Agenda packet — Los Altos City Council, December 13, 2022

CITY COUNCIL MEETING
AGENDA
7:00 PM - Tuesday, December 13, 2022
via Teleconference and In Person
Please Note: The City Council will meet in person as well as via Telephone/Video Conference Telephone: 1-669-444-9171 / Webinar ID: 822 8703 5947
https://losaltosca-gov.zoom.us/j/82287035947?pwd=STNvYUV5bHQrRUhRNHQ0cU9jcWJRQT09 Passcode: 309092
TO PARTICIPATE IN-PERSON: Members of the public may also participate in person by being present at the Los Altos Community Center within the Sequoia meeting room located at 97 Hillview Ave, Los Altos, CA
TO PARTICIPATE VIA VIDEO: Follow the link above. Members of the public will need to have a working microphone on their device and must have the latest version of 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.

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

REPORT ON CLOSED SESSION
1 12/13/2022 CITY COUNCIL MEETING AGENDA Page 2 of 3

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.

A. EnterTextHere

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

1. Approve Tract Map for 4898 El Camino Real: Authorize the City Manager to execute the Subdivision Improvement Agreement and move to approve the Final Map for Tract Map #10581 4898 El Camino Real (H. Musaefendic)

2. Approve 2023 Council Meeting Schedule: Adopt the Meeting Schedule for Council’s Regular and Special Meetings for 2023 (A. Rodriguez)

3. Affirm 2023 Council Commission and Committee Assignments: Affirm Mayor appointments to Local, Regional Boards and City Committees and Commissions (A. Rodriguez)

4. Second Amendment to the Noll & Tam Architects and Planners’ EOC Conceptual Design Agreement for the Design, Construction Documents, and Construction Administration for the New Emergency Operations Center (EOC): Adopt a resolution to authorize the City Manager to execute Amendment No. 2 to the EOC Conceptual Design Agreement between the City of Los Altos and Noll & Tam Architects and Planners through FY 24-25 in an amount not to exceed $250,690 to provide Design, Construction Documents, and Construction Administration for a new Emergency Operations Center to be constructed in the Community Center (M. Loatfi)

5. Emergency Declaration Resolution: Adopt a Resolution extending the declaration of a local emergency due to the COVID-19 pandemic (J. Maginot)

6. Minutes: Approve Minutes of the City Council Regular Meeting of November 29, 2022. (A.

Rodriguez)

7. Accept Resolution No. 2022-xx: Releasing Unclaimed Funds

8. Establishment of a 401(a) Money Purchase Plan for Unrepresented Employees: Adopt Resolution 2022-XX to establish a 401(a) Money Purchase Plan for unrepresented employees and authorize the City Manger to execute the required adoption documents (I. Silipin)

9. Resolution No. 2022-xx: Declaration of election results and canvass of returns: Adopt a Resolution accepting the Certificate of Election Results from the Santa Clara County Registrar of 2 12/13/2022 CITY COUNCIL MEETING AGENDA Page 3 of 3
Voters for the November 8, 2022 General Municipal Election and declaring the results to be final (A. Rodriguez)

SPECIAL ITEM

10. Council Reorganization:
a. Remarks from outgoing Council member
b. Vice Mayor and Council members remarks about outgoing Mayor c. Administration of Oath to newly elected Council members d. Remarks from newly elected Council members
e. Election of new Mayor and Vice Mayor
f. Remarks from new Vice Mayor
g. Remarks from new Mayor

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

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

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

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

If you wish to provide written materials, please provide the City Clerk with 10 copies of any document that you would like to submit to the City Council for the public record. 3 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]
4 Agenda Item # A.

From: Pat Marriot
To: Public Comment
Subject: PUBLIC COMMENT Item not on the agenda December 13, 2022 Date: Tuesday, December 13, 2022 7:22:18 PM
Attachments: proclamation.pdf
Please see attached proclamation read by Nancy Phillips at the meeting.

Thanks,
Pat Marriott
5 Agenda Item # A.

Proclamation
of Grateful Residents
of the City of Los Altos, California
WHEREAS, Anita Enander, in her service as Mayor and Councilmember, has been an independent voice, representing all constituents, respecting residents and staff, helping guide the city through troubled times; and WHEREAS, She provided expertise in land use issues to help complete the Housing Element Update; and WHEREAS, She co-led recruitment and hiring of City Manager Gabe Engeland; and WHEREAS, She prioritized attraction and retention of city staff to better run our city; and WHEREAS, She helped uncover major financial flaws in the city’s financial system; and WHEREAS, She worked with the city manager to gain approval of a 5-year CIP infrastructure plan: and WHEREAS, She endorsed a conservative budget to cover essentials and pay long-delayed pension obligations; and WHEREAS, She partnered with various colleagues on key issues, in every case gaining Council agreement.

IN WITNESS WHEREOF, we the undersigned grateful residents have hereunto set our hands and affixed this seal of appreciation this 13th day of December 2022.
6 Agenda Item # A.

Nancy Phillips Randall Hull Nancy Ellickson Paul Boetius Pat Marriott Bill Hough Divar Essaid Erika Boetius
Roberta Phillips Teressa Baer Roland Dow Tom Ferry
Wallace R. Palmer Deborah Boyd Kathleen Dow Albert Rooney Freddie Park Wheeler Camille Casale Jill Knapp Sonoko Rooney Leonard Yool Tim Fennel Kate Disney Jake Iantosca
Jonathan Baer Loretta Fennel Caroline Bedard Mariel Stoops Ken Lorell Richard Gorman Scott Spielman Karen Akiyama
Ron Packard Don Phillips Charis Spielman Dinesh Desai
Jim Jolly Nicole Phillips Debbie Skelton William C. White Carey Lai Bill Daley Teresa Morris Tony Guan
Cindy Langley Andrews Monica Waldman Janet Corrigan John Corrigan Nancy Martin Sally Xu Peggy Huang Robert Kline
John W. Heath, Esq. Melissa Malley Bob Malley Sheryl Johnson Jenna Moore Dana Tasic Jonathan Shores Jane Osborn
Carlo Fenwick Otto Skelton Fred Tuerk Frank Martin
Ron Ellickson Adele Hennig Anita Siegel Arlene Bazarian Kirk Lindstrom Linda Palmor Julian Palmor Gail Ostendorf Michael Ellerin Robert Jacobsen Janet Warrington Jon Saunders William F. (Bill) Moniz Maria Bautista John W. Heath Carol A. Tracht Phan Troung Norma Schroder Tony Lima Ken Gridley
Harriet Gridley Barbara DeBell Gary DeBell Rafael Sarabia Becky Sarabia Jane Fuchs Joseph Fuchs Michael Schuh
Timothy Forell Chinhua Kwei C. John Won Margaret Goossen Alice Kwei Richard Kane Jack Kwei Jo Ann Estill
Lida Naftchi Ramin Naftchi Armen Naftchi Alden Sam Naftchi Dr. Ronald Goosens Eleanor Tung Jeff Wilde Marta Wilde
Catherine Nunes Mike Plasterer
7 Agenda Item # A.

From: Jon Baer
To: Public Comment
Subject: please put my comments which i spoke during public comments at 12/13/22 council meeting into the public record
Date: Tuesday, December 13, 2022 7:39:31 PM
Attachments: enander talk2.docx
See attached
8 Agenda Item # A.

On behalf of myself, my family and so many residents in Los Altos, I would like to thank you, Mayor Anita Enander for your 4 years of service to the city and the community.
you exemplify what we want, but all too often don’t get in our leaders. Smart, thoughtful, thorough. Deep relevant experience and knowledge with a willingness to dig into the details. A true caring for the community and a desire to balance, often divergent interests and needs. all of this without favoring one special group over the best interests of all.

You never put personal agenda over choosing the best option or the best people. Many of us in town will miss your efforts to do the right thing.

I know that you will continue to work for the good of the community going forward, and for that the Los Altos
community should be grateful.
9 Agenda Item # A.

AGENDA REPORT SUMMARY

________ CALENDAR
Agenda Item # ___
Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: December 13, 2022
Subject: Authorize the City Manager to execute the Subdivision Improvement Agreement and move to approve the Final Map for Tract Map #10581 4898 El Camino Real
Prepared by: Harun Musaefendic, Assistant Engineer
Reviewed by: Victor Chen, Engineering Services Manager
Jim Sandoval, Public Works Director/City Engineer
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Tract Map #10581

2. Subdivision Improvement Agreement
Initiated by:

ADL 15 LLC
Previous Council Consideration:

October 1, 2019
Fiscal Impact:

None
Environmental Review:

The approval of a final map is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA guidelines section 15268(b)(3) in that CEQA does not apply to ministerial projects.

Policy Question(s) for Council Consideration:

None
Summary:
 Tentative map was approved on October 1, 2019
 Council to approve Tract Map #10581
Staff Recommendation:

Authorize the City Manager to execute the Subdivision Improvement Agreement and move to approve the Tract Map #10581 of 4898 El Camino Real.
10 Agenda Item # 1.

Subject: Approve the Final Map for Tract Map #10581, 4898 El Camino Real Date: December 13, 2022 Page 2
Purpose
Authorize the City Manager to execute the Subdivision Improvement Agreement and move to approve Tract Map #10581.

Background
On October 1, 2019, Council approved the multi-family design review application and the associated Tentative Map for the new development at 4898 El Camino Real. The recommended action will finalize the tentative final map for the project.

A Tentative Map (AKA, Tentative Parcel Map or Tentative Tract Map) is a map showing the layout of a proposed Subdivision, including the general description of the associated infrastructure.

The approved Tentative Map also sets conditions such as access, frontage, grading improvements, stormwater protection, and so forth which must be met before the final Parcel Map or Tract Map can be filed. An approved Tentative Map does not divide the property, rather it sets the conditions under which the division can occur. To actually divide the property, one must file a Parcel Map or Tract Map.

The attached Tract Map is the instrument that divides the property. It must conform to and incorporate all the Tentative Map conditions and must also comply with the standards for Parcel Maps or Tract Maps as set forth in the State Subdivision Map Act. It must also include plans describing the various improvements to the project site and to all other affected properties, including public roadways and public and private utilities.

Discussion/Analysis
Tract Map #10581 for the development at 4898 El Camino Real conforms to the Tentative Map approved on October 1, 2019. The map and survey have been checked and found satisfactory. All conditions of approval have been complied with and appropriate controls to ensure compliance have been established. All required fees and deposits have been received. The Tract Map is available in the Engineering Services Department office for inspection.

Recommendation
The staff recommends that the City Council authorizes the City Manager to execute the Subdivision Improvement Agreement and move to approve Tract Map #10581, which will enable the developer to complete the building permit application. 11 Agenda Item # 1.
12 Agenda Item # 1.
13 Agenda Item # 1.
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RECORDING REQUESTED BY:

City of Los Altos
WHEN RECORDED, MAIL TO:

City of Los Altos
City Clerk
1 North San Antonio Road, Los Altos, CA 94022

RECORD WITHOUT FEE UNDER
§§27383 & 27388.1 GOVERNMENT CODE
(SPACE ABOVE THIS LINE FOR RECORDER’S USE)
Improvement Agreement
Tract 10581
APN:170-03-085
ADL 15 LLC
14 Agenda Item # 1.
2 IMPROVEMENT AGREEMENT
This Improvement Agreement (this “Agreement”) is made and entered into by and between the CITY OF Los Altos, a municipal corporation (hereinafter "City"), and ADL 15 LLC, (hereinafter "Developer”). City and Developer may be collectively referred to herein as the “parties.”

RECITALS
A. In accordance with the Subdivision Map Act (California Government Code Sections 66410, et seq.), and the Subdivision Ordinance (Los Altos Municipal Code, Title 13), and the Street Ordinance (Los Altos Municipal Code, Title 9), the Developer has submitted to the City a Final Map (hereinafter “Final Map”) for the project known as Altos One (hereinafter “Project”).

B. The Project is geographically located within the boundaries of the Tentative Subdivision Map known as Altos Two 4898 El Camino Real (hereinafter “Tentative Map”). Lot located at 4898 El Camino Real (APN: 170-03-085 The Tentative Map is on file with the City Engineer and is incorporated herein by reference. The area within the boundaries of the Tentative Map is described in Exhibit A hereto (the “Property”).

C. The City’s approval of the Tentative Map was subject to specified conditions of approval (hereinafter “Conditions”). The Conditions are attached hereto as Exhibit B and incorporated herein by reference.

D. As required by the Conditions, the Tentative and Final Maps, and other Project entitlements, Developer shall construct public improvements in connection with the Project along El Camino Real and Jordan Avenue, including but not limited to the following: installation of approximately 1,350 square feet of concrete sidewalk, installation of approximately 305 lineal feet of concrete vertical curb and gutter, installation of approximately 1,350 square feet of AC deep lift, installation of one new driveway approach, installation of four accessible ramps, maintaining the existing light fixture and, installation of new light fixture in the sidewalk, installation of striping and red curb, repair of any damaged right-of-way infrastructures, removal and replacement of storm drain inlet, resurfacing (grind and overlay) half of the street along El Camino Real and Jordan Avenue if determined to be damaged and installation of all appurtenances associated with above listed improvements (collectively, the “Work”).

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. SCOPE OF WORK. The Developer shall perform, or cause to be performed, the Work to the Satisfaction of the City Engineer and in accordance with plans and specifications to be approved by the City Engineer (the “Plans and Specifications”). The Work shall be performed, and all materials and labor shall be provided, at the Developer’s sole cost and expense. No change shall be made to the Scope of Work unless authorized in writing by the City Engineer.

2. PERMITS, LICENSES, AND COMPLIANCE WITH LAW. The Developer shall, at the Developer’s expense, obtain and maintain all necessary permits and licenses for the performance of the Work. The Developer shall comply with all local, state, and federal laws, whether or not said laws are expressly stated in this Agreement. WITHOUT LIMITING THE GENERALITY OF THE

FOREGOING, DEVELOPER HEREBY AGREES TO BE BOUND BY THE LABOR CODE PROVISIONS ATTACHED HERETO AT EXHIBIT C.
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3. DEVELOPER’S AUTHORIZED REPRESENTATIVE. At all times during the progress of the Work, Developer shall have a competent foreperson or superintendent (hereinafter “Authorized Representative”) on site with authority to act on behalf of the Developer. The Developer shall, at all times, keep the City Engineer informed in writing of the name and telephone number of the Authorized Representative. The Developer shall, at all times, keep the City Engineer informed in writing of the names and telephone numbers of all contractors and subcontractors performing the Work.

4. IMPROVEMENT SECURITY. The Developer shall furnish faithful performance and labor and material security concurrently with the execution of this Agreement by the Developer, and prior to the commencement of any Work. The Developer shall furnish warranty security prior to the City's acceptance of the Work. The form of the security shall be as authorized by the Subdivision Map Act (including Government Code Sections 66499, et seq.) and Section 13.20.210 the Los Altos Municipal Code, and as set forth below:
4(a). Faithful Performance security in the amount of $147,814.00 (which amount is equal to the estimated cost to construct the Work in accordance with the Plans and Specifications) to secure faithful performance of this Agreement (until the date on which the City Council accepts the Work as complete) pursuant to Government Code Sections 66499.1, 66499.4, and 66499.9.
4(b). Labor and Material security in the amount of $73,907.00 (which amount is equal to fifty (50) percent of the estimated cost to construct the Work in accordance with the Plans and Specifications) to secure payment by the Developer to laborers and materialmen pursuant to Government Code Sections 66499.2, 66499.3, and 66499.4. 4(c). Warranty security in the amount of $14,781.00 (which amount is equal to ten (10) percent of the estimated cost to construct the Work in accordance with the Plans and Specifications) to secure faithful performance of this Agreement (from the date on which the City accepts the Work as complete until one year thereafter) pursuant to Government Code Sections 66499.1, 66499.4, and 66499.9.

5. BUSINESS TAX. The Developer shall apply for and pay the business license tax for a business license, in accordance with Los Altos Municipal Code Chapter 4.04.

6. INSURANCE. Developer shall, throughout the duration of this Agreement, maintain insurance to cover Developer (including its agents, representatives, contractors, subcontractors, and employees) in connection with the performance of services under this Agreement. Exhibit D of this Agreement identifies the minimum insurance levels with which Developer shall comply; however, the minimum insurance levels shall not relieve Developer of any other performance responsibilities under this Agreement (including the indemnity requirements), and Developer may carry, at its own expense, any additional insurance it deems necessary or prudent. The general liability and automobile policies required under Exhibit D shall contain, or be endorsed to contain, provision for the City, its officers, officials, employees, agents and volunteers, to be covered as additional insureds as respects alleged liability arising out of activities performed by or on behalf of the Developer under this Agreement.

Concurrently with the execution of this Agreement by the Developer, and prior to the commencement of any services, the Developer shall furnish written proof of insurance (certificates and endorsements), in a form acceptable to the City. Developer shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by this Agreement.

7. REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Developer shall immediately notify the City Risk Manager’s office by telephone at 650-947-2609, and Developer shall promptly submit to the City’s Risk Manager and the City Manager or designee, a written report (in a form acceptable to the 16 Agenda Item # 1.
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City) with the following information: (a) a detailed description of the damage (including the name and address of the injured or deceased person(s), and a description of the damaged property), (b) name and address of witnesses, and (c) name and address of any potential insurance companies.

8. INDEMNIFICATION. Developer shall indemnify, hold harmless, and defend (with counsel reasonably acceptable to the City) the City and its elected officials, officers, agents and employees from and against any and all claims (including all litigation, demands, damages, liabilities, costs, and expenses, and including court costs and attorneys’ fees) resulting or arising from performance, or failure to perform, under this Agreement (with the exception of the gross negligence or willful misconduct of the City).

9. TIME OF PERFORMANCE. Time is of the essence in the performance of the Work, and the timing requirements set forth herein shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. The Developer shall submit all requests for extensions of time to the City, in writing, no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. 9(a). Commencement of Work. No later than fifteen (15) days prior to the commencement of Work, the Developer shall provide written notice to the City Engineer of the date on which the Developer shall commence Work. The Developer shall not commence Work until after the notice required by this section is properly provided, and the Developer shall not commence Work prior to the date specified in the written notice.
9(b). Schedule of Work. Concurrently with the written notice of commencement of Work, the Developer shall provide the City with a written schedule of Work, which shall be updated in writing as necessary to accurately reflect the Developer’s prosecution of the Work. 9(c). Completion of Work. The Developer shall complete all Work by no later than three hundred sixty-five (365) days after the City’s execution of this Agreement.

10. INSPECTION BY THE CITY. In order to permit the City to inspect the Work, the Developer shall, at all times, provide to the City proper and safe access to the Project site, and all portions of the Work, and to all shops wherein portions of the Work are in preparation. Developer shall reimburse the City for the costs of the City Engineer’s inspections of the Work, as required by Los Altos Municipal Code Section 13.20.190.

11. DEFAULT. If either party (“demanding party”) has a good faith belief that the other party (“defaulting party”) is not complying with the terms of this Agreement, the demanding party shall give written notice of the default (with reasonable specificity) to the defaulting party, and demand the default to be cured within ten days of the notice. If: (a) the defaulting party fails to cure the default within ten (10) days of the notice, or, (b) if more than ten (10) days are reasonably required to cure the default and the defaulting party fails to give adequate written assurance of due performance within ten (10) days of the notice, then (c) the demanding party may terminate this Agreement upon written notice to the defaulting party.
11(a). The Developer shall be in default of this Agreement if the City Engineer determines that any one of the following conditions exist:
11(a)(1). The Developer is insolvent, bankrupt, or makes a general assignment for the benefit of its creditors.
11(a)(2). The Developer abandons the Project site.
11(a)(3). The Developer fails to perform one or more requirements of this Agreement. 17 Agenda Item # 1.
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11(a)(4). The Developer fails to replace or repair any damage caused by Developer or its agents, representatives, contractors, subcontractors, or employees in connection with performance of the Work.
11(a)(5). The Developer violates any legal requirement related to the Work. 11(b). Without prejudice to any other remedy available to the City at law, in equity, or under this Agreement, in the event that the Developer fails to cure the default, the City may, in the discretion of the City Engineer, take any or all of the following actions:
11(b)(1). Cure the default and charge the Developer for the costs therefor, including administrative costs and interest in an amount equal to seven percent (7%) per annum from the date of default.
11(b)(2). Demand the Developer to complete performance of the Work. 11(b)(3). Demand the Developer’s surety (if any) to complete performance of the Work.

12. ACCEPTANCE OF WORK. Prior to acceptance of the Work by the City Engineer, the Developer shall be solely responsible for maintaining the quality of the Work and maintaining safety at the Project site. Neither the final certificate of payment, nor any provision in this Agreement, nor partial or entire use or occupancy of the improvements by the City shall constitute an acceptance of the Work not done in accordance with this Agreement or relieve Developer of liability pursuant to Section 13, below. The Developer’s obligation to perform the Work shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, the City Engineer has accepted the Work as complete, and the City Council has authorized the release of the security for faithful performance as described in Government Code Section 66499.7.

13. WARRANTY PERIOD. The Developer shall warrant the quality of the Work, in accordance with the terms of the Plans and Specifications, for a period of one year after acceptance of the Work by the City. In the event that (during the one-year warranty period) any portion of the Work is determined by the City Engineer to be defective as a result of an obligation of the Developer under this Agreement, the Developer shall be in default.

14. RELATIONSHIP BETWEEN THE PARTIES. Developer is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, contractors, or subcontractors, including any negligent acts or omissions. Developer is not City’s agent and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Developer.

15. CONFLICTS OF INTEREST PROHIBITED. Developer (including its employees, agents, contractors, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Developer maintains or acquires a conflicting interest, any contract with the City (including this Agreement) involving Developer’s conflicting interest may be terminated by the City.

16. NONDISCRIMINATION. Developer shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Developer shall not discriminate against any employee or applicant because of race, color, ancestry, ethnicity, religious creed, national origin, physical disability, mental disability, medical condition, marital or family status, sexual orientation, gender or gender identification, age (over 40), veteran status, or sex.
18 Agenda Item # 1.
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17. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt (or refusal) by a party, or (b) actual receipt (or refusal) at the address designated below, or (c) three (3) working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. Either party may modify their respective contact information identified in this section by providing notice to the other party.

TO: City To: Developer
Attn: City Clerk’s office
Angel Rodriguez Attn: ADL 15 LLC/Navneet Aron
1 N. San Antonio Road 329 S San Antonio Road #4
Los Altos, Ca 94022 Los Altos, CA 94022

18. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

19. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.

20. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Santa Clara.

21. ATTORNEYS’ FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

22. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Developer’s duties be delegated, without the written consent of the City. Any attempt to assign or delegate this Agreement without the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

23. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

24. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

25. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

26. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the Work described herein. This Agreement supersedes all prior negotiations, agreements, and understandings 19 Agenda Item # 1.
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regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all.

27. COVENANT RUNNING WITH THE LAND. This Agreement is entered into as a condition of the Tentative Map, is an instrument affecting the title or possession of the real property, and is intended to run with the land. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of City, Developer, the successors in interest of Developer, their respective successors and permitted assigns, and all subsequent owners of a fee interest in the Property or of a beneficial interest substantially equivalent to a fee interest. The obligations of the Developer under this Agreement shall be the joint and several obligations of each and all of the parties comprising Developer, if Developer consists of more than one individual and/or entity. Upon the sale or division of the Property, the terms of this Agreement shall apply separately to each parcel and the fee owners of each parcel shall succeed to the obligations imposed on Developer by this Agreement.

28. MISCELLANEOUS. This Agreement may be executed in counterparts, each of which shall be deemed an original. There are no third-party intended beneficiaries of this Agreement. This Agreement represents the contributions of both parties, each of whom has had the opportunity to be represented by competent counsel, and the rule stated in Civil Code Section 1654 that ambiguities in a contract be construed against the drafter shall have no application hereto.

29. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Developer and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

IN WITNESS WHEREOF, the City and Developer do hereby agree to the full performance of the terms set forth herein.

CITY OF LOS ALTOS DEVELOPER
ADL 15 LLC
_______________________ __________________________
By: Gabe Engeland By: Navneet Aron
Title: City Manager Title: President & CEO
Date: ____________________ Date: ____________________
APPROVED AS TO FORM:
______________________
By: Jolie Houston
Title: City Attorney
************************************************************************************* *******************
20 Agenda Item # 1.
8 EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
21 Agenda Item # 1.
9 EXHIBIT B

CONDITIONS OF APPROVAL
22 Agenda Item # 1.
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15 EXHIBIT C

LABOR CODE PROVISONS

1. This Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.

2. The Work is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

3. Developer shall not enter into a contract with a contractor for the performance of the Work unless the contractor and its subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.
28 Agenda Item # 1.
16 EXHIBIT D

INSURANCE REQUIREMENTS
Developer’s performance of Work under this agreement shall not commence until Developer shall have obtained all insurance required under this Exhibit and such insurance shall have been reviewed and approved by the Risk Manager. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier.

Developer shall procure and maintain for the duration of the contract all necessary insurance against claims now and in the future for alleged injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Developer, the Contractor it’s agents, representatives, employees and contractors.

INSURANCE COVERAGE AND LIMITS RESTRICTIONS

1. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

2. The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage:
a. Blanket contractual liability
b. Broad form property coverage
c. Personal injury

2. Insurance Services Office form covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance.

4. Such other insurance coverages and limits as may be required by the City.

B. MINIMUM LIMITS OF INSURANCE
Developer shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and a $2,000,000 aggregate. If Commercial General Liability insurance or other form with a general aggregate liability is used, either the general aggregate limit shall apply separately to this agreement or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability:

Bodily Injury by Accident - $1,000,000 each accident.

Bodily Injury by Disease - $1,000,000 policy limit.

Bodily Injury by Disease - $1,000,000 each employee.
29 Agenda Item # 1.
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4. Such other insurance coverages and limits as may be required by the City of.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS

1. Any deductibles or self-insured retentions must be declared to and approved by the City of.

At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of **CITY**, its officers, officials, employees, and volunteers; or the Developer shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

2. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

3. The City reserves the right to obtain a full certified copy of any insurance policy and endorsement. Failure to exercise this right shall not constitute a waiver of right to exercise later.

D. ADDITIONAL INSURED REQUIREMENTS:

The required general liability and automobile policies are to contain, or be endorsed to contain the following provisions:
a. The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects alleged: liability arising out of activities performed by or on behalf of the Developer; products and completed operations of the Developer; premises owned, occupied or used by the Developer; or automobiles owned, leased, hired or borrowed by the Developer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers.
b. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers.
c. The Developer’s insurance shall apply separately to each insured against whom claim is made or suit is brought except, with respect to the limits of the insurer’s liability. d. Developer shall furnish properly executed Certificates of Insurance from insurance companies acceptable to the City and signed copies of the specified endorsements for each policy prior to commencement of work under this agreement. Such documentation shall clearly evidence all coverages required above including specific evidence of separate endorsements naming the City and shall provide that such insurance shall not be materially changed, terminated or allowed to expire except after 30 days prior written notice by certified mail, return receipt requested, has been filed with the City Clerk.

Such insurance shall be maintained from the time work first commences until completion of the work under this agreement. Developer shall replace such certificates for policies expiring prior to completion of work under this agreement.

E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII.

F. COMPLETED OPERATIONS
Developer shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event the Developer fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by the Developer.
30 Agenda Item # 1.
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G. CROSS-LIABILITY
The Liability policy shall include a cross-liability or severability of interest endorsement.

H. FAILURE TO MAINTAIN INSURANCE COVERAGE
If Developer, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City, at its sole option, may terminate this agreement and obtain damages from the Developer resulting from said breach.

Alternatively, the City may purchase such required insurance coverage, and Developer shall reimburse the City for any premium costs advanced by the City for such insurance.

I. PRIMARY AND NON-CONTRIBUTORY
For any claims related to this project, the Developer’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Developer’s insurance and shall not contribute with it.

The additional insured coverage under the Developer’s policy shall be primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.

J. SUBCONTRACTORS
Developer shall require its contractors to maintain the same levels of insurance and provide the same indemnity that the Developer is required to provide under this Agreement. A contractor is anyone who is under contract with the Developer or any of its contractors to perform work contemplated by this Agreement. The Developer shall require all contractors to provide evidence of valid insurance and the required endorsements prior to the commencement of any work.

K. SUBROGATION WAIVER
Developer agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all Contractors, subcontractors or others involved in any way with the services to do likewise.

L. VERIFICATION OF COVERAGE
Developer shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before the services commence.
31 Agenda Item # 1.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: December 13, 2022
Subject Approve 2023 Council Meeting Schedule: Adopt the Meeting Schedule for Council’s Regular and Special Meetings for 2023
Prepared by: Angel Rodriguez, Interim City Clerk
Reviewed by: Jon Maginot, Assistant City Manger
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. 2023 Council Meeting Schedule
Initiated by:

City Council
Previous Council Consideration:

None
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to approve the 2023 City Council meeting schedule? Summary:
 The City Council regularly meets on the second and fourth Tuesdays of each month Staff Recommendation:

Approve the 2023 City Council meeting schedule
32 Agenda Item # 2.

Subject: Approve 2023 Council Meeting Schedule: Adopt the Meeting Schedule for Council’s Regular and Special Meetings for 2023
12/13/22 Page 2
Purpose
To set the City Council meeting schedule for 2022.

Background
The City Council holds its regular meetings on the second and fourth Tuesdays of each month, beginning at 7:00 p.m. and sets its meeting schedule in December of the year prior.

Discussion/Analysis
The proposed City Council 2023 meeting schedule can be referenced in Attachment 1 of the Council packet.

Recommendation
Approve 2023 Council Meeting Schedule.
33 Agenda Item # 2.
2023 CITY COUNCIL MEETING SCHEDULE
Proposed December 13, 2022

• January 10, 2023
• January 24, 2023
• February 14, 2023
• February 28, 2023
• March 14, 2023
• March 28, 2023
• April 11, 2023
• April 25, 2023
• May 9, 2023
• May 23, 2023
• June 13, 2023
• June 27, 2023
• July 11, 2023
• August 22, 2023
• September 12, 2023
• September 26, 2023
• October 10, 2023
• October 24, 2023
• November 14, 2023
• November 28, 2023
• December 12, 2023
In addition, the following Special City Council Meetings are scheduled:
 January 2023 Council Retreat
• December 5, 2023 Council Reorganization
The adopted schedule includes cancelling the second regular meeting in July and the first regular meeting in August for a summer break and the second meeting in December that falls during City Hall’s end of year holiday closure.

The reorganization of the Council and the seating of new Councilmembers shall occur at a special meeting held on the earliest available Tuesday following the certification of election results, which is typically on the first Tuesday of December per Council Norms. 34 Agenda Item # 2.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: December 13, 2022
Subject Affirm 2023 Council Commission and Committee Assignments: Affirm Mayor appointments to Local, Regional Boards and City Committees and Commissions
Prepared by: Angel Rodriguez, Interim City Clerk
Reviewed by: Jon Maginot, Assistant City Manger
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. 2023 Council Assignments
Initiated by:

City Council
Previous Council Consideration:

None
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to affirm the Mayor’s appointments to local, regional boards and City committees and commissions for 2023?
Summary:
 The Mayor annually appoints Councilmembers to serve on local, regional boards and Council committees and commissions for 2023
Staff Recommendation:

Affirm the Mayor’s appointments to local, regional boards and Council committees and commissions for 2023.
35 Agenda Item # 3.

Subject: Affirm 2023 Council Commission and Committee Assignments: Affirm Mayor appointments to Local, Regional Boards and City Committees and Commissions 12/13/22 Page 2
Purpose
Affirm the Mayor’s appointments to local, regional boards and Council committees and commissions for 2023.

Background
Per the City’s Council Norms and Procedures, the Mayor appoints Councilmembers to serve on various local, regional Council Committees and regional boards. These appointments are done at the beginning of each year with the exception of certain, multi-year appointments. The appointments are subject to affirmation by the full Council.

Discussion/Analysis
For calendar year 2023, Mayor Meadows assignments can be referenced in Attachment 1.

Recommendation
Affirm the Mayor’s appointments to local, regional boards and Council committees and commissions for 2023.
36 Agenda Item # 3.
2023 City Council Assignments
Assignments will be confirmed at the December 13, 2022 Regular Council meeting *Designated Filer for Form 700
**Will be discussed as future City Council agenda item
***No Councilmember interest
December 2022
Council Standing Committees
Council Legislative Subcommittee** see footnote
City/LASD Schools Issues Lee Eng, Dailey
City/MVLA High School Issues Meadows, Weinberg
City/CUSD/FUSD Schools Issues Lee Eng, Fligor
Open Government Meadows, Weinberg
Youth Commission Interview Weinberg, Fligor
Community Organizations
CHAC Meadows
Los Altos/Los Altos Hills Joint Community
Volunteer Awards Committee
Fligor
County and Regional Organizations
*Association of Bay Area Governments Fligor Weinberg
Santa Clara County Cities Association – Board Meadows Weinberg Santa Clara County Cities Association – Legislative
Action Committee***
see footnote see footnote
Santa Clara County Cities Association – Selection
Committee
Meadows Weinberg
*Santa Clara County Library District JPA Lee Eng Fligor *North County Library Authority (2 year term) Meadows, Dailey Valley Transportation Authority - Policy Advisory
Committee
Weinberg Fligor
Valley Transportation Authority - State Route 85
Corridor Policy Advisory Board
Fligor Weinberg
*Santa Clara Valley Water Commission (2-year term) Fligor Dailey County Housing & Community Development Advisory
Committee (HCDAC)
Dailey 0
Silicon Valley Regional Interoperability Authority
(SVRIA) (3-year term)
Weinberg Dailey
Grand Boulevard Initiative Task Force Dailey Meadows
Silicon Valley Clean Energy Authority Board Meadows Dailey Santa Clara County Expressway Policy Advisory
Board
Fligor 0
Commissions
Complete Streets Fligor
Design Review Meadows
Environmental Dailey
Financial Weinberg
Historical Meadows
Library Meadows
Parks and Recreation Fligor
Planning Weinberg
Public Arts Dailey
Senior Lee Eng
Youth Lee Eng
Primary Alternate (if any)
37 Agenda Item # 3.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
38 Agenda Item # 3.

From: Roberta Phillips
To: Public Comment; Gabriel Engeland
Subject: Council Meeting Dec 13,2022 Item #3
Date: Sunday, December 11, 2022 11:55:19 AM
Dear Council Members and City Manager Engeland
I would like to pull Item #3 titled : Affirm 2023 Commission and Committee Assignments,from the consent calendar and have it as a discussion item. I will attend the meeting via zoom.

Sincerely
Roberta Phillips
39 Agenda Item # 3.

AGENDA REPORT SUMMARY

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: December 13, 2022
Subject: Second Amendment to the Noll & Tam Architects and Planners’ EOC Conceptual Design Agreement for the Design, Construction Documents, and Construction Administration for the New Emergency Operations Center (EOC) Prepared by: Morgan Loatfi, Special Projects Manager
Reviewed by: James Sandoval, Director of Public Works
Approved by: Gabriel Engeland, City Manager
Attachment(s):
 Attachment A: Scope of Work and Fee Estimate
 Attachment B: Resolution
Initiated by:

City Council – Capital Improvement Plan Project CF-01021 Previous Council Consideration:

None
Fiscal Impact:

The proposed scope of work for this agreement is estimated to cost $250,690. Sufficient funds are available in Project CF-01021—Emergency Operations Center in the FY-2022/23 CIP budget. - Amount already included in approved budget? Yes
- Total Budget Available in CF-01021: $2,350,000
- Amount above budget requested: $0
The Scope of Work and a breakdown of the $250,690 cost proposal is shown in Attachment A.

The proposal to build a standalone EOC behind the police station had an estimated total cost of $4.6-$4.9M. The proposal to design and construct an EOC in the Community Center has a total estimated cost of $2.35M, resulting in a project savings of $2.25M-$2.55M.

Environmental Review:

Not applicable
40 Agenda Item # 4.

Subject: Second Amendment to the Noll & Tam Architects and Planners’ EOC Conceptual Design Agreement for the Design, Construction Documents, and Construction Administration for the New Emergency Operations Center (EOC) December 13, 2022 Page 2
Policy Question(s) for Council Consideration:
 Does the Council wish to direct staff to complete the design of the new Emergency Operations Center (EOC), proposed to be integrated into the Los Altos Community Center, and proceed to bid on that project?
Summary:
 The City of Los Altos hired Noll and Tam to provide a conceptual design for incorporating a code-compliant EOC into the recently completed Los Altos Community Center.  Noll and Tam found the Community Center has the required spaces needed accommodate the design elements required for a new EOC.
 Staff is seeking Amendment No. 2 to Noll and Tam’s contract to carry forth design, construction documents, and construction administration services for the EOC in an amount not to exceed $250,690. The Scope of Work and a breakdown of this cost proposal is shown in Attachment A.
 The conceptual-level construction cost estimate for the EOC is $2,342,578, including $250,690 for the design and construction administration proposed herein, $172,883 for construction contingency (10%), and $190,172 for other soft costs (i.e., permitting, construction management, testing, etc.).

Staff Recommendation:

Adopt a resolution to authorize the City Manager to execute Amendment No. 2 to the EOC Conceptual Design Agreement between the City of Los Altos and Noll & Tam Architects and Planners through FY 24-25 in an amount not to exceed $250,690 to provide Design, Construction Documents, and Construction Administration for a new Emergency Operations Center to be constructed in the Community Center.

Purpose:

To complete the design of the new Emergency Operations Center (EOC) integrated into the Los Altos Community Center.

Background:

In Spring 2022, the City of Los Altos hired Noll and Tam to provide a conceptual design for incorporating a code-compliant Emergency Operations Center (EOC) into the recently completed Los Altos Community Center. Noll and Tam was hired sole-source for these services because a) they are intimately familiar with the Community Center since they designed and oversaw construction of this new facility, and b) their team has experience designing essential service facilities like the EOC.

The City requested the design team perform the conceptual design study to a) Determine if a Community Center EOC is a more feasible alternative to constructing a new stand-alone EOC behind the City Police Station, and
b) Study and layout how best to integrate a new EOC into the Community Center’s footprint. 41 Agenda Item # 4.

Subject: Second Amendment to the Noll & Tam Architects and Planners’ EOC Conceptual Design Agreement for the Design, Construction Documents, and Construction Administration for the New Emergency Operations Center (EOC) December 13, 2022 Page 3
The Noll and Tam team worked closely with project stakeholders, including Public Works Engineering, the Police Department, Parks & Recreation Facilities Maintenance, City Administrative staff, and leaders of the Los Altos Amateur Radio Emergency Service (LAARES or “Hams”) to understand their operational and infrastructure needs. This group of stakeholders worked with the design team to identify spaces and design elements within and outside the building that would support the EOC function without impacting the architectural qualities and function of the prominent Community Center.

Through the conceptual design phase, Noll and Tam found the Community Center has the required spaces needed to feasibly accommodate the design elements required for a new EOC.

Key to EOC project success is the design goal of minimal modification to the new community center’s aesthetic character. The project team recommended suitable spaces requiring minimal physical modifications and identified design strategies that minimize changes to the interior and exterior architectural character of the building. To this end, the key components of the EOC's design are as follows.

1. The primary EOC staff meeting space will be located in the centrally located Sequoia multi-purpose room, which the Council is currently hosting City Council Meetings in.

2. The LAARES HAM radio operations meeting space will be located in the Manzanita multi-purpose room, which overlooks the bocce ball courts on the north side of the main lobby. Design enhancements will occur to accommodate their seating, power, cabling, and antenna requirements, along with their storage needs.

3. Electrical and HVAC upgrades to meet the standards and code requirements of a fully functioning EOC.

As a fundamental pre-requisite, the City requested that the EOC fully comply with published EOC Code requirements and standards. The Community Center’s structural design currently meets the state’s requirements for an Essential Services Facility. Similarly, the building’s data and telecom infrastructure meet the standards necessary to support an essential services facility.

The existing electrical systems require upgrades to meet emergency power standards. The existing electrical system has a connection port suitable for connecting a portable emergency generator to provide most of the building with emergency power. This feature was included in the original design to support the Community Center’s operation as a shelter. The portable generator is not suitable for an EOC because the time span required to bring a portable generator to the site does not comply with EOC standard for nearly instantaneous emergency power. The project studied several locations and concepts for emergency power systems and generator locations and, together with City Staff, selected a remote location for a new emergency generator west of the Bus Barn Theater—between the theater and the large oak trees. The generator work includes an 42 Agenda Item # 4.

Of critical importance to the Center’s operation are communications systems. Since the LAARES are an important part of the City’s response to significant emergencies, the design team has worked closely with them to understand their operations and infrastructure needs so the Manzanita Room will be plug and play ready for them.

The conceptual-level construction cost estimate for the EOC is $2,342,578, including $250,690 for the design and construction administration proposed herein, $172,883 for construction contingency (10%), and $190,172 for other soft costs (i.e., permitting, construction management, testing, etc.).

As a comparison--in July of 2021, the City Council selected “Option C” for the construction of a standalone EOC behind the police station. The approval of Option C authorized an additional $2.4M for the EOC, which was added to a previously budgeted amount of $600,000, bringing the budgeted cost for the EOC to $3M at the time of approval. In addition to the $3M, there were known but as-of-yet unbudgeted costs for design review and approval from the Fire Department, construction escalation, entitlements, and contingencies. This increased the cost of Option C an additional $1.6-$1.9M, for a total project cost of $4.6-$4.9M for design and construction.

Additionally, prior to the approval of Option C, the City’s CIP Fund had an estimated deficit (unfunded obligation) of approximately $2M. The approved EOC project increased the unfunded obligations to approximately $4.4M. The additional known but not yet budgeted costs of $1.6- $1.9M would have increased the unfunded obligations to more than $6M at the close of EOC construction.

Discussion/Analysis:

Noll & Tam Architects was selected as the sole source Consultant to perform the Design, Construction Documents, and Construction Administration for the Emergency Operations Center (EOC) Project. The justification for this decision is because this firm completed the design and construction of the newly built Los Altos Community Center and is intimately familiar with the building spaces and operations. Also, the Noll & Tam design team has designed a number of essential services facilities, including EOCs.

Noll & Tam Architects was awarded a contract in the amount of $89,243 on May 25, 2022, and awarded Amendment No. 1 in the amount of $8,427 on December 7, 2022, to provide a conceptual design for incorporating a code-compliant Emergency Operations Center (EOC) into the recently completed Los Altos Community Center. Approval of Amendment No. 2 is 43 Agenda Item # 4.

Noll and Tam estimates the following schedule between now and the EOC’s construction contract bid award.
 1/9/23 - 2/20/23 Documentation- 6 weeks
 2/20/23 - 4/03/23 Planning Review + CEQA
o City or 3rd party consultant carries out CEQA review (~6 weeks)  4/03/23 - 4/17/23 Revise documents to incorporate planning + CEQA comments  4/17/23 - 5/29/23 Building Permit + Back Check
o 4/03 – 5/01 City Initial Review (4 weeks)
o 5/01 –5/15 Design Team Corrections (2 weeks)
o 5/15– 5/29 City Back Check (2 weeks)
 5/29/23 - 06/12/23 Prepare Bid Documents
 6/12/23 - 07/19/23 Issue for bid/4 week bid period
 8/22/2023 City Council Meeting: Award of Construction Contract Recommendation:

The staff recommends the City Council adopt a resolution to authorize the City Manager to execute Amendment No. 2 to the EOC Conceptual Design Agreement between the City of Los Altos and Noll & Tam Architects and Planners through FY 24-25 in an amount not to exceed $250,690 to provide Design, Construction Documents, and Construction Administration for a new Emergency Operations Center to be constructed in the Community Center. 44 Agenda Item # 4.
45 Agenda Item # 4.

Resolution No. 2022-xx Page 1
RESOLUTION NO. 2022-__

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

AWARD OF THE SECOND AMENDMENT TO THE NOLL & TAM
ARCHITECTS AND PLANNERS’ EOC CONCEPTUAL DESIGN AGREEMENT FOR

THE DESIGN, CONSTRUCTION DOCUMENTS, AND CONSTRUCTION

ADMINISTRATION FOR THE NEW EMERGENCY OPERATIONS CENTER
(EOC)
WHEREAS, The City of Los Altos hired Noll and Tam to provide a conceptual design for incorporating a code-compliant EOC into the recently completed Los Altos Community Center; and
WHEREAS, Noll & Tam Architects was awarded a contract in the amount of $89,243 on May 25, 2022, and also awarded Amendment No. 1 in the amount of $8,427 on December 7, 2022; and
WHEREAS, Noll and Tam found the Community Center has the required spaces needed to feasibly accommodate the design elements required for a new EOC; and WHEREAS, Amendment No. 2 to Noll and Tam’s contract will carry forth design, construction documents, and construction administration services for the EOC; and WHEREAS, the FY 22/23 Council-approved CIP budget has adequate funding to fund the project.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby adopt a resolution to:

1. Authorize the City Manager to execute Amendment No. 2 to the EOC Conceptual Design Agreement between the City of Los Altos and Noll & Tam Architects and Planners through FY 24-25 in an amount not to exceed $250,690 to provide Design, Construction Documents, and Construction Administration for a new Emergency Operations Center to be constructed in the Community Center, and

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

3. Authorize the City Manager to obtain bids for construction of the EOC after construction documents are completed by Noll and Tam.
46 Agenda Item # 4.

Resolution No. 2022-xx Page 2
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 13th day of December 2022 by the following vote:

AYES: Council Members Fligor, Weinberg, Lee Eng, Vice Mayor Meadows, Mayor Enander
NOES: None
ABSENT: None
ABSTAIN: None
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, Interim City Clerk
47 Agenda Item # 4.

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]
48 Agenda Item # 4.

From: Roberta Phillips
To: Public Comment; Gabriel Engeland
Subject: City Council Meeting Dec13 Please Pull Item # 4 Date: Sunday, December 11, 2022 12:01:57 PM
Dear Council Members and City Manager Engeland
Please pull item #4 from the Consent Calendar and move to a discussion item. I will attend the meeting via zoom, The Item is titled:

Second Amendment to the Noll & Tam Architects and Planners’ EOC Conceptual Design Agreement for the Design, Construction Documents, and Construction Administration for the New Emergency Operations Center (EOC):

Sincerely
Roberta Phillips
49 Agenda Item # 4.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
50 Agenda Item # 4.

From: Pat Marriot
To: Public Comment
Subject: PUBLIC COMMENT ITEM #4 DECEMBER 13, 2022
Date: Monday, December 12, 2022 5:00:52 PM
Council Members:

I echo Roberta Phillips’ request to pull this item from the consent calendar.

When I first skimmed the staff report, I thought the justification for using Noll & Tam made sense, but after a second reading I’m not so comfortable. “Noll & Tam Architects was awarded a contract in the amount of $89,243 on May 25, 2022, and awarded Amendment No. 1 in the amount of $8,427 on December 7, 2022, to provide a conceptual design for incorporating a code-compliant Emergency Operations Center (EOC) into the recently completed Los Altos Community Center.” Having already given them $97,670, we pretty much seem to be on the hook. Now we want to give them another $250,690. Maybe this is the best deal, but without any other bids, how do we know that’s a fair price?
I understand they know the building, but any good contractor can read technical specs.

If this were your home and your money, wouldn’t you want to know you were getting the best price?
Pat Marriott
51 Agenda Item # 4.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: December 13, 2022
Subject Emergency Declaration Resolution
Prepared by: Jon Maginot, Assistant City Manager
Approved by: Gabe Engeland, City Manager
Attachment(s):

1. Resolution No. 2022-xx
Initiated by:

Staff
Previous Council Consideration:

March 12, 2020 (Declaration of Emergency); March 17, 2020; August 24, 2021; October 12, 2021; November 9, 2021; December 7, 2021; January 11, 2022; February 8, 2022; March 8, 2022; April 12, 2022; May 10, 2022; June 14, 2022; July 12, 2022; August 4, 2022; August 23, 2022; September 20, 2022; October 11, 2022; November, 15, 2022 Fiscal Impact:

None; however, a local emergency declaration is a prerequisite for requesting state or federal assistance.

Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to renew its existing declaration by adopting a resolution declaring a local emergency to emphasize the need for continued adherence to public health guidance?
Summary:
 AB 361 requires the City to adopt a resolution every 30 days extending a local emergency declaration to continue to allow legislative bodies to meet virtually Staff Recommendation:

Adopt a Resolution extending the declaration of a local emergency due to the COVID-19 pandemic 52 Agenda Item # 5.

Subject: Emergency Declaration Resolution
December 13, 2022 Page 2
Purpose
To adopt a resolution extending the existing declaration of emergency Background
On March 12, 2020, the City Manager issued an Emergency Declaration in response to the COVID-19 pandemic. On March 17, 2020, the City Council adopted Resolution No. 2020-08 ratifying the Emergency Proclamation. The City Council subsequently adopted resolutions monthly beginning in October 2021 continuing the declaration of the existence of a local emergency due to the COVID-19 pandemic.

The threat posed by COVID-19 continues to pose a serious risk to the public health and safety of the City of Los Altos.

Discussion/Analysis
AB 361, signed into law on September 15, 2021, allows a public agency to continue to hold virtual City Council and Commission meetings while under a declaration of emergency without complying with certain elements of the Ralph M. Brown Act. The bill requires that a legislative body renew the declaration of emergency every 30 days in order to continue meeting in this manner. AB 361 applies to local agencies until January 1, 2024.

Although the availability of vaccines against COVID-19 has helped to lower overall case numbers and the severity of cases, COVID-19 remains a serious health concern, particularly for those with compromised immune systems. Adoption of the proposed resolution is needed to continue the City’s Emergency Declaration.

On October 17, 2022, Governor Newsom announced that the State COVID-19 State of Emergency will end on February 28, 2023. Should the City Council determine that the City’s Emergency Declaration should end at the same time, Council will need to adopt a Resolution declaring the end of the emergency. Termination of the Emergency Declaration will mean the City will be required to fully comply with all elements of the Brown Act, including the provisions of AB 2449. In addition, the ending of the Emergency Declaration will affect the Parklet Program. Staff will be returning to Council in early 2023 regarding the permanent Parklet Program. At the November 15, 2022 meeting, Council requested additional information regarding changes to the Brown Act related to teleconferencing. Staff will present this information in January 2023.

Recommendation
The staff recommends Council adopt the attached resolution extending the declaration of emergency due to the COVID-19 pandemic.
53 Agenda Item # 5.

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

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

DECLARING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE COVID-19 PANDEMIC
WHEREAS, on March 12, 2020, the Los Altos City Manager, in his capacity as the City’s Director of Emergency Services, proclaimed a local emergency in response to the escalation of COVID-19 to a pandemic, and on March 17, 2020, the City Council adopted Resolution 2020-08 ratifying and continuing the proclamation of local emergency; and
WHEREAS, since October 2021, the City Council has monthly adopted resolutions extending the declaration of a local emergency; and
WHEREAS, by the beginning of December 2022, approximately 2,500 Santa Clara County residents had died of COVID-19; and
WHEREAS, due to the diligence of Los Altos residents in complying with health guidance Los Altos has one of the lowest rates of reported incidence of COVID-19 infection in Santa Clara County; and
WHEREAS, vaccines provide proven protection against COVID-19; and WHEREAS, by the beginning of December 2022, approximately 87.5 percent of Santa Clara County residents of all ages had been vaccinated, and statewide vaccination rates were higher than the national average; and
WHEREAS, the Governor lifted the Blueprint for a Safer Economy on June 15, 2021, and local health restrictions have also been lifted due to sharp declines in COVID-19 case counts since vaccines first became available; and
WHEREAS, despite progress in addressing the pandemic, not all eligible individuals are fully vaccinated, and new, more virulent variants of the SARS-CoV-2 virus are spreading in California and throughout the world; and
WHEREAS, although breakthrough infections are rare for fully vaccinated individuals, available COVID-19 vaccines have proven less effective against variants than against prior strains of the SARS-CoV-2 virus; and
WHEREAS, despite significant progress, COVID-19 remains a threat to public health and safety in the Los Altos community; and
WHEREAS, throughout the pandemic, the City of Los Altos has taken steps to address the health crisis, for example, by facilitating outdoor dining within the City; and 54 Agenda Item # 5.

Resolution No. 2022-XX Page 2
ATTACHMENT 1
WHEREAS, AB 361 requires the City Council make findings every thirty (30) days reaffirming the existence of a local emergency; and
WHEREAS, in view of the ongoing health crisis, the City Council now desires to affirm its existing declaration of local emergency.

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

1. The City Council has reviewed the need for continuing the declaration of local emergency and finds, based on substantial evidence, that the foregoing recitals are true and correct and that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID-19.

2. Said local emergency shall be deemed to continue to exist until terminated by the City Council of the City of Los Altos.

3. The Director of Emergency Services is hereby directed to report to the City Council within thirty (30) days on the need for further continuing the local emergency. At this If deemed appropriate the City Council may take further action.

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
55 Agenda Item # 5.

CITY COUNCIL MEETING

MINUTES
7:00 PM - Tuesday, November 29, 2022
via Videoconference and In Person

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

ESTABLISH QUORUM
PRESENT: Councilmembers Fligor, Lee Eng (via Zoom), Weinberg, Vice Mayor Meadows, and Mayor Enander
ABSENT: None

PLEDGE ALLEGIANCE TO THE FLAG
Bree and Emery Najarian, with Troop 60477 will lead the pledge of allegiance.

REPORT ON CLOSED SESSION
No closed session, nothing to report.

CHANGES TO THE ORDER OF THE AGENDA
There were no changes.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
There were none.

CONSENT CALENDAR

1. Annual Development Impact Fees: Report for Fiscal Year 2022 (J. Du)

2. Approve Addendum No. 11 to the Regional Water Quality Control Plant Basic Agreement: Authorize the City Manager to execute Addendum No. 11 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund rehabilitation and upgrade of the secondary treatment system and to increase the financing of the primary sedimentation tank rehabilitation project (T. Nguyen)

3. Accept 1266 Montclaire Way Storm Drain Outfall Repair Project CF-01026: Adopt Resolution No. 2022-__ accepting completion of the 1266 Montclaire Way Storm Drain Outfall Repair, Project CF-01026; and authorize the Environmental Services and Utilities Director to record a Notice of Completion as required by law (T. Nguyen)

4. Quarterly Investment Portfolio Report: Receive the Investment Portfolio Report through September 30, 2022 (J. Du)
56 Agenda Item # 6.
11/29/2022 CITY COUNCIL MEETING MINUTES Page 2 of 5

5. Approve updated Conflict of Interest Code: Adopt Resolution 2022-XX updating the Los Altos Conflict of Interest Code for staff and commissioners pursuant to the Political Reform Act of 1974 (A.

Rodriguez)

6. Minutes: Approve Minutes of the City Council Regular Meeting of November 15, 2022. (A.

Rodriguez)
Following a motion by Vice Mayor Meadows, seconded by Councilmember Weinberg, Items 1-6 were approved with the following roll call vote:

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

PUBLIC HEARINGS

7. Approve use of Park-In-Lieu funds: Authorize the City Manager or his designee to purchase and install shade structures over the playgrounds at the Los Altos Community Center and McKenzie Park in the amount of $92,198.09 to the lowest responsible proposal from Ross Recreation Equipment (M.

Hernandez)
Park and Recreation Director Hernandez presented the item to Council.

Councilmember Lee Eng asked a clarifying question to which Director Hernandez responded.

The following members of the public spoke: Nancy and Jeanine Valadez.

Director Hernandez responded to public comment.

Following a motion by Councilmember Fligor, seconded by Vice Mayor Meadows, to purchase and install shade structures over the playgrounds at the Los Altos Community Center and McKenzie Park in the amount of $92,198.09 was approved with the following roll call vote:

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

8. Adopt an Ordinance Adopting by Reference the 2022 California Building Codes with Amendments. This Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of the proposed Ordinance would not be an activity with potential to cause significant adverse effect on the environment because the changes made to the California Green Buildings Standards Code within are enacted to provide more protection to the environment, and therefore is exempt from CEQA. It is also exempt from CEQA pursuant to CEQA Guidelines, § 15308 which exempts actions taken by regulatory agencies for the enhancement and protection of the environment. As such, the 57 Agenda Item # 6.
11/29/2022 CITY COUNCIL MEETING MINUTES Page 3 of 5
Ordinance is categorically exempt from CEQA, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies.

Possible Action:

A. Adopt an Ordinance amending Title 12 Buildings and Construction of the Los Altos Municipal Code, Sections 12.04, 12.08, 12.10, 12.12, 12.16, 12.20, 12.22, 12.24, 12.26, 12.30, 12.32, 12.42 and

12.68 adopting by reference the 2022 CALIFORNIA ADMINISTRATIVE CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA BUILDING CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA RESIDENTIAL CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022

CALIFORNIA PLUMBING CODE, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; 2022 CALIFORNIA MECHANICAL CODE,

PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; 2022 CALIFORNIA ELECTRICAL CODE, PUBLISHED BY THE NATIONAL FIRE PROTECTION AGENCY; 2022 CALIFORNIA ENERGY CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA FIRE CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022

CALIFORNIA EXISTING BUILDING CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA HISTORICAL BUILDING CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; AND 2022 CALIFORNIA REFERENCED STANDARDS CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL.

Councilmember Fligor asked a clarifying question to which Environmental Services Director Fairman responded to.

There was no public comment.

Following a motion by Vice Mayor Meadows, seconded by Councilmember Fligor, to adopt an Ordinance amending Title 12 Buildings and Construction of the Los Altos Municipal Code, Sections 12.04, 12.08, 12.10,

12.12, 12.16, 12.20, 12.22, 12.24, 12.26, 12.30, 12.32, 12.42 and 12.68 adopting by reference the 2022

CALIFORNIA ADMINISTRATIVE CODE, PUBLISHED BY THE
INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA BUILDING CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA RESIDENTIAL CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA PLUMBING CODE, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; 2022

CALIFORNIA MECHANICAL CODE, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; 2022 CALIFORNIA ELECTRICAL CODE, PUBLISHED BY THE NATIONAL FIRE PROTECTION AGENCY; 2022 CALIFORNIA ENERGY CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA FIRE CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA EXISTING BUILDING CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; 2022 CALIFORNIA HISTORICAL BUILDING CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; AND 2022

CALIFORNIA REFERENCED STANDARDS CODE, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; was approved with the following roll call vote:

AYES: Councilmembers Fligor, Lee Eng, Weinberg, Vice Mayor Meadows, Mayor Enander NOES: None
ABSENT: None
58 Agenda Item # 6.
11/29/2022 CITY COUNCIL MEETING MINUTES Page 4 of 5
ABSTAIN: None

DISCUSSION ITEMS

9. City of Los Altos Flag Raising Policy: Adopt Resolution 2022-XX of the City of Los Altos defining a Flag Raising Policy (A. Carnesecca)
Economic Development Coordinator Carnesecca presented the item to Council.

The following members of the public spoke: Jeanine Valadez, Nancy, and Roberta Phillips.

Councilmember Weinberg commented on this item. Council asked clarifying question to which City Attorney Houston, Economic Development Coordinator Carnesecca, and City Manager Engeland responded to.

Council engaged in discussion.

A motion by Councilmember Weinberg, seconded by Councilmember Fligor, to adopt resolution of the City Council of the City of Los Altos allowing for and establishing a Flag Raising Policy as a pilot program and to be brought back to Council for review no later than December 31, 2023, with the amendment that the Mayor does not have referral authority and that Staff bring forth a recommendation with respect to any application that is brought to Council, was approved with the following roll call vote:

AYES: Councilmembers Fligor, Weinberg, Vice Mayor Meadows NOES: Councilmember Lee Eng, Mayor Enander
ABSENT: None
ABSTAIN: None

10. Appoint Representative to VTA North County Cities Group: Nominate a Councilmember to serve as the Valley Transportation Authority Board Alternate for the North County Cities Group Mayor Enander introduced this item to the Council.

Council engaged in discussion.

The following member of the public spoke: Roberta Philips.

Council engaged in further discussion.

Mayor Enander moved to nominate both Councilmembers Weinberg and Lee Eng to be considered by the North County Cities Group to be the Valley Transportation Authority Board Alternate, and was seconded by Councilmember Lee Eng.

A substitute motion made by Councilmember Fligor to nominate Councilmember Weinberg to be considered by the North County Cities Group to be the Valley Transportation Authority Board Alternate, was seconded by Vice Mayor Meadows, was approved with the following roll call vote:

AYES: Councilmembers Fligor, Weinberg, Vice Mayor Meadows NOES: Mayor Enander
ABSENT: None
ABSTAIN: Councilmember Lee Eng
59 Agenda Item # 6.
11/29/2022 CITY COUNCIL MEETING MINUTES Page 5 of 5

11. Review and Provide Direction: Request for Transit Service Planning on San Antonio Road Corridor (M. Lee)
Mayor Enander introduced the item to the Council.

Councilmember Fligor asked clarifying questions to which City Manager England responded to.

There was no public comment.

Council directed staff to draft a letter indicating that the Council is interest in being part of the process.

INFORMATIONAL ITEMS ONLY

12. Tentative Council Calendar
Councilmember Fligor asked for the start time of the Reorganization meeting in December to which Assistant City Manager Maginot responded to.

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS Councilmember Lee Eng asked support for having a discussion item establishing a license plate reader in City of Los Altos which received support from Councilmember Weinberg and Mayor Enander.

Councilmember Fligor asked for an update on intersections on Foothill to which Public Works Director Sandoval responded to.

Councilmember Fligor asked for support from Council to form a subcommittee to explore how to address airplane noise, which received a second from Vice Mayor Meadows.

Councilmember Fligor asked about office hours for Councilmembers. City Manager Engeland indicated Staff will be happy to support any Councilmember with advertising their office hours.

Mayor Enander asked if the City will need to update to the HRI because of the passing of the new building code to which Community Development Director Zornes responded.

Councilmember Lee Eng reported that the celebrations of the 70th anniversary of the City will start on December 1.

Councilmember Weinberg reported that the JVAC Awards Ceremony will take place on Friday, December 2.

Mayor Enander reported that the tree lighting ceremony will take place at the Veterans Plaza on December 1.

ADJOURNMENT
Mayor Enander adjourned the meeting at 9:14 pm.
__________________________
Anita Enander MAYOR
ATTEST:
_____________________________________
Angel Rodriguez, INTERIM CITY CLERK
60 Agenda Item # 6.

AGENDA REPORT SUMMARY

CONSENT CALENDAR
Agenda Item #
Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: December 13, 2022
Subject: Resolution No. 2022-xx: Transfer Unclaimed Funds to Originating Fund Prepared by: Minh Nguyen, Accounting Technician II
Reviewed by: June Du, Finance Director
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution 2022-xx

2. List of Unclaimed Checks
Initiated by:

Staff
Previous Council Consideration:

Unclaimed Funds Policy and Procedure – June 12, 2018
Fiscal Impact:

Revenue in the amount of $8,805.79 to be allocated to the originating fund Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:

None
Summary:
 On June 12, 2018, City Council approved the Unclaimed Funds Policy and Procedures according to Government Code Sections 50050 through 50056  The outstanding and unclaimed checks by a payee more than three consecutive years and more than $15 was publicly advertised in the Town Crier on October 12, 2022  After the public notification period of no less than forty-five (45) days and not more than sixty (60) days, Finance established a list of unclaimed funds to be transferred to the originating fund
Staff Recommendation:

Adopt Resolution No. 2022-xx and approve the transfer of the unclaimed funds to the originating fund
61 Agenda Item # 7.

Subject: Resolution No. 2022-xx: Transfer Unclaimed Funds to Originating Fund December 13, 2022 Page 2
Purpose
Reduce the number of unclaimed checks and transfer the outstanding amount to the originating fund in accordance with State law.

Background
Follow the unclaimed funds policy and procedures according to the Government Code Section 50050 through 50056 to minimize the number of outstanding checks.

Discussion/Analysis
Any outstanding checks more than $15 was publicly advertised in the Town Crier on October 12, 2022. The public notification period was no less than forty-five (45) days and not more than sixty (60) days. Any outstanding checks less than $15 and with an unknown name were also included in the attached list of Unclaimed Checks. The total amount of unclaimed checks is $8,805.79, which $8,425.79 is to be transferred to the General Fund and $380.00 to the Sewer Fund.

Options
1) Adopt Resolution No. 2022-xx and approve the transfer of the unclaimed funds to the originating fund
Advantages: Follow the Unclaimed Checks Policy in accordance to State law Disadvantages: None
2) Do not adopt the Resolution No. 2022-xx or approve the transfer of outstanding funds Advantages: None
Disadvantages: Not in compliance with state law or the Unclaimed Funds Policy Recommendation
The staff recommends Option 1
62 Agenda Item # 7.

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

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

RELEASING UNCLAIMED FUNDS
WHEREAS, it is the policy of the City of Los Altos to take possession of long standing unclaimed checks in accordance with Government Code Sections 50050 through 50056; and WHEREAS, each of the checks listed on the attached summary is less than $15, or for any amount in which the depositor’s name is unknown, and have been unclaimed for more than one year; and
WHEREAS, the attached summary may also include checks in amounts greater than $15 that have been unclaimed for more than three years and notice thereof was published in the Los Altos Town Crier on October 12, 2022 as required by Government Code Section 50050.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby orders that the unclaimed checks on the attached list in the total amount of $8,805.79 shall be transferred to the originating fund in accordance with Sections 50053 and 50055 of the California Government Code.

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 13th day of December 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
63 Agenda Item # 7.

Public Notice
City of Los Altos Unclaimed Funds
Pursuant to Government Code Section 50050, the City of Los Altos publishes below its list ot unclaimed checks that have been held by the City at Los Altos for an extended period at time. The funds listed below are held in the fund City's Finance Department and shall become the property of the City of Los Altos after the passage of 3 years from the check issue date, unless a party of interest files a claim with the City of Los Altos Finnace Department, 1 N San Antonio Rd, Los Altos, CA 94022 or by email to [email protected].

For information regarding the unclaimed funds, please contact Account Payable at (650)947‐2694 or [email protected] Payee Name Check Date Net Amount Payee Name Check Date Net Amount A & B BASKETBALL 03/07/2019 500.00 $ MVLA SPEECH & DEBATE BOOSTERS 06/27/2019 501.00 $ ALL STAR GLASS INC 02/21/2019 356.60 $ NAVA, EDGAR 09/19/2018 48.00 $ ANTHONY FRIEBEL 01/26/2018 16.00 $ NEGRETTE, VIOLET 04/20/2018 20.00 $ BRIZGYS, AUSTIN 06/01/2018 31.56 $ NIEDERAUER, CHRIS 06/01/2018 26.66 $ BROOKS, ERIC 03/22/2018 89.53 $ OAKLAND SERVICE OF PROCESS INC 12/13/2018 275.00 $ BROSSEAU WINES 06/12/2019 31.25 $ OCCHIPINTI CONSTRUCTION 03/07/2019 58.50 $ CCAC 07/09/2012 200.00 $ OCEAN GROVE CHARTER 06/12/2019 250.00 $ CHAPMAN, JUDITH 03/22/2018 63.00 $ PARASNIS, ROHAN 04/21/2017 20.00 $ CWEA-SCVS 03/22/2018 520.00 $ PREETHA, PERGAERGT 05/30/2019 500.00 $ FOOTHILL COLLEGE DISTRICT POLI 11/28/2018 100.00 $ PSCMA 11/28/2018 425.00 $ GREEN, ANNE 11/28/2018 50.00 $ THE ROCK TILE CONTRUCTION 06/12/2019 18.75 $ GUARDIAN OF MEMORIES 03/22/2018 105.00 $ SARACI-ALONSO, NORA 05/02/2019 30.00 $ GUTIERREZ, FELIPE 12/08/2014 54.50 $ SOULFORCE LEADERSHIP 12/27/2018 572.00 $ INTERNATIONAL INSTITUTE OF MUN 06/12/2019 210.00 $ STACIE WALKER HAIR DESIGN 02/06/2019 25.00 $ ISLAND KIDS LLC 11/01/2018 2,520.00 $ T & T Tools Inc. 03/22/2018 185.00 $ Jordan, Chris 03/21/2019 102.61 $ T&D GARDENING 06/12/2019 33.33 $ KONE, MAMADOU 05/30/2019 250.00 $ WESTERN CHAPTER ISA 03/16/2012 175.00 $ LOS ALTOS PAINTING & DECORATIN 06/12/2019 37.50 $ XIE, KATHLEEN 04/20/2018 20.00 $ MVLA SPEECH & DEBATE BOOSTERS 05/16/2019 385.00 $
64 Agenda Item # 7.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: December 13, 2022
Subject Establishment of a 401(a) Money Purchase Plan for Unrepresented Employees Prepared by: Irene Silipin, Human Resources Director
Reviewed by: Gabriel Engeland, City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution 2022-XX
Initiated by:

Staff
Previous Council Consideration:

Special Council Meeting on January 18, 2022 (Employee Recruitment and Retention) City Council Meeting on March 22, 2022 (Total Compensation Philosophy) Closed Session on May 10, 2022 (Conference with Labor Negotiators) City Council Meeting on June 28, 2022 (FY 21/22 Final Budget and FY 22/23 Mid Term Budget) Fiscal Impact:

There is no impact to the budget associated with the adoption of this resolution.

Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to adopt Resolution 2022-XX?
Summary:
 On January 18, 2022, staff presented to City Council the need to discuss employee attraction, recruitment and retention issues.
 As a tool for attracting and retaining highly competent employees by offering competitive employee compensation and benefits, council approved an employer match of employee contributions toward deferred compensation at the FY 22/23 Mid Term Budget on June 28, 2022.
65 Agenda Item # 8.

Subject: Establishment of a 401(a) Money Purchase Plan for Unrepresented Employees 12/13/22 Page 2
 As a means of facilitating these employer matching contributions, staff recommend adopting a 401(a) deferred compensation plan. This allows employees to have a separate deferred compensation account with a higher IRS maximum contribution and does not limit an individual employee’s ability to set aside money into their 457 deferred compensation account.

Staff Recommendation:

Adopt resolution 2022-XX to establish a 401(a) Money Purchase Plan for unrepresented employees and authorize the City Manger to execute the required adoption documents. 66 Agenda Item # 8.

Subject: Establishment of a 401(a) Money Purchase Plan for Unrepresented Employees 12/13/22 Page 3
Purpose
The purpose of the establishment of the City of Los Altos 401(a) Money Purchase Plan is to offer unrepresented employees an alternative tax savings vehicle to set-aide employer matching contributions aside from their 457 deferred compensation accounts.

Background
On January 18, 2022, staff presented at the City Council Retreat the topic of Employee Attraction, Recruitment and Retention. Discussion of current state of the City’s compensation philosophy, classification system, turnover and separation rates, organizational continuity, and comparison of Los Altos to the marketplace.

Los Altos has been unable to retain employees, experienced a high degree of turnover among its unrepresented employees and has also faced difficulty in receiving applicants from qualified individuals for these positions.

On March 22, 2022, staff brought forward to Council, a Total Compensation Philosophy as a framework that enables the City Council to make systematic decisions around employee total compensation.

On May 10, 2022 staff presented proposed unrepresented total compensation changes to bring Los Altos up to our market peers including; increasing the number of observed holidays, allowing employees to cash out unused management leave, implementing a wellness benefit, and having the city match a percentage of employee’s contributions into deferred compensation.

On June 28, 2022, Council adopted the implementation and costs of these new benefits into the FY 22/23 Mid Term Budget.

Discussion/Analysis
Several unrepresented employees contribute the standard IRS maximum of $20,500 for calendar year 2022 toward their 457 deferred compensation plan. As a result, employer matches in a 457 deferred compensation account limit what an employee can voluntarily set aside for retirement.

As an alternative, a 401(a) money purchase plan has an IRS maximum of $61,000 for calendar year 2022. A 401(a) money purchase plan allows employees to set aside additional money for retirement and employer matching without limiting an individual employee’s ability to set aside money for retirement.
67 Agenda Item # 8.

Subject: Establishment of a 401(a) Money Purchase Plan for Unrepresented Employees 12/13/22 Page 4
Recommendation
Staff recommends City Council adopt the resolution establishing a 401(a) Money Purchase Plan for Unrepresented Employees.
68 Agenda Item # 8.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS APPROVING THE ESTABLISHMENT OF A 401(A) MONEY PURCHASE PLAN

FOR UNREPRESENTED EMPLOYEES
WHEREAS, the City of Los Altos has employees rendering valuable services; and WHEREAS, the City of Los Altos has employees who are unrepresented by any union; and
WHEREAS, the City of Los Altos competes with peer cities for talented employees that have similar deferred compensation benefit plans for their unrepresented employees; WHEREAS, the establishment of a 401(a) money purchase plan serves the interests of the City of Los Altos be enabling to stay competitive in the marketplace in the attraction and retention of talented personnel; and
WHEREAS, the establishment of a 401(a) money purchase plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the City of Los Altos desires that its 401(a) money purchase retirement plan be administered by MissionSquare Retirement.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby establishes a 401(a) money purchase retirement plan (the “Plan”) in the form of the MissionSquare Retirement Governmental Money Purchase Plan, pursuant to the specific provision of the Adoption Agreement (Executed copy attached hereto); and BE IT FURTER RESOLVED that the City of Los Altos hereby adopts the Declaration of Trust of VantageTrust Company dated May 2001, intending this adoption to be operative with respect to any retirement or deferred compensation plan subsequently established by the City of Los Altos, if the assets of the Plan are to be invested in the trust created by such Declaration of Trust (the “VantageTrust”) that provides for the commingled investment of retirement funds; and
BE IT FURTER RESOLVED that the City of Los Altos hereby agrees to serves as trustee under the Plan and to invest funds held under the Plan in the VantageTrust or in any other qualified investment options for the Plan; and BE IT FURTER RESOLVED that the Human Resources Director shall be the coordinator for the Plan; shall receive reports, notices, etc., from MissionSquare Retirement or the VantageTrust; shall cast, on behalf of the City of Los Altos, any required votes under the VantageTrust; may delegate an administrative duties relating to the Plan to appropriate departments; and
69 Agenda Item # 8.

Resolution No. 2022-XX Page 2
ATTACHMENT 1
BE IT FURTER RESOLVED that the City of Los Altos authorizes the City Manager to execute all necessary agreements with MissionSquare Retirement incidental to the administration of the Plan.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Anita Enander, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
70 Agenda Item # 8.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: December 8, 2022
Subject Resolution No. 2022-xx: Declaration of election results and canvass of returns Prepared by: Angel Rodriguez, Interim City Clerk
Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution No. 2022-xx
Initiated by:

California State Elections Code
Previous Council Consideration:

None
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 There are no policy questions for Council consideration. This action is required by State Law
Summary:
 Council must adopt a Resolution declaring the results of the November 8, 2022 Election  Top vote getters were Neysa Fligor and Pete Dailey
Staff Recommendation:

Adopt a Resolution accepting the Certificate of Election Results from the Santa Clara County Registrar of Voters for the November 8, 2022 General Municipal Election and declaring the results to be final
71 Agenda Item # 9.

Subject: Resolution No. 2022-xx: Declaration of election results and canvass of returns December 13, 2022 Page 2
Purpose
To adopt a Resolution certifying the results of the November 8, 2022 General Municipal Election Background
The California State Elections Code Section 15400 et seq. requires the City to declare elected the person (or persons) having the highest number of votes for office as well as the results of all City ballot measures, if any. An election was held on November 8, 2022 to fill two seats on the City Council.

Discussion/Analysis
The Santa Clara County Registrar of Voters completed the canvass of returns and has counted the ballots cast.

Council Election
A total of 22,308 votes were counted as of December 5, 2022 (voters were allowed to cast up to 2 votes). The following details the results of the election:

CANDIDATE NUMBER OF
TOTAL
VOTES
NUMBER

OF VOTES

BY MAIL

NUMBER OF

VOTES AT

PRECINTS
% OF VOTES
CAST
Neysa Fligor 9,002 8,644 358 40.35%
Pete Dailey 6,780 6,469 311 30.39%
Anita Enander 6,474 6,066 408 29.02%
Roger Heyder 52 41 11 0.23%
Totals 22,308 21,220 1,088
Recommendation
The staff recommends Council adopt a Resolution certifying the results of the November 8, 2022 General Municipal Election.
72 Agenda Item # 9.

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

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

RECITING THAT A REGULAR MUNICIPAL ELECTION WAS HELD IN THE CITY OF LOS ALTOS ON TUESDAY, NOVEMBER 8, 2022, CONFIRMING

THE RESULTS OF THE CANVASS AND DECLARING THE RESULT
WHEREAS, a General Municipal Election was held and conducted in the City of Los Altos, California on Tuesday, November 8, 2022, as required by law, for the purpose of filling two seats on the City Council; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; and
WHEREAS, the Santa Clara County Registrar of Voters canvassed the returns of the election and has certified the results to the City Council.

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

That the canvass is confirmed, and that the following are the results of the canvass and of the election:

A. That the total number of ballots cast in the City of Los Altos in the election is set forth in the Registrar of Voters’ Certificate of Election attached as Exhibit A; B. That the candidates for City Council who received the highest number of votes and have therefore been elected to full terms of four years each are:

Neysa Fligor
Pete Dailey
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
73 Agenda Item # 9.
74 Agenda Item # 9.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: December 13, 2022
Subject Council Reorganization: Submit nominations for Mayor and Vice Mayor for 2022/2023
Prepared by: Angel Rodriguez, Interim City Clerk
Reviewed by: Jon Maginot, Assistant City Manger
Approved by: Gabriel Engeland, City Manager
Attachment(s):

None
Initiated by:

City Council
Previous Council Consideration:

None
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Which individuals do Council wish to serve as Mayor and Vice Mayor for 2022/2023? Summary:
 Councilmembers serve as Mayor or Vice Mayor for one year  The Council Norms and Procedures outline the process for selecting Mayor and Vice Mayor
Staff Recommendation:

Submit nominations for Mayor and Vice Mayor for 2022/2023 75 Agenda Item # 10.

Subject: Council Reorganization: Submit nominations for Mayor and Vice Mayor for 2022/2023
12/13/22 Page 2
Purpose
To select a Mayor and Vice Mayor for 2022/2023.

Background
Section 2.2 of the Council Norms and Procedures details the process for the Election of Mayor (for complete text of the section, see the Council Norms and Procedures):
“Election of Mayor. Only Council members elected by the voters may serve as Mayor…the term of office shall be one year. The Council member must have served at least 23 months to be eligible for Mayor. A majority vote of the Council is necessary to designate the Mayor. If there is at least one elected Council member with a minimum of 23 months of service who has not served as Mayor, he or she shall be designated Mayor before those who have already served as Mayor.” Section 2.3 outlines the process for the Election of Vice Mayor (for complete text of the section, see the Council Norms and Procedures):
“Election of Vice Mayor. Only Council members elected by the voters may serve as Vice Mayor…the selection process for determining who shall serve as Vice Mayor will follow that of Mayor, except the Councilmember must have served at least 11 months to be eligible to serve as Vice Mayor.”
Discussion/Analysis
The following is a list of Council members in order of seniority and service record:
 Council Member Lee Eng (re-elected in 2020 with the second highest number of votes, originally elected in 2016 with the third highest number of votes, previously served as Vice Mayor in 2017/18 and Mayor 2018/19)
 Council Member Fligor (re-elected in 2022 with the highest number of votes, elected in 2018 with the highest number of votes, served as Vice Mayor 2019/20 and Mayor 2020/21)  Council Member Sally Meadows (elected in 2020 with the highest number of votes, served as Vice Mayor 2021/22)
 Council Member Jonathan Weinberg (elected in 2020 with the third highest number of votes)
 Council Member Pete Dailey (elected in 2022 with the second highest number of votes) Any Councilmember may offer a nomination for the position of Mayor, with no second required.

If at least three affirmative votes are cast, the nominated member becomes the Mayor. 76 Agenda Item # 10.

Subject: Council Reorganization: Submit nominations for Mayor and Vice Mayor for 2022/2023
12/13/22 Page 3
Following the selection of Mayor, any Councilmember may offer a nomination for Vice Mayor.

A second is not required. If at least three affirmative votes are cast, the nominated member becomes the Vice Mayor.

Seating of Councilmembers
Section 2.1 of the Council Norms and Procedures outlines the process for seating of Councilmembers:
“Seating preferences on the dais shall be made by the Mayor, Vice Mayor and then by seniority of the rest of the members, in that order. If two members have equal seniority based on year elected, then the member with the higher vote count in their most recent election is considered to have higher seniority.”
Recommendation
Submit nominations for Mayor and Vice Mayor for 2022/2023. 77 Agenda Item # 10.

Los Altos City CouncilDecember 13, 2022

Los Altos City Council
December 13, 2022