Los Gatos City Council
May 2, 2023

FIRST AMENDMENT TO THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD

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

The COUNTY and the CITY agree that:

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

16. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY must augment funding provided under this Agreement to cover the cost of a minimum participation level of 4% of CITY households; CITY may also elect to augment funding to provide additional services to increase CITY participation beyond the 4% minimum participation level.

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

CITY agrees to augment up to an additional $66,018 to the Countywide HHW Program during Fiscal Year 2022 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

CITY agrees to augment up to an additional $64,552 to the Countywide HHW Program during Fiscal Year 2023 for the purpose of attaining or increasing CITY household participation above the 4% minimum participation level at the scheduled collection dates listed in Attachment C-1, attached hereto and incorporated herein. Augmentation will be calculated, where applicable, at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY’S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to offset the above agreed additional augmentation amount.

First Amendment to Agreement -
Countywide Household Hazardous Waste Collection Program

DocuSign Envelope ID: D83B2612-4C6D-4E36-AF5C-743E4657324C ATTACHMENT 2 Page 173
At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement.

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

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

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

COUNTY OF SANTA CLARA TOWN OF LOS GATOS
Signature: Signature:

Jeffery V. Smith
County Executive
Date:

APPROVED AS TO FORM AND LEGALITY
Willie Nguyen
Deputy County Counsel
Date:

Laurel Prevetti, Town Manager
Date:______________________
APPROVED AS TO FORM:
___________________________
Robert Schultz
Interim Town Attorney
Date:_______________________

First Amendment to Agreement -
Countywide Household Hazardous Waste Collection Program DocuSign Envelope ID: D83B2612-4C6D-4E36-AF5C-743E4657324C 5/14/2022
5/16/2022

ATTACHMENT C-1: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2022-2023*
2022/Month Day Date Location Type of Event County Holidays/ Notes July Fri 1 San Jose Permanent
Saturday 2 No Event No Event 4th OF JULY WEEK
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Fri,Sat 8,9 San Martin Permanent
Thurs,Fri 14,15 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
August Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri,Sat 5,6 San Martin Permanent
Thurs,Fri 11,12 San Jose Permanent
Saturday 13 Mountain View Temporary TBD
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Thurs,Fri,Sat 25,26,27 San Jose Permanent
Wed 31 San Jose Permanent
September Thurs,Fri 1,2 San Jose Permanent
Saturday 3 No Event No Event LABOR DAY WEEKEND
Thurs,Fri,Sat 8,9,10 San Jose Permanent
Fri,Sat 9,10 San Martin Permanent
Wed,Thurs,Fri 14,15,16 San Jose Permanent
Saturday 17 Santa Clara Temporary TBD
Thurs,Fri,Sat 22,23,24 San Jose Permanent
Thurs,Fri 29,30 San Jose Permanent
October Sat 1 San Jose Permanent
Wed,Thurs,Fri,Sat 5,6,7,8 San Jose Permanent
Fri,Sat 7,8 San Martin Permanent
Thurs,Fri 13,14 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
November Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Wed, Thurs 9,10 San Jose Permanent
Fri 11 No Event No Event VETERANS DAY
Saturday 12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Wednesday 23 San Jose Permanent
Thurs,Fri,Sat 24,25,26 No Event No Event THANKSGIVING
Wed 30 San Jose Permanent
December Thurs,Fri,Sat 1,2,3, San Jose Permanent
Fri, Sat 2,3 San Martin Permanent
Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Wed,Thurs 21,22 San Jose Permanent
Fri,Sat 23,24 No Event No Event CHRISTMAS
Wed,Thurs 28,29 San Jose Permanent
Fri,Sat 30,31 No Event No Event NEW YEAR'S DAY
*SUBJECT TO CHANGE
HHW SCHEDULE FOR FISCAL YEAR 2022/2023*
First Amendment to Agreement -
Countywide Household Hazardous Waste Collection Program Page 3 of 4 DocuSign Envelope ID: D83B2612-4C6D-4E36-AF5C-743E4657324C

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

First Amendment to Agreement -
Countywide Household Hazardous Waste Collection Program DocuSign Envelope ID: D83B2612-4C6D-4E36-AF5C-743E4657324C

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

AGREEMENT FOR COUNTYWIDE

HOUSEHOLD HAZARDOUS WASTE

COLLECTION PROGRAM
This Agreement is made by and between the (CITY) and the County of Santa Clara (COUNTY) on the day of 2021.

RECITALS
WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the County and cities and towns participating in the Countywide program will have an opportunity to safely dispose of household hazardous wastes (HHW), regardless of the specific location at which the collection has been scheduled; and
WHEREAS, CITY desires to provide residents with convenient opportunities to safely dispose of their HHW in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, CITY desires to provide a safe, convenient, and economical means for residents to dispose of HHW. These wastes include, but are not limited to, common household products such as household cleaning products, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste; and
WHEREAS, CITY desires to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2022 through FY 2024 (July 1, 2021 – June 30, 2024); and WHEREAS, CITY desires to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in its jurisdiction; and WHEREAS, CITY desires to participate in the Countywide Household Hazardous Waste Collection Program to meet these objectives; and
WHEREAS, pursuant to Public Resources Code Section 41901, the County Board of Supervisors has approved the collection of a $4.10 per ton Countywide AB939 Implementation fee, including a $2.60 per ton Household Hazardous Waste Fee (AB939 HHW Fee), for FY 2022 through FY 2024 (July 1, 2021 – June 30, 2024) on all wastes landfilled or incinerated within the County, received at any non-disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County, collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County, or removed from any location in the county by any person or business for disposal or incineration outside the County; and DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B Town of Los Gatos
DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78 17th June

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

NOW THEREFORE, CITY and COUNTY AGREE AS FOLLOWS:

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

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

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

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

C. Variable Cost Per Car is the cost associated with labor, waste disposal, transportation, and other services provided to residents at the County HHW Collection Facilities and at temporary HHW collection events. The Variable Cost Per Car is based on the estimated cost of providing a base level service to 4% of DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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

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

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

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

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

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

5. SAN JOSÉ FACILITY USE SURCHARGE
The total San José Facility Use Surcharge for CITY will be based on CITY residents’ proportional participation at the County Household Hazardous Waste Collection Facility located DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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

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

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

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

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

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

DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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

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

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

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

10. TEMPORARY HHW EVENTS
COUNTY shall conduct Temporary HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. / /
DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Hazardous Waste Collection Program Page 6 of 26

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

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

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

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

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

A) GOVERNMENT AGENCIES
Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program’s published rates for CESQGs.
/ /
DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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Hazardous Waste Collection Program Page 7 of 26

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

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

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

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

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

DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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

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

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

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

19. OUTSIDE FUNDING
During the term of this Agreement, COUNTY may seek outside funding sources for services that would supplement existing HHW services such as permanent collection sites, equipment, retail take-back collection and operational funding. If outside funding is obtained, the CoHHW Program will, at COUNTY’s discretion, proceed with development of additional programs using that outside funding without drawing on CITY’s funding provided under this Agreement.
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66,018
DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide Household
Hazardous Waste Collection Program Page 9 of 26

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

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

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

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

22. PRIVATE SPONSORED EVENTS
COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions, including the CITY, and the COUNTY, as described in Section 26 of this Agreement. Summary information concerning these corporate sponsored events, if any, will be included in the CoHHW Program’s annual report to the participating jurisdictions.
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23. INSURANCE REQUIREMENTS
Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY.

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

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

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

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

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

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

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

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

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

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

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

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

28. TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 2021 to June 30, 2024, or until all revenue from the last quarter’s AB939 fee payments have expended and/or distributed, whichever is later.
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29. INDEPENDENT CONTRACTOR
Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties.

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

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

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

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

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

34. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect Los Gatos Dan Keller
Facilities and Environmental Services Manager
41 Miles Avenue
Los Gatos, CA 95030
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as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

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

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

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

STEPHANIE SAFDI
Deputy County Counsel
Attachments:

A Projected Fiscal Years 2022, 2023, and 2024 AB939 HHW Fee Funding Allocation by Jurisdiction
B Estimated HHW Program Fixed Costs for Fiscal Years 2022, 2023, and 2024 C HHW Schedule of Collection Events for Fiscal Year 2022 D Household Hazardous Waste Emergency Collection Plan
E Exhibit B-2D (revised) Insurance Requirements for Environmental Services Contracts 2378821

LOS GATOS

TOWN MANAGER
APPROVED AS TO FORM:
__________________________
Robert Schultz
Town Attorney
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ATTACHMENT A: PROJECTED FISCAL YEARS 2022-2024 ANNUAL HHW FEE

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

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

FIXED COST
Staff Salary and Benefits $1,568,216
County Admin Overhead $421,899
County Counsel $13,650
Phones and Communications $10,605
Facilities Lease Costs San Jose $176,572
Vehicle Costs $34,125
Office Supplies and postage $1,916
Maintenance, Software $115,500
HHW Hotline $50,000
Garbage & Utilities $36,488
Membership & Dues $15,750
Training & Conference $5,250
Safety Wear $21,840
Printing $13,583
Other Services & Supplies $56,175
ESTIMATED ANNUAL TOTAL $2,541,568
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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022*
2021/Month Day Date Location Type of Event County Holidays/ Notes July Thurs,Fri 1,2 San Jose Permanent
Saturday 3 No Event No Event 4th OF JULY WEEK
Wed,Thurs,Fri,Sat 7,8,9,10 San Jose Permanent
Fri,Sat 9,10 San Martin Permanent
Thurs,Fri,Sat 15,16,17 San Jose Permanent
Saturday 17 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 21,22,23,24 San Jose Permanent
Thurs,Fri,Sat 29,30,31 San Jose Permanent
August Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri,Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Saturday 14 Mountain View Temporary TBD
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri,Sat 26,27,28 San Jose Permanent
September Wed,Thurs,Fri 1,2,3 San Jose Permanent
Saturday 4 No Event No Event LABOR DAY WEEKEND
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Fri,Sat 10,11 San Martin Permanent
Wed,Thurs,Fri,Sat 15,16,17,18 San Jose Permanent
Saturday 18 Santa Clara Temporary TBD
Wed,Thurs,Fri,Sat 22,23,24,25 San Jose Permanent
Thursday 30 San Jose Permanent
October Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
November Wed,Thurs,Fri,Sat 3,4,5,6 San Jose Permanent
Fri, Sat 5,6 San Martin Permanent
Fri,Sat 12,13 San Jose Permanent
Wed,Thurs,Fri,Sat 17,18,19,20 San Jose Permanent
Tuesday 23 San Jose Permanent
Thurs,Fri,Sat 25,26,27 No Event No Event THANKSGIVING
December Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Wed,Thurs,Fri,Sat 8,9,10,11 San Jose Permanent
Thurs,Fri,Sat 16,17,18 San Jose Permanent
Tues,Wed,Thurs 21,22,23 San Jose Permanent
Fri,Sat 24,25 No Event No Event CHRISTMAS
Tues,Wed,Thurs 28,29,30 San Jose Permanent
Friday 31 No Event No Event NEW YEAR's DAY
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ATTACHMENT C: HHW SCHEDULE OF PERMANENT & TEMPORARY
COLLECTION EVENTS FOR FISCAL YEAR 2021-2022* (Continued) 2022/Month Day Date Location Type of Event County Holidays/ Notes 2022/Jan Saturday 1 No Event No Event NEW YEAR's DAY
Thurs,Fri,Sat 6,7,8 San Jose Permanent
Fri, Sat 7,8 San Martin Permanent
Wed,Thurs,Fri,Sat 12,13,14,15 San Jose Permanent
Saturday 15 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 19,20,21,22 San Jose Permanent
Thurs,Fri,Sat 27,28,29 San Jose Permanent
Saturday 29 Santa Clara Temporary TBD
February Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Thurs,Fri,Sat 24,25,26 San Jose Permanent
March Wed,Thurs,Fri,Sat 2,3,4,5 San Jose Permanent
Fri, Sat 4,5 San Martin Permanent
Thurs,Fri,Sat 10,11,12 San Jose Permanent
Wed,Thurs,Fri,Sat 16,17,18,19 San Jose Permanent
Wed,Thurs,Fri,Sat 23,24,25,26 San Jose Permanent
April Fri,Sat 1,2 San Jose Permanent
Fri, Sat 1,2 San Martin Permanent
Wed,Thurs,Fri,Sat 6,7,8,9 San Jose Permanent
Saturday 9 Los Altos Temporary TBD
Thurs,Fri,Sat 14,15,16 San Jose Permanent
Saturday 16 Sunnyvale Temporary TBD
Wed,Thurs,Fri,Sat 20,21,22,23 San Jose Permanent
Thurs,Fri,Sat 28,29,30 San Jose Permanent
Saturday 30 Santa Clara Temporary TBD
May Wed,Thurs,Fri,Sat 4,5,6,7 San Jose Permanent
Fri, Sat 6,7 San Martin Permanent
Thurs,Fri,Sat 12,13,14 San Jose Permanent
Wed,Thurs,Fri,Sat 18,19,20,21 San Jose Permanent
Thurs,Fri 26,27 San Jose Permanent
Saturday 28 No Event No Event MEMORIAL DAY WEEKEND
June Wed,Thurs,Fri,Sat 1,2,3,4 San Jose Permanent
Fri, Sat 3,4 San Martin Permanent
Thurs,Fri,Sat 9,10,11 San Jose Permanent
Wed,Thurs 15,16 San Jose Permanent
Friday 17 No Event No Event JUNETEENTH DAY
Saturday 18 San Jose Permanent
Saturday 25 Milpitas Temporary TBD
Thurs,Fri,Sat 23,24,25 San Jose Permanent
Wed,Thurs 29,30 San Jose Permanent
*SUBJECT TO CHANGE

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ATTACHMENT D:

COUNTY HOUSEHOLD HAZARDOUS WASTE

EMERGENCY COLLECTION PLAN

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

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

2. Timing of HHW

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

3. Public Information/Notification:

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

4. State HHW Collection Permits

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

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

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

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

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

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

Services to businesses will be provided on a cost recovery basis and according to Section 12 of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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

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

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

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

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

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

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

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

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

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

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

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

INSURANCE REQUIREMENTS FOR

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

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

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

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

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

ATTACHMENT E
DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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

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

D. Insurance Required

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

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

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

Additional Insured Endorsement, which shall read:
“County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.”
Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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

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

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

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

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

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

DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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

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

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

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

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

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

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

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

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

F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

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

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

DocuSign Envelope ID: 09BA3F2C-1E27-4CE8-96E6-870012503D6B DocuSign Envelope ID: D381DA68-A1BC-4CC9-A730-40DA9E44CE78

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the _________ day of ____________ 2021. The term CITIES may refer to CITIES collectively or individually.

RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing a countywide integrated waste management plan; WHEREAS, State law, Public Resource Code Section 41750, requires that the countywide integrated waste management plans contain a household hazardous waste (“HHW”) element for each city within the county as well as for the unincorporated area of the county; WHEREAS, the County of Santa Clara Board of Supervisors (“Board”) has imposed a Countywide AB939 Implementation Fee (“Fee”) since July 1, 1992 to pay for the costs of preparing, adopting, and implementing integrated waste management plans and programs, including HHW program elements;
WHEREAS, the Board has approved reimposing the Fee for Fiscal Years 2022, 2023, and 2024 (July 1, 2021 through June 30, 2024) at $4.10 per ton of waste landfilled or incinerated in the County; received at any nondisposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; and removed from any location in the County by any person or business for disposal or incineration outside the County; WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary to meet HHW planning and management requirements under State law;
WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground or in any other manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3 ATTACHMENT 3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

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

NOW THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS:

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

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

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

COUNTY shall require each landfill and non-disposal facility to submit required payment, documentation of tonnages disposed, and state-mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non-disposal facility operators.
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DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

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

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

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

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

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

COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

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

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

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

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

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

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

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

DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

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

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

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

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

City of
Contact:

Title:

Address:

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

17. CONTROLLING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
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Town of Los Gatos
Dan Keller
Facilities and Environmental Services Manager
41 Miles Avenue, Los Gatos, CA 95030
DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

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

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

20. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.
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DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

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

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

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

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

STEPHANIE SAFDI
Deputy County Counsel

LOS GATOS

TOWN MANAGER
APPROVED AS TO FORM:
___________________________

ROBERT SCHULTZ
Town Attorney
DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3 5/5/2021

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

EXHIBIT A

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

NON-DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN

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

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

Premier Recycle Facility
Recology Silicon Valley Processing and Transfer Facility The Recyclery at Newby Island
San Martin Transfer Station
Smurfit-Stone Recycling San Jose Facility
South Valley Organics
Stanford Recycling Center and Direct Transfer Facility
Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Valley Recycling San Jose CDI Processing/Transfer Facility Wood Processing Facility at Recology Pacheco Pass
Z-Best Composting Facility
Zanker Materials Processing Facility
Zanker Road Class III Landfill
Zero Waste Energy Development Company Anaerobic Digestion Facility DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

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

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

DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

EXHIBIT C

COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW Fee)

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

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

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

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

E. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at Nonprofit Charitable Reuser organizations as defined in Public Resources Code Section 41904.
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DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

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

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

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

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

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

5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $58.20 per car for DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

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

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

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

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

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

DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

EXHIBIT D
SECTION 28 OF AGENCY AGREEMENT

FOR COUNTYWIDE HOUSEHOLD HAZARDOUS

WASTE COLLECTION PROGRAM

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

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

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

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

DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

Agreement for Countywide AB939
Implementation Fee FYs 2022 - 2024

COUNTY shall require Conditionally Exempt Small Quantity Generators (“CESQG”) and Nonprofit Charitable Reusers to indemnify COUNTY for, at minimum, their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY’s apportioned share of any liability for household hazardous waste.
2378874
DocuSign Envelope ID: BA355E69-D89E-481D-9BF3-1359B4C306D3

PREPARED BY: Monica Renn
Economic Vitality Manager
Reviewed by: Town Manager, Town Attorney, Community Development Director, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 10
DATE: April 27, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Rescind and Replace the Town’s Economic Recovery Resolution 2022-066 with Draft Economic Recovery Resolution (Attachment 1) to Continue to Support the Town’s Economic Recovery Efforts, Including the Completion of the Construction and Implementation of the Semi-Permanent Parklet Program, and to Allow Time for the Planning Commission and Town Council to Consider Implementing Amendments to the Town Code that Reflect the Streamlining Efforts of the Resolution.

RECOMMENDATION:

Rescind and replace the Town’s Economic Recovery Resolution 2022-066 with Draft Economic Recovery Resolution (Attachment 1) to continue to support the Town’s economic recovery efforts, including the completion of the construction and implementation of the semipermanent parklet program, and to allow time for the Planning Commission and Town Council to consider implementing amendments to the Town Code that reflect the streamlining efforts of the Resolution.

BACKGROUND:

The Town Council remains proactive, adaptive, and flexible in its efforts and actions to support the business community through the dynamic economic recovery environment created by the COVID-19 pandemic. The Council has been steadfast in its support of the Town’s business community, while delicately balancing competing interests and continuing to consider additional options to provide available assistance.

One key element of continued economic recovery support is the currently adopted Economic Recovery Resolution, Resolution 2022-066, which provides flexibility and additional opportunities for businesses to adapt to the dynamic environment.

PAGE 2 OF 4
SUBJECT: Approve an Extension to the Economic Recovery Resolution DATE: April 27, 2023
BACKGROUND (continued):

Some of the ongoing opportunities of note in the Resolution include: Town-subsidized business permits; the ability for private commercial properties to flex their space for outdoor dining and other business opportunities; the subsidized semi-permanent parklet program with grant funding allocated by the Town Council using American Rescue Plan Act (ARPA) funds; streamlined opportunities that reduce cost and timelines for businesses to locate, relocate, bifurcate, and evolve within the Town; and time extensions on the expiration of permits.

At the direction of the Town Council, these efforts and initiatives have provided many businesses with new options and flexibility to pivot during some of the most trying economic times. In addition, the Town Council adopted updated Strategic Priorities in January 2023, which continue to prioritize Economic and Community Vitality efforts including business process and permit streamlining.

The Economic Recovery Resolution was first adopted on May 26, 2020, then extended on three subsequent occasions with the current, Resolution 2022-066, sunsetting on June 30, 2023. As the Town Council continues to acknowledge the successful support and process streamlining the Resolution provides the Town’s business community, staff is recommending another extension to the Resolution (Attachment 1), until October 31, 2023.

DISCUSSION:

Since the semi-permanent parklet program and grant funding structure were adopted on April 20, 2021, Town staff has been working continuously with stakeholders to implement the semipermanent parklet program. This project originally set a completion date of December 31, 2022, requiring all parklets to be fully built with final inspection approval, and the required paperwork filed for grant payment. Given the disruption in supply chains, increased costs of labor and materials, and most notably, the severe winter storms of December 2022 through April of 2023, parklet project timelines have been extended and many put completely on hold and the stakeholders were unable to move forward with completing the parklet build-outs.

Thus, staff is recommending additional time for the stakeholders to complete the work, and submit their documents for grant funding. The Town Council previously allocated the funds for the semi-permanent parklet program using existing Downtown Revitalization Funds and ARPA funding. The time extension will not increase the amount needed to fund the program.

The chart below offers a snapshot of general phases in the parklet design and construction process, with the column on the right noting the number of semi-permanent parklets currently in that phase.

PAGE 3 OF 4
SUBJECT: Approve an Extension to the Economic Recovery Resolution DATE: April 27, 2023
DISCUSSION (continued):

PARKLET PHASES # OF

PARKLETS
Parklet complete, full grant issued 20
Parklet complete, awaiting grant documents or grant payment in process 5 Parklet in construction 1
Parklet building permit issued and agreements executed 10* Parklet in design, building permit review, or agreement processing phase 0 * Of these ten businesses, three have indicated they no longer plan to build a parklet; and six businesses will be combining efforts to construct three large parklets, internally divided.

In addition to completing the construction phase of the semi-permanent parklet program, staff has been working to evaluate the economic vitality opportunities and flexibility provided by the Economic Recovery Resolution since its original adoption in June of 2020, and craft proposed Town Code amendments that enhance, support, and extend this streamlining. It is not anticipated that this work could be completed by the sunset date of Resolution 2022-066. For this reason, staff is recommending an extension of the temporary streamline options to remain consistent for businesses until a time in which the proposed amendments may be fully discussed and vetted by both the Planning Commission and Town Council.

In consideration of the need for this extension, staff recognizes that the local, state, and federal emergency orders regarding the COVID-19 pandemic have all been rescinded, thus the proposed draft Economic Recovery Resolution does not cite these documents and recognizes that while the emergency orders are no longer in place, the lasting effects of the pandemic still exist as challenges for the Town’s business community. An extension of the streamlining efforts offers additional support to the Town’s business retention and attraction efforts.

CONCLUSION:

Town staff recommends that the Town Council rescind Resolution 2022-066 and adopt the attached draft Economic Recovery Resolution to allow additional time for the completion of the construction and implementation of the semi-permanent parklet program and allow time for the Planning Commission and Town Council to consider implementing amendments to the Town Code that reflect the streamlining efforts of the Resolution. The Planning Commission began their discussion and recommendations to the Town Council on April 26, 2023 and Town Council is tentatively scheduled to discuss the Commission’s recommendations at its June 20, 2023 meeting.

PAGE 4 OF 4
SUBJECT: Approve an Extension to the Economic Recovery Resolution DATE: April 27, 2023
COORDINATION:

The preparation of this report was coordinated with the Community Development Department and Town Attorney’s office.

FISCAL IMPACT:

Funding for the Economic Recovery efforts supported by the Economic Recovery Resolution have been previously allocated by the Town Council.

ENVIRONMENTAL ASSESSMENT:

The program extended by this resolution is statutorily and categorically exempt from CEQA as outlined in the resolution.

Attachment:

1. Draft Economic Recovery Resolution

1 of 5
Resolution 2023- May
ATTACHMENT 1
RESOLUTION 2023-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

APPROVING OUTDOOR PUBLIC SPACE EXPANSION AND TEMPORARY

MODIFICATIONS TO SPECIFIC PROVISIONS RELATED TO BUSINESS PERMITS,

PROCESSES, PROVISIONS, AND ACTIVITIES TO CONTINIE TO OFFER ECONOMIC

RECOVERY OPPORTUNITIES FOR COMMUNITY AND ECONOMIC VITALITY WHEREAS, pursuant to the Town’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the Town Council has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the Town and its residents; and
WHEREAS, due to the severe economic impacts of the COVID-19 Pandemic and its economic impacts that followed including supply chain disruptions and inflation causing hardship on the community and the Town organization, the Town Council deems it necessary to take additional action to suspend enforcement of certain provisions of the Town of Los Gatos Town Code and provide temporary process streamlining measures to facilitate the retention and attraction of Los Gatos businesses, reduce economic impacts, foster recovery, encourage economic vitality, and reduce commercial vacancies; and WHEREAS, while the emergency orders for the recent COVID-19 Pandemic have been lifted, the ongoing effects of the Pandemic, harsh winter storms, and inflation and supply chain issues have created difficult and negative impacts on the Los Gatos business community; and WHEREAS, on June 3, 2020, in response the COVID-19 Pandemic, the Town of Los Gatos adopted Economic Recovery Resolution 2020-022, which has since been extended and expanded to include the current Resolution 2022-066 sunset date of June 30, 2023, and includes many of the provisions of this Resolutions; and WHEREAS, the Town Council for the Town of Los Gatos continues to prioritize economic recovery through increased flexibility and opportunity; business permit streamlining, and economic and community vitality; and
WHEREAS, the Town of Los Gatos staff are working on Town Code amendments for consideration by the Planning Commission and Town Council to memorialize many of the streamlining efforts captured in the Economic Recovery Resolution to support continued economic recovery, increased business flexibility and opportunities, and generally support the Town’s business community through retention and attraction efforts that will not be completed by the sunset date of June 30, 2023, of the current Economic Recovery Resolution 2022-066; and

2 of 5
Resolution 2023- May
ATTACHMENT 1
WHEREAS, the winter storms in December 2022 through April of 2023 created an environment that was not conducive to parklet construction, thus it is no longer reasonable to expect the Semi-Permanent Parklet construction to be complete by June 30, 2023; and WHEREAS, the Town will continue to facilitate the construction of a semi-permanent parklet program that allows for outdoor dining and flex space to exist in the public-right-of-way and on-street parking spaces through public-private partnerships between the Town of Los Gatos and Los Gatos businesses. The program would provide for residents to receive the health and wellness benefits of being outdoors and support business’ customers with enough space to safely physically distance when preferred; and

WHEREAS, on May 26, 2020, the Town Council allocated American Recovery Plan Act (ARPA) dollars, and reallocated prior surpluses reserved for downtown streetscape revitalization toward a Semi-Permanent Parklet Program, in the name of COVID-19 economic stimulus recovery efforts totaling $1,900,000. This is one of the single largest economic recovery packages ever proposed in the Town’s history; and WHEREAS, extending many of the streamlining and recovery efforts of previous Economic Recovery Resolutions (2020-022; 2021-051, 2022-066), and included within this Resolution until October 31, 2023, allows for the Town’s deciding bodies to thoughtfully consider next steps in the continuation of business permit and process streamlining and economic vitality efforts; and allows for business stakeholders who have already been approved for a Semi-Permanent Parklet to complete parklet construction.

NOW, THEREFORE, BE IT PROCLAIMED AND RESOLVED by the Town Council of the Town of Los Gatos that:

SECTION 1. All recitals set forth above, are adopted as though fully set forth herein as findings in support of this Resolution and, after considering all such findings and current local circumstances the Council hereby declares the continuing existence of a need to support economic recovery as a result of the COVID-19 Pandemic.

SECTION 2. In order to support the ongoing economic recovery and support of the Los Gatos business community, the Town Council hereby directs and authorizes the Town Manager to implement the following strategies that may be used independently or in combination, as outlined below:

1. As identified by the Town generally along N. Santa Cruz Avenue (south of Highway 9/Los Gatos-Saratoga Road) and Main Street, private businesses in the C-2 Zone are permitted to construct a parklet within existing public street parking spaces in conjunction with an approved Semi-Permanent Parklet application and executed parklet agreement(s) with the Town;

3 of 5
Resolution 2023- May
ATTACHMENT 1

2. Suspend parking requirements in private commercial lots to allow some parking spaces to be utilized for restaurant seating or business activities given sufficient parking remains available for customer use, and to allow for such to facilitate safely distanced pedestrian circulation, expanded outdoor dining and alcohol service, customer queuing, and pickup and waiting areas associated with permitted business activities and pursuant to the terms of agreed upon in an Economic Recovery agreement between the business and the Town;

3. Allow the usage of the sidewalk for signage, merchandise, and queueing, where adequate sidewalk width exists consistent with disabled access requirements and public safety;

4. Current Los Gatos businesses may relocate, expand, or open an additional business location without obtaining a new Conditional Use Permit provided the business enters into an Economic Recovery agreement with the Town, documenting that any change of ownership is subject to a new Conditional Use Permit or Conditional Use Permit modification consistent with the existing Town Code;

5. The requirement for personal service businesses to obtain a Conditional Use Permit in the C-2 zone is suspended, and personal service businesses may locate within Office Zones (O), provided the business enters into an Economic Recovery agreement with the Town, documenting that any change of ownership is subject to a new Conditional Use Permit, or must comply with current provisions consistent with the existing Town Code;

6. The requirement for up to a total of four (4) markets, bars and/or other miscellaneous commercial businesses to obtain a Conditional Use Permit in the C-2 zone is suspended provided the business enters into an Economic Recovery agreement with the Town, documenting that any change of ownership is subject to a new Conditional Use Permit consistent with the existing Town Code;

7. The cost for a new Conditional Use Permit is reduced by 50% with the Town paying the balance of the fees;

8. Alcohol consumption is permitted with meals in Town parks;

9. The expiration date for all building permits and planning entitlements shall be extended by two years.

4 of 5
Resolution 2023- May
ATTACHMENT 1
SECTION 4. Environmental Review. The proposed project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) as follows:

A. The project is categorically exempt under State CEQA Guidelines Section 15301 Existing Facilities) because the actions identified in the program are limited to the permitting, leasing, and minor alteration of existing public facilities, including existing streets and sidewalks which would not result in the creation of additional automobile lanes. The program would result in a negligible expansion of existing commercial uses and a negligible expansion of the public’s use of Town right-of-way, as the uses included in the temporary program would not vary from the current uses of commercial businesses, residential areas, or public access within the Town’ s right-of-way.

SECTION 5. Notwithstanding any other Town policy or procedure, the Town Engineer shall be authorized to review and approve on behalf of the Town any and all design and construction necessary as part of the temporary program herein and the Town Manager shall be authorized to enter into agreements on behalf of the Town to implement the strategies herein without further action of the Town Council.

SECTION 6. Any provision of the Los Gatos Town Code or any appendix thereto inconsistent with the provisions of this Resolution, to the extent of such inconsistencies, is hereby repealed or modified to that extent necessary to affect the provisions of this Resolution.

SECTION 7. This resolution remains in place until October 31, 2023.

5 of 5
Resolution 2023- May
ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2
nd day of May, 2023 by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

PREPARED BY: Heather St. John
Senior Administrative Analyst
Reviewed by: Town Manager, Police Chief, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
ITEM NO: 11
DATE: April 20, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve a First Amendment to the Axon Body Worn Camera Agreement for an Increase of $25,095 for a Total Agreement Not-to-Exceed Amount of $275,629 Consisting of the Following:
a. Increase Total Quantity of Axon Body-Worn Camera Equipment and Charging Docks Not to Exceed a Total of $15,095; and
b. Increase Axon Digital Evidence Storage Capacity for Audio and Video Recordings Not to Exceed a Total of $10,000
RECOMMENDATION:

Approve a first amendment to the Axon Body Worn Camera agreement for an increase of $25,095 for a total agreement not-to-exceed amount of $275,629 consisting of the following:
a. Increase total quantity of Axon body-worn camera equipment and charging docks not to exceed a total of $15,095; and
b. Increase Axon digital evidence storage capacity for audio and video recordings not to exceed a total of $10,000.

BACKGROUND:

On February 18, 2020, the Town Council approved allocation of $377,130 of total funding to authorize the Town Manager to execute two five-year agreements with Axon Enterprises Inc. for the purchase and maintenance of Body-Worn Cameras (BWC) and conducted energy weapons (Tasers). The Axon Enterprises Inc. BWC original agreement totaled $250,534 of the $377,130 authorized amount, which consisted of body-worn cameras and digital evidence storage and maintenance for the duration of the agreement term through FY 2023/24.

PAGE 2 OF 3
SUBJECT: Approve a First Amendment to the Axon Body Worn Camera Agreement DATE: April 20, 2023
BACKGROUND (continued):

The Los Gatos-Monte Sereno Police Department was a pioneer in Santa Clara County in deploying Officers with body-worn cameras (BWC) beginning in 2008. In 2020, the Town’s Information Technology Department and Police Department identified Axon Enterprises Inc. as a preferred sole source vendor with upgraded BWC technology and a digital evidence storage platform for a successful BWC program, in compliance with best practices in accordance with legislative mandates.

The current law enforcement practice is to collect and retain digital evidence on a single operating platform. This allows for seamless collection of BWC audio and video, patrol vehicle in-car camera audio and video as well as other digital evidence. The Axon Enterprise Inc. BWC equipment and data storage platform (Evidence.com) meets these critical needs and benefits the Town, Police Department, and the public through enhanced evidence collection, retention, increased Officer safety, accountability, and transparency.

DISCUSSION:

In 2021, the Town Manager approved a First Amendment with Axon (Attachment 1). The Town Attorney at the time determined that this was within the authority of the Town Manager because the increase in the total agreement was $15,095 and there was an immediate need for the Police Department to implement the new BWC program. At the time, staff recognized that this increase would affect the total dollar amount of the original Axon maintenance agreement and would be required to be brought forward for Council in the future for approval. This item is now before the current Council to provide an opportunity for formal approval of the First Amendment
In 2021, the Department purchased an additional three BWC devices (for a total of 48 total BWC devices), a multi-device charging and digital upload dock, and six individual charging dock replacements. As best practice in accordance with state law and department policies, the additional cameras were purchased to outfit additional field personnel such as Community Service Officers and Reserve Police Officers with BWC technology. In addition, the Department also recognizes that maintaining several readily available replacement cameras allows for individual BWC replacement while faulty equipment is repaired and serviced.

Throughout the past several years, staff has monitored the Axon BWC digital evidence storage use and capacity, and ongoing annual payments for this service. It is anticipated that prior to the end of the Axon Enterprises Inc. BWC and digital storage agreement term in FY 2023/24, digital evidence storage capacity may need to be increased to accommodate an increase in BWC video within the Axon Evidence.com system. Staff estimates a total increase of up to $10,000 for ongoing payments related to additional storage capacity for the remainder of the original agreement term.

PAGE 3 OF 3
SUBJECT: Approve a First Amendment to the Axon Body Worn Camera Agreement DATE: April 20, 2023
DISCUSSION (continued):

Staff is bringing forward this amendment to Axon’s Enterprises Inc. original BWC agreement to document the purchase of additional equipment and maintenance services, and potential funding for additional digital storage capacity.

CONCLUSION:

Approve the first amendment to the Axon Body Worn Camera agreement for an increase of $25,095 for a total agreement not-to-exceed amount of $275,629.

FISCAL IMPACT:

The addition of three body-worn cameras purchased in 2021 increased the annual maintenance costs within the original Axon Enterprises Inc. agreement for payments due in FY 2022/23 and in FY 2023/24 by a total of $15,095. There is sufficient funding in the FY 2022/23 Police Department operating budget to cover the increased cost of the additional maintenance services. In addition, funding for the anticipated increase in potential additional digital storage capacity for the remainder of the agreement term has been programmed in the proposed FY 2023/24 Police Department operating budget.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachment:

1. First Amendment with Original Agreement

DocuSign Envelope ID: CFD0B8B2-6D2E-4DFD-9A17-2E39EC53F47F AGR J.O. o3 'i IHH ____ _
�AXON Master Services and Purchasing Agreement
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc::., a Delaware corporation ("Axon"), and the agency on the Quote ("Agency"). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the quote ("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties•. This Agreement governs Agency's purchase and use of the Axon Devices and Services detailed in the Quote Appendix ("Quote"). The Parties therefore agree as follows:
1 Term. This Agreement begins on the Effective Date and continues until terminated pursuant to this Agreement ("Term"). Agency may renew this Agreement for an additional 5 years upon execution of a new quote. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first. 2 Definitions.
"Axon Cloud Services" means Axon's web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Evidence.com and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. "Axon Devices" means all hardware provided by Axon under this Agreement. "Quote" means an offer to sell and is only valid for devices and services on the quote at the specified prices.

Any terms within Agency's purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon, and Axon reserves the right to cancel any orders resulting from such errors. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.
3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Agency is responsible for collection and attorneys' fees. 4 .Iit!n. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate.
5 Shipping. Axon may make partial shipments and ship Devices from multiple locations. All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon's delivery to the common carrier. Agency is responsible for any shipping charges in the Quote. 6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.
7 Warranty.

7.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for 1 year from the date of Agency's receipt, except Signal Sidearm, which Axon warrants for 30 months from the date of Agency's receipt. Axon warrants its Axon-manufactured accessories for 90-days from the date of Agency's receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run Title: Master Services and Purchasing Agreement between Axon and Agency Department: Legal
Version: 8.0
Release Date: 11/8/2019 Page 1 of 32

PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Police Chief, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 5/2/2023
ITEM NO: 11

DESK ITEM
DATE: May 2, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve a First Amendment to the Axon Body Worn Camera Agreement for an Increase of $25,095 for a Total Agreement Not-to-Exceed Amount of $275,629 Consisting of the Following:
a. Increase Total Quantity of Axon Body-Worn Camera Equipment and Charging Docks Not to Exceed a Total of $15,095; and
b. Increase Axon Digital Evidence Storage Capacity for Audio and Video Recordings Not to Exceed a Total of $10,000
REMARKS:

Staff is recommending deferral to May 16, 2023, to allow the preparation of a second amendment to the agreement.

Attachments Previously Received with the Staff Report:

1. First Amendment with Original Agreement

PREPARED BY: Tracy Wang
Transportation and Mobility Manager
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 12
DATE: April 18, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the 2022 Complete Streets Transportation Commission (CSTC) Accomplishments and Provide Direction on the CSTC 2023 Work Plan RECOMMENDATION:

Receive the 2022 Complete Streets Transportation Commission (CSTC) accomplishments and provide direction on the CSTC 2023 Work Plan.

BACKGROUND:

The Complete Streets and Transportation Commission was created in 2019 to advise the Town Council on current trends and experience in enhancing all modes of travel in Los Gatos. The emphasis on all modes of transportation included topics such as grants, infrastructure, safety, traffic congestion, traffic calming, and parking, as well as the original responsibility for the review and recommendation of actions related to bikeways, pedestrian paths and walkways, and Safe Routes to School.

Attachment 1 is a summary of CSTC accomplishments for 2022.

In considering its work plan for 2023, the CSTC considered the Town Council Strategic Priorities for 2023-2025. The Traffic and Transportation Strategic Priorities are:

1. Comprehensive Parking Study
- Short, Medium, and Long-Term Actions

2. Transportation Demand Management
- Measure B Transportation Projects Bicycle & Pedestrian Improvements - Bicycle and Pedestrian Improvements
- Community Shuttle
- Summer/Rush Hour/School Traffic

3. Regional Transportation Issues Traffic Calming/Safety for All Users

PAGE 2 OF 3
SUBJECT: Receive the 2023 Complete Streets Transportation Commission Accomplishments and Provide Direction on its 2023 Work Plan DATE: April 18, 2023
BACKGROUND (continued):

Pursuant to the Town Council’s endorsement of the Senior Services Roadmap in February, the Council referred the Year 1 Transportation Action items to the CSTC during the March 7, 2023 meeting, “for consideration and addition to its work plan for 2023.” The Year 1 Action Items in the Senior Roadmap are:
 Form senior transportation advisory committee (tracking, input, advocacy)  Promote availability of mobility options and information  Increase use of existing Bus 27 and advocate for expanded local transit services  First steps:
- Establish collaboration with Commissions and form a Senior Transportation Advisory Committee
- Start exploring shuttle options
- Expand community knowledge of available mobility options - Take action to create a more walkable Town
DISCUSSION:

During its April 2023 meeting, the CSTC discussed the Council Priorities and the Senior Roadmap and voted to create two ad hoc committees: Senior Services Transportation and Transportation Demand Management. A third ad hoc committee was created in February 2023 on the topic of Traffic Safety. The Traffic Safety ad hoc committee has created a charter and basic description of what they plan to tackle and that is presented in Attachment 2.

Staff provided guidance and suggestions for each of the ad hoc committees to consider as they work through their respective topic areas. This information is in Attachment 3.

The Commission also expressed strong interest in the Council Priority related to Summer / Rush Hour / School Traffic and recognized that the issue of addressing school traffic would be best addressed through the Youth Commission. To that end, the CSTC passed a motion to request that Town Council direct the Youth Commission to take up this issue in its work plan.

CONCLUSION:

The 2023 Work Plan recommends tasks specific to Transportation Demand Management (TDM), transportation services for seniors, and traffic calming/safety . This aligns with the purpose of the Commission to focus on all modes of transportation, the Town Council’s strategic priorities, the Senior Services Roadmap, as well as the goals, policies, and action items outlined in the Mobility and Environmental Elements of the General Plan. In addition, the Commission approved the motion to recommend the Youth Commission to take on the task of researching incentives for high schoolers to use alternative modes of travel.

PAGE 3 OF 3
SUBJECT: Receive the 2023 Complete Streets Transportation Commission Accomplishments and Provide Direction on its 2023 Work Plan DATE: April 18, 2023
COORDINATION:

This agenda item was coordinated with the Complete Streets Transportation Commission.

FISCAL IMPACT:

This agenda item has no fiscal impact.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. 2022 CSTC Accomplishments

2. Traffic Safety Ad Hoc Committee Charter

3. 2023 CSTC Work Plan Overview

2022 Complete Streets Transportation Commission Accomplishments

JANUARY:
 Two members of the Commission met with the consultants doing the Roadway Safety Plan for a tour of the Almond Grove.

FEBRUARY:
 Evaluated E-scooters with presentation by Bird, interview with San José, and review of case study from Fairfax, Virginia.

MARCH:
 Received report of the Local Roadway Safety Plan which Town Council approved in April 2022.
 Received update regarding Downtown Parking and Wayfinding.  Conducted an accessible parking audit of downtown.
 ADA Parking - recommended not proceeding with downtown ADA parking pilot based on review of data collected that showed broad availability of van accessible parking. This was presented to Council at its March 1, 2022 meeting.
 Assessed and reported on sufficiency of bike parking at town shopping centers. Provided information to help businesses bring bike parking up to expectations emailing shopping center owners with results from the November 2021 audit and recommendations specific to each shopping center.

APRIL:
 Organized and staffed bike valet parking at Town events such as Spring into Green and the Holiday Parade in December.

MAY:
 Provided an energizer station during Bike to Wherever Days.  E-Scooters – Considered use of e-scooters and did not find a compelling reason to move forward due to staff workload and assumption that the program would mainly be used by non-residents. Council agreed at its June 21, 2022 meeting and work on this effort and other shared mobility ceased.

NOVEMBER:
 Stayed informed and reviewed programs related to Safe Routes to School. This included reviewing results of the 2022 Student Travel Survey results collected in the month of November 2022.
 Safety on Mountain Roads – Recommended signage, sharrows, and Portable Changeable Message Signs for five roads and considered rumble strips for mountain and rural roads with the Town of Los Gatos.

2022 Complete Streets Transportation Commission Accomplishments

CONTINUOUS:
 Stayed informed and reviewed project updates related to Connect Los Gatos projects such as Winchester Complete Streets, Blossom Hill Safety Improvements, the Blossom Hill Bicycle and Pedestrian Overcrossing, and the Shannon Road Bicycle and Pedestrian project. This also included providing input and support for funding plans for the Los Gatos Creek Trail to Highway 9 Trailhead Connector project.
 Accepted verbal reports on projects such as on E. Main Street Crosswalk concept design and recommended support for projects such as the Blossom Hill Road Traffic Safety Project (Camelia Terrace to Cherry Stone) concept design and the funding plan for the Los Gatos Creek Trail to Highway 9 Trailhead Connector project construction.

Ad Hoc Committee on Traffic Safety Background and Charter

The following information is excerpted from information provided by the ad hoc Traffic Safety Committee.

Background
The CSTC has created a new Ad Hoc committee on Traffic Safety. This need has been raised previously, due to concerns about speeding and reckless driving since the pandemic, but has been brought into sharp attention recently, due to the two fatalities on Blossom Hill Road this year.

While this new ad hoc committee still has work ahead of them, they have identified the fact that there are existing studies and roadmaps to understand and improve town traffic safety.

The Los Gatos Local Roadway Safety Plan (LRSP), completed in April 2022, analyzes collision history from 2015-2019, identifies emphasis areas where collisions are more frequent, and makes recommendations to improve safety.

Likewise, the Los Gatos Bike and Pedestrian Master Plan (BPMP), first adopted in 2017 and with a progress report created this year, with an online story map, lays out recommended infrastructure improvements designed to increase safety for cyclists and pedestrians.

The General Plan 2040 (GP2040) Mobility Element (Chapter 5) encompasses many of the recommendations from these two documents.

The Traffic Safety Ad Hoc committee will be reviewing these documents and making recommendations for the highest priority actions, as well as bringing any new recommendations they identify based on new information. We'll also be highlighting recommendations that will impact traffic safety quickly, so that we can see improvements without waiting for long-term infrastructure projects to be completed.

The bottom line is that this is not a new area: studies and prioritizations have already been done and clearly outline the same road and safety problems on our roads. CSTC strongly urges the Town Council to allocate budget for the implementation proposals recommended in the BPMP, LRSP and GP2040.

Charter of the Ad Hoc Committee on Traffic Safety
Prepare a report for the Commission and the Town Council on traffic safety that outlines the most pressing issues, as well as general recommendations for potential solutions. The report should include:
 A review of feedback from town residents on traffic safety issues  Assessment and information gathering about traffic safety measures being implemented by other towns in our area;
 A review of priorities laid out by:
- The General Plan 2040 Mobility Element

Ad Hoc Committee on Traffic Safety Background and Charter

- The Local Roadway Safety Plan
- The Bike and Ped Master Plan
 General recommendations on how to move forward to improve traffic safety. These may include roadway design but should also consider other tools, including:
- Policy
- Technology
- Vehicle safety education
- Bike/ped safety education
- Lighting / visibility
- Signage
- Speed
- Enforcement

2023 CSTC Work Plan Overview

Ad Hoc
Committee
Supports Council Priorities Work Plan Ideas Supports Adopted Plans Transportation
Demand
Management
General Transportation Demand
Management (i.e., overall
reduction in vehicle trips by car)
Bicycle and Pedestrian
Improvement Projects
 Research transit subsidy/reduced fare programs
 Research carpool programs
 Research e-bike rent-to-own/subsidy programs
 Develop map of bike rack locations and recommend
new locations
 Consider long term bike lockers downtown
 Consider e-bike charging stations for downtown
 Recommend outreach ideas for virtual bike detection
technology installed with smart signals program
 Consider ways to increase awareness of the Bicycle
and Pedestrian Master Plan and the Safe Routes to
School Program
 Bike parking audit for shopping centers (Semi-annual) GP MOB-5.1: Support a non-driving Los Gatos by reducing reliance on the automobile and providing alternative modes of transportation.

Senior Services Roadmap goal to expand mobility services - auto, bicycle, walking, & public transportation and task of Achieve increased community use of existing Bus 27 and use data to advocate for expanded local VTA transit services.

Senior
Services
Senior Services Roadmap Year 1
Priorities
Community Shuttle
 Liaison with Senior Commission
 Research shuttle options, especially weekend and
evenings
 Increase use of VTA Bus 27
 Expand community knowledge and promote use of
mobility options
 Consider pedestrian crossing enhancements such as
solar powered flashing beacons
GP MOB-6.6: Coordinate with appropriate agencies to
provide and expand transit services for seniors, school children, low-income people, and people with disabilities.

GP Implementation Program D: Evaluate a community
shuttle system to serve transit needs within the Town limits that is linked to and coordinated with other transit services The Senior Services Roadmap included a goal of enhanced transportation options for older adults of which a key
project is to expand mobility options including evening and weekends. Also supports roadmap goals of immediately
exploring community shuttle options and goal of
implementing community shuttle within three years.

2023 CSTC Work Plan Overview

Ad Hoc
Committee
Supports Council Priorities Work Plan Ideas Supports Adopted Plans Traffic Safety Traffic Calming/Safety for All
Users
 Review resident feedback on areas of concern
 Survey nearby communities and assess safety
strategies they have used
 Review existing planning documents to identify
previously defined priorities
 Develop report with recommendations around
policies, programs and projects
GP MOB-9.1: Consider traffic-calming devices (i.e., lane narrowing, widening medians, or landscaping) to discourage cut-through vehicle traffic, where appropriate
GP MOB-8: Provide a safe, efficient, and well-designed
roadway network transportation system. (street
improvements, roundabouts, safety in roadway design)
May support CHSSC project for advocating for an age
friendly walking plan with relation to " Create a more
walkable Town through safer and more accessible sidewalks and crosswalks, enhance signage, pavement markings,
evaluate extended traffic signal timing"
Refer to Youth
Commission
Summer/Rush Hour/School
Traffic Regional Transportation
Issues
Research what would incentivize high schoolers to not
drive to school
GP ENV-9.9 Carpool, Walk, Bike to School: Work with local school districts to encourage carpooling, walking, and biking to schools

PREPARED BY: Nicolle Burnham
Director, Parks and Public Works
Reviewed by: Town Manager, Town Attorney, Community Development Director, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 13
DATE: April 27, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Report and Provide Direction on Potential Changes to the Town’s Transportation Impact Fee
RECOMMENDATION:

Receive the report and provide direction on potential changes to the Town’s Transportation Impact Fee.

BACKGROUND:

The Town of Los Gatos adopted its first Traffic Impact Policy and Traffic Impact Mitigation Fees in 1991 in accordance with California Mitigation Fee Act (AB 1600). The Town’s current Traffic Impact Policy is defined in Council Policy 1-08 (see Attachment 1). At present, the Town charges new development a traffic impact fee at a rate of $1,015 per new Average Daily Trip.

The Average Daily Trip of every new development is estimated based on engineering analysis provided as part of the development application. A single-family residence generates an average of 9.44 trips per day, and new homes in Los Gatos currently pay an impact fee of $9,581.60. Commercial and multi-family developments pay multiples of the $1,015 depending on the number of vehicle trips expected to be generated, but also receive credits based on existing uses and pass-by trips.

Council Policy 1-08 was last updated in December 2021 to reflect the use of Vehicle Miles Traveled (VMT) as a means of evaluating traffic impacts in addition to the standard level of service/traffic generation model that previously existed. Traffic impact fees were not updated at that time, the Council action from that date authorized staff to update the Traffic Impact Fee.

In 2021 in Assembly Bill 602 the State of California implemented certain changes to AB 1600.

Specifically, jurisdictions that charge impact fees must: 1) complete an impact fee nexus study;

PAGE 2 OF 9
SUBJECT: Provide Direction on Potential Changes to the Transportation Impact Fee DATE: April 27, 2023
BACKGROUND (continued):
2) calculate the fees based on square footage of the proposed units (or justify why square footage cannot be used); and 3) update the nexus study every eight years.

Since early 2022, staff has been working with DKS Associates to complete a transportation nexus study, update the traffic impact fee, and consider a VMT Impact fee. Allowable charges developed through this study must show:

1. A reasonable relationship between new development and the need for public facilities, in this case transportation related infrastructure;

2. A reasonable relationship between new development and the use of fee revenue for public facilities to accommodate that development; and

3. A reasonable relationship between the amount of the fee and the portion of public facilities cost associated with new development.

DISCUSSION:

In their most basic form, transportation related impact fees are calculated by determining the dollar value for the design and construction of improvements deemed necessary to support future development without worsening traffic and dividing the cost of those improvements by the amount of new development projected to occur. Work completed to date and described in this report includes:

1. Identification of projects that would be funded through the impact fee program and their associated design and construction costs;

2. Determination of the amount of development (e.g., number of housing units, amount of retail and commercial, etc.) that would pay into the fee program; and

3. Identification of the resulting maximum fee for each land use type.

In considering this item, Town Council should specifically provide direction regarding: the maximum fee or some lower fee amount; the amount and type of public outreach that should be provided prior to returning to Town Council for fee adoption; and Town Council interest in credit programs to incentivize certain types of development.

Note that in this memo, and in future memos on this topic staff is changing the nomenclature regarding this program. In the past the term Traffic Impact Fee has been used to describe the program and its associated fee. In this memo and in future writings on this topic, the term Traffic Impact Program (TIP) is used to describe the overall fee program. The TIP is comprised of two different fee components:
 Transportation Improvement Fee (TIF): The Transportation Improvement Fee collects funds to expand transportation infrastructure and accommodate increased travel demand from new development. Sample projects include expanding and improving traffic signals, roads, bridges, and safety projects. The current TIF only addresses this component of the fee.

PAGE 3 OF 9
SUBJECT: Provide Direction on Potential Changes to the Transportation Impact Fee DATE: April 27, 2023
DISCUSSION (continued):
 Vehicles Miles Traveled (VMT) Reduction Fee: The VMT Reduction Fee collects funds to decrease demand for driving and focuses on mitigating car travel from new development by supporting other travel modes such as transit, bicycling/walking, and charging for parking.

Sample projects include new bike lanes and sidewalks. This would be a new fee that the Town does not currently have.

PROJECT LIST AND COSTS
As noted above, the proposed TIP is underpinned by a list of projects that the Town would like to see completed to continue to improve traffic and transportation infrastructure and mitigate the impact of future development. The project list was developed from previously adopted planning documents including the Bicycle and Pedestrian Master Plan, the General Plan (2020 and 2040), Local Road Safety Plan, and prior capital improvement project lists. The list was segregated between traffic impact related projects and VMT related projects.

Attachment 2 lists the specific projects included in the fee calculation, their total cost, the amount of funding anticipated from grants or outside sources, and the cost the Town is expected to pay. Table 1 is a summary of the costs developed and included in the fee calculation.

Table 1. Summary of Project Types and Costs
Transportation
Improvement
Fee Project Costs
(2022$)
VMT Reducing
Projects (2022$) Total (2022$)
Total Project Costs $151,132,533 $40,523,441 $191,655,974 Estimated Funding from Other
Source (e.g., grants) $124,228,307 $24,721,584 $148,949,891 Unfunded Cost Allocated to TIP $26,904,227 $15,801,857 $42,706,083 This value of this list is reflective of the ambitious transportation related programs the Town has adopted. Staff worked to reduce the list to the extent feasible, and earlier iterations had unfunded costs allocated to the Town in excess of $90 million. As noted earlier, the dollar value in this list directly effects the value of the calculated impact fee so reducing the number of projects on the list directly reduces the fee.

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SUBJECT: Provide Direction on Potential Changes to the Transportation Impact Fee DATE: April 27, 2023
DISCUSSION (continued):

PROJECTED DEVELOPMENT
Projected development amounts are the second critical component to the fee calculation. The Town’s General Plan 2040 Land Use Element and Draft Housing Element were used as the basis for determining the projected amount of single-family, multi-family, retail, office, and industrial development. To calculate an impact fee, the multi-family, retail, office, and industrial development levels are normalized to “dwelling unit equivalents” (DUEs), where a single-family home is one DUE. This converts residential and non-residential land uses to a common unit in terms trip generation characteristics. In other words, the DUE is equivalent to the travel demand produced by a typical single-family dwelling unit using industry standard trip generation rates. Accounting for all land use types and excluding Accessory Dwelling Units (ADUs), which are currently exempt from paying traffic related fees, the net DUEs projected for Los Gatos is 2,021. This number factors directly into the fee calculations.

Table 2 provides the DUE for each land use type. This factors into how much impact fee a development will pay under the updated fee program.

Table 2. Dwelling Unit Equivalent (DUES) per Land Use Type Land Use
Dwelling Unit
Equivalent
(DUE)
Single-Family (per dwelling unit) 1.00
Multi-Family (per dwelling unit) 0.71
Retail (per 1,000 square feet) 1.40
Office (per 1,000 square feet) 1.23
Industrial (per 1,000 square feet) 0.58

FEE CALCULATIONS
The TIF and the VMT Fee are calculated separately using the project costs show in Table 1 and the net DUE of 2,021. In calculating the proposed fees, the current balance of the Traffic Mitigation Fund (which is the account into which all current impact fees are paid) is subtracted from the unfunded cost allocated to the TIP. Table 3 shows the Transportation Improvement and VMT Fee calculations.

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SUBJECT: Provide Direction on Potential Changes to the Transportation Impact Fee DATE: April 27, 2023
DISCUSSION (continued):

Table 3. Traffic Impact Program Fee Calculation Summary Transportation
Improvements Fee
VMT Fee
Unfunded Cost Allocated to TIP $26,904,227 $15,801,857
Less Existing Mitigation Fee Fund
Balance ($1,319,656) ($775,084)
Total Unfunded Cost Used in
Calculations $25,584,570 $15,026,773
Net DUE’s 2,021 2,021
Cost per DUE $ 12,661 $7,437
In its simplest terms, this means that a new single-family home would pay $20,098 into the TIP, although converting the fee to square footage of the proposed construction (as required per AB602) means the actual fee will vary based on the size of the home. Multi-family, retail, office, and industrial uses would pay multiples of that based on the DUE in Table 2. Table 4 shows the maximum proposed fee per type of development. Attachment 3 compares these fees with the current impact fees for nearby jurisdictions.

Table 4. Maximum Fee per Land Use Type
Land Use / Unit Basis
of Fee
DUE VMT Fee Transportation
Improvement
Fee
Total Fee
Single-Family / per
Dwelling Unit 1.00 $7,437 $12,661 $20,098
Multi-Family / per
Dwelling Unit 0.71 $5,315 $9,050 $14,365
Retail / per 1,000
square feet 1.40 $10,374 $17,663 $28,037
Office / per 1,000
square feet 1.23 $9,141 $15,564 $24,706
Industrial / per 1,000
square feet 0.58 $4,288 $7,300 $11,588
As noted earlier, per AB 602, impact fees for residential must be converted to a per square foot basis. The conversion to square footage is based on the average square footage of the housing type. Table 5 shows this conversion.

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SUBJECT: Provide Direction on Potential Changes to the Transportation Impact Fee DATE: April 27, 2023
DISCUSSION (continued):

Table 5. Conversion to Square Foot Fee for Residential
VMT
Reduction
Fee
TIF Average
Unit Size
VMT Fee
Per Square
Foot
TIF Per
Square
Foot
TIP Fees
Per Square
Foot
Single-Family $ 7,437 $ 12,661 1,671 $ 4.45 $ 7.58 $ 12.03 Multi-Family $ 5,315 $ 9,050 884 $ 6.01 $ 10.23 $ 16.24 Development projects will be required to mitigate their VMT impacts as well as support continued expansion of the transportation network. The VMT mitigation fee will not fully mitigate the impacts of an individual development project and additional mitigation strategies may be required for environmental clearance.

Table 6 shows a comparison of the existing fee to the proposed new fee for various developments. As Table 6 demonstrates the conversion of residential fees the per square foot of unit type has a significant impact on the fees paid by residential developments. However, the potential future fee leaves commercial, retail and office paying less than under the existing program.

At present the Council Policy 1-08 exempts all ADUs from transportation impact analysis and traffic impact fees. However, since larger ADUs could support more residents which would create more demand on roads, the Town could consider requiring ADUs larger than 750 square feet to pay a fee proportional to the primary dwelling unit while ADUs smaller than 750 square feet must remain exempt from paying impact fees.

Council may adopt fees at any level up to the fees shown or may adopt different fee levels for each land use (e.g., 100% of proposed fees for commercial and 75% of proposed fees for residential). However, reducing the fees would necessitate additional alternative funding sources to deliver projects on the list and reducing the VMT Fee reduces mitigation effectiveness.

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SUBJECT: Provide Direction on Potential Changes to the Transportation Impact Fee DATE: April 27, 2023
DISCUSSION (continued):

Table 6. Existing Fees vs Proposed Fees
Project
Fees Paid or Anticipated to
be Paid Under Existing Fee
Program
Proposed Fee
Accessory Dwelling Unit $0 $0 (per Town Policy)
New Single-Family Residence
(hypothetical) (3,000 SF) $9,581.60 $36,090
Multi-family Residential Project
(16940 Roberts Rd, 3 condominiums –
1,820, 1,797, and 1,806 SF)
$23,394.36 $88,069.52
Redevelopment (16212 Los Gatos
Blvd), existing commercial building,
2,312 SF) with proposed retail/office
at 6,185 SF1
$251,720 $91,315
Retail (15600-15650 Los Gatos Blvd,
Whole Foods) 40,190 SF Retail1
$2,129,936.19 $1,126,807.03
Notes:

1. Fees shown are net. The project receives credit for the existing use and is charged for the expanded/increased use.

COUNCIL DIRECTION
Staff is seeking direction on the following items: 1) total fee that might be proposed; 2) consideration of credit programs and for what type of projects; and 3) outreach strategy.

Total Fee
Option 1: Move forward with both fee components at proposed fee levels While this option maximizes funding for Town capital projects, it will result in higher fees than many other jurisdictions.

Option 2: Reduce or eliminate the VMT fee component
The fees presented represent the maximum fee the Town could charge. However, Town Council can establish the fee at any rate lower than what is currently presented. While setting a lower rate or eliminating the VMT fee reduces the fee burden on development, it will result in reduced mitigation effectiveness and lower fee revenue. Per Council Policy 1-08, the Town is taking a Town-wide approach for VMT impact mitigation, and the updated fee program is

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SUBJECT: Provide Direction on Potential Changes to the Transportation Impact Fee DATE: April 27, 2023
DISCUSSION (continued):
intended to function as an impact mitigation strategy to support environmental clearance of development projects. Reducing the VMT fee is counter-productive to the original intention of using the fee program as one tool in the environmental clearance process for new development.

Option 3: Reduce the Transportation Improvement Fee component While this option also reduces the fee burden on development, it will result in lower fee revenue and the Town will need additional alternative funding sources to deliver the project list, which may be challenging considering that the estimated cost of the project list already assumes 78% of the funding will be from grants.

Considerations of a Credit Program
Council Policy 1-08 exempts Accessory Dwelling Units (ADUs) of all sizes from payment of the fee. In addition, fees are prorated to reflect existing land uses. For example, a 3,000-square foot retail development proposed at a site that currently has a 1,500-square foot retail development would only be charged impact fees on the new 1,500 square feet.

In considering the new fee, Town Council may want to provide direction for staff to evaluate other potential credits. Credit programs can serve to incentivize the types and location of development that support the Town’s goals and policies. For example, credits may include deed restricted affordable housing units for various income levels. Credits may be for 100% of the fees (which would not be recommended) or some lower percentage like 50% of 75%.

Council may also want to consider if the existing ADU exemption should be continued or modified.

If credit programs are of interest to Town Council staff will research credit programs and return with a proposed credit program.

Outreach Strategy
This Council item provides the first opportunity for Town Council and the public to see the fee calculations. Staff recommends that additional outreach be conducted before the fee study is finalized and brought forward for adoption and is seeking input from Council on potential groups that should be included in the outreach.

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SUBJECT: Provide Direction on Potential Changes to the Transportation Impact Fee DATE: April 27, 2023
CONCLUSION:

As a result of Council direction when adopting the Town’s VMT policy in December 2021 and recent changes in state law, staff is completing the necessary technical work to update the Town’s TIP. The maximum fee has been calculated and would significantly increase impact fees for residential development, while reducing fees for non-residential land uses. Staff is seeking direction from Town Council on the proposed rate, credit programs, and future outreach.

COORDINATION:

This agenda item was coordinated with the Town Manager, Town Attorney, and Finance Director. The Community Development Department has been involved with reviewing the fee options and other technical materials.

FISCAL IMPACT:

There is no fiscal impact associated with Town Council providing direction.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Council Policy 1-08 - Traffic Impact Policy

2. Project List for TIF and VMT Calculations

3. Analysis of Fees for Comparable Jurisdictions

DocuSign Envelope ID: 52AD9BB7-C9E7-4370-88F1-1386A21 C4D46

COUNCIL POLICY MANUAL
. .

TITLE: Transportation Impact Policy POLICY NUMBER: 1-08 EFFECTIVE DATE: January 4, 1988
ENABLING ACTIONS: 1991-174; 2014-017,
2016-068; 2017-011

PURPOSE
PAGES: 37
REVISED DATES: 8/5/91; 3/24/14; 12/6/16;
3/21/17; 12/07/2021
To provide guidance to Town staff and the development community in implementing the provisions of the Town Municipal Code, Chapter 15, Article VII, Traffic Impact Mitigation Fees, and evaluating and mitigating California Environmental Quality Act (CEQA) transportation impacts.

SCOPE
This Policy is applicable to all land use entitlements, land use projects, and transportation improvements Town-wide.

POLICY
I. GENERAL CONDITIONS AND APPLICABILITY

1. Projects that are determined by the Town to generate one or more new net Average Daily Trips (ADT) are subject to this Policy.

2. An Accessory Dwelling Unit (ADU) shall be exempted from the requirements of Transportation Analysis and the Traffic Impact Fees.

3. The Town Council may exempt housing developments for very low, low, and moderate income residents (as defined by Town Ordinance, General Plan, or statute) from all or a portion of the traffic impact mitigation fee upon making a finding that the development provides a significant community benefit by meeting current needs for affordable housing.

ATTACHMENT 1

DocuSign Envelope ID: 52AD9BB7-C9E7-4370-88F1-1386A21 C4D46 TITLE: Transportation Impact Policy PAGE:
2 of 37
POLICY NUMBER:
1-08

4. Attachment 1- Transportation Analysis (TA) Guidelines establish a process to comprehensively and accurately analyze potential project effects (adverse and beneficial) on transportation facilities and services in the Town of Los Gatos and other jurisdictions. The TA Guidelines serve three primary purposes:
• Provide an evaluation for the California Environmental Quality Act (CEQA) significant impacts and mitigation as a part of the environmental analysis process. • Evaluate a project's consistency with the Town's General Plan. • Evaluate a project's consistency with the Santa Clara County Congestion Management Program (CMP).

11. TRANSPORTATION IMPACT FEES

1. All Projects that generate one or more new Average Daily Trips are required to pay Transportation Impact Fees, previously known as Traffic Impact Mitigation Fees.

2. All required Transportation Impact Fees shall be paid in full to the Town in association with and prior to issuance of a building permit. If no building permit is required, the fee shall be paid in full prior to issuance of a certificate of use and occupancy, or similar entitlement. The amount due shall be calculated based on the fee in place as approved by the Town Council by resolution at the time the fee is paid.

3. The per trip amount of the fee shall be as set forth by the Town Council by resolution, pursuant to Town Municipal Code, Chapter 15, Article VII, Traffic Impact Mitigation Fees.

4. Fees shall be calculated by multiplying net new ADT by the per trip amount in place at the time the fees are paid.

5. Credit against Transportation Impact Fees due shall be granted up to the amount of the Estimated Project Cost shown on Attachment 2, Town of Los Gatos Traffic Mitigation Improvements Project List, for any listed projects for which the developer, as a condition of approval, is required to either construct at the developer's sole cost or contribute a fixed or percentage amount of funding toward future construction of the listed improvement. Where construction is fully funded and completed by the developer, said credit shall be equal to the Project Cost as shown in Attachment 2. Where payment is a fixed amount or a percentage of Project Cost, credit shall be equal to the actual amount due, whether the project is constructed by the developer or others.

DocuSign Envelope ID: 52AD9BB7-C9E7-4370-88F1-1386A21 C4D46 TITLE: Transportation Impact Policy PAGE:
3 of 37
POLICY NUMBER:
1-08

6. No credit shall be given for any public right-of-way dedication required for completion of projects listed on Attachment 2.

7. Credit will be given on a case-by-case basis and shall not exceed the impact fee payable. Any request for credit shall be made prior to the payment of the Transportation Impact Fees. No credit shall be given for installation of Townstandard frontage improvements, Project access improvements, or internal circulation improvements.

8. Credit shall only be granted for payment of costs or construction of projects listed in Attachment 2, unless otherwise approved by the Town Council.

Ill. VEHICLE MILES TRAVELLED MITIGATION MEASURES

1. To mitigate VMT impacts, the project shall be conditioned for implementation of mitigation measures in the following categories:
• Modify the project's built environment characteristics to reduce VMT generated by the project;
• Implement transportation Demand Management (TDM) measures to reduce VMT generated by the project; and/or
• Participate in a VMT fee program and/or VMT mitigation exchange/banking program (if they exist) to reduce VMT from the project or other land uses to achieve acceptable levels.

2. The Town is taking a Townwide approach for VMT impact mitigation. Attachment 3, VMT Reduction Actions for the Town of Los Gatos, provides a framework for mitigating VMT in the Town.

APPROVED AS TO FORM:

i
TITLE: Transportation Impact Policy
Attachment 1 - Transportation Analysis Guidelines
PAGE: POLICY NUMBER:
1-08
Town of Los Gatos
Transportation Analysis Guidelines
Table of Contents

1. Introduction ............................................................................................................................ 1

1.1 Intent of TA Guidelines......................................................................................................... 1

1.2 Environmental Evaluation..................................................................................................... 2

1.3 Project Types......................................................................................................................... 2

1.4 CEQA and Non-CEQA Terminology ....................................................................................... 3

2. Determining the Level of Transportation Analysis................................................................. 3

2.1 CEQA Relief for Projects Consistent with General Plan or Zoning........................................ 4

2.2 CMP Consistency Screening.................................................................................................. 4

2.3 Recommended Process and Documentation ....................................................................... 4

2.4 Contact with Appropriate Town Staff................................................................................... 4

2.5 Consultation with Other Jurisdictions .................................................................................. 5

2.6 Project Trip Generation and Trip Reductions....................................................................... 5

2.6.1 Vehicle Trips................................................................................................................... 6

2.6.2 Person Trips ................................................................................................................... 6

2.6.3 Establishing Trip Generation Rates for an Unspecified Use .......................................... 6

2.6.4 Credit for Existing Trips – Local Analysis........................................................................ 6

2.6.4 Credit for Existing Trips – VMT Analysis ........................................................................ 7

2.7 Vehicle Miles Traveled Methods .......................................................................................... 7

3. Transportation Analysis (CEQA) for Land Use Projects .......................................................... 8

3.1 VMT Analysis Methods ......................................................................................................... 8

3.1.1 Regional Transportation Plan/Sustainable Communities Strategy and General Plan Consistency ............................................................................................................................. 9

3.1.2 VMT Assessment............................................................................................................ 9

3.2 VMT Significance Thresholds.............................................................................................. 11 4 of 37

ii
5 3.3 VMT Mitigation Measures.................................................................................................. 11

4. Transportation Analysis (CEQA) for Transportation Projects............................................... 12

5. Transportation Analysis per the Town’s Transportation Policies......................................... 12

5.1 Study Area........................................................................................................................... 13

5.2 Key Study Elements............................................................................................................. 13

5.3 Data Collection.................................................................................................................... 14

5.4 Project Site Access and Circulation Review ........................................................................ 16

5.5 Analysis Scenarios............................................................................................................... 16

5.6 Analysis Time Periods ......................................................................................................... 17

5.7 Multimodal Analysis Methods............................................................................................ 18

5.8 Traffic Operations Analysis................................................................................................. 19

5.9 Mobility Deficiency Criteria ................................................................................................ 19

5.10 CMP Deficiency Criteria .................................................................................................... 20

5.11 Mitigation Improvements................................................................................................. 21

6 1. Introduction
Transportation Analysis (TA) Guidelines are routinely established by jurisdictions to assess potential transportation effects of proposed projects on the local transportation system. These guidelines are intended to provide a clear and consistent technical approach to evaluating both land use and transportation infrastructure projects within Los Gatos.

These guidelines establish a process to comprehensively and accurately analyze potential project effects (adverse and beneficial) on transportation facilities and services in the Town of Los Gatos and other jurisdictions. This information is essential for decision-makers and the public when evaluating land use development and transportation infrastructure projects. These TA Guidelines serve three primary purposes:
• Provide an evaluation for the California Environmental Quality Act (CEQA) significant impacts and mitigation as a part of the environmental analysis process. • Guide the Local Transportation Analysis in evaluating a project’s consistency with the Town’s General Plan Mobility Goals.
• Evaluate a project’s consistency with the Santa Clara County Congestion Management Program (CMP).

1.1 Intent of TA Guidelines
The Town of Los Gatos General Plan 2040 seeks to “provide a well-connected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.” The TA Guidelines support this goal by evaluating new projects against the policies of the latest General Plan.

For CEQA-based environmental analysis, these TA Guidelines incorporate the use of vehicle miles traveled (VMT) to disclose the effects of the project on the surrounding environment.

Town staff completed an SB 7431 implementation process, which included the preparation of the SB 743 Implementation for the Town of Los Gatos (July 2020) document package. The document package provides detailed technical information pertaining to the options and data considered by the Town of Los Gatos to implement VMT as an impact criterion.

The TA Guidelines present the Town’s approach for determining the need for a transportation analysis, its content, and identifying acceptable transportation improvements for land use and transportation projects proposed within Los Gatos. The TA Guidelines establish a transportation analysis protocol for the following:
• Environmental analysis
1 Senate Bill 743 (SB 743) changed some of the transportation significance criteria under the California Environmental Quality Act (CEQA) CEQA. Specifically, vehicle level of service (LOS) is no longer used as a determinant of significant environmental impacts, and a vehicle miles traveled (VMT) analysis is required.

7 • General Plan consistency
• Congestion Management Program (CMP) evaluation
• Mobility deficiency criteria and thresholds
• Guidance on acceptable transportation improvements
Town staff will review transportation studies and reports based on the process presented in the TA Guidelines. However, each project is unique, and the TA Guidelines are not intended to be prescriptive beyond practical limits. Not all criteria and analyses described in the TA Guidelines will apply to every project. Early and consistent communication with Town staff is encouraged to confirm the type and level of analysis required for each study.

1.2 Environmental Evaluation
The TA Guidelines outline the methods and thresholds with which to evaluate projects consistent with the latest CEQA Statue & Guidelines.

The latest CEQA Statue & Guidelines include revised Appendix G Checklist questions for transportation impact evaluation. The four questions are as follows:

Would the project:
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access?

1.3 Project Types
A TA is prepared for a project before a discretionary action is taken. The following types of projects, which involve development activity or infrastructure changes in and around the Town of Los Gatos and affect the adjacent transportation system, should be evaluated for TA requirements.
• Land use entitlements or changes in use requiring discretionary approval by Los Gatos, which include General Plan amendments, specific plans (and related amendments), zoning changes, use permits, planned developments, and tentative subdivision maps; or any modifications of use that would generate 20 or more new Peak Hour (vehicle) Trips or at the discretion of the Town’s Traffic Engineer
• Land use activity advanced by agencies other than Los Gatos that is subject to jurisdictional review under state and federal law, such as school districts, Santa Clara Valley Transportation Authority (VTA) Board of Directors, and others; or advanced within Los Gatos by agencies other than the Town and inconsistent with the Town’s General Plan.

8 • Transportation infrastructure modification or expansion, including capital improvement projects on Town roads, county roads, and state highways that may impact Town facilities and services.

1.4 CEQA and Non-CEQA Terminology
To distinguish the CEQA analysis from the non-CEQA analysis (i.e., the local transportation analysis) the analyses apply different terminologies as summarized below in Table 1.

Table 1: Comparison of Select CEQA and Non-CEQA Terms
CEQA Term Non-CEQA Term
CEQA Transportation Analysis Local Transportation Analysis Significance criteria Threshold or performance standard Significant impact Deficiency
Mitigation measure Mitigation improvement
Baseline Conditions Existing Conditions and Background
Conditions
Future Year Cumulative Conditions Cumulative Conditions

2. Determining the Level of Transportation Analysis
Unless explicitly waived by the Town, a TA may be required when any one of the following conditions is met.
• A project has the potential to create a significant transportation environmental impact under CEQA.
• A project has the potential to generate daily vehicle miles traveled greater than the Town’s General Plan future year VMT projections.
• For local transportation analysis, a project has the potential to generate 20 or more new Peak Hour (vehicle) Trips.
• A project that is not consistent with the development density established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified, per CEQA Statue & Guidelines Section 15183. • A project will alter physical or operational conditions on a Town pedestrian facility, bicycle facility, transit facility or service, or other transportation facility. • An Accessory Dwelling Unit (ADU) shall be exempted from the requirements of Transportation Analysis and the Transportation Impact Fees.

9 In general, a TA is applicable for two to five years. After two or more years of inactivity, a TA may need to be updated to reflect changes in the study environment, including traffic growth and other circulation issues.

Nothing in the Transportation Impact Policy shall prohibit or restrict a Project applicant from completing a local transportation study for a Project anticipated to generate less than 20 new Peak Hour trips.

2.1 CEQA Relief for Projects Consistent with General Plan or Zoning Per CEQA Statue & Guidelines Section 15183, projects consistent with a general plan, zoning action, specific plan, and certified environmental impact report (EIR) would not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects. Additionally, projects consistent with a general plan, zoning action, or specific plan where cumulative impact(s) were adequately addressed in a prior EIR would not require further CEQA transportation analysis.

2.2 CMP Consistency Screening
Projects should reference the most recent VTA Transportation Impact Analysis (TIA) Guidelines to determine the need for a transportation impact analysis. In most cases, projects that generate fewer than 100 net new peak hour vehicle trips are not required to conduct VTA’s CMP transportation analysis.

2.3 Recommended Process and Documentation
In coordination with Town staff, the project applicant shall retain a transportation professional to conduct the TA. The transportation consultant should seek Town acceptance of the scope of work before initiating the analysis. In some cases, review by other affected jurisdictions will be required. Appendix A: Transportation Analysis Report Format Outline contains a recommended outline for the TA document.

Each TA will begin by preparing a scope of work that describes the project description, site location, analysis methods, area-wide assumption, study elements, study time periods, and traffic data collection methods. To finalize a TA scope of work for the local transportation analysis, the project applicant will provide an estimate of the project trip generation and trip distribution . These estimates and scope of work should be shared with Town staff to finalize the scope of services. Overall, the TA report will address: 1) environmental analysis, 2) project site access and circulation, and 3) other transportation impacts and traffic deficiencies.

2.4 Contact with Appropriate Town Staff
To minimize the potential for delays in project processing, it is important for the TA to be prepared in coordination with Town staff. Timely coordination will also ensure that potential transportation improvements and environmental consequences are considered as early as

10 possible in the planning process, as deficiencies and corresponding improvement costs can have a substantial effect on project costs. Coordination should include the following:
• A pre-application meeting, which will include a discussion of the TA requirements. • Development of an approved scope of work, which includes trip generation, study area, analysis scenarios and parameters, data requirements, and provisions for pedestrians, bicyclists, and transit users.
• Approval of the project trip generation (person and vehicle) and trip distribution. • Review of all assumptions and the results of Existing Conditions analysis. • Review of the administrative draft report, with adequate time for comments. • Review of a draft report, with adequate time for comments.

If the TA report information will be incorporated into the transportation and circulation section of an environmental document (e.g., Initial Study, Mitigated Negative Declaration, or Environmental Impact Report), the format of this report may need to be discussed with the environmental consultant, a peer reviewer, and/or Town staff. Upon circulation of the draft environmental document, the format of the final TA report may need to be discussed with the environmental consultant.

2.5 Consultation with Other Jurisdictions
If the study area overlaps with other jurisdictions, staff from other jurisdictions must be consulted to verify study locations, the impact significance criteria, and to consider any current development applications. Section 15086 of the CEQA Statue & Guidelines2 shall be followed as the basis for satisfying consultation requirements. In most cases, overlap will occur for roadway system analysis, but may also include impact analysis of active transportation modes (bicycling and walking), as well as transit system facilities and services.

2.6 Project Trip Generation and Trip Reductions
Person and vehicle trip generation rates are a way to estimate the number of expected pedestrian, bicycle, transit, and vehicle trips that a proposed development will generate. These rates establish the basis of analysis for a proposed project and its effects on the transportation network. Person trip generation should be reported for walking, bicycle, and pedestrian trips, and vehicle trip generation should be reported for single-occupant, and carpool.

Methodologies to estimate project trip generation and trip reductions shall be prepared consistent with the latest VTA TIA Guidelines, with the exceptions described in this document. 2 California Environmental Quality Act Statute & Guidelines, 2020.

11 2.6.1 Vehicle Trips
Consistent with the VTA TIA Guidelines, pass-by trips shall not be considered in calculating the 20 new Peak Hour Trip threshold that triggers the requirement for conducting a comprehensive local transportation analysis report.

The Institute of Traffic Engineers (ITE) Trip Generation Manual trip generation rates for Specialty Retail Center shall apply to all Specialty Retail.

Uses within the Central Business District (C-2 Zone} are expected to change periodically as part of the natural business cycle. For the purpose of Transportation Impact Fees, changes in use without changes in net building square footage within the C-2 Zone shall not be considered to create a traffic deficiency, shall be exempt from this policy, and no fees shall be charged for a change in use. Any increases in building square footage shall pay impact fees at the ITE Shopping Center rate or comparable equivalent rate for the expanded area, as determined by the Town Traffic Engineer.

The Town reserves the right to require the project sponsor to conduct local trip generation surveys for select projects, depending on land use and conditions in the field.

2.6.2 Person Trips
Person trip generation rates should be developed from empirical studies, person travel survey data, or conversion of vehicle trip rates to person trip rates using a vehicle occupancy factor. In addition, person trip generation by mode may be derived using an approved analysis tool that incorporates data from local trip generation surveys or published trip generation rate data.

2.6.3 Establishing Trip Generation Rates for an Unspecified Use For projects where the ultimate land use is not certain (for example, a large subdivision of flexible commercial-industrial parcels), there are two options for establishing the trip generation rates.
• Option 1: Town staff will recommend the use of the highest traffic intensity among all permitted uses to establish traffic deficiencies.
• Option 2: Estimates can be made using a lower traffic intensity use if the Town and developer establish a maximum trip allowance. Once a proposed land use has been identified, then: 1) the subdivision trip generation allowance must be monitored by the Town as development occurs; and 2) the TA report may need to be updated.

2.6.4 Credit for Existing Trips – Local Analysis
The estimate of new trips generated by the proposed development project may include credit for trips associated with existing uses on the site. Uses are considered as existing if they are actively present on the project site at the time that data is gathered for the transportation impact analysis. Similarly, if a planned (but not constructed) use was already permitted for the site and an improvement(s) was identified and funded, the new TA only needs to assess the

12 effects of additional trips above and beyond the trips for the permitted use. Additionally, certain commercial land uses attract vehicle traffic that currently exists on the roadway, rather than generating new trips.

Understanding there are permitted reductions that may be taken under the circumstances listed above, the Town requires that any reductions in project vehicle trip generation are applied according to the latest VTA TIA Guidelines.

In calculating new Peak Hour Trips for purposes of determining whether or not a TA report is required pursuant to this Policy, trip credit shall be granted for an existing use or the most recent former use.

In calculating new Average Daily Trips for purposes of determining the amount of the Transportation Impact Mitigation Fee due, trip credit shall be granted for an existing use or the most recent former use.

Where the property is vacant, the most recent former use shall be used.

Where a portion of the space is changing use, credit will apply to the proportionate square footage of the space under review.

Where the change in use results in fewer trips than the existing or former use, no credit or refund will be due the applicant.

2.6.4 Credit for Existing Trips – VMT Analysis
For the evaluation of vehicle miles of travel, VMT credit for the prior use depends on how the project changes the baseline condition, if the project sponsor had ownership and control of the previous land use, and the reason for stopping the previous land use. Baseline conditions are typically defined at the beginning of an environmental analysis and a CEQA analysis needs to isolate the effects of the project to clearly define the project’s effect on the baseline condition.

To receive VMT credit, the project sponsor needs to demonstrate continuous ownership of site, with on-site occupancy paused only due to the redevelopment activity and not because of some economic or other condition outside the control of the project sponsor. However, this credit should only be applied to total project generated VMT and should not be included when calculating a VMT rate.

2.7 Vehicle Miles Traveled Methods
Although the calculation of VMT is simply the number of cars multiplied by the distance traveled by each car, VMT performance measures can be reported differently. At a minimum, the VMT analysis for Los Gatos will be prepared for two purposes:

13 • Greenhouse gas and air quality analysis using project generated VMT on a VMT per service population basis (residents + employment).
• Environmental evaluation by land use and/or transportation project.

The project generated VMT from new population and employment growth and the boundary (total) VMT for a specific geographic area will be prepared using the latest Santa Clara Valley Transportation Authority (VTA)-City/County Association of Governments of San Mateo County (C/CAG) Bi-County Model (“VTA Travel Model”). Because emissions rates vary by vehicle speed, the project generated VMT and total VMT should be disaggregated by speed bin (typically in five mile an hour increments of speed from 0 to ~80 miles per hour) to allow different emissions factors to be applied at different speeds, which allows for the preparation of a more refined emissions analysis.

3. Transportation Analysis (CEQA) for Land Use Projects For an environmental analysis, these TA Guidelines incorporate the use of vehicle miles traveled (VMT) to disclose the effects of the project on the environment. Town staff completed an SB 743 implementation process, which included the preparation of the SB 743 Implementation for the Town of Los Gatos (July 2020) document package. The document package provides detailed technical information pertaining to the options and data considered by the Town of Los Gatos to implement VMT as an impact criterion.

At its November 17, 2020 meeting, the Town Council adopted Resolution 2020-045, Designating the Use of Vehicle Miles Traveled as the Metric for Conducting Transportation Analyses Pursuant to the California Environmental Quality Act and Establishing the Thresholds of Significance to Comply with California Senate Bill 743.

The CEQA Statue & Guidelines allow exemptions to projects meeting certain criteria. Project applicant may review the exemptions before preparing CEQA analysis for projects.

Based on the Town’s implementation of SB 743, the following methods should be used to determine VMT impact thresholds and mitigation requirements for land use projects.

3.1 VMT Analysis Methods
The Town elected to conduct a complete VMT analysis consistent with the General Plan future year VMT projections based on long-term expectations for air quality and GHG expectations as part of its General Plan EIR, so that it could make specific use of CEQA Statue & Guidelines Section 15183 to streamline project-specific CEQA analysis that is consistent with its General Plan and other Town documents. For the Town of Los Gatos, addressing transportation VMT impacts in the Town General Plan EIR is a useful way of understanding VMT impacts and how VMT reduction should be balanced against other community values related to the environment, social justice, and the community. By conducting a Town-wide VMT impact analysis, the Town is able to develop a program-based VMT mitigation approach. The concept of a ‘program’ approach to impact mitigation is commonly used in a variety of technical subjects, including

14 transportation, air quality, GHG, and habitat. Absent a new program-level VMT mitigation approach, there are limited feasible mitigation options for project sites, and as a result limited ability to reduce VMT. Also, practically speaking, without feasible mitigation, significant VMT impacts would be significant and unavoidable (SAU). Under these circumstances, a project must prepare an EIR, thus adding time and cost to environmental review compared to an initial study/negative declaration (IS/ND) that relies on streamlining offered in the CEQA Statue & Guidelines.

Should a project not be consistent with the General Plan, or for some other reason unable to benefit from streamlined CEQA review under CEQA Statue & Guidelines Section 15183, the following sections provide details on how to conduct a complete VMT analysis for land use plans and projects in the Town of Los Gatos.

3.1.1 Regional Transportation Plan/Sustainable Communities Strategy and General Plan Consistency
The first step in assessing project impacts is to determine if the project land use is contained within the Town of Los Gatos residential and non-residential land use allocations in the current Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), and if the project is consistent with the latest General Plan. If the project is not consistent with the RTP/SCS and/or the latest General Plan, amendments to those documents or the project would be needed prior to proceeding with the project review.

3.1.2 VMT Assessment
Projects not consistent with the current RTP/SCS or the latest General Plan are required to complete a VMT analysis using the VTA Travel Model to determine if there would be a significant VMT impact. The tools and methodology of the VMT analysis shall be approved by PPW Director (or Traffic Engineer). The impact analysis includes two types of VMT:

1. Total Project Generated VMT – Daily VMT of all vehicle trips, vehicle types, and trip purposes for all project land uses, presented as a total project generated VMT.

2. Project’s Effect on VMT within the Town of Los Gatos. VMT that occurs within the Town of Los Gatos by any type of vehicle. This captures all on-road vehicle travel on a roadway network for any purpose, and includes local trips as well as trips that pass through the area without stopping.

If the land use control totals increase between the without and with project conditions in the travel model, these VMT metrics will need to be expressed on a per service population (residents, employees, and other populations generating the VMT) basis to understand the effects of the project between scenarios.

The types of VMT analysis are evaluated for the following scenarios:

15 • Baseline Conditions – Conditions in the baseline year for the CEQA analysis, which is most often chosen as the time of notice of preparation (NOP) of an environmental document, but may be chosen as the baseline year of the VTA Travel Model, if land use and transportation network conditions can be considered largely unchanged between the model baseline year and the date of the NOP. For compliance with the CEQA Statute & Guidelines Section 15125(a), the transportation impact analysis must include a description of the physical environmental conditions near the project, as they exist at the time the NOP is published, or if no NOP is published, at the time environmental analysis is commenced, from both a local and regional perspective. Baseline VMT estimates will be prepared using the most recent base year VTA Travel Model. • Baseline with Project Conditions – The project land use is added to the project Transportation Analysis Zone (TAZ), or a separate TAZ may be created to contain the project land uses. A full model run is performed and VMT changes (by metric of choice) are isolated for the project TAZ and across the full model network. The model output must include reasonableness checks of the production and attraction balancing to ensure the project effect is accurately captured. If this scenario results in a less-thansignificant impact, then additional cumulative scenario analysis may not be required. • Future Year Cumulative Conditions – Conditions requiring an RTP/SCS and/or General Plan amendment are also required to evaluate the project effect on VMT under Future Year Cumulative Conditions. This scenario buildout of the region’s land use and transportation system also provides the long-range view of future travel patterns.

Future Year Cumulative Conditions VMT estimates should be based on the horizon year of the most recent VTA Travel Model, ensuring the model does not already contain the land uses or transportation improvements associated with the project. • Future Year Cumulative with Project Conditions – The project land use is added to the project TAZ, or a separate TAZ is created to contain the project land uses. The addition of project land uses may be accompanied by a reallocation of a similar amount of land use from other TAZs throughout the model area (focusing on Santa Clara County), especially if the proposed project is significant in size such that it would potentially reduce the potential for development throughout the rest of the model area. Land use projects will generally not change the Future Year Cumulative Conditions control totals for population and employment growth within the model area. Instead, they will influence the land use supply through changes in General Plan land use designations and zoning. If project land uses are simply added to the Future Year Cumulative Conditions scenario, then the analysis should reflect this limitation in the methods and acknowledge that the analysis may overestimate the project’s effect on VMT. A full model run is performed and VMT changes (by metric of choice) would be isolated for the project TAZ and across the full model network. The model output must include reasonableness checks of the production and attraction balancing to ensure the project effect is accurately captured.

The model output should include the two VMT metrics listed earlier: 1) total project generated VMT, and 2) project’s effect on VMT using the total boundary VMT. Emissions vary by speed bin; disaggregating VMT by speed bin allows different emissions factors to be applied at

16 different speeds, which allows for the preparation of a more refined emissions analysis. The total boundary VMT is needed as an input for air quality, greenhouse gas (GHG), and energy impact analysis, while the project generated VMT metrics are used for the transportation impact analysis.

Both “with project” scenarios noted above will summarize the two types of VMT and be compared to the without project condition.

Project generated VMT should be extracted from the VTA Travel Model by combining either the origin-destination (for total VMT) or production-attraction (for the other metrics) trip matrices and congested skims (travel distances for each origin-destination pair in the travel mode) from final assignment. The VMT should be adjusted to reflect trips that extend beyond the model boundary. The project’s effect on VMT should be estimated using the Town limit boundary and extracting the total link-level VMT for both the without and with project conditions. Additional VMT metric specifications may be found in the SB 743 Implementation for the Town of Los Gatos (July 2020) document package.

If a project is mixed-use (i.e., composed of both residential and retail/office uses), project generated VMT should be extracted for both the total VMT and VMT per service population (residents and employees).

3.2 VMT Significance Thresholds
The Town Council adopted Resolution 2020-045, Designating the Use of Vehicle Miles Traveled as the Metric for Conducting Transportation Analyses Pursuant to the California Environmental Quality Act and Establishing the Thresholds of Significance to Comply with California Senate Bill 743. The thresholds balance the Town’s priorities with respect to competing objectives, including Los Gatos’s geographic and transportation context, greenhouse gas reduction goals, interest in achieving the state’s greenhouse gas reduction goals, and the latest General Plan goals and policies related to land use mix, economic development, and housing provision.

VMT analyses shall evaluate a project’s VMT impacts based on the thresholds established in the latest Council-adopted resolution.

3.3 VMT Mitigation Measures
To mitigate VMT impacts, the project shall be conditioned for implementation of mitigation measures in the following categories::

1. Modify the project’s built environment characteristics to reduce VMT generated by the project;

2. Implement transportation Demand Management (TDM) measures to reduce VMT generated by the project; and/or

3. Participate in a VMT fee program and/or VMT mitigation exchange/banking program (if they exist) to reduce VMT from the project or other land uses to achieve acceptable levels.

17 The Town is in the process of updating the General Plan and the Draft Environmental Impact Report (DEIR) for the 2040 General Plan was released for public review in July 2021. The 2040 General Plan DEIR identifies significant but unavoidable transportation impacts and the mitigation measures. The Town is taking a Town-wide approach for VMT impact mitigation.

Attachment 3, VMT Reduction Actions for the Town of Los Gatos, provides a framework for mitigating VMT in the Town. Attachment 2, Transportation Mitigation Improvements Project List, has many improvements that are consistent with the VMT Reduction Strategies.

Evaluation of VMT reductions should be conducted using state-of-the-practice methods, recognizing that many of the TDM strategies are dependent on building occupant performance over time. As such, actual VMT reduction cannot be reliably predicted, and monitoring may be necessary to gauge performance related to mitigation expectations.

4. Transportation Analysis (CEQA) for Transportation Projects Transportation Analysis for transportation projects shall follow the latest CEQA Guidelines and related technical advisories from the Governor’s Office of Planning and Research (OPR).

The Thresholds of Significance for all transportation projects are established in the latest Council-adopted resolution.

Transportation projects that reduce, or have no impact on, vehicle miles traveled should be presumed to cause a less than significant transportation impact.

In 2020 Caltrans adopted its guidance under SB 743. The department’s Transportation Analysis Framework and Transportation Analysis for CEQA provide guidance for assessing induced travel impacts from prospective projects on the State Highway System. CEQA analysis for proposed transportation projects on the State Highway System should also follow Caltrans guidance.

5. Transportation Analysis per the Town’s Transportation Policies
The contents and extent of a local transportation analysis per the Town’s General Plan depend on the location and size of the proposed development, the prevailing transportation conditions in the surrounding area, and questions from decision-makers and the public. The Town is committed to a well-connected transportation system that enables safe access for all modes of travel. The methods presented in this chapter include robust data collection and analysis techniques for pedestrian, bicycle, and transit networks, in addition to vehicle circulation.

The local transportation analysis shall be prepared consistent with the latest VTA TIA Guidelines, with the exceptions described in this document.

18 5.1 Study Area
The study area is determined by evaluating the project location and how it may affect all transportation modes and facilities. It is not simply a map showing where the project is located.

Rather, the study area is the area of influence of a project. Each local transportation analysis will consider the adjacent transportation system for site access and circulation of land development projects and street modifications for transportation projects. To properly assess the site access, the Town may require off-site intersection analysis and/or other multimodal analysis.

The study area may include the nearest CMP facility to evaluate the proposed project’s conformity with the CMP facilities.

Applicants should consult with Town staff early regarding the need for a local transportation analysis based on local or site-specific issues, especially those related to pedestrians, bicyclists, and transit users.

5.2 Key Study Elements
The extent and complexity of a local transportation analysis will vary on the project attributes.

Table 2 summarizes the basic requirements for a local transportation analysis for every project requiring a complete transportation analysis. Specific significance criteria for each of the listed elements are described in further detail in the Transportation Analysis (CEQA) for Land Use Projects and Transportation Analysis (CEQA) for Transportation Projects sections. To avoid substantial off-site improvements or changes to the project site plan/description after the transportation analysis is completed, a preliminary site plan shall be included for a “fatal flaw” evaluation.

Table 2: Local Transportation Analysis – Evaluation Criteria Study Element Evaluation Criteria
General Plan
Consistency
Evaluate the project against goals, policies, and actions set forth in the latest General Plan and other applicable Town plans.

Parking
Compare the project parking plan with Town and local specific plan standards and discuss how the proposed supply will affect demand for walking, bicycling, and transit modes. If a mix of land uses is proposed on site, or complements adjacent land uses, justify how the development will make use of shared on-site parking.

On-Site
Circulation
Review and evaluate site access locations, turning radii, truck loading areas, emergency access, and other site characteristics with respect to operations and safety for all modes of transportation.

Pedestrian
Facilities
Identify any existing or planned pedestrian facilities that may be affected by the project. Document how the project will affect local pedestrian circulation (e.g., disclose how widening a road or adding a driveway will affect pedestrian safety and walking time).

19 Table 2: Local Transportation Analysis – Evaluation Criteria Study Element Evaluation Criteria
Bicycle
Facilities
Identify any existing or planned facilities that may be affected by the project.

Transit
Identify any existing or planned transit facilities that may be affected by the project. If appropriate, document how the project improves access to or utilization of transit. For system planning, use crush load as capacity, not seated capacity.

Safety
Assessment
Evaluate project trips added to safety enhancement projects within the study area that are proposed as part of other future safety studies by the Town or other agencies.

Trucks (or
Other Large
Vehicles)
For relevant industrial projects, identify the number of truck trips that will be generated, and design facilities necessary to accommodate these trucks.

Automated
Vehicles or
Transportation
Network
Company Pickup/Drop-Off
For projects where automated vehicles and/or transportation network companies may have a large concentration of pick-up/drop-off, the project site circulation and pick-up/drop-off areas must be reviewed to identify opportunities and constraints of the project site. Modifications to the site circulation and/or pick-up/drop-off may be recommended.

Off-Site Traffic
Operations
All roadway facility analysis and Level of Service should be conducted using the latest version of the Highway Capacity Manual (HCM).

Intersection
Traffic Control
Evaluate unsignalized intersections located within the study area to determine appropriate traffic control. Analysis should include documentation of the appropriateness of a roundabout as an alternative or replacement to a traffic signal.

Other Issues
Consider other issues on a case-by-case basis (e.g., construction deficiencies, queuing between closely spaced intersections, emergency access, special event traffic)
Other
Jurisdictional
Requirements
In situations where several agencies must approve a development or are responsible for affected roadways, the applicant must contact lead and responsible agencies to determine issues to be addressed, scope of study, etc. In general, the applicant will be responsible for analyzing project impacts against appropriate jurisdictional thresholds; however, the analysis method will be determined by the Town in compliance with CEQA, and the impacts will be mitigated consistent with Town standards.

5.3 Data Collection
Accurate data is essential to achieve a high level of confidence in local transportation analysis results. Existing transportation data shall be collected using the requirements set forth below.

Data should be presented on maps or figures where appropriate. To address the specific needs of each project, the extent of data collected shall be at the discretion of Town staff.

20 • Pedestrian/Bicycle Facilities – Document the existing pedestrian and bicycle facilities serving the project site. Elements will include presence and width of sidewalks, curb ramps, crosswalks, or other pedestrian facilities providing access to the nearest attractors of the project site, such as transit stops, neighborhood attractors and/or complimentary land uses, and bicycle facilities (e.g., routes, lanes, or shared-use paths) within a two-mile bicycling distance of the project site. Document barriers, deficiencies, and high pedestrian-demand land uses, including schools, parking, senior housing facilities, and transit stops or centers. The report will note any deficiencies or enhancements planned or recommended in the latest General Plan or future planning documents.
• Transit Facilities and Ridership – Document transit lines nearest to the project site, including stop locations, frequency of service, and any capacity issues. It will also describe transit stop amenities (e.g., benches, shelters, etc.). • Multimodal Peak-Period Turning Movement Counts – Turning movement counts, including vehicles, bicycles, and pedestrians, will be collected for each study time period at all study intersections. The following parameters will be followed (fall and spring days while school is in session are preferred):
o Data collection will cover at least two hours to ensure the peak hour is observed. o As applicable, 48-hour machine counts will be used to identify the peak period before conducting other counts or analysis.
o Traffic volumes should not be influenced by a holiday, weather, construction, or other temporary change.
o The percent of traffic that consists of heavy trucks will be noted/estimated during data collection.
o Some projects may require vehicle classification or occupancy counts. Consult with Town staff on a case-by-case basis.
o Traffic counts that are older than two years at study initiation will not be used without consultation and approval by Town staff. These counts may need to be adjusted to reflect current year traffic volumes.
• Daily Traffic Counts – Collect data for all study roadway segments using the parameters described above for peak period turning movement counts, with the exception of bicycle and pedestrian volumes. Daily counts are used to size facilities (e.g., 2-lane vs. 4- lane) and to identify temporal changes in traffic.
• Roadway Geometry – Document existing roadway and intersection geometries and lane configurations. Information from aerial photography and street views should be verified based on a site visit(s).
• Intersection Controls and Signal Timings – For use in intersection analysis, intersection control types and signal timings and phasing should be based on signal timing sheets (available from Los Gatos or Caltrans) and verified during site visits. • Five-Year Collision Data – Obtain Statewide Integrated Traffic Records System (SWITRS) through the local California Highway Patrol or through the following web site:
www.chp.ca.gov/switrs.

21 • Mode Split – Summarize daily and peak hour mode split for the study area land uses.

Data could include U.S. Census journey-to-work data, empirical surveys, or any other available surveys.

5.4 Project Site Access and Circulation Review
A detailed site plan review is required for all projects. The local transportation analysis should include a review and summary of findings of the following qualitative and quantitative features. • Consideration of roundabouts are encouraged. Conduct roundabout analysis as required by Town staff.
• Existence of any current traffic problems in the local area, such as a high-collision location, non-standard intersection or roadway, or an intersection in need of a traffic signal or a roundabout.
• Applicability of context-sensitive design practices compatible with adjacent neighborhoods or other areas that may be impacted by the project traffic. • Proximity of proposed site driveway(s) to other driveways or intersections. • Adequacy of the project site design to convey all vehicle types. • Number and type of parking provided, including vehicle and bicycle parking. • On- and off-street loading requirements.
• Adequacy of on-site vehicle, bicycle, and pedestrian circulation and provision of direct pedestrian paths from residential areas to school sites, public streets to commercial and residential areas, and the project site to nearby transit facilities.

An important aspect of a TA is to provide sufficient information for the Town to determine that a project is consistent with the latest General Plan and other applicable Town policies, plans, and standards. As such, individual projects must be reviewed against relevant policies contained in the latest General Plan or other plans and policies. Applicants should review the full policy statements in the latest General Plan Mobility Element.

If the study area extends into an adjacent jurisdiction, the applicant may be responsible for analyzing project generated operational impacts in these jurisdictions. These include intersection or segment locations in any other jurisdiction, including Caltrans-maintained facilities. The applicant shall refer to current policies in the respective jurisdiction to identify the appropriate significance criteria.

5.5 Analysis Scenarios
The range of scenarios includes Existing Conditions, Background Conditions, and Cumulative Conditions. Projects consistent with the latest General Plan will only be required to complete the Existing and Background conditions analysis; where Existing Conditions looks at the effect of the proposed project on the existing system within the next year or two, Background Conditions typically looks at a longer time frame of about three to five years. Inclusion of all three analysis conditions (e.g., Existing, Background, and Cumulative), would typically occur for large development projects, General Plan amendments, specific plans (and related amendments), with Cumulative Conditions having a time horizon of 10 to 20 years.

22 The following analysis scenarios will document existing or future conditions, any deficiencies, and identify deficiencies that will result from the addition of the project. Each scenario will include a qualitative description of transportation facilities for all modes (and any planned enhancements), traffic volumes, and a quantitative analysis of intersection LOS. Key study elements are identified in the Multimodal Analysis Methods section of this chapter. Details regarding each local transportation analysis scenario are presented below. • Existing Conditions – These conditions are based on recent field observations and recent traffic count data.
• Existing with Project Conditions – Traffic volume forecasts for roadway analysis reflecting Existing Conditions with traffic generated by the proposed project. For reuse or conversion projects, this may involve accounting for any existing use of the site that remains or will be removed. It should also qualitatively describe how the project will affect transportation for other modes, including compliance or relation to other Town documents.
• Background Conditions – Traffic volume forecasts for roadway segment and intersection analysis should reflect Existing Conditions with growth due to approved development that is expected to be operational before or concurrently with the proposed project. This scenario may not be needed if the study area has limited or no approved developments.
• Background with Project Conditions – This scenario represents the Background Conditions with vehicle trips added by the proposed project. It provides decision-makers and the public with a view of conditions with all recently approved development and physical improvements, including the proposed project.
• Future Year Cumulative Conditions – This scenario represents transportation conditions for all travel modes in the study area reflecting all approved projects, pending projects, or expected development of other areas of Los Gatos designated for growth under the latest General Plan or specific plan. In most cases, the project site will likely be vacant under this scenario. In some cases, this scenario may need to account for any existing uses on the site that could continue, and potential increases in development allowed by ministerial approvals.
• Cumulative with Project Conditions – This scenario represents the cumulative future transportation conditions with anticipated changes to the transportation system and the additions of project trips, and provides the long-range view of future traffic operations.

5.6 Analysis Time Periods
Based on the land use of the proposed project and upon consultation with Town staff, the study shall analyze traffic operations during the peak one hour of the following time periods:
• Weekday morning peak (7:00 – 10:00 AM)
• Weekday evening peak (4:00 – 7:00 PM)

23 For some projects, the Town may substitute or require additional peak hour analysis for the following time periods as approved or requested by the Town’s Traffic Engineer:
• Weekday afternoon peak (2:00 – 4:00 PM)
• Friday evening peak (4:00 – 7:00 PM)
• Weekend midday peak (11:00 AM – 1:00 PM)
• Sunday or holiday evening peak (4:00 – 7:00 PM)
For example, retail commercial projects should evaluate operations for Saturday midday peak hour conditions, in addition to the standard weekday morning and evening peak periods. The determination of study time periods should be made separately for each proposed project, based upon the peaking characteristics of the project generated traffic and peaking characteristics of the adjacent street system and land uses.

5.7 Multimodal Analysis Methods
The report should provide a quantitative and/or qualitative evaluation of the project’s potential adverse or beneficial effects on transportation facilities and services related to pedestrians, bicyclists, and transit users.

For some projects, more detailed multimodal analysis may be required. Such analysis shall be decided upon in consultation with Town staff and consider new tools, methods, and performance measures, such as those listed below.
• Multimodal LOS – The latest Highway Capacity Manual (6th Edition) contains methods for multimodal LOS.
• Person Delay – Simulation models can be used to measure system performance in terms of overall person-delay for all modes within a transportation network. This method provides a better decision-making tool for developing improvements to promote efficient movement of people, rather than a particular type of vehicle. • Safety Assessment – Evaluate whether the project adds vehicle trips to a safety improvement identified within the study area. (If a project may affect a Caltrans facility, a safety assessment may be needed for CEQA purposes as well.) • Bicycle Level of Stress (LTS) – Evaluate LTS for all bicycle facilities within a two-mile bicycling distance of the project site. There are several methods for evaluating LTS for bicycle facilities, which generally rely on street widths/number of vehicle lanes, vehicle speeds, daily volumes, and type of bicycle facility to evaluate “low stress” bike networks. The Low-Stress Bicycling and Network Connectivity (2012) report and the National Association of City Transportation Officials (NACTO) Urban Bikeway Design Guide, Second Edition (2014) contains methods for LTS.
• Pedestrian Level of Stress (LTS) – Evaluate LTS for all pedestrian facilities providing access to the nearest attractors (e.g., transit stops, neighborhood attractors and/or complimentary land uses) of the project site. Compared to bicycle LTS, there are parallel methods for calculating pedestrian comfort using best practiced from the NACTO Urban

24 Street Design Guide (2013) and pedestrian safety research. As with bicycle comfort, pedestrian comfort is based on a variety of factors ranging from the quality and presence of sidewalks to the conditions of the adjacent roadway (speed, number of travel lanes, frequency of trucks).
• Activity Connectedness – Travel time for each mode (e.g., walking, bicycles, transit, and vehicles) between the project and surrounding land uses can be used to gauge the degree of accessibility for a project. The Town desires to minimize travel time to necessary destinations while minimizing unnecessary vehicle travel. Tools such as geographic information systems or online tools (e.g., Index and Walk Score) can be used to gauge this measure specifically for walking. The main idea is to evaluate activity centers and destinations around projects to ensure that walk times to necessary destinations are minimized and the walking experience is comfortable.

5.8 Traffic Operations Analysis
Traffic operational deficiencies shall be analyzed using standard or state-of-the-practice professional procedures. The main issues related to traffic operations analysis are the method, input data, and assumptions. These three items influence the level of confidence and the associated level of defensibility of the local transportation analysis. For traffic operations, this requires following the procedures and techniques published in the most recent Highway Capacity Manual (HCM).

Traffic Operations Analysis should be conducted according to the latest VTA Traffic Level of Service Guidelines.

5.9 Mobility Deficiency Criteria
The overall guiding principal of the General Plan 2040 Mobility Element is to, “[p]rovide a wellconnected transportation system that enables safe access for all transportation modes, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.” Los Gatos evaluates each transportation mode to identify deficiencies. Local transportation analyses evaluate intersection operations focused on specific traffic issues such as queuing and safety. A greater emphasis is placed on pedestrian, bicycle, and transit facilities and services, in part to reduce traffic congestion and air quality impacts associated with automobile use. Table 5 outlines deficiency criteria for each mode. The mobility deficiency criteria can be used to identify conflicts with existing or planned multimodal facilities.

Table 5: Mobility Deficiency Criteria
Study Element Deficiency Determination
Parking Project increases off-site parking demand above a level required by the Town Zoning Code and/or desirable by the Town.

On-Site
Circulation
Project designs for on-street circulation, access, and parking fail to meet Town standards. Where Town standards are not defined, industry standards [Highway Design Manual, California Manual on Uniform Traffic Control Devices (MUTCD), etc.] should be referenced, as appropriate.

25 Table 5: Mobility Deficiency Criteria
Study Element Deficiency Determination
Failure to provide adequate accessibility for service and delivery trucks on site, including access to loading areas. Project will result in a hazard or potentially unsafe conditions without improvements.

Pedestrian
Facilities
Project fails to provide safe and accessible pedestrian connections between project buildings and adjacent streets, trails, and transit facilities.

Bicycle Facilities
Project disrupts existing or planned bicycle facilities or is otherwise inconsistent with the latest General Plan, Bicycle and Pedestrian Master Plan, or other related plans. Project adds bicycle trips along project frontage to an existing facility that needs improvements per the latest BPMP.

Transit Project disrupts existing or planned transit facilities and services or conflicts with Town adopted plans, guidelines, policies, or standards.

Heavy Vehicles
(Trucks and
Buses)
A project fails to provide adequate accommodation of forecasted heavy traffic or temporary construction-related truck traffic consistent with Town or industry standards (Highway Design Manual, MUTCD, etc.).

Off-Site Traffic
Operations
95th percentile vehicle queues exceed the existing or planned length of a turn pocket. The proposed project introduces a design feature that substantially increases safety hazards.

Signalized
Intersection
Traffic Control
Addition of project traffic causes a signalized intersection to 1) drop more than one level overall or at the worst individual approach delay if it is at LOS A, B, or C or 2) drop at all overall or at the worst individual approach delay if it is at LOS D or below.

Unsignalized
Intersection
Traffic Control
Addition of project traffic causes an all-way stop-controlled or side street stop-controlled intersection to 1) operate at LOS E or F overall or the worst-case movement, and 2) meets the Caltrans signal warrant criteria.

General Plan
Consistency
Evaluate the project against mobility, safety, and other related goals, policies, and actions set forth in the latest General Plan.

Other Subject
Areas
Consider other areas on a case-by-case basis (e.g., construction impacts, queuing between closely spaced intersections, emergency access, special event traffic, etc.).

Requirements
for Other
Jurisdictions
The project exceeds established deficiency thresholds for transportation facilities and services under the jurisdiction of other agencies.

5.10 CMP Deficiency Criteria
To determine consistency with the CMP, off-site intersection analysis may be needed and should be applied according to the latest VTA TIA Guidelines.

26 5.11 Mitigation Improvements
All project deficiencies should be addressed consistent with the policies of the latest General Plan Mobility Element. Under these circumstances, the applicant should meet with Town staff to identify transportation improvements that address the deficiencies. Table 6 shows example types of improvements to address transportation deficiencies.

Potential improvements may require a more detailed review, often including traffic operations, to demonstrate how they address a specific deficiency.

Selected improvements should be identified whether they will be implemented under Existing Conditions, Background Conditions, or Cumulative Conditions. Background Conditions generally reflect conditions at the time of full occupancy of a project.

If a transportation improvement is selected to address a deficiency, it should include a description of the benefit to traffic reduction generated by a proposed development and how the improvement contributes to the multimodal transportation system in Los Gatos. In addition, all transportation improvements need to consider whether they have secondary effects to VMT [i.e., whether the improvement is VMT inducing per guidance in the OPR Technical Advisory (December 2018, Pages 20-21)].

The improvement shall not unreasonably degrade bicycle, pedestrian or transit access, and circulation. If a project proposes improvements in response to auto LOS deficiency involving a change to existing roadway or intersection geometry, or changes to signal operations, the TA shall analyze and disclose secondary effects on other modes, i.e., whether the mitigation would affect pedestrian or bicycle conditions or increase transit vehicle delay, per the methodologies in 5.7.

Table 6: Example Improvements
Study Element Improvement
Project Modifications
and Transportation
Demand Management
• Alter density or diversity of project uses or integrate affordable housing
• Encourage telecommuting and alternative work schedules • Provide ride-sharing programs to encourage carpooling and vanpooling
• Provide local shuttle service
• Provide employer-sponsored vanpools or shuttles
• Provide pedestrian network improvements
• Provide traffic calming measures and low-stress bicycle network improvements
• Implement car-sharing (e.g., ZipCar) program
• Limit parking supply
• Unbundle parking costs from property costs
• Institute on-street market pricing for parking

27 Pedestrian and Bicycle
Facilities
• Provide for access to, from, and through the development for pedestrians and bicyclists
• Construct Class I bicycle paths, Class II bicycle lanes, and other facilities
• Provide secure bicycle parking and shower amenities
• Reduce travel lanes on a street to install a two-way left-turn lane and Class II bicycle lanes
• Add corner bulbouts, reduce curb radii, add pedestrian refuges, or implement other walking-related improvements Transit Facilities
• Provide bus turnouts, bus shelters, additional bus stops, and park-and-ride lots
• Fund increases in transit service
Parking Facilities
• Design parking facilities to allow free-flow access to and from the street
• Provide off-street parking per Town standards or
recommendations
• Implement shared parking among complementary land uses Traffic Control
Modifications
• Provide for yield or stop control
• Evaluate unsignalized intersections with substandard LOS for conversion to roundabout intersection control or
for signalization
• Provide coordination/synchronization of traffic signals along a corridor
• Provide turn-lane channelization through raised islands • Restrict selected turning movements
Street Operations
Modifications
• Optimize location of access driveway(s)
• Provide improvements to traffic signal phasing, or lengthen existing turning pocket
• Provide additional through traffic lane(s), right-turn lane(s), and left-turn lane(s) if they do not adversely impact other modes or induce additional vehicle travel
• Reduce travel lanes on a street to install a two-way left-turn lane
• Address congestion pricing on roads or within a specific area

28 Appendix A: Transportation Analysis Report Format Outline Note: Not all sections are required for all projects. The project applicant shall consult with the Town Traffic Engineer to determine the required sections.

1. Introductory Items
• Front Cover/Title Page
• Table of Contents, List of Figures, and List of Tables • Executive Summary

2. Introduction
• Project description
• Project sponsor/contact info
• Type and size of development
• Site plan (include proposed driveways, roadways, traffic control, parking facilities, emergency vehicle access, and internal circulation for vehicles, bicyclists, and pedestrians)
• Location map (include major streets, study intersections, and neighboring zoning and land uses)
• Scope of transportation analysis

3. Current Conditions
• Description of existing street system within project site and surrounding area • Location and routes of nearest public transit system serving the project • Location and routes of nearest pedestrian and bicycle facilities serving the project • Vehicle Miles Traveled Assessment
o Description of baseline VMT estimates (may include site and regional VMT estimates)
• Intersection Analysis for Site Access and Circulation Evaluation and CMP Evaluation o Figure of study intersections with peak hour turning movement counts, lane geometries, and traffic control

29 o Map of study area showing average daily traffic (ADT) of study roadways o Table of existing peak hour average vehicle delay and level of service (LOS)

4. Project Trip Generation
• Table of project generated trip estimate
• Figure/map of trip distribution (in percent)

5. Project Site Access and Circulation Evaluation
• Summary of a detailed site review for all modes of travel • Mobility deficiency analysis and summary to vehicle, transit, bicycle, and pedestrian facilities (under Project Conditions and Cumulative Conditions) • Summary of transportation improvements
CEQA Transportation Analysis Report Section

6. Vehicle Miles Traveled Assessment
• Summary of project generated VMT under Baseline Conditions • Summary of project’s effect on VMT under Future Year Cumulative Conditions • Identification of significant impacts
• Discussion of mitigation measures
• Evaluation of impacts of mitigation measures

7. Other CEQA Requirements
• Summary of conflicts with a plan, ordinance, or policy addressing the circulation system, including transit, roadways, bicycle lanes, and pedestrian paths. Present mitigation measures, as needed.
• Evaluation of hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Present mitigation measures, as needed.
• Emergency access evaluation. Present mitigation measures, as needed.

Local Transportation Analysis Report Section

8. Existing with Project Conditions

30 • Maps of study area with applicable peak hour turning movements (Project Only and Existing with Project Conditions)
• Table of Existing Conditions and Existing with Project Conditions intersection peak hour average vehicle delay and LOS (or other multimodal performance measure) • Traffic signal and other warrants
• Changes/Deficiencies to bike, pedestrian, and transit networks • Findings of project deficiencies
• Improvements for project deficiencies (include a map showing physical improvements) • Scheduling and implementation responsibility of improvements • Deficiencies of proposed improvements

9. Background Conditions
• Table of trip generation for approved project(s)
• Figure and/or table of approved projects trip distribution (in percent) • Map of study area with applicable peak hour turning movements (Background Conditions)
• Table of intersection peak hour average vehicle delay and LOS (or other multimodal performance measure) (including queue lengths, etc)
• Changes/deficiencies to bike, pedestrian, and transit networks • Traffic signal and other warrants

10. Background with Project Conditions
• Similar content to Existing with Project Conditions

11. Cumulative Conditions and Cumulative with Project Conditions • Map of study area with Cumulative Conditions peak hour turning movements • Map of study area with Cumulative with Project Conditions peak hour turning movements
• Table of Cumulative Conditions and Cumulative with Project Conditions intersection peak hour average vehicle delay and LOS (or other multimodal performance measure) • Changes/Deficiencies to bike, pedestrian, and transit networks • Traffic signal and other warrants

31 • Findings of project deficiencies
• Improvements for project deficiencies (include a map showing physical improvements) • Scheduling and implementation responsibility of improvements • Deficiencies of proposed improvements
Additional Sections for Transportation Analysis Report

12. Construction Deficiencies
• Trips due to construction workers
• Truck trips and truck access routes

13. Phasing Deficiencies (For Large Projects Only)

14. Appendices
• List of references
• List of authors
• Pedestrian, bicycle, and vehicle counts
• Technical calculations for all analyses

TITLE: Transportation Impact Policy
Attachment 2 - Traffic Mitigation Improvements Project List PAGE:
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POLICY NUMBER:
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Town of Los Gatos Traffic Mitigation Improvements Project List Source Description
Estimated
Project Cost
(2014 $)
Growth
Related
Project Cost
Share
Mitigation
Impact Fee
Eligible Cost
GP/VTP 2035 Blossom Hill Rd and Union Ave Intersection Improvements $ 1,200,000 90.00% $ 1,080,000 GP/VTP 2035 Los Gatos - Almaden Rd Improvements $ 3,000,000 50.00% $ 1,500,000 GP/VTP 2035 Los Gatos Blvd Widening - Samaritan Dr to Camino Del Sol - Road widening, new sidewalks and bike lanes $ 4,000,000 50.00% $ 2,000,000 GP/VTP 2035 Union Ave Widening and Sidewalks - complete ped and bike routes $ 3,000,000 50.00% $ 1,500,000 GP/VTP 2035 Wood Rd Gateway on Santa Cruz Ave - roundabout $ 1,200,000 50.00% $ 600,000 GP/VTP 2035 Central Traffic Signal Control System $ 750,000 9.68% $ 72,600 GP/VTP 2035 Hwy 9 Los Gatos Creek Trail connector - new path and bridge for ped/bike $ 1,000,000 50.00% $ 500,000 GP/VTP 2035 Hwy 9/N. Santa Cruz Ave Intersection Improvements $ 1,400,000 90.00% $ 1,260,000 CIP Roberts Road Improvements from bridge to University $ 600,000 50.00% $ 300,000 CIP Pollard Road Widening from Knowles to York Avenue $ 2,500,000 50.00% $ 1,250,000 CIP Sidewalks infill- Van Meter, Fischer and Blossom Hill Schools $ 1,000,000 50.00% $ 500,000 CIP Winchester Blvd/Lark Avenue Intersection Improvements $ 850,000 90.00% $ 765,000 CIP Westbound Lark to Hwy 17 northbound ramps - add two right-turn lanes $ 3,750,000 90.00% $ 3,375,000 CIP Unfunded Deferred Street Maintenance (Annual PMS Survey) $ 10,500,000 9.68% $ 1,016,400 GP Lark/Los Gatos Intersection Improvements - Add Third Left Turn Lanes for Eastbound and Northbound Approaches $ 1,200,000 90.00% $ 1,080,000 GP Complete Street Improvements - Lark from Garden Hill to Los Gatos Blvd $ 2,100,000 50.00% $ 1,050,000 GP Complete Street Improvements - SR 9 from University to Los Gatos Blvd $ 650,000 50.00% $ 325,000 GP Complete Street Improvements - Blossom HillRoad from Old Blossom Hill Road to Regent Drive $ 3,000,000 50.00% $ 1,500,000
GP Complete Street Improvements - Knowles from Pollard to Winchester $ 2,000,000 50.00% $ 1,000,000 GP Complete Street Improvements - Winchester from Blossom Hill to Lark $ 1,500,000 50.00% $ 750,000 GP Blossom Hill Road widening over Highway 17 $ 2,000,000 50.00% $ 1,000,000 GP LocalBikeway Improvements $ 750,000 50.00% $ 375,000 Notes: Total $ 47,950,000 $ 22,799,000
VTP = Valley Transportation Plan, 2035 by Santa Clara Valley Transportation Authority.

Town CIP = Town of Los Gatos, Capital Improvement Program and pending construction project list.

Source: Town of Los Gatos.

TITLE: Transportation Impact Policy
Attachment 3 - VMT Reduction Strategies
PAGE:
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POLICY NUMBER:
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VMT REDUCTION STRATEGIES
For projects that would generate Vehicle Miles Traveled (VMT), one or more VMT reduction strategies shall be required to reduce VMT of the project. Examples of VMT reduction strategies are provided below. The VMT reduction strategies are organized by their relative scale for implementation (i.e., individual site level, Town-wide level, and regional level).

INDIVIDUAL SITE LEVEL
 Encourage Telecommuting and Alternative Work Schedules: This strategy relies on effective internet access and speeds to individual project sites/buildings to provide the opportunity for telecommuting. This strategy would reduce commute VMT but also result in a change in VMTfor other travel purposes; thus, this strategy should consider the net change in the Town’s project-generated VMT.  Provide Ride-Sharing Programs: This strategy focuses on encouraging carpooling and vanpooling by project site/building tenants.
 Implement Car-Sharing Program: This strategy reduces the need to own a vehicle or reducesthe number of vehicles owned by a household by making it convenient to access a shared vehicle for those trips where vehicle use is essential. Examples include programs like ZipCar,Car2Go, and Gig.
 Provide Employer-Sponsored Vanpool/Shuttle: This strategy relies on employers purchasing orleasing vans or shuttles, and often subsidizing the cost of at least program administration, if notmore. Vanpools typically service employee’s commute to work, while shuttles service nearby transit stations and surrounding commercial centers.

Scheduling and rider charges, if any, are within the employer’s purview. A supplemental strategy may include facilitating or enhancing the service by improving the shuttle stops and biking/walking paths to the stops.

TOWN-WIDE LEVEL
 Provide Bicycle and Pedestrian Network Improvements: This strategy focuses on creating a comprehensive bicycle and pedestrian network within the project and connecting to nearby destinations. Projects in Los Gatos tend to be smaller so the emphasis of this strategy would likely be the construction of network improvements that connect the project site directly to nearby destinations. Alternatively, implementation could occur through an impact fee programor benefit/assessment district based on regional or local plans such as the Bicycle and Pedestrian Master Plan.  Provide Local Transit or Microtransit Solutions: This strategy focuses on providing transit solutions that serve the local circulation needs and connections to key regional destinations. The service would connect to transit hubs, schools, commercial centers, and residential areas to improve transit connectivity and address the “first/last mile” problems. The service may be in the form of a local shuttle, microtransit service using dynamic routing and scheduling, fare subsidies to private transportation network companies (TNCs) or taxi companies, or other service delivery methods. The service may be open to all or target a special population, such as seniors, disabled or students.

The implementation of this strategy may require regional or private partnership.

TITLE: Transportation Impact Policy
Attachment 3 - VMT Reduction Strategies
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 Provide Transit Signal Priority: This strategy would upgrade the Town’s traffic signals along transit corridors to provide transit signal priority to improve transit bus travel time.
 Improve Biking and Walking Paths to Bus Stops and Transit Amenities: This strategy improves the biking and walking paths to bus stops, enhances amenities at bus stops such as shelters, benches, and ADA accessible loading areas.  Provide Traffic Calming Measures: This strategy combines the California Air Pollution Control Officers Association (CAPCOA) research focused on traffic calming with new research on providing a low-stress bicycle network. Traffic calming creates networks with low vehicle speeds and volumes that are more conducive to walking and bicycling. Building a low-stress bicycle network produces a similar outcome. One potential change in this strategy over time is that ebikes (and e-scooters) could extend the effective range of travel on the bicycle network,which could enhance the effectiveness of this strategy.
 Limit Parking Supply: When combined with companion TDM measures, reduced parking supplydiscourages driving by limiting easy and convenient parking options.

Implementation of this strategy may require reducing (or removing) minimum parking requirements and allowing developers to use shared parking strategies.  Unbundle Parking Costs from Property Cost: Unbundling separates parking costs from propertycost, for instance by not including a parking space in a residential unit’s rent, or by requiring employers to lease each parking space separately from the building owner. This strategy ensures that the user understands that the cost of driving includes parking and can encourage people to use an alternative mode to save money.  Implement Market Price Public Parking (On-Street): This strategy focuses on implementing a pricing strategy for parking by pricing all on-street parking in central business districts, employment centers, and retail centers. Priced parking would encourage “park once” behaviorand may also result in area-wide mode shifts.

REGIONAL LEVEL
 Increase Density: This strategy focuses on increasing density of land uses, where allowed by the General Plan and/or Zoning Ordinance, to reduce distances people travel and provide more travel mode options. This strategy also provides a foundation for many other strategies. For example, densification increases transit ridership, which justifies enhanced transit service.
 Increase Diversity of Urban and Suburban Developments: This strategy focuses on inclusion of mixed uses within projects or in consideration of the surrounding area to minimize vehicle travelin terms of both the number of trips and the length of those trips.
 Increase Transit Accessibility: This strategy focuses on encouraging the use of transit by locating a project with high density near transit. A project with a residential/commercial center designed around a bus station is referred to as a transitoriented development (TOD).  Integrate Affordable and Below Market Rate Housing: This strategy provides greater opportunities for lower income families to live closer to job centers since

TITLE: Transportation Impact Policy
Attachment 3 - VMT Reduction Strategies
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income effectsprobability that a commute will take transit or walk to work.  Increase Transit Service Frequency/Speed: This strategy focuses on improving transit service convenience and travel time competitiveness with driving. Given existing land use density in LosGatos, this strategy may be limited to traditional commuter transit where trips can be pooled at the start and end locations, or it may require new forms of demand-responsive transit service. Note that implementation of this strategy would require regional or local agency implementation, substantial changes to current transit practices, and would not likely be applicable for individual development projects.  Implement Area or Cordon Pricing: This strategy focuses on implementing a cordon (i.e., boundary) pricing scheme, where a cordon is set around a specific area to charge a toll to enterthe area by vehicle. The cordon location is usually the boundary of an area with limited points of access. The cordon toll may be constant, applied during peak periods, or be variable, with higher prices during congestion peak periods. The toll can also be based on a fixed schedule or be dynamic, responding to real-time congestion levels. Note that implementation of this strategy requires alternative modes of travel that are available and reliable, such as high-qualitytransit infrastructure.

TITLE: Transportation Impact Policy
Attachment 4 - Definitions
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POLICY NUMBER:
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DEFINITIONS:

Land use entitlements shall mean entitlement changes in use requiring discretionary approval by Los Gatos, which include General Plan amendments, specific plans (and related amendments), zoning changes, use permits, planned developments, and tentative subdivision maps.

Land Use Projects or Development shall mean residential or nonresidential improvements on a site.

Existing development shall mean any already existing habitable residential or nonresidential building or projects which rebuild or remodel the existing development without increasing the trips generated. No fee shall be charged for development already existing.

Expansion of use, to determine traffic increases, shall include any increase in the number of living units, gross floor area in a nonresidential development and/or any intensification of use which increases trips generated.

Transportation improvements shall mean those improvements to the transportation facilities and related actions necessary to implement the transportation element of the Town's general plan and any applicable specific plan.

Site shall mean a plot of ground consisting of one (1) or more lots or parcels on which a common improvement is proposed or exists.

Trip generation rate shall mean the number of vehicle trips over a weekday twenty-four-hour period generated by a particular type of land use and shall be expressed in terms of the number of acres or square feet of land for each land use category. The Town Engineer may exercise reasonable discretion to establish recommended trip generation rates for land use categories consisting of groupings of land uses having similar use and functional characteristics. When the trip generation rate is multiplied by the amount of land, the number of trips, both incoming and outgoing, shall be estimated.

Average Daily Trips (ADT) shall mean the total number of trips, both in-bound and out-bound, within a 24-hour weekday period, generated by a particular use or development.

Pass-By Trip: Trips generated by the proposed Project that would be attracted from traffic passing the proposed project site on an adjacent street that contains direct access to the Project.

Peak Hour Trips shall mean vehicle trips, both in-bound and out-bound, occurring during a 60- minute period either during the A.M. Peak (7 A.M. to 9 A.M.) or the P.M. Peak (4 P.M. to 6 P.M.), generated by a particular use or Project.

TITLE: Transportation Impact Policy
Attachment 4 - Definitions
PAGE:
37 of 37
POLICY NUMBER:
1-08
Specialty Retail. Specialty Retail uses are defined as walk-in and impulse businesses such as juice bars, yogurt shops, coffee shops, donut shops, and similar uses which do not generally serve meals and have limited or no seating. Specialty Retail uses are defined under this policy for purposes of establishing trip generation data and this definition does not provide any land use or zoning guidance.

Use shall mean the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged or for which either a site or a structure is or may be occupied or maintained.

Vehicle Trip End shall mean an incoming or outgoing trip going to or coming from anywhere within the Town or outside the Town.

CEQA shall mean the California Environmental Quality Act. These terms are reserved for definitions per the CEQA Guidelines: significance criteria, significant impact, and mitigation measures.

Local Transportation Analysis shall mean analysis to assess potential mobility deficiencies caused by new developments on the local roadway performance, following the Town’s transportation policies. These terms are reserved for Local Transportation Analysis: threshold or performance standard, deficiency, and mitigation improvement.

Vehicle Miles Traveled (VMT) is a metric that accounts for the number of vehicle trips generated times the length or distance of those trips. VMT is an accessibility performance metric that evaluates the changes in land use patterns, regional transportation systems, and other built environment characteristics.

Level of Service (LOS) is a metric that assigns a letter grade to network performance. The typical application is to measure the average amount of delay experienced by vehicle drivers at an intersection during the most congested time of day and assign a report card range from LOS A (fewer than 10 seconds of delay) to LOS F (more than 80 seconds of delay). Vehicle level of service is used to measure vehicle mobility.

Attachment 2. Project List
Project
ID
Project Name Category Fee Program
Component
Cost Estimate
($2022)
Estimated
Funding from
Other Sources
Unfunded Cost
Allocated to TIF
Calculation
1 State Route 17 Corridor Congestion
Relief Project
Safety and Capacity
Improvements
TI $110,820,000 $99,738,000 $11,082,000
2 Shannon Rd Widening and Safety
Improvements
Safety and Capacity
Improvements
TI $4,371,513 $1,471,513 $2,900,000
3 Union Avenue Widening and
Sidewalks
Complete Streets (Carryover) TI $4,226,672 $3,170,004 $1,056,668 4 Traffic Signal Modernization Program Traffic Signal TI $20,452,114 $12,452,114 $8,000,000 5 Highway 17 Bicycle & Pedestrian
Overcrossing
BPMP Priority Projects VMT $25,288,625 $18,966,469 $6,322,156 6 Kennedy Sidewalk & Bike Lanes BPMP Priority Projects VMT $1,402,065 $138,740 $1,263,325 7 Sidewalk Gap Filling Projects Other BPMP Projects - New Facilities
VMT $600,000 0 $600,000
8 New and Expanded Bicycle and
Pedestrian Facilities (Non-Priority
Projects)
Other BPMP Projects - New
Facilities
VMT $2,000,000 0 $2,000,000
9 Los Gatos Almaden Road Complete
Streets Improvements
Complete Streets (Carryover) TI $4,226,672 $3,170,004 $1,056,668 10 Los Gatos Boulevard Multimodal
Widening
Complete Streets (Carryover) TI $5,635,562 $4,226,672 $1,408,891 11 Parking Program Implementation Lighting and Signage TI $400,000 0 $400,000 12 Bicycle and Pedestrian Improvements
Program -Safety Improvements
Other BPMP Projects -
Bicyclist and Pedestrian
Safety
TI $1,000,000 0 $1,000,000
13 Priority Projects from Bicycle and
Pedestrian Master Plan
BPMP Priority Projects VMT $11,232,751 $5,616,375 $5,616,375 TOTALS $191,655,974 $148,949,891 $42,706,083
ATTACHMENT 2

Attachment 3
Analysis of Fees in Comparable Jurisdictions
A Note About VMT Fees
While no city or town in the Bay Area has adopted a Vehicle Miles Travelled (VMT) impact fee, the City of San Diego does have a VMT in lieu fee which they call their Active Transportation In Lieu Fee. Their fee is required for residential and non-residential development projects located in their Mobility Zone 4 and is currently $1,400 per excess Vehicle Mile Traveled for residential and non-residential development projects. The City of San Diego also created an Active Transportation In Lieu Fee calculator and a user manual. Below is the background language provided in the manual.

In preparation for the implementation of SB 743, the City of San Diego developed the Mobility Choices Program, with an Active Transportation In Lieu Fee component, to provide an avenue for future development to mitigate associated VMT related impacts.

The Active Transportation In Lieu Fee will assist the City to fund and construct multimodal infrastructure that will help to reduce citywide VMT to levels that are consistent with the State’s climate change goals, as implemented by SB 743 and SB 375, and also the City’s local climate goals, as set forth in the City’s Climate Action Plan. The Active Transportation In Lieu Fee only applies to development projects (projects) located within the Mobility Zone 43, since these are the areas that typically generate an average VMT above the significance thresholds recommended by OPR, and the threshold that the City will be using as well. Per the City’s Transportation Study Manual, discretionary development projects within these areas will need to reduce their project VMT per Capita to 15% below the regional average (for residential and office projects) through the use of VMT-reducing strategies in order to have a less than significant transportation VMT impact on the environment.

Rather than investing VMT reducing infrastructure in Mobility Zone 4, where its VMT reduction potential is limited, the Mobility Choices regulations would require payment of a fee to mitigate transportation VMT impacts. The fee is based on the estimated cost to reduce a mile of VMT within areas of the City where there is greater return on investment for VMT reducing infrastructure (in the City’s Mobility Zones 1, 2, and 3. The purpose of this fee is to 1) invest in active transportation and transit infrastructure within Mobility Zones 1, 2 and 3 where VMT reduction potential is highest and where the greatest return on investment in terms of VMT reductions can be achieved, and 2) allow projects within Mobility Zone 4 to more efficiently work towards a mitigation solution for VMT impacts. This fee is based on the planning level costs identified for the various VMT-reducing infrastructure and associated VMT reduction. This calculation resulted in the projected cost to reduce a single unit of VMT within Mobility Zones 1, 2, and 3, on average (Fee Cost). These calculations are established within the City of San Diego Active Transportation In Lieu Fee Program - Nexus Study.

Attachment 3
Comparison of Fees
When adopting an updated fee, one consideration is the level of fees charged by nearby jurisdictions as well as the current transportation impact fees being collected in Los Gatos.

Again, while no city or town in the Bay Area has adopted a VMT impact fee, Table 3-1 below shows the fees charged by several South Bay jurisdictions as well as the existing and proposed fee levels for Los Gatos.

Table 3-1. Fee Comparison with Other Jurisdictions
City or Jurisdiction &
Update Year
Single-Family ($
per Dwelling
Unit, unless
indicated)
Multi-Family ($
per Dwelling
Unit, unless
indicated)
Office ($ per
1,000 square
feet (KSF))
General Retail
(unless
indicated)
($ per KSF)
Los Gatos (Current) $9,571 $6,841 $11,000 $10,045
Los Gatos (Proposed
with VMT)
$20,098 $14,365 $24,706 $28,037
Menlo Park (2022) $18,845.593 $6,351.83 $21,880 $12,760 San Mateo (2022) $6,867.99 $3,468.58 $8,366.76 $27,735.48 San Carlos (2022) $7,243 $4,097 $8,413 $27,874
Los Altos (2022) $6,774.20 $4,159 $9,993.93 $12,408.73
Redwood City (2022) Non-Downtown:
$1,617
Downtown:
$1,212
Non-Downtown:
$992
Downtown: $744
Non-Downtown:
$2,380
Downtown:
$1,790
Non-Downtown:
$940
Downtown:
$2,960
Palo Alto (2022) Citywide: $9,266 per net new PM peak hour trip Charleston/Arastradero district: $460/KSF commercial or $1,599 per DUE East Palo Alto (2022) $2,869.83 $2,024.79 $8,360 $8,360 Mountain View (2022) $5,364 $3,004 $5,720 $5,720
Cupertino (2022) $6,797 $4,215 $19,150 $10,940
Gilroy (2022) “Low-Density”
$13,012
“High-Density”
$10,548
Low Traffic Commercial: $14,397
High Traffic Commercial: $29,082
Morgan Hill (2022)
$3,585
>1,200SF: $2,222
<1,200 SF:
$1,399
All remaining uses charged using
$3,585/Peak Hour Traffic
City of Santa Clara
(2022) $1,391.16 $618.30 $1,610 Retail elements >50KSF: $5,350 Sunnyvale (2023) Special planning zone: Lawrence Station Area Plan $1,472/Residential Unit, applying after 2,323 residential units have been built or approved in the plan area.

PREPARED BY: Nicolle Burnham
Director, Parks and Public Works
Reviewed by: Town Manager, Town Attorney, Community Development Director, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 13

DESK ITEM
DATE: May 2, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Receive the Report and Provide Direction on Potential Changes to the Town’s Transportation Impact Fee
REMARKS:

Attachment 4 is a staff presentation which contains additional background, project list summary, projected development, fee calculation, and discussion items.

Attachments Previously Received with the Staff Report:

1. Council Policy 1-08 - Traffic Impact Policy

2. Project List for TIF and VMT Calculations

3. Analysis of Fees for Comparable Jurisdictions
Attachments Received with this Desk Item:

4. Staff Presentation

Transportation Impact Fee Program
Town Council Meeting
May 2, 2023
1

Agenda
1 2
3 5
Background
Project List
Projected Development
Discussion and Feedback
2 4 Fee Calculation

TRAFFIC IMPACT FEES
3 • 1987 - AB 1600 – California Mitigation Fee Act is promulgated and Codified in California Government Code Section 66000 – 66008.
• 1991 – Town of Los Gatos adopts first Traffic Impact Fee • 2014 – Year of most recent Los Gatos Nexus Study to set Traffic Impact Fee Rates (Resolutions 2014-017 and 2014-059)
• 2020 / 2021 – Town Amends to Traffic Impact Policy to include VMT as metric for conducting transportation analyses for CEQA and establishes standards to comply with SB 743 (Resolution 2020-45); Council directs staff to update Traffic Impact Fees to reflect use of VMT. • 2021 – State adopts AB 602 which requires: a) completion of a Nexus Study to support the fee adoption; b) Updating the Nexus Study every 8 years; c) calculate the fees based on square footage of the proposed development. Traffic Impact Fees are fees imposed on specific development
projects to offset the cost of new
or additional public facilities
needed to serve the development. Page 338
Chapter Title Date

BACKGROUND
Scope of Current Study
Update Traffic Impact Program To:
• Update Fees to Reflect Current Project
Needs and Development Impacts
• Consider Implementation of VMT Fee
• Comply with Current California Codes To:
 Complete Impact Fee Nexus Study
 Calculate Fees Based on Square
Footage
A Word about Language
4 Traffic Impact Program (TIP): Describes the
Overall Program and Associated Council
Policy. The TIP includes Two Components:

Transportation
Improvement
Fee (TIF)
Vehicle Miles
Traveled
Reduction
Fee (VMT)
Expands
Transportation
Infrastructure
Decreases
Demand for
Driving

PROJECT LIST - SUMMARY
5 Transportation
Improvement Fee
Project Costs (2022$)
VMT Reducing
Projects (2022$) Total (2022$)
Total Project Costs $151,132,533 $40,523,441 $191,655,974 Estimated Funding from Other Source
(e.g., grants) $124,228,307 $24,721,584 $148,949,891
Unfunded Cost Allocated to TIP $26,904,227 $15,801,857 $42,706,083

PROJECTED DEVELOPMENT
6 • Determined Using Projected Development per General Plan • Calculate the Traffic Demand of Each Land Use (from Institute for Transportation Engineers Data) and Convert Increased Demand into Dwelling Unit Equivalent Rates • Single Family Residential Demand is Set at 1.0; Other Land Uses Scale Up or Down from Residential.
• DUE Rates are Applied to the Projected Development Amounts to Determine Total DUE’s that would pay into the Fee Program. Total DUE = 2,021
Land Use
Dwelling Unit
Equivalent Rates
(DUE)
Single-Family (per dwelling unit) 1.00
Multi-Family (per dwelling unit) 0.71
Retail (per 1,000 square feet) 1.40
Office (per 1,000 square feet) 1.23
Industrial (per 1,000 square feet) 0.58 Page 341

FEE CALCULATION
7 Transportation
Improvements Fee
VMT Fee
Unfunded Cost Allocated to TIP (from
Project List) $26,904,227 $15,801,857
Less Existing Mitigation Fee Fund Balance
(as of Fall 2022; will be updated prior to
final fee adoption)
($1,319,656) ($775,084)
Total Unfunded Cost Used in Calculations $25,584,570 $15,026,773 Net DUE’s (from General Plan Land Use
and Trip Generation Estimates) 2,021 2,021
Cost per DUE (Maximum Fee) $ 12,661 $7,437

FEE CALCULATION – PER LAND USE
8 Land Use / Unit Basis of Fee DUE Rate VMT Fee
Transportation
Improvement
Fee
Total
Maximum
Fee Per
Unit
Single-Family / per Dwelling
Unit

1.00 $7,437 $12,661 $20,098
Multi-Family / per Dwelling
Unit

0.71 $5,315 $9,050 $14,365
Retail / per 1,000 square feet 1.40 $10,374 $17,663 $28,037 Office / per 1,000 square feet 1.23 $9,141 $15,564 $24,706 Industrial / per 1,000 square
feet 0.58 $4,288 $7,300 $11,588
Note: Residential Fee is converted to per square foot based on average unit size of 1,671 square feet for single family unit and 884 square feet per unit for multi-family. See memo Table 5. Page 343

EXISTING VERSUS PROPOSED FEES
9 Project
Calculated Fees to
be Paid Under
Existing Fee
Program1
Proposed Fee
Accessory Dwelling Unit $0 $0
New Single-Family Residence (hypothetical)
(3,000 SF) $9,581.60 $36,090
Multi-family Residential Project (16940
Roberts Rd, 3 condominiums – 1,820, 1,797,
and 1,806 SF)
$23,394.36 $88,069.52
Redevelopment (16212 Los Gatos Blvd),
existing commercial building, 2,312 SF) with
proposed retail/office at 6,185 SF
$251,720 $91,315
Retail (15600-15650 Los Gatos Blvd, Whole
Foods) 40,190 SF Retail $2,129,936 $1,126,807
Note: Existing fee is $1,015 per Average Daily Trip for all land use categories. Page 344

DISCUSSION ITEMS
10 What should the new rate be?
• Option 1: Use Calculated Fee
• Option 2: Reduce the VMT Fee Component
• Option 3: Reduce the Transportation
Improvement Fee Component
• Option 4: Reduce rates for certain land use
types only
Which Credits / Exemptions Should
Staff Consider?
• For all ADU’s?
• For Deed Restricted Affordable
Housing?
• Others?
Expectations for Outreach
• Regulated Community?
• Chamber of Commerce?
• Others?

TRANSPORTATION FEE POLICY OPTIONS
11 1. Council may adopt fees at any level up to the maximum fee presented tonight

2. Council may adopt different fee levels for each land use (e.g., 100% of proposed fees for commercial and 75% of proposed fees for residential)

3. Reducing VMT Fee reduces mitigation effectiveness

4. Reducing either fee implies need for additional alternative funding sources to deliver project list Keep in mind:

Option Pro Con
Adopt both fee components at proposed fee
levels
Maximizes funding for Town
capital projects
Higher fees than many
jurisdictions
Adopt VMT fee component at reduced fee
level
Reduces fee burden on
development
Lower fee revenue, less
VMT mitigation effectiveness
Adopt Transportation Improvement fee
component at reduced fee level
Reduces fee burden on
development Lower fee revenue

QUESTIONS?
12

DETAILED PROJECT LIST
13 Project Name Category Fee Program
Component
Total Project
Cost ($2022)
Estimated
Funding from
Other Sources
Unfunded Cost
Allocated to TIF
Calculation
State Route 17 Corridor Congestion Relief
Project
Safety and Capacity Improvements TI $110,820,000 $99,738,000 $11,082,000 Shannon Rd Widening and Safety
Improvements
Safety and Capacity Improvements TI $4,371,513 $1,471,513 $2,900,000 Union Avenue Widening and Sidewalks Complete Streets (Carryover) TI $4,226,672 $3,170,004 $1,056,668 Traffic Signal Modernization Program Traffic Signal TI $20,452,114 $12,452,114 $8,000,000 Highway 17 Bicycle & Pedestrian Overcrossing BPMP Priority Projects VMT $25,288,625 $18,966,469 $6,322,156 Kennedy Sidewalk & Bike Lanes BPMP Priority Projects VMT $1,402,065 $138,740 $1,263,325 Sidewalk Gap Filling Projects Other BPMP Projects - New Facilities
VMT $600,000 0 $600,000
New and Expanded Bicycle and Pedestrian
Facilities (Non-Priority Projects)
Other BPMP Projects - New
Facilities
VMT $2,000,000 0 $2,000,000
Los Gatos Almaden Road Complete Streets
Improvements
Complete Streets (Carryover) TI $4,226,672 $3,170,004 $1,056,668 Los Gatos Boulevard Multimodal Widening Complete Streets (Carryover) TI $5,635,562 $4,226,672 $1,408,891 Parking Program Implementation Lighting and Signage TI $400,000 0 $400,000 Bicycle and Pedestrian Improvements
Program -Safety Improvements
Other BPMP Projects - Bicyclist
and Pedestrian Safety
TI $1,000,000 0 $1,000,000
Priority Projects from Bicycle and Pedestrian
Master Plan
BPMP Priority Projects VMT $11,232,751 $5,616,375 $5,616,375 TOTALS $191,655,974 $148,949,891 $42,706,083 Page 348

COMPARISON OF PROPOSED FEE TO OTHER COMMUNITIES
14 City or Jurisdiction &
Update Year
Single-Family ($ per Dwelling
Unit, unless indicated)
Multi-Family ($ per
Dwelling Unit, unless
indicated)
Office ($ per 1,000 square
feet (KSF))
General Retail (unless
indicated)
($ per KSF)
Los Gatos (Current) $9,571 $6,841 $11,000 $10,045
Los Gatos (Proposed TIP) $20,098 $14,365 $24,706 $28,037 Menlo Park (2022) $18,845.593 $6,351.83 $21,880 $12,760 San Mateo (2022) $6,867.99 $3,468.58 $8,366.76 $27,735.48 San Carlos (2022) $7,243 $4,097 $8,413 $27,874
Los Altos (2022) $6,774.20 $4,159 $9,993.93 $12,408.73
Redwood City (2022) Non-Downtown: $1,617
Downtown: $1,212
Non-Downtown: $992
Downtown: $744
Non-Downtown: $2,380
Downtown: $1,790
Non-Downtown: $940
Downtown: $2,960
Palo Alto (2022) Citywide: $9,266 per net new PM peak hour trip Charleston/Arastradero district: $460/KSF commercial or $1,599 per DUE East Palo Alto (2022) $2,869.83 $2,024.79 $8,360 $8,360 Mountain View (2022) $5,364 $3,004 $5,720 $5,720
Cupertino (2022) $6,797 $4,215 $19,150 $10,940
Gilroy (2022) “Low-Density” $13,012 “High-Density” $10,548 Low Traffic Commercial: $14,397 High Traffic Commercial: $29,082
Morgan Hill (2022) $3,585 >1,200SF: $2,222
<1,200 SF: $1,399 $3,585 / Peak Hour Traffic
City of Santa Clara (2022) $1,391.16 $618.30 $1,610 Retail elements >50KSF:
$5,350
Sunnyvale (2023) Special planning zone: Lawrence Station Area Plan

Chapter Title Date
Why
How TIP supports the plans and policies we care about
Plans for Safety and Reduced Congestion
• Mobility Element of General Plan
• MOB-1: Reduce VMT and manage vehicle
congestion through a complete streets network
• MOB-2: Provide continuous, safe, and efficient
bicycle and pedestrian facilities
• MOB-4: …transportation network with
infrastructure and design features that allow
safe and convenient travel for all users
• Bike Pedestrian Master Plan
• Highway 17 Bicycle and Pedestrian
Overcrossing
• Local Roadway Safety Plan
• Council Strategic Priorities 2013-2025
• Traffic/Transportation
• Capital Improvement Program
• Traffic Signal Modernization
Fee Program Policy Objectives
• Defensibility: meet all statutory requirements and be able to withstand scrutiny with respect to methods,
analysis, and data inputs.
• Consistency: should be consistent with the General
Plan in terms of expected growth in land use,
assumed transportation infrastructure projects, and
findings on the aggregated VMT impacts.
• VMT Mitigation: Town wanted to use fee program as
one tool in environmental clearance process for new
development
• Funding Efficiency: Town has ambitious program of
planned projects of widely varying types- mostly
bike/ped and safety but also traffic signal system and
highway capacity (SR-17)
• Maintain reasonable administrative burden
15

PREPARED BY: Monica Renn
Economic Vitality Manager
Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 05/02/2023
ITEM NO: 14
DATE: April 27, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Agreement for Services with the Los Gatos Chamber of Commerce to Manage the Town’s Visitors Information Center Including a Visit Los Gatos Website, Related Social Media Pages, and Participation with Related Community Vitality Initiatives as Outlined in the Scope of Services in an Amount Not to Exceed $55,000.

RECOMMENDATION:

Authorize the Town Manager to execute an Agreement for Services with the Los Gatos Chamber of Commerce to manage the Town’s Visitors Information Center including a Visit Los Gatos Website, related social media pages, and participation with related community vitality initiatives as outlined in the scope of services in an amount not to exceed $55,000.

BACKGROUND:

The Chamber of Commerce has long been a valued partner with the Town of Los Gatos in supporting the business community, coordinating the Leadership Los Gatos program, and providing visitor information and destination marketing services. Beginning in 2001, the Town began formally contracting with the Chamber to provide such services and annual renewals with modifications as needed have been approved every year thereafter.

Originally, in 2001, the agreed upon scope of services with the Chamber of Commerce was quite extensive and included several additional tasks beyond the Visitors Information Center and Leadership Los Gatos services, including maintenance of the Town’s official website; creation, production/printing, and distribution of the Town’s calendar, Town maps, and brochures; and an advertising campaign with local radio stations and newspapers. The Town provided funding in the amount of $100,526 in total for these services, with the Town Information Center and Leadership Los Gatos accounting for about $42,000 of that total.

PAGE 2 OF 4
SUBJECT: Annual Agreement for Services with the Chamber of Commerce for the Town’s Visitors Information Center, FY 2023/24
DATE: April 27, 2023
BACKGROUND (continued):

As the years progressed, the contract for services evolved and the services provided by the Chamber of Commerce were reduced to the Visitors Information Center and Leadership Los Gatos. Around 2007, the Town was providing $33,000 for the Town’s Visitors Information Center and $15,000 for the coordination of Leadership Los Gatos, with additional budget to fund the Town staff participating as Leadership candidates.

The contract amount has continued to increase slightly over time, with the most notable increase taking place in Fiscal Year (FY) 2019/20 when the contracted amount was a not to exceed amount of $60,000, allocated as $55,000 for Visitors Information Center services and $5,000 for the assistance with the Town’s Leadership Los Gatos program. Additionally with this contract, the scope of services specific to the coordination of Leadership Los Gatos was reduced significantly with the workload being absorbed by Town staff.

For the following fiscal year (FY 2020/21), the COVID-19 pandemic had hit the Los Gatos community and the Town Council voted to continue to provide $55,000 to the Chamber as a subsidy for managing the Town’s Visitors Information Center and assisting with related community vitality initiatives, as they were a crucial partner in supporting the business community and community at large navigate health orders and dynamic economic environment. Leadership Los Gatos was suspended for the year.

Additionally, on May 4, 2021, the Town Council allocated $55,000 of the American Rescue Plan Act (ARPA) funds to the Chamber of Commerce to assist with emergency destination marketing to provide a jumpstart to community vitality efforts. The destination marketing effort included:
the creation of a “one stop” branded website, Visit Los Gatos; social media content development; video production of a Visit Los Gatos promotional video; investment into Visit California content; media relations, and “Fam” trips which are local tours for hotel and hospitality staff to get to know the area in order to make recommendations to guests.

When this money was allocated, the Town Council noted that this annual agreement for services would be forthcoming and that it was necessary to show a distinction between the services rendered under the funds allocated for the emergency destination marketing, and the services rendered under the Chamber’s annual agreement to facilitate the Town’s Visitors Information Center.

Subsequently, on June 15, 2021, the Town Council approved the annual agreement for services for FY 2021/22 for $55,000 for the Chamber of Commerce to operate the Town’s Visitors Information Center that included refreshed deliverables in the scope of services, which were developed in collaboration with the Chamber, and focused on website and social media efforts.

PAGE 3 OF 4
SUBJECT: Annual Agreement for Services with the Chamber of Commerce for the Town’s Visitors Information Center, FY 2023/24
DATE: April 27, 2023
BACKGROUND (continued):

Leadership Los Gatos was not included for FY 2021/22 as the program had not returned due to the ongoing COVID-19 pandemic.

As FY 2022/23 approached and staff prepared to bring forward a status quo agreement, the Chamber of Commerce requested an increase in funding from the Town for a total of $88,500 for the Visitors Information services. The Town Council voted to keep the contract amount at $55,000 for FY 2022/23; however, provided a grant for street pole banners through the Town’s community grant program, ARPA grant funding for the coordination and implementation of the Promenades summer event series, and subsidy for the annual Holiday Light Display installation.

DISCUSSION:

As the Town Council considers its review of the Proposed Budget for FY 20023-24 on May 16, 2023, staff has recognized the ongoing fiscal challenges of the Town and focused on a status quo approach for the next fiscal year. As a result, the proposed agreement for services with the Chamber of Commerce seeks to provide ongoing Visitors Information Center services in the amount of $55,000 (Attachment 1).

In April 2023, Town staff and the Mayor met with the Chamber of Commerce Executive Director and Board Members for a regularly scheduled quarterly meeting. At this time, the Chamber provided a Year End Report (Attachment 2). The report provides a snapshot of the services rendered that support the efforts of marketing Los Gatos as premiere Bay Area destination and supporting the local business community, Los Gatos residents, and visitors.

During this meeting, the Chamber of Commerce highlighted the services they provide, many of which exceed those included within the current scope of services; however, provide a benefit to several stakeholder groups including Chamber members and non-member businesses, residents, and visitors, and noted that with such a lean staff team, there tends to be the need to have staff perform both Chamber and Visitor Center duties, often simultaneously.

The Town values the partnership, marketing, and business community support provided by the Chamber of Commerce, and notes that they have provided the deliverables included in the current scope of services. The Chamber built and continues to maintain a reimagined website, https://visitlosgatosca.com, that serves residents and visitors alike, and is readily available through keyword web searches. In addition, they provide social media destination marketing, and support to the business community through the Visit Los Gatos Instagram and Facebook pages. The Chamber continues to create space for businesses and the Town to connect on meeting topics such as employee parking, holiday shopping safety, economic recovery and streamlining, and other Town efforts that have a direct impact on business stakeholders. The Town looks forward to continuing this partnership with the Chamber of Commerce.

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SUBJECT: Annual Agreement for Services with the Chamber of Commerce for the Town’s Visitors Information Center, FY 2023/24
DATE: April 27, 2023
DISCUSSION (continued):

During the quarterly meeting with the Mayor and Town staff, the Chamber shared concerns regarding their growing costs for doing business and supporting personnel, indicating that $55,000 may not be enough funding for future contracts. Town staff has not identified a source for additional funding at this time, thus is coming forward with the recommendation of a status quo agreement for $55,000 with a similar scope of services to the previous agreement.

The Town intends on reinstating and facilitating Leadership Los Gatos this fall and will absorb the program entirely for FY 2023-24. The Chamber is in a time of transition as they are recruiting a new Executive Director and are not able to commit to adding the coordination assistance for Leadership Los Gatos back into the scope of services at this time and will reevaluate a partnership for the program in the future.

CONCLUSION:

Town staff is recommending that the Council authorize the Town Manager to execute an Agreement for Services with the Los Gatos Chamber of Commerce to manage the Town’s Visitors Information Center including a Visit Los Gatos Website, related social media pages, and participation with related community vitality initiatives as outlined in the scope of services in an amount not to exceed $55,000.

Alternatively, the Town Council may wish to modify the scope of service or direct alternative funding options for the agreement for services with the Chamber of Commerce.

FISCAL IMPACT:

Funds for this agreement for services ($55,000) have been incorporated in the Proposed FY 2023/24 Budget.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Draft Agreement for Services for the Chamber of Commerce to manage the Town’s Visitors Information Center for FY 2023/24

2. Memo from the Executive Director of the Chamber of Commerce, Catherine Somers and President of the Los Gatos Chamber of Commerce Board of Directors, Jim Foley, dated April 19, 2023, Year End Report – FY 22-23