CITY COUNCIL MEETING -
AMENDED
AGENDA
7:00 PM - Tuesday, June 28, 2022
via Videoconference and In Person
Please Note: Per California Executive Order N-29-20, the City Council will meet via Telephone/Video Conference Only.
Telephone:1-253-215-8782 / Webinar ID: 829 9831 4865
https://losaltosca-gov.zoom.us/j/82998314865?pwd=T1dnS0l5bDB1NVhXR2ZIL2ZpeTluZz09 Passcode: 741231
TO PARTICIPATE VIA VIDEO: We have moved to ZOOM! Members of the public will need to have a working microphone on their device and must have the latest version of ZOOM installed (available at https://zoom.us/download). To request to speak, please use the “Raise hand” feature located at the bottom of the screen under the Reactions Icon.
TO PARTICPATE VIA TELEPHONE: Members of the public may also participate via telephone by calling the number listed above. To request to speak, press *9 on your telephone.
TO SUBMIT WRITTEN COMMENTS: Prior to the meeting, comments on matters listed on the agenda may be emailed to [email protected]. Emails sent to this email address are sent to/received immediately by the City Council. Please include a subject line in the following format:
PUBLIC COMMENT AGENDA ITEM ## - MEETING DATE
Correspondence submitted in hard copy/paper must be received by 2:00 PM on the day of the meeting to ensure distribution prior to the meeting. Correspondence received prior to the meeting will be included in the public record. .
Public testimony will be taken at the direction of the Mayor, and members of the public may only comment during times allotted for public comments.
AGENDA
CALL MEETING TO ORDER
ESTABLISH QUORUM
PLEDGE ALLEGIANCE TO THE FLAG
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REPORT ON CLOSED SESSION
SPECIAL ITEMS
A. Proclamation of the Mayor recognizing July is Parks Make Life Better Month B. Retiring Police Chief Andy Galea Proclamation
CHANGES TO THE ORDER OF THE AGENDA
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Members of the audience may bring to the Council's attention any item that is not on the agenda. Speakers are generally given two or three minutes, at the discretion of the Mayor. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during the Public Comment Period. According to State Law (also known as “The Brown Act”) items must first be noted on the agenda before any discussion or action.
C. PUBLIC COMMENTS (Added 6/30/22)
CONSENT CALENDAR
These items will be considered by one motion unless any member of the Council or audience wishes to remove an item for discussion. Any item removed from the Consent Calendar for discussion will be handled at the discretion of the Mayor.
1. Minutes: Approve Minutes of the City Council Regular Meeting of June 14, 2022. (A Rodriguez)
2. Adopt CalRecycle Local Assistance Grant: Approve Resolution 2022- __ authorizing the City Manager to accept the grant funding from the State of California in the amount of up to $44,027 to be used for SB 1383 outreach and education in the next two fiscal years (A. Fairman)
3. Project Acceptance: Annual Street Resurfacing and City Alley Resurfacing Project: Adopt Resolution No. 2022-XX FY20/21 re Annual Street Resurfacing and City Alley Resurfacing Project (TS-01001, TS-01003, TS-01004, and TS-01009); consider finding that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (M. Lee)
4. Project Acceptance: Fremont Avenue Pavement Rehabilitation: Adopt Resolution No. 2022- ____: Accept the Fremont Avenue Pavement Rehabilitation Project TS-01056, Federal Project STPL-5309(019); consider finding the project exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (M. Lee)
5. Approve Professional Services Agreement Amendment No. 3 with NBS: Authorize the City Manager to execute Amendment No. 3 on behalf of the City with NBS in the amount of $22,000 to provide administration of the sewer service charge for FY2021-22 (T. Nguyen)
6. Approve Financial System Purchase: Authorize the purchase of a Cloud-Based Enterprise Resource Planner (ERP) from Tyler Technologies, Inc., a Delaware corporation, pursuant to the Cooperative Purchasing Contract, for an initial amount of $347,002, and $99,436 annually 2 6/28/2022 CITY COUNCIL MEETING - AMENDED AGENDA Page 3 of 4 thereafter for an initial term of five years and a total of $844,182, inclusive of annual maintenance over the five-year term (J. Furtado)
7. Award of Contract for Custodial Cleaning Services: Authorize the City Manager to execute an agreement with IMPEC Group for custodial cleaning services in the amount of $394,380 for fiscal year 22/23 on behalf of the City (M. Hernandez)
8. FY 21/22 Final Budget and FY 22/23 Mid Term Budget: Adopt Resolution 2022-__ FY 22-26 Capital Projects; Adopt Resolution 2022-__ FY 23 Midterm Operating Budget; Adopt Resolution 2022-__ FY 23 Utility User Tax Rate; Adopt Resolution 2022-__ FY 23 Transient Occupancy Tax Rate; Adopt Resolution 2022-__ FY 22 Park in Lieu Fund Appropriation; Adopt Resolution 2022- __ FY 2021/22 Final Operating Budget Resolution (J. Furtado)
9. Wireless Telecommunications Facilities Ordinance: Adopt an Ordinance Of The Los Altos City Council Amending Los Altos Municipal Code Chapter 11.12 And Adding Chapter 14.82 Relating To Wireless Telecommunications Facilities And Utility Infrastructure Setting New Locational Requirements And Revising Development Standards.
10. Youth Commission Appointments: Accept the Youth Commission Interview Subcommittee appointment recommendations and make recommended appointments to the Los Altos Youth Commission (A. Rodriguez)
PUBLIC HEARINGS
11. 355 1st St LLC: Consider approval of Proposed Four-Story Multiple-Family Residential Project at 355,365,371,373 First Street; adopt mitigated negative declaration for project (S. Gallegos)
DISCUSSION ITEMS
12. This item has been removed from the Agenda
Open Government Policy: Review and provide direction accordingly
13. Council Legislative Subcommittee Update And Potential Council Action: Receive update from the City Council Legislative Subcommittee; discuss pending legislation including, but not limited to AB 2053, AB 2097, AB 2221, AB 2625, AB 2164, AB 1944, AB 2011, AB 2181, SB 897, SB 922, SB 930, SB 932, & SB 1067
INFORMATIONAL ITEMS ONLY
14. Tentative Council Calendar
COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS
ADJOURNMENT
(Council Norms: It will be the custom to have a recess at approximately 9:00 p.m. Prior to the recess, the Mayor shall announce whether any items will be carried over to the next meeting. The established hour after which no new items will be started is 11:00 p.m. Remaining items, however, may be considered by consensus of the Council.)
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SPECIAL NOTICES TO THE PUBLIC
In compliance with the Americans with Disabilities Act, the City of Los Altos will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk 72 hours prior to the meeting at (650) 947-2610.
Agendas Staff Reports and some associated documents for City Council items may be viewed on the Internet at http://www.losaltosca.gov/citycouncil/online/index.html.
All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, and that are distributed to a majority of the legislative body, will be available for public inspection at the Office of the City Clerk’s Office, City of Los Altos, located at One North San Antonio Road, Los Altos, California at the same time that the public records are distributed or made available to the legislative body.
If you wish to provide written materials, please provide the City Clerk with 10 copies of any document that you would like to submit to the City Council for the public record. 4 5
Agenda Item # A.
6 Agenda Item # B.
From: Kacey Fitzpatrick
To: Public Comment
Subject: Vote NO on draft Military Equipment Use Policy Date: Tuesday, June 28, 2022 5:29:02 PM
Dear Honorable Mayor, Vice-Mayor, and Councilmembers,
I want to express that I strongly do not support the approval of our draft Military Equipment Use policy as is. We can do better.
The policy as proposed does not safeguard the public’s welfare, safety, civil rights, and civil liberties, so it should not be approved.
The policy leaves too many loopholes for the usage of military equipment in any capacity.
We can do better.
I specifically want to see prohibited use cases for every piece of military equipment so that we can minimize injuries and fatalities in our community.
Now is the time to take a strong and clear stand. We have an opportunity with the passage of AB481, for our Police Department and our City to be thoughtful in the creation of a new Military Equipment Use policy. I would like to see complete reconsideration of how we invest in creating peace and safety in our community. We can do better.
Thank you for your consideration of this matter.
Sincerely,
Kacey
--
Kacey Fitzpatrick
151 Mountain View Ave.
Los Altos, CA 94024
7 Agenda Item # C.
CITY COUNCIL MEETING
MINUTES
7:00 PM - Tuesday, June 14, 2022
via Videoconference
CALL MEETING TO ORDER
At 7:00 p.m. Mayor Enander called the meeting to order.
ESTABLISH QUORUM
PRESENT: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows and Mayor Enander
ABSENT: None
PLEDGE ALLEGIANCE TO THE FLAG
Mayor Enander led the pledge of allegiance.
REPORT ON CLOSED SESSION
No Closed Session - Nothing to report.
Mayor Enander informed everyone that Item 12 will not be addressed at tonight’s meeting.
CHANGES TO THE ORDER OF THE AGENDA
No changes were requested.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Jim Fenton, Rajatsuri, and Jeanine Valadez spoke on items not on the agenda.
SPECIAL ITEMS
A. Juneteenth Proclamation
Mayor Enander presented the Juneteenth Proclamation.
CONSENT CALENDAR
1. Minutes: Approve Minutes of the City Council Regular Meeting of May 24, 2022. (A Rodriguez)
2. Reject Bid for Annual Storm Drain Improvements on Milverton Road: Authorize the City Manager to reject the bid received for the Milverton Road Storm Drain Improvements Project, Project CD-01012, request the design consultant to reevaluate the project plans and specifications, and rebid the project (T. Nguyen)
8 Agenda Item # 1.
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3. SB-1 Road Repair and Accountability Act Resolution: Adopt Resolution No 2022-XX, identifying street maintenance projects to be funded by Senate Bill 1 (SB-1) Road Repair and Accountability Act; find the adoption of the resolution exempt pursuant to California Environmental Quality Act Guidelines Section 15301 (Existing Facilities) (G. Watanabe)
4. Approve Contract: Authorize the City Manager to execute an agreement on behalf of the City with Alta Planning + Design in an amount not to exceed $154,814 to provide additional Safe Routes to Schools consulting services for the Transportation Division of the Engineering Services Department. (M. Lee)
5. Appointments to Remaining Term for Santa Clara County Cities Association Board of Directors: Appoint Mayor Enander to the Santa Clara County Cities Association Board of Directors and Vice Mayor Meadows as Alternate
6. Emergency Declaration Resolution: Adopt a Resolution extending the declaration of a local emergency due to the COVID-19 pandemic
7. Contract Amendment: Complete Streets Master Plan: Authorize the City Manager to execute Amendment #3 for Professional Services Agreement with Alta Planning + Design for Complete Streets Master Plan and find that the execution of Amendment #3 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061, 15262, 15301, 15304 and 15322 (M. Lee)
Council Member Fligor requested Item 5 to be removed from the Consent Calendar and asked a clarifying question on Item 2.
Following a motion by Council Member Lee Eng, seconded by Vice Mayor Meadows, Items 1-4, 6 and 7 were approved 5-0 with the following roll call vote:
AYES: Council Member Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
Regarding Item 5, Council Member Fligor requested to be the appointed as the primary representative to remaining term for Santa Clara County Cities Association Board of Directors followed by Council discussion.
The following members of the public commented: Pete Dailey, and Jeanine Valadez.
Council Member Lee Eng moved to make the appointment to the remaining term for Santa Clara County Cities Association Board of Directors as presented, seconded by Mayor Enander.
A substitute motion was made by Council Member Weinberg to appoint Council Member Fligor to the remaining term for Santa Clara County Cities Association Board of Directors, seconded by Council Member Fligor.
9 Agenda Item # 1.
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A second substitute motion was made by Vice Mayor Meadows to appoint Council Member Fligor to the remaining term for Santa Clara County Cities Association Board of Directors to a date uncertain and allow the City Manager and City Attorney to bring this item back to the Council when a certain matter reaches a full resolution, seconded by Mayor Enander. Council Member Fligor requested a friendly amendment, which was accepted, to have this Item brought back to the Council when all related matters were resolved. Motion passed 4-1 with the following roll call vote:
AYES: Council Members Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander NOES: Council Member Fligor
ABSENT: None
ABSTAIN: None
PUBLIC HEARINGS
8. Hold the Public Hearing, Consider Resolution No. 2022-__: Adopt a Resolution approving Sewer Service Charges for FY 2022/23, and Consider a Finding that the Adoption of the Resolution Is Exempt from Review under the California Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines Section 15273 (A. Fairman)
Aida Fairman, Engineering Services Manager, presented to the Council.
There was no public comment.
Following a motion by Council Member Weinberg, seconded by Council Member Fligor, the Resolution approving Sewer Service Charges for FY 2022/23, and Finding that the Adoption of the Resolution Is Exempt from Review under the California Environmental Quality Act (“CEQA”) Pursuant to CEQA Guidelines Section 15273 was passed 5-0 with the following roll call vote:
AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
9. FY 2021/22 Budget Appropriations: Review and Approve Final Adjustments to FY 21/22 Budget appropriations (J.Furtado)
John Furtado, Finance Director, presented to Council.
The following members of the public commented: Roberta Phillips, and Jeanine Valadez.
Council Member Fligor moved, seconded by Vice Mayor Meadows, to increase the budget for legal fees by $1,000,000 from $2,500,000 to $3,500,000. Motion passed 5-0 with the following roll call vote:
AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
10 Agenda Item # 1.
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Council Member Fligor moved, seconded by Council Member Weinberg, to provide $38,000 in funding, from Park in Lieu funds, to participate in a feasibility study for a new live theater located in downtown Los Altos. Motion passed 3-2 with the following roll call vote:
AYES: Council Members Fligor, Weinberg, Vice Mayor Meadows NOES: Council Member Lee Eng, Mayor Enander
ABSENT: None
ABSTAIN: None
Vice Mayor Meadows moved, seconded by Council Member Weinberg, to approve the rest of the financial adjustment as presented by staff passed. Motion passed 5-0 with the following roll call vote:
AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Enander moved, seconded by Council Member Lee Eng, to ask staff to return at the June 28, 2022 Regular Council meeting with a final resolution incorporation all changes as indicated tonight for the FY 21/22 Budget appropriations. Motion passed 5-0 with the following roll call vote:
AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
10. Proposed FY 2022/23 Mid-Term Budget: Approve the following actions:
A. Approve the FY 2022/23 Mid-Term Budget; and
B. Adopt Resolution No. 2022-__ establishing the FY 2022-23 Appropriations Limit; and C. Adopt Resolution No. 2022-__ setting certain fees and charges to be collected in FY 2022/23; and D. Adopt Resolution No. 2022-__ approving the FY 2022/23 Pay Schedule Gabe England, City Manager and John Furtado, Finance Director, presented to Council.
Vice Mayor Meadows, Council Members Lee Eng, Fligor, Weinberg, and Mayor Enander asked clarifying questions to Mr. Furtado and Mr. Engeland to which they responded.
At 9:49 pm, Mayor Enander called a for a recess and returned the meeting back to order at 10:10 pm.
The following members of the public commented: Roberta Phillips.
Council Member Weinberg moved, seconded by Mayor Enander, to adopt a Resolution establishing the FY 2022-23 Appropriations Limit. Motion passed 5-0 with the following roll call vote:
11 Agenda Item # 1.
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AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
Council Member Weinberg moved, seconded by Mayor Enander, to adopt a Resolution setting certain fees and charges to be collected in FY 2022/23. Motion passed 5-0 with the following roll call vote:
AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Enander moved, seconded by Council Member Weinberg, to adopt a Resolution approving the FY 2022/23 Pay Schedule. Motion passed 5-0 with the following roll call vote:
AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Enander moved, seconded by Council Member Lee Eng, to request staff to bring back the discussed changes as a Resolution on the June 28, 2022 Regular Meeting to formally adopt the FY 22/23 budget including the specified allocations. Motion passed 5-0 with the following roll call vote:
AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
11. Wireless Telecommunications Facilities Ordinance and Design Guidelines:
Approve Resolution 2022-__, Wireless Telecommunications Facilities Adopting a Negative Declaration in compliance with CEQA; and
Approve Ordinance 2022-__, Wireless Telecommunications Facilities Locational Standards, as recommended by the Planning Commission with additional modifications per City Council discussion on April 12 and May 10, 2022; and
Approve Resolution 2022-__, Wireless Telecommunications Facilities Design Guidelines, as recommended by the Planning Commission with additional modifications per City Council discussion on April 12 and May 10, 2022.
Lloyd Zola, Principal at Metis Environmental, presented to the Council. Attorney Deborah Fox, with Meyers Nave, explained to Council the final changes made to attachment 2 and 3 of the staff report. 12 Agenda Item # 1.
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Council Members Lee Eng, Fligor and Mayor Enander asked clarifying questions to Mr. Zola.
The following members of the public commented: Roberta Phillips.
City Attorney Houston provided a legal summary of the matters for consideration and an overview of the credentials of the expert team that worked on this item.
Council Members Weinberg, Fligor, Vice Mayor Meadows, and Mayor Enander provided additional comments.
Mayor Enander moved, seconded by Council Member Fligor, to approve a Resolution regarding Wireless Telecommunications Facilities Adopting a Negative Declaration in compliance with CEQA as presented.
Motion passed 4-1 with the following roll call vote:
AYES: Council Members Fligor, Weinberg, Vice Mayor Meadows, Mayor Enander NOES: Council Member Lee Eng
ABSENT: None
ABSTAIN: None
Mayor Enander moved, seconded by Council Member Lee Eng, to introduce and waive further reading to the Ordinance amending Los Altos Municipal Code Chapter 11.12 and adding Chapter 14.82 relating to Wireless Telecommunications Facilities and Utility Infrastructure setting new locational requirements and revising development standards as amended and reviewed. Motion passed 3-2 with the following roll call vote:
AYES: Council Members Fligor, Lee Eng, Mayor Enander
NOES: Council Member Weinberg, Vice Mayor Meadows
ABSENT: None
ABSTAIN: None
Mayor Enander moved, seconded by Council Member Lee Eng, to approve a Resolution on Wireless Telecommunications Facilities Design Guidelines, as recommended by the Planning Commission with additional modifications per City Council discussion on April 12 and May 10, 2022. Motion passed 5-0 with the following roll call vote:
AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
Mayor Enander moved, seconded by Council Member Weinberg, to direct staff to work with the contracted experts to rigorously review and amend as needed the permit application for wireless facilities.
Council Member Lee Eng made a friendly amendment to include ‘rigorously’ as part of the motion, which was accepted. Motion passed 5-0 with the following roll call vote:
13 Agenda Item # 1.
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AYES: Council Members Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
DISCUSSION ITEMS
12. AB 481 Military Equipment Use Policy: Review the Los Altos Police Department Draft Policy 709 and provide modifications as needed (K. Krauss)
13. Council Legislative Subcommittee Update And Potential Council Action: Receive update from the City Council Legislative Subcommittee; discuss pending legislation including, but not limited to AB 2053, AB 2097, AB 2221, AB 2625, AB 2164, AB 1944, AB 2011, AB 2181, SB 897, SB 922, SB 930, SB 932, & SB 1067
Given the hour, Items 12 and 13 were not considered.
INFORMATIONAL ITEMS ONLY
14. Tentative Council Calendar
COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS Council Member Weinberg requested for a Flag Raising Policy to be brought back to Council.
Council Member Lee Eng requested a future agenda item to discuss the City’s policy around funding nonprofits and outside organizations, the 1% Art Ordinance Funding and discuss creating a Housing Fund.
Council Members Lee Eng and Fligor shared their interest in attending the League of CA Cities 2022 Annual Conference.
Council Member Lee Eng gave a report on CalWater’s efforts around water conservation and how to address water drought and shortage.
Council Members Fligor, Lee Eng, and Mayor Enander shared that they met the City’s summer Interns.
ADJOURNMENT
Meeting adjourned at 1:18 a.m.
__________________________
Anita Enander MAYOR
ATTEST:
_____________________________________
Angel Rodriguez, INTERIM CITY CLERK
14 Agenda Item # 1.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
AGENDA REPORT SUMMARY
Meeting Date: June 28, 2022
Subject Resolution 2022- __: Authorize the City Manager to accept the grant funding from the State of California in the amount of up to $44,027 to be used for SB 1383 outreach and education in the next two fiscal years Prepared by: Aida Fairman, Engineering Services Manager Reviewed by: Jim Sandoval, Engineering Services Director Approved by: Gabriel Engeland, City Manager
Attachment:
A. Resolution 2022-___
Initiated by:
City Staff
Previous Council Consideration:
February 22, 2022
Fiscal Impact:
The grant will increase available funds by $44,027 for SB 1383 outreach and education and other SB 1383 implementation needs over a two-year period from FY 2022-23 to FY 2023-2024.
Environmental Review:
Not applicable
Policy Question for Council Consideration:
Does the City Council wish to accept the grant from CalRecycle for SB 1383 outreach and education?
15 Agenda Item # 2.
Subject: Resolution 2022- __: Authorize the City Manager to accept the grant funding from the State of California in the amount of up to $44,027 to be used for SB 1383 outreach and education in the next two fiscal years
June 28, 2022 Page 2
Summary:
In September 2016, Governor Jerry Brown signed into law SB 1383 organic waste diversion regulations, and in November 2020, the California Department of Resources Recycling and Recovery (CalRecycle) finalized SB 1383 regulations. SB 1383 requires the City to adopt an enforceable ordinance(s) that requires businesses and residents to recycle their organic waste and comply with other requirements of the regulation.
In November 2021, the City of Los Altos Municipal Code was updated to include requirements to comply with the State’s goal of reducing organic waste disposal by 75% by 2025.
In November 2021, the City of Los Altos Municipal Code was updated to include an ordinance to recover edible food to comply with the State’s goal of reducing edible food disposal by 20% by 2025.
The Department of Resources Recycling and Recovery (CalRecycle) is administering a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB170 Budget Act of 2021.
This non-competitive grant program provides funding to local jurisdictions to assist with the implementation of regulatory requirements associated with SB 1383. In January 2022, the State of California invited all jurisdictions in California to apply for a Local Assistance Grant for SB 1383 implementation. The City applied and was granted the funds. The State increased the funding amount from an estimated $41,038 to $44,027.
Staff Recommendation:
Adopt Resolution 2022-___ authorizing the City Manager to accept the CalRecycle Local Assistance Grant
16 Agenda Item # 2.
ATTACHMENT A
Resolution No. 2022-__ Page 1
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
TO ACCEPT LOCAL ASSISTANCE GRANT FUNDING FROM CALRECYCLE WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and 42021.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established the SB 1383 Local Assistance Grant to make payments to qualifying jurisdictions; and
WHEREAS, the City of Los Altos requires City Council approval to accept grants; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the City Manager to accept $44,027 in funding for SB 1383 implementation, which is anticipated to be spent on community outreach and education.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
17 Agenda Item # 2.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
AGENDA REPORT SUMMARY
Meeting Date: June 28, 2022
Subject: Consider Adoption of Resolution No. 2022-XX FY20/21 Re: Project Acceptance of Annual Street Resurfacing and City Alley Resurfacing Project (TS-01001, TS-01003, TS-01004, and TS-01009); consider finding that the project is except from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301
Prepared by: Gaku Watanabe, Assistant Engineer
Reviewed by: Jim Sandoval, Engineering Services Director Approved by: Gabriel Engeland, City Manager
Attachments:
A. Resolution No. 2022-XX
B. Project Map
Initiated by:
City Council CIP Projects TS-01001, TS-01003, TS-01004, and TS-01009 Previous Council Consideration:
May 11, 2021
Fiscal Impact:
The table below summarizes the final cost of the project.
Project Item Project Budget Final Costs
Construction $ 2,068,666.92 $ 2,068,666.92
Construction Contingency (15%) $ 310,300.04 $ 310,098.79 Inspection $ 82,516.00 $ 82,505.75
Printing/Advertising/Mailing/Misc. $ 10,000.00 $ 810.66 Total Cost: $ 2,471,482.96 $ 2,462,082.12
Total savings between construction and contingency of $9,400.84 will be forwarded to the FY21/22 project budget for Annual Street Resurfacing Project (TS-01001). 18 Agenda Item # 3.
Subject: Project Acceptance - Resolution No. 2022-___ FY20/21 Annual Street Resurfacing and City Alley Resurfacing Project (TS-01001, TS-01003, TS-01004, and TS01009) June 28, 2022 Page 2
Environmental Review:
The acceptance of the work is categorically exempt from review under the California Enviromental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) (Existing Facilities) in that the project consists of the operation, repair, and maintenance of existing facilities such as streets.
Also, the projectinvolves negligible or no expansion of existing or former use, and none of the circumstaces stated in CEQA Guidelines Section 15300.2 applies.
Summary:
The construction contract was awarded to G. Bortolotto & Co. on May 11, 2021. The project is complete. Staff recommends the City Council accept the project.
Staff Recommendation:
Adopt Resolution No. 2022-XX accepting completion of the Fiscal Year 2020/21 Annual Street Resurfacing Project and authorize the Engineering Services Director to record a Notice of Completion as required by law.
Purpose
Accept the project as complete.
Background
Annual Street Resurfacing Project (TS-01001), Annual Street Slurry Seal Project (TS-01004), and Annual City Alley Resurfacing Project (TS-01009) are dedicated to repairing and maintaining asphalt concrete (AC) roadways and alleyways in the City. The Annual Street Striping Project (TS-01003) is also part of the pavement management program dedicated to maintaining striping and pavement markings on City streets. This year, these four projects were combined into one large project named “Annual Street Resurfacing and City Alley Resurfacing”. This project completed resurfacing treatments on various street segments and alleyways selected for resurfacing in coordination with the City’s pavement management program by performing localized pavement damage repairs (digouts), overlaying the entire roadway segments with asphalt-concrete or a protective seal coat called “microsurfacing.” This project also included signage and striping improvements on Eastwood Drive, Campbell Avenue, and Fremont Avenue.
Discussion/Analysis
19 Agenda Item # 3.
Subject: Project Acceptance - Resolution No. 2022-___ FY20/21 Annual Street Resurfacing and City Alley Resurfacing Project (TS-01001, TS-01003, TS-01004, and TS01009) June 28, 2022 Page 3
The project was completed in accordance with the contract plans and specifications and complies with the Standard Specifications of the City of Los Altos. The final cost of the construction contract with G. Bortolotto & Co is $ 2,378,765.71. All work was completed and is acceptable.
Recording of the Notice of Completion shortens the time for subcontractors and material providers to file stop payment notices on the project and triggers the timeline to release withheld retention in accordance with state prompt payment laws. Attachment 2 is the proposed resolution of acceptance.
When a public works project is completed and the City’s engineering staff determines that the work is acceptable, then the acceptance of the work by the City Council is a quasi-ministerial act such that the City Council must accept the work absent clear evidence that the work was not performed in conformance with the contract.
Recommendation
Adopt Resolution No. 2022-XX accepting completion of the Fiscal Year 2020/21 Annual Street Resurfacing Project and authorize the Engineering Services Director to record a Notice of Completion as required by law, and find that the Council’s action in adopting the resolution is exempt from review under CEQA pursuant to CEQA Guidelines Section 15301(c). 20 Agenda Item # 3.
ATTACHMENT A
Resolution No. 2022-___ Page 1
RESOLUTION NO. 2022-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
ACCEPTING COMPLETION AND DIRECTING THE ENGINEERING SERVICES
DIRECTOR TO FILE A NOTICE OF ACCEPTANCE OF COMPLETION OF THE FISCAL YEAR 2020/21 ANNUAL STREET RESURFACING AND CITY ALLEY RESURFACING PROJECT TS-01001, TS-01003, TS-01004, AND TS-01009 WHEREAS, the Los Altos Engineering Services Director has filed with the City Clerk of Los Altos an Engineer's Certificate for the completion of all work provided within and pursuant to the contract between said City and G. Bortolotto & Co., dated June 28, 2021; and WHEREAS, it appears to the satisfaction of this City Council that work under said contract has been fully installed and completed as provided in said contract and the plans and specifications therein referred to.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the following:
1. That acceptance of completion of said work is hereby made and ordered; and
2. That the Engineering Services Director is directed to execute and file for recording with the County Recorder of the County of Santa Clara, Notice of Acceptance of Completion thereof, as required by law.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
21 Agenda Item # 3.
22 Agenda Item # 3.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
AGENDA REPORT SUMMARY
Meeting Date: June 28, 2022
Subject Consider adoption of Resolution No. 2022-____: Accept the Fremont Avenue Pavement Rehabilitation Project TS-01056, Federal Project STPL-5309(019); consider finding the project exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301
Prepared by: Gaku Watanabe, Assistant Engineer
Reviewed by: Jim Sandoval, Engineering Services Director Approved by: Gabriel Engeland, City Manager
Attachments:
1. Project Map
A. Resolution No. 2022-___
Initiated by:
City Council CIP Project TS-01056
Previous Council Consideration:
July 11, 2017; July 9, 2019; June 22, 2021; November 9, 2021 Fiscal Impact:
Construction was completed with total spending of $1,555,064.09 at the time of this report.
Project Item Project Budget Final Cost
Design and Engineering $ 170,000.00 $ 152,192.03
Construction $ 1,173,476.35 $ 1,173,476.35
Construction Contingency (15%) $ 176,021.45 $ 113,791.90 Inspection $ 185,193.00 $ 53,862.58
Construction Management (ongoing) $ 240,784.56 $ 58,985.60 Printing/Advertising/Mailing/Misc. $ 10,000 $ 2,755.63
Estimated Total Cost $ 1,955,475.36 $ 1,555,064.09
Funds Available Budget Remaining after Project
One Bay Area Grant (OBAG) $ 336,000 $ 0
23 Agenda Item # 4.
Subject: Resolution No. 2022-___: Accept the Fremont Avenue Pavement Rehabilitation Project TS-01056, Federal Project STPL-5309(019)
June 28, 2022 Page 2
CIP Funds TS-01056 $ 1,750,000 $ 588,541.51
ESD Operating Budget* $ 70,000 $ 12,394.40
Total Project Budget $ 2,156,000.00 $ 600,935.91
$600,935.91 remaining from CIP TS-01056 will be returned to TS-01056. *Engineering Services Department operating budget is still under use. Remaining funds from this budget will be returned to operating budget for professional services.
Environmental Review:
The acceptance of the work is categorically exempt from review under the California Enviromental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c) (Existing Facilities), in that the project consists of the operation, repair, and maintenance of existing facilities such as streets.
Also, the project involves negligible or no expansion of existing or former use, and none of the circumstances stated in CEQA Guidelines Section 15300.2 applies.
Summary:
The City received a One Bay Area Grant (OBAG) in the amount of $336,000 for the construction phase of the Fremont Avenue Pavement Rehabilitation Project – Grant Road to Steven Creek in 2017.
CIP Project TS-01056 was approved in 2017.
On February 25, 2021, the Authorization to Proceed with construction was received from the California Department of Transportation (Caltrans) for the OBAG fund (Federal project number: STPL-5309(019)).
City advertised and awarded the contract to Interstate Grading & Paving, Inc. Construction began in October 2021 and was completed in March 2022. The project is complete. Staff recommends the City Council to accept the Project.
Purpose
Accept CIP Project TS-01056 as completed.
Background
Fremont Avenue Pavement Rehabilitation, Project TS-01056, was dedicated to resurfacing Fremont Avenue with asphalt concrete (AC) from Grant Road to easterly the City Limit near Stevens Creek. This project was partially funded by a federal grant, One Bay Area Grant (OBAG), in the amount of $336,000. In February 2021, the City received the Authorization to Proceed with the construction phase from the California Department of Transportation (Caltrans) which oversees the release of the federal grant.
24 Agenda Item # 4.
Subject: Resolution No. 2022-___: Accept the Fremont Avenue Pavement Rehabilitation Project TS-01056, Federal Project STPL-5309(019)
June 28, 2022 Page 3
The scope of work of the project included repairing failed AC pavement sections using the Cold In-Place Recycling method, allowing recycled pavement material to be used for the base layer.
The City also implemented complete street signage and striping improvements as part of the project, adding buffered green bike lanes and crosswalks.
Discussion/Analysis
Project TS-01056 was completed in accordance with the contract plans and specifications and complies with the Standard Specifications of the City of Los Altos. The final cost of the construction contract with Interstate Grading & Paving was $1,287,268.25. All work was completed and is acceptable. When a public works project is completed and the City’s engineering staff determines that the work is acceptable, then the acceptance of the work by the City Council is a quasi-ministerial act such that the City Council must accept the work absent clear evidence that the work was not performed in conformance with the contract.
Staff Recommendation:
Adopt Resolution No. 2022-___ accepting the Fremont Avenue Pavement Rehabilitation Project TS-01056, Federal Project STPL-5309(019), and authorize the Engineering Services Director to record a notice of completion as required by Law.
25 Agenda Item # 4.
ATTACHMENT A
Resolution No. 2022-__ Page 1
RESOLUTION NO. 2022-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
ACCEPTING COMPLETION AND DIRECTING THE ENGINEERING SERVICES
DIRECTOR TO FILE A NOTICE OF ACCEPTANCE OF COMPLETION OF THE
FREMONT AVENUE PAVEMENT REHABILITATION PROJECT, FEDERAL PROJECT STPL-5309(019)
WHEREAS, the Los Altos Engineering Services Director has filed with the City Clerk of Los Altos an Engineer's Certificate for the completion of all work provided within and pursuant to the contract between said City and Interstate Grading & Paving, Inc., dated June 28, 2021; and
WHEREAS, it appears to the satisfaction of this City Council that work under said contract has been fully installed and completed as provided in said contract, and the plans and specifications therein referred to.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the following:
1. That acceptance of completion of said work is hereby made and ordered; and
2. That the Engineering Services Director is directed to execute and file for recording with the County Recorder of the County of Santa Clara, Notice of Acceptance of Completion thereof, as required by law.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
26 Agenda Item # 4.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
AGENDA REPORT SUMMARY
Meeting Date: June 28, 2022
Subject Amendment No. 3 to Professional Services Agreement with NBS for Annual Administration of Sewer Service Charges for FY 2021-2022 Prepared by: Thanh Nguyen, Senior Civil Engineer
Reviewed by: Aida Fairman, Engineering Services Manager James Sandoval, Engineering Services Director
Approved by: Gabriel Engeland, City Manager
Attachment:
A. Resolution
Initiated by:
Staff
Previous Council Consideration:
None
Fiscal Impact:
The following action will cost $22,000 for Amendment No. 3 for sewer service charges administration.
- Breakdown of funds to be used:
o $22,000 Sewer Fund
- Amount already included in approved budget: Y
- Amount above budget requested: 0
Environmental Review:
Not applicable - Categorically Exempt pursuant to CEQA Section 15061(b)(3). It can be seen with certainty that the contract amendment will not pose a significant effect on the physical environment, and none of the circumstances in CEQA Guidelines Section 15300.2 applies.
Policy Question(s) for Council Consideration:
Not applicable
27 Agenda Item # 5.
Subject: Amendment No. 3 to Professional Services Agreement with NBS for Annual Administration of Sewer Service Charges
June 28, 2022 Page 2
Summary:
The amendment to the existing agreement with NBS causes the total contract value to exceed the $100,000 limit, which requires authorization by City Council The sewer service charge, as imposed by the Los Altos Municipal Code Chapter 10.12, must be annually administered for all parcels served by the Los Altos sewer system The sewer service charge provides revenue to the Los Altos Sewer Fund Staff Recommendation:
Authorize the City Manager to execute Amendment No. 3 on behalf of the City with NBS in the amount of $22,000 to provide administration of the sewer service charge for FY2021-2022 28 Agenda Item # 5.
Subject: Amendment No. 3 to Professional Services Agreement with NBS for Annual Administration of Sewer Service Charges
June 28, 2022 Page 3
Purpose
Authorize the City Manager to execute Amendment No. 3 on behalf of the City with NBS in the amount of $22,000 to provide administration of the sewer service charge for FY2021-22.
Background
Administration of the Sewer Service Charge includes various tasks such as the calculation of charges for each parcel served by the Los Altos sanitary sewer system, annual report of charges, notice of adjustment mailed to all applicable parcels, and County secured roll review. The annual sewer service charge provides revenue to the Los Altos Sewer Fund, which is used to fund the City’s sanitary sewer programs including routine maintenance, CIP projects for infrastructure improvements, inspection programs, and payments for wastewater treatment.
Discussion/Analysis
On July 12, 2017, the City of Los Altos entered into an agreement in the amount of $99,790 with NBS to perform the Sewer Rate Structure Analysis, the Administration of the Proposition 218 Process, and the Annual Administration of the City of Los Altos Sewer Service Charge.
Amendment No. 1 was executed on December 17, 2019, in the amount of $27,518.50 for an additional year of sewer service charge administration. Amendment No. 2, executed on November 6, 2020, added $26,515.50 for annual sewer service charge administration. However, this amount is not sufficient to cover the services for FY 2021-22 and the budget rollovers from FY2020-21.
Therefore, Amendment No. 3 is needed in the amount of $22,000 to cover the budget shortfall for NBS’ professional services for the annual sewer service charge administration through FY2022. NBS has satisfactorily performed the Annual Sewer Service Charge Administration for the City of Los Altos for over four years.
Recommendation
The staff recommends authorizing the City Manager to execute an amendment on behalf of the City with NBS in the amount of $22,000 to provide administration of the sewer service charge through FY2022.
29 Agenda Item # 5.
Attachment A
Resolution No. 2022-XX Page 1
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3
TO THE AGREEMENT WITH NBS IN THE AMOUNT NOT TO EXCEED
$22,000 FOR THE ANNUAL ADMINISTRATION OF SEWER SERVICE
CHARGES
FOR FISCAL YEAR 2021-22
WHEREAS, pursuant to Chapter 10.12 of Los Altos Municipal Code, the City of Los Altos imposes a Sewer Service Charge upon parcels connected to the sewer system; and WHEREAS, pursuant to section 5473 of the California Health & Safety Code, the City Council has elected to annually collect the Sewer Service Charge on the property tax roll; and
WHEREAS, pursuant to CEQA Section 15061(b)(3), this amendment is exempt from environmental review as it can be seen with certainty that the contract amendment will not pose a significant effect on the physical environment, and none of the circumstances in CEQA Guidelines Section 15300.2 applies; and
WHEREAS, NBS has satisfactorily performed the Annual Sewer Service Charge Administration for the City of Los Altos for over four years.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby
Authorizes the City Manager to execute Amendment No. 3 to the agreement with NBS in the amount of $22,000 for the Annual Administration of Sewer Service Charges for FY 2021-22.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
30 Agenda Item # 5.
AGENDA REPORT SUMMARY
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
Meeting Date: June 28, 2022
Subject: Authorize the purchase of a cloud-based Enterprise Resource Planner (ERP) from Tyler Technologies, Inc.
Prepared by: John Furtado, Finance Director
Approved by: Gabriel Engeland, City Manager
Attachment(s):
1 – Cost Proposal Tyler Technology
2 – Scope of Work Document
Initiated by:
Staff
Previous Council Consideration:
None
Fiscal Impact:
The total contract amount for Council approval is $347,002, plus an additional annual maintenance fee of $99,436. The implementation funds will come from the Information Technology Fund which was funded with $350,000 of ARPA funding. The Annual Maintenance fees will be covered by the elimination of currently used ERP and Payroll processing systems.
Environmental Review:
Not applicable
Policy Question(s) for Council Consideration:
Does the Council wish to Approve the implantation of a new ERP system? Summary:
The City currently uses several nonintegrated systems for Financial Management, such as Financial Enterprise for Accounting, ADP for Payroll, and Excel worksheets for budgeting, these multiple systems cause information flow delays and data that is not always reliable, besides the above the current financial system is antiquated and lacks proper technical support, thus making the financial management of the city challenging. The Financial Commission reviewed the proposal at their June 20th meeting and unanimously voted to recommend that the city council approve the purchase of the new ERP system.
31 Agenda Item # 6.
Subject: Authorize the purchase of a cloud-based Enterprise Resource Planner (ERP) from Tyler Technologies, Inc
June 28, 2022 Page 2
Staff Recommendation:
In accordance with The City of Los Altos Purchasing Policy "Cooperative Purchasing Programs," authorize the purchase of a Cloud-Based Enterprise Resource Planner (ERP) from Tyler Technologies, Inc., a Delaware corporation, pursuant to the Cooperative Purchasing Contract, for an initial amount of $347,002, and $99,436 annually thereafter for an initial term of five years and a total of $8,44,182, inclusive of annual maintenance over the five-year term.
Purpose
To Authorize the Purchase of a new ERP System.
Background
The City of Los Altos had been using a financial system named IFIS from SunGard for many years, this firm was acquired by Superion who recommended an upgrade to Finance Enterprise in 2019. This system acts as the cities accounting system, while payroll is processed in ADP and Budgets are produced using excel. Since the City started using these systems (IFIS & Finance Enterprise), the companies owning these systems and providing support to City staff have been subject to several mergers and acquisitions of various companies, from Sungard, to Superion, to the City's current vendor Central Square.
It has become increasingly obvious that Central Square does not have the staff or capability to successfully upgrade the City's current operating systems in ways the City now requires. These systems are also unable to support the features that the City is pursuing. There are several cities that are replacing the above systems with Tyler Technologies.
It is staff's recommendation to move its operating platform to an online / Cloud-based presence where the City can better serve the internal departments as well as regulatory and other agencies that require timely reporting.
Additionally, the city currently uses ADP to process time management, HR and Payroll functions these systems are not integrated to the Financial system dues creating a lot of additional work and reconciliations between the systems, to compound the problems, budgets are developed in excel and are highly suspectable to errors.
Based on these facts, staff recommends the City invest in an Enterprise Resource Planner (ERP). In light of the Cybersecurity and Ransomware concerns, it is further recommended the City invest in a cloud based system that is centrally located, securely accessible, and has a history of demonstrated success. 32 Agenda Item # 6.
Subject: Authorize the purchase of a cloud-based Enterprise Resource Planner (ERP) from Tyler Technologies, Inc
June 28, 2022 Page 3
An ERP is business process management software that allows the City to use a system of integrated applications to manage all of its internal and external business functions and operations and to automate many back-office functions related to technology, services, and development. ERP software will allow the City to integrate many facets of its operations
On November 30, 2021, staff recommended the City Council program funding for a multi-year project to develop and implement a new ERP system for the City, with an estimated cost of $350,000. The recommended budget of $350,000, was approved and included in the 2022/2023 Fiscal Year Information Technology Fund budget.
Discussion/Analysis
The City's Finance Department reviewed and requested demonstrations of various financial systems review the various ERP systems used by other public agencies and decided to bring forward a citywide demonstration with Tyler Technologies for Tyler Munis. On December 6th Stakeholders from all departments were invited to review the ERP system demonstration, staff had many questions that were satisfactorily answered by the vendor’s presenters.
On April 7th the Subcommittee of the Financial commission were invited a demonstration of Tyler Munis, The Subcommittee members had many questions and concerns that were addressed during that meeting and a verbal report was presented to the full Financial Commission at their April 25th meeting.
Staff investigated with other agencies to determine which vendors those agencies selected for their ERP system, and the process used to make their selection. It was through this effort that staff found the vast majority of public agencies moving to a new ERP system had selected Tyler Technologies, Inc., (Tyler). Tyler provides integrated information management solutions and services for the public sector with a focus on local governments in the United States. Munis, Tyler's government financial management product, includes modules for financial management, capital projects, purchase orders and contract tracking, procurement, budgeting, human resources, and Payroll functionality with state and Federal reporting out of the box.
The company was founded in 1966 and is headquartered in Plano, Texas and is the largest software company in the nation solely focused on providing software and technology services to public sector agencies including cities, counties, states, and school districts. Tyler's software is widely used by other cities within California, including Pleasanton, Walnut Creek, Benicia, Rohnert Park, Hayward, Santa Barbara, Victorville, Covina, Davis, Encinitas, Redding, Lakewood, Oxnard, Simi Valley, Rancho Mirage, Santa Monica, Pasadena, Temecula, and many others.
Pursuant to the provisions of the cities purchasing policy, the City Council may authorize the acquisition of the ERP system through a joint power or other cooperative purchasing programs. The City's Finance Director as worked with the Assistant City Manager and risk manager and reviewed the request and concurs that leveraging the purchasing power and extensive evaluation of the national Sourcewell cooperative contract 10515-TTI with Tyler complies with the City's 33 Agenda Item # 6.
Subject: Authorize the purchase of a cloud-based Enterprise Resource Planner (ERP) from Tyler Technologies, Inc
June 28, 2022 Page 4
procurement requirements. Combined with the additional due diligence performed by Staff, utilization of the Sourcewell cooperative contract would likely be less expensive and more efficient than what we could obtain independently.
Employing the Sourcewell Cooperative Contract allowed staff to formally evaluate Tyler's products.
Many City staff were requested to assess Tyler's Munis Finance System, to verify these operating systems will provide the service and support they require. The evaluation included the IT Division.
The proposed Tyler Munis system will displace existing software packages that create data silos, with a shared program with a single pane of glass view into the operation. This will allow the City to utilize the combined departmental resources to make decisions based on real-time data. The proposed Tyler software will replace existing software programs used by Finance and all the other city departments.
In addition to various databases and spreadsheets, the following software programs will be replaced by the ERP: Financial Enterprise (Finance), ADP (Payroll), E-Tools (CALPERS reporting), and Consultants to prepare regulatory reports on payroll, CAPERS, and state (Finance). 34 Agenda Item # 6.
2021-281872-R1C3B0 Page 1
Quoted By: Kyle M. Johnson
Quote Expiration: 04/20/22
Quote Name: City of Los Altos-ERP-Munis
Quote Description: 2-1-22 City of Los Altos, CA v.2
Saas Term 5.00
Sales Quotation For:
City of Los Altos
1 N San Antonio Rd
Los Altos CA 94022-3000
Phone: +1 (650) 947-2760
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting/GL 1 112 $ 18,597
Accounts Payable 1 32 $ 5,312
Bid Management 1 24 $ 2,031
Budgeting 1 48 $ 5,312
Capital Assets 1 40 $ 4,473
Cash Management 1 32 $ 3,059
Contract Management 1 24 $ 2,019
eProcurement 1 24 $ 3,059
Project & Grant Accounting 1 32 $ 3,585
Purchasing 1 80 $ 7,727
Human Resources Management
ExecuTime Time & Attendance - Up to 150 Employees 1 80 $ 7,566 ExecuTime Time & Attendance Mobile Access 1 0 $ 3,003
Human Resources & Talent Management 1 88 $ 4,584
Payroll w/ESS 1 168 $ 5,590
Revenue Management
35 Agenda Item # 6.
2021-281872-R1C3B0 Page 2
Accounts Receivable 1 64 $ 3,907
General Billing 1 32 $ 2,593
Document Management
Tyler Content Manager SE 1 32 $ 7,796
Data Insights
Munis Analytics & Reporting w Executive Insights 1 80 $ 13,019 Additional
Tyler ReadyForms Processing (including Common Form Set) 1 0 $ 4,380 Integrations
DocuSign Signature Service - Annual Fee 1 16 $ 8,000
Sub-Total: $ 115,612
Less Discount: $ 16,186
TOTAL 1008 $ 99,426
Professional Services
Description Quantity Unit Price Extended Price Maintenance Go Live Assistance 160 $ 195 $ 31,200 $ 0
HCM Accelerated Timeline 400 $ 163 $ 65,200 $ 0
Project Management 200 $ 163 $ 32,600 $ 0
Conversions $ 43,600 $ 0
Onsite Implementation 264 $ 195 $ 51,480 $ 0
Remote Implementation 744 $ 163 $ 121,272 $ 0
TOTAL $ 345,352 $ 0
3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
Tyler Secure Signature System with 2 Keys 1 $ 1,650 $ 0 $ 1,650 $ 0 $ 0 $ 0 36 Agenda Item # 6.
2021-281872-R1C3B0 Page 3
TOTAL $ 1,650 $ 0
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0 $ 0
Total Annual $ 0 $ 99,426
Total Tyler Services $ 345,352 $ 0
Total Third-Party Hardware, Software, Services $ 1,650 $ 0 Summary Total $ 347,002 $ 99,426
Contract Total $ 844,132
Estimated Travel Expenses excl in Contract Total $ 27,000 Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Accounting/GL
AC - Actuals up to 3 years 1 $ 1,000 $ 0 $ 1,000
AC - Budgets up to 3 years 1 $ 1,000 $ 0 $ 1,000
AC Standard COA 1 $ 2,000 $ 0 $ 2,000
Accounts Payable
AP - Checks up to 5 years 1 $ 2,200 $ 0 $ 2,200
AP - Invoice up to 5 years 1 $ 2,800 $ 0 $ 2,800
37 Agenda Item # 6.
2021-281872-R1C3B0 Page 4
AP Standard Master 1 $ 1,200 $ 0 $ 1,200
Capital Assets
CA - History 1 $ 1,000 $ 0 $ 1,000
CA Std Master 1 $ 2,000 $ 0 $ 2,000
Contract Management
Contracts 1 $ 3,000 $ 0 $ 3,000
General Billing
GB Std CID 1 $ 1,000 $ 0 $ 1,000
Payroll/HR
HR Human Resources - Certifications 1 $ 1,400 $ 0 $ 1,400 HR Human Resources - Education 1 $ 1,400 $ 0 $ 1,400
HR Human Resources - PM Action History up to 5 years 1 $ 1,400 $ 0 $ 1,400 HR Human Resources - Position Control 1 $ 1,400 $ 0 $ 1,400 HR Human Resources - Recruiting 1 $ 1,400 $ 0 $ 1,400
PR Payroll - Accrual Balances 1 $ 1,500 $ 0 $ 1,500
PR Payroll - Accumulators up to 5 years 1 $ 1,400 $ 0 $ 1,400 PR Payroll - Check History up to 5 years 1 $ 1,200 $ 0 $ 1,200 PR Payroll - Deductions 1 $ 1,800 $ 0 $ 1,800
PR Payroll - Earning/Deduction Hist up to 5 years 1 $ 2,500 $ 0 $ 2,500 PR Payroll - Standard 1 $ 2,000 $ 0 $ 2,000
PR Payroll - State Retirement Tables 1 $ 1,400 $ 0 $ 1,400 Project and Grant Accounting
PG - Actuals up to 3 years 1 $ 1,000 $ 0 $ 1,000
PG - Budgets up to 3 years 1 $ 1,000 $ 0 $ 1,000
PGA Standard 1 $ 2,000 $ 0 $ 2,000
Purchasing
Purchase Orders - Standard 1 $ 1,800 $ 0 $ 1,800
Purchasing - Standard 1 $ 1,800 $ 0 $ 1,800
38 Agenda Item # 6.
2021-281872-R1C3B0 Page 5
TOTAL $ 43,600
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Quatred Asset Scanning Interface 1 16 $ 1,368
Human Resources Management
ExecuTime Advance Scheduling Mobile Access 1 0 $ 2,352
ExecuTime Advanced Scheduling - Up to 150 Employees 1 64 $ 9,410 Recruiting 1 16 $ 974
Revenue Management
Tyler Cashiering 1 40 $ 6,729
Civic Services
MyCivic Bundle 1 44 $ 8,000
Data Insights
Socrata Capital Projects Explorer 1 0 $ 6,000
Socrata Open Finance 1 0 $ 12,000
Integrations
Munis General Ledger API Toolkit 1 24 $ 4,558
Subscription Fees
ACFR Statement Builder 1 32 $ 6,070
Recurring Services
Tyler Detect 1 0 $ 15,000
TOTAL: 236 $ 72,461
Optional Professional Services
39 Agenda Item # 6.
2021-281872-R1C3B0 Page 6
Description Quantity Unit Price Extended Price Maintenance Install Fee - Socrata Capital Projects Explorer 1 $ 1,600 $ 1,600 $ 0 Install Fee - Socrata Open Finance 1 $ 3,200 $ 3,200 $ 0 Install Fee - Tyler Detect 1 $ 1,000 $ 1,000 $ 0
P-Card Import Format 1 $ 5,500 $ 5,500 $ 0
Onsite Implementation 64 $ 195 $ 12,480 $ 0
Remote Implementation 172 $ 163 $ 28,036 $ 0
TOTAL $ 51,816 $ 0
Optional 3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount
Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
Cash Drawer 1 $ 260 $ 0 $ 260 $ 0 $ 0 $ 0
Hand Held Scanner - Model 1950GSR 1 $ 450 $ 0 $ 450 $ 0 $ 0 $ 0 Hand Held Scanner Stand 1 $ 30 $ 0 $ 30 $ 0 $ 0 $ 0
Koa Hills - Data Conversion Assistance - Finance 1 $ 25,800 $ 0 $ 25,800 $ 0 $ 0 $ 0 Koa Hills - Data Conversion Assistance - HCM 1 $ 13,980 $ 0 $ 13,980 $ 0 $ 0 $ 0 Koa Hills - Tyler Hosted Data Archive Module -
Financials Professional Services 1 $ 11,340 $ 0 $ 11,340 $ 0 $ 0 $ 0 Koa Hills - Tyler Hosted Data Archive Module - HCM
Professional Services 1 $ 8,160 $ 0 $ 8,160 $ 0 $ 0 $ 0 Pattern Stream Automated Document System - SaaS 1 $ 0 $ 0 $ 0 $ 14,372 $ 0 $ 14,372 Printer (TM-S9000) 1 $ 1,623 $ 0 $ 1,623 $ 0 $ 0 $ 0
TOTAL $ 61,643 $ 14,372
Tyler Annual Discount Detail (Excludes Optional Products) 40 Agenda Item # 6.
2021-281872-R1C3B0 Page 7
Description Annual Fee
Annual Fee
Discount Annual Fee Net
Data Insights
Munis Analytics & Reporting w Executive Insights $ 13,019 $ 1,823 $ 11,196 Additional
Tyler ReadyForms Processing (including Common Form Set) $ 4,380 $ 613 $ 3,767 Financial Management
Accounting/GL $ 18,597 $ 2,604 $ 15,993
Accounts Payable $ 5,312 $ 744 $ 4,568
Bid Management $ 2,031 $ 284 $ 1,747
Budgeting $ 5,312 $ 744 $ 4,568
Capital Assets $ 4,473 $ 626 $ 3,847
Cash Management $ 3,059 $ 428 $ 2,631
Contract Management $ 2,019 $ 283 $ 1,736
eProcurement $ 3,059 $ 428 $ 2,631
Project & Grant Accounting $ 3,585 $ 502 $ 3,083
Purchasing $ 7,727 $ 1,082 $ 6,645
Revenue Management
Accounts Receivable $ 3,907 $ 547 $ 3,360
General Billing $ 2,593 $ 363 $ 2,230
Integrations
DocuSign Signature Service - Annual Fee $ 8,000 $ 1,120 $ 6,880 Human Resources Management
ExecuTime Time & Attendance - Up to 150 Employees $ 7,566 $ 1,059 $ 6,507 ExecuTime Time & Attendance Mobile Access $ 3,003 $ 420 $ 2,583 Human Resources & Talent Management $ 4,584 $ 642 $ 3,942 Payroll w/ESS $ 5,590 $ 783 $ 4,807
Document Management
Tyler Content Manager SE $ 7,796 $ 1,091 $ 6,705
TOTAL $ 115,612 $ 16,186 $ 99,426
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Comments
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
Implementation hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-theTrainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
As a new Tyler client, you are entitled to a 30-day trial of the Tyler Detect cybersecurity service. Please reference https://www.tylertech.com/services/tyler-detect for more information on the service and contact [email protected] to initiate the trial.
Tyler Content Manager SE includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.
The SaaS fees for products that are not named users are based on 32 concurrent users. Should the number of concurrent users be exceeded, Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities. 42 Agenda Item # 6.
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For the avoidance of doubt, Tyler Detect is a subscription service, not SaaS.Notwithstanding the foregoing language, payment of annual subscription fees for Tyler Detect commence on the availability of the service. Tyler Detect services will renew automatically for additional one (1) year terms, and subsequent subscription fees are due annually in advance on the anniversary of the availability date at our then-current rates.Pricing is based on client's current network size as defined by their entity size. Any material increases of network size may result in additional fees being assessed for the Tyler Detect service upon renewal.The quoted Tyler Detect amount does not include monitoring of student devices nor analysis of student network traffic. Tyler can quote an additional fee for these services.
Tyler's form library prices are based on the actual form quantities listed, and assume the forms will be provided according to the standard Munis form template. Any forms in addition to the quoted amounts and types, including custom forms or forms that otherwise require custom programming, are subject to an additional fee. Please also note that use of the Tyler Forms functionality requires the use of approved printers as well. You may contact Tyler's support team for the most current list of approved printers. Any forms included in this quote are based on the standard form templates provided. Custom forms, additional forms and any custom programming are subject to additional fees not included in this quote. The additional fees would be quoted at the time of request, generally during the implementation of the forms. Please note that the form solution provided requires the use of approved printers. You may contact Tyler's support team for the most current list of approved printers.
Tyler Secure Signature System includes digitizing two signatures, additional charges will apply for additional signatures.
Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 1099INT, 1099S, 1099NEC and 1099G.
DocuSign Signature Service refers to the interface between Tyler software and DocuSigns services. It does not include or take the place of DocuSigns proprietary products. Clients are required to provide certain DocuSign account information for implementation and to maintain its DocuSign account in order to use the interface. Clients who do not have a current DocuSign account can email [email protected] for more information or to begin the process of obtaining an account.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.
Each API Toolkit or Connector comes with 8 free hours of API Development Consulting hours. Each API Bundle comes with 16 free API Development Consulting hours. Additional hours can be purchased beyond this standard offering. 43 Agenda Item # 6.
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Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.
Additional required hardware will be purchased by the client directly through Quatred.
In the event Client acquires from Tyler any edition of Tyler Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Tyler Content Manager software with non-Tyler applications, Client must purchase or upgrade to Tyler Content Manager Enterprise Edition. 44 Agenda Item # 6.
City of Los Altos, CA
SOW from Tyler Technologies, Inc.
2/1/2022
Presented to:
City of Los Altos, CA
1 N San Antonio Road
Los Altos, CA 94022-3000
Contact:
Katharina Howard
Email: [email protected]
One Tyler Drive, Yarmouth, ME 04096
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Table of Contents
PART 1: EXECUTIVE SUMMARY...............................................................................................................1 Project Overview............................................................................................................................. 1 Introduction ........................................................................................................................................ 1 Project Goals....................................................................................................................................... 1 Methodology....................................................................................................................................... 1 PART 2: PROJECT FOUNDATION .............................................................................................................3 Project Governance ......................................................................................................................... 3 Project Scope Control ...................................................................................................................... 4 Managing Scope and Project Change ................................................................................................. 4 Change Control ................................................................................................................................... 4 Change Request Management............................................................................................................ 4 Acceptance Process ......................................................................................................................... 6 Roles and Responsibilities................................................................................................................ 6 Tyler Roles & Responsibilities............................................................................................................. 6 Tyler Executive Manager............................................................................................................. 7 Tyler Implementation Manager.................................................................................................. 7 Tyler Project Manager................................................................................................................. 7 Tyler Implementation Consultant............................................................................................... 8 Tyler Sales ................................................................................................................................... 8 Tyler Technical Services.............................................................................................................. 8 Tyler SaaS Technicians ................................................................................................................ 9 Los Altos Roles & Responsibilities....................................................................................................... 9 Los Altos Executive Sponsor........................................................................................................ 9 Los Altos Steering Committee..................................................................................................... 9 Los Altos Project Manager........................................................................................................ 10 Los Altos Functional Leads........................................................................................................ 11 Los Altos Power Users............................................................................................................... 12 Los Altos End Users................................................................................................................... 12 Los Altos Technical Lead ........................................................................................................... 12 Los Altos Change Management Lead........................................................................................ 13 PART 3: PROJECT PLAN........................................................................................................................... 14 Project Stages.................................................................................................................................14 Initiate and Plan ................................................................................................................................ 15 Initial Coordination ................................................................................................................... 15 Project/Phase Planning ............................................................................................................. 16 46 Agenda Item # 6.
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Infrastructure Planning ............................................................................................................. 17 Stakeholder Meeting................................................................................................................. 18 Intentionally left blank.............................................................................................................. 19 Control Point 1: Initiate & Plan Stage Acceptance.................................................................... 19 Assess & Define................................................................................................................................. 19 Solution Orientation.................................................................................................................. 19 Current & Future State Analysis................................................................................................ 20 Conversion Assessment ............................................................................................................ 21 Intentionally left blank.............................................................................................................. 22 Intentionally left blank.............................................................................................................. 22 Control Point 2: Assess & Define Stage Acceptance................................................................. 22 Prepare Solution ............................................................................................................................... 23 Initial System Deployment........................................................................................................ 23 Configuration ............................................................................................................................ 24 Process Refinement .................................................................................................................. 25 Conversion Delivery .................................................................................................................. 27 Intentionally left blank.............................................................................................................. 28 Intentionally left blank.............................................................................................................. 28 Control Point 3: Prepare Solution Stage Acceptance................................................................ 28 Production Readiness ....................................................................................................................... 29 Solution Validation.................................................................................................................... 29 Go-Live Readiness..................................................................................................................... 30 End User Training...................................................................................................................... 31 Control Point 4: Production Readiness Stage Acceptance........................................................ 32 Production......................................................................................................................................... 32 Go-Live ...................................................................................................................................... 32 Transition to Client Services...................................................................................................... 34 Post Go-Live Activities............................................................................................................... 35 Control Point 5: Production Stage Acceptance......................................................................... 35 Close.................................................................................................................................................. 36 Phase Closeout.......................................................................................................................... 36 Project Closeout........................................................................................................................ 37 Control Point 6: Close Stage Acceptance.................................................................................. 38 General Assumptions......................................................................................................................38 Project............................................................................................................................................... 38 Organizational Change Management............................................................................................... 39 Resources and Scheduling ................................................................................................................ 39 Data................................................................................................................................................... 39 Facilities............................................................................................................................................. 40 Glossary .........................................................................................................................................41 PART 4: APPENDICES ............................................................................................................................... 44 Conversion .....................................................................................................................................44 47 Agenda Item # 6.
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Munis Conversion Summary ............................................................................................................. 44 Accounting COA ........................................................................................................................ 44 Accounting - Actuals.................................................................................................................. 44 Accounting - Budgets................................................................................................................ 44 Accounts Payable Master.......................................................................................................... 44 Accounts Payable - Checks........................................................................................................ 44 Accounts Payable - Invoices...................................................................................................... 44 Capital Assets Master................................................................................................................ 44 Contracts................................................................................................................................... 45 General Billing CID..................................................................................................................... 45 Payroll ....................................................................................................................................... 45 Payroll - Deductions.................................................................................................................. 45 Payroll – Accrual Balances......................................................................................................... 45 Payroll – Accumulators ............................................................................................................. 45 Payroll – Check History ............................................................................................................. 45 Payroll – Earning/Deduction Hist.............................................................................................. 45 Payroll – Certifications.............................................................................................................. 46 Payroll – Education ................................................................................................................... 46 Payroll – Position Control.......................................................................................................... 46 Payroll – PM Action History ...................................................................................................... 46 Payroll – Recruiting ................................................................................................................... 46 Payroll – State Retirement Tables............................................................................................. 46 Project Grant Accounting.......................................................................................................... 46 Project Grant Accounting - Actuals........................................................................................... 46 Project Grant Accounting – Budget .......................................................................................... 46 Purchase Orders........................................................................................................................ 46 Additional Appendices................................................................................................................47 Intentionally left blank...................................................................................................................... 47 Project Timeline..........................................................................................................................48 ERP Project Timeline ......................................................................................................................... 48 Socrata Project Plan.......................................................................................................................... 48 Intentionally left blank...................................................................................................................... 49 48 Agenda Item # 6.
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Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public sector entities including local, state, provincial and federal government, to operate more efficiently and connect more transparently with their constituents and with each other. By connecting data and processes across disparate systems, Tyler’s solutions transform how clients gain actionable insights that solve problems in their communities.
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, and roles and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler and the Los Altos (collectively the “Project”).
The overall goals of the project are to:
Successfully implement the contracted scope on time and on budget Increase operational efficiencies and empower users to be more productive Improve accessibility and responsiveness to external and internal customer needs Overcome current challenges and meet future goals
Methodology
This is accomplished by the Los Altos and Tyler working as a partnership and Tyler utilizing its depth of implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology. Each of the six stages is comprised of multiple work packages, and each work package includes a narrative description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the Los Altos’s complexity and organizational needs. 49 Agenda Item # 6.
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The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both the Los Altos and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that the Los Altos and Tyler Project teams work collaboratively to complete tasks. An underlying principle of Tyler’s Implementation process is to employ an iterative model where the Los Altos’s business processes are assessed, configured, validated, and refined cyclically in line with the project budget. This approach is used in multiple stages and work packages as illustrated in the graphic below.
The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project success. As illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to complete the Project efficiently and effectively.
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Part 2: Project Foundation
Project Governance
Project governance is the management framework within which Project decisions are made. The role of Project governance is to provide a decision-making approach that is logical, robust, and repeatable. This allows organizations to have a structured approach for conducting its daily business in addition to project related activities.
This section outlines the resources required to meet the business needs, objectives, and priorities for the Project, communicate the goals to other Project participants, and provide support and guidance to accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change Control review and authority, and Organizational Change Management activities. Throughout the Statement of Work Tyler has provided RACI Matrices for activities to be completed throughout the implementation which will further outline responsibilities of different roles in each stage. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage.
The chart below illustrates an overall team perspective where Tyler and the Los Altos collaborate to resolve Project challenges according to defined escalation paths. If project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the Los Altos Steering Committee become the escalation points to triage responses prior to escalation to the Los Altos and Tyler executive sponsors. As part of the escalation process, each Project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The Los Altos and Tyler executive sponsors serve as the final escalation point. 51 Agenda Item # 6.
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Project Scope Control
Managing Scope and Project Change
Project Management governance principles contend that there are three connected constraints on a Project:
budget, timeline, and scope. These constraints, known as the “triple constraints” or project management triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the work performed to deliver a product, service or result with the specified features and functions, while time is simply defined as the schedule. The Triple Constraint theory states that if you change one side of the triangle, the other two sides must be correspondingly adjusted. For example, if the scope of the Project is increased, cost and time to complete will also need to increase. The Project and executive teams will need to remain cognizant of these constraints when making impactful decisions to the Project. A simple illustration of this triangle is included here, showing the connection of each item and their relational impact to the overall Scope.
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level of flexibility to incorporate approved changes. Scope and changes within the project will be managed using the change control process outlined in the following section.
Change Control
It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new constraints or opportunities are discovered). This Project is being undertaken with the understanding that Project scope, schedule, and/or cost may need to change to produce optimal results for stakeholders.
Changes to contractual requirements will follow the change control process specified in the final contract, and as described below.
Change Request Management
Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the change will be brought to the attention of the Steering Committee and an assessment of the change will occur. While such changes may result in additional costs and delays relative to the schedule, some changes may result in less cost to the Los Altos; for example, the Los Altos may decide it no longer needs a deliverable originally defined in the Project. The Change Request will include the following information:
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The nature of the change.
A good faith estimate of the additional cost or associated savings to the Los Altos, if any. The timetable for implementing the change.
The effect on and/or risk to the schedule, resource needs or resource responsibilities.
The Los Altos will use its good faith efforts to either approve or disapprove any Change Request within ten (10) Business Days (or other period as mutually agreeable between Tyler and the Los Altos). Any changes to the Project scope, budget, or timeline must be documented and approved in writing using a Change Request form. These changes constitute a formal amendment to the Statement of Work and will supersede any conflicting term in the Statement of Work.
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Acceptance Process
The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success of the Project that each Los Altos office or department designates specific individuals for making decisions on behalf of their offices or departments.
Both Tyler and the Los Altos will identify representative project managers. These individuals will represent the interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining Los Altos feedback and approval on Project deliverables will be critical to the success of the Project. The Los Altos project manager will strive to gain deliverable and decision approvals from all authorized Los Altos representatives. Given that the designated decision-maker for each department may not always be available, there must be a designated proxy for each decision point in the Project.
Assignment of each proxy will be the responsibility of the leadership from each Los Altos department. The proxies will be named individuals that have the authorization to make decisions on behalf of their department.
The following process will be used for accepting Deliverables and Control Points:
The Los Altos shall have five (5) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the Los Altos does not provide acceptance or acknowledgement within five (5) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
If the Los Altos does not agree the Deliverable or Control Point meets requirements, the Los Altos shall notify Tyler project manager(s), in writing, with reasoning within five (5) business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The Los Altos shall then have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the Los Altos does not provide acceptance within two (2) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for the Los Altos and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at the Los Altos, but are roles defined within the Project. It is common for individual resources on both the Tyler and Los Altos project teams to fill multiple roles. Similarly, it is common for some roles to be filled by multiple people.
Tyler Roles & Responsibilities
Tyler assigns a project manager prior to the start of each Phase of the Project (some Projects may only be one Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs arise. 54 Agenda Item # 6.
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Tyler Executive Manager
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the Project team and collaborates with other Tyler department managers as needed to escalate and facilitate implementation Project tasks and decisions. Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the Los Altos ’s overall organizational strategy.
Authorizes required Project resources.
Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process.
Acts as the counterpart to the Los Altos ’s executive sponsor.
Tyler Implementation Manager
Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. The Tyler project managers consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler Project Manager or with Los Altos management as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. Assigns Tyler Project personnel.
Provides support for the Project team.
Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources.
Monitors Project progress including progress towards agreed upon goals and objectives.
Tyler Project Manager
The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources between departments, management of the Project budget and schedule, effective risk, and issue management, and is the primary point of contact for all Project related items. As requested by the Los Altos, the Tyler Project Manager provides regular updates to the Los Altos Steering Committee and other Tyler governance members. Tyler Project Manager’s role includes responsibilities in the following areas:
Contract Management
Validates contract compliance throughout the Project. Ensures Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions. Prepares and presents contract milestone sign-offs for acceptance by the Los Altos project manager(s).
Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance.
Planning
Delivers project planning documents.
Defines Project tasks and resource requirements.
Develops initial Project schedule and Project Management Plan. 55 Agenda Item # 6.
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Collaborates with the Los Altos project manager(s) to plan and schedule Project timelines to achieve on-time implementation.
Implementation Management
Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. Establishes and manages a schedule and Tyler resources that properly support the Project Schedule and are also in balance with Scope/budget.
Establishes risk/issue tracking/reporting process between the Los Altos and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to the Los Altos any items that may impact the outcomes of the Project. Collaborates with the Los Altos ’s project manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the project.
Collaborates with the Los Altos ’s project manager(s) to set a routine communication plan that will aide all Project team members, of both the Los Altos and Tyler, in understanding the goals, objectives, status, and health of the Project.
Resource Management
Acts as liaison between Project team and Tyler manager(s). Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. Provides direction and support to Project team.
Manages the appropriate assignment and timely completion of tasks as defined in the Project Schedule, task list, and Go-Live Checklist.
Assesses team performance and adjusts as necessary.
Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks.
Tyler Implementation Consultant
Completes tasks as assigned by the Tyler project manager(s). Documents activities for services performed by Tyler. Guides the Los Altos through software validation process following configuration. Assists during Go-Live process and provides support until the Los Altos transitions to Client Services. Facilitates training sessions and discussions with the Los Altos and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. May provide conversion review and error resolution assistance.
Tyler Sales
Supports Sales to Implementation knowledge transfer during Initiate & Plan. Provides historical information, as needed, throughout implementation. Participates in pricing activities if additional licensing and/or services are needed.
Tyler Technical Services
Maintains Tyler infrastructure requirements and design document(s). Involved in system infrastructure planning/review(s). Provides first installation of licensed software with initial database on servers. 56 Agenda Item # 6.
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Supports and assists the project team with technical/environmental issues/needs. Deploys Tyler products.
Tyler SaaS Technicians
Sets up Tyler-hosted servers.
Provides maintenance of hosted server hardware, operating system, and software upgrades. Provides IT-related services for server environment.
Provides remote technical assistance and tracks issues. Provides system management and disaster recovery services within hosting services. Performs Tyler software upgrades through coordination with the Los Altos.
Los Altos Roles & Responsibilities
Los Altos resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles.
Los Altos Executive Sponsor
The Los Altos executive sponsor provides support to the Project by providing strategic direction and communicating key issues about the Project and its overall importance to the organization. When called upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive sponsor engages in the Project, as needed, to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day Project activities. The executive sponsor empowers the Los Altos steering committee, project manager(s), and functional leads to make critical business decisions for the Los Altos.
Champions the project at the executive level to secure buy-in. Authorizes required project resources.
Actively participates in organizational change communications.
Los Altos Steering Committee
The Los Altos steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation for the Project’s value throughout the organization. The steering committee oversees the Los Altos project manager and Project through participation in regular internal meetings. The Los Altos steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. The Los Altos steering committee also serves as primary level of issue resolution for the Project. Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process.
Attends all scheduled steering committee meetings.
Provides support for the project team.
Assists with communicating key project messages throughout the organization. Prioritizes the project within the organization.
Ensures the project staffed appropriately and that staff have necessary resources. Monitors project progress including progress towards agreed upon goals and objectives. Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
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o Schedule
o Project Goals
o Los Altos Policies
o Needs of other client projects
Los Altos Project Manager
The Los Altos shall assign project manager(s) prior to the start of this project with overall responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment. The Los Altos Project Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the Los Altos project manager(s) do not have the knowledge or authority to make decisions, he or she engages the necessary resources to participate in discussions and make decisions in a timely fashion to avoid Project delays. The Los Altos project manager(s) are responsible for reporting to the Los Altos steering committee and determining appropriate escalation points.
Contract Management
Validates contract compliance throughout the project. Ensures that invoicing and Deliverables meet contract requirements. Acts as primary point of contact for all contract and invoicing questions. Collaborates on and approves Change Requests, if needed, to ensure proper scope and budgetary compliance.
Planning
Reviews and accepts project planning documents.
Defines project tasks and resource requirements for the Los Altos project team. Collaborates in the development and approval of the project schedule. Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on-time implementation.
Implementation Management
Tightly manages project budget and scope.
Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that scope changes and budget (planned versus actual) are transparent and handled effectively and efficiently.
Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the project schedule as a whole and is also in balance with scope and budget. Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process between the Los Altos and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to Tyler any items that may impact the outcomes of the project. Collaborates with Tyler project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project. Routinely communicates with both the Los Altos staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the project by all team members. Manages the requirements gathering process and ensure timely and quality business requirements are being provided to Tyler.
Resource Management
Acts as liaison between project team and stakeholders. 58 Agenda Item # 6.
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Identifies and coordinates all Los Altos resources across all modules, phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices.
Provides direction and support to project team.
Builds partnerships among the various stakeholders, negotiating authority to move the project forward.
Manages the appropriate assignment and timely completion of tasks as defined. Assesses team performance and takes corrective action, if needed. Provides guidance to Los Altos technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project tasks.
Ensures that users have appropriate access to Tyler project toolsets as required. Conducts training on proper use of toolsets.
Validates completion of required assignments using toolsets.
Los Altos Functional Leads
Makes business process change decisions under time sensitive conditions. Communicates existing business processes and procedures to Tyler consultants. Assists in identifying business process changes that may require escalation. Contributes business process expertise for Current & Future State Analysis. Identifies and includes additional subject matter experts to participate in Current & Future State Analysis.
Validates that necessary skills have been retained by end users. Provides End Users with dedicated time to complete required homework tasks. Acts as an ambassador/champion of change for the new process and provide business process change support.
Identifies and communicates any additional training needs or scheduling conflicts to the Los Altos project manager.
Actively participates in all aspects of the implementation, including, but not limited to, the following key activities:
o Task completion
o Stakeholder Meeting
o Project Management Plan development
o Schedule development
o Maintenance and monitoring of risk register
o Escalation of issues
o Communication with Tyler project team
o Coordination of Los Altos resources
o Attendance at scheduled sessions
o Change management activities
o Modification specification, demonstrations, testing and approval assistance o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
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Los Altos Power Users
Participate in project activities as required by the project team and project manager(s). Provide subject matter expertise on the Los Altos business processes and requirements. Act as subject matter experts and attend Current & Future State Analysis sessions as needed. Attend all scheduled training sessions.
Participate in all required post-training processes as needed throughout project. Test all application configuration to ensure it satisfies business process requirements. Become application experts.
Participate in Solution Validation.
Adopt and support changed procedures.
Complete all deliverables by the due dates defined in the project schedule. Demonstrate competency with Tyler products processing prior to Go-live. Provide knowledge transfer to the Los Altos staff during and after implementation. Participate in conversion review and validation.
Los Altos End Users
Attend all scheduled training sessions.
Become proficient in application functions related to job duties. Adopt and utilize changed procedures.
Complete all deliverables by the due dates defined in the project schedule. Utilize software to perform job functions at and beyond Go-live.
Los Altos Technical Lead
Coordinates updates and releases with Tyler as needed. Coordinates the copying of source databases to training/testing databases as needed for training days.
Coordinates and adds new users, printers and other peripherals as needed. Validates that all users understand log-on process and have necessary permission for all training sessions.
Coordinates interface development for Los Altos third party interfaces. Develops or assists in creating reports as needed.
Ensures on-site system meets specifications provided by Tyler. Assists with software installation as needed.
Extracts and transmits conversion data and control reports from the Los Altos’s legacy system per the conversion schedule set forth in the project schedule.
Los Altos Upgrade Coordination
Becomes familiar with the software upgrade process and required steps. Becomes familiar with Tyler’s releases and updates.
Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the Los Altos’s software upgrade process. Assists with the software upgrade process during implementation. Manages software upgrade activities post-implementation. Manages software upgrade plan activities.
Coordinates software upgrade plan activities with Los Altos and Tyler resources. Communicates changes affecting users and department stakeholders. 60 Agenda Item # 6.
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Obtains department stakeholder acceptance to upgrade production environment.
Los Altos Change Management Lead
Validates that users receive timely and thorough communication regarding process changes. Provides coaching to supervisors to prepare them to support users through the project changes. Identifies the impact areas resulting from project activities and develops a plan to address them proactively.
Identifies areas of resistance and develops a plan to reinforce the change. Monitors post-production performance and new process adherence. 61 Agenda Item # 6.
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Part 3: Project Plan
Project Stages
Work Breakdown Structure
The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into smaller, more manageable components. The top-level components are called “Stages” and the second level components are called “Work Packages”. The work packages, shown below each stage, contain the high-level work to be done. The detailed Project Schedule, developed during Project/Phase Planning and finalized during subsequent stages, lists the tasks to be completed within each work package. Each stage ends with a “Control Point”, confirming the work performed during that stage of the Project has been accepted by the Los Altos. *Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the scope of the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work. 62 Agenda Item # 6.
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Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a foundation for the Project by identifying and establishing sequence and timing for each Phase as well as verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique items being repeated for the additional Phases as needed.
Initial Coordination
Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources will be assigned later in the Project as a Project schedule is developed. Tyler provides the Los Altos with initial Project documents used to gather names of key personnel, their functional role as it pertains to the Project, as well as any blackout dates to consider for future planning. the Los Altos gathers the information requested by the provided deadline ensuring preliminary planning and scheduling can be conducted moving the Project forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the Los Altos’s team. During this step, Tyler will work with the Los Altos to establish the date(s) for the Project and Phase Planning session.
Objectives:
Formally launch the project.
Establish project governance.
Define and communicate governance for Tyler.
Identify Los Altos project team.
STAGE 1 Initial Coordination
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users) Department HeadsEnd UsersTechnical Leads Tyler project team is assigned A R C I I I I I I
Los Altosproject team is
assigned A I R I I I
Provide initial project
documents to the Los Altos A R C C I I
Gather preliminary information
requested I A R C C C C
Sales to implementation
knowledge transfer A R I I I I I
Create Project Portal to store
project artifacts and facilitate
communication
A R I
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Inputs Contract documents
Statement of Work
Outputs/Deliverables Completed initial project documents Project portal
Work package assumptions:
Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify applications to implement in each Phase (if applicable), and discuss implementation timeframes.
During this work package Tyler will work with the Los Altos to coordinate and plan a formal Project planning meeting(s). This meeting signifies the start of the Project and should be attended by all Los Altos Project team members and the Tyler Project Manager. The meeting provides an opportunity for Tyler to introduce its implementation methodology, terminology, and Project management best practices to the Los Altos’s Project Team. This will also present an opportunity for project managers and Project sponsors to begin to discuss Project communication, metrics, status reporting and tools to be used to measure Project progress and manage change.
Tyler will work with the Los Altos Project Team to prepare and deliver the Project Management Plan as an output of the planning meeting. This plan will continue to evolve and grow as the Project progresses and will describe how the project will be executed, monitored, and controlled.
During project planning, Tyler will introduce the tools that will be used throughout the implementation. Tyler will familiarize the Los Altos with these tools during project planning and make them available for review and maintenance as applicable throughout the project. Some examples are Solution validation plan, issue log, and go-live checklist.
STAGE 1 Project/Phase Planning
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads 64 Agenda Item # 6.
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Schedule and
conduct planning
session(s)
A R I C C I
Develop Project
Management Plan A R I C C I
Develop initial
project schedule A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Outputs / Deliverables Acceptance Criteria [only] for Deliverables Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule Los Altos provides acceptance of schedule based on resource availability, project
budget, and goals.
Work package assumptions:
Los Altos has reviewed and completed the Guide to Starting Your Project document.
Infrastructure Planning
Procuring required hardware and setting it up properly is a critical part of a successful implementation. This task is especially important for Tyler-hosted/SaaS deployment models. Tyler will be responsible for building the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement. Tyler will install Licensed Software on application server(s) or train the Los Altos to install License Software. The Los Altos is responsible for the installation and setup of all peripheral devices.
Objectives:
Ensure the Los Altos’s infrastructure meets Tyler’s application requirements. Ensure the Los Altos’s infrastructure is scheduled to be in place and available for use on time.
STAGE 1 Infrastructure Planning
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads 65 Agenda Item # 6.
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Provide Infrastructure
Requirements and Design
Document
A R C C I I
Initial Infrastructure
Meeting A R C C C C
*Schedule SaaS
Environment Availability A R C I
*Schedule Hardware to
be Available for
Installation
I I A R C
Schedule Installation of
All Licensed Software A R C I I
Infrastructure Audit A R C I C
Inputs 1. Initial Infrastructure Requirements and Design Document Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
1. Completed Infrastructure Requirements
and Design Document
Delivery of Document
2. Infrastructure Audit System Passes Audit Criteria
Stakeholder Meeting
Communication of the Project planning outcomes to the Los Altos Project team, executives and other key stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform, engage, gain commitment, and instill confidence in the Los Altos team. During the meeting, the goals and objectives of the Project will be reviewed along with detail on Project scope, implementation methodology, roles and responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
Formally present and communicate the project activities and timeline. Communicate project expectations.
STAGE 1 Stakeholder Meeting
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Create Stakeholder
Meeting Presentation I A R I I I I C I
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Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
Project Management Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation
Work package assumptions:
None
Intentionally left blank.
Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler’s receipt of this stage acceptance.
Initiate & Plan Stage Deliverables:
Project Management Plan
Initial Project Schedule
Initiate & Plan stage acceptance criteria:
All stage deliverables accepted based on acceptance criteria previously defined Project governance defined
Project portal made available to the Los Altos
Stakeholder meeting complete
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current Los Altos business processes. This information will be used to identify and define business processes utilized with Tyler software. The Los Altos collaborates with Tyler providing complete and accurate information to Tyler staff and assisting in analysis, understanding current workflows and business processes.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution functionality prior to beginning the current and future state analysis. The primary goal is to establish a foundation for upcoming conversations regarding the design and configuration of the solution. 67 Agenda Item # 6.
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Tyler utilizes a variety of tools for the Solution Orientation, focusing on Los Altos team knowledge transfer such as: eLearning, documentation, or walkthroughs. The Los Altos team will gain a better understanding of the major processes and focus on data flow, the connection between configuration options and outcome, integration, and terminology that may be unique to Tyler’s solution.
Objectives:
Provide a basic understanding of system functionality. Prepare the Los Altos for current and future state analysis.
STAGE 2 Solution Orientation
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Provide pre-requisites A R I I I I I
Complete pre-requisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process changes that will be achieved with the new system.
The Los Altos and Tyler will evaluate current state processes, options within the new software, pros and cons of each based on current or desired state and make decisions about the future state configuration and processing. This may occur before or within the same timeframe as the configuration work package. The options within the new software will be limited to the scope of this implementation and will make use of standard Tyler functionality.
The Los Altos will adopt the existing Tyler solution wherever possible to avoid project schedule and quality risk from over customization of Tyler products. It is the Los Altos’s responsibility to verify that in-scope requirements are being met throughout the implementation if functional requirements are defined as part of the contract. The following guidelines will be followed when evaluating if a modification to the product is required:
A reasonable business process change is available.
Functionality exists which satisfies the requirement. Configuration of the application satisfies the requirement. An in-scope modification satisfies the requirement.
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Requirements that are not met will follow the agreed upon change control process and can have impacts on the project schedule, scope, budget, and resource availability.
STAGE 2 Current & Future State Analysis
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Current State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options
required to support
future state
A R C C C I I I I I
Inputs Los Altoscurrent state documentation
Solution Orientation completion
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Documentation that describes future-state
decisions and configuration options to support
future-state decisions.
Delivery of document
Work package assumptions:
Los Altos attendees possess sufficient knowledge and authority to make future state decisions. The Los Altos is responsible for any documentation of current state business processes. The Los Altos can effectively communicate current state processes.
Conversion Assessment
Data Conversions are a major effort in any software implementation. Tyler’s conversion tools facilitate the predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler system. The first step in this process is to perform an assessment of the existing (“legacy”) system(s), to better understand the source data, risks, and options available. Once the data has been analyzed, the plan for data conversion is completed and communicated to the appropriate stakeholders.
Objectives:
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Communicate a common understanding of the project goals with respect to data. Ensure complete and accurate source data is available for review/transfer. Map the data from the source to the Tyler system.
Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Extract Data from
Source Systems I C A R
Review and Scrub
Source Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs Los Altos Source data
Los Altos Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated Los Altos Acceptance of Data Conversion Plan, if Applicable
Work package assumptions:
Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format. Tyler will work with the Los Altos representatives to identify business rules before writing the conversion.
Los Altos subject matter experts and resources most familiar with the current data will be involved in the data conversion planning effort.
Intentionally left blank.
Intentionally left blank.
Control Point 2: Assess & Define Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below. 70 Agenda Item # 6.
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Note: Advancement to the Prepare Solution Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Assess & Define Stage Deliverables:
Documentation of future state decisions and configuration options to support future state decisions. Modification specification document.
Assess & Define Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Solution Orientation is delivered.
Conversion data extracts are received by Tyler.
Data conversion plan built.
Prepare Solution
During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define stages will be used to install and configure the Tyler software solution. Software configuration will be validated by the Los Altos against future state decisions defined in previous stages and processes refined as needed to ensure business requirements are met.
Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The success and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler Licensed Software on an approved network and infrastructure. Delays in executing this work package can affect the project schedule.
Objectives:
All licensed software is installed and operational.
The Los Altos can access the software.
STAGE 3 Initial System Deployment (Hosted/SaaS)*
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Prepare hosted
environment A R I C
Install Licensed
Software with
Initial Database on
Server(s) for
A R I C
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Included
Environments
Install Licensed
Software on Los
Altos Devices (if
applicable)
I C A R
Tyler System
Administration
Training (if
applicable)
A R I C
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Licensed Software is Installed on the Server(s) Software is accessible Licensed Software is Installed on Los Altos
Devices (if applicable)
Software is accessible
Installation Checklist/System Document System Passes
Infrastructure Design Document (C&J – If
Applicable)
Work package assumptions:
The most current available version of the Tyler Licensed Software will be installed. The Los Altos will provide network access for Tyler modules, printers, and Internet access to all applicable Los Altos and Tyler Project staff.
Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with the Los Altos to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. The Los Altos collaborates with Tyler staff iteratively to validate software configuration.
Objectives:
Software is ready for validation.
Educate the Los Altos Power User how to configure and maintain software. Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler Los Altos
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Conduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete Los Altos
configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training (if applicable)
A R C I C C C
Updates to Solution
Validation testing plan C C A R C C
Inputs Documentation that describes future state decisions and configuration options to support future state decisions.
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Configured System N/A
Work package assumptions:
Tyler provides guidance for configuration options available within the Tyler software. The Los Altos is responsible for making decisions when multiple options are available.
Process Refinement
Tyler will educate the Los Altos users on how to execute processes in the system to prepare them for the validation of the software. The Los Altos collaborates with Tyler staff iteratively to validate software configuration options to support future state.
Objectives:
Ensure that the Los Altos understands future state processes and how to execute the processes in the software.
Refine each process to meet the business requirements. Validate standard interfaces, where applicable.
Validate forms and reports, where applicable.
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STAGE 3 Process Refinement
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration (Los
Altos Responsible)
I C A R C
Refine
configuration (Tyler
Responsible)
A R I I I
Validate interface
process and results I C C A R C C
Update Los Altosspecific process
documentation (if
applicable)
I C A R C
Updates to
Solution Validation
testing plan
C C A R C C
Inputs Initial Configuration
Documentation that describes future state decisions and configuration options to support future state decisions.
Solution validation test plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated solution validation test plan
Completed Los Altos-specific process
documentation (completed by Los Altos)
Work package assumptions:
None
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Conversion Delivery
The purpose of this task is to transition the Los Altos’s data from their source (“legacy”) system(s) to the Tyler system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A wellexecuted data conversion is key to a successful cutover to the new system(s).
With guidance from Tyler, the Los Altos will review specific data elements within the system and identify / report discrepancies. Iteratively, Tyler will collaborate with the Los Altos to address conversion discrepancies.
This process will allow for clean, reconciled data to transfer from the source system(s) to the Tyler system(s).
Reference Conversion Appendix for additional detail.
Objectives:
Data is ready for production (Conversion).
STAGE 3 Data Delivery & Conversion
Tyler Los Altos
RACI MATRIX
KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Provide data
crosswalks/code
mapping tool
A C R I I I
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Populate data
crosswalks/code
mapping tool
I C C A R C
Iterations:
Conversion
Development
A C R I I
Iterations:
Deliver
converted data
A R I I I
Iterations:
Proof/Review
data and
reconcile to
source system
C C C A R C C
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Code Mapping Complete / Validated N/A
Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for final pass
Work package assumptions:
The Los Altos will provide a single file layout per source system as identified in the investment summary.
The Los Altos subject matter experts and resources most familiar with the current data will be involved in the data conversion effort.
The Los Altos project team will be responsible for completing the code mapping activity, with assistance from Tyler.
Intentionally left blank.
Intentionally left blank.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Prepare Solution Stage Deliverables:
Licensed software is installed.
Installation checklist/system document.
Updated solution design document (Socrata only).
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Prioritized data sets for review in Tyler system (Socrata only). Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Software is configured.
Solution validation test plan has been reviewed and updated if needed.
Production Readiness
Activities in the Production Readiness stage will prepare the Los Altos team for go-live through solution validation, the development of a detailed go-live plan and end user training. A readiness assessment will be conducted with the Los Altos to review the status of the project and the organizations readiness for go-live.
Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that the Los Altos verifies all aspects of the Project (hardware, configuration, business processes, etc.) are functioning properly, and validates that all features and functions per the contract have been deployed for system use.
Objectives:
Validate that the solution performs as indicated in the solution validation plan. Ensure the Los Altos organization is ready to move forward with go-live and training (if applicable).
STAGE 4 Solution Validation
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Update Solution
Validation plan A R C C C C
Update test scripts (as
applicable) C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required followup on issues A R C C C C
Inputs Solution Validation plan
Completed work product from prior stages (configuration, business process, etc.) 77 Agenda Item # 6.
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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Validation Report Los Altos updates report with testing results Work package assumptions:
Designated testing environment has been established.
Testing includes current phase activities or deliverables only.
Go-Live Readiness
Tyler and the Los Altos will ensure that all requirements defined in Project planning have been completed and the Go-Live event can occur, as planned. A go-live readiness assessment will be completed identifying risks or actions items to be addressed to ensure the Los Altos has considered its ability to successfully Go-Live. Issues and concerns will be discussed, and mitigation options documented. Tyler and the Los Altos will jointly agree to move forward with transition to production. Expectations for final preparation and critical dates for the weeks leading into and during the Go-Live week will be planned in detail and communicated to Project teams.
Objectives:
Action plan for go-live established.
Assess go-live readiness.
Stakeholders informed of go-live activities.
STAGE 4 Go-Live Readiness
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Perform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live planning
session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C
Confirm procedures for
Go-Live issue reporting &
resolution
A R I I I I C C I I I I I
Develop Go-Live checklist A R C C C C I C C
Final system
infrastructure review
(where applicable)
A R C C
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Inputs Future state decisions
Go-live checklist
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated go-live checklist Updated Action plan and Checklist for go-live delivered to the Los Altos
Work package assumptions:
None
End User Training
End User Training is a critical part of any successful software implementation. Using a training plan previously reviewed and approved, the Project team will organize and initiate the training activities.
Tyler Led: Tyler provides training for all applicable users. One or multiple occurrences of each scheduled training or implementation topic will be covered.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s responsibility to develop Los Altos specific business process documentation. Los Altos-led training labs using Los Altos specific business process documentation if created by the Los Altos can be added to the regular training curriculum, enhancing the training experiences of the end users.
Objectives:
End users are trained on how to use the software prior to go-live. The Los Altos is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Update training plan A R C C I C
End User training (Tylerled) A R C C C I C C C
Train-the-trainer A R C C C I C
End User training (Los
Altos-led) C C A R I C C C
Inputs Training Plan
List of End Users and their Roles / Job Duties
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Configured Tyler System
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
End User Training Los Altos signoff that training was delivered Work package assumptions:
The Los Altos project team will work with Tyler to jointly develop a training curriculum that identifies the size, makeup, and subject-area of each of the training classes. Tyler will work with the Los Altos as much as possible to provide end-user training in a manner that minimizes the impact to the daily operations of Los Altos departments. The Los Altos will be responsible for training new users after go-live (exception—previously planned or regular training offerings by Tyler).
Control Point 4: Production Readiness Stage Acceptance
Acceptance criteria for this stage includes all criteria listed below. Advancement to the Production stage is dependent upon Tyler’s receipt of the stage acceptance.
Production Readiness stage deliverables:
Solution Validation Report.
Update go-live action plan and checklist.
End user training.
Production Readiness stage acceptance criteria:
All stage deliverables accepted based on criteria previously defined. Go-Live planning session conducted.
Production
Following end user training the production system will be fully enabled and made ready for daily operational use as of the scheduled date. Tyler and the Los Altos will follow the comprehensive action plan laid out during Go-Live Readiness to support go-live activities and minimize risk to the Project during go-live. Following golive, Tyler will work with the Los Altos to verify that implementation work is concluded, post go-live activities are scheduled, and the transition to Client Services is complete for long-term operations and maintenance of the Tyler software.
Go-Live
Following the action plan for Go-Live, defined in the Production Readiness stage, the Los Altos and Tyler will complete work assigned to prepare for Go-Live.
The Los Altos provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final conversion iteration, if applicable. If defined in the action plan, the Los Altos manually enters any data added to the Legacy System after final data extract into the Tyler system. 80 Agenda Item # 6.
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Tyler staff collaborates with the Los Altos during Go-Live activities. The Los Altos transitions to Tyler software for day-to day business processing.
Some training topics are better addressed following Go-Live when additional data is available in the system or based on timing of applicable business processes and will be scheduled following Go-Live per the Project Schedule.
Objectives:
Execute day to day processing in Tyler software.
Los Altos data available in Production environment.
STAGE 5 Go-Live
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Provide final source data
extract, if applicable C C A R
Final source data pushed
into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data is available in production environment Los Altos confirms data is available in production environment
Work package assumptions:
The Los Altos will complete activities documented in the action plan for Go-Live as scheduled. 81 Agenda Item # 6.
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External stakeholders will be available to assist in supporting the interfaces associated with the GoLive live process. The Los Altos business processes required for Go-Live are fully documented and tested. The Los Altos Project team and subject matter experts are the primary point of contact for the end users when reporting issues during Go-Live.
The Los Altos Project Team and Power User’s provide business process context to the end users during Go-Live.
The Tyler Go-Live support team is available to consult with the Los Altos teams as necessary. The Tyler Go-Live support team provides standard functionality responses, which may not be tailored to the local business processes.
Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal transition of the Los Altos onto the Tyler Client Services team, who provides the Los Altos with assistance following GoLive, officially transitioning the Los Altos to operations and maintenance.
Objectives:
Ensure no critical issues remain for the project teams to resolve. Confirm proper knowledge transfer to the Los Altos teams for key processes and subject areas.
STAGE 5 Transition to Client Services
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Transfer Los Altos to
Client Services and
review issue reporting
and resolution processes
I I A I I R I I C C C
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Client Services Support Document
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Work package assumptions:
No material project issues remain without assignment and plan.
Post Go-Live Activities
Some implementation activities are provided post-production due to the timing of business processes, the requirement of actual production data to complete the activities, or the requirement of the system being used in a live production state.
Objectives:
Schedule activities that are planned for after Go-Live. Ensure issues have been resolved or are planned for resolution before phase or project close.
STAGE 5 Post Go-Live Activities
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Schedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
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Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance. Converted data is available in production environment.
Production Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined. Go-Live activities defined in the Go-Live action plan completed. Client services support document is provided.
Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or Project. The Los Altos transitions to the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Client Services).
Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities for the Phase. The Tyler Client Services team will assume ongoing support of the Los Altos for systems implemented in the Phase.
Objectives:
Agreement from Tyler and the Los Altos teams that activities within this phase are complete.
STAGE 6 Phase Close Out
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Reconcile project budget
and status of contract
Deliverables
I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phasedependent Tyler project
resources
A R I I
Participants Tyler Los Altos
Project Leadership Project Manager
Project Manager Project Sponsor(s)
Implementation Consultants Functional Leads, Power Users, Technical Leads
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Technical Consultants (Conversion, Deployment,
Development)
Client Services
Inputs Contract
Statement of Work
Project artifacts
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Work package assumptions:
Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time the Los Altos may choose to begin working with Client Services to look at continuous improvement Projects, building on the completed solution.
Objectives:
Confirm no critical issues remain for the project teams to resolve. Determine proper knowledge transfer to the Los Altos teams for key processes and subject areas has occurred.
Verify all deliverables included in the Agreement are delivered.
STAGE 6 Project Close Out
Tyler Los Altos
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed
Executive ManagerImplementation ManagerProject ManagerImplementation ConsultantData ExpertsModification ServicesTechnical ServicesClient ServicesExecutive SponsorSteering CommitteeProject ManagerFunctional LeadsChange Management LeadsSubject Matter Experts (Power Users)Department HeadsEnd UsersTechnical Leads Conduct post project
review A R C C C C C C C C C
Deliver post project
report to Los Altos and
Tyler leadership
I A R I I C
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Release Tyler project
resources
A R I I
Inputs Contract
Statement of Work
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Post Project Report Los Altos acceptance; Completed report indicating all project Deliverables and
milestones have been completed
Work package assumptions:
All project implementation activities have been completed and approved. No critical project issues remain that have not been documented and assigned. Final project budget has been reconciled and invoiced. All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
Post Project Report.
Close Stage Acceptance Criteria:
Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and the Los Altos will use this SOW as a guide for managing the implementation of the Tyler Project as provided and described in the Agreement. There are a few assumptions which, when acknowledged and adhered to, will support a successful implementation. Assumptions related to specific work packages are documented throughout the SOW. Included here are general assumptions which should be considered throughout the overall implementation process.
Project
Project activities will begin after the Agreement has been fully executed. The Los Altos Project Team will complete their necessary assignments in a mutually agreed upon timeframe to meet the scheduled go-live date, as outlined in the Project Schedule. Sessions will be scheduled and conducted at a mutually agreeable time. Additional services, software modules and modifications not described in the SOW or Agreement will be considered a change to this Project and will require a Change Request Form as previously referenced in the definition of the Change Control Process. 86 Agenda Item # 6.
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Tyler will provide a written agenda and notice of any prerequisites to the Los Altos project manager(s) ten (10) business days or as otherwise mutually agreed upon time frame prior to any scheduled onsite or remote sessions, as applicable. Tyler will provide guidance for configuration and processing options available within the Tyler software. If multiple options are presented by Tyler, the Los Altos is responsible for making decisions based on the options available.
Implementation of new software may require changes to existing processes, both business and technical, requiring the Los Altos to make process changes. The Los Altos is responsible for defining, documenting, and implementing their policies that result from any business process changes.
Organizational Change Management
Unless otherwise contracted by Tyler, Los Altos is responsible for managing Organizational Change. Impacted Los Altos resources will need consistent coaching and reassurance from their leadership team to embrace and accept the changes being imposed by the move to new software. An important part of change is ensuring that impacted Los Altos resources understand the value of the change, and why they are being asked to change.
Resources and Scheduling
Los Altos resources will participate in scheduled activities as assigned in the Project Schedule. The Los Altos team will complete prerequisites prior to applicable scheduled activities. Failure to do so may affect the schedule.
Tyler and the Los Altos will provide resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget. Abbreviated timelines and overlapped Phases require sufficient resources to complete all required work as scheduled.
Changes to the Project Schedule, availability of resources or changes in Scope will be requested through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be assessed and documented as part of the change control process. The Los Altos will ensure assigned resources will follow the change control process and possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, change control process buy-in, and knowledge.
The Los Altos makes timely Project related decisions to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Failure to do so may affect the schedule, as each analysis and implementation session is dependent on the decisions made in prior sessions. The Los Altos will respond to information requests in a comprehensive and timely manner, in accordance with the Project Schedule.
The Los Altos will provide adequate meeting space or facilities, including appropriate system connectivity, to the project teams including Tyler team members. For on-site visits, Tyler will identify a travel schedule that balances the needs of the project and the employee.
Data
Data will be converted as provided and Tyler will not create data that does not exist. The Los Altos is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy data.
87 Agenda Item # 6.
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Tyler will work closely with the Los Altos representatives to identify business rules before writing the conversion. The Los Altos must confirm that all known data mapping from source to target have been identified and documented before Tyler writes the conversion. All in-scope source data is in data extract(s).
Each legacy system data file submitted for conversion includes all associated records in a single approved file layout.
The Los Altos will provide the legacy system data extract in the same format for each iteration unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget and resource availability may occur and/or data in the new system may be incorrect. The Los Altos Project Team is responsible for reviewing the converted data and reporting issues during each iteration, with assistance from Tyler.
The Los Altos is responsible for providing or entering test data (e.g., data for training, testing interfaces, etc.)
Facilities
The Los Altos will provide dedicated space for Tyler staff to work with Los Altos resources for both onsite and remote sessions. If Phases overlap, Los Altos will provide multiple training facilities to allow for independent sessions scheduling without conflict.
The Los Altos will provide staff with a location to practice what they have learned without distraction. 88 Agenda Item # 6.
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Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is completed; the one who ensures the prerequisites of the task are met and who delegates the work to those responsible. [Also see RACI]
Application A computer program designed to perform a group of coordinated functions, tasks, or activities for the benefit of the user.
Application Programming Interface (API) A defined set of tools/methods to pass data to and received data from Tyler software products
Agreement This executed legal contract that defines the products and services to be implemented or performed.
Business Process The practices, policy, procedure, guidelines, or functionality that the client uses to complete a specific job function.
Business Requirements Document A specification document used to describe Client requirements for contracted software modifications.
Change Request A form used as part of the Change Control process whereby changes in the scope of work, timeline, resources, and/or budget are documented and agreed upon by participating parties.
Change Management Guides how we prepare, equip and support individuals to successfully adopt change in order to drive organizational success & outcomes
Code Mapping [where applicable] An activity that occurs during the data conversion process whereby users equate data (field level) values from the old system to the values available in the new system. These may be one to one or many to one. Example: Old System [Field = eye color] [values = BL, Blu, Blue] maps to New Tyler System [Field = Eye Color] [value = Blue].
Consulted Those whose opinions are sought, typically subject matter experts, and with whom there is two-way communication. [Also see RACI]
Control Point This activity occurs at the end of each stage and serves as a formal and intentional opportunity to review stage deliverables and required acceptance criteria for the stage have been met.
Data Mapping [where applicable] The activity determining and documenting where data from the legacy system will be placed in the new system; this typically involves prior data analysis to understand how the data is currently used in the legacy system and how it will be used in the new system.
Deliverable A verifiable document or service produced as part of the Project, as defined in the work packages.
Go-Live The point in time when the Client is using the Tyler software to conduct daily operations in Production.
Informed Those who are kept up-to-date on progress, often only on completion of the task or deliverable, and with whom there is just one-way communication. [Also see RACI]
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Infrastructure The composite hardware, network resources and services required for the existence, operation, and management of the Tyler software.
Interface A connection to and potential exchange of data with an external system or application. Interfaces may be one way, with data leaving the Tyler system to another system or data entering Tyler from another system, or they may be bi-directional with data both leaving and entering Tyler and another system.
Integration A standard exchange or sharing of common data within the Tyler system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler’s existing software to provide features or functions to meet individual client requirements documented within the scope of the Agreement.
On-site Indicates the work location is at one or more of the client’s physical office or work environments.
Organizational Change The process of changing an organization's strategies, processes, procedures, technologies, and culture, as well as the effect of such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the computer in some way. Some examples: scanner, digital camera, printer.
Phase A portion of the Project in which specific set of related applications are typically implemented. Phases each have an independent start, Go-Live and closure dates but use the same Implementation Plans as other Phases of the Project. Phases may overlap or be sequential and may have different Tyler resources assigned.
Project The delivery of the software and services per the agreement and the Statement of Work. A Project may be broken down into multiple Phases.
RACI A matrix describing the level of participation by various roles in completing tasks or Deliverables for a Project or process.
Individuals or groups are assigned one and only one of the following roles for a given task: Responsible (R), Accountable (A), Consulted (C), or Informed (I).
Remote Indicates the work location is at one or more of Tyler’s physical offices or work environments.
Responsible Those who ensure a task is completed, either by themselves or delegating to another resource. [Also see RACI]
Scope Products and services that are included in the Agreement. 90 Agenda Item # 6.
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Solution The implementation of the contracted software product(s) resulting in the connected system allowing users to meet Project goals and gain anticipated efficiencies.
Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project.
Standard Software functionality that is included in the base software (offthe-shelf) package; is not customized or modified.
Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project-specific activities, services, and Deliverables.
System The collective group of software and hardware that is used by the organization to conduct business.
Test Scripts The steps or sequence of steps that will be used to validate or confirm a piece of functionality, configuration, enhancement, or Use Case Scenario.
Training Plan Document(s) that indicate how and when users of the system will be trained relevant to their role in the implementation or use of the system.
Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program, or product is working as expected.
Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components.
Work Package A group of related tasks within a project. 91 Agenda Item # 6.
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Part 4: Appendices
Conversion
Munis Conversion Summary
Accounting COA
Chart of Accounts segments, objects, character codes, project codes (if applicable), organization codes (if applicable), control accounts budget rollups, fund attributes, due to/due from accounts Requires the use of a Tyler provided spreadsheet for design and entry of the data to be converted Accounting - Actuals
Summary account balances
Up to 3 years
Accounting - Budgets
Original budget, budget adjustments, revised budget summaries for accounts Up to 3 years
Accounts Payable Master
Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers Multiple remittance addresses
Year-to-date 1099 amounts
Accounts Payable - Checks
Check header data including vendor, warrant, check number, check date, overall check amount, GL cash account and clearing information
Check detail data including related document and invoice numbers for each check Up to 5 years
Accounts Payable - Invoices
Invoice header data containing general information for the invoice Invoice detail data containing line-specific information for the invoice Up to 5 years
Capital Assets Master
Asset description, status, acquisition quantity, date and amount, codes for asset class, subclass, department, custodian, flags for capitalization and depreciation, estimated life, serial number, model, model year, depreciation method, life-to-date depreciation amount, last depreciation date, disposal information (if any), purchase information, if any (vendor, PO, Invoice) 92 Agenda Item # 6.
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Contracts
Contract header detail with many fields available to convert including fiscal year and period, vendor number, department code, description, enforcement method code, dates for award, approval, entry and expiration, retention information, user-defined type and review codes, status code, user id for entry and approver. Additional fields are also available. A balance forward contract amount is converted, if original amount is required there will be an additional charge and contracts, po’s and invoices must be converted together.
General Billing CID
Customer information
Payroll
Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), eaddress, marital status, gender, race, personnel status (such as full-time, part-time, etc.), highest degree, advice-delivery (print/email/both) and check location, plus primary group, job, location, and account information
Payroll - Deductions
Employee Deductions - including employee ID, deduction codes, tax information, and direct deposit information
Payroll – Accrual Balances
Employee Accrual Balances including Vacation, Holiday, and other Leave balances Start of year balance, earned to date, used to date
Payroll – Accumulators
YTD, QTD, MTD amounts for employee pay and deductions Needed for mid-calendar-year go-live
May not be needed if converting earnings/deductions history Up to 5 years
Payroll – Check History
Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in employee check history, check number and date.
Payroll – Earning/Deduction Hist.
Up to 5 years, additional years must be quoted. Earning and deduction history broken down my individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums the check history in opt 4.
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Payroll – Certifications
Certification area and certification type codes, certification number and effective date, expiration date, and required-by date, codes for certification level and subjects Payroll – Education
Codes, for institution, type of degree, and area(s) of study Payroll – Position Control
Position, description, status, job code, bargaining group, location, number of employees allowed for each, FTE percentage, GL account, and max/min grade and step Payroll – PM Action History
A variety of Personnel actions, such as job or salary changes and dates these events occurred. Up to 5 years
Payroll – Recruiting
Application requisition applicant master data, plus applicant references, certifications, education, skills, tests, work history, and interviews
Payroll – State Retirement Tables
Specific state-required data, plus related service years information, when appropriate Needed for some states
Project Grant Accounting
Segments, account strings and fund string allocation table Requires the use of a Tyler provided (Chart of Accounts) spreadsheet for design and entry of the data to be converted
Project Grant Accounting - Actuals
Summary project ledger string balances. If linking to GL, must be converted at the same time. Up to 3 years
Project Grant Accounting – Budget
Original project ledger budget amounts. If linking to GL, must be converted at the same time. Up to 3 years
Purchase Orders
Open purchase orders header data including vendor, buyer, date, accounting information, etc. Open purchase orders detail data including line item descriptions, quantities, amounts, etc. 94 Agenda Item # 6.
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Additional Appendices
Intentionally left blank.
95 Agenda Item # 6.
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Project Timeline
ERP Project Timeline
The Project Timeline establishes a target start and end date for each Phase of the Project. The timeline needs to account for resource availability, business goals, size and complexity of the Project, and task duration requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to the Project Stages section of this SOW for information on work packages associated with each stage of the implementation.
The following dates may be revised based on the date the Agreement is signed and further refined during the course of the project. Tyler requires up to forty-five (45) days to move from Agreement signing to the Initiate & Plan Stage.
Phase Functional Areas Modules Start Date Go-Live
Date
1 Chart of
Accounts
● Chart of Accounts
● General Ledger (limited)
July 2022 October
2022
2 Human Capital
Management
● Payroll w/ ESS July 2022 January
2023
System Wide ● Munis Analytics & Reporting
o Tyler Reporting Services
o Munis Office
o HUB
● Tyler Forms Processing
● Tyler Content Manager SE
2a HCM and
ExecuTime
● HR & Talent Management
● Recruiting
● ExecuTime Time and Attendance
January
2023
July 2023
3 Financials ● Accounting/General Ledger
● Accounts Payable
● Bid Management
● Budgeting
● Capital Assets
● Cash Management
● Contract Management
● Purchasing w/ e-procurement
● Project
April 2023 April
2024
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Socrata Project Plan
Socrata Project Plan
Week
1 2 3 4 5 6 7 8 9 10 11 12
Initiate and Plan
Assess and Define
Prepare Solution
Production Readiness
Production
Close
Intentionally left blank.
97 Agenda Item # 6.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
AGENDA REPORT SUMMARY
Meeting Date: June 28, 2022
Subject Award of Contract for Custodial Cleaning Services of City Buildings, Gymnasiums, Park Trash Cans and Park Restrooms
Prepared by: Manny A. Hernandez, Maintenance Services Director Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Resolution
Initiated by:
Staff
Previous Council Consideration:
None
Fiscal Impact:
The following project / action will cost $394,380
- Breakdown of funds to be used :
o $394,380 General Fund
- Amount already included in approved budget: Yes
- Amount above budget requested: 0
Environmental Review:
Categorically Exempt pursuant to CEQA section 15301 – Existing Facilities Policy Question(s) for Council Consideration:
None
Summary:
Custodial cleaning services are an important aspect of a healthy work environment and inviting public spaces
IMPEC rated the highest and was selected through a competitive RFP process Payments for janitorial services will not exceed $394,380 for FY 22/23 98 Agenda Item # 7.
Subject: Title
Date Page 2
IMPEC Group has provided custodial services to the City for the last five years and staff feels their work is above satisfactory
Staff Recommendation:
Authorize the City Manager to execute an agreement with IMPEC Group for custodial cleaning services in the amount of $394,380 for fiscal year 22/23 on behalf of the City.
Purpose
Award maintenance services contract for custodial cleaning services of City facilities and parks to IMPEC Group
Background
The City has been in a contract for custodial cleaning services with IMPEC Group for the last five years. With the completion of their five-year agreement with the City, staff advertised a request for proposal (RFP) for custodial services in April 2022. On May 19, 2022 the RFP for custodial services closed and four (4) complete proposals were received from custodial service companies.
The four proposals were rated and IMPEC Group rated the highest. Their pricing proposal was also one of the lowest.
Discussion/Analysis
Custodial services are an important aspect of a healthy work environment and inviting public spaces. The City contracts custodial services for the cleaning of the buildings, park facilities and litter control within parks. This use of contracted custodial maintenance works in conjunction with City Maintenance staff as an efficient way to properly upkeep City facilities. This proper upkeep of City facilities benefits City employees and the public.
Work is performed at the following locations, with scopes of custodial services tailored to each unique location on daily, weekly, monthly and quarterly timeframes. City Hall
Police Department/Rear Parking IT & PD Annex
Municipal Services Center
Grant Park Facilities
Los Altos Community Center
Garden House
Underground & Youth Center (As needed)
San Antonio Club
Gymnasiums (Blach & Egan)
City Park Restrooms and Trash Cans
99 Agenda Item # 7.
Subject: Title
Date Page 3
IMPEC Group has worked with the City of Los Altos for the last five years and staff feels they have performed above average during this time. They have worked well with staff in making schedule adjustments as well as providing special services whenever needed. Custodial service complaints have been minimal during their current agreement. They are familiar with the facilities in the agreements scope of work, so the transition into the new agreement will be seamless. The agreement with IMPEC Group for custodial services will be for one year with amendments up to four additional years, pending quality service and pricing increases in future years.
Recommendation
Authorize the City Manager to execute an agreement on behalf of the City with IMPEC Group in the amount of $394,380 for fiscal year 22/23 to provide custodial cleaning services to City buildings, gymnasiums, park trash cans and park restrooms. 100
Agenda Item # 7.
Resolution No. 2022-XX Page 1
ATTACHMENT 1
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH IMPEC GROUP IN THE AMOUNT OF $394,380
FOR CUSTODIAL CLEANING SERVICES OF CITY BUILDINGS, PARK FACILITIES AND PARK TRASH AND LITTER CONTROL.
WHEREAS, the City utilizes contract services for custodial cleaning of its buildings, park facilities, and park trash cans and litter control; and WHEREAS, custodial services are an important aspect of a healthy work environment and inviting public spaces. Proper upkeep of City facilities through an effective use of contracted services benefits City employees and the public; and WHEREAS, the city has selected IMPEC Group through competitive process as the highest rated proposal submitted; and
WHEREAS, IMPEC Group has satisfactorily performed custodial cleaning services for the City over the last five years.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the City Manager to execute an agreement with IMPEC Group for custodial cleaning services in the amount of $394,380 for fiscal year 22/23 on behalf of the City.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
101
Agenda Item # 7.
Resolution No. 2022-XX Page 2
ATTACHMENT 1 102
Agenda Item # 7.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
AGENDA REPORT SUMMARY
Meeting Date: June 28th,
2022
Subject Adoption of proposed FY 21/22 Final Budget and FY 22/23 Mid Term Budget Prepared by: John Furtado, Finance Director
Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Attachment 1 – FY 22-26 Capital Projects Resolution
2. Attachment 2 – FY 23 Midterm Operating Budget Resolution
3. Attachment 3 – FY 23 Utility User Tax Rate Resolution
4. Attachment 4 – FY 23 Transient Occupancy Tax Rate Resolution
5. Attachment 5 – FY 22 Park in Lieu Fund Appropriation Resolution
6. Attachment 6 - FY 2021/22 Final Operating Budget Resolution Initiated by:
Staff
Previous Council Consideration:
June 1, 2021, April 12, 2022, June 14, 2022
Fiscal Impact:
Budget revisions details as discussed and presented during the June 14th Public hearings Environmental Review:
Not applicable
Policy Question(s) for Council Consideration:
Does the Council wish to adopt The FY 21/21 Final Budget and the FY 22/23 Mid Term Budget as discussed during the June 14th, 2022, Public hearings with recommended changes?
103
Agenda Item # 8.
Subject: Adoption of proposed FY 21/22 Final Budget and FY 22/23 Mid Term Budget Date June 28th 2022 Page 2
Summary/ Background:
On June 1, 2021, the City Council approved the 2021-2023 Biennial Operating Budget. On April 12th, 2022, the City Council approved the FY 21/22 Mid-Year Budget. On June 14th,2022, at a public hearing staff presented the Final FY 21/22 Budget and the FY 22/23 Midterm budgets for councils review and discussion
It is the norm of the City of Los Altos to approve any budgetary changes to the fiscal year in progress as well as to adopt the second year of the biennial budget prior to June 30th of the first year.
Staff Recommendation:
I. Approve the FY 21/22 Final Budget and the FY 22/23 Mid-Term Budget with the recommended changes made at the June 14th,2022, Public hearing.
Discussion/Analysis
Staff presented the Final FY 21/22 Budget for councils’ review and discussion on June 14th, 2022.
The City Council voted to approve the FY 21/22 recommended changes as presented and directed staff to return at the June 28th meeting with the relevant resolutions to adopt the FY 22 Final budget.
The city council also received the FY 23 Midterm Budget report and presentation, Council approved all the recommended updates to the FY 23 Budget and recommended the addition of $50,000 be appropriated for community promotion to be paid to Community Services Agency (CSA)
Council further directed staff to return at the June 28th meeting with the relevant resolutions to adopt the Mid-term Budget with the suggested changes.
104
Agenda Item # 8.
CITY OF LOS ALTOS
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADOPTING THE REVISED FY 2022-26 FIVE-YEAR CAPITAL
IMPROVEMENT PROGRAM
WHEREAS, the Council has reviewed the FY 2022-26 REVISED Capital Improvement Program at a public hearing session held on June 14, 2022; and WHEREAS, modifications and/or adjustments identified in the aforementioned public meetings are incorporated within the five-year CIP before the Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:
1. Adopts the FY 2022-26 Revised Five-Year Capital Improvement Program submitted as presented for those respective fiscal years; and appropriate funds, for all respective funds, for those CIP projects identified within the FY 2022/23; and
2. Authorizes the City Manager to proceed with those FY 2022/23 projects identified for implementation or the commencement of planning for them.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of June 2022 by the following vote:
AYES: NONE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel, Rodriquez, Interim CITY CLERK
105
Agenda Item # 8.
CITY OF LOS ALTOS
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADOPTING THE FY 22-23 MIDTERM OPERATING BUDGET
WHEREAS, it has been determined that the adoption of a Midterm Operating Budget is an effective and prudent management tool; and
WHEREAS, the Council has reviewed the FY 2022-23 Mid Term Operating Budget at a public hearing held on June 14th, 2022; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby determines that:
1. The City of Los Altos FY 2022-23 Midterm Operating Budget has been presented and reviewed by City Council with regard to the approval of estimated revenues, appropriations, capital projects, and transfers for all City funds in accordance with adopted Financial and Investment Policies; and
2. City programs, services, and activities will be provided and maintained within the confines of this Financial Plan/Biennial Operating Budget in a manner consistent with adopted Financial Policies; and
3. Funds are deemed appropriated for those purposes and in amounts contained in said Financial Plan/ Operating Budget and the City Manager is authorized to approve appropriations and transfers of these funds to the extent allowed by law and Financial Policies in implementing the work programs incorporated within the adopted budget; and
4. This budget includes the maintenance of an Operating Reserve of 20%
5. Encumbrances (obligated contract commitments), active capital improvement projects, and active grant awards that have not been completed or received at the end of each fiscal year shall be carried forward and re-appropriated into the next fiscal year.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of June 2022 by the following vote:
AYES: NONE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
___________________________
106
Agenda Item # 8.
Anita Enander, MAYOR
Attest:
_____________________________
Angel, Rodriquez, Interim CITY CLERK
107
Agenda Item # 8.
CITY OF LOS ALTOS
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS REAFFIRMING THE FY 2022-23 UTILITY USERS’ TAX RATE
WHEREAS, the rate of tax for each of the Utility Users Taxes imposed in Section 3.40.070,
3.40.090, and 3.40.110, of the Los Altos Municipal Code, does hereby remain fixed and levied at a maximum of 3.5 percent until further action of the City Council; and WHEREAS, the Los Altos Municipal Code requires that each year, following the adoption of the City’s budget, the City Council will determine the rate to be charged for the Utility Users Tax and shall set that rate in an amount not to exceed the rate authorized by the ordinance; and
WHEREAS, the City Council adopted the budget at a public hearing session held on June 14, 2022.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes:
1. The rate of tax for each of the utility user’s taxes imposed in Sections 3.40.070,
3.40.090, and 3.40.110, of the Los Altos Municipal Code does hereby remain fixed and levied at a maximum of 3.5 percent until further action of the City Council; and
2. Maintain this rate to fund general governmental operational expenses as necessary.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of June 2022 by the following vote:
AYES: NONE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel, Rodriquez, Interim CITY CLERK
108
Agenda Item # 8.
CITY OF LOS ALTOS
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS REAFFIRMING THE FY 2022-23 TRANSIENT OCCUPANCY TAX RATE WHEREAS, on Tuesday, November 6, 2018, the voters approved an increase in the Transient Occupancy Tax from 11% to a maximum of 14%.
WHEREAS, the Los Altos Municipal Code requires that each year, following the adoption of the City’s budget, the City Council will determine the rate to be charged for the Transient Occupancy Tax, and shall set that rate in an amount not to exceed the rate authorized by the ordinance; and
WHEREAS, the City Council adopted the budget at a public hearing session held on June 14, 2022.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the following:
1. Adopt the Transient Occupancy Tax of 14% pursuant to Section 3.36.020; and
2. Maintain this rate to fund general governmental operational expenses as necessary.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of June 2022 by the following vote:
AYES: NONE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel, Rodriquez, Interim CITY CLERK
109
Agenda Item # 8.
CITY OF LOS ALTOS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
AUTHORIZING THE CITY MANAGER TO ALLOCATE PARK IN LIEU FUNDS IN AN AMOUNT NOT TO EXCEED $38,000 FOR THE DEVELOPMENT OR STUDY OF A
DOWNTOWN THEATER IN CERTAIN DESIGNATED LOCATIONS WITHIN THE CITY AND AMENDING THE FY22 OPERATING BUDGET FOR THE PARK IN LIEU FUND
WHEREAS, The City Council finds that the Park in Lieu fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities such as the commissioning of a feasibility study of a downtown theater in certain designated locations within the City because:
(1) the neighborhood in which the fees are to be expended has fewer than three (3) acres of park area per 1,000 members of the City; (2) it reasonably foreseeable that City residents will use the proposed park and recreational facilities where the fees are being used; (3) the use of the fees is consistent with the following: (a) the City’s adopted General Plan, Open Space, Conservation & Community Facilities Element, Policy 9.2: Work with private developers to offer cultural activities within the community, such as a community theater and cinema; (b) the City’s adopted Downtown Vision Plan(DTVP), Section 3, The Community’s Vision: Utilizing existing parking plazas in a manner that enhances the village character while also meeting the working, living, entertainment, and hospitality desire of the community; (c) DTVP, Section 4, Land Use: San Antonino Road District: Envisioned attributes include: Performing arts theater, a central entertainment venue for the community; (d) DTVP, Section 4, Land Use: Opportunity Sites: Entertainment: A live thereafter is identified on Parking Plaza 2. This use would be both a daytime and evening draw from the community and elsewhere that would support complementary businesses, such as pre-event dining; and (e) DTVP, Section 9, Implementation: Phase 3: Long-Term: Construct live theater (Parking Plaza 2); and (4) the fees are used in compliance Los Altos Municipal Code Section 13.24.010.
WHEREAS, it is the desire of the City Council to conduct a feasibility study of a downtown theater in certain designated locations within Los Altos; and WHEREAS, on June 14, 2022, at a public hearing City Council authorized increasing the current FY 2022 operating budget by $38,000 to be appropriated from the Park in Lieu funds to be used for a feasibility study of a downtown theater in certain designated locations within Los Altos; and
NOW, THEREFORE, the City Council of the City of Los Altos, California, does resolve as follows:
1. The City Manager is authorized to execute an amendment to the Operating Budget to increase appropriations in an amount not to exceed $38,000 to be used for a feasibility study of a downtown theater in certain designated locations within Los Altos.
2. The City Manager is also authorized to take such further actions as may be necessary to amend the Operating budget.
3. The FY22 Park in Lieu Funds shall be amended such that the FY22 appropriation in the Operating Budget is increased by $38,000 to be used for a feasibility study of a downtown theater in certain designated locations within Los Altos. 110
Agenda Item # 8.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Altos hereby authorizes the City Manager to amend the Park in Lieu appropriations by an amount not to exceed $38,000 and amend the Operating budget to reflect this increased expenditure.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
, MAYOR
Attest:
_______________________________
, CITY CLERK
111
Agenda Item # 8.
CITY OF LOS ALTOS
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADOPTING THE FY 21-22 FINAL OPERATING BUDGET
WHEREAS, the Council has reviewed the FY 2021-22 Final Operating Budget at a public hearing held on June 14th, 2022; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby determines that:
1. The City of Los Altos FY 2021-22 Final Operating Budget has been presented and reviewed by City Council with regard to the approval of adjustments to estimated revenues, appropriations, capital projects, and transfers for all City funds in accordance with adopted Financial and Investment Policies; and
2. City programs, services, and activities will be provided and maintained within the confines of this Financial Plan/Biennial Operating Budget in a manner consistent with adopted Financial Policies; and
3. Funds are deemed appropriated for those purposes and in amounts contained in said Financial Plan/ Operating Budget and the City Manager is authorized to approve appropriations and transfers of these funds to the extent allowed by law and Financial Policies in implementing the work programs incorporated within the adopted budget; and
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 28th day of June 2022 by the following vote:
AYES: NONE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel, Rodriquez, Interim CITY CLERK
112
Agenda Item # 8.
Reviewed By:
City Manager City Attorney
GE JH
AGENDA REPORT SUMMARY
Meeting Date: June 28, 2022
Subject Wireless Telecommunications Facilities Ordinance and Design Guidelines Prepared by: Gabriel Engeland, City Manager
Attachment(s):
1. Resolution 2022-__, Wireless Telecommunications Facilities CEQA Resolution as approved
2. Ordinance 2022-__, Wireless Telecommunications Facilities Locational Standards as introduced
3. Resolution 2022-__, Wireless Telecommunications Facilities Design Guidelines as approved Initiated by:
City Council
Fiscal Impact:
None
Environmental Review:
Negative Declaration. A Negative Declaration was approved on June 14, 2022.
Summary Background:
The technology for wireless telecommunications facilities is moving away from large, powerful towers that are very visually intrusive to smaller, less powerful facilities that are less visually intrusive. As a result, a greater number of wireless telecommunications facilities are needed to provide coverage.
A draft CEQA resolution, locational standards, and design guidelines were reviewed by the City Council and public hearings were held on April 12, May 10, and June 14, 2022.
In addition, the Planning Commission held public hearings on March 3, 2022 and March 17, 2022, resulting in the recommendations presented to the City Council on April 12, 2022.
113
Agenda Item # 9.
Subject: Wireless Telecommunications Facilities Ordinance and Design Guidelines
June 21, 2022 Page 2
The Ordinance and Design Guidelines considered and approved by the City Council regulate wireless facilities on the basis of aesthetics, traffic safety, noise, and other criteria. However, due to federal preemption, the proposed Ordinance and Design Guidelines do not regulate the placement of wireless facilities based on the environmental effects of radio frequency (“RF”) emissions that comply with FCC regulations. Neither do the proposed Ordinance and Design Guidelines require or prohibit any specific type of technology, also consistent with the limitations imposed on the City based on federal preemption
On June 14, 2022, the City Council took the following actions:
o Approved Resolution 2022-__, adopting CEQA findings and a Negative Declaration (Attachment 1);
o Introduced Ordinance 2022-__, setting forth locational standards for Wireless Telecommunications Facilities (Attachment 2); and
o Adopted Resolution 2022-__, setting forth Design Guidelines for Wireless Telecommunications Facilities (Attachment 3).
Staff Recommendation:
1. Adopt Ordinance 2022-__, Wireless Telecommunications Facilities Locational Standards, as introduced by the City Council on June 14, 2022.
Purpose
The overarching intent of the Ordinance and Design Guidelines is to balance the need to provide for a reasonable range of potential sites for the location of wireless telecommunications throughout the City while preserving its essential wooded, small community character and its inherent aesthetic quality. The proposed Ordinance and Design Guidelines achieve this by minimizing the visual and physical effects of wireless telecommunications facilities through appropriate location, siting, design, and visual screening of facilities; encouraging the installation of wireless telecommunications facilities at locations where other such facilities already exist; and providing for the installation of wireless facilities so as to minimize potential adverse impacts to Los Altos.
Proposed locational standards and design guidelines are intended to better reflect the community’s land use and address advancements in wireless telecommunications technology that is trending away from large, powerful, and very visually intrusive towers and “macro” facilities to smaller, less powerful, and less visually intrusive small wireless facilities. 114
Agenda Item # 9.
Subject: Wireless Telecommunications Facilities Ordinance and Design Guidelines
June 21, 2022 Page 3
Background
Current regulation of wireless telecommunications facilities within the City of Los Altos is provided in two documents:
City of Los Altos Resolution No. 2019-35, Design and Siting Guidelines and Standards for Wireless Facilities, which provides design guidelines and locational standards for the installation of wireless facilities within the City.
City of Los Altos Municipal Code Chapter 11.12, Wireless Facilities, which addresses wireless telecommunications facility permit requirements and sets forth standard conditions of approval for such facilities.
The City adopted Resolution No. 2019-35 and Municipal Code Chapter 11.12 in August 2019 following a City Council study session and several public hearings, at which stakeholders discussed wireless and other infrastructure deployment issues; reviewed potential local regulatory responses to the recent changes in federal law in the FCC orders; and expressed their design and locational preferences, practical and safety concerns, aesthetic concerns, policy views and the essential local values that make Los Altos a unique community.
Ordinance 2022-___ repeals Resolution No. 2019-35 in total, replacing it with the locational standards in Ordinance 2022-___ and the Design Guidelines in Resolution 2022-__. In addition to adding Chapter 14.85 to the Municipal Code, Ordinance 2022-___ makes specified revisions to Municipal Code Chapter 11.12.
Discussion/Analysis
Starting with the Planning Commission’s recommendations, the City Council undertook detailed review of wireless facilities locational standards and design guidelines on April 12, May 20, and June 14, 2022.
On June 14, 2022, the City Council approved Resolution 2022-__, adopting CEQA findings and a Negative Declaration (Attachment 1). The City Council also introduced Ordinance 2022-__, setting forth locational standards for Wireless Telecommunications Facilities (Attachment 2).
Because a previously adopted ordinance had been codified as Municipal Code Chapter 14.82, the wireless telecommunications facilities ordinance has been renumbered as Chapter 14.85 in all attachments. Finally, on June 14, 2022, the City Council adopted Resolution 2022-__, setting forth design guidelines for Wireless Telecommunications Facilities (Attachment 3). 115
Agenda Item # 9.
Subject: Wireless Telecommunications Facilities Ordinance and Design Guidelines
June 21, 2022 Page 4
Having introduced Ordinance 2022-__ on June 14, 2022, staff has brought the Ordinance back to the City Council for formal adoption. The Ordinance and Design Guidelines would become effective 30 days after adoption. Resolution No. 2019-35 will remain in effect until the effective date of the Ordinance.
5118798.2
116
Agenda Item # 9.
1 Adopted June 14, 2022
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS
ALTOS MAKING FINDINGS ADOPTING A NEGATIVE
DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, the City of Los Altos is proposing revisions to its existing standards for development of wireless telecommunications facilities, including a new wireless ordinance to regulate the permissible location of wireless facilities along with revisions to Municipal Code Chapter 11.12 modifying permit requirements; and
WHEREAS, the City also proposes to expand existing development standards and design guidelines and preferences for wireless telecommunications facilities; and WHEREAS, the City prepared an Initial Study in accordance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and the CEQA Guidelines (14 California Code of Regulations, Title 14 Chapter 3, Section 15000 et seq.); and
WHEREAS, the Initial Study determined that no significant environmental impacts would result from adoption of the proposed wireless telecommunications ordinance and design guidelines (“Project”); and
WHEREAS, the City issued a Notice of Intent to Adopt a Notice of Declaration (Notice of Intent) on January 26, 2022; and
WHEREAS, the Initial Study/Negative Declaration was made available for a 30- day public review period beginning on January 26 and ending on February 24, 2022; and WHEREAS, written comments were received during the 30-day public review period and are set forth in Attachment A; and
WHEREAS, none of the information contained in the written comments received during the 30-day public review period presented substantial evidence that the proposed wireless telecommunications ordinance and design guidelines would have a significant effect upon the environment; and
WHEREAS, on March 3 and March 17, 2022, the Planning Commission conducted public hearings on the proposed wireless telecommunications ordinance, design guidelines, and Negative Declaration, at which time interested persons and organizations had an opportunity to testify and provide comments; and
WHEREAS, the Planning Commission reviewed and considered the proposed Negative Declaration as required by CEQA Guidelines Section 15074(a); and Attachment 1
117
Agenda Item # 9.
2 Adopted June 14, 2022
WHEREAS, on March 17, 2022 following the conclusion of its public hearings, the Planning Commission recommended that the City Council approve the Negative Declaration provided as Attachment B to this Resolution; and
WHEREAS, on April 12, May 10, and June 14, 2022, the City Council conducted public hearings on the proposed wireless telecommunications ordinance, design guidelines, and Negative Declaration, at which time interested persons and organizations had an opportunity to testify and provide comments; and
WHEREAS, the City Council reviewed and considered the proposed Negative Declaration as required by CEQA Guidelines Section 15074(a); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Altos that the above recitals are true and correct and are incorporated herein by reference as if set forth in full; and
BE IT FURTHER RESOLVED that, based upon the information contained in the Initial Study and provide at Planning Commission and City Council hearings, the City Council of the City of Los Altos hereby adopts the following findings for the Project in compliance with CEQA, the CEQA Guidelines, and the City’s procedures for implementing CEQA. The City finds, on the basis of the whole record, that there is no substantial evidence that the Project will have a significant effect on the environment:
Aesthetics.
Wireless telecommunications facilities permitted by the proposed locational standards would be mounted on existing buildings or on poles (either existing, replacement, or new) subject to detailed design guidelines that minimize the visual intrusiveness of these facilities. Building-mounted wireless telecommunications facilities would not be permitted to add to the height or bulk of buildings. Pole-mounted wireless telecommunications facilities could, when mounted on an existing or replacement pole, increase the overall height of the pole and, although underground installation of equipment is the preferred design solution, proposed design guidelines permit equipment to be placed in an above-ground enclosure or pole mounted when underground installation is not feasible. However, pole-mounted facilities would not have the bulk to significantly impact long-distance views and while they may be visible, would be required to have the least visually intrusive design feasible. Thus, potential adverse aesthetic effects within the City would be less than significant.
Agriculture and Forestry Resources.
There are no lands within the City shown as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. Lands within the City are identified as “Urban and Built-up Land” on the California Department of Conservation’s Santa Clara County Important Farmlands Map 2016. There are no 118
Agenda Item # 9.
3 Adopted June 14, 2022
Williamson Act parcels or forest or commercial agricultural land within the City. Thus, there would be no impact to Agricultural and Forestry Resources.
Air Quality.
Wireless telecommunications facilities permitted by proposed development standards and design guidelines would be consistent with the Bay Area’s 2017 Clean Air Plan. The proposed development standards and design guidelines do not involve the construction of any homes, businesses, or other uses that would result in population growth or long-term increase in mobile or stationary source air pollutant emissions.
Installation of wireless telecommunications facilities would occur intermittently, at various different locations, and would typically involve installation of a new pole, replacement of an existing utility pole, addition of wireless telecommunications equipment to an existing pole, or mounting of equipment on a building or rooftop. Such installation activities would be small in scale and not involve major grading or construction activities. No net increase in long-term air pollutant emissions would result and there would be no cumulatively considerable contribution to any cumulative air quality impact during construction or ongoing operations. Thus, potential adverse air quality effects within the City would be less than significant.
Biological Resources.
Wireless telecommunications facilities associated with the proposed development standards and design guidelines would occur within roadway rights-ofway or within existing development sites (roof- and building-mounted facilities). No riparian habitat areas or other sensitive natural communities would be disturbed and no modification of habitat supporting any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service would result. Thus, there would be no impact to Biological Resources.
Cultural Resources.
Wireless telecommunications facilities associated with the proposed development standards and design guidelines would occur within roadway rights-ofway or within existing development sites (roof- and building-mounted facilities).
Proposed design guidelines require that any roof- or building mounted facility retain the architectural character of the structure. Thus, a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines §15064.5 would not occur. While it is unlikely that installation of a wireless telecommunications facility would necessitate disturbance of soils below those that were previously disturbed by construction of existing roadways, utilities, and buildings, in the event of an unanticipated discovery during installation of a wireless telecommunications facility, the proposed Ordinance requires ground-disturbing activities to be halted until a Cityapproved qualified consulting archaeologist assesses the significance of the find according to CEQA Guidelines §15064.5. If any find is determined to be a unique 119
Agenda Item # 9.
4 Adopted June 14, 2022
archaeological resource, the City and the consulting archaeologist would determine the appropriate measures to be taken. All archaeological resources recovered would be subject to scientific analysis, professional museum curation, and documentation according to current professional standards. Thus, potential adverse cultural resource effects within the City would be less than significant.
Energy Resources.
Installation of wireless telecommunications facilities would use construction equipment and techniques that are typical for utility facilities installations (polemounted) and building construction (building- and roof-mounted) throughout the state.
Nighttime construction activities requiring lighting would be avoided unless needed to address safety or traffic movement concerns on a temporary basis. Operation of wireless telecommunications facilities would consume energy at rates typical of such facilities throughout the state. No wasteful, inefficient, or unnecessary consumption of energy resources would therefore result. Thus, potential adverse energy resource effects within the City would be less than significant.
Geology and Soils.
No active faults traverse the City and there is therefore no potential for the primary hazard of ground rupture. Installations of wireless telecommunications facilities would be required to meet the most current California Building Code standards required at the time of construction to reduce the potential for substantial adverse effects related to geologic, groundshaking, and soils conditions. In addition, erosion control measures required under Provision C.3 of the applicable Municipal Regional Stormwater Permit would be required to be implemented to reduce potential construction-related erosion impacts. It is unlikely that installation of a wireless telecommunications facility would necessitate ground disturbance of soils below that were which was previously disturbed by construction of existing roadways and buildings. However, in the event of an unanticipated discovery during project construction, ground-disturbing activities would be halted until a qualified paleontologist meeting the Society of Vertebrate Paleontology (SVP) Standards determines their significance, and, if significant, supervises their collection for curation.
Thus, potential adverse geology and soil effects within the City would be less than significant.
Greenhouse Gas Emissions.
Installation of wireless telecommunications facilities would result in emissions of greenhouse gases (GHGs) from the operation of construction equipment, as well as transport of materials and construction workers to and from sites. The installation period for a wireless telecommunication facility ranges in time from a few hours for minor upgrades (e.g., replacement of antennas) to a few weeks for erection of new or replacement poles for pole-mounted facilities. Installation activities would be subject to applicable BAAQMD best management practices. Operation of wireless 120
Agenda Item # 9.
5 Adopted June 14, 2022
telecommunications facilities would not add to the existing inventory of residential, business, or other uses that would generate ongoing greenhouse gas emissions within Los Altos. Once completed, a facility would require very few trips per month for maintenance and monitoring of facility operations. Thus, potential adverse greenhouse gas emissions effects within the City would be less than significant.
Hazards and Hazardous Materials.
Installation of wireless telecommunications facilities would include routine use of hazardous materials in the form of paints, solvents, and other common materials containing potentially toxic substances. With the exception of a few facilities that might have backup generators, wireless telecommunications facilities are not associated with the use, transport, storage, or disposal of hazardous materials during ongoing operations. All potentially hazardous materials would be contained, stored, and used in accordance with manufacturers’ instructions and transported and handled in compliance with applicable standards and regulations.
Radiofrequency (RF) radiation emanates from antennas on wireless telecommunications facilities and is generated by the movement of electrical charges in the antenna. The energy levels it generates are not great enough to ionize, or break down, atoms and molecules, and is thus known as “non-ionizing” radiation.
The Federal Communications Commission (FCC) is the government agency responsible for the authorization and licensing of facilities such as wireless telecommunications facilities that generate RF radiation. For guidance in health and safety issues related to RF radiation, the FCC relies on other agencies and organizations for guidance, including the EPA, FDA, the National Institute for Occupational Safety and Health (NIOSH) and OSHA, which have all been involved in monitoring and investigating issues related to RF exposure.
The FCC has developed and adopted guidelines for human exposure to RF radiation using the recommendations of the National Council on Radiation Protection and Measurements (NCRP) and the Institute of Electrical and Electronics Engineers (IEEE), with the support of the EPA, FDA, OSHA and NIOSH. According to the FCC, both the NCRP exposure criteria and the IEEE standard were developed by expert scientists and engineers after extensive reviews of the scientific literature related to RF biological effects. The exposure guidelines are based on thresholds for known adverse effects, and they incorporate appropriate safety margins.
Section 704 of the Telecommunication Act of 1996 preempts local governments from regulating wireless facilities on the basis of RF safety or health effects when such facilities comply with FCC RF emissions standards, and specifically states that “[n]o State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.” Accordingly, 121
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compliance with FCC RF emissions standards constitutes substantial evidence of a less than significant environmental impact. (See 47 U.S.C. § 332(c) (7)(B)(iv).) Because all facilities that might be approved pursuant to the proposed wireless telecommunications facilities development standards and design guidelines are required to operate under federally mandated limits on RF radiation and are exclusively regulated by the FCC in this respect, the City of Los Altos is preempted from regulating the placement or construction of facilities based on RF emissions and must therefore rely on the FCC’s regulations to address the environmental effects of RF emissions.
While it is possible that an application could be submitted to the City requesting installation of a wireless telecommunications facility on a site that is included on a list of hazardous materials sites, the large majority of such sites within Los Altos have been remediated and installation of a wireless telecommunication facility would not create a significant hazard to the public or the environment. As a standard condition of approval for sites included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 that have yet to be investigated or remediated, the City would require that such investigation be completed along with any required remediation before approving a permit for installation of a wireless telecommunication facility.
The City of Los Altos is not located within a Very High Fire Hazard Severity Zone as delineated on California Department of Forestry and Fire Protection (CAL FIRE) State Responsibility Area and Local Responsibility Area maps (State Responsibility Area (SRA) Viewer (arcgis.com)). The City is largely developed and only portions of the area west of the I-280 freeway are located near wildland areas that would be susceptible to fire. Such areas are not identified in proposed development standards and design guidelines as a permitted location for wireless telecommunications facilities. All wireless facilities installations would be required to comply with applicable code requirements to ensure fire safety.
Accordingly, potential adverse hazards and hazardous waste effects within the City would be less than significant.
Hydrology and Water Quality.
Wireless telecommunications facilities do not require the use of water during ongoing operations. Installation activities could require minimal watering for ground disturbance required for a new or replacement pole. Such activities would have a very small footprint and limited duration and would thus not adversely affect groundwater supplies or recharge. BMPs would be implemented during installation to minimize erosion. Due to their small footprint and dispersion from each other, the minor increase in impervious surface area (generally less than 6.25 square feet) that might result from installation of a new or replacement pole for a wireless telecommunication facility would not be great enough to alter existing drainage patterns or cause off-site flooding. 122
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7 Adopted June 14, 2022
Land Use and Planning.
Proposed development standards and design guidelines specifically prohibit wireless telecommunications facilities from interfering with vehicular, bicycle, and pedestrian movement. As a result, there is no potential for these development standards and design guidelines to result in dividing an established community. No significant impacts were determined to result from the proposed development standards and design guidelines for wireless telecommunications facilities, including impacts associated with inconsistencies with adopted planning policies.
Mineral Resources.
Wireless telecommunications facilities would be located within existing public rights-of-way and utility easements or on existing buildings within developed sites.
There would, therefore, be no direct or indirect effects on the availability of any mineral resources by restricting access to a resource recovery site or substantially depleting the reserves of any known resources in the region.
Noise.
Noise from wireless telecommunications facilities would be limited to installation of facilities (ranging in time from a few hours for minor upgrades (e.g., replacement of antennas) to a few weeks for erection of new or replacement poles for pole-mounted facilities) and occasional use of cooling equipment or an emergency generator at discreet locations. Installation of wireless telecommunications facilities will be required to comply with City noise standards, which specify:
Permitted construction hours;
Interior and exterior noise standards by zoning district for daytime and nighttime hours; and
Prohibited acts relative to noise, including maximum noise levels at affected properties and hours during which construction is permitted. The noise ordinance allows for increases in noise related to construction activities during permitted construction hours.
While installation of wireless telecommunications facilities may generate temporary groundborne vibration and groundborne noise from the operation of construction equipment, the type of equipment typically used during installations only generates localized groundborne vibration and groundborne noise that could be perceptible only in the immediate vicinity of the project site and would not be sufficient to cause damage to adjacent structures.
Population and Housing.
Proposed development standards and design guidelines for wireless telecommunications facilities would not involve the construction of any homes, businesses, or other uses that would directly result in population growth, nor would 123
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8 Adopted June 14, 2022
such standards and guidelines remove a barrier to growth or induce additional unplanned development.
Public Services.
Proposed development standards and design guidelines for wireless telecommunications facilities would not increase the level of needed public services and would not result in the need for new or physically altered facilities because wireless communication facilities do not normally require public services.
Recreation.
Proposed development standards and design guidelines for wireless telecommunications facilities would not generate an increase in demand for parks or require construction or expansion of new park facilities since no residential uses are proposed and no increase in population would result.
Transportation.
Proposed wireless communication facilities would temporarily generate vehicle traffic at installation sites, which would last no more than a few weeks for a new or replacement pole or as little as a few hours for antenna replacement. Following installation, traffic would return to pre- installation levels with the exception of one to two site maintenance visits per month for each facility. Because no new population would be generated, proposed development standards and design guidelines would not generate any increase in transit, bicycle, or pedestrian travel.
Tribal Cultural Resources.
Pursuant to the requirements of AB 52, the City of Los Altos informed the Tamien Nation regarding the wireless telecommunications ordinance and design guidelines on January 20, 2022 and provided the Nation with the opportunity for consultation regarding potential impacts on Tribal Cultural resources. No request for such consultation was made by the Tamien Nation.
Utilities and Service Systems.
Proposed development standards and design guidelines for wireless telecommunications facilities would not generate an increase in population due to increased residential or business uses and would not consume water or generate wastewater or solid waste on an ongoing basis. Only minor amounts of water would be used on a temporary basis during installation of individual wireless telecommunications facilities. While wireless telecommunications facilities require electrical power, they do not draw sufficient power so as to require new or improved energy facilities. Where wireless telecommunications facilities are proposed on existing electrical poles, addition of wireless equipment or replacement of a pole may be required. 124
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9 Adopted June 14, 2022
Wildfire.
Los Altos has an adopted Emergency Preparedness Plan identifying potential risks, facilities and resources relied upon in the event of a catastrophe, and persons responsible for implementation. Wireless telecommunications facilities would be located within existing public rights-of-way and utility easements, as well as on existing buildings within previously developed sites, and would not, therefore, impair implementation of or physically interfere with the City’s Emergency Preparedness Plan.
In the event future construction activities require work to be performed in a roadway, appropriate traffic control plans would be prepared in conjunction with an encroachment permit.
The City of Los Altos is not located within a Very High Fire Hazard Severity Zone as delineated on California Department of Forestry and Fire Protection (CAL FIRE) State Responsibility Area and Local Responsibility Area maps (State Responsibility Area (SRA) Viewer (arcgis.com)). The City is largely developed and only portions of the area west of the I-280 freeway are located near wildland areas that would be susceptible to fire. Such areas are not identified in proposed development standards and design guidelines as a permitted location for wireless telecommunications facilities. All wireless facilities installations would be required to comply with applicable code requirements to ensure fire safety.
BE IT FURTHER RESOLVED that the City Council of the City of Los Altos adopts the Negative Declaration contained below based on these findings.
APPROVED AND ADOPTED at a regular meeting of the City Council this 14th day of June, 2022.
________________________________
Anita Enander
Mayor, City of Los Altos
__________________________
Attest: Angel Rodriguez
City Clerk
125
Agenda Item # 9.
Attachment A
Written Comments on the
Proposed Negative Declaration
Received during the Public Review Period
126
Agenda Item # 9.
127
Agenda Item # 9.
Sincerely,
Los Altos Resident
Ed Nieda
Ave.
128
Agenda Item # 9.
From: Melissa Smith
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland
Subject: No Cell Towers Near Homes & Schools
Date: Monday, February 14, 2022 11:27:14 AM
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Melissa Smith
Los Altos Resident
129
Agenda Item # 9.
From: Los Altan
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland
Subject: No Cell Towers Near Homes & Schools
Date: Monday, February 14, 2022 11:29:36 AM
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Los Altos Resident
130
Agenda Item # 9.
From: Ken Elefant
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland
Subject: No Cell Towers Near Homes & Schools
Date: Monday, February 14, 2022 12:21:46 PM
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Ken Elefant
Los Altos Resident
131
Agenda Item # 9.
From: Phyliss Brazell
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland
Subject: No Cell Towers Near Homes
Date: Monday, February 14, 2022 12:23:10 PM
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes. Please find alternative locations.
Sincerely,
Los Altos Resident
132
Agenda Item # 9.
133
Agenda Item # 9.
From: Judith Simon
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland
Subject: No Cell Towers Near Homes & Schools
Date: Monday, February 14, 2022 12:25:39 PM
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Los Altos Resident
134
Agenda Item # 9.
From: Alex Liang
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland
Subject: No Cell Towers Near Homes & Schools
Date: Monday, February 14, 2022 12:55:48 PM
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Los Altos Resident
Alex Liang
135
Agenda Item # 9.
From: Patrick yuen
To: Los Altos Planning Commission; City Council; Gabriel Engeland Subject: No Cell Towers Near Homes & Schools
Date: Monday, February 14, 2022 1:10:20 PM
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Los Altos Resident
Patrick Yuen
---
Cell : 650-996-6181
136
Agenda Item # 9.
From: Sean Chen
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland
Subject: No Cell Towers Near Homes & Schools
Date: Monday, February 14, 2022 1:18:04 PM
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Los Altos Resident
137
Agenda Item # 9.
--
Sean
138
Agenda Item # 9.
From: Aronson, Jeff
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland; Kristine Chin ([email protected]) Subject: No Cell Towers Near Homes & Schools
Date: Monday, February 14, 2022 3:11:07 PM
Attachments: image001.png
Dear City of Los Altos Planning Commission,
We have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. We implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, we understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues we would like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Jeff & Kristine Aronson
Los Altos
Jeffrey D. Aronson
Partner
DLA Piper LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2215
139
Agenda Item # 9.
dlapiper.com
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to [email protected]. Thank you. 140
Agenda Item # 9.
From: mary ann kanyal
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland
Subject: Please honor the decision that was agreed to in 2019 and stay true to the original ordinance Date: Monday, February 14, 2022 3:34:57 PM
To: [email protected]
CC: [email protected], [email protected]
Subject: No Cell Towers Near Homes & Schools
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Los Altos Resident
Mary Ann Kanyal
141
Agenda Item # 9.
From: REYNETTE AU
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland
Subject: No Cell Towers Near Homes & Schools
Date: Monday, February 14, 2022 5:48:15 PM
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Reynette Au
30 year Los Altos Resident
142
Agenda Item # 9.
From: Allison Marras
To: Los Altos Planning Commission
Subject: No Cell Towers Near Homes & Schools
Date: Monday, February 14, 2022 6:28:43 PM
Subject: No Cell Towers Near Homes & Schools
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Los Altos Resident
Sent from Yahoo Mail for iPhone
143
Agenda Item # 9.
From: Yeeping Zhong
To: Los Altos Planning Commission
Cc: City Council; Gabriel Engeland
Date: Monday, February 14, 2022 8:22:19 PM
Dear City of Los Altos Planning Commission,
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Los Altos Resident
Yeeping Zhong ( .)
144
Agenda Item # 9.
From: R. K. Johnson
To: Los Altos Planning Commission
Cc: City Council
Subject: The "wireless emergency ordinance" that was put into place in 2019 Date: Tuesday, February 15, 2022 2:54:18 PM
Dear City of Los Altos Planning Commission,
NO CELL TOWERS near homes or schools
I have learned from the City of Los Altos website that the city is currently seeking to change the wireless emergency ordinance that was put into place in 2019. I implore the City to stay as true to the original ordinance as possible and ensure we don’t have cell towers placed close to schools and homes. While some residents have expressed valid health concerns of placing cell towers so close to our schools and homes, I understand the City is unable to take these concerns into account due to Federal laws. However, there are other issues I’d like the City to consider including visual blight, noise, safety and property values.
Visual blight: The City’s utility poles are visually unappealing. I don’t want to increase the unsightliness with cell towers on the tops of these poles, not to mention a refrigerator’s worth of equipment hanging to the side.
Noise: Cell towers make considerable noise from their cooling fans. Having these towers placed so close to our homes would negatively impact our living environment.
Safety: Most cell towers have a refrigerator’s worth of equipment, including lithium ion batteries that have been known to cause fires. It’s not safe to place flammable materials on combustible wooden poles that could potentially burn down a home or neighborhood.
Property Values: Cell towers placed so close to homes will reduce the attractiveness of homes in the area. According to Realtor Magazine, a study found that 94% of homebuyers would not purchase a home near a cell tower.
Again, please do not place cell towers close to our homes and schools. Please find alternative locations.
Sincerely,
Los Altos Resident
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From: Freddie Park
To: Los Altos Planning Commission
Cc: City Council
Subject: 5G cell towers
Date: Saturday, February 19, 2022 4:10:39 PM
Dear Los Altos Planning Commissioners,
I am a resident and home owner of 27+ years in Los Altos. I understand that the city is amending the Urgency Ordinance relating to 5G towers due to the litigation against the city by AT&T and Verizon. I realize we are in between a rock and a hard place regarding the ordinance and federal law. I would ask that you do your very best to make certain that 5G towers are required to be as far away from our homes and schools as possible.
Thank you for your consideration.
Sincerely,
Freddie Park Wheeler
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Attachment B
1 Adopted June 14, 2022
The City Council of the City of Los Altos has considered the project identified below and has adopted the following Negative Declaration pursuant to the California Environmental Quality Act:
1. Project Title: Wireless Telecommunications Facilities Ordinance and Design Guidelines
2. Lead Agency: City of Los Altos
3. Contact Person: Gabriel Engeland, City Manager
City of Los Altos
One North San Antonio Road
Los Altos, CA 94022
(650) 947-2632
4. Project Location: Citywide
5. Project Description: The proposed project involves revisions to the City of Los Altos’ existing standards for development of wireless telecommunications facilities, including an ordinance to regulate permissible locations and preferences for the location of wireless facilities. These locational standards, which would replace the locational standards now provided in City of Los Altos Resolution No. 2019-35, would be adopted by ordinance into Chapter 14.85 of the Los Altos Municipal Code. Associated revisions are proposed to the application review procedures contained in Chapter 11.12 of the Municipal Code.
In addition, the City proposes to expand and supplement existing development standards and design guidelines and preferences for wireless telecommunications facilities
contained in Resolution No. 2019-35 by (1) adding a set of basic design principles that would apply to all wireless telecommunications facilities and (2) identifying
configuration preferences along with design guidelines for specific types of wireless facilities.
5125240.1
NEGATIVE DECLARATION
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ORDINANCE NO. ____
AN ORDINANCE OF THE LOS ALTOS CITY COUNCIL AMENDING LOS ALTOS MUNICIPAL CODE CHAPTER 11.12 AND ADDING CHAPTER 14.85 RELATING TO
WIRELESS TELECOMMUNICATIONS FACILITIES AND UTILITY
INFRASTRUCTURE SETTING NEW LOCATIONAL REQUIREMENTS AND
REVISING DEVELOPMENT STANDARDS
THE LOS ALTOS CITY COUNCIL HEREBY FINDS AND ORDAINS:
SECTION 1. FINDINGS
A. Pursuant to the California Constitution, Article XI, section 7; California Government Code § 37100 and other applicable law, the City Council may make and enforce within its limits all local, police, sanitary and other ordinances, resolutions and other regulations not in conflict with general laws.
B. Los Altos’ public rights-of-way are a uniquely valuable public resource, closely associated with the City’s rural character and natural beauty. Los Altos has a population of approximately 30,000 and is a suburban community within Silicon Valley. The City has a small town, semi-rural atmosphere, wooded and quiet with low-density, single-family homes. The regulation of wireless communication facilities both within the public right-of-way and other locations within the City, is necessary to protect and preserve the aesthetics of the community.
The City’s General Plan also provides for the undergrounding of new telephone and utility lines, “maintaining the low density, low profile residential character of the community through zoning regulations and design guidelines,” and “ensuring compatibility between residential and nonresidential development through zoning regulations and design review.” The City’s concerns for preserving the residential character of the community extend to public safety, visual quality, and aesthetics, and relate to imposing various development standards for the location, camouflaging, height, size and spacing of wireless telecommunications facilities. Providing separation between wireless telecommunications facilities and the front of homes along permitted rights-of-way within residential zones serves to reduce the intrusiveness of any new wireless telecommunications facilities.
C. Wireless telecommunication facilities provide vital communications services to Los Altos residents, businesses, and visitors. While they are a key element of ensuring essential communication, public safety, and economic vitality, wireless telecommunication facilities can also cause adverse visual and environmental effects within the community. The City is therefore mindful of the need to minimize the potential adverse impacts of wireless facilities on the community, including impacts on the City’s aesthetic well-being, while balancing these concerns against the need for sufficient cell coverage for emergency needs and compliance with both federal and state laws. The regulation as to wireless site visibility is particularly focused on Attachment 2
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minimizing visibility from residences, encouraging undergrounding of utilities, and limiting the height of such facilities to be consistent with the single-family residences that predominate the housing stock of Los Altos. In keeping with these goals, the City has revised the locational standards to encourage the location of wireless telecommunications facilities within and adjacent to non-residential uses and providing for separation of such facilities from all residential dwelling units. These sound land use locational provisions, in combination with design guidelines developed and being adopted by the City concurrent with this Ordinance, will serve to ensure the preservation of the local residential areas while also being mindful of avoiding the over saturation of wireless telecommunication facilities in any single portion of the City or along any single roadway.
D. If not adequately regulated, installation of small cell and other wireless telecommunications facilities within the public right-of-way can pose a threat to the public health, safety and welfare, including disturbance to the right-of-way through the installation and maintenance of wireless telecommunication facilities; traffic and pedestrian safety hazards due to the unsafe location of wireless facilities; impacts to trees where proximity conflicts may require unnecessary trimming of branches or require removal of roots due to related undergrounding of equipment or connection lines; land use conflicts and incompatibilities including excessive height of poles and/or towers; creation of visual and aesthetic blights and potential safety concerns arising from excessive size, heights, noise, or lack of camouflaging of wireless telecommunications facilities including the associated pedestals, meters, equipment and power generators; and the creation of unnecessary visual and aesthetic blight by failing to utilize alternative technologies or capitalizing on colocation opportunities, all of which has the potential to yield serious negative impacts on the unique quality and character of Los Altos. The reasonably regulated and orderly development of wireless telecommunication facilities in the public-right-of-way is desirable, and unregulated or disorderly development represents a threat to the health, welfare, and safety of the Los Altos community.
E. The City’s beauty is an important reason for businesses to locate in Los Altos and for residents to live here. Beautiful views enhance property values and increase the City’s tax base.
The City’s economy, as well as the health and well-being of all who visit, work or live in the City, depends in part on maintaining the City’s beauty. The City has been moving towards the undergrounding of various utilities, including the First Street and Lincoln Park Undergrounding Utility projects, and needs to ensure that this effort is not hindered by the addition of numerous wireless telecommunications facilities, including cabinets, wires, cables, and bulky equipment that visually impede and clutter the City’s public rights of way. The City’s development and operational standards serve to encourage the reduction of all appurtenant equipment, screening of same, and efforts at undergrounding.
F. The City Council takes legislative notice of the various federal court decisions that have set applicable standards and metrics that the City must meet in the regulation of wireless 163
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telecommunications facilities. The City recognizes that there is a long–standing test in California that looks to whether and applicant has shown that there is a “significant gap” in service and an applicant has chosen the “least intrusive means of closing that gap.” MetroPCS, Inc v. City & County of San Francisco, 400 F.3d 715,733 (9th Cir. 2005) abrogated on other grounds in TMobile S., LLC v. City of Roswell, Georgia, 574 U.S. 293 (2015). More recently, the FCC adopted an Order in a proceeding focused on small wireless facilities and 5G, which found that local regulations are preempted if those regulations “materially inhibit” the provision of wireless services. The FCC Order goes on to state that local aesthetic requirements that are reasonable, in that they are technically feasible and reasonably directed to avoiding or remedying the intangible public harm of unsightly or out-of-character deployments are permissible. In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Inv., 33 F.C.C. Rcd. 9088 (2018), aff’d in part, rev’d in part, City of Portland v United States, 969 F.3d 1020, 1032 (9th Cir. 2020). That is, reasonable aesthetic requirements by definition do not “materially inhibit” service. The City is mindful of these various evolving legal decisions and FCC Orders in its provision of these revised siting and various development standards.
G. The City acknowledges that there have been significant changes in federal laws that affect local authority over wireless telecommunication facilities and other related infrastructure deployments. These changes in federal law have occurred concurrently with an ever-increasing demand for the placement of wireless telecommunication facilities within the public rights-ofway, in order to offer increased coverage in the way of numerous expanding technologies such as: cell phones, video streaming, and online access to work from home during the COVID -19 pandemic. In connection with the ever increasing demand for expanding technologies, the City is also mindful of the carriers’ desire to move forward with 5G and the recent published decision in Environmental Health Trust v. Federal Communications Commission, 9 Fed. 4th 893, 905 (D.C. Cir. 2021), wherein the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit Court”) noted that the FCC had failed to provide a reasoned explanation for its determination that its existing radio frequency (“RF”) exposure regulations were adequate to ensure public safety in light of evidence presented to the FCC regarding the health impacts posed by various technological developments that have occurred since 1996, including the ubiquity of wireless devices and Wi-Fi, and the emergence of 5G technology. The D.C. Circuit Court therefore directed the FCC to provide a reasoned explanation to support its conclusion that RF standards need not be revised to protect public health from RF. The FCC’s RF regulations, promulgated in 1996, however, remain in effect. Despite the D.C. Circuit Court’s decision in Environmental Health Trust, localities remain preempted, under existing law, from regulating wireless facilities on the basis of any purported health effects of RF emissions provided such RF emissions comply with existing FCC standards.
H. The City takes legislative notice of the Federal Communications Commission ("FCC") adoption on August 2, 2018, of a Third Report & Order and Declaratory Ruling in the rulemaking proceeding titled Accelerating Wireline and Wireless Broadband Deployment by 164
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Removing Barriers to Infrastructure Investment, 33 FCC Red. 7705 (rel. Aug. 3, 2018) (“the August 2018 Order"), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities; and that the FCC adopted a Declaratory Ruling and Third Report and Order in September of 2018, --- FCC Red. ---, FCC 18-133 (rel. Sep. 27, 2018) (the "September 2018 Order"), which, among many other things, creates new shorter "shot clocks" for small wireless facilities (as defined in the September 2018 Order) and alters existing "shot clock" regulations to require local public agencies to do more in less time.
I. The City recognizes its responsibilities under the Federal Telecommunications Act of 1996 and state law and believes that it is acting consistent with the current state of the law in ensuring that irreversible development activity does not occur that would harm the public health, safety, or welfare. The City does not intend that this Ordinance prohibit or have the effect of prohibiting telecommunications service, as those terms are used in the Federal Telecommunications Act; rather, the City includes appropriate regulations to ensure that the installation, augmentation, and relocation of wireless telecommunications facilities in the public rights-of-way are conducted in such a manner as to lawfully balance the legal rights of applicants under the Federal Telecommunications Act and the California Public Utilities Code while, at the same time, protect to the full extent feasible against the safety and land use concerns described herein. Indeed, the City has engaged a land use expert to map the available sites that are permissible for the siting of wireless telecommunication facilities under these siting criteria, and he concludes that these current locations standards would permit small wireless telecommunications along more than 101,185 linear feet of roadway right-of-way within Los Altos.
J. The overarching intent of this Ordinance is to make wireless telecommunications reasonably available while preserving the essential rural character of Los Altos. This intent will be realized by minimizing the visual and physical effects of wireless telecommunications facilities through appropriate design, siting, screening techniques and location standards; encouraging the installation of wireless telecommunications facilities at locations where other such facilities already exist; and encouraging the installation of such facilities where and in a manner such that potential adverse impacts to Los Altos are minimized.
K. The City adopted an Ordinance regulating wireless telecommunication facilities in August of 2019. This occurred after the City held a study session and several public hearings, at which stakeholders discussed wireless and other infrastructure deployment issues, potential local regulatory responses to the recent changes in federal law in the FCC orders and expressed their design and location preferences, practical and safety concerns, aesthetic concerns, policy views and the essential local values that make Los Altos a uniquely small suburban community. The 165
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City’s residents in the summer of 2019 called out the numerous concerns at play with aesthetics, and these concerns included numerous objections that were focused on visual blight such as:
Small cell nodes previously proposed by carriers, AT&T and Verizon, to the City of Los Altos were visually intrusive and unsightly;
The City should continue to be judicious about wireless facilities and eliminate visual blight;
The need to consider and eliminate visual blight, to mitigate noise, heat, and exposure to EMF, and to protect our enjoyment of our property and its market value;
Cell towers should be placed in commercial areas, in the medians of major streets, and similar locations. They should not be placed in residential neighborhoods; Wireless facilities should be installed in public/commercial areas instead of along residential streets close to people's homes. Los Altos neighborhood aesthetic guidelines and property value are among the main reasons people are willing to stay in this great City.
Cell towers or small cells are unsightly, noisy and add to the visual blight from existing electric and telephone lines. Small cells should not be placed in a small residential neighborhood cul-de-sac street; it would be better to locate them on a major street or in the back of a commercial property;
Cell towers are ugly and there is no need for extra eye sores; The mounting of "small" refrigerator-sized boxes on the side of an existing utility poles is unsightly and adds to visual blight; and
The cell tower is an eye sore that emits an annoying fan-type noise that has a negative impact on the quality of life of the residents who live there or who walk within the community.
These same concerns as to visual blight, aesthetic impairment and noise remain at play today.
The visual and aesthetic impacts of proposed wireless telecommunications facilities are much greater in a residential area versus in a non-residential area such as downtown Los Altos, or Loyola Corners.
L. On March 3 and March 17, 2022, the City Planning Commission held duly noticed public hearings to consider an Ordinance to add Chapter 14.85 and to amend Chapter 11.12 at which the Planning Commission received, reviewed, and considered the staff report, written and oral testimony from the public and other information in the record, and recommended to the City 166
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Council the adoption of this Ordinance regulating the placement of wireless telecommunication facilities.
M. The City recognizes its responsibilities under the Federal Telecommunications Act of 1996 and state law and believes that it is acting consistent with the current state of the law in ensuring that irreversible development activity does not occur that would harm the public health, safety, or welfare. The City does not intend that this Ordinance prohibit or have the effect of prohibiting telecommunications service; rather, the City includes appropriate regulations to ensure that the installation, augmentation and relocation of wireless telecommunications facilities in the public rights-of-way are conducted in such a manner as to lawfully balance the legal rights of applicants under the Federal Telecommunications Act and the California Public Utilities Code while, at the same time, protecting to the full extent feasible against the safety and land use concerns described herein.
N. It is not the purpose or intent of this Ordinance, nor shall it be interpreted or applied to:
(1) prohibit or to have the effect of prohibiting wireless telecommunications services; or (2) unreasonably discriminate among providers of functionally equivalent wireless communications services; or (3) regulate the placement, construction or modification of Wireless Telecommunication Facilities on the basis of the environmental effects of radio frequency ("RF") emissions where it is demonstrated that the Wireless Telecommunication Facilities does or will comply with the applicable FCC regulations; or (4) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management; or (5) prohibit or effectively prohibit colocations or modifications that the City must approve under state or federal law; or (6) otherwise authorize the City to preempt any applicable federal or state law.
O. The regulations of wireless installations are necessary to protect and preserve the aesthetic character of the community and to ensure that all wireless telecommunications facilities are installed using the least intrusive means possible. The City is also mindful of the fact that there are a number of different bands that can be utilized by carriers for wireless telecommunication facilities (including 700 megahertz [MHz], 800 MHz, 1900 MHz, and 2100 MHz), and that these additional available band options need to be reviewed and considered in the determination of the least intrusive alternatives. A number of alternative means are also available to provide coverage within Los Altos, including but not limited to the upgrading of existing telecommunications facilities, the placement of macro towers, the co-location of wireless telecommunications facilities, and the provision of micro towers. 167
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SECTION 2. LOCATIONAL CRITERIA
A. Chapter 14.85 of the Los Altos Municipal Code is added to provide as follows:
Chapter 14.85 STANDARDS FOR THE LOCATION OF WIRELESS
TELECOMMUNICATIONS FACILITIES
14.85.010 Purpose.
14.85.020 Definitions.
14.85.030 Wireless Telecommunications Facilities Locational Preferences.
14.85.040 Requirements for Approval of Less Preferred Locations.
14.85.050 Additional Locational Preferences.
14.85.060 Eligible Facilities Requested Per Municipal Code § 12.12.100 and Applications Pursuant to Government Code § 65850.6.
14.85.010 Purpose.
The purpose of the following siting criteria is to provide for the location of wireless telecommunications facilities within the City of Los Altos in a manner that minimizes the visual intrusiveness of wireless telecommunications facilities and provides for coverage throughout the City.
14.85.020 Definitions.
The definitions called out in Chapter 11.12 shall apply here unless a specific alternative definition is provided.
14.85.030 Wireless Telecommunications Facilities Locational Preferences.
A. Colocation with Existing Wireless Telecommunications Facilities
1. The City’s first preference for the location of new wireless facilities is colocation with existing wireless telecommunications facilities.
B. Preferred Locations for Wireless Telecommunications Facilities following Colocation
1. Properties Outside of Public Rights-of-Way and Public Utility Easements a. Following colocation, the preferred location for wireless telecommunications facilities is outside of public rights-of-way and public utilities easements on properties within one of the following Zoning Districts identified in the following subsections 168
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of Municipal Code Section 14.04.010 (not shown in order of preference).
K. Office-Administrative District (OA);
L. Office-Administrative District (OA-1 and OA-4.5);
N. Commercial Neighborhood District (CN);
O. Commercial Downtown District (CD);
P. Commercial Retail Sales District (CRS);
Q. Commercial Thoroughfare District (CT);
R. Commercial Retail Sales/Office District (CRS/OAD); and V. Loyola Corners Specific Plan Overlay District (LCSPZ).
2. Public Rights-of-Way and Public Utility Easements
a. Only facilities qualifying for a Section 6409(a) approval and those meeting the definition of a “small wireless facility” shall be permitted within public rights-of-way and public utility easements. b. Following colocation and the locations identified in paragraph
14.85.030B.2.a, above, the preferred location for a wireless telecommunications facility is within a public right-of-way or public utility easement fronting or within one of the Zoning Districts identified in the following subsections of Municipal Code Section 14.04.010 (not shown in order of preference).
K. Office-Administrative District, OA (OA);
L. Office-Administrative District (OA-1 and OA-4.5);
N. Commercial Neighborhood District (CN);
O. Commercial Downtown District (CD);
P. Commercial Retail Sales District (CRS);
Q. Commercial Thoroughfare District (CT);
R. Commercial Retail Sales/Office District (CRS/OAD); and V. Loyola Corners Specific Plan Overlay District (LCSPZ).
C. Less Preferred Locations for Wireless Telecommunications Facilities
1. Less preferred locations for wireless telecommunications facilities on properties outside of public rights-of-way and public utilities easements include:
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a. Properties other than schools and parks within one of the following Zoning Districts identified in the following subsections of Municipal Code Section 14.04.010 (not shown in order of preference).
S. Public and Community Facilities District (PCF); and
T. Public and Community Facilities/Single-Family District (PCF/R1-10).
b. Properties located on a property within one of the Zoning Districts identified in the following subsections of Municipal Code Section
14.04.010 that (1) have an existing non-residential use; or (2) are owned by the City or another governmental entity for public facility or utility purposes.
A. Single-Family District (R1-10);
B. Single-Family District (R1-H);
C. Single-Family District (R1-20);
D. Single-Family District (R1-40);
E. Single-Story Single-Family Overlay District (R1-S);
F. Multiple-Family District (R3-4.5);
G. Multiple-Family District (R3-5);
H. Multiple-Family District (R3-3);
I. Multiple-Family District (R3.1.8);
J. Multiple-Family District (R3-1);
M. Commercial Downtown/Multiple-Family District (CD/R3); U. Planned Community (PC); and
W. Planned Unit Development (PUD).
2. Less preferred locations for wireless telecommunications facilities within public rights-of-way and public utility easements are those fronting or within one of the Zoning Districts identified in the following subsections of Municipal Code Section 14.04.010 (not shown in order of preference):
A. Single-Family District (R1-10);
B. Single-Family District (R1-H);
C. Single-Family District (R1-20);
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D. Single-Family District (R1-40);
E. Single-Story Single-Family Overlay District (R1-S);
F. Multiple-Family District (R3-4.5);
G. Multiple-Family District (R3-5);
H. Multiple-Family District (R3-3);
I. Multiple-Family District (R3.1.8);
J. Multiple-Family District (R3-1);
M. Commercial Downtown/Multiple-Family District (CD/R3); S. Public and Community Facilities District (PCF);
T. Public and Community Facilities/Single Family District (PCF/R1-10);
U. Planned Community (PC); and
W. Planned Unit Development (PUD).
a. Permitted wireless telecommunications facilities within public rights-of-way and public utility easements within the Zoning Districts identified in Municipal Code Sections 14.04.010 A-J, M, S-U, and W are preferred to be located:
(1) Within a median where one is present;
(2) Adjacent to a vacant parcel or a parcel where a nonresidential use is present; (3) In an area that is at least 5 feet more than the applicable required building setback for the Zoning District of the nearest residential dwelling unit, or 25 feet, whichever is greater.
b. No small wireless facility may be permitted within a public utility easement where it runs across a required front, side, or rear yard setback.
c. No small wireless telecommunications facility within a roadway right-of-way adjacent to Residential Zoning Districts (Municipal Code Sections 14.04.010 A-J, M, S-U, and W) shall be placed within the central fifty percent (50%) of an immediately adjacent parcel’s street frontage unless:
(1) No feasible alternative exists within 500 feet of the proposed location.
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(2) Landscaping and/or screening is provided to conceal the facility from view from adjacent dwelling units to
the extent feasible.
(3) For corner lots, this standard shall apply to both
roadway frontages.
d. No small wireless telecommunications facility shall be placed within a public right-of-way or public utility easement adjacent to or within a park or school unless:
(1) It is located on an existing public utility pole;
(2) No feasible alternative exists within 500 feet of the proposed location; and
(3) Landscaping and/or screening is provided to conceal the facility from view of the adjacent school or park to the extent feasible.
D. Placement Criteria
1. All Wireless Telecommunications Facilities
a. Wireless telecommunications facilities and any associated equipment or improvements shall not physically interfere with or impede access to any:
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(1) Worker access to any above ground or underground
infrastructure owned or operated by any public or private utility agency;
(2) Doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building;
(3) Fire escape; or
(4) Public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop.
b. Wireless telecommunications facilities shall not be located so as to interfere with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.
2. Wireless Telecommunications Facilities on Properties Outside of Public Rights-of-Way and Public Utilities Easements
a. Pole-mounted wireless telecommunication facilities placed on properties outside of roadway rights-of-way and public utility easements should be located as close as feasible to shared property lines between two adjacent lots and should not be located within 20 feet of an entrance to a building or an individual business. b. No portion of a wireless telecommunications facility may be permitted to encroach into any applicable setback for main structures for the zoning district within which it is located unless the facility is designed with a preferred configuration per the City’s Design Guidelines.
c. No wireless telecommunications facility shall be located so as to replace or interfere with parking spaces in such a way as to reduce the total number of parking spaces below the number that is required, nor shall any facility be located so as to interfere with required access to parking spaces.
3. Small Wireless Telecommunications Facilities Within Public Rights-ofWay and Public Utilities Easements a. No wireless telecommunications carrier shall be permitted to locate a small wireless telecommunications facility within 1,000 feet of another small wireless telecommunications facility it operates or within 200 feet of any small wireless telecommunications regardless of its ownership and maintenance.
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b. No portion of any small wireless communications facility within a public right-of-way or utility easement shall overhang a property line.
c. All components of a small wireless telecommunications facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, impair the public's use of the right-of-way or create safety hazards to pedestrians and motorists.
d. Small wireless telecommunication facilities within roadway rightsof-way adjacent to non-Residential Zoning Districts (Municipal Code Sections 14.04.010 K-L, N-T, V) should be located on poles that are as close as feasible to shared property lines between two adjacent lots and not directly in front of commercial and office buildings that have a setback of less than 20 feet from the roadway right-of-way.
e. Small wireless telecommunication facilities shall be located on poles that are outside of driveways and shall not impair intersection sight lines.
f. Small wireless telecommunications facilities should be sited at mid-block locations rather than at more visible corners and intersections unless:
(1) The small wireless telecommunications facility is mounted on a traffic signal control pole or streetlight;
(2) The small wireless telecommunications facility is designed as a preferred configuration with no visible exterior wires or equipment per the City’s Design Guidelines.
g. Facilities mounted to a telecommunications tower, above-ground accessory equipment, or walls, fences, landscaping or other screening methods shall be set back a minimum of 18 inches from the front of a curb.
h. A new pole, if permitted, should be located:
(1) In alignment with existing trees, utility poles, and streetlights.
(2) At an equal distance between trees, when possible, with a minimum separation of 15 feet from the tree’s trunk or
outside of the tree's drip line, whichever is greater, such 174
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that no disturbance occurs within the critical root zone of any tree.
(3) On a through street rather than along a cul-de-sac, where feasible.
14.85.040 Requirements for Approval of Less Preferred Locations A. Applications that involve a less-preferred location identified in Section
14.85.030C shall be accompanied by clear and convincing written evidence demonstrating that a preferred location per Section 14.85.030 A or 14.85.030 B is infeasible, and that approval of the proposed location rather than a preferred location is therefore needed.
B. Applications that involve less-preferred locations may be approved only if the applicant demonstrates that:
1. It does not own any property or facilities within 500 feet from the proposed site that could provide service in lieu of the proposed facility;
2. No preferred location exists within 500 feet from the proposed site; or
3. Any preferred location within 500 feet from the proposed site would be technically infeasible.
C. The burden of proof for demonstrating compliance with these above noted conditions shall be on the applicant and must be satisfied with clear and convincing evidence.
D. In reviewing a request for a less-preferred location, the City may hire an independent consultant at the applicant’s expense to evaluate the applicant’s demonstration of need for the proposed less-preferred location.
14.85.050 Eligible Facilities Requested per Municipal Code Section 12.12.100 and Applications Pursuant to Government Code Section 65850.6 A. Eligible facilities requested per Municipal Code Section 12.12.100 and applications pursuant to California Government Code Section 65850.6 (see Municipal Code Section 11.12.110), are permitted within all Zoning Districts and within all public rights-of-way.
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SECTION 3. WIRELESS TELECOMMUNICATIONS FACILITIES; PERMIT
PROVISIONS
A. Title 11.12 of the Municipal Code for the City shall be repealed and/or amended to make the following changes to the existing text of Chapter 11.12:
1. Section 11.12.040.A is repealed and replaced as follows:
Section 11.12.040A. Permit Required. No wireless telecommunications facility shall be located or modified within the City on any property, including the public right-of-way, without the issuance of a permit as required by this Chapter. Such permit must comply with the locational standards set forth in Chapter 14.85 of the City’s Municipal Code regulating zoning.
In addition, such permit shall be subject to the conditions of Chapter 11.12, along with the City’s Design Guidelines calling forth various design and placement standards adopted by the City Council by resolution and shall be in addition to any other permit required pursuant to the Los Altos Municipal Code.
2. Section 11.12.050.A.9 is repealed and replaced as follows:
Section 11.12.050.A.9. Intentionally omitted
3. Section 11.12.050.B.1.c. is repealed and replaced as follows:
Section 11.12. 050.B.1.c. Analysis of an application that involves a less-preferred location as set forth in the locational standards of this Chapter, to determine if the applicant owns any property or facilities within 500 feet of the proposed site that could provide service in lieu of the proposed facility, and whether there is a preferred location within 500 feet and to determine whether any such preferred location is technically feasible.
4. Section 11.12.050.E.2 is repealed and replaced as follows:
Section 11.12.050.E.2 Submittal Appointment. All applications must be filed with the City at a pre-scheduled appointment. Applicants may generally submit one application per appointment but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. Any application received without an appointment, whether delivered in person or through any other means, will not be considered duly filed until a submittal appointment is obtained.
5. Section 11.12.060 is repealed and replaced as follows:
11.12.060. Conditions of approval for all facilities.
A. In addition to compliance with the requirements of this Chapter, upon approval all facilities shall be subject to each of the following conditions of approval, as well as any 176
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modification of these conditions or additional conditions of approval deemed necessary by the City:
1. Before the permittee submits any application for a building permit or other permits required by the Los Altos Municipal Code, the permittee must incorporate the wireless telecommunication facility permit granted under this Chapter, all conditions associated with the wireless telecommunications facility permit, and any photo simulations (collectively known as the "approved plans") into the project plans.
2. The permittee must construct, install, and operate the wireless telecommunications facility in strict compliance with the approved plans.
The permittee shall submit an as-built drawing within ninety (90) days after installation of the facility.
3. The wireless telecommunications facility shall meet all applicable City standards including but not limited to building, fire, electrical, mechanical, structural standards, and requirements to ensure safe installation and operation of the facility.
4. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features in a neat, clean, and safe condition in accordance with the approved permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism has occurred.
5. The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the City. The permittee shall notify the city of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:
a. Identity, including the name, address and twenty-four (24)-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.
b. The legal status of the owner of the wireless telecommunications facility, including official identification numbers and FCC certification.
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c. Name, address, and telephone number of the property owner if different than the permittee.
6. The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.
7. To minimize environmental effects of installation and operations, wireless telecommunications facilities shall comply with the following performance standards:
a. Where ground disturbance is required for installation of a wireless telecommunications facility, applicable best management practices (BMPs) shall be implemented to minimize loss or topsoil and site erosion and to reduce diesel particulate (PM10) and PM2.5 emissions.
b. In the event of an unanticipated discovery of historical, archaeological, or Tribal cultural resources during construction, ground-disturbing activities shall be halted until a City-approved qualified consulting archaeologist assesses the significance of the find according to CEQA Guidelines §15064.5. If any find is determined to be a potential Tribal cultural resource or a unique archaeological resource, the City, consulting archaeologist, and the applicable Tribal authority would determine the appropriate measures to be taken. Any Tribal cultural resources identified would be subject to Tribal mitigation requirements. Any archaeological resources recovered would be subject to scientific analysis, professional museum curation, and documentation according to current professional standards.
c. Installations of wireless telecommunications facilities shall meet the most current California Building Code standards required at the time of construction to reduce the potential for substantial adverse effects related to ground shaking.
d. In the event of an unanticipated discovery during project construction, ground-disturbing activities shall be halted until a qualified paleontologist meeting the Society of Vertebrate Paleontology (SVP) Standards determines their significance, and, if significant, supervises their collection for curation. Any fossils 178
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collected during site-specific development project-related excavations, and determined to be significant by the qualified paleontologist, shall be prepared to the point of identification and curated into an accredited repository with retrievable storage. e. Noise generated by equipment will not be detrimental to the public health, safety and welfare and shall not exceed the standards set forth in Chapter 6.16 of the Municipal Code.
(1) A written report that analyzes acoustic levels for the proposed wireless telecommunications facility and all
associated equipment including, without limitation, all environmental control units, sump pumps, temporary
backup power generators, and permanent backup power
generators in order to demonstrate compliance with Los
Altos Municipal Code, Chapter 6.16, Noise Regulations,
shall be submitted as part of applications for wireless telecommunications facilities.
(2) The acoustic analysis must be prepared and certified by an engineer and include an analysis of the manufacturers'
specifications for all noise-emitting equipment and a
depiction of the proposed equipment relative to all adjacent property lines.
(3) In lieu of a written report, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits.
f. Where temporary closure of a sidewalk or roadway travel lane would be necessary for installation of a wireless
telecommunications facility, preparation and implementation of a Traffic Control Plan approved by the City Engineer shall be required. Should installation of a wireless telecommunications facility occur adjacent to a transit stop and require temporary relocation of the stop, the applicant for such facility shall provide needed improvements for such a temporary transit stop.
8. At all times, all required notices and signs shall be posted on the site as required by the FCC and California Public Utilities Commission, and as approved by the City. The location and dimensions of a sign bearing the 179
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emergency contact name and telephone number shall be posted pursuant to the approved plans.
9. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration.
Permittee shall conduct on-site testing to ensure the facility is in compliance with all radio frequency emissions standards adopted by the FCC. Tests shall occur upon commencement of operations, and annually thereafter. Copies of the reports from such testing shall be submitted to the city within thirty (30) days of the completion of testing. The City may retain a consultant to perform testing to verify compliance with current regulatory and operational standards.
10. If the City Manager determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed FCC standards, the City Manager may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer, certifying that the facility is in compliance with such FCC standards.
11. Annual Certification. Each year on July 1, the permittee shall submit an affidavit that shall list all facilities it owns within the city by location and shall certify that (a) each such installation remains in use, (b) such in-use facility remains covered by insurance in the amount required by Municipal Code Section 11.12.070 A 11; and (3) each installation which is no longer in use. Any facility that is no longer in use shall be removed by permittee within sixty (60) days of delivery of the affidavit.
12. The permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and the Los Altos Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. The amount of the performance bond shall be set by the City Manager in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.
13. The permittee shall defend, indemnify, protect and hold harmless the City, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against 180
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any and all claims, actions, or proceeding against the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers to attack, set aside, void or annul, an approval of the City, Planning Commission or City Council concerning this permit and the project. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The City shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit the city from participating in a defense of any claim, action or proceeding.
The City shall have the option of coordinating the defense, including, but not limited to, choosing counsel for the defense at the permittee's expense.
14. All conditions of approval shall be binding as to the applicant and all successors in interest to permittee.
15. A condition setting forth the permit expiration date in accordance with Section 11.12.060 shall be included in the conditions of approval.
6. Section 11.12.065 is added as follows:
11.12.065. Additional Conditions of Approval for Modification of an Existing Permit or a New Permit for an Existing Facility.
A. In addition to compliance with the requirements of this Chapter, upon approval of a new or a modified approval for an existing wireless telecommunication facility, the following conditions of approval shall be added to those set forth in Section 11.12.060, along with any modification of such conditions or additional conditions of approval deemed necessary by the City:
1. The permittee shall bring the facility into compliance with the most current FCC, PUC, and City of Los Altos requirements and guidelines and, where feasible:
a. Place above-ground wireless telecommunications facilities below ground, including, but not limited to, accessory equipment that has been mounted to a telecommunications tower or mounted on the ground; and
b. Replace larger, more visually intrusive facilities with smaller, less visually intrusive facilities, after receiving all necessary permits and approvals required pursuant to the Los Altos Municipal Code.
7. Section 11.12.080 A. is repealed and replaced as follows:
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11.12.080. Findings.
A. Where a wireless telecommunication facility requires a telecom use permit as provided for in this Chapter, the City shall not approve any application unless, all of the following findings are made:
1. The proposed facility complies with the locational and siting standards set forth in Chapter 14.85 and with all applicable building, electrical and fire safety codes.
2. The proposed facility complies with all applicable provisions of Chapter
14.85 and with the Wireless Telecommunications Facilities Design Guidelines adopted by the City.
3. The proposed facility complies with all applicable building, electrical and fire safety codes.
4. The proposed facility has been designed and located to achieve compatibility with the community to the maximum extent reasonably feasible.
5. The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where colocation would not harm community compatibility.
8. Section 11.12.090 Exceptions is repealed in its entirety.
9. Section 11.12.160.B is repealed and replaced as follows:
Section 11.12.160B. After the expiration of the wireless telecommunications permit provided for in Section A, above, a permittee shall apply for a new permit and comply with all the requirements of the City Code then in effect.
10. Sections 11.12.160.C and D are repealed in their entirety.
11. Section 11.12.180.A is repealed and replaced as follows:
A. Permittee’s Removal Obligation. Upon the expiration date of the permit, or upon earlier termination or revocation of the permit, or abandonment of the facility after a period of ninety (90) days, the permittee, owner, or operator shall remove its wireless telecommunications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the City. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. The facility shall be removed from the property within 30 days, at no cost or expense to the City. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration. Should the City be 182
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required to remove the facility or restore a site within the public right-of-way, the owner/operator of the facility shall reimburse the City for its actual costs.
12. Section 11.02.080.C is repealed and replaced as follows:
Section 11.02.080.C. A copy of any decision on an application made under this section shall be provided to the applicant, and to any party who submitted comments to the City Manager pursuant to notice required by this Chapter. Decisions shall also be posted on the Los Altos website within twenty-four (24) hours of their issuance or as soon as reasonably practicable, in a manner clearly identifying the application to which the decision relates. In addition, the decision shall also be posted on the site of the proposed wireless telecommunications facility.
SECTION 4. DESIGN STANDARDS
The City Council hereby adopts new Design Guidelines in a separate resolution that repeals Resolution No. 2019-35 in its entirety to regulate the design standards for wireless telecommunication facilities. The effective date of the new Design Guidelines and repeal of Resolution No. 2019-35 originally adopted on August 5, 2019 shall coincide with the effective date of this Ordinance.
SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Initial Study prepared for the proposed Wireless Telecommunications Facilities Development Standards and Design Guidelines indicates, for each environmental issue it analyzed, that environmental impacts would be less than significant or that no impact would occur. There is no substantial evidence, in light of the whole record before the lead agency (the City of Los Altos), that the project may have a significant effect on the environment.
SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional or otherwise invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Los Altos City Council hereby declares that it would have adopted the remainder of this Ordinance, including each section, subsection, sentence, clause, phrase or portion irrespective of the invalidity of any other article, section, subsection, sentence, clause, phrase, or portion.
SECTION 7. PUBLICATION.
This Ordinance shall be published as provided in Government Code section 36933. 183
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SECTION 8. EFFECTIVE DATE.
This ordinance shall be effective upon the commencement of the thirty-first day following the adoption date.
The foregoing ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on June 14, 2022 and was thereafter, at a regular meeting held on June 28, 2022 passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
__________________________
Angel Rodriguez, CITY CLERK
5111246.1
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RESOLUTION NO. 2022-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LOS ALTOS ADOPTING DESIGN GUIDELINES AND
STANDARDS FOR WIRELESS FACILITIES
THE CITY COUNCIL OF THE CITY OF LOS ALTOS DOES RESOLVE AS FOLLOWS:
SECTION 1. FINDINGS
A. Pursuant to the California Constitution, Article XI, section 7; California Government Code § 37100 and other applicable law, the City Council may make and enforce within its limits all local, police, sanitary and other ordinances, resolutions and other regulations not in conflict with general laws.
B. It is in the public interest for the City of Los Altos to establish reasonable, uniform and comprehensive design and siting guidelines for the installation of wireless facilities. The City having previously established design guidelines pursuant to Resolution No. 2019-35 adopted on August 5, 2019 (hereinafter “the Existing Design Guidelines”), now wishes to rescind the Existing Design Guidelines and replace them with new design guidelines set forth below in the Appendix as discussed below in Section 2 (“New Design Guidelines”), in order to protect the City of Los Altos and its aesthetics and preserve the public health and safety of the community.
C. These New Design Guidelines are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from wireless services with the City's local rules which address, without limitation, the aesthetic character of the City, its neighborhoods and community.
D. Los Altos’ public rights-of-way are a uniquely valuable public resource, closely linked with the City’s rural character and natural beauty. Los Altos has a population of approximately 30,000 and is suburban community within Silicon Valley. The City has a small town, semi-rural atmosphere, wooded and quiet with low-density, single-family homes. The regulation of wireless communication facilities both within the public right-of-way and other locations within the City, is necessary to protect and preserve the aesthetics of the community. The City’s General Plan also provides for the undergrounding of new telephone and utility lines, “maintaining the low density, low profile residential character of the community through zoning regulations and design guidelines,” and “ensuring compatibility between residential and non-residential development through zoning regulations and design review.” The City’s concerns for preserving the residential character of the community extend to public safety, visual quality, and aesthetics, and relate to imposing these New Design Guidelines that relate to orientation, camouflaging, height, size and spacing of wireless telecommunications facilities. As well, the New Design Guidelines also provide separation between wireless telecommunications facilities and the front of homes along permitted rights-of-way within residential zones, which serves to reduce the intrusiveness of any new wireless telecommunications facilities.
E. Wireless telecommunication facilities provide vital communications services to Los Altos residents, businesses, and visitors. While they are a key element of ensuring essential communication, public safety, and economic vitality, wireless telecommunication facilities can Attachment 3
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also cause adverse visual and environmental effects within the community. The City is therefore mindful of the need to minimize the potential adverse impacts on the community, impacts on the City’s aesthetic well-being, while balancing these concerns against the need for sufficient cell coverage for emergency needs and compliance with both federal and state laws. These New Design Guidelines are particularly focused on minimizing visibility from residences, encouraging undergrounding of utilities, and limiting the height of such facilities to be consistent with the single-family residences that predominate the housing stock of Los Altos. In keeping with these goals, these New Design Guidelines serve to ensure the preservation of the local residential areas.
F. These New Design Guidelines serve to help minimize and/or alleviate possible threats to the public health, safety and welfare of the City of Los Altos, including but not limited to, potential disturbance to the right-of-way through the installation and maintenance of wireless telecommunication facilities; traffic and pedestrian safety hazards due to the unsafe location of wireless facilities; impacts to trees where proximity conflicts may require unnecessary trimming of branches or require removal of roots due to related undergrounding of equipment or connection lines; land use conflicts and incompatibilities including excessive height of poles and/or towers; creation of visual and aesthetic blights and potential safety concerns arising from excessive size, heights, noise or lack of camouflaging of wireless telecommunications facilities including the associated pedestals, meters, equipment and power generators; and the creation of unnecessary visual and aesthetic blight by failing to utilize alternative technologies or capitalizing on colocation opportunities. Each of these possible threats have the potential to yield serious negative impacts on the unique quality and character of Los Altos.
G. The reasonably regulated and orderly development of wireless telecommunication facilities in the public-right-of-way is desirable, and unregulated or disorderly development represents a threat to the health, welfare, and safety of the Los Altos community.
H. The City’s beauty is an important reason for businesses to locate in Los Altos and for residents to live here. The City’s economy, as well as the health and well-being of all who visit, work, or live in Los Altos, depends in part on maintaining the City’s beauty. The City has been moving towards the undergrounding of various utilities, including the First Street and Lincoln Park Undergrounding Utility projects, and needs to ensure that this effort is not hindered by the addition of numerous wireless telecommunications facilities, including cabinets, wires, cables, and bulky equipment that visually impede and clutter the City’s public rights of way. Municipal Code Chapter 12.68 provides specific standards for new and relocated utility services to be placed underground. The New Design Guidelines serve to encourage the reduction of all appurtenant equipment, screening of same, and efforts at undergrounding.
I. The City Council takes legislative notice of the various federal court decisions and Federal Communications Commission (FCC) Order that have recognized the City’s ability to impose the New Design Guidelines to protect the aesthetics of Los Altos. In fact, the FCC Order goes on to state that local aesthetic requirements that are reasonable in that they are technically feasible and reasonably directed to avoiding or remedying the intangible public harm of unsightly or out-of-character deployments are permissible. In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Inv., 33 F.C.C. Rcd. 9088 (2018), aff’d in part, rev’d in part, City of Portland v United States, 969 F.3d 1020, 1032 (9th Cir. 2020) and see also Sprint PCS v. City of Palos Verdes Estates (2009) 583 F.3d 716. 186
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J. The City acknowledges that there has been an ever-increasing demand for the placement of wireless telecommunication facilities within public rights-of-way, in order to offer increased coverage for numerous expanding technologies such as: cell phones, video streaming, and on line access to work from home during the COVID -19 pandemic. In connection with the everincreasing demand for expanding technologies, the City is also mindful of the carriers’ desire to move forward with 5G, and the potential increase in applications for wireless facilities within this small suburban community has the potential to greatly affect the quality of life and the bucolic nature of the community.
K. The overarching intent of the New Design Guidelines is to make wireless telecommunications reasonably available while preserving the essential rural character of Los Altos. The New Design Guidelines will foster such by minimizing the visual and physical effects of wireless telecommunications facilities through appropriate design, screening techniques and location standards, and by encouraging the installation of such facilities where and in a manner such that potential adverse impacts on Los Altos are minimized.
L. The City adopted its Current Design Guidelines in August of 2019. This occurred after the City held a study session and several public hearings, at which stakeholders discussed wireless and other infrastructure deployment issues, and expressed their design and location preferences, practical and safety concerns, aesthetic concerns, policy views and the essential local values that make Los Altos a uniquely small suburban community. In the summer of 2019, the City’s residents noted numerous concerns with the aesthetics of wireless telecommunications facilities, including numerous objections focused on visual blight such as the following:
Small cell nodes previously proposed by carriers, AT&T and Verizon, to the City of Los Altos were visually intrusive and unsightly;
The City should continue to be judicious about wireless facilities and eliminate visual blight;
The need to consider and eliminate visual blight, to mitigate noise and heat; Wireless facilities should be regulated in order to preserve Los Altos’ neighborhood aesthetic guidelines;
Cell towers or small cells are unsightly, noisy and add to the visual blight from existing electric and telephone lines;
Cell towers are ugly and there is no need for extra eye sores; The mounting of "small" refrigerator-sized boxes on the side of an existing utility poles is unsightly and adds to visual blight; and
The cell tower is an eye sore that emits an annoying fan type noise that has a negative impact on the quality of life of the residents who live there or who walk within the community.
These same concerns regarding visual blight, aesthetic impairment and noise remain at play today.
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SECTION 2. DESIGN GUIDELINES: REPEAL OF PRIOR RESOLUTION The City Council previously adopted Resolution No. 2019-35 on August 5, 2019. The Council hereby repeals Resolution No. 2019-35 in its entirety as of the effective date of Ordinance No. 2022-___ setting forth locational standards for wireless telecommunications facilities (“Wireless Locational Ordinance”). This Resolution and the Design Guidelines found in the attached Appendix shall only become effective if the Council adopts the proposed Wireless Ordinance.
SECTION 3. NEW DESIGN GUIDELINES
The City Council hereby adopts the New Design Guidelines set forth the Appendix, which New Design Guidelines are incorporated with this Resolution SECTION 4. DEFINITIONS
The definitions set forth in Section 11.12.020 of the Municipal Code are incorporated by reference into this Resolution. In addition, the Appendix provides definitions for “Small Cell Facility” and “Underground Areas.”
SECTION 5. SEVERABILITY
If any provision of this resolution or its application to any person or circumstances is held invalid, such invalidity has no effect on the other provisions or applications of the resolution that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution irrespective of the invalidity of any portion thereof.
SECTION 6. EFFECTIVE DATE
The City Clerk shall certify the adoption of this resolution and cause it, or a summary of it to be published as required by law. This Resolution shall become effective as of the effective date of Ordinance No. 2022-__, setting forth Locational Standards for Wireless Telecommunications Facilities.
APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Los Altos this ___ day of ______________, 2022.
________________________
Anita Enander
Mayor, City of Los Altos
________________________
Attest: Angel Rodriguez
City Clerk, City of Los Altos
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APPENDIX TO CITY OF LOS ALTOS RESOLUTION 2022-___
DESIGN AND DEVELOPMENT STANDARDS FOR WIRELESS
TELECOMMUNICATIONS FACILITIES
I. Definitions
A. Small Cell Facility: shall have the same meaning as “small wireless facility” in 47 C.F.R. 1.60020), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
1. The facility:
a. is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or
b. is mounted on a structure no more than 10 percent taller than other adjacent structures, or
c. does not extend an existing structure on which it is located to a height of more than 50 feet by more than 10 percent, whichever is greater;
2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three 3 cubic feet in volume;
3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;
4. The facility does not require antenna structure registration under 47 C.F.R. Part 17;
5. The facility is not located on Tribal lands, as defined under 36 C.F. R. Section 800.16(x); and
6. The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(6).
B. Underground Areas: includes those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right of way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.
II. Design and Development Standards for all Wireless Telecommunications Facilities A. Purpose. The purpose of this section is to provide guidelines to applicants and the City that prescribe clear, reasonable, and predictable design criteria to reduce visual and land use impacts associated with wireless telecommunication facilities in the City. Nothing in this 189
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section shall be construed to permit a wireless telecommunication facility in any location or configuration that it is otherwise prohibited by the City’s locational and development standards found in Chapter 14.85.
The design and development standards set forth in this section apply to all wireless telecommunications facilities no matter where they are located. Wireless telecommunications facilities shall be designed and maintained so as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the design and development standards in this section.
B. Basic Design Principles. The following describes basic principles upon which wireless telecommunications facilities design guidelines are based. These principles are intended to provide guidance in the application of the general and detailed design guidelines and in the review and evaluation of site-specific wireless telecommunications facilities permit applications.
1. Impact Minimization. The overall impacts of a wireless telecommunications facility shall be minimized in relation to aesthetic, land use, noise, traffic, and other considerations. Although this is generally accomplished with the smallest feasible design for any given facility, a larger facility may sometimes be appropriate if it is well concealed, compatible with the surrounding neighborhood, and can reduce the overall number of wireless telecommunications facilities required to provide service within the City (e.g., through colocation).
2. Integration and Concealment.
Integration and concealment of a
wireless telecommunications
facility and its resulting visibility
are a function of site context as well
as the design and placement of a
facility on a specific site.
a. Overall, new wireless
telecommunications facilities
and modifications to existing
facilities shall be visually
integrated into their sites and as
hidden from view as feasible.
b. Non-integrated (unconcealed)
installations are less preferred
and permitted only where an
integrated (concealed) facility would be infeasible or would reduce the number and overall visual intrusiveness of wireless telecommunications facilities required to provide service within the City.
c. Complete concealment (e.g., no visible exterior equipment) is preferred over other methods.
Figure 1: This well-concealed wireless telecommunications facility has its antennas architecturally integrated into the building. 190
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d. Covering or painting antennas and equipment does not necessarily mean they are well-concealed. The appropriateness of covering or painting must be evaluated based on the extent to which proposed painting and concealment methods (e.g., antenna skirts, fiberglass paneling, fiber-reinforced plastic [FRP] boxes, etc.) would actually conceal the facility.
e. Radio frequency (RF) safety barriers shall be the least visible barrier feasible. When feasible, striping and restricted access shall be used instead of posts, chains, and/or fencing. When barriers must be visible, building materials should be integrated into the design of the facility and its adjacent surroundings. f. Any feature that is represented on plans and photo simulations submitted to the City as providing concealment (adjacent landscaping, paint colors, architectural elements, etc.) shall be present for the life of the project, and therefore need to be within the applicant’s control.
g. Future modifications to a site or facility that would reduce the level of concealment that was provided with the initial installation shall not be permitted unless:
(1) No feasible alternative exists; or
(2) The proposed modification involves colocation that would result in an overall reduction of the visual intrusiveness of wireless telecommunications facilities within the City than would occur if the facilities were not colocated.
3. Context. Specific situations require specific design solutions. What integrates well into one site and conceals a wireless telecommunications facility might not be appropriate for another situation. Proposed designs shall therefore be evaluated based on the following considerations.
a. Concealment behind a parapet might be a good design solution; however, designs that raise the parapet or only a portion of the parapet might not be. b. Façade-mounted antennas or a cupola might be appropriate for certain styles of architecture, but not for others.
c. Placement of a wireless telecommunications facility on an existing pole or a replacement pole might or might not be visually unobtrusive, depending on the extent to which the facility adds to the height of the pole and the presence and extent of external equipment and cabling added to the pole.
d. Placement of a new pole within a street right-of-way might or might not be appropriate depending on the location of any nearby utility poles, streetlights, or traffic signals.
e. Placement of a new pole on a property outside of a right-of-way (such as on a new flagpole) might or might not be appropriate depending on the new pole’s design and location in relation to buildings and other onsite features. f. A wireless telecommunications facility that fits into its context (e.g., a faux tree within an area having existing trees) is generally more integrated (concealed) than one that does not (e.g., a faux tree in the middle of a non-landscaped parking lot or a faux tree that is poorly designed or of a species not otherwise present in the area). 191
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g. New wireless telecommunications facilities are generally appropriate as a means of reducing the overall number of facilities within the community but might be visually intrusive depending on their height, design, and placement.
C. No Speculative Facilities. A wireless telecommunications facility, telecommunications colocation facility, or telecommunications tower that is built on speculation and for which there is no wireless tenant shall be prohibited within the City.
D. General Guidelines.
1. Concealment. Each facility shall be designed to be as visually inconspicuous as feasible, to prevent the facility from dominating the surrounding area, and to conceal the facility from predominant views from surrounding properties, all in a manner that achieves compatibility with the community.
a. Cabling and equipment should be concealed wherever feasible. Where cabling and/or equipment cannot feasibly be fully concealed from public view, they should be designed, located, and positioned so as to minimize their visual intrusiveness.
2. Traffic Safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.
a. Any wireless telecommunications facility attachments placed less than 16 feet above ground level shall not be placed closer than 18 inches to a curb where one is installed or as determined by the Engineering Services Department where no curb is installed, nor shall they extend over a sidewalk (Caltrans Highway Design Manual Section 309).
b. All wireless telecommunications facility equipment shall maintain at least 3 feet separation from any curb cut.
3. Antennas. The applicant shall use the least visible antennas feasible to accomplish the coverage objectives. Antenna elements shall be flush mounted, to the extent reasonably feasible. All antenna mounts shall be designed so as not to preclude probable future colocation by the same or other operators or carriers. Antennas shall be situated to reduce visual impact without compromising their function. Whip antennas need not be screened.
4. Landscaping.
a. Where feasible, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage, and shrubs, whether or not the landscaping is used for screening the wireless facility. b. The wireless telecommunications facility’s design shall be consistent with the existing and/or proposed landscape design of the adjacent site, using a similar or complementary plant palette.
c. Existing mature trees shall be retained when feasible. Any existing landscaping removed or damaged by installation shall be replaced in kind with the largest commercially available tree size (e.g., 24-, 36, or 48-inch box). 192
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d. Landscaping proposed to screen the wireless facility shall be planted, irrigated, and maintained where such vegetation is deemed necessary by the City to provide screening or to block the line of sight between facilities and adjacent uses.
Landscaping to screen wireless telecommunications facilities shall not, however, block the lines of sight so as to create hazards for motorists, bicyclists, and pedestrians.
e. Any proposed underground vaults, cabling, or other work shall be designed and constructed so as to protect existing street trees, including roots within the tree’s drip line.
(1) A report from an experienced arborist shall be provided to the City upon request confirming that trees’ root systems have been adequately protected. f. Landscaping proposed to screen, conceal, complement, or soften the visual intrusiveness of a wireless telecommunications facility shall remain for the life of the permit, even if the landscaping is not located within the applicant’s lease area.
Adequate provisions shall be entered into with property owners to ensure that required landscaping is not removed and that it is properly maintained. Landscaping outside the applicant’s control is generally not considered to provide concealment; however, concealment provided by such landscaping can be considered on a caseby-case basis.
5. Signage. Wireless telecommunications facilities and wireless telecommunications colocation facilities shall not bear any signs or advertising devices other than certification, watting, or other signage required by law or permitted by the City.
6. Lighting. A wireless telecommunications facility shall not be illuminated unless lighting is specifically required by the Federal Aviation Administration or other government agency, or the lighting is in association with the illumination of an athletic field on City or school property. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacon lights shall be included when calculating the height of facilities such as telecommunications towers, lattice towers, and monopoles.
7. Noise.
a. Each wireless telecommunications facility and wireless telecommunications colocation facility shall be operated in such a manner so as to minimize any disruption caused by noise.
b. At no time shall any facility be permitted to generate noise exceeding the noise levels specified in Municipal Code Chapter 6.16 except for backup generators operated during periods of power outages.
c. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends, on holidays, or on weekdays between the hours of 5:00 p.m. and 7:00 a.m.
d. Where feasible, passive louvers and/or other passive ventilation shall be provided as the primary means of temperature control.
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8. Security. Each wireless telecommunications facility and wireless telecommunications colocation facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous situations, visual blight, or attractive nuisances. The City may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of its location or accessibility, a facility has the potential to become an attractive nuisance. The applicant shall cover any costs associated with the techniques described herein.
9. Modification of Existing Equipment. At the time of modification of a wireless telecommunications facility or approval of a new permit for an existing facility, existing equipment shall, to the extent feasible, be modified or replaced to reduce visual, noise, and other impacts. This shall include the reduction of the size of the ground cabinet and/or replacement with an underground vault. Examples include, but are not limited to, undergrounding the equipment or replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.
III. Additional Design and Development Standards for Facilities Outside of Public Rights-of-Way and Public Utility Easements
A. Basic Requirements. Facilities located outside public rights-of-way and public utility easements are subject to the design and development standards set forth in this section in addition to the design and development standards that apply to all facilities (Section II 4).
B. Preferred Designs.
1. Façade-Concealed Antennas.
Façade-concealed antennas have
antennas, mounting apparatus, and
any associated components fully
concealed from all sides within a
structure that achieves complete
architectural integration with the
existing building (for example,
antennas behind fiber-reinforced
plastic [FRP] in a parapet, and
equipment inside an existing
building), or within outbuildings
that are architecturally integrated
into a site and are expected
components of the setting. This
preferred installation type has the
following additional characteristics.
a. Cables and cable trays are
completely hidden from view
with cables routed internally or
buried underground.
Figure 3: This completely concealed wireless telecommunications facility, including antennas, is cited in the City of San Diego's Land Development Manual in its guidelines for wireless
communications facilities.
Figure 2: Antennas are concealed behind the circular element. 194
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(1) Exterior cable trays designed to replicate an existing vertical element may be considered on a case-by-case basis.
(2) Standard cable trays painted and textured to match the existing building are indicative of a façade-mounted facility rather than the preferred façadeconcealed facility. b. Equipment and equipment areas shall be completely hidden. (1) Associated equipment shall be completely concealed inside an existing building, inside an underground vault, or by the same method as the antennas (remote radio units [RRUs], remote radio heads [RRHs], surge suppressors, and similar). (2) Screen walls, fences, and prefabricated facilities are generally not indicative of building-concealed facilities; however, equipment enclosures designed to replicate existing buildings and structures may be considered on a case-by-case basis. This guideline shall apply to any existing or proposed mechanical equipment that serves the wireless telecommunications facility, including, but not limited to, generators, air conditioning units, and similar equipment. c. FRPs shall be both textured and painted to match adjacent building faces. Paint and texture should match completely.
d. There should be no noticeable transitions (e.g., seams or differences in paint or texture) between FRP and adjacent surfaces.
e. If concealed within a parapet, the top, sides, and rear of antennas and associated components shall also be enclosed or otherwise screened from view. No wireless telecommunications facility components, including antenna, mounting apparatus, cabling, or equipment, should be visible.
f. If a project extends the parapet upward, the extensions should have symmetry in all visible dimensions. Antennas and concealment elements shall not dominate the element on which they are placed.
2. Faux Architectural Elements. Faux architectural elements are existing or proposed architectural elements on a building that completely conceal antennas. They are distinguished from façade-concealed antennas in that they appear to be architectural elements of a building.
a. This preferred installation type may take a variety of forms, such as tower elements and cupolas. Architectural integration may also include tapered columns (which may hide façade-mounted antennas individually), wing walls, dormers, statues, façademounted signage, and other elements. b. This preferred installation type shall be appropriate to the architectural context and have the following additional characteristics:
(1) Design that matches the style of the building and is designed as a feature commonly found on the type or style of building upon which the element is proposed; and
(2) Colors and textures that match the existing building, including finishing features such as reveals, windows, tapers, cornices, tiling, roofing materials, and trim. 195
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c. Antennas and related equipment
shall not encroach from a
building into the public right-of
way or onto an adjacent
property.
3. Rooftop Concealment. If accessory
equipment for roof-mounted
facilities cannot be installed inside
the building or underground, such
accessory equipment may be located
on the roof of the building on which
the facility is mounted, provided
that both the equipment and
screening materials are painted the
color of the building, roof, or
surroundings. Rooftop facilities that
appear to be a building façade,
architectural element, or parapet are
considered to be façade-concealed,
façade-mounted, or faux
architectural facilities. Rooftop
concealment is considered to be a
preferred design where façade
integration is not feasible.
a. Roof-mounted facilities shall be
designed and constructed to be fully concealed or screened in a manner compatible in color, texture, and type of material with the existing architecture of the building on which the facility is mounted. Screening shall not increase the bulk of the structure nor alter the character of the structure.
(1) All screening materials for roof-mounted facilities shall be of a quality and design that is architecturally integrated with the design of the building or structure.
(2) Rooftop concealment shall be appropriate to the architectural setting, matching the colors and textures of the existing building (including features such as reveals, cornices, tiling, roofing materials, and trim), and shall be designed as a feature commonly found on the type or style of building upon which the facility is proposed.
(3) Integration into existing rooftop elements is preferred over creating new rooftop elements unless integration would be architecturally undesirable. (4) The height of rooftop screening shall not exceed the maximum height permitted by the zoning district within which the facility is located. (5) Roof-mounted wireless telecommunications facilities shall not be visible from any side and may need to be concealed from the top if adjacent structures are Figure 4: A cupola (above) and a clock tower (below) conceal antennas.
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taller and have views onto the roof where wireless telecommunications facilities are proposed to be mounted.
(6) Equipment located on the roof of an existing structure shall be set back or located to minimize visibility, especially from the public right-of-way or viewing locations accessible to the public. Rooftop screening elements shall generally be set back from the roof edge at least as far as they are tall. (7) Rooftop screening shall not dominate a façade. For example, an antenna screen that approaches the height of a building story and runs most of the length of a façade containing windows would substantially increase building height but not appear as part of the structure. In this case, it would be more desirable to extend the parapet and make the building itself appear taller. b. Unconcealed rooftop installations such as lattice towers, monopoles, and rack mounts that are visible from the public right-of-way or viewing locations accessible to the public shall not be permitted.
4. Architecturally Designed Stand-Alone Towers. Towers that are designed to appear as buildings or signs, and that conceal antennas completely within them, may be permitted where appropriate to the site on which they are proposed. Examples include, but are not limited to, clock towers and obelisks.
a. Architecturally designed stand-alone towers shall be of high-quality design and provide variation in planes, textures, colors, or treatments to avoid the look of a simple box.
b. Clock towers shall have a functioning clock at all times. c. A separate sign permit may be required for any onsite sign used to conceal antennas. d. A wireless telecommunications facility permit may not be used to request signage that does not comply with Municipal Code standards for signage.
5. Athletic Field Lights. The guidelines in this section are for lights used to illuminate large areas for the purposes of recreation. For lights used to illuminate the immediate area for pedestrian or driver safety, see Section C.4, Parking Lot Light Standards, below. a. Antennas shall be mounted as close as possible to the pole and within an antenna shroud that conceals the antennas and any associated components. No wireless telecommunications facility component except the antenna shroud shall be visibly mounted to a pole.
b. Antennas and mounting components shall be painted the same color as the pole. c. All cables and conduit to and from the light standard shall be routed from the caisson up into the pole. Cable coverings may be permitted in limited circumstances where they would be minimally visible.
d. When a wireless telecommunications facility is proposed on a field with no existing lighting or no functional lighting, the applicant shall provide additional lighting as required to provide a functionally illuminated sports field. Partial lighting of a sports field is not acceptable.
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C. Other Permitted Designs.
1. Façade-Mounted Antennas.
Façade-mounted antennas are any
antennas mounted on the exterior of
a building that are not faux
architectural elements. Façademounted antennas shall:
a. Employ a symmetrical,
balanced design.
(1) No interruption of
architectural lines or
horizontal or vertical
reveals should occur.
(2) Antennas should be no
longer or wider than the façade on which they are proposed and shall not encroach into window areas or protrude above or below the surface on which they are mounted.
(3) Antennas should be mounted with their tops at the roofline unless there is an obstacle, or unless to do so would decrease concealment. b. Use the smallest mounting brackets available to provide the smallest offset from the building.
c. Limit the distance from the front of the antenna (or antenna shroud/FRP) to the face of the building to 12 inches. Panel antennas may be mounted up to 18 inches away from a building façade when the applicant provides evidence demonstrating that the wireless communication facility cannot operate without incorporating a tilt greater than 12 inches.
d. Fit each antenna into the design of an existing façade, with each antenna being no longer or wider than the portion of the façade upon which it is mounted. The antennas should not interrupt the architectural lines of the façade. e. Conceal associated mounting brackets and cable from view. Any pipes or similar apparatus used to attach panel antennas to a building façade shall not extend beyond the length or width of the panel antenna. Measurements may be verified during inspection.
f. If a façade-mounted facility dominates a façade element, use façade-mounted FRP boxes that look like an extension of the façade.
g. If not covered by an FRP box, use skirts and chin covers to conceal mounting hardware, create a cleaner appearance, and minimize visual impact. Chin covers shall be designed to replicate the antenna profile. Transitions between antennas and screening devices should not be visible (no gaps). Antennas should appear to be the same length, width, and depth, spaced uniformly.
Figure 5: Although façade-mounted boxes are not preferred, this example from San Diego achieves integration with the structure. 198
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h. Match the color and texture of concealment measures to adjacent building surfaces, including includes trim, reveals, lines, and similar features. No visible transition lines or gaps should occur.
i. Avoid exposed cabling.
j. If not covered by an FRP box, provide a unified appearance. If antennas differ in shape or size, they should all be given unified dimensions using skirts and chin straps spaced uniformly across a façade.
k. Locate ventilation openings on the top or bottom of screening elements only. l. Not encroach from a building into the public right-of way or onto an adjacent property.
2. Faux Trees. Wireless
telecommunications facilities may be
designed to emulate trees where trees
similar in size and species are present.
Faux trees may also be appropriate when
natural trees of similar species are planted
concurrent with faux tree installation,
depending on the density and size of trees
being planted.
a. Faux trees shall be of a type and size
to adequately conceal antennas within
them while appearing natural.
(1) Faux trees shall replicate the
shape, structure, and color of live
trees, and be designed to look
like the tree species they intend
to replicate (e.g., a faux pine tree
shall be shaped like a pine tree).
Branching shall not make the tree
look top-heavy or unnatural.
(2) If no trees exist within the
immediate area, the applicant
shall create a landscape setting
that integrates the faux tree with added species of a similar height and type. (3) All branches at the antenna level shall extend a minimum of 24 inches beyond the entire vertical length of the antennas for maximum concealment. Antenna socks shall not count toward this requirement.
(4) Faux trees shall be designed with a minimum of four branches per foot for full density coverage with limited spacing between the branches unless three dimensional (3D) models justify lower branch counts.
Figure 6: In this example, antennas are concealed
by the faux "mono-pine."
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(5) There shall be no gaps in branch coverage. All branch ports shall be used for branches. Branches shall blend down the tree with no abrupt transitions. (6) Poles should be five feet shorter than the overall height of the faux tree to allow branching at the top of the tree.
(7) Due to the physical form of palm trees and the difficulty of providing concealment for wireless telecommunications facilities, faux palms shall not be permitted.
b. Applications proposing faux tree installations shall provide detailed specifications during plan review, including:
(1) 3D-modeled photo simulations illustrating branches, foliage, pole, and equipment; and
(2) Sufficient samples, models, or other means to demonstrate the quality, appearance, and durability of the faux tree.
c. Projects shall not be approved at final inspection if they do not match the approved exhibits, including photo simulations.
3. Flagpoles and Similar Vertical Elements. This section addresses the design of wireless telecommunications facilities designed as flagpoles or other stand-alone pole-like elements that are not used for illumination or above-ground utilities. a. Flagpoles shall replicate the design, diameter, and proportion of the vertical element they are intended to imitate and shall maintain a tapered design. b. Generally, flagpoles should be 30 feet or less in height and not exceed 9 inches in diameter.
(1) Flagpoles that are higher than 30 feet and/or exceed 9 inches in diameter may be permitted where the flagpole is located in a suitable setting and appropriately tapered to maintain the appearance of an authentic flagpole. c. Antennas and any pole-mounted equipment shall be enclosed within the flagpole.
Flagpoles shall not have an antenna shroud.
d. Flagpoles shall comply with the U.S. Flag Code at all times. e. All cables shall be routed directly from the ground up through the pole.
4. Parking Lot Light Standards. These guidelines are for lights used to illuminate the immediate area for vehicular and pedestrian safety within a parking lot. a. Light standards used for wireless telecommunications facilities shall:
(1) Replicate the design, diameter, and proportion of the vertical element they are intending to imitate; and
(2) Replicate as closely as possible the design of any other lighting standard within the parking lot, including but not limited to the height of other parking lot lighting standards and the design, material, and color of nearby light poles. 200
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b. All cables and conduit to and from the light standard shall be routed from the caisson through the pole to the antennas.
c. All antennas shall be concealed inside an antenna shroud that is compatible with the diameter of the pole or concealed within the pole.
d. Light fixtures shall be sized and balanced with the design and height of the overall light pole.
D. Pole-Mounted Telecommunications Facilities.
1. Facilities mounted to a telecommunications tower, including, but not limited to, the attached antennas, shall be designed to be the minimum functional height and width required to adequately support the proposed facility and meet Federal Communications Commission (FCC) requirements. The applicant shall provide documentation satisfactory to the City Manager establishing compliance with this paragraph.
2. Monopole installations shall be situated so as to utilize existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.
3. All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture that matches the predominant visual background or existing architectural elements so as to blend in with the surrounding development.
Subdued colors and non-reflective materials that blend with surrounding materials and colors shall be used.
4. Monopoles shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility.
E. Accessory Equipment.
1. All accessory equipment associated with the operation of any wireless telecommunications facility shall be fully screened or camouflaged and located in a manner to minimize its visibility to the greatest extent feasible.
2. Accessory equipment for facilities mounted to a telecommunications tower shall be visually screened by locating the equipment either within a nearby building, in an underground vault (with the exception of required electrical panels) or in another type of enclosed structure that shall comply with the development and design standards of the zoning district in which the accessory equipment is located. Such enclosed structure shall be architecturally treated and adequately screened from view by landscape plantings, decorative walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings.
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F. Signage.
1. All wireless facilities shall include signage that accurately identifies the equipment owner/operator, the site name or identification number, and a toll-free number for the owner/operator's network operations center.
2. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under existing and future FCC or other United States governmental agencies for compliance with RF emissions regulations.
3. RF notification signs shall be placed where appropriate, and not at pedestrian eye level, unless required by the FCC or other regulatory agencies.
IV. Additional Design and Development Standards for Facilities in Public Rights-ofWay and Public Utility Easements A. Basic Requirements. Facilities located in the public right-of-way and in public utility easements are subject to the design and development standards set forth in this section in addition to the design and development standards that apply to all facilities. Only pole-mounted antennas shall be permitted in the right-of-way. All other telecommunications towers are prohibited.
B. Preferred Configurations.
1. Light Poles Wherein all Equipment, Cabling, and Antennas are Within the Pole Itself and/or Entirely Under the Ground.
a. Use of light poles for wireless telecommunications facilities may be permitted where there are existing light poles or in areas where a new light pole would be appropriate (e.g., intersections).
b. The height of any antenna mounted to a street light pole shall not exceed seven feet above the existing height of a street light pole in a location where the closest adjacent district is a commercial zoning district and shall not exceed three feet above the existing height of a street light pole in any other zoning district. Any portion of the antenna or equipment mounted on such a pole shall be no less than 18 feet above any drivable road surface (including driveways, areas between roadway curb lines where curbs are provided, and as determined by the Engineering Services Department along roadways with shoulders).
c. Antennas shall be fully shrouded unless full shrouding would impede signal propagation. Antenna shrouds shall be the same diameter as the pole, unless multiple antennas (no more than three) are provided, in which case the maximum total diameter of antennas and shrouds shall be no greater than 29 inches. d. Associated equipment at the bottom of a pole (the “base”) shall be concealed in a pole base that is:
(1) Up to 20 inches square and four feet tall; or
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(2) Within a side-mounted shroud up to 16 inches wide, 12 inches deep and 5.5 feet tall.
e. To prevent accumulation of trash, facilities shall be designed to avoid flat surfaces in the transition from the base to the upper pole.
f. Poles shall be painted and textured to City standards to match existing streetlights in the vicinity.
C. Less Preferred Configurations.
1. Existing or Replacement Utility Poles.
a. All installations on utility poles shall
fully comply with the California
Public Utilities Commission (CPUC)
general orders (GOs), including, but
not limited to, GO 95.1.
b. The maximum height of any antenna
mounted to an existing utility pole
shall not exceed 24 inches, unless
required by General Order 95, in
which case the maximum height shall
not exceed 48 inches above the height
of an existing utility pole, exclusive
of mounting hardware. No portion of
the antenna or equipment mounted on
a pole shall be less than:
(1) 18 feet above any drivable road
surface; or
(2) 7 feet above any portion of the
right-of-way outside of the
drivable road surface (e.g., parkways, medians).
c. Unless otherwise required by General Order 95:
(1) All antennas shall be shrouded. Antenna shrouds should have an outer diameter of 15 inches or less and measure no more than five cubic feet in size. (2) The shroud should be no more than 4 feet tall, including antenna, radio head, mounting bracket, and all other hardware necessary for a complete installation.
Figure 7: Landscaping conceals wireless
telecommunications equipment mounted on the
exterior of this pole located on Distel Drive.
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2. Stand-Alone Poles along Rights-ofWay with No Existing Overhead Utility Lines.
a. Where a stand-alone pole is proposed
within a right-of-way or public utility
easement with no overhead utility
lines, the preferred configuration is
for all equipment to be concealed
within the pole itself, with an
antenna/shroud mounted directly to
the top of the pole and no visible
transitions. No equipment shall be
visible outside the pole. Equipment
may, however, be placed in an
underground vault.
b. Antennas and shrouds shall be no
wider than 21 inches.
c. Associated equipment at the bottom
of a pole (the “base”) shall be
concealed in a pole base that is:
(1) Up to 20 inches square and four
feet tall; or
(2) Within a side-mounted shroud up
to 16 inches wide, 12 inches deep
and 5.5 feet tall.
d. To prevent accumulation of trash, facilities shall be designed to avoid flat surfaces in the transition from the base to the upper pole.
e. Stand-alone poles match the height and color of any nearby streetlight or utility pole.
3. Light Poles Wherein Equipment, Cabling, and Antennas are Not Completely within the Pole Itself and/or Not Entirely Underground. a. Use of light poles for wireless telecommunications facilities may be permitted only in areas where light poles are appropriate.
b. The height of any antenna mounted to a street light pole shall not exceed seven feet above the existing height of a street light pole in a location where the closest adjacent district is a commercial zoning district and shall not exceed three feet above the existing height of a street light pole in any other zoning district. Any portion of the antenna or equipment mounted on such a pole shall be no less than 18 feet above any drivable road surface or 7 feet above any portion of the right-of-way outside of the drivable road surface (e.g., parkways, medians.
c. Antenna shrouds shall be the same diameter as the pole unless multiple antennas are proposed, in which case, the antennas and shrouds shall be no wider than 21 inches.
Figure 8: Stand-alone small cell poles (as shown in
this example) are not preferred but may be
permitted if enclosure of all equipment within the
pole or in an underground vault is technically
infeasible.
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d. Associated equipment at the bottom of a pole (the “base”) shall be concealed in a pole base that is:
(1) up to 20 inches square and four feet tall; or
(2) within a side-mounted shroud up to 16 inches wide, 12 inches deep and 5.5 feet tall.
e. To prevent accumulation of trash, facilities shall be designed to avoid flat surfaces in the transition from the base to the upper pole.
f. Poles shall be painted and textured to City standards to match existing streetlights in the vicinity
D. Requirements for Approval of Less-Preferred Configurations.
1. Application Requirements. Applications that involve less-preferred configurations may be approved only if the applicant demonstrates that:
a. No preferred configuration would be technically feasible; or b. The proposed configuration would be aesthetically superior to a preferred configuration due to existing conditions at the proposed site. c. The burden of proof for demonstrating that one of these two conditions exists shall lie with the applicant.
2. Accompanying Evidence. Applications that involve a less-preferred configuration shall be accompanied by clear and convincing written evidence demonstrating the need for approval of the proposed configuration rather than a preferred configuration.
3. Independent Consultant. In reviewing a request for a less-preferred configuration, the City may hire an independent consultant at the applicant’s expense to evaluate the applicant’s demonstration of need for the proposed less-preferred configuration.
E. Pole Requirements.
1. Pole Height and Width Limitations.
a. All poles for wireless telecommunications facilities shall be designed to be the minimum functional height and width required to support the proposed antenna installation and meet FCC requirements. Poles, antennas, and similar structures shall be no greater in diameter or other cross-sectional dimension than is necessary for the proper functioning of the facility.
b. Pole-mounted equipment shall not exceed nine cubic feet in dimension.
2. Requirements for Replacement Poles. If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible, unless another design better accomplishes the objectives of this section. Such replacement pole shall not exceed the height of the pole it is replacing by more than seven feet.
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3. Requirements for New Poles. New poles shall be designed to resemble existing poles in the right-of-way, including size, height, color, materials, and style, unless (a) the existing poles are scheduled to be removed and not replaced, or (b) another design better accomplishes the objectives of this section.
F. Pole-Mounted Facilities Requirements.
1. Facilities Mounted to a Telecommunications Tower.
a. Facilities mounted to a telecommunications tower, including, but not limited to, the attached antennas, shall be designed to be the minimum functional height and width required to adequately support the proposed facility and meet FCC requirements.
The applicant shall provide documentation satisfactory to the City Manager establishing compliance with this paragraph. In any event, facilities mounted to a telecommunications tower shall not exceed the applicable height limit for structures in the applicable zoning district.
b. Aside from the antenna itself, no additional equipment may be visible. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the telecommunications tower and shall be camouflaged or hidden to the fullest extent feasible without jeopardizing the physical integrity of the tower.
2. Monopoles.
a. Monopole installations shall be situated so as to utilize existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.
b. All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture that matches the predominant visual background or existing architectural elements so as to blend in with the surrounding development. Subdued colors and non-reflective materials that blend with surrounding materials and colors shall be used.
c. Monopoles shall be no greater in diameter or other cross-sectional dimension than is necessary for the proper functioning of the facility.
G. Accessory Equipment.
1. Minimizing Visibility. All accessory equipment associated with the operation of any wireless telecommunications facility shall be screened or camouflaged and located in a manner to minimize the equipment’s visibility to the greatest feasible extent.
2. Screening of Equipment for Facilities in Public Rights-of-Way. Accessory equipment for facilities within public rights-of-way shall be visually screened to the extent feasible by locating the equipment either in an underground vault (with the exception of required electrical panels), or by landscape plantings.
3. Space Occupied. Facilities shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.
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23 Approved. June 14, 2022
4. Cables. All cables, including, but not limited to, electrical and utility cables, between the pole and any accessory equipment shall be placed underground, if feasible.
5. Wires. Except for wood utility poles and other solid core poles, all new wires needed to service the wireless telecommunications facility shall be installed within the width of the existing utility pole so as to not exceed the diameter and height of the existing utility pole.
6. Equipment Undergrounding. All equipment (other than the antenna, antenna supports, ancillary wires, cables and any electric meter) shall be installed underground wherever feasible.
With the exception of the electric meter, which shall be pole-mounted to the extent feasible, all accessory equipment shall be located underground to the extent feasible.
7. Equipment Installed on Poles. All wireless equipment installed on poles should be completely contained within an equipment shroud. Equipment shroud and lines should be painted, treated or finished to match existing utility pole and line aesthetics. Utility line installations should have a non-reflective color and finish. Required electrical meter cabinets shall be adequately screened and camouflaged.
H. Americans with Disabilities Act Compliance. All facilities shall be built in compliance with the Americans with Disabilities Act (ADA), and no facility shall be approved that would render any portion of the right-of-way non-compliant with the ADA.
I. Other Requirements.
1. Facilities on Decorative Streetlights Prohibited. Small wireless facilities shall not be located on decorative streetlights.
2. Pole Height Calculation. Legally required lightning arresters and beacons shall be included when calculating the height of facilities. Pole height shall be measured from the top of foundation, which should be flush with the ground, to the top of pole or top of antenna, whichever is greater.
3. New Pole Material and Finish, New pole material and finishes should match the existing materials of the City standard streetlight poles or match aesthetics and materials of existing decorative poles.
4. Disturbance of Topography and Vegetation. Disturbance of existing topography and on-site vegetation shall be minimized unless such disturbance would substantially reduce the visual impacts of the facility.
5. Separation of Service. Separation of service shall be provided by installing all new electrical conduit(s) or using empty conduit(s) with the conduit owner’s express consent in writing.
6. Facilities on Streetlight or Traffic Signal Control Poles. For proposed facilities on streetlight or traffic signal control poles, a hand hole should be provided at the top of the pole to maintain fiber and electrical service for streetlights and future attachments. 207
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24 Approved. June 14, 2022
7. Pole Foundation Calculations. Pole foundation calculations shall be prepared and stamped by a California professionally licensed structural engineer and provided to the City for review. Pole foundation calculations shall account for all new and existing pole attachments and the pole.
8. Pole Structural Calculations. Pole structural calculations showing the load impacts of the wireless facility on City streetlight and traffic signal control poles, including seismic loads, shall be prepared and stamped by a California professionally licensed structural engineer and provided to the City for review.
9. Design Wind Velocity. Design wind velocity shall be 115 miles per hour (mph) minimum in accordance with TlA-222 rev G, IBC 2012 with ASC 710, and amendments for local conditions.
10. Trench Backfill. Asphalt concrete sections for trench backfills shall be a thickness equal to the existing pavement, or four-inches thick minimum, whichever is greater. 5100209.1
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PUBLIC CORRESPONDENCE
The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.
To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
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Agenda Item # 9.
From: Kathleen Richards
To: Public Comment; City Council
Subject: Los Altos Council meeting of 6/28, item 9 - public comment Date: Saturday, June 25, 2022 6:22:46 AM
Please include in the public comment - telecommunication 5G The FCC 5G safety guidelines were overturned by a DC District Court in August 2021. The court ruled that the FCC’s decision in 2019, that its 1996 radio frequency emission guidelines adequately protect the public was capricious, arbitrary and not evidence based, in violation of the Administrative Procedures Act. The court also found that the analysis provided by the U.S. Federal Drug Administration, on which the FCC relied for its decision, was also not evidence based. (https://url.avanan.click/v2/___https://childrenshealthdefense.org/wpcontent/uploads/chd-v-fcc-we-wondecision.pdf___.YXAzOmxvc2FsdG9zY2E6YTpvOjUxNGQ5YjcwMjFhYjFiYmNiMmRjNjcxMDNhYjYxN2FhOjY6Y2I2NTpkMWZlZTkyNjUwZjFmZTIxODI0OTQyOTU4ZWJhMzcxYWUyMTk5ODk4Mzc4YzYwYzA4ODVhYWRkMTYwMzRkMzY1OnQ6VA).
Since the FCC has NOT demonstrated that 5G is safe. this clearly eliminates any FCC argument that health concerns cannot be considered in determining 5G implementation. A large majority of the residents of Los Altos oppose 5G implementation due to health and environmental concerns, so their position is valid and should be respected by retaining the 5G ban.
I can understand why the carrier lawyers did not raise this relevant and important court decision, as it is not in their favor. I would like to know why Los Altos legal representation was not aware of this important ruling, or did not make residents aware of this ruling. This is not working in the best interest of their clients,the residents of Los Altos. Competent legal representation should be found that can resolve this important issue in alignment with the wishes of the residents of Los Altos. thanks - Kathleen Richards
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From: roger heyder
To: Public Comment; City Council
Subject: Los Altos Council meeting of 6/28, item 9 - public comment Date: Saturday, June 25, 2022 6:34:27 AM
Hello,
This is public comment on item 9 - Wireless Telecommunications Facilities. Please read out, and include this public comment in the formal meeting minutes.
regards -- Roger Heyder
resident of Los Altos
Los Altos City Council is stepping far over the line by putting resident health and safety at risk with their actions on adopting 5G against resident wishes. Ignoring city laws and spending recklessly are things which residents seem able to ignore, but doing things to harm residents is simply unacceptable and inexcusable.
The court has found the FCC 'safety testing' of 5G to be invalid, so that eliminates the FCC argument that safety concerns cannot be considered with regards to 5G. That also eliminates council's excuse that they can ignore resident demands that the 5G ban be retained due to 'legal constraints'.
The 5G emergency ordinance was enacted after several large public meetings, where many hundreds of residents supported the 5G ordinance, and only 1 or 2 residents opposed the ordinance. Nothing has changed, yet Council is considering altering the ordinance to the extent of basically eliminating it.
The residents of Los Altos have made their opinion very clear on the 5G issue. Council was elected to represent the residents, and implement their wishes. It seems Council supports many outside special interests over the interest of residents. That is unacceptable. Council members that hold that posture should resign immediately, since you are failing in your responsibility to serve the residents of Los Altos.
Council must also inform residents how much money the city will make if the ordinance is lifted - right of way fees paid to the city by the 5G providers. That way residents can see how much it takes to sell us out.
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PUBLIC CORRESPONDENCE
The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.
To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
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From: Jane Osborn
To: Public Comment; City Council
Cc: Jane Osborn;
Subject: Public Comment, June 28, 2022, Agenda #9, Wireless Ordinance Date: Tuesday, June 28, 2022 2:02:57 AM
Note. This is an edited, expanded version of comments I had planned to make during the last council meeting held on June 14, 2022. My husband and I both had planned to make public comments during that meeting, but made a last minute decision not to do so, since public comments on this item did not even start until shortly after midnight. Aside from feeling
demoralized and exhausted by that time, it was very apparent at that late hour that many council members wanted to finish the meeting as soon as possible. We did not feel that making comments under those circumstances would be well received nor would they make one bit of difference.
We have noticed over the years that often the most
controversial agenda items are scheduled last or near the end of the agenda. Many times, we have seen that the council did not even begin looking at these controversial agenda items until very late in the evening, such as after 11 PM or later, when most of the public have given up waiting to make
comments, and many needed to get to bed. In our opinion, this tendency to consider the most controversial issues later in a council meeting interferes with the ability of the public to give testimony and to participate in local government decisions.
Dear Honorable Mayor, Council Members and City Staff,
We have many concerns about the location criteria in the proposed, soon to be adopted wireless ordinance. In
particular, we are concerned about the minimum distances 213
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from residences that are considered acceptable for placing small wireless facilities.
Based on copious amounts of research and literature
available on the subject, 10 feet, or 25 feet, or 30 feet, or even 50 feet is much too close for safety and to avoid
potential or probable harm from the devices. The
exposure to potential harm will be greatly increased at these short distances.
We are especially concerned about potential fire hazards, as well as the exposure to RF emissions and noise emission.
We are aware that the city currently is prohibited from regulating wireless facilities on the basis of suspected health and safety concerns due to RF emissions.
As far as we know, the city is not prohibited from regulating wireless facilities based on concerns due to noise exposure or fire safety.
NOISE EXPOSURE AND NON-AUDITORY NOISE
EFFECTS:
Environmental noise exposure, especially when it is
chronic, has been linked to a number of health effects, including increases in sleep disturbance, release of stress hormones, hypertension, and cardiovascular disease. In
addition, it appears to impair cognitive and academic
performance, including in school age children. These
negative effects are evidenced in a huge body of scientific research reported in the literature.
In 2019, one of our council members measured the sound pressure coming from a small node on her street to be at a dB level of 56.
NON-AUDITORY EFFECTS OF NOISE ON SLEEP. According to the literature, the 214
Agenda Item # 9.
most deleterious non-auditory effect of noise is sleep disturbance.
There are copious amounts of research findings reported in the literature that suggest that sleep disturbances and sleep deprivation have very deleterious affects on health and cognitive functioning, in general, including that they are associated with shortened life spans and increased risk of developing dementia.
Noise at pressure levels as low as L(Amax) 33 dB were
observed to induce physiological reactions during sleep, including autonomic, motor and cortical arousal. At levels of 30 to 40 dB (L, Aq) at night, measured outside, a
number of effects on sleep have been observed at this
range, such as body movements, awakening, arousals, and self-reported sleep disturbances. Vulnerable groups, such as children, the chronically ill, and elderly people are more susceptible.
It has been noted that people in general are more sensitive to noise produced in the evening and especially at night. It is reported that when evaluating the effects of noise during a 24 hour period, acoustic experts will add a "...10 dB penalty to the night...,” period, with a "...5 dB penalty added to the evening period...."
NON-AUDITORY EFFECTS OF NOISE ON COGNITIVE AND ACADEMIC FUNCTIONING. The literature also suggests that noise emissions have a deleterious effects on cognitive and academic functioning, including with regard to the academic progress of school age children.
The World Health Organization recommends that school
children not be exposed to a dB level above 35 when they are in a "teaching" or learning environment. One could
assume this would apply also to their homework
environment and/or remote learning at home. Increases of 5 dB of sound pressure have been associated with increases in negative academic outcome. Decreases of 5 dB of sound 215
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pressure have been associated with a higher level of
academic performance. It was stated in one source that
there was no threshold for negative effects. Even an
increase of 5 dB had negative effects. The larger the
increase in dB level, the larger the negative effects.
It appears that one implication of these research findings is that wireless facilities with noise emitting fans should not be placed so close to homes or classrooms that the fans are heard at sound pressure levels above 35 dB, during the day, or above 33dB at night (in order to minimize sleep disturbance due to noise), including through open windows.
According to the permitting requirements, applicants who want to install wireless facilities, will have to show that the devices will not produce noise in violation of the cities noise ordinance, Chapter 6.16 of the municipal code.
According to the city's noise ordinance, an acceptable level of sound pressure in R1 districts on average is: 55dBA
from 7 AM to 10 PM; and 45 dBA from 10 PM to 7 AM.
I am assuming that the city determined what would be
acceptable levels of sound pressure based on minimizing "auditory" effects of noise that could harm hearing or
cause hearing loss. I am wondering if the city also was considering "non auditory" effects of noise when
determining acceptable levels of sound pressure, which also can be harmful to health and cognitive functioning, as
noted above.
At the PCC meeting on March 3, 2022, Mr. Zola,
consultant for the wireless ordinance, noted that noise produced outside is attenuated by about 15 dB when
experienced inside of a house with all the doors and
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windows closed. This seems accurate. However, people
should not be forced to keep all their windows shut in
order to avoid excessive noise from wireless facilities. I know of many people in Los Altos who routinely keep
windows or doors open, especially in the evening or at
night in the warmer weather. Some neighbors have told
me that they do not have air conditioning, and they rely on being able to keep their windows open at night, otherwise their houses would be insufferably hot.
In Los Altos, even the busier streets become very quiet and peaceful at night. The other night I was able to hear an owl hooting at 3:40 AM. People who live on busier streets especially appreciate and welcome this respite from noise that they experience in the evening and at night after
traffic dies down. They do not want to lose this peace and quiet due to wireless companies wanting to install noisy facilities near their houses. Audible noise from a fan in the evening or at night would destroy one of the benefits of living in this area.
In view of the research findings on sleep and cognitive functioning, I wonder if perhaps the city should consider re-evaluating it's noise ordinance periodically, based on updated research findings, including in the area of "non-auditory" effects, and perhaps consider lowering the level of sound pressure allowed at night, in particular.
FIRE SAFETY:
We are very concerned about the risks of fires, especially for people who end up with a device on or near their
property.
According to the LA Times, more than 2,000 fires in about 217
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a three year period in California were started by utility equipment. Also, it is reported that, "Cal Fire determined 17 of 21 California fires in 2018 were attributed to pole issues." There are numerous example of fires in California that were associated with wireless equipment issues and failures, including fires in Malibu, San Diego, and Paradise (i.e., the tragic "Campfire"). It is reported that "pole loading" (extending the height of an existing pole to
accommodate wireless facilities) is implicated in many fires in California.
Susan Foster, Utilities and Fire Safety Consultant, has advised cities to allow at least a 500 foot buffer between wireless facilities and homes or schools.
Susan Foster also has reported that when a wireless facility catches on fire, the power must be cut before fire fighters can start putting it out. She has noted that, "It takes the utilities 10 to 30 minutes on a good day to get the power shut off. It can take up to two hours if distribution and or transmission lines are attached to the same mono pole." In view of the risk of fires associated with wireless
facilities, is it a good idea to encourage these facilities to be camouflaged by trees?
I think that most people would not want to risk having a wireless facility fire, such as the one shown in the link below, on their property, in their neighborhood, or
anywhere near trees or other vegetation, especially on a windy day. Personally, I would not want to sacrifice safety for the sake of aesthetics, although it is preferable to have 218
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both to the extent that this is possible.
https://www.yourcentralvalley.com/news/cellphone-towercatches-fire/ Similarly, we have concerns that the city ordinance
encourages and states a preference for colocation of
facilities. One basis for our concern is that some fires apparently have been started by poles being overloaded.
Also, we are concerned about co-location in residential areas, in particular, not only due to apparent increase in fire risk, but also due to the presumably increased impact from visual blight, noise emissions and the amount of RF being created at any one location.
I have read the recommendations made by Susan Foster
for fire safety measures for wireless facilities in her letter to the council in April 2022. Are any or all of these
measures included in the city's safety requirements for such devices? If not, is it possible for the city to consider including some or all of the recommendations made by
Susan Foster, Utility and Fire Safety expert, in the city's permitting requirements for these devices?
ADDITIONAL REFERENCES (Partial List):
• NEW HAMPSHIRE 5G COMMISSION CONCLUDES
THAT THE EVIDENCE FULLY JUSTIFIES A 500M
SETBACK FOR CELL TOWERS, RF Info., February 14,
2022.
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https://rfinfo.co.uk/new-hants-commission/
Note. The state of New Hampshire passed legislation that created a commission to look at the health effects of 5G.
The commission was made up of 13 members who had
backgrounds in the areas of physics, toxicology,
electromagnetic, epidemiology, occupational health,
medicine, public health policy, business and law. After meeting over a period of a year, they issued a final report in November 2020. They concluded that wireless radiation is harmful, and they recommended "...that a reasonable
setback for wireless telecommunication facilities be no less than 1,640 feet or 500 meters."
• AUDITORY AND NON-AUDITORY EFFECTS OF
NOISE ON HEALTH, Mathias Basner, et. al., The Lancet,
April 12, 2014, vol 383, 1325-1332.
https://www.thelancet.com/journals/lancet/article/PIIS0140- 6736(13)61613-X/fulltext
Note. This is a comprehensive review of the literature that cites 81 references.
• RE: AB 537 & CELL TOWER FIRE RISK, Susan Foster,
Utility and Fire Safety Consultant, April 26, 2021. Letter written by Susan Foster to the California State legislature. https://mdsafetech.org/wp-content/uploads/2019/09/ab-537- cell-tower-fire-risks-4-26-21.pdf
• CALIFORNIANS FOR SAFE TECHNOLOGY: FIRE
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RISK IN CALIFORNIA
https://cal4safetech.org/fire-risk
Thank you very much for your consideration.
Jane Osborn
Resident of Los Altos
E. Jane Osborn, Ph.D. Nationally Certified School Psychologist, NCSP 24709. Licensed Educational Psychologist, LEP 1610. Cognitive and Developmental Psychology. p
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Agenda Item # 9.
From: KAMEI, ELLEN
To: Public Comment; Jonathan Weinberg; Lynette Lee Eng; Neysa Fligor; Sally Meadows; Anita Enander; City Council; Administration
Cc: Robert Chua
Subject: Item #9 - Wireless Telecommunications Facilities Ordinance Public Comment Date: Tuesday, June 28, 2022 12:36:26 PM
Attachments: AT&T Comments June 28 2022.pdf
Importance: High
Dear Mayor Enander, Vice Mayor Meadows, and Councilmembers:
Thank you for the opportunity to once again submit public comment related to the City of Los Altos proposed wireless regulations. Please see the attached high level concerns from AT&T.
AT&T again urges the city to take a step back from the proposed wireless ordinance because it focuses on ways to prohibit wireless facilities rather than fostering responsible deployments.
Now more than ever, residents need access to a stable network to bridge the digital divide.
We look forward to working with you and building a connected community.
Sincerely,
ELLEN KAMEI, MPA
(She/Her)
External Affairs Area Manager
External and Legislative Affairs
AT&T
430 Bush Street, San Francisco, CA 94108
o
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Agenda Item # 9.
From: Willem De Lange
To: Public Comment
Cc: Lynette Lee Eng
Subject: City Council Meeting, June 28, 2022, Wireless Ordinance Date: Tuesday, June 28, 2022 4:06:45 PM
Honorable Mayor and Council,
Again I would like to express my opposition to giving “free hand” the wireless companies to place repeaters wherever they deem technically feasible and optimal for the signal propagation. Essentially these 5G repeaters will mainly be used by commuters to video stream within their cars. The true internet users within the homes are better off by using the wired connections from At&T, and other internet providers!! So these repeaters are going to be placed EVERYwhere around our community without much benefiting them, but HARMING their health. In light of the new population requirements from the state the cities need to find a lot more housing which also would put more traffic on our cities streets. This is also very much unwelcome in our already busy commuting and school streets in Los Altos. I will repeat to strive for underground tunnels to route Google, Apple, and all other employer’s traffic away from our city streets, please! Compare the infrastructure implementations in cities in the Netherlands and try to get that in Los Altos to improve our quality of life! Now to 5G I would like to put these quotes out for your consideration at city councils meetings, please:
Since the FCC has never produced adequate scientific evidence that these newer wireless technologies are safe, I urge the council to err on the side of caution, since resident's health and well being may be negatively impacted.
In particular, I would like to ask the council not to allow these facilities to be placed as close together as one every 200 feet. Please stick to the original proposal for a 1000 foot distance between facilities, including facilities from multiple carriers. No one residential block or street or neighborhood should have to endure or be inflicted with this high of a density--basically one in front of every 3 houses.
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I would like to point out the recently issued court order to revisit safety Guidelines for RF radiation (like for the planned 5G rollout):
https://www.fiercewireless.com/wireless/court-orders-fcc-to-revisit-itssafety-guidelines-for-rf-radiation To support my concern I would like to be also quoting from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7405337/
The fifth generation, 5G, of radiofrequency (RF) radiation is about to be implemented globally without investigating the risks to human health and the environment. This has created debate among concerned individuals in numerous countries. In an appeal to the European Union (EU) in September 2017, currently endorsed by >390 scientists and medical doctors, a moratorium on 5G deployment was requested until proper scientific evaluation of potential negative consequences has been conducted. This request has not been acknowledged by the EU.
The evaluation of RF radiation health risks from 5G technology is ignored in a report by a government expert group in Switzerland and a recent publication from The International Commission on Non-Ionizing Radiation Protection. Conflicts of interest and ties to the industry seem to have contributed to the biased reports. The lack of proper unbiased risk evaluation of the 5G technology places populations at risk.
Furthermore, there seems to be a cartel of individuals monopolizing evaluation committees, thus reinforcing the no-risk paradigm. We believe that this activity should qualify as scientific misconduct.
16. Smith-Roe SL, Wyde ME, Stout MD, Winters JW, Hobbs CA, Shepard KG, Green AS, Kissling GE, Shockley KR, Tice RR, et al.
Evaluation of the genotoxicity of cell phone radiofrequency radiation in male and female rats and mice following subchronic exposure. Environ Mol Mutagen. 2020;61:276–290. doi: 10.1002/em.22343. [PMC free article] [PubMed] [CrossRef] [Google Scholar]
Furthermore:
Radiofrequency (RF) radiation in the frequency range of 30 kHz-300 GHz is classified as a ‘possible’ human carcinogen, Group 2B, by the International Agency for Research on Cancer (IARC) since 2011. The 224
Agenda Item # 9.
evidence has since then been strengthened by further research; thus, RF radiation may now be classified as a human carcinogen, Group 1. In spite of this, microwave radiations are expanding with increasing personal and ambient exposure. One contributing factor is that the majority of countries rely on guidelines formulated by the International Commission on Non-Ionizing Radiation Protection (ICNIRP), a private German non-governmental organization. ICNIRP relies on the evaluation only of thermal (heating) effects from RF radiation, thereby excluding a large body of published science demonstrating the detrimental effects caused by non-thermal radiation. The fifth generation, 5G, for microwave radiation is about to be implemented worldwide in spite of no comprehensive investigations of the potential risks to human health and the environment. In an appeal sent to the EU in September, 2017 currently >260 scientists and medical doctors requested for a moratorium on the deployment of 5G until the health risks associated with this new technology have been fully investigated by industry-independent scientists. The appeal and four rebuttals to the EU over a period of >2 years, have not achieved any positive response from the EU to date. Unfortunately, decision makers seem to be uninformed or even misinformed about the risks. EU officials rely on the opinions of individuals within the ICNIRP and the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR), most of whom have ties to the industry. They seem to dominate evaluating bodies and refute risks. It is important that these circumstances are described. In this article, the warnings on the health risks associated with RF presented in the 5G appeal and the letters to the EU Health Commissioner since September, 2017 and the authors' rebuttals are summarized. The responses from the EU seem to have thus far prioritized industry profits to the detriment of human health and the environment.
Thank you for your support in keeping Los Altos safe for families! Willem and Margriet de Lange
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Resident of Los Altos
E. Jane Osborn, Ph.D. Nationally Certified School Psychologist, NCSP 24709. Licensed Educational Psychologist, LEP 1610. Cognitive and Developmental Psychology.
On Tuesday, June 14, 2022, 6:44:54 PM PDT, Jane Osborn wrote:
Dear Honorable Mayor and City Council Members,
This is a follow up to the public comments I submitted on June 13, 2022 (below). I would like to add to my previous comments, and also provide some additional reference:
ADDITIONAL COMMENTS:
• You may be wondering why the FCC has been able to get away with being so negligent and not doing their "due diligence" with regard to setting their standards in 1996 and in regard to not reassessing and updating these outdated standards.
It is a widely held belief that the FCC is a "Captured Agency," that has a long history of conflicts of interest.
Captured agencies have been defined as being"....essentially controlled by the industries they are supposed to regulate." It has been noted that "...the entire system is greased by the free flow of executive leadership between the FCC and the industries it presumably oversees." (Alster, Chapter 1) There are at least two recent examples of this. More recently, the FCC was headed by Ajit Pai, from January 2017 to January 2021. Mr. Pai previously was an attorney for Verizon.
Apparently he was well known for being fiercely anti-regulatory, despite the fact that he was heading a supposedly regulatory agency. His predecessor was Tom Wheeler, who was appointed to head the FCC in 2013. Mr. Wheeler previously had headed two very powerful telecommunications industry lobbyist groups, the CTIA and the NCAA. Apparently the FCC long has had an open door policy for lobbyist, as opposed to scientists and other non-lobbyists (who typically would have to wait a couple of months to get an appointment).
It is reported that industry lobbyists are "...at the FCC's door day and night." (Alster, Chapter 1) Apparently the industry boasts about the fact that it typically has about 500 meetings with the FCC per year. (Alster, Chapter 4)
• The telecommunication industry does not have a good track record for being concerned about public health and safety.
I gave one example of this in my public comments at the PC meeting held on March 17, 2022. Earlier this year, the FAA requested that the wireless carriers postpone their roll out of 5G, at least in areas near airports, due to concerns on the part of pilots and the FAA that the 5G transmissions might interfere with the safe operation of the altimeters on planes. Initially, Verizon and AT&T both refused this request. Eventually, they backed down and came to an agreement with the FAA.
The most sinister and consequential example of a lack of concern for public health and safety is the apparent, reported active suppression, discrediting or down-playing of legitimate scientific findings, and attempts to bully scientists. (Alster, Chapter 4) It has been reported that "...'war gaming' researchers who come up with unfavorable results have been persistent themes with this industry." (Alster, Chapter 4) Also, it is well known that this industry uses "intimidation tactics," lawsuits and "bullying tactics," against cities and scientists (for example). It is reported that "This is a very rich industry that does not hesitate to outspend and out bully challengers into submission." (Alster, Chapter 4)
• In a previous comment, I made reference to the fact that a plastic mannequin's head has been used as a tool for testing safety of wireless devices (i.e. cell phones). I would like to provide some additional information. The plastic mannequin head is referred to as SAM--i.e. Specific Anthropomorphic Mannequin.
Apparently this device still is in use but has been highly criticized by many scientists due to the fact that it does not duplicate real world conditions of the head and brain. It is filled with a fluid that is supposed to duplicate average electrical properties of the head, and measure specific absorption rate of non-ionizing radiation. Scientists have pointed out that this process "... cannot indicate differential absorption of specific brain tissue, nor absorption in small children and smaller adults." (Gandhi, 2012 ). One criticism is that it does not duplicate tissue and organs of the head and brain, and does not represent the range of head and brain sizes that exists in the human population. The plastic head (SAM) is a "one size fits all" that was based on the size of a 220 pound man (which represents about 3% of the population)--since originally it was developed decades ago for use by the military with regard to military personnel using radar.
Scientists feel that this process vastly underestimates the real world Specific Absorption Rate (of non-ionizing radiation or SAR) in children and small women. It has been noted that "As head size decreases, the percentage of energy absorbed in the brain increases, so higher SAR in children's brains can be expected. (Gandhi, et. al. 2012). 227
Agenda Item # 9.
For example, research done in 1996 with MRI scans in 5 and 8 year old children indicated that the specific absorption rate of non-ionizing radiation is 2 times higher in children compared to adults. (Gandi, et. al., 2012). • IN SUMMARY, in view of the FCC's apparent failure to protect public safety adequately, it seems ironical that according to the city's wireless team consultant, cities supposedly are not allowed to make a finding of negative declaration of environmental impact, including on the human environment, because the FCC has deemed that there is no environmental impact.
Apparently cities are required to defer to an agency that has been found by a court to have failed to show evidence that the devices they regulate are safe. Cities are required to defer to an agency that appears to have been negligent, or possibly even has been guilty of malfeasance, at times. At the same time, cities are obligated ethically and by the State of California to determine that an ordinance will not harm the environment, including humans. Cities appear to have been placed in a no-win, "catch 22" situation. In spite of this, there are cities all over the country who have made a valiant, courageous effort to protect their residents and other inhabitants, which is their ethical duty, by writing ordinances that suggest they are not blindly accepting the FCC standards or totally caving in and deferring to the demands of the wireless carriers.
I would like to repeat my request that the city increase the distance between small wireless facilities. Even a 500 foot distance between devices would be safer and less deleterious than a 200 foot distance, and would appear to be more typical of what is seen in the ordinances of other cities that my husband and I have looked at.
Also, I would like to request that these facilities not be placed as close as 10 or 25 feet from a residential dwelling unit, due to the apparent hazards related to risk of fires, potential (probable) harm from wireless radiation, and deleterious effects on health and cognitive functioning from noise emissions that will be posed by having these devices so close to dwellings where people, including vulnerable children and seniors, are living and sleeping.
ADDITIONAL REFERENCES (Partial):
• CAPTURED AGENCY: HOW THE FEDERAL COMMUNICATION COMMISSION IS DOMINANTED BY THE INDUSTRIES IT PRESUMABLY REGULATES; Norm Alsters, Published by Edmund J. Safra Center for Ethics, Harvard University.
(Note. I did not find the date of publication, but the author cites references as recent as 2015.) https://ethics harvard.edu/files/center-for-ethics/files/capturedagency_alster.pdf • VERIZON AND AT&T DECLINE REGULATORS' REQUEST TO DELAY NEW 5G SERVICES; New York Times, January 2022
Verizon and AT&T Decline Regulators’ Request to Delay New 5G Services • AIRLINE INDUSTRY PANIC PROMPTS AT&T AND VERIZON TO BACK DOWN ON 5G, CRITICIZES FAA OVERSIGHT, Fortune Magazine
Airline industry panic prompts AT&T and Verizon to back down on 5G, criticize FAA oversight • EXPOSURE LIMITS: THE UNDERESTIMATION OF ABSORBED CELL PHONE RADIATION, ESPECIALLY IN CHILDREN, Om P. Gandhi et. al., Electromagnetic Biology and Medicine, 31(1): 34-51, 2012 https://ehtrust.org/fcc-and-icnirp-limits-do-not-protect-people-of-the-environment-from-cell-phone-radiation-health-effects/ • FCC and ICNIRP Limits Do Not Protect People of the Environment From Cell Phone Radiation Health Effects - Environmental Health Trust
Thank you very much for your time and consideration.
Respectfully,
Jane Osborn
Resident of Los Altos
E. Jane Osborn, Ph.D. Nationally Certified School Psychologist, NCSP 24709. Licensed Educational Psychologist, LEP 1610. Cognitive and Developmental Psychology. Cell: 650-346-6390. Land Line: 650-967-5167 (Preferred Option) On Monday, June 13, 2022, 3:27:35 AM PDT, Jane Osborn wrote:
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Natural Resources Defense Council (NRDC), Feb. 13, 2019. https://protectnepa.org/5g-fcc-wireless/
• 5G COMING TO YOUR NEIGHBORHOOD, Sharon Buccino, NRDC, June 10, 2020. https://www nrdc.org/experts/sharon-buccino/5g-coming-your-neighborhood • https://www.actu-environnement.com/media/pdf/news-29640-appel-scientifiques-5g.pdf • https://www.cadc.uscourts.gov/internet/opinions nsf/FB976465BF00F8BD85258730004EFDF7/$file/20-1025- 1910111.pdf
• CONGRESSWOMEN ESHOO AND SPEIER INTRODUCE HR 539 TO BLOCK FCC CELL TOWER PREEMPTION:
Physicians for Safe Technology, January 22, 2019.
https://mdsafetech.org/2019/01/22/congresswomen-eshoo-and-speier-introduce-hr-530-to-block-fcc-cell-tower-preemption/ Thank you very much for your consideration.
Respectfully,
Jane Osborn
Resident of Los Altos
E. Jane Osborn, Ph.D. Nationally Certified School Psychologist, NCSP 24709. Licensed Educational Psychologist, LEP 1610. Cognitive and Developmental Psychology. Cell: 650-346-6390. Land Line: 650-967-5167 (Preferred Option) 231
Agenda Item # 9.
From: Jane Osborn
To: Public Comment; City Council; Gabriel Engeland
Cc: Jonathan Shores; Jane Osborn
Subject: Re: Followup/Update #2. Public Comment, June 28, 2022, Agenda Item #9, Wireless Ordinance Date: Tuesday, June 28, 2022 6:43:24 PM
Dear Honorable Mayor, City Council Members and City Staff, This is a followup to two previous public comments I submitted on June 13, 2022 (below) and on June 14, 2022 (below). I would like to add to my previous comments and also clarify oa couple of the previous comments. 1) Has the city council already considered whether or not to officially support the legislation introduced by Congresswoman Anna Eshoo (HR 530) or by Senator Diane Feinstein, (S 2012), that would restore local control related to wireless facilities? If not, would the council consider doing so? I referenced this legislation in my initial letter written on June 13th, 2022, below. I have summarized it again for your convenience:
• On January 14, 2019, HR530, was introduced by Congresswoman Anna Eshoo in the House of Representatives, which garnered 52 co-sponsors, including Jackie Speier, who was the first representative to sign on as a co-sponsor. This bill seeks to preserve or restore local rights of state and city governments. • On June 27, 2019, a similar bill, S 2012, was introduced in the Senate by Senator Diane Feinstein. This bill seeks to repeal the regulations adopted by the FCC that preempt local control related to installation of small wireless facilities. This bill is supported by the National League of Cities and the League of California Cities. 2) In my comments submitted on June 13, and June 14, 2022, I gave an example of a device that is used to determine safety of cell phones, i.e. the big plastic head known as SAM. I wanted to clarify that I was using this as an example of the low bar that the FCC and wireless industry use to determine safety standards for wireless technology, in general.
There are many other references given by me and other residents in previous letters in regard to safety and health concerns involving other types of wireless facilities and other forms of wireless technology, which emit non-ionizing radiation, including cell towers and nodes of various sizes.
3) In my initial letter written on June 13, 2022, I made reference to a lawsuit against the FCC-- Environmental Health Trust, et. al. versus the FCC and USA (No 20-1025)--that was argued on 1/25/21 and decided on 8/13/21, in a US Court of Appeals, DC Circuit.
I included a summary of the finding in quotes. I had intended to reference the source I used for this statement. I wanted to clarify that this statement actually was in the Wireless Ordinance. I don't know who wrote this statement that I quoted, but they did a good job of summarizing the key points that were reflected in the majority opinion on this case, which is why I used it and put it in quotes:
The court found that the "...FCC had failed to provide a reasoned explanation for it's determination that it's existing radio frequency (RF) exposure regulations were adequate to ensure public safety in light of evidence presented to the FCC regarding health impacts posed by various technology developments since 1996, including the ubiquity of wireless devices and WiFi, and the emergence of 5G technology." (Wireless Ordinance) The actual majority opinion was several pages long:
https://www.cadc.uscourts.gov/internet/opinions.nsf/FB976465BF00F8BD85258730004EFDF7/$file/20-1025-1910111.pdf 4) In my letter of June 14, 2022, I discussed the apparent fact that the wireless industry has a reputation for using intimidation and other bullying tactics against scientists doing legitimate research in the area of non-ionizing radiation in order to suppress any findings that might be unfavorable to the wireless industry, (Alsters). I had intended to mention one of the tactics that they use, which is to go after the researchers' sources of funding. In his book, Alsters provides some specific examples (Chapter 4). One of the examples involved a highly respected professor of electrical engineering and computer science, Dr. Om P. Gandhi. Apparently, members of the wireless industry tried to pressure him into misrepresenting or manipulating his research data and findings. When he refused to do this, they terminated his funding, which apparently had been provided by one of the wireless companies.
Thank you very much for your time and consideration.
Respectfully,
Jane Osborn
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Resident of Los Altos
E. Jane Osborn, Ph.D. Nationally Certified School Psychologist, NCSP 24709. Licensed Educational Psychologist, LEP 1610. Cognitive and Developmental Psychology. Cell: 650-346-6390. Land Line: 650-967-5167 (Preferred Option) On Tuesday, June 14, 2022, 6:44:54 PM PDT, Jane Osborn <[email protected]> wrote:
Dear Honorable Mayor and City Council Members,
This is a follow up to the public comments I submitted on June 13, 2022 (below). I would like to add to my previous comments, and also provide some additional reference:
ADDITIONAL COMMENTS:
• You may be wondering why the FCC has been able to get away with being so negligent and not doing their "due diligence" with regard to setting their standards in 1996 and in regard to not reassessing and updating these outdated standards.
It is a widely held belief that the FCC is a "Captured Agency," that has a long history of conflicts of interest.
Captured agencies have been defined as being"....essentially controlled by the industries they are supposed to regulate." It has been noted that "...the entire system is greased by the free flow of executive leadership between the FCC and the industries it presumably oversees." (Alster, Chapter 1) There are at least two recent examples of this. More recently, the FCC was headed by Ajit Pai, from January 2017 to January 2021. Mr. Pai previously was an attorney for Verizon.
Apparently he was well known for being fiercely anti-regulatory, despite the fact that he was heading a supposedly regulatory agency. His predecessor was Tom Wheeler, who was appointed to head the FCC in 2013. Mr. Wheeler previously had headed two very powerful telecommunications industry lobbyist groups, the CTIA and the NCAA. Apparently the FCC long has had an open door policy for lobbyist, as opposed to scientists and other non-lobbyists (who typically would have to wait a couple of months to get an appointment). It is reported that industry lobbyists are "...at the FCC's door day and night." (Alster, Chapter 1) Apparently the industry boasts about the fact that it typically has about 500 meetings with the FCC per year. (Alster, Chapter 4)
• The telecommunication industry does not have a good track record for being concerned about public health and safety.
I gave one example of this in my public comments at the PC meeting held on March 17, 2022. Earlier this year, the FAA requested that the wireless carriers postpone their roll out of 5G, at least in areas near airports, due to concerns on the part of pilots and the FAA that the 5G transmissions might interfere with the safe operation of the altimeters on planes. Initially, Verizon and AT&T both refused this request. Eventually, they backed down and came to an agreement with the FAA.
The most sinister and consequential example of a lack of concern for public health and safety is the apparent, reported active suppression, discrediting or down-playing of legitimate scientific findings, and attempts to bully scientists. (Alster, Chapter 4) It has been reported that "...'war gaming' researchers who come up with unfavorable results have been persistent themes with this industry." (Alster, Chapter 4) Also, it is well known that this industry uses "intimidation tactics," lawsuits and "bullying tactics," against cities and scientists (for example). It is reported that "This is a very rich industry that does not hesitate to outspend and out bully challengers into submission." (Alster, Chapter 4)
• In a previous comment, I made reference to the fact that a plastic mannequin's head has been used as a tool for testing safety of wireless devices (i.e. cell phones). I would like to provide some additional information. The plastic mannequin head is referred to as SAM--i.e. Specific Anthropomorphic Mannequin.
Apparently this device still is in use but has been highly criticized by many scientists due to the fact that it does not duplicate real world conditions of the head and brain. It is filled with a fluid that is supposed to duplicate average electrical properties of the head, and measure specific absorption rate of non-ionizing radiation. Scientists have pointed out that this process "... cannot indicate differential absorption of specific brain tissue, nor absorption in small children and smaller adults." (Gandhi, 2012 ). One criticism is that it does not duplicate tissue and organs of the head and brain, and does not represent the range of head and brain sizes that exists in the human population. The plastic head (SAM) is a "one size fits all" that was based on the size of a 220 pound man (which represents about 3% of the population)--since originally it was developed decades ago for use by the military with regard to military personnel using radar.
Scientists feel that this process vastly underestimates the real world Specific Absorption Rate (of non-ionizing radiation or SAR) in children and small women. It has been noted that "As head size decreases, the percentage of energy absorbed in the brain increases, so higher SAR in children's brains can be expected. (Gandhi, et. al. 2012). 233
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For example, research done in 1996 with MRI scans in 5 and 8 year old children indicated that the specific absorption rate of non-ionizing radiation is 2 times higher in children compared to adults. (Gandi, et. al., 2012). • IN SUMMARY, in view of the FCC's apparent failure to protect public safety adequately, it seems ironical that according to the city's wireless team consultant, cities supposedly are not allowed to make a finding of negative declaration of environmental impact, including on the human environment, because the FCC has deemed that there is no environmental impact.
Apparently cities are required to defer to an agency that has been found by a court to have failed to show evidence that the devices they regulate are safe. Cities are required to defer to an agency that appears to have been negligent, or possibly even has been guilty of malfeasance, at times. At the same time, cities are obligated ethically and by the State of California to determine that an ordinance will not harm the environment, including humans. Cities appear to have been placed in a no-win, "catch 22" situation. In spite of this, there are cities all over the country who have made a valiant, courageous effort to protect their residents and other inhabitants, which is their ethical duty, by writing ordinances that suggest they are not blindly accepting the FCC standards or totally caving in and deferring to the demands of the wireless carriers.
I would like to repeat my request that the city increase the distance between small wireless facilities. Even a 500 foot distance between devices would be safer and less deleterious than a 200 foot distance, and would appear to be more typical of what is seen in the ordinances of other cities that my husband and I have looked at.
Also, I would like to request that these facilities not be placed as close as 10 or 25 feet from a residential dwelling unit, due to the apparent hazards related to risk of fires, potential (probable) harm from wireless radiation, and deleterious effects on health and cognitive functioning from noise emissions that will be posed by having these devices so close to dwellings where people, including vulnerable children and seniors, are living and sleeping.
ADDITIONAL REFERENCES (Partial):
• CAPTURED AGENCY: HOW THE FEDERAL COMMUNICATION COMMISSION IS DOMINANTED BY THE INDUSTRIES IT PRESUMABLY REGULATES; Norm Alsters, Published by Edmund J. Safra Center for Ethics, Harvard University. (Note. I did not find the date of publication, but the author cites references as recent as 2015.) https://ethics.harvard.edu/files/center-for-ethics/files/capturedagency_alster.pdf • VERIZON AND AT&T DECLINE REGULATORS' REQUEST TO DELAY NEW 5G SERVICES; New York Times, January 2022
Verizon and AT&T Decline Regulators’ Request to Delay New 5G Services • AIRLINE INDUSTRY PANIC PROMPTS AT&T AND VERIZON TO BACK DOWN ON 5G, CRITICIZES FAA OVERSIGHT, Fortune Magazine
Airline industry panic prompts AT&T and Verizon to back down on 5G, criticize FAA oversight • EXPOSURE LIMITS: THE UNDERESTIMATION OF ABSORBED CELL PHONE RADIATION, ESPECIALLY IN CHILDREN, Om P. Gandhi et. al., Electromagnetic Biology and Medicine, 31(1): 34-51, 2012 https://ehtrust.org/fcc-and-icnirp-limits-do-not-protect-people-of-the-environment-from-cell-phone-radiation-health-effects/ • FCC and ICNIRP Limits Do Not Protect People of the Environment From Cell Phone Radiation Health Effects - Environmental Health Trust
Thank you very much for your time and consideration.
Respectfully,
Jane Osborn
Resident of Los Altos
E. Jane Osborn, Ph.D. Nationally Certified School Psychologist, NCSP 24709. Licensed Educational Psychologist, LEP 1610. Cognitive and Developmental Psychology. Cell: 650-346-6390. Land Line: 650-967-5167 (Preferred Option) On Monday, June 13, 2022, 3:27:35 AM PDT, Jane Osborn <[email protected]> wrote:
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Dear Honorable Mayor and City Council members,
At the May 10th, 2022 council meeting, I had the honor of being able to make a public comment. Below is a written transcript of my comments. In addition, I am making some further comments and providing a partial list of references. ............................................................................................
Written Transcript of public comment made to the City Council on May 10th, 2022, in regard to item #9, Wireless Ordinance:
"Honorable Mayor and Council,
Since the FCC has never produced adequate scientific evidence that these newer wireless technologies are safe, I urge the council to err on the side of caution, since resident's health and well being may be negatively impacted.
In particular, I would like to ask the council not to allow these facilities to be placed as close together as one every 200 feet.
Please stick to the original proposal for a 1000 foot distance between facilities, including facilities from multiple carriers. No one residential block or street or neighborhood should have to endure or be inflicted with this high of a density--basically one in front of every 3 houses.
My husband and I and many other residents feel that no residents should have to serve as lab rats, and be enrolled in an experiment involuntarily, without their consent--in order for the cell carriers to make even more billions in profits every year.
I agree with Dr. Cindy Russell's assertion that the carriers have created a "manufactured" sense of need for the newer 5G technology. As a psychologist, I have recognized some of their tactics, such as using fear-based emotional manipulation to get people to think they absolutely have to have this latest technology--or they will be left behind.
For the benefit of members of the public who may be new to this issue, I would like to read a statement made by:
Joel Moskowitz, PhD, Director, Center for Family and Community Health, at the UC Berkeley, School of Public Health.
Dr. Moskowitz stated:
" We are guinea pigs in a massive technological experiment that threatens our health. Our government needs to determine what constitutes a safe level of long term exposure to wireless radiation and strengthen the FCC's radio frequency exposure guidelines. In the meantime, the government should impose a moratorium on technologies that increase our exposure to wireless radiation, especially new forms of wireless radiation like 5G cellphone radiation." These were Dr. Moskowitz' concluding remarks to a presentation during which he discussed the apparent negative biological and health effects of wireless radiation.
Thank you."
.......................................................................................
If there had been more time, I would have added this comment on May 10th:
I urge you to please take all the time you need to make these decisions. Once these facilities are placed, residents will have to suffer the negative consequences for several years, including possible negative effects on their health and well being.
ADDITIONAL COMMENTS:
There are indications that the FCC has not done their "due diligence," and has been negligent or derelict in their duty to protect the public health, possibly for decades.
• There appears to be a widely held belief that even back in 1996, the FCC did not provide adequate scientific evidence at the time to demonstrate that even the earlier technologies were safe, when they developed their standards for wireless technology. It has been reported that the FCC only considered thermal effects of wireless radiation, and only for short periods of time that did not duplicate "real life" conditions. Among other things, apparently, they did not consider the effects of non-thermal, non-ionizing radiation on the environment, including on the human environment, when they developed their standards for wireless technology in 1996. Furthermore, they did not consider the "real life" effects of "pulsing and modulation of the carrier signal."
Also, it has been reported that the FCC "cherry picked" their evidence; ignored or did not consider significant amounts of available scientific evidence, including evidence based on research done in other countries; and may have "suppressed" evidence. Apparently, they relied on experiments that did not even begin to duplicate "real world" or "real life" conditions.
For example, in one of the worst examples, it has been reported that they relied on the results of a study in which a plastic 235
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manniquin head was filled with salt water, and then a cell phone was held up to the plastic head for some period of time (which was not long or sustained) to see if this caused a raise in the temperature of the water inside the plastic head. Would you want to rely on a study with such crude methodology to determine that a technology is safe "in real life," or to determine safety standards?
• It appears the FCC also has ignored requests from government agencies, as well as from members of Congress and the Senate, to reassess their procedures and standards, or to provide evidence that wireless technologies are safe.
For example, in 2012, the Government Accounting Office (GAO) recommended that the FCC reassess their standards and procedures to reflect "real world" use of cell phones, and to be based on the latest scientific evidence. In 2013, the FCC then started an official inquiry into whether or not their wireless standards should be updated. Apparently, they opened a public comment period, during which it is reported that they immediately received thousands of pages of scientific evidence and received comments from at least 80 distinguished scientists from around the world expressing concerns. It is reported that shortly thereafter, the FCC then closed the comment period and terminated any further effort to re-assess or update their standards.
In December 2018, Congresswoman Anna Eshoo, Chair of the House Subcommittee on Health, and Senator Richard Blumenthal, wrote a formal letter requesting that the FCC provide scientific evidence that 5 G wireless technology is safe.
Apparently, their request was ignored, and they never received the requested response. • A lawsuit against the FCC-- Environmental Health Trust, et. al. versus the FCC and USA (No 20-1025)--was argued on 1/25/21 and decided on 8/13/21, in a US Court of Appeals, DC Circuit.The court found that the "...FCC had failed to provide a reasoned explanation for it's determination that it's existing radio frequency (RF) exposure regulations were adequate to ensure public safety in light of evidence presented to the FCC regarding health impacts posed by various technology developments since 1996, including the ubiquity of wireless devices and WiFi, and the emergence of 5G technology."
https://www.cadc.uscourts.gov/internet/opinions.nsf/FB976465BF00F8BD85258730004EFDF7/$file/20-1025-1910111.pdf One implication of this decision is that presumably the FCC will be required to re-assess and update their wireless standards, based on scientific evidence.
A further implication of this court decision is that the FCC had not done it's due diligence, and appears to have been remiss or negligent in regard to their obligation to determine appropriate safety standards based on scientific evidence, and to protect the safety of the public.
There currently is legislation pending that would return more local control to cities and states over wireless facilities:
• On January 14, 2019, HR530, was introduced by Congresswoman Anna Eshoo in the House of Representatives, which garnered 52 co-sponsors, including Jackie Speier, who was the first representative to sign on as a co-sponsor. This bill seeks to preserve or restore local rights of state and city governments. • On June 27, 2019, a similar bill, S.2012, was introduced in the Senate by Senator Diane Feinstein. This bill seeks to repeal the regulations adopted by the FCC that preempt local control related to installation of small wireless facilities. This bill is supported by the National League of Cities and the League of California Cities.
REFERENCES (Partial List):
• THE LARGEST UNETHICAL MEDICAL EXPERIMENT IN HUMAN HISTORY, Ronald N. Kostoff, Ph.D., Research Affiliate, School of Public Policy, Georgia Institute of Technology, copyright 2020. https://smartech.gatech.edu/bitstream/handle/1853/62452/LARGEST_UNETHICAL_MEDICAL_EXPERIMENT_FINAL.pdf I stumbled on this massive, comprehensive review three days after I made my comments to the council on May 10th, 2022.
It is very apropos with regard to my concern that we are lab rats in an experiment to which we never gave informed consent.
Among other things, this article provides a very comprehensive look at staggering amounts of research that show negative biological and health effects from wireless radiation. The author provides hundreds of pages of research titles, organized into themes, as well as hundreds of pages of references.
• CELLPHONES, CELL TOWERS, AND WIRELESS SAFETY; Joel Moskowitz, PhD, Director, Center for Family and Community Health, School of Public Health, U. C. Berkeley; Presentation given on February 27, 2019. https://uhs.berkeley.edu/sites/default/files/cellphonescelltowerswirelesssafety.pdf • 5G AND THE FCC: 10 REASONS WHY YOU SHOULD CARE, Sharon Buccino. Attorney and Senior Director for 236
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Natural Resources Defense Council (NRDC), Feb. 13, 2019. https://protectnepa.org/5g-fcc-wireless/
• 5G COMING TO YOUR NEIGHBORHOOD, Sharon Buccino, NRDC, June 10, 2020. https://www.nrdc.org/experts/sharon-buccino/5g-coming-your-neighborhood • https://www.actu-environnement.com/media/pdf/news-29640-appel-scientifiques-5g.pdf • https://www.cadc.uscourts.gov/internet/opinions.nsf/FB976465BF00F8BD85258730004EFDF7/$file/20-1025- 1910111.pdf
• CONGRESSWOMEN ESHOO AND SPEIER INTRODUCE HR 539 TO BLOCK FCC CELL TOWER PREEMPTION:
Physicians for Safe Technology, January 22, 2019.
https://mdsafetech.org/2019/01/22/congresswomen-eshoo-and-speier-introduce-hr-530-to-block-fcc-cell-tower-preemption/ Thank you very much for your consideration.
Respectfully,
Jane Osborn
Resident of Los Altos
E. Jane Osborn, Ph.D. Nationally Certified School Psychologist, NCSP 24709. Licensed Educational Psychologist, LEP 1610. Cognitive and Developmental Psychology. Cell: 650-346-6390. Land Line: 650-967-5167 (Preferred Option) 237
Agenda Item # 9.
From: Gabriel Engeland
To: Public Comment
Subject: Fw: wireless utility infrastructure
Date: Wednesday, June 29, 2022 7:26:10 PM
Thanks,
Gabe
Gabriel Engeland
City Manager
City of Los Altos
(650) 947-2740 | www.losaltosca.gov
From: David Roode t>
Sent: Wednesday, June 29, 2022 6:07 PM
To: City Council <[email protected]>
Subject: wireless utility infrastructure
I have been amazed over the time that the so called "5G" concerns have been discussed by the council that there has been so little accurate context as to what is going on by the various potential applicants. The installations that were held up were in fact for 4G/LTE service, as opposed to 5G.
They were undoubtedly held up, but this was only 1 site for Verizon. For AT&T the distributed installations that were held up were for 12 sites. AT&T has an existing distributed
installation in Los Altos (1 in Mountain View) for 4 sites but these operate in concert to effectively constitute a single area of service. AT&T also has a set of these involving 4 sites in Los Altos Hills not far from downtown Los Altos. All 8 AT&T pole sites have been in use for quite a while now.
Meanwhile, T-mobile has proceeded to prepare several different locations that are actually likely intended for 5G service--but not primarily for cell phones, but instead for home internet service.
These sites are visible at multiple locations along
El Monte for at least one branch of new network service. What T-mobile installed involved underground horizontally bored fiber installation connecting several new underground equipment vaults located in the public right of way along the road.
None of the discussions of the past seem to consider the issue of locating equipment where it is potentially quieter, as in below the ground, buried. Of course, there has to be an above ground antenna too, but this makes no noise at all.
For that reason, it seems to me that what has been considered is too restrictive and also not general enough to match the true installations that can be expected in the future.
Besides Tmobile's new installations for 5G it appears that they and their acquisition Sprint have also installed a number of 238
Agenda Item # 9.
older cell service sites that are completely undetected by community members. This means they are non intrusive, which is a good thing, compared to the noisier sites from AT&T. How does the proposed ordinance distinguish between the 2 cases-- noisey and not noisey?
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1 North San Antonio Road
Los Altos, California 94022-3087
M E M O R A N D U M
DATE: 6/28/22
TO: Council
FROM: Youth Commission Interview Committee
SUBJECT: YOUTH COMMISSION APPOINTMENT FY 22/23
The Youth Commission Interview Committee, composed of Mayor Anita Enander and Council Member Jonathan Weinberg, recommends the following students be appointed for the terms shown.
Incoming school year and school shown for each. * indicates incumbent recommended for reappointment. The 1-year appointment will restore a balance of year-ends so that 5 terms end in 2023 and 6 terms end in 2024.
1-year term:
Boladale Erogbobo* (12, St. Francis)
2-year terms:
Aarthi Venkatraman* (11, LAHS)
Sander Vonk* (11, MVHS)
Caroline (Pixie) Ma* (11, MVHS)
Humza Dalal (10, Homestead)
Serina Cao (11, LAHS)
Talinn Hatti (10, Nueva)
The following students have one more year on their current terms:
Lauren Jene (Castilleja)
Juliana Stueve (MVHS)
Rohan Parikh (Homestead)
Hanna Mills (LAHS)
240
Agenda Item # 10.
Reviewed By:
City Manager City Attorney
__GE__
Finance Director
_JH__ _JH__
CALENDAR
AGENDA REPORT SUMMARY
Meeting Date: June 28, 2022
Subject Consider approval of Proposed Four-Story Multiple-Family Residential Project at 355,365,371,373 First Street; adopt mitigated negative declaration for project
Prepared by: Sean K. Gallegos, Senior Planner
Reviewed by: Nick Zornes, Community Development Director Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Resolution No. 2022-XXX
2. City Council Minutes, February 8, 2022
3. City Council Agenda Report and Attachments, February 8, 2022
4. Table with Responses to City Council Comments
5. Applicant Cover Letter
6. Updated Full Project Plans
Initiated by:
Applicant, 355 1st St LLC
Previous Council Consideration:
None
Fiscal Impact:
The project will result in the following estimated financial contributions to the City’s special revenue funds:
Park in-Lieu Fees: $195,200 ($48,800/multiple-family dwelling unit) Traffic Impact Fees: $16,636 ($4,159/multiple-family dwelling unit) Los Altos Public Art Fund: one percent of construction costs, up to $200,000 Environmental Review:
On November 2, 2021, a Notice of Intent to Adopt a Mitigated Negative Declaration was filed with the County Clerk for a twenty (20) day comment period. No comments were received for this project and the environmental document indicates that the proposed project has the potential to result in significant adverse environmental impacts. However, the mitigation measures identified in the initial study would reduce the impacts to a less than significant level. There is no substantial 241
Agenda Item # 11.
Subject: Proposed Four-Story Multiple-Family Residential Project at 355 First Street June 28, 2022 Page 2
evidence, in light of the whole record before the lead agency (the City of Los Altos) that the project, with mitigation measures incorporated, may have a significant effect on the environment. Please review Attachment 6 (Mitigated Negative Declaration) in the Joint Planning/Complete Streets Commission Agenda Report (Attachment 3) for further details.
Policy Question(s) for Council Consideration:
Does the proposal meet the required findings for design review and subdivision per the Los Altos Municipal Code?
Summary:
The Project includes the demolition of six existing commercial buildings and one existing single-family residence, and the construction of a new four-story multiple-family building with 50 condominium units, two levels of underground parking with 113 parking spaces, 34 interior bicycle parking spaces, and a private rooftop area. The Project will replace the existing sidewalk along First Street and Whitney Street and will be required to add two new ADA ramps and crosswalk striping per the City standards on the northeast and southeast corner of the intersection with First Street and Whitney Street.
The Project proposes seven (7) dedicated below market rate units with three (3) at the moderate-income level and three (3) at the very low-income level. Since the project is providing 8% of the units at the very low-income level, it qualifies for one (1) density bonus concession / incentive.
The Project was reviewed by the Complete Streets and Planning Commissions. The Complete Streets Commission and the Planning Commission recommended approval with specific modifications.
Planning Commission Recommendation:
Move to approve Resolution No. 2022-____ which:
1. Adopts the Initial Study, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and
2. Approves Design Review application D21-0003 and Subdivision application TM21-0001 for a new 50-unit multiple-family development at 355 First Street. 242
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Purpose
Consider the recommendation from the Planning Commission and Complete Streets Commission and evaluate whether the project complies with the Los Altos Municipal Code requirements for design review and tentative subdivision map approval and furthers the City’s efforts of providing for the production of housing, as reflected in the Goals, Policies, and Programs of the Housing Element and other elements in the Los Altos General Plan.
Background
On February 8, 2022, the City Council held a public meeting to consider the proposed Project.
Following a presentation from the applicant and comments from members of the public, the Council discussed the proposal. The City Council voted unanimously to continue the item and gave direction to explore the following:
1. Recommends the creation of a subcommittee of the Planning Commission to work through the Commission’s recommendation. After subcommittee work is done, it will be returned to Council.
2. Supports the waiver to allow for a building height to allow the elevator to be 17 feet six inches when the code prohibits roof top structures taller than 12 feet in height.
3. On the roof deck, the second density bonus request relies on the roof deck. Without the roof deck, we would not have the second waiver request for the elevator shaft. The council member has not made a decision whether to support the granting of the waiver.
4. Concerns with second waiver for rooftop, if the building could have been setback more and create more area for open space.
5. A reevaluation of floor heights (I think meant plate height) should be considered.
6. Supports a waiver for the off-street parking space width to be reduced from nine feet to
8.5 feet for twelve parking spaces.
7. The applicant and architect advised the focal point of the building is first and Whitney, we are not convinced it should be the focal point. This building is right at the crossroads of entry points into the city, if you're entering from San Antonio Road or First Street, the building is very drab and unappealing. The building should more attractive and welcoming, such as is the corner of Whitney Street and First Street is currently.
8. The overall mass and bulk needs to be addressed. When you look at the building and consider that First Street is not a wide street, we need to work on articulation and setback to make it more appealing. (NF). The building is bulky and massive, and it doesn’t look like it belongs in Los Altos or on First Street (AE).
9. In other buildings approved, where we had an all residential. We had a significant or different design difference or variation at third and fourth floor to bring down human or 243
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pedestrian scale. We do not have this with the proposed building design, instead, it is highly vertical and a uniform look. It has the appearance of a “Lego building," like it’s built with Lego blocks.
10. In regard to bulk and mass, some of the banding that is used and the composite wood siding that wraps around Whitney Street and First Street at the first and second story has the effect of making the entire building look like one block or mass, irrespective of the subtle differentiation in setback or articulation, it is undone by the material and mass.
11. The floors are all the same. While the building is built out at the upper stories to provide depth to create the perception of setting back the third and fourth floor, when in fact there isn't really any setback along the floors. That has to get better.
12. The building design should have vertical elements at the property line or at an easement.
13. The building appears to be least pleasant of all the buildings approved on First Street.
14. The building design is uninviting.
15. The entrance is not at the pedestrian scale with the entrance awning well up at the second story. It would be the only property on the street with such a high or tall entrance.
Furthermore, the entrance is very sterile in appearance.
16. Recommends staff look at all the examples that were in the downtown building committee report, which was adopted in total by the Council. The report provides examples for First Street, which stated "Do this, Not That". She encourages the applicant to review the examples in the report for the kinds of entrances that should occur on First Street that would make the entries warm, inviting, village-like, and make it Los Altos.
17. The parapets add to the height, and they call attention to the height of the building.
18. The eave projections add to feelings of mass.
19. The courtyard is not an amenity, and it is not a Zen space. The space is going to be rather noisy and dark, and it appears very tomb-like.
20. Supports improving the courtyard and is puzzled by it. It didn't appear to be a useful space.
21. The windows appear industrial, and they should complement the residential (multi-family building)
22. The windows go in a column up, and the entire look of the building is uniform. It does not have the kind of articulation and differences as we envisioned with 50-foot/75-foot modules on First Street.
23. Does not support the glass railing (JW). Questions whether the material is appropriate (NF). The glass is a safety hazard for wildlife (LLE). The balconies, we need to lose the glass. It doesn't belong (AE).
24. In regard to the roof amenity, there are two perspectives: 1) If we go back to our general plan, it states the FAR should be no greater than 2.0:1.0. the proposed project is almost
3.0: 1.0, the reason there isn't a place for people to play is the applicant has packed and 244
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stacked the units as densely as possible. while she appreciates and agrees we add housing, the applicant has made a decision to add some two bedroom and three-bedroom units, which means the building is maxed out the space for the building. As a result, you are left with the light well (she is worried about it).
25. A lesson learned from 100 First Street, a planter wall proposed immediately adjacent to the sidewalk has the effect of reducing the size of the sidewalk and for that reason the Council has insisted that other buildings on First Street not have a vertical element immediately at the edge of the sidewalk, at the property line, or at an easement. There needs to be landscaping between a sidewalk and a planter to soften the appearance and create an inviting pedestrian appearance.
26. The City has a long-standing practice to distribute the below market-rate units equitably, and the current proposal does not appear to equitably distribute the below market rate units throughout the building.
27. The Below Market Rate Unit should not be adjacent to the designated trash pickup area.
28. Supports increasing the number of below market rate units.
29. Can we have a requirement for the below market rate units to be held in perpetuity, and have it revert to a certain number of years.
30. In reviewing the law, it was found that the State Density Bonus law states that if a waiver will preclude the construction of the density proposed for the project…? We do need some very clear direction on when there is an optional amenity that does not otherwise impact the number of units or size of units being proposed. What are the parameters that allow us to deny, or if we must approve a waiver for the amenity?
31. Supports the incorporation of charging for electric bicycles at each bicycle locker. Electric bicycles are a key component of the Climate Action and Adaption Plan.
32. Supports the addition of more electric vehicle charging stations. The project shall indicate the type of EV chargers for each space. Recommends level 2 electric vehicle charging stations for each unit.
33. A materials board with physical materials shall be provided for the project.
Discussion/Analysis
Project Revisions
The Applicant has provided a revised plan set that incorporate changes based on comments provided at the February 8, 2022, City Council meeting. Staff has provided a table (Attachment 4) outlining the City Council comments from February 8, 2022, and the responses from the City Attorney, staff and the applicant regarding City Council comments. 245
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A cover letter has been submitted by the Applicant is included in Attachment, which explains the design revisions that were made to address the Commission’s concerns. The revised design plans are included in Attachment 6.
Downtown Vision Plan
The Downtown Vision Plan (Vision) is a community-based effort to provide the Los Altos community with a vision for the future of the Downtown Triangle to guide growth and development over the next 20 years. The Vision acts as the guiding document for future development of the Downtown, maintaining the community’s history, values, and desired intensity of development, while also allowing for incremental change intended to facilitate a unique, vibrant village that exemplifies the exceptional character and qualities of Los Altos.
As it relates to the proposed project, the Vision provides guidance with regards to land use policies including economic and housing, built environment/development standards, and circulation. The proposed project is within the First Street District which is envisioned to have a variety of uses with enhanced pedestrian and vehicular facilities to attract people towards the Downtown center.
It encourages new development to anticipate and design for mixed-use development with groundfloor commercial including high quality façades with residential above. Residences in the downtown will likely be supportive of increasing affordable units in Los Altos by either directly providing income restricted or units that are more affordable by design (i.e., smaller units). With regards to the built environment, the Vision allows for taller buildings up to three-stories but encourages upper floors to be stepped back to increase the articulation and massing of the upper story. The Vision identifies pedestrian and bicycle facilities as a key attribute of the Downtown and the community’s expressed concern for further improvements. The First Street corridor was specifically identified as having opportunities to improve the pedestrian, bicycle, and vehicular movements to facilitate movements in the Downtown.
The proposed Project supports the overall goals of the Vision since it seeks to redevelop the site and provide for more intense residential density, which is anticipated and encouraged in the Downtown. The Project will include replacing the commercial office space with a 50-unit fourstory multiple-family development, with the one-, two- and three-bedroom units being more affordable by design. The Project is seeking a height incentive to allow a 46-foot height, which would require the project to exceed the maximum height limit of 35 feet by 11 feet (on-menu).
Along the first to third floor, the building elevations along Whitney Street and First Street were shifted outward to create a more visual step-back of the upper floor. The Project will improve the visual appearance of the site by removing the older commercial buildings, the wider sidewalk, installing a variety of front yard landscaping, and providing for visually appealing architectural detailing including a variety of exterior materials and the awning over the building entrance. The Applicant proposes to install bicycle parking in front of the building, which is quite limited along the existing street corridor, but improving with each new recently approved development.
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Design Review Findings and Guidelines
To approve the Project, the City Council must make positive design review findings as outlined in Section 14.78.060 of the Municipal Code (see the Resolution in Attachment 1). In addition to complying with the standard design review findings, the Project must address the CD/R3 District’s Design Controls (Section 14.52.110).
Overall, the Project reflects a desired and appropriate development intensity for the CD/R3 District and within the First Street District as outlined in the General Plan and the Downtown Vision. The multiple-family development provides for one, two- and three-bedroom market-rate housing units that are more affordable by design as compared to single-family housing that is the predominant housing type in Los Altos and will contribute to the commercial vitality of the Downtown. The new building will improve the streetscape and has incorporated design elements that support the residential use.
The revised architectural design uses a variety of elements to break up the bulk of the structure including building articulation, segmentation, balconies, and a mix of exterior materials. Overall, as evidenced in this discussion, and as further supported by the findings contained in the resolution (Attachment 1), the project meets the City’s required design review findings and zoning district design controls. That being said, after the City Council considered the design at their February 8, 2022 meeting, they recommended specific design elements to address, which is further described in the attached table (Attachment 4) and in the section that follows.
The revised proposal improved the building’s architectural integrity and relationship with a more village scale and character found in the immediate area in terms of height, bulk and design. The elevations along First Street and Whitney Avenue were modified with new two-story wall planes stepping forward with trespa meteon siding to improve its cohesiveness with the overall building and deemphasize the focal point of the corner and keep focal elements small in scale.
The building design breaks up the larger “block-like” façade by incorporating greater articulation and increased segmentation with smaller vertical elements, the introduction of full height recesses, increased step back at the fourth floor, and variation in color and materials. The fourth-floor step back was achieved by first through third floor wall planes being moved forward to improve the step-back of the fourth floor.
The building entrance is clearly identifiable, but the entry is not consistent with a smaller scale and village character. The applicant revised the entry to improve the pedestrian scale of the entrance by modifying the size of the window system. However, the entry continues to have an out-scale appearance due to the proportion of the windows and 1.5-story awning height emphasizing a greater scale, which does not reinforce the pedestrian scale of the entry. The City Council can condition the design of the entry in a manner that does not deny the project or reduce the density but improves the pedestrian scale of the entry.
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The patio spaces at the lower-level step in and out and have cantilevered elements above that provide a sense of habitation as well as relating to human scale at the ground level. The second level balconies are recessed into the façade to provide a covered outdoor space while the upper balconies step back to break up the building massing with depth and a material change.
The exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements. The exterior materials for this project reflect not only the architectural style of the building, but high-quality durable materials as well.
A clean lined modern stone veneer is used at the planter elements to define the base of the building.
The horizontal siding material layered with the panels defines a base and creates a layered effect to break down the building mass. These materials along with the selected color palette provide a rich street presence that is harmonious with surrounding buildings both old and new. A materials board is provided as Attachment No. 5, and a physical materials board is available for review at City Hall.
The landscape plan was not altered in the revised plan and continues to appear generous and inviting. The building along First Street has been set back a minimum of 10 feet from the property line providing a constant band of landscape planters integrated into the front of the building. In addition to this landscape buffer, there are street trees planted at regular intervals within the City right of way to provide a shaded pedestrian experience as people walk towards downtown. The maximum amount of landscaping is provided with a layering of planter wall heights. Bike racks and benches are provided. Street trees are proposed on First Street and the Alley. The existing street trees on Whitney Street are proposed to remain.
As recommended by the VTA guidelines, the project will be required to provide a minimum of one Class I (bike locker) space must be provided for every 3 units and one Class II (bicycle rack) space must be provided for every 15 units. This equates to 17 Class I spaces and 4 Class II spaces.
The applicant increased the number of Class I spaces from 34 to 65 spaces, with 6 Class II spaces, exceeding the standards. See sheet T2, A07 and A10 of the submitted plans for details.
The Downtown Design Guidelines (adopted December 8, 2009) and the more recently adopted Downtown Vision Plan provide additional criteria and guidelines for new development to ensure that high quality materials are utilized, appropriate scales and massing are incorporated, and overarching Downtown characteristics are preserved and maintained. An architectural peer review report, which includes a summary of the Downtown Design Guidelines for the First Street District and a critique of the architectural design, was completed for the project is shown as Attachment 5 in the Complete Streets Commission/Planning Commission Agenda report (Attachment 3). Based on City Council comments, the Applicant chose to revise the design based on the architectural peer review report as conveyed in Table 1 below.
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Table 1: Peer Review Summary
Third Party Review Project Modification
Set back the fourth floor The fourth-floor step back was achieved by first through third floor wall planes being moved forward to improve the step-back of the fourth floor. Balconies step back the fourth floor. The wall planes are varied at the fourth floor to pull it back from the third floor.
Enhance the ground floor The revised proposal improved the building’s architectural integrity and relationship with a more village scale and character found in the immediate area in terms of height, bulk and design. The elevations along First Street and
Whitney Avenue were modified with new two-story wall
planes stepping forward with trespa meteon siding to
improve its cohesiveness with the overall building and
deemphasize the focal point of the corner and keep focal elements small in scale at the lower floors. The project provides new sidewalk along First Street and Whitney Street with street trees, benches, bicycle racks, and extensive landscape planters, all of which contributes to an enjoyable walking experience for people headed downtown.
Landscape design has extensive landscape planters along First Street enriching the 10-foot setback / buffer zone between the sidewalk and the building. Planters were
stepped to provide a softer, human-scale, residential look.
Modify the corners and trellis
of the building
The elevations along First Street and Whitney Avenue
were modified with new two-story wall planes stepping
forward with trespa meteon siding to improve its
cohesiveness with the overall building and deemphasize
the focal point of the corner and keep focal elements
small in scale at the lower floors. The revised design
breaks up the larger “block-like” façade by incorporating greater articulation and increased segmentation with
smaller vertical elements, the introduction of full height recesses, increased step back at the fourth floor, and
variation in color and materials. The windows were
revised to be symmetrical and more residential as to
address the City Council comment.
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Third Party Review Project Modification
Garage Entries-the currently
proposed façades related to the
garage entry would benefit from
some additional design attention
The garage entry element has been integrated into the
design composition of the rear elevation to minimize it as a focal point. Wood cladding added to stair tower to
accentuate and draw attention to the vertical circulation of the building.
Condition No. 19 has been added due to the entrance not being at the pedestrian scale with the entrance awning well up at the second story. The condition is provided below:
Condition No. 19: The applicant shall work with the Community Development Director to reduce the scale of the entry along First Street to be consistent with the smaller scale and village character of the downtown by lowering the awning height to the first story and revising the window and door system to be consistent with the size and pattern of the windows for the residential units.
Overall, as evidenced in this discussion, the discussion in the City Council Agenda report (Attachment 3), and as designed and conditioned, and as further supported by the findings contained in the resolution (Attachment 1), the project will meet the City’s required design review findings and zoning district design controls.
Affordable Housing - Density Bonus and Development Incentives Chapter 14.28 of the Municipal Code requires a minimum of 15 percent of the units be affordable, with a majority of the units designated as affordable at the moderate-income level and the remaining units designated as affordable at the low or very-low-income level. With a base density of 39 units, the project must provide 5.85 (rounded up to six) affordable units. Since the applicant is proposing seven unit, the project is in compliance with the City’s Affordable Housing Ordinance. Table 2 below breaks down the proposed unit types and sizes for both the affordable and market rate units for consideration by the Council:
Table 2 – Affordable and Market-Rate Unit Breakdown
Unit Type Affordability
Affordable Studio 1 (very low income)
1- bedroom 3 (2 very low-income +
1 moderate-income)
2-bedroom 3 (moderate income)
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Unit Type Affordability
Market Rate Studio 1
1-bedroom 4
2-bedroom 27
3-bedroom 11
Total 50
Four moderate-income units are required to comply with the City’s Inclusionary Housing Ordinance, Los Altos Municipal Code Section 14.28.020. By the applicant providing four moderate income units, the project is complying with the City’s Affordable Housing Ordinance requirement to provide the majority of units at the moderate-income level.
Housing Element program 4.3.2 requires that affordable housing units generally reflect the size and number of bedrooms of the market rate units, Chapter 14.28.030.C requires that affordable units be dispersed throughout the project, and shall not be significantly distinguishable by size, design, construction or materials. In this case, the overall project is proposing four three-bedroom units. The project includes one one-bedroom and two two-bedroom units at the moderate-income level and one studio unit and two one-bedroom units at the very-low-income level. The project proposes 44 market rate units, with one studio unit, four one-bedroom units, 28 two-bedroom units, and 11 three-bedroom units. Due to the percentage of overall affordable units proposed, it appears that the proposed unit type of affordable housing units meets the intent of the program in regard to size, construction and material. However, the applicant has not equitably distributed affordable units by placing two units (29 percent of affordable units) immediately adjacent to the trash room, while market-rate units are not placed at similar locations. Therefore, the applicant has not met the intent of the program.
Condition No. 20 has been added to equitably distribute affordable units and market rate units immediately adjacent to the trash room, that the units shall be provided at the location on the approved plans, and that they shall not be significantly distinguishable with regard to design, construction or materials. The condition is provided below:
Condition No. 20: The applicant shall work with the Community Development Director to equitability distribute the market-rate and affordable dwelling units immediately adjacent to the trash room at the first and second story to not be significantly distinguishable with regard to design, construction or materials.
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Thus, as designed and conditioned, the proposed affordable housing units appear to meet the intent of the City’s affordable housing requirements
Density Bonus
Under the State’s density bonus regulations (Section 65915 of the California Government Code), the project qualifies for a 27.5% density bonus if it provides at least 8% very-low-income units, for a total of 11 units at a base density of 39 units, for a total of 50 units.
Density Bonus Concessions
Since the project is providing more than five percent of its units as affordable at the very-lowincome level, it qualifies for one development incentives per State Law and City Ordinance. To help guide incentives requested by developers and ensure that the incentives do not result in any adverse impacts, the City adopted a list of “on-menu” incentives or concessions. In this case, the project is seeking a height incentive to allow the project to exceed the maximum height limit of 45 feet by 11 feet (on-menu).
Under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040(F), the City must grant the requested incentive unless it can make specific negative findings. Under the Ordinance, the City has determined that “on-menu” incentives would not have a specific, adverse impact on public health and safety or the physical environment, which is one of three potential findings necessitating denial of the request, thus one of the following two findings would need to be made to deny the request:
The concession or incentive does not result in identifiable and actual cost reductions, consistent with the definition of “concession” or “incentive,” to provide for affordable housing costs, as defined in Health & Safety Section 50052.5, or for rents for the targeted units to be set as specified in subsection (I).
The concession or incentive would be contrary to state or federal law.
There is not sufficient evidence currently in the record to make either of the other required findings for denial, i.e., that the incentive or concession would not result in identifiable and actual cost reductions to provide for affordable housing costs or would be contrary to state or federal law.
Therefore, staff recommends the granting of the Applicant’s requests.
Density Bonus Waiver
In addition to requesting incentives and concessions, applicants may request the waiver of an unlimited number of development standards that would physically preclude the construction of a project with the density bonus and the incentives or concessions to which the development is entitled, per Government Code Section 65915(e)(1), which reads:
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In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit.
Density Bonus Waiver #1
Applicant is requesting a waiver of the development standard set forth in LAMC Sec.
14.74.200(A) which requires that perpendicular parking spaces in off-street parking facilities must have a width of no less than nine (9) feet. Based on information provided by the project architect, to provide the amount of parking proposed by the Project, the width of twelve (12) of the parking spaces was reduced to 8.5 feet x 18feet.
Density Bonus Waiver #2
Applicant is requesting a waiver to allow for a building height to allow the elevator to be 17 feet six inches when the code prohibits roof top structures taller than 12 feet in height. Based on information provided by the architect for the Project, an elevator shaft is necessary to comply with accessibility standards please see Attachment 3-(Density Bonus Report) and Attachment 4 (Elevator Shaft Details) for further details.
The waiver requests appear appropriate and reasonable for a project of this size and scope. There is sufficient evidence currently in the record that the development standard (absent the requested waiver) would have the effect of physically precluding the construction of the development meeting the criteria of the State Density Bonus Law or the Los Multiple-Family Affordable Housing Ordinance at the densities or with the incentives permitted thereunder was confirmed in the Density Bonus Report. The concession or incentive would not have a specific, adverse impact upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to very low-income and moderate-income households. Therefore, staff recommends the granting of the Applicant’s requests.
A Density Bonus Report that supports the density bonus, development incentives and waiver requests was prepared by the Applicant and is included in Attachment 2 of the Complete Streets Commission/Planning Commission Agenda report (Attachment 3) 253
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Density Bonus and Parking
Under the provisions of Density Bonus law, the project is entitled to reduced parking ratios and is only required to provide 70 parking spaces. The project proposes to exceed this requirement by providing 111 total spaces (99 regular sizes stalls (9x18 in size) and 12 reduced spaces (8.5 x18).
Subdivision
The Project includes a Vesting Tentative Map to create one lot for further subdivision with a condominium plan. The recording of a subsequent condominium plan would further allow for division of the air space for the four residential units as well as assign below grade parking spaces and other common areas. As outlined in the resolution, the subdivision is in compliance with the General Plan, is physically suitable for this type and density of development, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, is not injurious to public health and safety, and provides proper access easements for ingress, egress, public utilities and public services.
Environmental Review
An Initial Study/Mitigated Negative Declaration was prepared for the proposed project in conformance with California Environmental Quality Act. The analysis has determined that there are no significant environmental impacts with implementation of proposed mitigation measures.
On November 2, 2021, a Notice of Intent to Adopt a Mitigated Negative Declaration was filed with the County Clerk for a twenty (20) day comment period. The City received a request to be notified about projects in the city of Cupertino from the Tamien Nation, because the city is within the geographic area with which they are traditionally and culturally affiliated. The City consulted with Tamien Nation for this Initial Study/Mitigated Negative Declaration. No comments were received for this project. The Initial Study and Mitigated Negative Declaration are included in the City Council Agenda Report (Attachment 3) within Attachment 6 of the December 2, 2021 Planning/Complete Streets Commission report.
Options
1) Approve Resolution No. 2022-XX
Advantages: The project will replace underdeveloped commercial properties with a highquality multiple-family development that helps the City meet its goals for producing new housing units and is supportive of the goals of the Downtown Vision Plan.
Disadvantages: The amount of commercial building space along First Street will be reduced.
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2) Do not approve Resolution No. 2022-XX
Advantages: The existing commercial buildings on the sites will be maintained.
Disadvantages: The City will not make any progress on achieving its goals for the production of new housing units and implementation of the Downtown Vision Plan.
Recommendation
The Planning Commission and staff recommend Option 1.
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ATTACHMENT 1
Resolution No. 2022-XX Page 1 of 24 pages
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
APPROVING A DESIGN REVIEW AND SUBDIVISION APPLICATION FOR A NEW FIFTY UNIT MULTIPLE-FAMILY CONDOMINIUM PROJECT AT 355 FIRST
STREET AND A MITIGATED NEGATIVE DECLARATION
WHEREAS, the City of Los Altos received a development application from DeNardi Wang Homes for a new a 50 unit, multiple-family project, which includes design review and subdivision applications (TM21-0001; D21-0003), referred herein as the “Project”; and WHEREAS, said Project has been processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, the Planning Commission and the Complete Streets Commission held duly noticed joint public hearings on the Project on December 2, 2021 and December 16, 2021, at which all public comment was duly considered and the Complete Streets Commission recommended Planning Commission and City Council approval of the project. The Planning Commission subsequently recommended City Council approve the Project; and WHEREAS, the City Council held a duly noticed public meeting on the Project on February 8, 2022 and June 28, 2022 by law and considered public testimony and evidence and recommendations presented by staff related to the Project; and WHEREAS, the Applicant is offering seven affordable housing units for sale (one very-lowincome, two low-income and four moderate-income) as part of the Project; and WHEREAS, the Applicant’s proposed unit mix would consist of 18 percent of its base density as affordable, with eight percent of the units affordable at the very-low income level, thereby entitling the project to qualify for a density bonus, one incentive and additional concessions pursuant to Los Altos Municipal Code Section 14.28.040 and Government Code Section 65915, et seq.; and
WHEREAS, the Applicant is seeking one incentives under Government Code Section 65915(e) and Los Altos Municipal Code Section 14.28.040 to allow: the building to have a primary height of 56 feet, where the Code allows for 45 feet; and
WHEREAS, the Applicant is eligible for and has requested a 35 percent density bonus to allow development of the Project pursuant to Government Code 65915 and Los Altos Municipal Code Section 14.28.040; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) Guidelines section 15063, the City prepared an Initial Study to analyze whether the proposed Project may cause a potentially significant effect on the environment; and 256
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WHEREAS, an Initial Study for the Project has been completed pursuant to CEQA which identifies potentially significant effects on the environment which would result from the Project, and concludes that these impacts can be avoided or reduced to a level of insignificance with adoption and implementation of certain mitigation measures therein identified and listed; and WHEREAS, based on this Initial Study, a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan has been prepared in accordance with CEQA, which finds that any potentially significant environmental effects of the proposed project would be sufficiently mitigated to a level of insignificance with implementation of mitigation measures specified therein; a complete copy of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan and all supporting exhibits and documents are on file and can be viewed at the City office; and
WHEREAS, pursuant to Public Resources Code section 21081.6 and State CEQA Guidelines section 15074(d), the City prepared a program for reporting on and monitoring the changes which it has either required in the proposed Project or made a condition of approval to mitigate or avoid potential significant environmental effects (the “Mitigation Monitoring and Reporting Program” or “MMRP”), a copy of which is attached hereto as Exhibit “D”; and WHEREAS, the City published a Notice of Intent of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the Project on November 2, 2021, which started a 20-day public review period. The notice was posted at the City office, the County Clerk, on the City website, published in the Town Crier and sent to all property owners and tenants within 1,000 feet of the project, and all interested persons; and WHEREAS, during the public review and comment period, copies of the MND were available for review and inspection at the City of Los Altos City Hall and the main branch of the Los Altos Library, and on the City’s website; and
WHEREAS, at the February 8, 2022, and June 28, 2022 meetings, the City Council reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the Project, any comments received to-date and the responses prepared, invited additional comments from the public; and
WHEREAS, the City Council conducted its own independent analysis of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan and determined that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan were appropriate as there is substantial evidence the Project would not result in any significant environmental impacts and the mitigated negative declaration reflects the District's independent judgment and analysis; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the City of Los Altos have been satisfied or complied with by the City in connection with the Project; and
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WHEREAS, the findings and conclusions made by the City Council in this Resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Resolution; and WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon the City Council’s decision are located in the Office of City Clerk.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby approves the Project subject to the findings and conditions of approval attached hereto as Exhibit “A” (Findings) and Exhibit “B” (Conditions of Approval), Mitigated Negative Declaration (Exhibit “C”) and Mitigation Monitoring and Reporting Program (Exhibit “D”) and incorporated by this reference.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on June 28, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, CMC,CITY CLERK
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EXHIBIT A-FINDINGS
(VTTM 21-001; DR 21-003)-355 First Street
1. With regard to environmental review, the City Council has independently reviewed, analyzed and considered the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) and the whole record before it (including the Initial Study and any comments received) and based on the foregoing, the City Council hereby finds that all environmental impacts of the Project with mitigation measures are below a level of significance and there is no substantial evidence supporting a fair argument that the Project will have a significant effect on the environment.
2. The City Council finds the MND and MMRP has been completed in compliance with CEQA and consistent the State of California Guidelines for the Implementation of the California Environmental Quality Act. The City hereby approves and adopts the MND, which is hereby attached to this Resolution as Exhibit “C”. In accordance with Public Resources Code section 21081.6, the City Council hereby adopts the MMRP, which is hereby attached to this Resolution as Exhibit “D”.
3. With regard to the new fifty-unit multiple-family structure, the City Council finding the following in accordance with Section 14.78.060 of the Municipal Code:
a. The proposal meets all applicable goals, policies and objectives of the General Plan, and CD/R3 Zone District design criteria because it is providing fifty new multiple-family residential condominium units in a multiple-family district, it incorporates high quality architectural design and is compatible with the existing development in the immediate vicinity;
b. The proposal has architectural integrity and an appropriate relationship with other structures in the immediate area in terms of height, bulk and design; Building mass is articulated to relate to the human scale, both horizontally and vertically. c. Building elevations have variation and depth and avoid large blank wall surfaces. The residential projects incorporate elements that signal habitation such as identifiable entrances, stairs, porches, bays and balconies.
d. Exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements such as base, body, parapets, bays, arcades and structural elements. Materials, finishes, and colors have been used in a manner that serves to reduce the perceived appearance of height, bulk and mass, and are harmonious with other structures in the immediate area. e. Landscaping is generous and inviting, and landscape and hardscape features are designed to complement the building and parking areas, and to be integrated with the building architecture and the surrounding streetscape. Landscaping includes substantial street tree canopy, either in the public right-of-way or within the project frontage. 259
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f. Signage is designed to complement the building architecture in terms of style, materials, colors and proportions.
g. The exterior mechanical equipment, which is located in alcoves and within the fenced private areas, is screened from public view and the fencing is consistent with the building architecture in form, material and detailing; and
h. The service, trash and utility areas are located behind fences, recessed in alcoves or enclosed within the building in order to be screened from public view and are placed in a way that is consistent with the building architecture in materials and detailing.
4. With regard to the fifty-unit condominium subdivision, the City Council finds the following in accordance with Chapter 4, Article 1, Section 66474 of the Subdivision Map Act of the State of California:
a. The proposed subdivision is not consistent with applicable general and specific plans as specified in 65451.
This Finding cannot be made. The proposed subdivision is consistent with the Los Altos General Plan, including the Land Use Element, which designates the parcel as Downtown Commercial and allows for higher density residential development.
Specific applicable policies of the General Plan for creating one parcel to be further divided into 50 condominium units include Land Use Element Policies 2.2, 3.1 and 3.5, Housing Element Policy 4.3, and the Infrastructure and Waste Disposal Element Policies 1.3, 2.2 and 3.1. The subdivision is also consistent with the Downtown Special Planning Area within the Land Use Element. The subdivision is not within an area adopted as specific plan area.
b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.
This Finding cannot be made. The proposed subdivision is consistent with the Los Altos General Plan, including the Land Use Element, which designates the parcel as Downtown Commercial and allows for higher density residential development.
Specific applicable policies of the General Plan for creating one parcel to be further divided in 50 residential condominium units include Land Use Element Policies 2.2, 3.1 and 3.5, Housing Element Policy 4.3, and the Infrastructure and Waste Disposal Element Policies 1.3, 2.2 and 3.1. The subdivision is also consistent with the Downtown Special Planning Area within the Land Use Element. The subdivision is not within an area adopted as specific plan area.
c. That the site is not physically suitable for the type of development.
This Finding cannot be made. The site is physically suitable for this type of development because it is in conformance with the Downtown Commercial land use designations of the General Plan, and complies with all applicable CD/R3 Zoning District site development standards excluding those exceptions otherwise approved; 260
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d. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
This Finding cannot be made. The design of the subdivision and the proposed improvements will not cause substantial environmental damage, or substantially injure fish or wildlife because the site is located within a developed urban context and is not in or adjacent to any sensitive habitat areas;
e. That the design of the subdivision or type of improvements is likely to cause serious public health problems.
This Finding cannot be made. The design of the subdivision will not cause serious public health problems because the site is located within an urban context and has access to urban services including sewer and water.
f. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
This Finding cannot be made. The design of the subdivision will not conflict with access easements because there are no known existing access easements encumbering this property.
5. Density Bonus Findings. With regard to the offered below market rate units and requested parking requirement alteration, the City Council finds, in accordance with Los Altos Municipal Code Section 14.28.040, as follows:
a. The applicant is offering three Very Low-income units and four Moderate income units for sale, which qualifies the project for additional waivers and incentives. b. Per Table DB 2 in Los Altos Municipal Code Section 14.28.040, a project that includes eight percent or more of its total units as very-low income restricted affordable units shall be granted one (1) incentive. The applicant will be requesting one density bonus concession to increase the height from 35 feet to 46 feet. Evidence has not been presented which supports other findings for denial of the requested incentives. The height and the setback incentives are considered an “on-menu” incentive per Section 14.28.040(f) Incentive Standards and, therefore, the City has determined that the incentive would not 261
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have a specific adverse impact upon public health and safety or the physical environment or upon a listed historical resource.
c. Per Section 14.28.040(H)(1), a project can request a waiver or reduction of development standards that have the effect of physically precluding the construction of a development in addition to the development incentive permitted by the Municipal Code. Consistent with these requirements, the applicant is requesting a waiver to allow for a building height of up to sixty-three (63) feet and four and a half (4.5) inches where the development standard set forth in LAMC Sec.14.66.240(F) requires that an enclosed roof structure housing the elevator for the proposed residential building that provides access to the roof top be limited to twelve (12) feet in height. Based on findings by the architect for the Project, the elevator housing on the roof deck cannot be constructed unless it is approximately seventeen (17) feet and six (6) inches in height, and an elevator shaft is necessary to comply with accessibility standards. The Council determined the waivers are supported by the fact that the implementation of the standards physically precludes the construction of the development and evidence has not been presented that the waivers will have a specific, adverse impact upon health, safety, or the physical environment, or an adverse impact on any listed historic resource or will be contrary to state or federal law.
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EXHIBIT B-CONDITIONS
Pursuant to Government Code Section 66020(d), notice is hereby given that the 90-day period described in Section 66020 to protect the imposition of any fees, dedications, reservations, or other exactions specified herein shall commence on the date of the approval of these Conditions of Approval.
GENERAL
1. Approved Plans
Project approval is based upon the plans received on April 14, 2022 except as modified by these conditions.
2. Indemnity and Hold Harmless
The applicant/owner agrees to indemnify, defend, protect, and hold the City harmless from all costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceedings brought in any State or Federal Court, challenging any of the City’s action with respect to the applicant’s project. The City may withhold final maps and/or permits, including temporary or final occupancy permits, for failure to pay all costs and expenses, including attorney's fees, incurred by the City in connection with the City's defense of its actions.
3. Encroachment Permit
An encroachment permit, and/or an excavation permit shall be obtained prior to any work done within the public right-of-way and it shall be in accordance with plans to be approved by the City Engineer.
4. Public Utilities
The applicant shall contact electric, gas, communication and water utility companies regarding the installation of new utility services to the site.
5. Municipal Regional Stormwater Permit
The project shall comply with City of Los Altos Municipal Regional Stormwater (MRP)NPDES Permit No. CA S612008, Order No. R2-2015-0049 dated November 19, 2015.
6. Americans with Disabilities Act
All improvements shall comply with Americans with Disabilities Act (ADA). Latest edition of Caltrans ADA requirements shall apply to all improvements in the public right-of-way.
7. Sewer Lateral
Any proposed sewer lateral connection shall be approved by the City Engineer. Only one sewer lateral per lot shall be installed. All existing unused sewer laterals shall be abandoned according to the City Standards, cut and cap 12 inches away from the main.
8. Transportation Permit
A Transportation Permit, per the requirements specified in California Vehicle Code Division 15, is required before any large equipment, materials or soil is transported or hauled to or from 263
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the construction site. Applicant shall pay the applicable fees before the transportation permit can be issued by the Traffic Engineer.
9. Pollution Prevention
The improvement plans shall include the “Blueprint for a Clean Bay” plan sheet in all plan submittals.
10. Storm Water Management Plan
The Applicant shall submit a Storm Water Management Plan (SWMP) in compliance with the MRP. The SWMP shall be reviewed and approved by a City approved third party consultant at the Applicant’s expense. The recommendations from the Storm Water Management Plan (SWMP) shall be shown on the building plans.
11. Civil Engineering Drawings
The applicant shall submit civil engineering drawings that show property lines with bearing and easements.
PRIOR TO FINAL MAP RECORDATION
12. Public Access Easement Dedication
The applicant shall dedicate public access easements for the purpose of providing vehicle and pedestrian access shall be dedicated as follows:
a. An easement of two feet along the rear alley for use as a public right-of-way; and b. An easement of one foot along the First Street frontage to allow for pedestrian access. c. If tree wells are approved by Planning Department, Pedestrian Access Easement along First Street shall be wide enough to allow proper ADA clearances.
13. Public Utility Dedication
The applicant shall dedicate public utility easements as required by the utility companies to serve the site.
14. Subdivision Agreement
The applicant shall sign and return Subdivision Improvement Agreement to the City (in a form approved by the City Attorney) for recordation prior to the recordation of the Final Map.
15. Final Map Application and Payment of Subdivision Fees The applicant shall pay all applicable fees, including but not parkland dedication in-lieu fees and map check fee plus deposit as required by the City of Los Altos Municipal Code. Plats and legal descriptions of the final map shall be submitted for review by the City Land Surveyor.
16. Covenants, Conditions and Restrictions
The applicant shall include the following provisions in the Covenants, Conditions and Restrictions (CC&Rs):
a. Long-term maintenance and upkeep of the landscaping and street trees, on-site and in the public right-of-way along the site frontage, as approved by the City, shall be a duty and responsibility of the property owners.
b. One of the underground parking spaces shall be open for guest users. 264
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c. Long-term maintenance and upkeep of the building’s exterior materials and finishes shall be the responsibility of the Homeowner’s Association.
d. The Homeowner’s Association will store trash receptacles in the underground parking garage level and will be responsible for moving trash receptacles to the temporary staging area at street level no more than 24 hours in advance of trash pickup and will relocate trash receptacles to their storage location within 24 hours of pickup.
PRIOR TO ISSUANCE OF BUILDING PERMIT
17. Final Map Recordation
The applicant shall record the final map.
18. Payment of Impact and Development Fees
The applicant shall pay all applicable fees, including but not limited to sanitary sewer connection and impact fees, traffic impact fees, and public art impact fee as required by the City of Los Altos Municipal Code.
19. Front Entrance
The applicant shall work with the Community Development Director to reduce the scale of the entry along First Street to be consistent with the smaller scale and village character of the downtown by lowering the awning height to the first story and revising the window and door system to be consistent with the size and pattern of the windows for the residential units
20. Affordable Units
The applicant shall work with the Community Development Director to equitability distribute the market-rate and affordable dwelling units immediately adjacent to the trash room at the first and second story to not be significantly distinguishable with regard to design, construction or materials.
21. Downtown Decorated Lights
The applicant shall insure the design and installation of total of two new Downtown Decorated light fixtures along First Street and Whitney Street as directed by the City Engineer.
22. Storm Water Filtration Systems
The Applicant shall insure the design of all storm water treatment systems and devices are without standing water to avoid mosquito/insect infestation.
23. Cost Estimate and Performance Bonds
The applicant shall submit a cost estimate for the improvements in the public right-of-way and shall submit a 100 percent performance bond or cash deposit (to be held until acceptance of improvements) and a 50 percent labor and material bond (to be held 6 months after acceptance of improvements) for the work in the public right-of-way. The form of bonds shall be as provided by the City.
24. Grading and Drainage Plan
The Applicant shall submit on-site grading and drainage plans that include (i.e. drain swale, drain inlets, rough pad elevations, building envelopes, drip lines of major trees, elevations at property lines, all trees and screening to be saved) for approval by City Engineer. No grading 265
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or building pads are allowed within two-thirds of the drip line of trees unless authorized by a certified arborist and the Planning Department.
25. Soldier beams/Shoring
The applicant shall insure the design of all soldier beams or other temporary shoring supports are outside the public right-of-way.
26. Sewage Capacity Study
The applicant shall submit calculations showing that the City’s existing sewer line will not exceed two-thirds full due to the project’s sewer loads. Calculations shall include the 6” main from the front of the property to the point where it connects to the 8” sewer line on San Antonio Rd. For any segment that is calculated to exceed two-thirds full for average daily flow or for any segment that the flow is surcharged in the main due to peak flow, the applicant shall replace the 6” sewer line with an 8” sewer line. For any segment that is calculated to exceed two-thirds full for average daily flow or for any segment that the flow is surcharged in the main due to peak flow, the applicant shall replace the sewer line with a larger sewer line.
27. Construction Management Plan
The Applicant shall submit a construction management plan for review and approval by the Community Development Director and the City Engineer. The construction management plan shall address any construction activities affecting the public right-of-way, including but not limited to excavation, traffic control, truck routing, pedestrian protection, material storage, earth retention and construction vehicle parking. The plan shall provide specific details with regards to how construction vehicle parking will be managed to minimize impacts on nearby single-family neighborhoods. Sidewalks, parking and travel lanes along First Street and Whitney Street shall not be closed for the full duration of the project. Closures will be reviewed and approved with Encroachment Permit submittals. The applicant shall be required to have a pre-construction meeting with all abutting property owners to discuss the project schedule and to prominently display a sign with the single point of contact the community should interface with for any construction related impacts from the project.
28. Solid Waste Ordinance Compliance
The Applicant shall be in compliance with the City’s adopted Solid Waste Collection, Remove, Disposal, Processing & Recycling Ordinance (LAMC Chapter 6.12) which includes a mandatory requirement that all multi-family dwellings provide for recycling and organics collection programs.
29. Fire Approval
The project shall comply with all Santa Clara County Fire Department standards including but not limited to the comments and conditions provided in the Fire Department Development Review Comment letter dated October 21, 2021. A formal review of the building permit plans will be completed subsequent to submittal of a complete set of building permit design plans.
30. Off-haul Excavated Soil
The grading plan shall show specific grading cut and/or fill quantities. Cross section details showing the existing and proposed grading through at least two perpendicular portions of the 266
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site or more shall be provided to fully characterize the site. A note on the grading plans should state that all excess dirt shall be off-hauled from the site and shall not be used as fill material unless approved by the Building and Planning Divisions.
31. Solid Waste and Recyclables Disposal Plan
The Applicant shall contact Mission Trail Waste Systems and submit a solid waste and recyclables disposal plan indicating the type, size and number of containers proposed, and the frequency of pick-up service subject to the approval of the Engineering Division. The Applicant shall also submit evidence that Mission Trail Waste Systems has reviewed and approved the size and location of the proposed trash enclosure. The enclosure shall be designed to prevent rainwater from mixing with the enclosure's contents and shall be drained into the City’s sanitary sewer system. The enclosure's pad shall be designed to not drain outward, and the grade surrounding the enclosure designed to not drain into the enclosure. In addition, Applicant shall show on plans the proposed location of how the solid waste will be collected by the refusal company. Include the relevant garage clearance dimension and/or staging location with appropriate dimensioning on to plans.
32. Storm Water Filtration Systems
The Applicant shall insure the design of all storm water filtration systems and devices are without standing water to avoid mosquito/insect infestation.
33. Air Quality Mitigation
The applicant shall incorporate into the design plans and shall implement throughout the entire construction process the Bay Area Air Quality Management District’s basic Construction Mitigation Measures to reduce emissions of fugitive dust during construction activities (California Environmental Quality Act Air Quality Guidelines. San Francisco, CA. May 2017. http://www.baaqmd.gov/~/media/files/planning-andresearch/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en (accessed November 2021).
34. Acoustical Report
The applicant shall submit a report from an acoustical engineer/consultant ensuring that the rooftop mechanical equipment meets the City’s exterior noise regulations.
PRIOR TO SUBMITTAL OF BUILDING PERMIT
35. Water Efficient Landscape Plan
Provide a landscape documentation package prepared by a licensed landscape professional showing how the project complies with the City’s Water Efficient Landscape Regulations and include signed statements from the project’s landscape professional and property owner.
36. Reach Codes
Building Permit Applications submitted on or after January 26, 2021 shall comply with specific amendments to the 2019 California Green Building Standards for Electric Vehicle Infrastructure and the 2019 California Energy Code as provided in Ordinances Nos. 2020- 470A, 2020-470B, 2020-470C, and 2020-471 which amended Chapter 12.22 Energy Code and Chapter 12.26 California Green Building Standards Code of the Los Altos Municipal Code. The building design plans shall comply with the standards and the applicant shall submit supplemental application materials as required by the Building Division to demonstrate compliance.
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37. California Water Service Upgrades
The applicant is responsible for contacting and coordinating with the California Water Service Company any water service improvements including but not limited to relocation of water meters, increasing water meter sizing or the installation of fire hydrants. The City recommends consulting with California Water Service Company as early as possible to avoid construction or inspection delays.
PRIOR TO FINAL OCCUPANCY
38. Condominium Map
The applicant shall record the condominium map as required by the City Engineer.
39. Public Alleyway
The Applicant shall improve the entire width of the alleyway along the rear of the project with the treatment approved by the City Engineer.
40. Watch for Pedestrians Sign
The applicant shall install a “watch for pedestrians” sign at the top of the underground parking garage driveway ramp.
41. Sidewalk in Public Right-of-Way
The Applicant shall remove and replace entire sidewalk and curb and gutter along the frontage of First Street and Whitney Street as directed by the City Engineer. All sidewalks in the public right-of-way shall be City Standard concrete sidewalks. The applicant shall remove existing driveway on Whitney Street and replace it with standard curb and gutter.
The applicant shall extend sidewalk on Whitney Street from 330 2nd Street property to the alley, and install new driveway approach at the back of 330 2nd Street.
42. New ADA Ramps and Crosswalks
The applicant shall provide two new ADA ramps and crosswalk stripping per the City standards on the northeast and southeast corner of the intersection with First Street and Whitney Street. The applicant shall install new ADA ramps as necessary at the sidewalk extension along Whitney Street.
43. Parking Stall and Red Curb Striping
The applicant shall install parking stall striping and red curb on First Street and Whitney Street as directed by the City Engineer or his designee.
44. Public Infrastructure Repairs
The Applicant shall repair any damaged right-of-way infrastructures and otherwise displaced curb, gutter and/or sidewalks and City’s storm drain inlet shall be removed and replaced as directed by the City Engineer or his designee. The Applicant is responsible to resurface (grind and overlay) half of the street along the frontage of First Street if determined to be damaged during construction, as directed by the City Engineer or his designee.
45. Maintenance Bond
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A one-year, ten-percent maintenance bond shall be submitted upon acceptance of improvements in the public right-of-way, as indicated in Condition of Approval No. 23.
46. Green Building Verification
The applicant shall submit verification that the structure was built in compliance with the California Green Building Standards pursuant to Section 12.26 of the Municipal Code.
47. SWMP Certification
The Applicant shall have a final inspection and certification done and submitted by the Engineer who designed the SWMP to ensure that the treatments were installed per design.
The Applicant shall submit a maintenance agreement to City for review and approval for the stormwater treatment methods installed in accordance with the SWMP. Once approved, City shall record the agreement.
48. Landscape and Irrigation Installation
All on- and off-site landscaping and irrigation shall be installed and approved by the Community Development Director and the City Engineer.
49. Label Catch Basin Inlets
The Applicant shall label all new or existing public and private catch basin inlets which are on or directly adjacent to the site with the “NO DUMPING - FLOWS TO ADOBE CREEK” logo as required by the City.
PRIOR TO RECORDATION OF THE FINAL MAP
50. Affordable Housing Agreement
Prior to the issuance of building permits the applicant shall execute and record an Affordable Housing Agreement, in a form approved and signed by the Community Development Director and the City Attorney, that offers seven (7) below market rate unit, for a period of at least 55 years. The below market rate units shall have four Moderate and three Very-Low Income restricted units, which shall be constructed concurrently with the market rate units, shall be provided at the location on the approved plans, and shall not be significantly distinguishable with regard to design, construction or materials. This issue shall be resolved prior to the recordation of the Final Map.
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EXHIBIT C
City of Los Altos
MITIGATED NEGATIVE DECLARATION
355 First Street Residential Development
The City Council of the City of Los Altos has considered the project identified below and has adopted the following Mitigated Negative Declaration pursuant to the California Environmental Quality Act:
Project Name: 355 First St. Residential Project
Lead Agency: City of Los Altos
Project Proponent: 355 1st St LLC. C/O DeNardi Wang Homes Project Location: 355, 365, 371, 373 First St., Los Altos, CA Project Description: The proposed project includes demolition of the seven existing buildings and construction of a 79,431 square
foot, 50-unit, four story condominium building and two
levels of underground parking.
Written Comments To Guido Persicone
Planning Services Manager
City of Los Altos
1 N. San Antonio Road
Los Altos, CA 94022
Proposed Findings The City of Los Altos is the custodian of the documents and other material that constitute the record of
proceedings upon which this decision is based.
The initial study indicates that the proposed project has the potential to result in significant adverse
environmental impacts. However, the mitigation
measures identified in the initial study would reduce the impacts to a less than significant level. There is no
substantial evidence, in light of the whole record before the lead agency (the City of Los Altos) that the project, with mitigation measures incorporated, may have a
significant effect on the environment. See the following project-specific mitigation measures:
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Resolution No. 2022-XX Page 16 of 24 pages
Mitigation Measures
Air Quality
AQ-1 The project applicant shall include the following BAAQMD best management practices to minimize DPM (PM10) and PM2.5 emissions on the project plans andthe contractor shall implement them during all phases of construction:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day; b. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be covered;
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.
The use of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour; e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points;
g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; and
h. Post a publicly visible sign with telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. 271
Agenda Item # 11.
Proposed Mitigated Negative Declaration
Resolution No. 2022-XX Page 15 of 24 pages
AQ-2 Prior to the issuance of the demolition and grading permits, the project developershall prepare, and the project contractor shall implement, a demolition and construction emissions avoidance and reduction plan demonstrating a minimum 30 percent reduction in DPM emissions.
The plan shall be prepared at the applicant’s expense and shall be reviewed and approved by the City’s Director of Planning or Director’s designee, prior to issuance of demolition and grading permits. The plan shall be accompanied by a letter prepared by a qualified air quality consultant, verifying the equipment included in the plan meets the standards set forth in this mitigation measure. Theplan shall include the following measures:
a. At least five of the mobile diesel-powered off-road equipment operating onsite for more than two days and larger than 50 horsepower shall, at a minimum, meet U.S. Environmental Protection Agency (EPA) particulate matter emissions standards for Tier 4 engines. The plan shall include specifications of the equipment to be used during construction and confirmation this requirement is met; and,
b. Other demonstrable measures identified by the developer and confirmed by the air quality consultant, that reduce emissions and avoid or minimize the affected sensitive receptors exposures by at least 30 percent.
Biological Resources
BIO-1 Prior to issuance of tree removal, demolition, and grading permits, to avoid impacts to nesting birds during the nesting season (January 15 through September 15), construction activities within or adjacent to the project site boundary that include any tree or vegetation removal, demolition, or ground disturbance (such as grading or grubbing) shall be conducted between September16 and January 14, outside of the bird nesting season. If this type of construction occurs during the bird nesting season, then a qualified biologist shall conduct pre-construction surveys for nesting birds to ensure that no nests would be disturbed during project activities.
If project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), or if construction activities are suspended for at least 14 days and recommence during the nestingseason, a qualified biologist shall conduct nesting bird surveys. 272
Agenda Item # 11.
Proposed Mitigated Negative Declaration
Resolution No. 2022-XX Page 16 of 24 pages
a. Two surveys for active bird nests shall occur within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to construction. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. A report documenting survey results and plan for active bird nest avoidance (if needed) shall be completed by the qualified biologist prior to initiation of construction activities.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently.
Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior andestablish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Developers shall be responsible for implementation of this mitigation measure with oversight by the City of Los Altos. Compliance with this measure shall be documented and submitted to the City prior to issuance of tree removal, demolition, and grading permits.
BIO-2 Prior to issuance of a tree removal permit and/or a grading permit, developers shall retain a certified arborist to develop a site-specific tree protection plan for retained trees and supervise the implementation of all proposed tree preservationand protection measures during construction activities, including those measuresspecified in the 2021 Arborist Report (Kielty Arborist Services LLC). Also, in accordance with the City’s Tree Protection Ordinance, the developer shall obtain a tree removal permit for proposed tree removals and shall install replacement trees in accordance with all mitigation, maintenance, and monitoring requirements specified in the tree removal permit(s) or otherwise required by the City for project approvals. 273
Agenda Item # 11.
Proposed Mitigated Negative Declaration
Resolution No. 2022-XX Page 17 of 24 pages
Cultural Resources
CUL-1 In the event that prehistoric or historic resources are encountered during excavation and/or grading of the site, all activity within a 50-foot radius of the find will be stopped, the Director of Community Development will be notified, and the archaeologist will examine the find and make appropriate recommendations, in collaboration with a Tamien Tribal representative, prior to commencement of construction. Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of findings documenting any data recovery during monitoring would be submitted to the Director of Community Development, the California Historical Resources Information System (CHRIS) and the Tamien Nation.
CUL-2 In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find will be stopped.The Santa Clara County Coroner will be notified and will make a determination as to whether the remains are of Native American origin. If the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission (NAHC) immediately. Once NAHC identifies the most likely descendants, the descendants will make recommendations regarding proper burial, which will be implemented in accordance with Section 15064.5(e) of the CEQA Guidelines.
Geology and Soils
GEO-1 The project proponent shall ensure all construction personnel receive paleontological resources awareness training that includes information on the possibility of encountering fossils during construction; the types of fossils likely to be seen, based on past finds in the project area; and proper procedures in the event fossils are encountered. Worker training shall be prepared and presented by a qualified paleontologist. The applicant shall provide the Community Development Director with documentation showing the training has been completed by all required construction personnel prior to issuance of grading permits.
GEO-2 If vertebrae fossils are discovered during construction, all work within 50 feet of the discovery shall stop immediately until a qualified professional paleontologist can assess the nature and importance of the find and recommend appropriate treatment.
Treatment may include avoidance, if feasible, preservation in place, or preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds.
274
Agenda Item # 11.
Proposed Mitigated Negative Declaration
Resolution No. 2022-XX Page 18 of 24 pages
Hazards and Hazardous Materials
HAZ-1 Prior to issuance of a demolition permit, the following measures shall be incorporated into demolition plans:
a. All PCB-containing ballasts shall be removed and disposed of in accordance with state and local laws.
b. All potentially friable asbestos-containing materials shall be removed in accordance with National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines prior to building demolition or renovationthat may disturb the materials.
c. All demolition activities will be undertaken in accordance with Cal/OSHA standards, contained in Title 8 of the California Code of Regulations (CCR),Section 1529, to protect workers from exposure to asbestos.
Materials containing more than one percent asbestos are also subject to BAAQMD regulations.
d. During demolition activities, all building materials containing lead-based paint shall be removed in accordance with Cal/OSHA Lead in Construction Standard, Title 8, California Code of Regulations 1532.1, including employeetraining, employee air monitoring and dust control. Any debris or soil containing lead-based paint or coatings will be disposed of at landfills that meet acceptance criteria for the waste being disposed.
Noise
NOI-1 Modification, placement, and operation of construction equipment are possible means for minimizing the impact of construction noise. Construction equipmentshall be well-maintained and used judiciously to be as quiet as possible.
Additionally, construction activities for the proposed project shall include the following best management practices to reduce noise from construction activitiesnear sensitive land uses:
▪ Noise generating construction activities shall be limited to the hours between 7:00 a.m. and 5:30 p.m., Monday through Friday, and on Saturdays between 9:00 a.m. and 3:00 p.m., in accordance with the city’s municipal code for construction in a single-family residential zone. Construction is prohibited on Sundays and holidays, unless permission is granted with a development permit or other planning approval.
275
Agenda Item # 11.
Proposed Mitigated Negative Declaration
Resolution No. 2022-XX Page 19 of 24 pages
▪ Use of the concrete saw within 50 feet of any shared property line shall be limited.
▪ Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment.
▪ Unnecessary idling of internal combustion engines in construction equipment with a horsepower rating of 50 or more shall be strictly prohibited, and limited to five minutes or less, consistent with BAAQMD best management practices.
▪ Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors (residences). If they must be located near sensitive receptors, adequate muffling (with enclosures where feasible and appropriate) shall be used to reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors. ▪ Utilize “quiet” air compressors and other stationary noise sources where technology exists.
▪ A temporary noise control blanket barrier could be erected, if necessary, at the property line or along building facades facing construction sites. This measure would only be necessary if conflicts occurred that were irresolvable by proper scheduling. Noise control blanket barriers can be rented and quickly erected.
▪ Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. ▪ The contractor shall prepare a detailed construction plan identifying the schedule for major noise-generating construction activities and shall send a notice to all adjacent properties with the construction schedule. ▪ Designate a “disturbance coordinator” who would be responsible for responding to any complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., bad muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously post the telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.
276
Agenda Item # 11.
Proposed Mitigated Negative Declaration
Resolution No. 2022-XX Page 20 of 24 pages
NOI-2 Prior to the issuance of a building permit, mechanical equipment shall be selectedand designed to reduce impacts on surrounding uses to meet the city’s requirements. A qualified acoustical consultant shall be retained by the project applicant to review mechanical noise as the equipment systems are selected in order to determine whether the proposed noise reduction measures sufficiently reduce noise to comply with the city’s noise limit at the shared property line.
Noise reduction measures that would accomplish this reduction include, but are not limited to, selection of equipment that emits low noise levels and/or installation of noise barriers such as enclosures and parapet walls to block the lineof sight between the noise source and the nearest receptors.
NOI-3 A construction vibration-monitoring plan shall be implemented to document conditions at the structure located adjacent to the proposed construction prior to, during, and after vibration generating construction activities. All plan tasks shallbe completed under the direction of a State of California licensed Professional Structural Engineer and be in accordance with industry accepted standard methods. The construction vibration monitoring plan shall include the followingtasks:
▪ Identification of sensitivity to ground borne vibration of the structure located adjacent to the construction.
▪ Performance of a photo survey, elevation survey, and crack monitoring survey for the structure located adjacent to the construction. Surveys shall be performed prior to, in regular intervals during, and after completion of vibration generating activities and shall include internal and external crack monitoring in the structure, settlement, and distress and shall document the condition of the foundation, walls and other structural elements in the interior and exterior of said structure. Interior inspections would be subject to property owners’ permission.
▪ Conduct a post-survey on the structure where monitoring has indicated damage. Make appropriate repairs or provide compensation where damage has occurred as a result of construction activities.
▪ Designate a person responsible for registering and investigating claims of excessive vibration. The contact information of such person shall be clearly posted on the construction site.
277
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2021-04 Page 21 of 24 pages
Tribal Cultural Resources
In addition to mitigation measures CUL-1 and CUL-2 presented in Section D5, Cultural Resources, the following measures shall be implemented:
TR-1 The applicant shall contract with the Tamien Nation to development and implement a cultural resource sensitivity training program for the construction work crew on the first day of construction. The archaeologist shall provide evidence of the training to the City Planning Division, which shall include the training materials and a sign-in list of trained construction personnel, at the endof the first day of construction.
TR-2 The applicant shall contract with the Tamien Tribal to monitor ground disturbing activities, including but not limited to removal of existing building foundations, trees, and grading activities.
The applicant shall also contract with a qualified archaeologist to be on-call should cultural or Tribal resources be inadvertently discovered.
Evidence of a contracts with the Tribal monitor and archaeologist shall be provided to the City Planning Division prior to issuance of a building demolitionpermit and/or a grading permit.
Should Tribal or cultural resources be inadvertently discovered, the Tamien Nation Treatment Protocol shall be implemented. Whether or not Tribal or cultural resources are inadvertently discovered, the Tribal monitor shall prepare amonitoring report to be submitted to the City Planning Division, prior to issuanceof an occupancy permit.
The location of Tribal resources is confidential, may be redacted from monitoring reports, and shall not be made available for public review. The location of sensitive cultural resources is exempt from the Public Records Act. 278
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2021-04 Page 22 of 24 pages
EXHIBIT D
MITIGATION MONITORING AND REPORTING PROGRAM
Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring or Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring or reporting program is to ensure compliance with the mitigation measures during project implementation.
The Initial Study/Mitigated Negative Declaration for the 5150 El Camino Real Residential Development project concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This Mitigation Monitoring or Reporting Program addresses those measures in terms of how and when they will be implemented.
This document does not discuss those subjects for which the Initial Study/Mitigated Negative Declaration concluded that the impacts from implementation of the project would be less than significant and for which no standard or mitigation measures would be required. 279
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 23 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
Air Quality
AQ-1 The project applicant shall include the following
BAAQMD best management practices to minimize
DPM (PM10) and PM2.5 emissions on the project plans
and the contractor shall implement them during all
phases of construction:
a. All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day;
b. All haul trucks transporting soil, sand, debris, or
other loose material off-site shall be covered;
c. All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet power
vacuum street sweepers at least once per day. The use
of dry power sweeping is prohibited;
d. All vehicle speeds on unpaved roads shall be
limited to 15 miles per hour;
e. All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible. Building
pads shall be laid as soon as possible after grading
unless seeding or soil binders are used;
f. Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13,
Include BAAQMD
BMPs in project plans
Implement BAAQMD
BMPs
Applicant
Contractor
Prior to
Approval of
Final Plans
During all
Phases of
Construction
280
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 24 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for
construction workers at all access points;
g. All construction equipment shall be maintained and
properly tuned in accordance with manufacturer’s
specifications. All equipment shall be checked by a
certified mechanic and determined to be running in
proper condition prior to operation; and
h. Post a publicly visible sign with telephone number
and person to contact at the Lead Agency regarding
dust complaints. This person shall respond and take
corrective action within 48 hours. The BAAQMD’s
phone number shall also be visible to ensure
compliance with applicable regulations.
281
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 25 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
AQ-2 Prior to the issuance of the demolition and
grading permits, the project developer shall prepare,
and the project contractor shall implement, a
demolition and construction emissions avoidance and
reduction plan demonstrating a minimum 30 percent
reduction in DPM emissions.
The plan shall be prepared at the applicant’s expense
and shall be reviewed and approved by the City’s
Director of Planning or Director’s designee, prior to
issuance of demolition and grading permits. The plan
shall be accompanied by a letter prepared by a
qualified air quality consultant, verifying the
equipment included in the plan meets the standards set
forth in this mitigation measure. The plan shall include the following measures:
a. At least five of the mobile diesel-powered off-road
equipment operating on-site for more than two days
and larger than 50 horsepower shall, at a minimum,
meet U.S. Environmental Protection Agency (EPA)
particulate matter emissions standards for Tier 4
engines. The plan shall include specifications of the
equipment to be used during construction and
confirmation this requirement is met; and,
b. Other demonstrable measures identified by the
developer and confirmed by the air quality consultant,
that reduce emissions and avoid or minimize the
Prepare demolition and
construction emissions
avoidance and reduction
plan
The plan shall also
include a letter prepared
by a qualified air quality
consultant
The plan shall include
these measures for
implementation by the
applicant or developer
Project
Developer
City’s Director
of Planning or
Director’s
designee
Prior to issuance
of the
demolition and
grading permits
282
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 26 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
affected sensitive receptors exposures by at least 30
percent.
Biological Resources
BIO-1 Prior to issuance of tree removal, demolition, and grading permits, to avoid impacts to nesting birds
during the nesting season (January 15 through
September 15), construction activities within or
adjacent to the project site boundary that include any
tree or vegetation removal, demolition, or ground
disturbance (such as grading or grubbing) shall be
conducted between September 16 and January 14,
outside of the bird nesting season. If this type of
construction occurs during the bird nesting season,
then a qualified biologist shall conduct preconstruction surveys for nesting birds to ensure that no nests would be disturbed during project activities.
If project-related work is scheduled during the
nesting season (February 15 to August 30 for small
bird species such as passerines; January 15 to
September 15 for owls; and February 15 to September
15 for other raptors), or if construction activities are suspended for at least 14 days and recommence during
the nesting season, a qualified biologist shall conduct nesting bird surveys.
Retain qualified
biologist to conduct
survey, if construction
occurs during the bird
nesting season
Developers
with oversight
by the City of
Los Altos
Prior to issuance
of tree removal,
demolition, and
grading permits
283
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 27 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
a. Two surveys for active bird nests shall occur
within 14 days prior to start of construction, with the final survey conducted within 48 hours prior to
construction. Appropriate minimum survey radii
surrounding each work area are typically 250 feet for
passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the
appropriate times of day to observe nesting activities.
Locations off the site to which access is not available may be surveyed from within the site or from public
areas. A report documenting survey results and plan for active bird nest avoidance (if needed) shall be
completed by the qualified biologist prior to initiation of construction activities.
b. If the qualified biologist documents active nests
within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active
construction shall be established. The buffer shall be
clearly marked and maintained until the young have
fledged and are foraging independently. Prior to
construction, the qualified biologist shall conduct
baseline monitoring of each nest to characterize
“normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The
qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If Conduct two surveys for
active bird nests
14 days prior to
construction
start
284
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 28 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
buffer establishment is not possible, the qualified
biologist or construction foreman shall have the
authority to cease all construction work in the area
until he young have fledged and the nest is no longer
active.
Developers shall be responsible for implementation of
this mitigation measure with oversight by the City of
Los Altos. Compliance with this measure shall be
documented and submitted to the City prior to issuance
of tree removal, demolition, and grading permits.
BIO 2 Prior to issuance of a tree removal permit and/or a grading permit, developers shall retain a certified
arborist to develop a site-specific tree protection plan for retained trees and supervise the implementation of
all proposed tree preservation and protection measures
during construction activities, including those
measures specified in the 2021 Arborist Report (Kielty
Arborist Services LLC). Also, in accordance with the
City’s Tree Protection Ordinance, the developer shall
obtain a tree removal permit for proposed tree
removals and shall install replacement trees in
accordance with all mitigation, maintenance, and
monitoring requirements specified in the tree removal
permit(s) or otherwise required by the City for project approvals.
Retain certified arborist
to develop a site-specific
tree protection plan
Developer Prior to issuance
of a tree
removal permit
and/or a grading
permit
Cultural Resources
285
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 29 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
CUL-1 In the event that prehistoric or historic resources are encountered during excavation and/or grading of the
site, all activity within a 50-foot radius of the find will be stopped, the Director of Community Development
will be notified, and the archaeologist will examine the find and make appropriate recommendations, in
collaboration with a Tamien Tribal representative,
prior to commencement of construction.
Recommendations could include collection,
recordation, and analysis of any significant cultural
materials. A report of findings documenting any data
recovery during monitoring would be submitted to the
Director of Community Development, the California
Historical Resources Information System (CHRIS) and
the Tamien Nation.
Include measure on the
project plans
Developer and
Contractor
During
construction
activities
CUL-2 In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find will be stopped. The Santa Clara County Coroner will be notified and will make a
determination as to whether the remains are of Native
American origin. If the remains are determined to be
Native American, the Coroner will notify the Native
American Heritage Commission (NAHC) immediately.
Once NAHC identifies the most likely descendants, the
descendants will make recommendations regarding
proper burial, which will be implemented in
accordance with Section 15064.5(e) of the CEQA
Guidelines.
Include measure on the
project plans
Developer and
Contractor
During
construction
activities
Geology & Soils
286
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 30 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
GEO-1 The project proponent shall ensure all construction personnel receive paleontological resources awareness
training that includes information on the possibility of encountering fossils during construction; the types of
fossils likely to be seen, based on past finds in the
project area; and proper procedures in the event fossils are encountered. Worker training shall be prepared and
presented by a qualified paleontologist. The applicant
shall provide the Community Development Director
with documentation showing the training has been
completed by all required construction personnel prior
to issuance of grading permits.
Include measure on the
project plans
Hire a qualified
paleontologist to provide
worker training
Developer and
Contractor
Prior to issuing
a grading permit
GEO-2 If vertebrae fossils are discovered during construction, all work within 50 feet of the discovery shall stop
immediately until a qualified professional
paleontologist can assess the nature and importance of
the find and recommend appropriate treatment.
Treatment may include avoidance, if feasible,
preservation in place, or preparation and recovery of
fossil materials so that they can be housed in an
appropriate museum or university collection and may
also include preparation of a report for publication
describing the finds.
Include measure on the
project plans
Developer and
Contractor
During
Construction
287
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 31 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
Hazards and Hazardous Materials
HAZ-1 Prior to issuance of a demolition permit, the following measures shall be incorporated into demolition plans:
a. All PCB-containing ballasts shall be removed and
disposed of in accordance with state and local laws.
b. All potentially friable asbestos-containing
materials shall be removed in accordance with National
Emissions Standards for Hazardous Air Pollutants
(NESHAP) guidelines prior to building demolition or
renovation that may disturb the materials.
c. All demolition activities will be undertaken in
accordance with Cal/OSHA standards, contained in
Title 8 of the California Code of Regulations (CCR),
Section 1529, to protect workers from exposure to
asbestos. Materials containing more than one percent
asbestos are also subject to BAAQMD regulations.
d. During demolition activities, all building
materials containing lead-based paint shall be removed
in accordance with Cal/OSHA Lead in Construction
Standard, Title 8, California Code of Regulations
1532.1, including employee training, employee air
monitoring and dust control. Any debris or soil
containing lead-based paint or coatings will be
disposed of at landfills that meet acceptance criteria for the waste being disposed.
Incorporate measure into
demolition plans
Implement measures
Developer and
Contractor
Developer and
Contractor
Prior to issuance
of a demolition
permit
During
Construction
288
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 32 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
Noise
NOI-1 Modification, placement, and operation of
construction equipment are possible means for
minimizing the impact of construction noise.
Construction equipment shall be well-maintained and
used judiciously to be as quiet as possible.
Additionally, construction activities for the proposed
project shall include the following best management
practices to reduce noise from construction activities
near sensitive land uses:
a. Noise generating construction activities shall be
limited to the hours between 7:00 a.m. and 5:30 p.m.,
Monday through Friday, and on Saturdays between
9:00 a.m. and 3:00 p.m., in accordance with the city’s
municipal code for construction in a single-family
residential zone. Construction is prohibited on Sundays and holidays, unless permission is granted with a
development permit or other planning approval.
b. Use of the concrete saw within 50 feet of any
shared property line shall be limited.
c. Equip all internal combustion engine-driven
equipment with intake and exhaust mufflers that
are in good condition and appropriate for the
equipment.
Implement best
management practices
for construction
equipment
City’s Director
of Planning or
Director’s
designee
During
construction
activities
289
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 33 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
d. Unnecessary idling of internal combustion
engines in construction equipment with a horsepower
rating of 50 or more shall be strictly prohibited, and
limited to five minutes or less, consistent with
BAAQMD best management practices.
e. Locate stationary noise-generating equipment,
such as air compressors or portable power generators,
as far as possible from sensitive receptors (residences).
If they must be located near sensitive receptors,
adequate muffling (with enclosures where feasible and
appropriate) shall be used to reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors.
f. Utilize “quiet” air compressors and other
stationary noise sources where technology exists.
g. A temporary noise control blanket barrier could
be erected, if necessary, at the property line or along building facades facing construction sites. This
measure would only be necessary if conflicts occurred
that were irresolvable by proper scheduling. Noise
control blanket barriers can be rented and quickly
erected.
h. Control noise from construction workers’ radios
to a point where they are not audible at existing
residences bordering the project site.
i. The contractor shall prepare a detailed
construction plan identifying the schedule for major
noise- generating construction activities and shall send 290
Agenda Item # 11.
ATTACHMENT A
Resolution No. 2022-04 Page 34 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
a notice to all adjacent properties with the construction schedule.
j. Designate a “disturbance coordinator” who would
be responsible for responding to any complaints about
construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g. bad
muffler, etc.) and will require that reasonable measures be implemented to correct the problem. Conspicuously
post the telephone number for the disturbance
coordinator at the construction site and include it in the notice sent to neighbors regarding the construction
schedule.
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ATTACHMENT A
Resolution No. 2022-04 Page 35 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
NOI-2 Prior to the issuance of a building permit,
mechanical equipment shall be selected and designed
to reduce impacts on surrounding uses to meet the
city’s requirements. A qualified acoustical consultant
shall be retained by the project applicant to review
mechanical noise as the equipment systems are
selected in order to determine whether the proposed
noise reduction measures sufficiently reduce noise to
comply with the city’s noise limit at the shared
property line. Noise reduction measures that would
accomplish this reduction include, but are not limited
to, selection of equipment that emits low noise levels
and/or installation of noise barriers such as enclosures and parapet walls to block the line of sight between the noise source and the nearest receptors.
Retain qualified
acoustical consultant
City’s Director
of Planning or
Director’s
designee
Prior to issuance
of a building
permit
NOI-3 A construction vibration-monitoring plan shall be implemented to document conditions at the structure
located adjacent to the proposed construction prior to, during, and after vibration generating construction
activities. All plan tasks shall be completed under the direction of a State of California licensed Professional Structural Engineer and be in accordance with industry
accepted standard methods. The construction vibration
monitoring plan shall include the following tasks:
Identification of sensitivity to ground borne
vibration of the structure located adjacent to the
construction.
Implement construction
vibration-monitoring
plan
Developer and
State of
California
licensed
Professional
Structural
Engineer
Prior to grading
activities
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ATTACHMENT A
Resolution No. 2022-04 Page 36 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
Tribal Cultural Resources
TR-1 The applicant shall contract with the Tamien Nation to development and implement a cultural resource
sensitivity training program for the construction work
crew on the first day of construction. The archaeologist shall provide evidence of the training to the City
Planning Division, which shall include the training
materials and a sign-in list of trained construction
personnel, at the end of the first day of construction.
Contract with Tamien
Nation to develop and
implement measure.
Developer During
construction
activities
TR-2 The applicant shall contract with the Tamien Tribal to monitor ground disturbing activities, including but not limited to removal of existing building foundations,
trees, and grading activities.
The applicant shall also contract with a qualified
archaeologist to be on-call should cultural or Tribal
resources be inadvertently discovered.
Evidence of a contracts with the Tribal monitor and
archaeologist shall be provided to the City Planning
Division prior to issuance of a building demolition
permit and/or a grading permit.
Contract with Tamien
Nation to develop and
implement measure.
Developer During
construction
activities
293
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ATTACHMENT A
Resolution No. 2022-04 Page 37 of 24 pages
Mitigation
Measure
Number
Mitigation Measure Monitoring Actions
Party
Responsible for
Compliance
Timing
Verification
of
Compliance
(name/date)
Should Tribal or cultural resources be inadvertently
discovered, the Tamien Nation Treatment Protocol
shall be implemented. Whether or not Tribal or cultural resources are inadvertently discovered, the Tribal
monitor shall prepare a monitoring report to be
submitted to the City Planning Division, prior to
issuance of an occupancy permit.
The location of Tribal resources is confidential, may be redacted from monitoring reports, and shall not be
made available for public review. The location of
sensitive cultural resources is exempt from the Public
Records Act.
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Agenda Item # 11.
Reviewed By:
City Manager City Attorney
__GE__
Finance Director
_JH__ _JH__
CALENDAR
AGENDA REPORT SUMMARY
Meeting Date: February 8, 2022
Subject Proposed Four-Story Multiple-Family Residential at 355,365,371,373 First Street
Prepared by: Sean K. Gallegos, Senior Planner
Reviewed by: Laura Simpson, Interim Community Development Director Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Resolution No. 2022-XXX
2. Joint Planning/Complete Streets Meeting Minutes, December 2, 2021
3. Joint Planning/Complete Streets Meeting Agenda Report and Attachments, December 2, 2021
4. CEQA Mitigated Negative Declaration Technical Appendices
5. Project Design Plans and Tentative Map
Initiated by:
Applicant, 355 1st St LLC
Previous Council Consideration:
None
Fiscal Impact:
The project will result in the following estimated financial contributions to the City’s special revenue funds:
• Park in-Lieu Fees: $195,200 ($48,800/multiple-family dwelling unit) • Traffic Impact Fees: $16,636 ($4,159/multiple-family dwelling unit) • Los Altos Public Art Fund: one percent of construction costs, up to $200,000 Environmental Review:
On November 2, 2021 a Notice of Intent to Adopt a Mitigated Negative Declaration was filed with the County Clerk for a twenty (20) day comment period. No comments were received for this project and the environmental document indicates that the proposed project has the potential to result in significant adverse environmental impacts. However, the mitigation measures identified in the initial study would reduce the impacts to a less than significant level. There is no substantial evidence, in light of the whole record before the lead agency (the City of Los Altos) that the project, 301
Agenda Item # 11.
Subject: Proposed Four-Story Multiple-Family Residential at 355 First Street February 8, 2022 Page 2
with mitigation measures incorporated, may have a significant effect on the environment. Please review Attachment 6 (Mitigated Negative Declaration) in the Joint Planning/Complete Streets Commission Agenda Report (Attachment 3) for further details.
Policy Question(s) for Council Consideration:
Does the proposal meet the required findings for design review and subdivision per the Los Altos Municipal Code?
Summary:
• The Project includes the demolition of six existing commercial buildings and one existing single-family residence, and the construction of a new four-story multiple-family building with 50 condominium units, two levels of underground parking with 113 parking spaces, 34 interior bicycle parking spaces, and a private rooftop area. • The Project will replace the existing sidewalk along First Street and Whitney Street and will be required to add two new ADA ramps and crosswalk striping per the City standards on the northeast and southeast corner of the intersection with First Street and Whitney Street.
• The Project proposes six (6) dedicated below market rate units with three (3) at the moderate-income level and three (3) at the very low-income level. Since the project is providing 8% of the units at the very low-income level, it qualifies for one (1) density bonus concession / incentive.
• The Project was reviewed by the Complete Streets and Planning Commissions. The Complete Streets Commission and the Planning Commission recommended approval with specific modifications.
Staff Recommendation:
City Council approval of design review and subdivision applications D21-0003 and TM21-0001 per the findings and conditions contained in the resolution. 302
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Subject: Proposed Four-Story Multiple-Family Residential at 355 First Street February 8, 2022 Page 3
Purpose
Consider the recommendation from the Planning Commission and Complete Streets Commission and evaluate whether the project complies with the Los Altos Municipal Code requirements for design review and tentative subdivision map approval and furthers the City’s efforts of providing for the production of housing, as reflected in the Goals, Policies, and Programs of the Housing Element and other elements in the Los Altos General Plan.
Background
Site Setting and Project Description
The development proposal includes a Design Review and Subdivision Vesting Tentative Map applications for a new four story, 50-unit multiple-family residential development on a .64-acre (27,887 square-foot) site comprised of four parcels at 355 First Street (APN: 167-41-026), 365 First Street (APN: 167-41-027), 371 First Street (APN: 167-41-028), and 373 First Street (APN:
167-41-029). The project site is located on the east side of First Street, at the intersection of Whitney Street, and it is developed with seven existing buildings totaling 7,648 square feet, including a hair salon, coin shop, office building, a single-family residence and two outbuildings.
The four sites do not gain vehicular access from First Street, the site at 355 First Street obtains access from a driveway along Whitney Street, and the three parcels at 365 First Street, 371 First Street and 373 First Street gain vehicular access from the alley that runs along the rear (eastern) property line.
The Applicant proposes to demolish the existing buildings and construct a four-story building with 50 residential condominium units, two levels of underground parking with 113 parking spaces, 34 interior bicycle parking spaces, and a private rooftop area. The driveway location will be located along the alley that abuts the eastern lot line and will provide access to the underground garage.
The Project will replace the existing sidewalk along First Street and Whitney Street and will be required to add two new ADA ramps and crosswalk striping per the City standards on the northeast and southeast corner of the intersection with First Street and Whitney Street. The Project proposes six (6) dedicated below market rate units with three (3) at the moderate-income level and three (3) at the very low-income level. Since the project is providing 8% of the units at the very low-income level, it qualifies for one (1) density bonus concession / incentive.
Planning Commission Study Session
On January 21, 2021, the Planning Commission held a study session to review and provide feedback on the Project’s architectural and site design. At that time, the project was proposed as 50 condominium units with a four-story building with two levels of underground with 111 parking spaces. The underground parking was accessed from the alley that abuts the eastern lot line. The project shown to the Planning Commission identified a total of eight (8) affordable units (7 moderate and 1 low-income unit) with a base density of 37 units for the project. 303
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Overall, the Commission expressed general support for the project. The Commissioners shared some concerns such as:
1. The fourth floor could benefit from some setback or better articulation,
2. The rear elevation is more successful than the front elevation, the structure appears bulky for First Street and lacks a relationship to the City’s village character,
3. The unit sizes could be reduced to create smaller units,
4. There is an opportunity to create a buffer zone between the sidewalk and building, recommended the applicant use the objective design standards being developed at time of commission review,
5. The building entrance is underwhelming, the interior courtyard could be used in a better way,
6. An improved landscaping plan is necessary to improve the transition from the building to back of sidewalk,
7. The roof deck needs to insulate noise and light to neighbors, and the development could use more affordable units.
Please refer to Attachment 2 in the Complete Streets Commission/Planning Commission Agenda report (Attachment 3) for comments made by the commission at this meeting.
Complete Streets Commission Study Session
Per Section 2.08.160 of the Los Altos Municipal Code the Complete Streets Commission (CSC) is an advisory body to the City Council on bicycle, pedestrian, parking, and traffic matters. As a result, and per 14.78.090 of the Los Altos Municipal Code, City staff and the applicant attended a study session with the applicant on February 24, 2021. Formal meeting minutes are not available for this meeting, but below is a summary of the major items discussed and how the project has been modified accordingly:
Table 1-Complete Streets Commission CSC Input
CSC Comments Applicant’s Response
Enhance back-alley access The alley was enhanced with further raised planters and the exit was enhanced with a raised walkway.
Additional bicycle parking Bicycle parking above the required has been provided.
As we develop the utilities for the
project more space may be available.
Additional EV Charging station An EV Charging Station has been provided for every unit
Examine streetscape on First
Street
Numerous design revisions have been made to the
project including the building design and the
landscape.
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SB330 - Joint Complete Streets Commission and Planning Commission Meeting Development project applications submitted after January 1, 2020 are subject to SB-330, the Housing Crisis Act of 2019. The application was submitted on January 19, 2021; therefore, the project is subject to SB-330 provisions which includes a maximum of five public hearings. To reduce the total number of hearings, the Los Altos City Council directed staff and commissions to hold joint meetings; therefore, on December 2, 2021, the Complete Streets Commission and Planning Commission held a joint meeting to consider the project and provide recommendations to the City Council as specified by the Zoning Code. The Complete Streets Commission is tasked with reviewing the bicycle, pedestrian, parking and traffic elements of a development application and providing an advisory recommendation to the Planning Commission and City Council recommending approval of the proposed project. The Planning Commission also recommended approval of the project with a suggestion that electric power charges be installed in the bike storage area. A copy of the minutes for the meeting are provided as Attachments 2 and 3.
Story Pole Installation
Pursuant to the City Council Policy and Community Development Department procedures, the Applicant installed story poles per the approved plans as verified by the Applicant’s civil engineer/surveyor as found in the certification letter included as Attachment 9 of the Commission Agenda Report (Attachment 3).
Summary of the Traffic Impact Analysis
The VTA VMT Evaluation Tool says that residential projects located within the project’s transportation analysis zone (TAZ) would generate 7.08 VMT/capita. Similarly, the tool finds that the proposed project is projected to generate 6.37 VMT per capita. Since the proposed project’s estimated VMT per capita of 6.37 is lower than the significance threshold of 10.39 VMT per capita, the project would have a less than significant impact of vehicle miles traveled. Please review the TIA within the Mitigated Negative Declaration for additional traffic related details.
Project consistency with the General Plan and CMP’s LOS thresholds was evaluated relative to both existing traffic and background traffic volumes. For the existing plus project scenario, the levels of service at the seven study intersections under study were evaluated for the current traffic conditions and the traffic conditions expected to result from added vehicular trips under the proposed project.
The project is estimated to generate 196 new daily trips, with 9 net new trips (-3 inbound and 12 outbound) during the AM peak hour and 12 net new trips (12 inbound and 0 outbound) during the PM peak hour. A copy of the TIA is provided
The trip distribution pattern for the project was estimated based on existing travel patterns on the 305
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surrounding roadway system and the locations of complementary land uses. The project impacts were evaluated relative to the seven intersections conveyed in Table 4 of the Traffic Impact Analysis (Attachment 4), and it found the following:
• Five of the seven study intersections would continue to operate at an acceptable level of service during both AM and PM peak hours. Since the project would add trips to existing low-delay movements, there would be a decrease in overall average delay at some intersections. • The intersection of Foothill Expressway and San Antonio Road currently operates at an unacceptable level of service during the PM peak hour. However, the addition of project trips would not adversely affect traffic operations at the intersection because these trips would not increase the average delay at the intersection by more than four seconds. • The San Antonio Road & Whitney Street/Pepper Drive intersection currently operates at an unacceptable level of service during the PM peak hour. However, the addition of project generated trips would not adversely affect traffic operations at the intersection. Since the unsignalized intersection of San Antonio Road & Whitney Street/Pepper Drive operates at LOS E, a signal warrant check (MUTCD 2010 edition, Part 4, Warrant 3) was conducted for the intersection based on the peak-hour traffic warrant. The analysis shows that the signal warrant is not met with or without the project.
The proposed project would not result in a substantial increase in traffic volumes at the affected intersections. The City of Los Altos’ circulation system would continue to operate effectively following implementation of the project. Therefore, traffic generated by the proposed project would be consistent with the General Plan and the Congestion Management Program.
Transit Stop
The closest bus stop is located along both sides of San Antonio Road (near Whitney Street) approximately 800 feet from the subject site which is considered an acceptable walking distance.
Local VTA route 40 provides service between Foothill College in Los Altos Hills and La Avenida Street in Mountain View via San Antonio Road, Lyell Street and First Street. According to the traffic impact analysis, existing bus service is expected to have sufficient capacity to accommodate new riders as a result of the project.
Pedestrian and Bicycles
Pedestrian facilities consist of sidewalks, crosswalks, and pedestrian signals at signalized intersections. The proposed project would provide sidewalks, crosswalks, and pedestrian signals at signalized intersections. The project proposes to construct a new five-foot-wide sidewalk and seven-foot-wide planting strip along its frontage on Whitney Street and an eight to 12-foot-wide sidewalk along its frontage on First Street. Trees would be planted along the sidewalk on the First Street frontage.
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The Pedestrian Master Plan includes goals, policies and actions for improving the pedestrian environment in Los Altos, including planning for pedestrian accommodation and facilities that serve people of all ages and abilities, developing a safe pedestrian network, and increasing pedestrian mode share. Pedestrian circulation would not be inhibited by the proposed project and the project would not conflict with the Los Altos Pedestrian Master Plan. The proposed project would include pedestrian access points to existing facilities and would not prevent the City from implementing the goals of the Pedestrian Master Plan. If approved by the City Council, the applicant will be required to improve the sidewalk along First and Whitney so there is an accessible path of travel per the Americans with Disabilities Act (ADA).
Bicycle facilities in the vicinity of the project site include bike lanes and bike routes. Bike lanes (Class II facilities) are lanes on roadways designated for use by bicycles with special lane markings, pavement legends, and signage. Bike routes (Class III facilities) are roadways shared between bicycles and vehicles. While most streets in the downtown area lack bicycle facilities, they have slow traffic speeds and are conducive to bicycling. The project proposes to provide 34 long term Class I bicycle parking spaces located in bicycle lockers in the underground garage area, which complies with the VTA guidelines to provide one Class I facility for every three units. The project also proposes six short term Class II bicycle parking spaces on two bicycle racks located along the project frontage on First Street, which complies with the VTA standard to provide one Class II bicycle facility for every 15 units. See sheet A08 of the submitted plans for details.
The project would not remove any bicycle facilities and would not preclude the continued use of existing bicycle facilities in the project area, nor would it conflict with Los Altos General Plan policies promoting continued and expanded bicycle use.
Discussion/Analysis
General Plan and Zoning District Development Standards
The Project is consistent with all applicable goals and policies contained in the Los Altos General Plan. This includes goals, policies and programs in the Land Use Element, Community Design & Historic Resources Element, Economic Development Element and Housing Element. The Project complies with all applicable site standards for a multiple-family residential project in the CD/R3 District1
, and all other applicable Zoning Code site development requirements. Pursuant to Section
14.52.060 of the Municipal Code, the Project is required to provide a minimum 60% of softscape surfaces (plant material) within the front and rear yard areas. The Applicant is providing approximately 60% of the front yard and rear yard area with softscape surfaces.
1 The project was deemed complete prior to the recent zoning ordinance changes that established new objective design standards; therefore, the Project was reviewed for consistency with the prior zoning ordinance requirements. 307
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Design Review Findings and Guidelines
To approve the Project, the City Council must make positive design review findings as outlined in Section 14.78.060 of the Municipal Code (see the Resolution in Attachment 1). In addition to complying with the standard design review findings, the Project must address the CD/R3 District’s Design Controls (Section 14.52.110).
Overall, the project reflects a desired and appropriate development intensity for the CD/R3 District and within the First Street District as outlined in the General Plan and the Downtown Vision. The multiple-family development provides for studio, one-, two- and three-bedroom market-rate housing units that are more affordable by design as compared to single-family housing that is the predominant housing type in Los Altos and will contribute to the commercial vitality of the Downtown. The proposal meets General Plan Policy Land Use Policy 3.1, which encourages residential development above the ground floor that includes affordable housing units in the downtown core.
The proposal has architectural integrity and has an appropriate relationship with other structures in the immediate area in terms of height, bulk and design. The majority of the older buildings in the immediate area are fairly nondescript and lack a lot of architectural style. These are typically small-scale buildings at this time, but many are in the process of being transformed into larger scale developments. The projects at 389, 425, and 440 First Street have three stories of residential units above grade while 450 First Street and this project at 355 First Street have four stories above grade. A comparison of the projects’ First Street facades are shown below at a matching scale, and this is conveyed in the architectural peer review report by Cannon Design Group shown as Attachment 5 in the Complete Streets Commission/Planning Commission Agenda Report (Attachment 3). While the project includes an increase in scale from existing buildings, it is compatible with height, mass, and bulk with this project of the projects approved by the City Council in the neighborhood context.
The building mass is articulated to relate to the human scale, both horizontally and vertically.
Building elevations have variation and depth and avoid large blank wall surfaces. The building was designed with numerous changes in wall planes both horizontally and vertically to provide strong visual interest. The patio spaces at the lower-level step in and out and have cantilevered elements above that provide a sense of habitation as well and relating to human scale at the ground level. The second level balconies are recessed into the façade to provide a covered outdoor space while the upper balconies step back to break up the building massing with depth and a material change. The building entrance is clearly identifiable and the scale and material of the entrance and the surrounding landscaping signals its use.
The exterior materials and finishes convey high quality, integrity, permanence and durability, and materials are used effectively to define building elements. The exterior materials for this project reflect not only the architectural style of the building, but high-quality durable materials as well. 308
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A clean lined modern stone veneer is used at the planter elements to define the base of the building.
The horizontal siding material layered with the panels defines a base and creates a layered effect to break down the building mass. These materials along with the selected color palette provide a rich street presence that is harmonious with surrounding buildings both old and new.
The landscape plan appears generous and inviting. The building along First Street has been set back a minimum of 10 feet from the property line providing a constant band of landscape planters integrated into the front of the building. In addition to this landscape buffer, there are street trees planted at regular intervals within the City right of way to provide a shaded pedestrian experience as people walk towards downtown. The maximum amount of landscaping is provided with a layering of planter wall heights. Bike racks and benches are provided. Street trees are proposed on First Street and the Alley. The existing street trees on Whitney Street are proposed to remain The mechanical equipment is screened from public view due to the building screening being designed to match the building parapet heights, and screen equipment from public view.
The service, trash and utility areas are screened from public view, or are enclosed in structures that are consistent with the building architecture in materials and detailing due to the trash areas being enclosed within the basement and not being visible from the street. A service vehicle (Cushman 35LR54) is shown on the upper garage plan to move trash from the trash storage area to the trash staging area along the alley on the east side of the building.
The Downtown Design Guidelines (adopted December 8, 2009) and the more recently adopted Downtown Vision Plan provide additional criteria and guidelines for new development to ensure that high quality materials are utilized, appropriate scales and massing are incorporated, and overarching Downtown characteristics are preserved and maintained. An architectural peer review report, which includes a summary the Downtown Design Guidelines for the First Street District and a critique of the architectural design, was completed for the project is shown as Attachment 5 in the Complete Streets Commission/Planning Commission Agenda report (Attachment 3). The Applicant chose to modify the design based on the architectural peer review report as conveyed in Table 3 of the Complete Streets Commission/Planning Commission Agenda report, which was also considered and supported by the majority of Planning Commissioners.