through approved subcontracts.

SECTION 14. HOLD HARMLESS
SECTION 14.1 In addition to the indemnity obligations set forth in Exhibit F, “Insurance Requirements,” SUBRECIPIENT warrants and represents that it shall indemnify, save, defend and hold harmless the COUNTY, its employees, agents, and officials, members of boards and commissions, from, for and against any and all claims, costs, settlements, litigation expenses, attorney’s fees and court costs, allegations, direct and indirect damages, injuries, illnesses, deaths, actions, suits, charges and judgments whatsoever, arising out of or relating to (a) SUBRECIPIENT's negligent or intentional acts or omissions; (b) SUBRECIPIENT'S breach or violation of any term or condition of this CONTRACT; (c) SUBRECIPIENT’s failure to comply with any applicable law, decrees, ordinance, code, regulations or other standard, including but not limited to as set forth in Exhibit D, “Assurances,” attached herein and incorporated by reference.

SECTION 15. WAIVER OF RIGHTS AND REMEDIES
SECTION 15.1 In no event will any payment by COUNTY constitute or be construed to be a waiver by COUNTY of any breach or violation of the requirements, obligations, conditions, covenants or other provisions of this CONTRACT or any default which may then exist on the part of CITY, and the making of any such payment while any such breach, violation or default exists will in no way impair or prejudice any right or remedy available to COUNTY with respect to such breach, violation or default. In no event will payment to CITY by COUNTY in any way constitute a waiver by COUNTY of its rights to recover from CITY the amount of money paid to SUBRECIPIENT on any item which is not eligible for payment under or for the PROGRAM or this CONTRACT or any other right. No delay or omission by COUNTY to exercise any right occurring upon any noncompliance or default by CITY with respect to any of the terms of this Contract shall impair any such right or power or be construed to be a waiver thereof. A waiver by COUNTY of any of the covenants, conditions or agreements to be performed by CITY shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

SECTION 16. COMPLIANCE WITH ALL LAWS, INCLUDING NONDISCRIMINATION, EQUAL OPPORTUNITY,

AND WAGE THEFT PREVENTION

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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract a. Compliance with All Laws. CITY shall comply with all applicable Federal, State, and local laws, regulations, rules, and policies (collectively, “Laws”), including but not limited to the non-discrimination, equal opportunity, and wage and hour Laws referenced in the paragraphs below. b. Compliance with Non-Discrimination and Equal Opportunity Laws: CITY shall comply with all applicable Laws concerning nondiscrimination and equal opportunity in employment and contracting, including but not limited to the following: Santa Clara County’s policies for Contractors on nondiscrimination and equal opportunity; Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; the Rehabilitation Act of 1973 (Sections 503 and 504); the Equal Pay Act of 1963; California Fair Employment and Housing Act (Gov. Code § 12900 et seq.); California Labor Code sections 1101, 1102, and 1197.5; and the Genetic Information Nondiscrimination Act of 2008. In addition to the foregoing, CITY shall not discriminate against any subconsultant, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political belief, organizational affiliation, or marital status in the recruitment, selection for training (including but not limited to apprenticeship), hiring, employment, assignment, promotion, layoff, rates of pay or other forms of compensation. Nor shall CITY discriminate in the provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex, gender identity, gender expression, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. c. Compliance with Wage and Hour Laws: CITY shall comply with all applicable wage and hour Laws, which may include but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and, if applicable, any local minimum wage, prevailing wage, or living wage Laws. d. Definitions: For purposes of this Section 14, the following definitions shall apply. A “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality Assurance. e. Prior Judgments, Decisions or Orders against CITY: By signing this Agreement, CITY affirms that it has disclosed any final judgments that (A) were issued in the five years prior to executing this Agreement by a court, an investigatory government agency, arbiter, or arbitration panel and (B) found that CITY violated an applicable wage and hour law or pay equity law. CITY further affirms that it has satisfied and complied with – or has reached Agreement with the County regarding the manner in which it will satisfy – any such final judgments. f. Violations of Wage and Hour Laws or Pay Equity Laws During Term of Contract: If at any time during the term of this Agreement, CITY receives a Final Judgment rendered against it for violation of an applicable wage and hour Law or pay equity Law, then CITY shall promptly satisfy and comply with any such Final Judgment.

CITY shall inform the Office of the County Executive-Office of Countywide Contracting Management (OCCM)of any relevant Final Judgment against it within 30 days of the Final Judgment becoming final or of learning of the Final Judgment, whichever is later. CITY shall also provide any documentary evidence of compliance with the Final Judgment within 5 days of satisfying the Final Judgment. Any notice required by this paragraph shall be addressed to the Office of the County Executive-OCCM at 70 W. Hedding Street, East Wing, 11th Floor, San José, CA 95110.

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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract Notice provisions in this paragraph are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the Office of the County Executive-OCCM satisfies the notice requirements in this paragraph.
g. Access to Records Concerning Compliance with Pay Equity Laws: In addition to and notwithstanding any other provision of this Agreement concerning access to CITY’s records, CITY shall permit the County and/or its authorized representatives to audit and review records related to compliance with applicable pay equity Laws. Upon the County’s request, CITY shall provide the County with access to any and all facilities and records, including but not limited to financial and employee records, that are related to the purpose of this Subsection H, except where prohibited by federal or state laws, regulations or rules. County’s access to such records and facilities shall be permitted at any time during CITY’s normal business hours upon no less than 10 business days’ advance notice.
h. Pay Equity Notification: CITY shall (1) at least once in the first year of this Agreement and annually thereafter, provide each of its employees working in California and each person applying to CITY for a job in California (collectively, “Employees and Job Applicants”) with an electronic or paper copy of all applicable pay equity Laws or (2) throughout the term of this Agreement, continuously post an electronic copy of all applicable pay equity Laws in conspicuous places accessible to all of CITY’s Employees and Job Applicants. i. Material Breach: Failure to comply with any part of this Section 14 shall constitute a material breach of this Agreement. In the event of such a breach, the County may, in its discretion, exercise any or all remedies available under this Agreement and at law. County may, among other things, take any or all of the following actions:
(i)Suspend or terminate any or all parts of this Agreement. (ii)Withhold payment to CITY until full satisfaction of a Final Judgment concerning violation of inapplicable wage and hour Law or pay equity Law.
(iii)Offer CITY an opportunity to cure the breach.
j. Subcontractors: CITY shall impose all of the requirements set forth in this Section 14 on any subcontractors permitted to perform work under this Agreement. This includes ensuring that any subcontractor receiving a Final Judgment for violation of an applicable Law promptly satisfies and complies with such Final Judgment.

This non-discrimination provision must be included in CITY’S contracts with sub-contractors and vendors when utilizing (directly or indirectly) the CDBG FUNDS disbursed for the PROGRAM.

SECTION 17. AMENDMENTS. Amendments to the terms or conditions of this CONTRACT must be requested in writing by an authorized representative of the party desiring amendments, and any amendment will be effective only upon the mutual agreement in writing of the parties hereto by and through the parties authorized representatives. Amendments will not invalidate this CONTRACT nor relieve or release the COUNTY or the CITY from its obligations under this CONTRACT.

SECTION 18. TRANSFER OF FUNDS. During the CONTRACT term, CITY may choose to transfer funds within the PROGRAM described in Exhibits A through F. Fund transfers exceeding $30,000 as well as new projects or activities added to CITY’s PROGRAM, require City Council and County Board of Supervisors approval. New projects must be the same or similar in kind of the activity that was originally approved by the Board of Supervisors and City Council.

SECTION 19. INTEGRATED DOCUMENT- JOINT POWERS AGREEMENT. This CONTRACT, in conjunction with the Santa Clara County CDBG Joint Powers Agreement (JPA), including any amendments to the JPA, contains

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County of Santa Clara LAH-25-01
Office of Supportive Housing
FY25 Los Altos Hills Heritage House ADA Upgrades CDBG Contract the entire agreement between COUNTY and CITY with respect to the subject matter hereof. No written or oral agreements, other than the Santa Clara County CDBG Joint Powers Agreement, with any officer, agent or employee of COUNTY prior to execution of this Contract will affect or modify any of the terms or obligations contained in any documents comprising this Contract.

SECTION 20. NON-SMOKING POLICY. Contractor and its employees, agents and subcontractors shall comply with the County’s No Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities; (2) within thirty (30) feet surrounding County-owned buildings and leased buildings where the County is the sole occupant; and (3) in all County vehicles.

SECTION 21. FOOD AND BEVERAGE STANDARDS.

Except in the event of an emergency or medical necessity, the following nutritional standards shall apply to any foods and/or beverages purchased by CITY with County funds for County-sponsored meetings or events.

If food is to be provided, healthier food options shall be offered. “Healthier food options” include (1) fruits, vegetables, whole grains, and low fat and low calorie foods; (2) minimally processed foods without added sugar and with low sodium; (3) foods prepared using healthy cooking techniques; and (4) foods with less than 0.5 grams of trans fat per serving. Whenever possible, CITY shall (1) offer seasonal and local produce; (2) serve fruit instead of sugary, high calorie desserts; (3) attempt to accommodate special, dietary and cultural needs; and (4) post nutritional information and/or a list of ingredients for items served. If meals are to be provided, a vegetarian option shall be provided, and the CITY should consider providing a vegan option.

If pre-packaged snack foods are provided, the items shall contain: (1) no more than 35% of calories from fat, unless the snack food items consist solely of nuts or seeds; (2) no more than 10% of calories from saturated fat; (3) zero trans-fat; (4) no more than 35% of total weight from sugar and caloric sweeteners, except for fruits and vegetables with no added sweeteners or fats; and (5) no more than 360 mg of sodium per serving.

If beverages are to be provided, beverages that meet the County’s nutritional criteria are (1) water with no caloric sweeteners; (2) unsweetened coffee or tea, provided that sugar and sugar substitutes may be provided as condiments; (3) unsweetened, unflavored, reduced fat (either nonfat or 1% low fat) dairy milk; (4) plant-derived milk (e.g., soy milk, rice milk, and almond milk) with no more than 130 calories per 8 ounce serving; (5) 100% fruit or vegetable juice (limited to a maximum of 8 ounces per container); and (6) other low-calorie beverages (including tea and/or diet soda) that do not exceed 40 calories per 8 ounce serving. Sugar-sweetened beverages shall not be provided.

SECTION 22. MISCELLANEOUS
SECTION 22.1 The captions and section headings used in this CONTRACT are for convenience of reference only, and the words contained herein will, in no way, be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this CONTRACT.

SECTION 22.2 All Exhibits attached hereto and referred to in this CONTRACT are incorporated herein by this reference as if set forth fully herein. Exhibits are as follows:

Exhibit “A” (CDBG Scope of Services, Performance Outcomes and Measurements, and Budget), Exhibit “B” (Payments to CITY),
Exhibit “C” (General Block Grant Conditions),