Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the cooperation the housing element team provided during the review.
We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Anthony Errichetto, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
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APPENDIX
CITY OF LOS ALTOS
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
the previous element to evaluate the appropriateness, effectiveness, and Review progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
As part of the review of programs in the past cycle, the element must provide an evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers, and persons experiencing homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Outreach and Enforcement: The element generally satisfies this requirement; however, annual outreach should be added to the programs section.
Integration and Segregation: To assist in meeting this requirement, the element should provide local data not captured in regional, state, or federal data analysis to help describes what contributes to the higher concentration of nonwhite residents in the southern part of the City. In addition, the element generally describes local patterns and trends related to integration and segregation but must also analyze the City relative to the rest of the region regarding familial status.
Racial/Ethnic Concentrated Areas of Affluence (RCAA): The element briefly mentions HCD’s recent data related to RCAAs within the City, but generally should also evaluate 738
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the patterns and changes over time at a local (e.g., neighborhood to neighborhood) and regional level (e.g., city to region).
Disparities in Access to Opportunity: The element provides information on the access to opportunity through the TCAC opportunity maps but must also provide a complete local and regional analysis of patterns and trends for all components of the assessment of fair housing. A comprehensive analysis should include the local and regional disparities of the educational, environmental, and economic scores through local, federal, and/or state data. It should also analyze persons with disabilities as well as access to transit.
Please refer to page 35 of the AFFH guidebook (https://www.hcd.ca.gov/communitydevelopment/affh/index.shtml#guidance) for specific factors that should be considered when analyzing access to opportunities as it pertains to educational, employment, environmental, transportation, and any factors that are unique to the City. Specifically, the element should analyze what contributes to the City’s low economic resource score, what contributes to the one area with a higher educational score, include local information to describe what contributes to environmental conditions, and describe the quality of transit access within the City and regionally.
Disproportionate Housing Needs: The element includes some local and county data on cost burdened households (overpayment) and substandard housing. However, the element must relate the concentration of cost burden to other factors and discuss what contributes to the differences within the City and regionally. The element should also discuss whether there are any concentrations of substandard housing within the City and relate those conditions to the region. As well, the discussion regarding displacement should address risk and disproportionate impacts on protected characteristics due to natural disaster.
Identified Sites and Affirmatively Furthering Fair Housing (AFFH): While the element includes some AFFH requirements it generally does not address this requirement. The analysis must identify whether sites improve or exacerbate conditions and whether sites are isolated by income group. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that affects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to promote equitable quality of life throughout the community (e.g., anti-displacement and place-based community revitalization strategies).
2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: While the element identifies the total number of households overpaying for housing, it must quantify and analyze the number of lower-income households 739
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overpaying for housing by tenure (i.e., renter and owner) and add or modify policies and programs as appropriate.
Housing Costs: While the element includes information on sales prices, rental information from the American Community Survey does not fully reflect market conditions and the element should include additional data sources.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the Regional Housing Needs Allocation (RHNA): The element relies on pipeline projects to meet its RHNA, specifically, the element has identified 587 units that are either pending, approved, or under construction. First, to count these units as progress towards RHNA, the element must demonstrate these units are expected to be constructed during the planning period. To demonstrate the availability of units within the planning period, the element could analyze infrastructure schedules, City’s past completion rates on pipeline projects, outreach with project developers, and should describe any expiration dates on entitlements, anticipated timelines for final approvals, and any remaining steps for projects to receive final entitlements. Additionally, given the element’s reliance on pipeline projects, the element should include programs that commit to facilitating development and monitoring approvals of the projects (e.g., coordination with applicants to approve remaining entitlements, supporting funding applications, expediating approvals, rezoning or identification of additional sites should the applications not be approved).
Realistic Capacity: While the element provides assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions. The element should provide additional examples of typical densities of existing or approved projects at similar income levels. Table B-5 on pages B-8 and B-9 should be related to the sites inventory and include affordability levels for the projects listed. In addition, the element appears to assume residential development on sites with zoning that allow 100 percent nonresidential uses. While the element mentions strong market demand for residential uses within nonresidential zones, it must still account for the likelihood of nonresidential uses. For example, the element could analyze all development activity in these nonresidential zones, how often residential development occurs and adjust residential capacity calculations, policies, and programs accordingly. For additional information, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/site-inventory-analysis/analysis-of-sites-andzoning.shtml#zoning.
Suitability of Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. To address this requirement, the element generally describes the existing use of nonvacant sites. This alone is not 740
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adequate to demonstrate the potential for redevelopment in the planning period. The description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period for each specific parcel. In addition, the element must analyze the extent that existing uses may impede additional residential development, including analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the City and relate those trends to the sites identified. Finally, the analysis should address public comment related to the identified sites and potential for redevelopment and add or remove sites as appropriate.
In addition, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the housing element must demonstrate that the existing use is not an impediment to additional residential development in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). This can be demonstrated by providing substantial evidence that the existing use is likely to be discontinued during the planning period. Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Environmental Constraints: While the element generally describes a few environmental conditions within the City (p. C-38), it must describe how these conditions relate to identified sites including environmental constraints within the City that could impact housing development in the planning period such as seismic activity and wildfire threats.
The element should also discuss any other known conditions that may impede or preclude development on identified sites in the planning period (e.g., parcel shape, easements, contamination). For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/siteinventory-analysis/analysis-of-sites-and-zoning.shtml#environmental.
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/communitydevelopment/housing-element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Zoning for a Variety of Housing Types:
• Accessory Dwelling Units (ADUs): The element indicates the City modifies its zoning code to ease barriers to the development of ADU’s. However, after a cursory review of the City’s ordinance, HCD discovered several areas which are not consistent with State ADU Law. HCD will provide a complete listing of ADU noncompliance issues under a separate cover. As a result, the element should 741
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add a program to update the City’s ADU ordinance in order to comply with state law.
• Emergency Shelters: The element mentions emergency shelters are permitted in the PUD/C zone; however this zone is not listed in Table C-5 or Table C-6. The element should describe the development standards of the PUD/C zone or other zones that allows emergency shelters by-right (without discretionary action) and should provide an analysis of capacity, including potential for reuse and proximity to transportation and services and any conditions inappropriate for human habitability. The element should also clarify shelters are permitted without discretionary action and discuss available acreage in the overlay zone, including typical parcel sizes and the presence of reuse opportunities. In addition, the element should describe how emergency shelter parking requirements comply with AB139/Government Code section 65583, subdivision (a)(4)(A) or include a program to comply with this requirement. Lastly, the element should clarify the exact total capacity for emergency shelters. For additional information and a sample analysis, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/housing-element/housing-elementemos/docs/sb2_memo050708.pdf. • Single Room Occupancy (SRO) Units: The element should describe whether the City has any procedures to encourage and facilitate SRO development in the allowable zoning districts.
• Manufactured Housing: Manufactured homes that are built on a permanent foundation must be allowed in the same manner and in the same zones as conventional or stick-built structures. Specifically, manufactured homes on a permanent structure should only be subject to the same development standards that a conventional single-family residential dwelling would be subject to. The element must demonstrate consistency with this requirement or add or modify programs as appropriate.
4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types. For example, the analysis must analyze maximum lot coverage, height limits, setbacks in all zones allowing residential uses, particularly higher density. The analyses should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints.
Minimum Unit Sizes: The element mentions minimum unit size requirements that would preclude smaller units (e.g., “affordable by design” apartments), these requirements 742
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should be described and analyzed as a potential constraint, and programs should be added to address identified constraints.
Parking Requirements: The element provides a brief discussion regarding the City’s high parking requirements and provides Program 3.A (Prepare a Downtown parking plan and update parking requirements); however the program should provide a specific commitment to study and update parking requirements throughout the entire City to remove all potential constraints. In addition, Program 3.A should commit to revising parking standards for commercial and high-density residential zoning districts including, parking requirements that exceed a sliding scale for commercial and high-density residential zoning districts, covered versus underground parking requirements, and guest parking requirements.
Fees and Exactions: The element must describe all required fees for single family and multifamily housing development (i.e., zoning change, general plan change, lot splits, in lieu fees, impact fees, etc.) and analyze their impact as potential constraints on housing supply and affordability. For example, the analysis could identify the total amount of fees and their proportion to the development costs for both single family and multifamily housing. In addition, the City’s fees should be analyzed relative to other jurisdictions in the county, which currently are significantly greater than surrounding jurisdictions, and add a program to address any potential constraints. In addition, the element indicates that fees for multifamily projects are significantly greater than those for single-family projects, an uncommon observation not found in other comparable jurisdictions.
Excessive fees for multifamily projects have significant impacts on housing affordability and production. The element should include an evaluation of these fees and add programs to address the constraint as appropriate.
Zoning and Fees Transparency: The element must clarify compliance with new transparency requirements for posting all zoning, development standards and fees on the City’s website and add a program to address these requirements, if necessary.
Local Processing and Permit Procedures: While the element includes information about processing times in Table C-8, it should clarify the typical average time for single family and multifamily processing times. The element should also describe and evaluate the process for a typical development complying with zoning including approval body, number of public hearings, approval findings and any other relevant factors for impacts on housing cost, timing, feasibility and approval certainty. Lastly, the element should clearly describe whether the Planned Development process, including subsequent use permit, is required or optional to applicants. If required, the element should include specific analysis of the impacts of absence of fixed development standards on housing supply (number of units), cost, timing, feasibility, and approval certainty. 743
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C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
To have a beneficial impact and achieve the goals and objectives of the housing element, programs must have specific commitments and discrete timing (e.g., at least annually, by a specific date). Programs that should be revised include:
• Program 1.B (Higher Density in CT District): The program should provide commitments to specific actions and the timeline should occur earlier in the planning period for accountability, tracking, and potential modification. • Program 1.C (Housing in OA District): The timeline for the program should occur earlier in the planning period for more significant impact. • Program 1.D (Housing on Church Lands): The timeline for the program should occur earlier in the planning period for more significant impact. • Program 1.E (Update Specific Plan): The program should provide a specific commitment to remove objective design standards (i.e., “landscape and beautification”). As well, the timeline for the program should occur earlier in the planning period for more significant impact.
• Program 1.H (City-Owned Sites): The program should commit to provide specific incentives.
• Program 1.I (Downtown Lot Consolidation Incentive): The program should provide a specific commitment to establishing lot consolidation incentives beyond evaluating.
• Program 2.A (Enhance Inclusionary Housing Requirements): The program should provide a specific commitment to modifying fees to address constraints. • Program 2.C (Affordable Housing Funding): The program should include outreach to developers to promote incentives. Also clarify whether incentives are currently in place, if not then include timelines for their implementation. • Program 3.A (Prepare a Downtown parking plan and update parking requirements): As mentioned earlier, the program should provide a specific commitment to study and update parking requirements throughout the entire City and address all constraints.
• Program 3.B (Building Heights in Mixed-Use Zones): The program should specify how many stories will be allowed. In addition, the program should be revised to address height constraints for the entire City.
• Program 3.H (Design Review Process Update): The specific commitments provided in the program are likely insignificant to reducing the design review constraint (i.e., persistence of the planning commission and city council vote during the event of an appeal which is very likely given the elements admissions 744
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to “community resistance to housing (page C-38). In addition, the program should also remove other subjective design review bodies such as the third-party independent architect review. Furthermore, the program must commit to further evaluate midcycle progress and commit to making changes if necessary to address the constraint.
• Program 4.C (Low Barrier Navigation Centers): The timeline for the program should occur earlier in the planning period. because it is a carryover program from the previous planning cycle – no later than 1 year. • Program 4.D (Transitional and Supportive Housing): The program must specifically commit to comply with AB 2162. In addition, the timeline for the program should occur earlier in the planning period.
• Program 4.E (Employee/Farmworker Housing): The timeline for the program should occur earlier in the planning period because it is a carryover program from the previous planning cycle – no later than 1 year.
• Program 4.F (Reasonable Accommodations): The timeline for the program should occur earlier in the planning period because it is a carryover program from the previous planning cycle – no later than 1 year.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised, as follows:
• Prior Identified Sites: Program 1.G (Rezone Sites from Previous Housing Element) should commit to rezone sites at appropriate densities (e.g., allow at least 30 units per acre).
• Density Bonus: The element should include a program to ensure the City will update to meet State Density Bonus Law.
• SB 9: The element should include a program to implement SB9 in compliance with State law.
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3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding B4, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, milestones, and geographic targeting as appropriate and must address housing mobility enhancement (more choices and affordability across geographies), new housing choices and affordability in higher opportunity and income areas (e.g., missing middle housing types), place-based strategies for community preservation and revitalization and displacement protection.
Housing mobility and new opportunities in higher resource areas should not be limited to the RHNA and, instead, target meaningful change in terms of fair housing issues. In addition, the element should be revised as follows:
• Program 2.D (ADU Streamlining): The program should geographically target outreach to single family households.
• Program 4.J (Alternative Transportation Incentive): The program should geographically target actions toward unsafe, lower resource, and underdeveloped infrastructure (i.e., sidewalks, protected bike lanes, etc.). • Program 6.C (Housing in Highest Resource Areas): The program should also disseminate information on the City website.
• Program 6.D (Section 8 Vouchers): The program should implement geographic targeting as well as track and modify actions as necessary to accomplish a desirable metric.
• Program 6.E (Anti-Displacement Outreach): The timeline for the program should occur earlier in the planning period for more significant impact. 746
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5. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent.. (Gov. Code, § 65583, subd. (c)(7).) The element should be revised as follows:
• Program 2.D (ADU Streamlining): The program must be modified to include necessary revisions to the City’s ADU ordinance to comply with State law.
The program should also provide specific commitments to remove barriers to the review process and clarify what incentives (i.e., processing and fees) will be implemented as well as how often outreach will occur.
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(9).) While the element includes a general summary of the public participation process, the element should also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element, including who attended and what feedback was provided. In addition, the element should describe additional methods for public outreach efforts in the future, particularly to include lowerincome and special needs households. 747
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Printed on Recycled Paper
SENT VIA ELECTRONIC MAIL
December 28, 2022
Mr. Nick Zornes
City of Los Altos
1 North San Antonio Road
Los Altos, CA 94022
[email protected]
MITIGATED NEGATIVE DECLARATION FOR CITY OF LOS ALTOS 2023-2031 HOUSING ELEMENT UPDATE – DATED NOVEMBER 2022
(STATE CLEARINGHOUSE NUMBER: 2022110605)
Dear Mr. Zornes:
The Department of Toxic Substances Control (DTSC) received a Mitigated Negative Declaration (MND) for the City of Los Altos 2023-2031 Housing Element Update (Project). The Lead Agency is receiving this notice from DTSC because the Project includes one or more of the following: groundbreaking activities, work in close proximity to a roadway, presence of site buildings that may require demolition or modifications, importation of backfill soil, and/or work on or in close proximity to an agricultural or former agricultural site.
DTSC recommends that the following issues be evaluated in the Hazards and Hazardous Materials section of the MND:
1. A State of California environmental regulatory agency such as DTSC, a Regional Water Quality Control Board (RWQCB), or a local agency that meets the requirements of Health and Safety Code section 101480 should provide regulatory concurrence that project sites are safe for construction and the proposed use.
2. The MND acknowledges the potential for historic or future activities on or near the project site to result in the release of hazardous wastes/substances on the project site. In instances in which releases have occurred or may occur, further studies should be carried out to delineate the nature and extent of the 748
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December 28, 2022
contamination, and the potential threat to public health and/or the environment should be evaluated. The MND should also identify the mechanism(s) to initiate any required investigation and/or remediation and the government agency who will be responsible for providing appropriate regulatory oversight.
3. Refiners in the United States started adding lead compounds to gasoline in the 1920s in order to boost octane levels and improve engine performance.
This practice did not officially end until 1992 when lead was banned as a fuel additive in California. Tailpipe emissions from automobiles using leaded gasoline contained lead and resulted in aerially deposited lead (ADL) being deposited in and along roadways throughout the state. ADL-contaminated soils still exist along roadsides and medians and can also be found underneath some existing road surfaces due to past construction activities. Due to the potential for ADL-contaminated soil DTSC, recommends collecting soil samples for lead analysis prior to performing any intrusive activities for the project described in the MND.
4. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition and disposal of any of the above-mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in accordance with DTSC’s 2006 Interim Guidance Evaluation of School Sites with Potential Contamination from Lead Based Paint, Termiticides, and Electrical Transformers.
5. If any projects initiated as part of the proposed project require the importation of soil to backfill any excavated areas, proper sampling should be conducted to ensure that the imported soil is free of contamination. DTSC recommends the imported materials be characterized according to DTSC’s 2001 Information Advisory Clean Imported Fill Material.
6. If any sites included as part of the proposed project have been used for agricultural, weed abatement or related activities, proper investigation for organochlorinated pesticides should be discussed in the MND. DTSC recommends the current and former agricultural lands be evaluated in accordance with DTSC’s 2008 Interim Guidance for Sampling Agricultural Properties (Third Revision).
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DTSC appreciates the opportunity to comment on the MND. Should you need any assistance with an environmental investigation, please visit DTSC’s Site Mitigation and Restoration Program page to apply for lead agency oversight. Additional information regarding voluntary agreements with DTSC can be found at DTSC’s Brownfield website.
If you have any questions, please contact me at (916) 255-3710 or via email at [email protected].
Sincerely,
Gavin McCreary
Project Manager
Site Evaluation and Remediation Unit
Site Mitigation and Restoration Program
Department of Toxic Substances Control
cc: (via email)
Governor’s Office of Planning and Research
State Clearinghouse
[email protected]
Mr. Dave Kereazis
Office of Planning & Environmental Analysis
Department of Toxic Substances Control
[email protected]
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From: Shree Dharasker
To: Nick Zornes
Cc: Michael Martin
Subject: [External Sender]Notice of Intent to Adopt the draft Initial Study/Mitigated Negative Declaration Date: Thursday, December 29, 2022 6:24:02 PM
Dear Mr. Zornes,
The Santa Clara Valley Water District (Valley Water) has reviewed the Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the City of Los Altos (City) 2023-2031 Housing Element Update, and has the following comments:
1. The Draft Housing Elements states that water supply for residential growth required by the City’s share of the Regional Housing Needs Assessment is accounted for in Cal Water’s 2020 Urban Water Management Plan. The Urban Water Management Plan assumes a substantial increase in water conservation to meet this goal. Valley Water encourages the City to help meet this goal by requiring all available water conservation measures in new development and redevelopment. Valley Water has been working with jurisdictions throughout the county on a Model Water Efficient New Development Ordinance that the City may consider to ensure there are sufficient water supplies into the future.
2. In addition to water conservation, another element of the county’s water supply portfolio is natural groundwater recharge, which is precipitation that infiltrates into the groundwater in the recharge areas of the basin. Within these areas, water from the surface passes through permeable sands and gravels to benefit water supply aquifers. Los Altos is in the recharge area of the Santa Clara Subbasin. Natural groundwater recharge has declined over the last 100 years as impermeable surfaces within the built environment have increase stormwater runoff and limit infiltration of precipitation. Precipitation that once supported the groundwater basin through natural recharge is now removed through stormwater infrastructure to San Francisco Bay. As noted in the Hydrology section, most new development and redevelopment is subject to stormwater quality requirements. Some of the methods used to meet these requirements work by retaining stormwater on the site for infiltration, which can support natural groundwater recharge. However, other methods focus primarily on stormwater quality and do not necessarily support recharge. To address the longterm cumulative impact to natural groundwater recharge, Los Altos should require development to include stormwater measures that retention stormwater on-site to maintain, and in where possible cases, increase natural groundwater recharge and protect groundwater quality.
3. Ensuring an adequate water supply to support existing and future development is one of the key priorities for Valley Water. To help achieve this common goal, Valley Water is available to coordinate with Los Altos regarding water conservation efforts, updated water demand management opportunities, flood protection, and understanding the impacts from anticipated growth.
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4. The City Housing Element Update lists proposed sites for redevelopment.
Development Plans should be consistent with Valley Water’s Guidelines and Standards for Land Use Near Streams. Elements to consider are setbacks for environmental purposes, including enhancements for trail purposes and for flood protection benefits Valley Water strongly advocates for maximizing vegetation area to enhance the riparian corridor by increasing setback from creek top of bank to any hardscape, roadways, or parking areas associated with the development.
5. Sites selected for redevelopment should be outside FEMA Flood Zones to provide adequate flood protection.
Please forward future environmental documents when available for public comment and review. If you have any questions or need further information, you can reach me by email at [email protected] or by phone at (408)630-3037. Please reference File # 27532 with any correspondence.
Shree Dharasker
Associate Engineer Civil
Community Projects Review Unit
(408)630-3037
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Agenda Item # 2.
RESOLUTION NO. PC 2023-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LOS ALTOS
RECOMMENDING THAT THE CITY COUNCIL ADOPT THE SIXTH CYCLE
HOUSING ELEMENT UPDATE
WHEREAS, the California Legislature has determined that the availability of housing is a matter of statewide importance and that cooperation between government and the private sector is critical to attainment of the State’s housing goals; WHEREAS, California Government Code Section 65588(b) requires the City of Los Altos to periodically prepare an update to the Housing Element of its General Plan; WHEREAS, the City Council directed the Development Services Director to cause the Development Services Director to proceed with this update to the City’s Housing Element for the 2023-2031 planning period;
WHEREAS, the City of Los Altos prepared the draft 2023-2031 Housing Element in accordance with California Housing Element Law (Government Code Section 65580 et esq.); WHEREAS, California Government Code Section 65583 requires that the Housing Element Update contain: (i) an assessment of the City’s housing needs and an analysis of the resources and constraints, both governmental and non-governmental, relevant to the meeting of these needs; (ii) an inventory of land suitable and available for residential development and an analysis of the development potential of such sites; (iii) a statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing; and (iv) programs that set forth a schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element Update;
WHEREAS, the City’s share of the regional housing need was established in the Regional Housing Needs Assessment Plan prepared and adopted by the Association of Bay Area Governments (ABAG) on December 16, 2021. The allocation establishes the number of new units needed, by income category, to accommodate expected population growth over the planning period of the Housing Element;
WHEREAS, Housing Element Law requires the Housing Element to identify adequate sites to accommodate the City's Regional Housing Needs Allocation (RHNA) for all income categories, and the Housing Element Update identifies sites that can accommodate housing exceeding the City's RHNA;
WHEREAS, in accordance with Government Code Section 65585(b), the City on August 12, 2022 submitted a draft Housing Element to the California Department of Housing and 753
Agenda Item # 2.
Community Development (HCD); and received a letter from HCD dated November 10, 2022, which provided the City’s draft Housing Element with comments that required revisions to comply with Housing Element Law;
WHEREAS, the City Council considered the comments received from HCD at a Study Session on November 29, 2022 and provided direction on responses to HCD’s comments; WHEREAS, the City incorporated revisions into Housing Plan Update 2023-2031 in response to HCD's letter dated November 10, 2022 to ensure that the Housing Element would substantially comply with Housing Element Law;
WHEREAS, an Initial Study and Mitigated Negative Declaration for the 2023-2031 Housing Element was prepared pursuant to California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et esq., CEQA Guidelines Section 15070, and the City of Los Altos local process for implementing CEQA, assessing the potential environmental impacts that might result from the adoption of the 2023-2031 Housing Element, a Mitigated Negative Declaration (MND) was prepared to address potential environmental impacts; WHEREAS, The Planning Commission considered Public Testimony regarding the Initial Study and Mitigated Negative Declaration for the 2023-2031 Housing Element as required by law; WHEREAS, the City conducted substantial and broad public engagement using a methodical process including 1) the establishment of a Housing Element page on the City’s website, through which the city has received input directly from residents and businesses; 2) six Housing Element pop-up events; 3) ongoing small group virtual meetings on the Housing Element, ranging from 2 to 10 attendee; 4) two double page ads in the Town Crier; 5) Housing Element newsletters and alerts for over 200 persons; 6) two Community Workshops, over two hundred attendees; 7) informational flier sent to every household in Los Altos; and five banners (8’ by 3’) posted on varies City Buildings and street corners advertising the Housing Element Update website and opportunity for continued public input;
WHEREAS, the Planning Commission held a duly noticed public hearing on January 2, 2023, as prescribed by law. Evidence was submitted to and considered by the Planning Commission, including, without limitation:
a) Written information including written and graphical information posted on the Project website, including without limitation public comments submitted to HCD and City, all of which are incorporated by this reference as though fully set forth herein.
b) Materials created for public engagement and study session agenda reports. c) Oral testimony from City staff, interested parties and the public. d) The staff report dated January 5, 2023, which along with attachments, are incorporated herein by reference as though fully set forth herein, as are staff reports 754
Agenda Item # 2.
and presentations prepared for related study sessions, which occurred during the life of the Project.
e) Additional information submitted during the public hearing; NOW, THEREFORE, BE IT RESOLVED that the Los Altos Planning Commission, in its independent judgment and after fully considering all alternatives, hereby declares that:
SECTION 1. The foregoing recitations are true and correct and are incorporated by reference into this action.
SECTION 2. The amendment to the Housing Element of the General Plan substantially complies with Housing Element Law, as provided in Government Code 65580 et. seq. The proposed amendments are required to bring the Housing Element into consistency with State law and are consistent with sound planning principles in that the proposed policies and proposed implementing regulations are compatible and ensure that the goals and policies of the General Plan can be adequately implemented.
SECTION 3. There is a real and substantial relationship of the Los Altos Housing Element to the general welfare of the City and the entire region. Los Altos has adequately researched and considered the numerous competing interests in the region and, in view of the demonstrated need for new housing, the approval constituted a reasonable accommodation of those interests.
PASSED AND ADOPTED this 5th day of January, 2023 by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Stephanie Williams, AICP Susan Mensinger, Chair
Staff Liaison
755
Agenda Item # 2.
January 3, 2023
Chair Mensinger and Members of the Los Altos Planning Commission Re: Agenda Item # 2 – Sixth Cycle Housing Element 2023-2031 Dear Chair Mensinger and Members of the Planning Commission:
As we have written earlier, the LWV supports a comprehensive plan to address housing that follows State law, and we commend the Staff and LWC for recommending changes to the Draft Housing Element (HE) that hopefully will lead to having a compliant HE. The LWV also supports policies and programs to provide a decent home for every American and Californian, including subsidies at all government levels to produce this housing.
Our greatest concern with the proposed revisions is Program 1.H. We are pleased that the timeline for implementing a program to encourage housing on City-owned Parking Plazas 7 and 8 has been expedited. Nonetheless, the program as described in the current HE does not prioritize the development of affordable housing on these sites, which we believe is important.
Because Los Altos has no affordable housing funds, unlike neighboring cities, the main contribution our City can make to incentivize affordable housing is to make the land free, or nearly free, for a term of 55 years or more, long enough to make a tax credit project feasible, as this is the main financing mechanism for most current affordable housing. The offer of a zero-cost land lease for 20 years to a market-rate developer providing 20% of the units to lower-income households does not incentivize more affordable housing than baseline inclusionary zoning requirements. Our below-market-rate (BMR) ordinance already requires a market-rate developer to provide 20% of the units as BMRs if they are rentals, (or 15% very low-income) so there is no added benefit to the City in this scenario.
We agree that the City should waive development impact fees for an all-affordable project, as it did with 330 Distel Circle, but it’s not clear why the City should waive applicable permit fees for a market-rate development on the Parking Plazas that includes the number of BMRs required by our ordinance already. We also do not think the City should be prioritizing housing for seniors, persons with disabilities and veterans without having completed a survey of what the needs are for various housing types.
756
Agenda Item # 2.
We are pleased to see that the revised HE proposes amending SB 9 and ADU ordinances ASAP to be compliant with State law. And we support earlier timelines for many programs, as HCD suggested. We commend the specific height increases for the CT and mixed-use zones.
We support zoning changes for the OA District, although we prefer consistency, rather than the spot zoning recommended.
We commend the simplification of the permitting process but would prefer to see some type of metrics/measurement built into the program to monitor how much the process is actually streamlined, instead of the proposed language in 3.H, “the time...will be shortened….” We believe that the State-mandated upzoning due to AB 2011 will allow more housing, but we would like the City to provide evidence of the impact of AB 2011. Nonetheless, this along with the zoning changes recommended in this HE version, the City’s site inventory should be sufficient, although we think that Foothill Crossings, See’s Candy site on El Camino Real, and perhaps other parcels, should be removed due to indications from the property owners that they have no interest in developing housing.
Finally, we acknowledge that the revised HE attempts to satisfy the requirements of Affirmatively Furthering Fair Housing, particularly in the future by hiring a Housing Manager, but we believe the City has not really met the intent of this new statutory requirement (to “overcome patterns of segregation” already extant in our City), just as many cities have not. Building an all-affordable housing development for low-income households on a Parking Plaza in the center of our downtown would be great step forward in Affirmatively Furthering Fair Housing. (Please send any questions about this email to Sue Russell at [email protected]) Karin Bricker, President LWV of Los Altos/Mountain View Area Cc: Gabe Engeland Nick Zornes Angel Rodriguez
757
Agenda Item # 2.
From: Anne Paulson
To: Public Comment - PC
Cc: Nick Zornes; Stephanie Williams
Subject: 1/5/23 meeting: Comment on Item 2, Housing Element Date: Tuesday, January 3, 2023 8:51:46 PM
January 3, 2023
To the Planning Commission:
The Los Altos Affordable Housing Alliance supports housing for all ages and all life stages in our community. We applaud City staff for their prompt turnaround of the new draft Housing Element. We appreciate that staff and our consultant have attempted to address HCD’s comments. A couple of issues still need to be dealt with.
Program 1.H, Housing on the parking plazas
Our chief concern is the new language with respect to the parking plazas. The revised Housing Element draft proposes an RFP for housing on plaza 7 or 8. The successful applicant, either a for-profit developer or an applicant proposing an all-affordable project, would receive a free lease of city land for 20 years. The draft mentions all-affordable projects, senior housing or veterans’ housing as being candidates for parking plaza housing.
First of all, we believe the first parking plaza project should be an all-affordable housing project. The City needs affordable housing, but affordable developers are unlikely to be able to buy land in Los Altos. As with 330 Distel, an affordable developer is going to need the land to be donated. The City of Los Altos doesn’t have much public land; a parking plaza is our best chance for another affordable project.
In addition to providing desperately needed affordable housing in our community, an allaffordable project on a parking plaza would satisfy several legal requirements. We are required by law to ameliorate past segregation, and there would be no better way to do that than putting an affordable project in the heart of the city. The affordable project would satisfy a solid chunk of our RHNA at whatever income levels were chosen. Lower-income households have fewer cars, and do less driving, than higher-income households, so we would be satisfying our VTA goals as well.
758
Agenda Item # 2.
But a twenty-year free lease plus fee waivers is not enough to make an affordable project feasible. An affordable project would need at least 55 years with very favorable terms. After all, the only all-affordable project in our City, 330 Distel, was given their land for free.
Meanwhile, giving free use of City land to a market-rate developer for any length of time is unnecessarily generous. As we see from the many projects being approved and built on First Street, developers can build market-rate housing downtown without any financial help from the City. If a market-rate developer is to use our parking plaza for a housing development, they should have to buy or lease the land at market rate. We think the city should prioritize all-affordable housing developments on parking plazas, but if there is a market-rate development there, it should not get special concessions.
Program 1.C, OA zoning
The original draft of the Housing Element called for upzoning all of the OA zone, which includes the commercial area on San Antonio across from downtown, as well as the small offices on Altos Oaks Drive and a few parcels on Fremont Avenue near El Monte. The draft submitted to HCD changed this, so that only the parcels in the site inventory would be upzoned.
We do not support spot upzoning. Spot upzoning makes the zoning code more complex, at a time when the city is supposed to be removing constraints to housing production rather than introducing more of them. Moreover, the sites in the OA zone that front on San Antonio but are not listed on the site inventory are going to be upzoned in July anyway, as a result of AB 2011, no matter what the city does, and the sites on Altos Oaks that are ripe for development are listed on the site inventory and will be upzoned. Thus, spot upzoning instead of upzoning the whole OA zone would add complexity to our zoning code, without any advantage to the city. We believe the City should return to the initial plan of upzoning all of OA.
We are confident that staff, the Planning Commission and the City Council can deal with these issues, as well other minor issues, and promptly get the Housing Element revised, adopted and sent to HCD.
Respectfully,
The Los Altos Affordable Housing Alliance Steering Committee 759
Agenda Item # 2.
1 North San Antonio Road
Los Altos, California 94022-3087
M E M O R A N D U M
DATE: January 6, 2023
TO: Los Altos City Council
FROM: Nick Zornes, Development Services Director
SUBJECT: 1/10/2024 – CITY COUNCIL RESOLUTION
This memo serves as informational to the City Council and general public. The City Council Resolution for adoption of the 6th Cycle Housing Element shall be forthcoming and added to the 1/10/2023 Agenda Report, or with the 1/24/2023 Agenda Report. 760
Agenda Item # 2.
Mitigation Monitoring and Reporting Program
1 Mitigation Monitoring and Reporting Program
The Initial Study-Mitigated Negative Declaration (IS-MND) identifies the applicable mitigation measures that will be implemented to reduce the impacts associated with the City of Los Altos 2023-2031 Housing Element Update Project. The California Environmental Quality Act (CEQA) requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in section 21081.6(a)(1) of the Public Resources Code:
...the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.
Section 21081.6 also provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined as part of adopting a mitigated negative declaration.
To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. Future project applicants will have the responsibility for implementing the measures that apply to development activity, and the various City of Los Altos departments will have the primary responsibility for monitoring and reporting the implementation of the mitigation measures.
The first column identifies mitigation measures that were identified in the IS-MND. The second column, entitled “Implementation Procedures,” identifies the procedures for implementing the mitigation measure. The third column “Monitoring and Reporting Actions,” refers to the monitoring action that must be taken to ensure the mitigation measure’s implementation. The fourth column, entitled “Monitoring Timing,” refers to when the monitoring will occur to ensure that the mitigation action is complete. The fifth column, “Responsible Agency,” refers to the agency responsible for oversight or ensuring that the mitigation measure is implemented. The “Compliance Verification” column is where the Responsible Agency verifies that the measures have been implemented. 761
Agenda Item # 2.
City of Los Altos
2023-2031 Housing Element Update
2 Mitigation Measure
Implementation
Procedures
Monitoring and
Reporting Action
Monitoring
Timing
Monitoring
Responsibility
Compliance
Verification
(Initial, Date,
Comments)
Air Quality
AQ-1: Individual Air Quality Analysis
The City shall establish the following Standard Condition of Approval for projects requiring City approval:
For individual projects subject to CEQA that do not meet the BAAQMD construction and/or operational screening criteria under Table 6, individual air quality analysis shall be conducted to determine project significance.
Where individual projects exceed BAAQMD significance thresholds detailed under Table 7, mitigation measures shall be incorporated to reduce emissions to below thresholds. Construction mitigation measures may include, but are not limited to, incorporation of Tier 4 and/or alternative fueled equipment, use of onsite power sources instead of generators, and use of low/no-VOC content architectural coatings. Operational mitigation measures may include, but are not limited to, increased incorporation of photovoltaic systems (PV) beyond regulatory requirements, increased incorporation of EV charging stations and/or infrastructure beyond regulatory requirements, incorporation of a development-wide ride-share system, or elimination of natural gas usage within residential developments. Individual project analysis and accompanying emissionreduction measures shall be approved by the City prior to issuance of a permit to construct or permit to operate.
The City shall
establish and apply a
standard condition
of approval requiring
individual air quality
analysis for projects
that do not meet
BAAQMD
construction and/or
operational
screening criteria.
Verify that the
standard condition
of approval is
established and
applied; verify that
individual air
quality analysis is
completed for
projects that do
not meet BAAQMD
construction
and/or operational
screening criteria.
Prior to project
approval.
City of Los
Altos
Planning
Division
AQ-2: Construction Emissions Measures
The City shall establish the following Standard Condition of Approval for projects requiring City approval:
Project applicants shall comply with the current Bay Area Air Quality Management District’s basic control measures for reducing construction emissions of PM10 (Table 8-2, Basic Construction Mitigation Measures Recommended for All Proposed Projects, of the May 2017 BAAQMD CEQA Guidelines), outlined below.
The City shall
establish and apply a
standard condition
of approval requiring
the reduction of
construction
emissions.
Verify that the
standard condition
of approval is
established and
applied; verify that
the project
applicant complies
with the current
Bay Area Air
Prior to project
approval.
City of Los
Altos
Planning
Division
762
Agenda Item # 2.
Mitigation Monitoring and Reporting Program
3 Mitigation Measure
Implementation
Procedures
Monitoring and
Reporting Action
Monitoring
Timing
Monitoring
Responsibility
Compliance
Verification
(Initial, Date,
Comments)
1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times a day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour.
5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.
7. All construction equipment shall be maintained and properly tuned in accordance with manufacture’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper conditions prior to operation. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD’s number shall also be visible to ensure compliance with applicable regulations.
Quality
Management
District’s basic
control measures
for reducing
construction
emissions of PM10.
AQ-3: Construction Health Risk Assessment
The City shall establish the following Standard Condition of Approval for projects requiring City approval:
For individual projects where construction activities would last longer than two months and where construction would occur within 1,000 feet of The City shall
establish and apply a
standard condition
of approval to
require Tier 4
equipment and or
Verify that the
standard condition
of approval is
established and
applied; verify that
Tier 4 equipment
Prior to project
approval.
City of Los
Altos
Planning
Division
763
Agenda Item # 2.
City of Los Altos
2023-2031 Housing Element Update
4 Mitigation Measure
Implementation
Procedures
Monitoring and
Reporting Action
Monitoring
Timing
Monitoring
Responsibility
Compliance
Verification
(Initial, Date,
Comments)
sensitive receptors, Tier 4 equipment and/or alternative fuel construction equipment shall be used.
alternative fuel
equipment be used
for projects lasting
longer than two
months and where
construction would
occur within 1,000
feet of sensitive
receptors.
and or alternative
fuel equipment is
used for projects
lasting longer than
two months and
where construction
would occur within
1,000 feet of
sensitive receptors.
Biological Resources
BIO-1: Special-status Bat Species Avoidance and Minimization The City shall establish the following Standard Condition of Approval for projects requiring approval:
For projects that involve demolition of uninhabited buildings or removal of mature trees large enough to contain crevices and hollows that could support bat roosting, focused surveys to determine the presence/absence of roosting bats shall be conducted prior to demolition or tree removal. If active maternity roosts are identified, a qualified biologist shall establish avoidance buffers applicable to the species, the roost location and exposure, and the proposed construction activity in the area. If active nonmaternity day or night roosts are found on the project site, measures shall be implemented to passively relocate bats from the roosts prior to the onset of construction activities. Such measures may include removal of roosting site during the time of day the roost is unoccupied or the installation of oneway doors, allowing the bats to leave the roost but not to re-enter. These measures shall be presented in a Bat Passive Relocation Plan that shall be submitted to, and approved by, CDFW.
The City shall
establish and apply a
standard condition
of approval to avoid
and minimize effects
to special-status bat
species.
Verify that the
standard condition
of approval is
established and
applied; verify that
focused bat
surveys are
conducted by a
qualified biologist
to determine the
presence/absence
of special status
bat species.
Prior to project
approval.
City of Los
Altos
Planning
Division
BIO-2: Biological Resources Screening and Assessment
The City shall establish the following Standard Condition of Approval for projects requiring approval:
The city shall
establish and apply a
Verify that the
standard condition
Prior to project
approval.
City of Los
Altos
764
Agenda Item # 2.
Mitigation Monitoring and Reporting Program
5 Mitigation Measure
Implementation
Procedures
Monitoring and
Reporting Action
Monitoring
Timing
Monitoring
Responsibility
Compliance
Verification
(Initial, Date,
Comments)
For projects on sites located on or adjacent to a creek, the project applicant shall hire a qualified biologist to perform a preliminary biological resources screening, for the City’s review and approval, to determine whether the project has the potential to impact special status biological resources, inclusive of special status plants and animals, sensitive vegetation communities, jurisdictional waters (including creeks, drainages, streams, ponds, vernal pools, riparian areas and other wetlands), critical habitat, wildlife movement area, or biological resources protected under local or regional ordinances or an existing HCP or NCCP. If it is determined that the project has no potential to impact biological resources, no further action is required.
If the project would have the potential to impact biological resources, prior to construction, a qualified biologist shall conduct a project-specific biological analysis to document the existing biological resources within a project footprint plus a minimum buffer of 50 feet around the project footprint, as is feasible, and to determine the potential impacts to those resources, as approved by the City. The project-specific biological analysis shall evaluate the potential for impacts to all biological resources including, but not limited to special status species, nesting birds, wildlife movement, sensitive plant communities, critical habitats, and other resources judged to be sensitive by local, State, and/or federal agencies. If the project would have the potential to impact these resources, recommendations developed to enhance wildlife movement (e.g., installation of wildlife friendly fencing), as applicable, to reduce impacts to less than significant levels. Pending the results of the project-specific biological analysis, City review, design alterations, further technical studies (e.g., protocol surveys) and consultations with the USFWS, NMFS, CDFW, and/or other local, State, and federal agencies may be required.
standard condition
of approval to screen
for biological
resources on the
project site for
projects requiring
approval.
of approval is
established and
applied; verify that
for projects on
sites located on or
adjacent to a creek,
the project
applicant has hired
a qualified biologist
to perform a
preliminary
biological
resources
screening.
. Planning
Division
BIO-3: Jurisdictional Delineation
The City shall establish the following Standard Condition of Approval for projects requiring approval:
The City shall
establish and apply a
standard condition
Verify that the
standard condition
of approval is
Prior to project
approval.
City of Los
Altos
765
Agenda Item # 2.
City of Los Altos
2023-2031 Housing Element Update
6 Mitigation Measure
Implementation
Procedures
Monitoring and
Reporting Action
Monitoring
Timing
Monitoring
Responsibility
Compliance
Verification
(Initial, Date,
Comments)
If potentially jurisdictional waters and/or wetlands are identified by the project-specific analysis (as required by Mitigation Measure BIO-3), for projects on sites that are on or adjacent (within 200 feet) to a creek, a qualified biologist shall complete a jurisdictional delineation to determine the extent of the jurisdictions for CDFW, USACE, and/or RWQCB. This delineation shall be conducted in accordance with the requirements set forth by each agency. The result shall be a preliminary jurisdictional delineation report that shall be submitted to the City, USACE, RWQCB, and CDFW, as appropriate, for review and approval. Jurisdictional areas shall be avoided. If jurisdictional areas are expected to be impacted, then the RWQCB would require a Waste Discharge Requirements (WDRs) permit and/or Section 401 Water Quality Certification (depending upon whether the feature falls under federal jurisdiction). If CDFW asserts its jurisdictional authority, then a Streambed Alteration Agreement pursuant to Section 1600 et seq. of the CFGC would also be required prior to construction within the areas of CDFW jurisdiction. If the USACE asserts its authority, then a permit pursuant to CWA Section 404 would likely be required. Furthermore, a compensatory mitigation program shall be implemented in accordance with Mitigation Measure BIO-4 and the measures set forth by the aforementioned regulatory agencies during the permitting process.
Compensatory mitigations for all permanent impacts to waters of the U.S. and waters of the state shall be completed at a ratio as required in applicable permits but shall not be less than a minimum ratio of 1:1. All temporary impacts to waters of the U.S. and waters of the State shall be fully restored to natural condition. The project applicant shall submit the report documenting restoration activities and monitoring to the City for review and approval.
of approval requiring
a qualified biologist
to complete a
jurisdictional
delineation for
projects which have
potentially
jurisdictional waters
and/or wetlands or a
creek on site.
established and
applied; verify that
a qualified biologist
completes a
jurisdictional
delineation if
necessary.
Planning
Division
BIO-4: General Avoidance and Minimization
The City shall establish the following Standard Condition of Approval for projects requiring approval:
Potential jurisdictional features on sites identified in jurisdictional delineation reports shall be avoided. Projects that may impact jurisdictional features shall include a report detailing how all identified jurisdictional The City shall
establish and apply a
standard condition
of approval requiring
the avoidance of
Verify that the
standard condition
of approval is
established and
applied; verify that
Prior to project
approval.
City of Los
Altos
Planning
Division
766
Agenda Item # 2.
Mitigation Monitoring and Reporting Program
7 Mitigation Measure
Implementation
Procedures
Monitoring and
Reporting Action
Monitoring
Timing
Monitoring
Responsibility
Compliance
Verification
(Initial, Date,
Comments)
features will be avoided, including groundwater draw down. The project applicant shall submit this report to the City for review and approval prior to construction.
• Material/spoils generated from project activities shall be located away from jurisdictional areas or special-status habitat and protected from storm water run-off using temporary perimeter sediment barriers such as berms, silt fences, fiber rolls (non- monofilament), covers, sand/gravel bags, and straw bale barriers, as appropriate. • Materials shall be stored on impervious surfaces or plastic ground covers to prevent any spills or leakage from contaminating the ground and generally at least 50 feet from the top of bank.
Any spillage of material will be stopped if it can be done safely. The contaminated area will be cleaned, and any contaminated materials properly disposed. For all spills, the project foreman or designated environmental representative will be notified.
potential
jurisdictional
features identified in
jurisdictional
delineation reports.
that jurisdictional
features are
avoided on site.
BIO-5: Preconstruction Surveys for Nesting Birds
The City shall establish the following Standard Condition of Approval for projects requiring City approval:
For projects that would involve native or naturalized vegetation or tree removal, a general pre-construction nesting bird survey shall be conducted by a qualified biologist within 14 days prior to the initiation of construction activities. If construction is stopped for more than 14 days during the nesting season, a pre-construction survey shall be conducted prior to the restart of construction activities. Surveys shall include the disturbance area plus a 50-foot buffer for passerine species, and a 500-foot buffer for raptors.
If active nests are located, an appropriate avoidance buffer shall be established within which no work activity would be allowed that would impact these nests. The avoidance buffer shall be established by the qualified biologist on a case-by-case basis based on the species and site conditions. Larger buffers may be required depending upon the status of The City shall
establish and apply a
standard condition
of approval to avoid
and minimize
impacts to nesting
birds that may be on
the project site
through surveying by
a qualified biologist
and the
establishment of an
avoidance buffer if
active nests are
found.
Verify that the
standard condition
of approval is
established and
applied; verify that
a bird survey is
conducted by a
qualified biologist
on the project site.
Prior to project
approval.
City of Los
Altos
Planning
Division
767
Agenda Item # 2.
City of Los Altos
2023-2031 Housing Element Update
8 Mitigation Measure
Implementation
Procedures
Monitoring and
Reporting Action
Monitoring
Timing
Monitoring
Responsibility
Compliance
Verification
(Initial, Date,
Comments)
the nest and the construction activities occurring in the vicinity of the nest.
The buffer area(s) shall be closed to all construction personnel and equipment until juveniles have fledged and/or the nest is inactive. A qualified biologist shall confirm that breeding/nesting is complete, and the nest is no longer active prior to removal of the buffer. If work within a buffer area cannot be avoided, then a qualified biologist shall be present to monitor all project activities that occur within the buffer. The biological monitor shall evaluate the nesting avian species for signs of disturbance and shall have the ability to stop work.
Cultural Resources
CUL-1: Archaeological Resources Assessment
The City shall establish the following Standard Condition of Approval for projects requiring City approval:
Prior to approval of any individual development projects under the 2023- 2031 Housing Element that will involve ground disturbance activities that may include, but are not limited to, grading and excavation, an archaeological resources assessment shall be performed under the supervision of an archaeologist that meets the Secretary of the Interior’s Professional Qualifications Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System (CHRIS) records search at the Northwest Information Center (NWIC) and a Sacred Lands File Search maintained by the Native American Heritage Commission (NAHC). The records searches shall characterize the results of previous cultural resource surveys and disclose any cultural resources that have been recorded and/or evaluated in and around the project site. A Phase I pedestrian survey shall be undertaken in proposed project sites that are undeveloped to identify the presence or absence of any surface cultural materials. By performing a records search, a Sacred Lands File search, and a Phase I survey, a qualified archaeologist will classify the project site as having high, medium, or low sensitivity for archaeological resources.
The City shall
establish and apply a
standard condition
of approval requiring
an archeological
resources
assessment be
conducted on the
proposed project
site.
Verify that the
standard condition
of approval is
established and
applied; verify that
an archaeological
assessment of the
proposed project
site is conducted.
Prior to project
approval.
City of Los
Altos
Planning
Division
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Comments)
If the Phase I archaeological survey identifies resources that may be affected by the project, the archaeological resources assessment shall also include Phase II testing and evaluation. If resources are determined significant or unique through Phase II testing and site avoidance is not possible, appropriate site-specific mitigation measures shall be identified in the Phase II evaluation. These measures may include, but would not be limited to, a Phase III Data Recovery Program, avoidance, or other appropriate actions to be determined by a qualified archaeologist. If significant archaeological resources cannot be avoided, impacts may be reduced to less than significant by adding fill soils on top of the resources rather than cutting into the cultural deposits. Alternatively, and/or in addition, a data collection program may be warranted, including mapping the location of artifacts, surface collection of artifacts, or excavation of the cultural deposit to characterize the nature of the buried portions of sites.
Curation of the excavated artifacts or samples would occur as specified by the archaeologist in consultation with the City of Los Altos and with other relevant parties.
CUL-2: Unanticipated Discoveries of Archaeological Resources The City shall establish the following Standard Condition of Approval for projects requiring City approval:
In the event that archaeological resources are unexpectedly encountered during ground-disturbing activities associated with the 2023-2031 Housing Element, work within 50 feet of the find shall halt and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (National Park Service 1983) shall be contacted immediately to evaluate the resource. If the resource is determined by the qualified archaeologist to be prehistoric, then a Native American representative shall also be contacted to participate in the evaluation of the resource. If the qualified archaeologist and/or Native American representative determines it to be appropriate, archaeological testing for CRHR eligibility shall be completed. If the resource proves to be eligible for the CRHR and significant impacts to the resource cannot be avoided via project redesign, a qualified archaeologist shall prepare a data recovery The City shall
establish and apply a
standard condition
of approval to
provide guidance in
the case that
archaeological
resources are
unexpectedly
encountered during
ground-disturbing
activities.
Verify that the
standard condition
of approval is
established and
applied; verify that
all grounddisturbing activities
are halted in the
case that
archeological
resources are
discovered on the
project site.
Prior to project
approval.
City of Los
Altos
Planning
Division
769
Agenda Item # 2.
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2023-2031 Housing Element Update
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Comments)
plan tailored to the physical nature and characteristics of the resource, per the requirements of California Code of Regulations (CCR) Guidelines Section 15126.4(b)(3)(C). The data recovery plan shall identify data recovery excavation methods, measurable objectives, and data thresholds to reduce any significant impacts to cultural resources related to the resource.
Pursuant to the data recovery plan, the qualified archaeologist and Native American representative, as appropriate, shall recover and document the scientifically consequential information that justifies the resource’s significance. The City of Los Altos shall review and approve the treatment plan and archaeological testing as appropriate, and the resulting documentation shall be submitted to the regional repository of the California Historical Resources Information System, per CCR Guidelines Section 15126.4(b)(3)(C).
Geology and Soils
GEO-1: Protection of Paleontological Resources
The City shall establish the following Standard Condition of Approval for projects requiring approval in areas of high paleontological sensitivity (Quaternary (Pleistocene) alluvial fan and fluvial deposits and Santa Clara Formation) and that involve ground disturbance below the level of past disturbance:
Paleontological Resources Assessment
Prior to initial ground disturbance, the applicant shall retain a Qualified Professional Paleontologist, as defined by the SVP (2010), to conduct a paleontological resources assessment (PRA). The PRA shall determine the age and paleontological sensitivity of geologic formations underlying the proposed disturbance area, consistent with SVP (2010) guidelines for categorizing paleontological sensitivity of geologic units within a project area.
If underlying formations are found to have a high potential for paleontological resources, the Qualified Professional Paleontologist shall create a Paleontological Mitigation and Monitoring Program, which will be approved by the City and contain the following elements:
The City shall
establish and apply a
standard condition
of approval to
protect
paleontological
resources.
Verify that the
standard condition
of approval is
established and
applied; verify that
a paleontological
resources
assessment is
completed and a
Paleontological
Worker
Environmental
Awareness
Program is carried
out.
Prior to project
approval.
City of Los
Altos
Planning
Division
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Agenda Item # 2.
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Comments)
Paleontological Worker Environmental Awareness Program (WEAP) Prior to the start of construction, the Qualified Professional Paleontologist or their designee shall conduct a paleontological Worker Environmental Awareness Program (WEAP) training for construction personnel regarding the appearance of fossils and procedures for notifying paleontological staff should fossils be discovered by construction staff.
Paleontological Monitoring
Full-time paleontological monitoring shall be conducted during ground disturbing construction activities (i.e., grading, trenching, foundation work) in sediments assigned a high paleontological sensitivity. Paleontological monitoring shall be conducted by a qualified Paleontological Resources Monitor, as defined by the SVP (2010). The duration and timing of the monitoring will be determined by the Qualified Professional Paleontologist based on the observation of the geologic setting from initial ground disturbance, and subject to the review and approval by the City. If the Qualified Professional Paleontologist determines that full-time monitoring is no longer warranted, based on the specific geologic conditions once the full depth of excavations has been reached, they may recommend that monitoring be reduced to periodic spot-checking or ceased entirely.
Monitoring shall be reinstated if any new ground disturbances are required, and reduction or suspension shall be reconsidered by the Qualified Professional Paleontologist at that time. In the event of a fossil discovery by the paleontological monitor or construction personnel, all work in the immediate vicinity of the find shall cease. A Qualified Professional Paleontologist shall evaluate the find before restarting construction activity in the area. If it is determined that the fossil is scientifically significant, then it shall be salvaged, identified to the lowest possible taxonomic level, and curated in a scientific institution with a permanent paleontological collection along with all pertinent field notes, photos, data, and maps.
Upon completion of ground disturbing activity (and curation of fossils if necessary) the Qualified Professional Paleontologist shall prepare a final report describing the results of the paleontological monitoring efforts associated with the project. The report shall include a summary of the field and laboratory methods, an overview of the project geology and paleontology, a list of taxa recovered (if any), an analysis of fossils 771
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2023-2031 Housing Element Update
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Comments)
recovered (if any) and their scientific significance, and recommendations.
The report shall be submitted to the City. If the monitoring efforts produced fossils, then a copy of the report shall also be submitted to the designated museum repository.
Hazards and Hazardous Materials
HAZ-1: Database Review and Investigation
The City shall establish the following Standard Condition of Approval for projects requiring approval:
Prior to issuance of a grading permit, the SWRCB’s GeoTracker database and DTSC’s EnviroStor database shall be consulted by City staff or consultant to determine whether or not the site to be graded is within 500 feet of an identified active hazardous material site.
If the site is identified in the GeoTracker or EnviroStor databases within 500 feet of an identified active hazardous material site, or if the site to be graded is located on a site that:
• Was currently and/or historically used for railroad, agricultural, or industrial uses.
• Was previously or is currently utilized to store, handle, and/or generate hazardous materials.
• Has unknown previous site uses; and/or
• Was previously or is currently utilized as a manufacturing facility, a gasoline station, automobile repair shop (or similar), or dry cleaner, The following process shall be followed prior to issuance of a grading permit:
• The project applicant shall retain a qualified environmental professional (Professional Geologist or Professional Civil Engineer) to prepare a Phase I ESA in accordance with current ASTM standards. • If the Phase I ESA identifies any potential contamination sources, the project applicant shall retain a qualified environmental consultant to prepare a Phase II ESA (subsurface investigation) to determine whether the identified potential sources have resulted in soil, The City shall
establish and apply a
standard condition
of approval outlining
the process that shall
be followed prior to
issuance of a grading
permit including the
requirement that the
GeoTracker and
EnviroStar databases
are consulted.
Verify that the
standard condition
of approval is
established and
applied; verify that
evidence of
regulatory
database review
and investigation
has been provided
by the project
applicant.
Prior to project
approval.
City of Los
Altos
Planning
Division
772
Agenda Item # 2.
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groundwater, or soil vapor contamination exceeding regulatory action levels.
• If the Phase II ESA identifies contamination exceeding applicable regulatory screening levels for construction workers and future site users published by the Regional Water Quality Control Board (RWQCB), Department of Toxic Substances Control (DTSC), and/or Environmental Protection Agency (EPA), a Soil Management Plan shall be prepared (see HAZ-2).
• If the Phase II ESA identifies contamination exceeding hazardous waste screening thresholds for contaminants in soil (California Code of Regulations [CCR] Title 22, Section 66261.24), remediation shall be conducted (see HAZ-3).
The project applicant shall provide written evidence of regulatory database review and investigation. The City of Los Altos shall ensure that evidence of regulatory database review and investigation has been provided by the project applicant prior to project approval.
HAZ-2: Soil Management Plan for Impacted Soils
The City shall establish the following Standard Condition of Approval for projects requiring City approval:
If impacted soils or other impacted wastes are present at the project site, the project applicant shall retain a qualified environmental professional to prepare a Soil Management Plan (SMP) prior to construction. The SMP, or equivalent document, shall be prepared to address onsite handling and management of impacted soils or other impacted wastes and reduce hazards to construction workers and offsite receptors during construction.
The plan must establish remedial measures and/or soil management practices to ensure construction worker safety, the health of future workers and visitors, and the off-site migration of contaminants from the site. These measures and practices may include, but are not limited to:
• Stockpile management including stormwater pollution prevention and the installation of BMPs
The City shall
establish and apply a
standard condition
of approval requiring
a Soil Management
Plan for sites that
have impacted soils
or other impacted
wastes.
Verify that the
standard condition
of approval is
established and
applied; verify that
a soil management
plan is established
by a qualified
environmental
professional If
impacted soils or
other impacted
wastes are present
at the project site.
Prior to project
approval.
City of Los
Altos
Planning
Division
773
Agenda Item # 2.
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2023-2031 Housing Element Update
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• Guidance regarding proper disposal procedures of contaminated materials
• Guidance regarding monitoring, reporting, and regulatory agency notification
• A health and safety plan (HASP) for contractors working at the site that addresses the safety and health hazards of each phase of site construction activities with the requirements and procedures for employee protection
• The HASP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction.
The project applicant shall prepare and implement a written Soil Management Plan and ensure that an appropriate regulatory oversight agency, such as Santa Clara County Department of Environmental Health, reviews and approves the development site Soil Management Plan, HASP, and remedial measures for impacted soils.
The City of Los Altos shall ensure that a written Soil Management Plan, HASP, and remedial measures for impacted soils has been prepared and approved prior to issuance of a grading permit.
HAZ-3: Remediation
The City shall establish the following Standard Condition of Approval for projects requiring City approval:
If soil present within the construction envelope at the development site contains chemicals at concentrations exceeding hazardous waste screening thresholds for contaminants in soil (California Code of Regulations [CCR] Title 22, Section 66261.24), the project applicant shall retain a qualified environmental consultant (PG or PE), to conduct additional analytical testing and recommend soil disposal recommendations, or consider other remedial engineering controls, as necessary.
The qualified environmental consultant shall use the development site analytical results for waste characterization purposes prior to offsite transportation or disposal of potentially impacted soils or other impacted The City shall
establish and apply a
standard condition
of approval requiring
a Soil Management
Plan for sites that
have impacted soils
or other impacted
wastes.
Verify that the
standard condition
of approval is
established and
applied; verify that
the project
applicant has
retained a qualified
environmental
professional to
create a Soil
Management Plan
for sites that have
Prior to project
approval.
City of Los
Altos
Planning
Division
774
Agenda Item # 2.
Mitigation Monitoring and Reporting Program
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wastes. The qualified environmental consultant shall provide disposal recommendations and arrange for proper disposal of the waste soils or other impacted wastes (as necessary), and/or provide recommendations for remedial engineering controls, if appropriate.
The project applicant or their contractors shall provide evidence that remediation reduced contaminant levels to below applicable federal, State, and local regulations for human and environmental health, and below hazardous materials threshold concentrations. Evidence of compliance may include, but is not limited to, notifying the appropriate oversight agency (e.g., SCCDEH) of the contamination, hiring a qualified environmental professional to conduct the necessary assessments and abatement (including soil sampling, preparing a remediation plan to adequately abate the hazardous materials, and ultimately obtaining necessary clearance letters from the oversight agency), and issuance of a No Further Action letter, if applicable.
City of Los Altos shall ensure that evidence of remediation compliance has been provided by the project applicant, prior to issuing an occupancy permit.
impacted soils or
other impacted
wastes.
Noise
NOI-1: Construction Noise Reduction Measures
The City shall establish the following Standard Condition of Approval for projects requiring City approval:
For development projects involving construction within 50 feet of sensitive receivers, the applicant shall develop a site-specific Construction Noise Reduction Program prepared by a qualified acoustical consultant to reduce construction noise impacts to the maximum extent feasible, subject to review and approval of the Planning Director in advance of issuance of building permits. The following measures to minimize exposure to construction noise shall be included:
Mufflers. During excavation and grading construction phases, all construction equipment, fixed or mobile, shall be operated with closed The City shall
establish and apply a
standard condition
of approval requiring
a Construction Noise
Reduction Program
for projects involving
construction within
50 feet of sensitive
receivers.
Verify that the
standard condition
of approval is
established and
applied; verify that
the project
applicant develops
a Construction
Noise Reduction
Program.
Prior to project
approval.
City of Los
Altos
Planning
Division
775
Agenda Item # 2.
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2023-2031 Housing Element Update
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Comments)
engine doors and shall be equipped with properly operating and maintained mufflers consistent with manufacturers’ standards.
Air compressors. Utilize “quiet” models of air compressors and other stationary noise sources to the greatest extent practicable. Select hydraulically or electrically powered equipment and avoid pneumatically powered equipment where feasible.
Pile driving. If pile driving is required, pre-drill foundation pile holes to minimize the number of impacts required to seat the pile. Examine whether the use of sonic pile driving is feasible and quieter. If so, utilize that method.
Stationary Equipment. All stationary construction equipment shall be placed so that emitted noise is directed away from the nearest sensitive receivers. Construct temporary noise barriers or partial enclosures to acoustically shield such equipment to the maximum extent feasible.
Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between constructionrelated noise sources and noise-sensitive receivers.
Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.
Perimeter Noise Reduction. Construct solid plywood fences around construction sites adjacent to operational business, residences or other noise-sensitive land uses where the noise control plan analysis determines that a barrier would be effective at reducing noise.
Signage. For the duration of construction, the applicant or contractor shall post a sign in a construction zone that includes contact information for any individual who desires to file a noise complaint. 776
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NOI-2: Vibration Control Plan
The City shall establish the following Standard Condition of Approval for projects requiring City approval:
For projects involving vibratory rollers within 25 feet of a historic structure, and/or the use of pile drivers, the applicant shall prepare a Vibration Control Plan prior to the commencement of construction activities. The Vibration Control Plan shall be prepared by a licensed structural engineer and shall include methods to minimize vibration, including, but not limited to:
• Use of drilled piles or similar method (e.g., cast-in-place systems) rather than pile driving
• Use of resonance-free vibratory pile drivers/rollers
• Avoiding the use of vibrating equipment when allowed by best engineering practices
The Vibration Control Plan shall include a pre-construction survey letter establishing baseline conditions of buildings within a 50-foot radius as well as at potentially affected extremely fragile buildings/historical resources and/or residential structures within the vicinity of the construction site. The condition of existing potentially affected properties shall be documented by photos and description of existing condition of building facades, noting existing cracks. The survey letter shall provide a shoring design to protect such buildings and structures from potential damage. At the conclusion of vibration causing activities, the qualified structural engineer hired by the applicant shall issue a follow-up letter describing damage, if any, to impacted buildings. The letter shall include recommendations for repair, as may be necessary, in conformance with the Secretary of the Interior Standards. Repairs shall be undertaken and completed by the contractor and monitored by a qualified structural engineer in conformance with all applicable codes including the California Historical Building Code (Part 8 of Title 24).
A Statement of Compliance signed by the applicant and owner is required to be submitted to the City Building Department at plan check and prior to The City shall
establish and apply a
standard condition
of approval requiring
the applicant to
prepare a vibration
control plan prior to
the commencement
of construction
activities.
Verify that the
standard condition
of approval is
established and
applied; verify that
the project
applicant prepares
a vibration control
plan.
Prior to project
approval.
City of Los
Altos
Planning
Division
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Agenda Item # 2.
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2023-2031 Housing Element Update
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(Initial, Date,
Comments)
the issuance of any permit. The Vibration Control Plan, prepared as outlined above, shall be documented by a qualified structural engineer, and shall be provided to the City upon request. A Preservation Director shall be designated, and this person’s contact information shall be posted in a location near the project site that it is clearly visible to the nearby receivers most likely to be disturbed. The Director will manage complaints and concerns resulting from activities that cause vibrations. The severity of the vibration concern should be assessed by the Director, and if necessary, evaluated by a qualified noise and vibration control consultant.
Transportation
TRA-1: Vehicle Miles Traveled (VMT) Reduction Mitigation for APN #18956014 and #31801036 The City shall require the following Standard Condition of Approval for projects on APN #18956014 and #31801036:
Prior to issuance of a building permit, the project applicant shall demonstrate VMT reduction using the Santa Clara County VMT Evaluation Tool for implementing Tier 1 through Tier 3 VMT mitigation measures:
▪ Tier 1: Project characteristics that encourage walking, biking, and transit uses.
▪ Tier 2: Multimodal network improvements that increase accessibility for transit users, bicyclists, and pedestrians. These improvements include:
o Increase bike access
o Improve connectivity by increasing intersection density o Increase transit accessibility
o Traffic calming measures beyond the project frontage
o Pedestrian network improvements beyond the project frontage ▪ Tier 3: Parking measures that discourage personal motorized vehicle trips. These improvements include:
o Limit parking supply
The City shall
establish and apply a
standard condition
of approval requiring
the project applicant
to demonstrate VMT
reduction using the
Santa Clara County
VMT Evaluation Tool
for implementing
Tier 1 through Tier 3
VMT mitigation
measures.
Verify that the
standard condition
of approval is
established and
applied; verify that
the project
applicant reduces
VMT for projects
on APN #18956014
and #31801036
Prior to project
approval.
City of Los
Altos
Planning
Division
778
Agenda Item # 2.
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Comments)
o Provide bike facilities
The City of Los Altos shall review project plans to ensure that the appropriate VMT mitigation measures are implemented prior to project approval.
TRA-2: VMT Reduction Mitigation for APN #31816022, #32601052, #32601053, and #33609018 The City shall require the following Standard Condition of Approval for projects on #31816022, #32601052, #32601053, and #33609018:
Prior to issuance of a building permit, the project applicant shall demonstrate VMT reduction using the Santa Clara County VMT Evaluation Tool for implementing Tier 1 through Tier 4 VMT mitigation measures:
▪ Tier 1: Project characteristics that encourage walking, biking, and transit uses.
▪ Tier 2: Multimodal network improvements that increase accessibility for transit users, bicyclists, and pedestrians. These improvements include:
o Increase bike access
o Improve connectivity by increasing intersection density o Increase transit accessibility
o Traffic calming measures beyond the project frontage
o Pedestrian network improvements beyond the project frontage ▪ Tier 3: Parking measures that discourage personal motorized vehicle trips. These improvements include:
o Limit parking supply
o Provide bike facilities
▪ Tier 4: Transportation Demand Management (TDM) measures that provide incentives and services to encourage alternatives to personal motorized vehicle trips. These measures for residential developments include:
o School pool programs
o Bike share programs
The City shall
establish and apply a
standard condition
of approval requiring
the project applicant
to demonstrate VMT
reduction using the
Santa Clara County
VMT Evaluation Tool
for implementing
Tier 1 through Tier 4
VMT mitigation
measures.
Verify that the
standard condition
of approval is
established and
applied; verify that
the project
applicant reduced
VMT for projects
on APN
#31816022,
#32601052,
#32601053, and
#33609018.
Prior to project
approval.
City of Los
Altos
Planning
Division
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Agenda Item # 2.
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2023-2031 Housing Element Update
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Comments)
o Car share programs
o Subsidized transit program
o Unbundle parking costs from property costs
o Voluntary travel behavior change program
The City of Los Altos shall review project plans to ensure that the appropriate VMT mitigation measures are implemented prior to project approval. TDM measures shall be enforced through annual trip monitoring to assess the project’s status in meeting the VMT reduction goals.
Tribal Cultural Resources
TCR-1: Suspension of Work Around Potential Tribal Cultural Resources The City shall establish the following Standard Condition of Approval for projects requiring City approval:
In the event that archaeological resources of Native American origin are identified during implementation of the proposed project, all earthdisturbing work within 50 feet of the find shall be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find as a cultural resource and an appropriate local Native American representative is consulted. If the City of Los Altos, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with local Native American group(s). The plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery. The City of Los Altos Community Development Director or designee shall review and approve the plan prior to implementation.
The City shall
establish and apply a
standard condition
of approval requiring
the suspension of all
earth-disturbing
work in the case that
archaeological
resources of Native
American origin are
identified during
implementation of
the proposed
project.
Verify that the
standard condition
of approval is
established and
applied; verify that
all earth-disturbing
work is suspended
if archaeological
resources of Native
American origin are
identified during
implementation of
the proposed
project.
Prior to project
approval.
City of Los
Altos
Planning
Division
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Agenda Item # 2.
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781
Agenda Item # 2.
CITY COUNCIL RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS,
CALIFORNIA, ADOPTING A GENERAL PLAN AMENDMENT TO REPEAL THE 2015-2023 HOUSING ELEMENT AND ADOPT THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2023-2031 AND MITIGATED NEGATIVE
DECLARATION IN COMPLIANCE WITH STATE HOUSING ELEMENT LAW AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Gov. Code Section 65589.5.); and
WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5.); and WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Los Altos, California (City) regional housing need allocation (RHNA) of 1,958 housing units, comprised of 501 very-low-income units, 288 low-income units, 326 moderate-income units, and 843 above moderate-income units; and WHEREAS, to comply with State Housing Element Law, the City has prepared Housing Element 2023-2031 (the Housing Element) in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA; and WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the Housing Element constitutes a General Plan Amendment; and WHEREAS, an Initial Study (IS) and Mitigated Negative Declaration (MND) for the 2023-2031 Housing Element was prepared pursuant to California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et esq., CEQA Guidelines Section 15070, and the City local process for implementing CEQA, assessing the potential environmental impacts that might result from the adoption of the 2023-2031 Housing Element, an IS and MND were prepared to address potential environmental impacts;
782
Agenda Item # 2.
WHEREAS, as provided in Government Code Sections 65352 – 65352.5 the City mailed a public notice to all California Native American tribes provided by the Native American Heritage Commission and to other entities listed; and
WHEREAS, no California Native American tribe requested consultation; and WHEREAS, the City conducted substantial and broad public engagement using a methodical process including 1) the establishment of a Housing Element page on the City’s website, through which the city has received input directly from residents and businesses; 2) six Housing Element pop-up events; 3) ongoing small group virtual meetings on the Housing Element, ranging from 2 to 10 attendee; 4) two double page ads in the Town Crier; 5) Housing Element newsletters and alerts for over 200 persons; 6) two Community Workshops, over two hundred attendees; 7) informational flier sent to every household in Los Altos; and five banners (8’ by 3’) posted on varies City Buildings and street corners advertising the Housing Element Update website and opportunity for continued public input; and
WHEREAS, in accordance with Government Code Section 65585 (b), on June 22, 2022 the draft Housing Element was posted, the City posted the draft Housing Element and requested public comment for a 30-day review period, and on August 12, 2022 the draft Housing Element was submitted to State Department of Housing and Community Development (HCD), after responding to public comments, the City submitted the draft Housing Element to HCD for its review; and
WHEREAS, on November 10, 2022, the City received a letter from HCD providing its findings regarding the draft Housing Element; and
WHEREAS, on November 30, 2022, the City released the IS and MND for a public comment period of 30-days; and
WHEREAS, on December 29, 2022, the City published a revised draft Housing Element responding to HCD’s findings and requested public comment on the draft Housing Element; and WHEREAS, on December 30, 2022, the City closed the public comment period for the IS and MND and duly considered all public comments received; and WHEREAS, on January 5, 2023, the Planning Commission held a duly and properly noticed public hearing and recommended that the City Council adopt the IS and MND and Housing Element; and
WHEREAS, on January 10, 2023, the City Council held a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the proposed Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including 783
Agenda Item # 2.
HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments;
WHEREAS, on January 24, 2023, the City Council held a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the proposed Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial evidence in the record:
SECTION 1. The foregoing recitals are true and correct and are incorporated by reference into this action.
SECTION 2. The Housing Element substantially complies with Housing Element Law, as provided in Government Code 65580 et seq., and contains all provisions required by State Housing Element Law, as shown in Attachment A to this Resolution, incorporated herein.
SECTION 3. Based on substantial evidence in the record, based on the age, and in some cases, the declining or deteriorating conditions of primarily non-residential structures located on non-vacant sites, as well as the likelihood of commercial uses on non-vacant sites converting to mixed-use residential development due to the continued decline of existing retail-only uses, as well as the currently moderate commercial use vacancy rates in the City; together with recent regional development trends (where conversion of non-residential uses on non-vacant sites to housing development to accommodate a range of household types such as multi-family and smaller unit sizes), the documented interest in recent years from developers and land owners; the lack of developable vacant sites in the City; and the existing uses on the sites identified in the site inventory to accommodate RHNA are likely to integrate with new residential uses, or discontinue during the planning period; the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period.
SECTION 4. As required by Government Code Section 65585(e), the City Council has considered the findings made by HCD included in the HCD’s letter to the City dated November 10, 2022, consistent with Government Code Section 65585(f), and as described in Attachment B to this resolution, incorporated herein, the City Council has changed the Housing Element in response to the findings of HCD to substantially comply with the requirements of State Housing Element Law as interpreted by HCD.
784
Agenda Item # 2.
SECTION 5. The City Council adopts the IS and MND based on its independent analysis that MND was completed in compliance with the California Environmental Quality Act (CEQA); finding that there is no substantial evidence that the project will have a significant effect on the environment; and that the IS and MND reflects the City’s independent judgment and analysis; adopting the 2023-2031 Housing Element, Attachment D, and IS and MND Mitigation Monitoring and Reporting Program, Attachment E.
SECTION 6. The City of Los Altos 2015-2023 Housing Element is hereby repealed in its entirety, and the City of Los Altos 6
th Cycle Housing Element 2023-2031, as shown in Attachment C to this Resolution, incorporated herein and adopted by this reference.
SECTION 7. This Resolution shall become effective upon adoption by the City Council.
SECTION 8. The Development Services Director, Nick Zornes is hereby directed to file all necessary material with HCD for HCS to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by HCD to achieve certification.
SECTION 9. The Development Services Director, Nick Zornes is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 and 65589.7.
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 ____, 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Sally Meadows, Mayor
Attest:
____________________________
Angel Rodriguez, Interim City Clerk
785
Agenda Item # 2.
ATTACHMENTS:
Attachment A: Compliance with Statutory Provisions.
Attachment B: Findings Responding to Letter from Department of Housing and Community Development dated November 10, 2022.
Attachment C: 2023 – 2031 Housing Element.
Attachment D: Initial Study and Mitigated Negative Declaration for the 2023-2031 Housing Element.
Attachment E: IS-MND Mitigation Monitoring and Reporting Program 786
Agenda Item # 2.
1 North San Antonio Road
Los Altos, California 94022-3087
M E M O R A N D U M
DATE: January 9, 2023
TO: Los Altos City Council
FROM: Nick Zornes, Development Services Director
SUBJECT: 6
TH CYCLE HOUSING ELEMENT (2023-2031)
OFFICE ADMINISTRATIVE (OA) DISTRICT SITES & PROGRAM 1.C This memo shall serve as informational to provide clarification to the Los Altos City Council on information contained within the January 10, 2023, City Council Agenda Report and attachments therein.
On January 5, 2023, the Los Altos Planning Commission considered the City’s Draft 6th Cycle Housing Element (2023-2031). During the Public Hearing a presentation was given, staff responded to questions of the commission, public testimony was received, followed by discussion of the commission where staff provided additional clarification.
Public testimony that was received commented on the Office Administrative (OA) District originally up zoning all sites within the OA District. Written public testimony received further clarified this comment stating, “The original draft of the Housing Element called for upzoning all of the OA zone”, “The draft submitted to HCD changed this, so that only the parcels in the site inventory would be upzoned.”
Following the January 5, 2023, Planning Commission hearing staff has reviewed and confirmed that the Site Inventory Matrix (comparison of the Public Review Draft and Current Draft) has NO changes to the sites list. The comparison confirms that no sites were removed, added, or modified from the inventory list for OA zoned parcels.
Program 1.C clarifications were added in August 2022 prior to submittal to HCD after the Public Review Draft comment period had closed. The following language shows the changes made only to Program 1.C:
787
Agenda Item # 2.
June 2022 (Public Review Draft)
Program 1.C: Allow housing in the Office Administrative (OA) District.
The Office Administrative (OA) District, primarily located along South San Antonio Road (east of Downtown), does not currently allow residential uses. However, given the high demand for housing in Los Altos and the opportunity to provide for housing in a mixed-use environment with access to transit, the OA District will be amended to allow multi-family development.
Residential uses will be allowed at a minimum density of 20 dwelling units per acre and a maximum density of 30 dwelling units per acre.
Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: Fourth quarter of 2025
Objective: Permit at least three (3) new housing units in the OA District during the planning period.
August 2022 (First Submittal sent to HCD)
*Revisions made to the Draft Housing Element after the 30-day Public Review Draft in June 2022 are notated in Red, Bold, and Underlined font below.
The Office Administrative (OA) District, primarily located along South San Antonio Road (east of Downtown), does not currently allow residential uses. However, given the high demand for housing in Los Altos and the opportunity to provide for housing in a mixed-use environment with access to transit, the sites identified in the OA District (Appendix B, Table B-11) will be amended to allow multi-family development. Residential uses will be allowed at a minimum density of 20 dwelling units per acre and a maximum density of 30 dwelling units per acre.
Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: Fourth quarter of 2025
Objective: Permit at least three (3) new housing units in the OA District during the planning period.
December 2022 (Revisions Post 90-day HCD Review)
*Revisions made to the Draft Housing Element after the 90-day HCD First Review since November 2022 are notated in Red, Bold, Underlined, and strikethrough font below.
Program 1.C: Allow housing in the Office Administrative (OA) District.
The Office Administrative (OA) District, primarily located along South San Antonio Road (east of Downtown), does not currently allow residential uses. However, given the high demand for housing in Los Altos and the opportunity to provide for housing in a mixed-use environment with access to transit, the sites identified in the OA District (Appendix B, Table B-11) will be 788
Agenda Item # 2.
amended to allow multi-family development. Residential uses will be allowed at a minimum density of 20 dwelling units per acre and a maximum density of 30 dwelling units per acre.
Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: Forth quarter of 2025 December 2024
Objective: Permit housing on at least three (3) OA District parcels during the planning period comprising at least 30 total housing units with at least five low-income units in the highest resource areas of the city.
Conclusion
The City did not remove any parcels from the Site Inventory, or the OA District rezone program.
The City did provide clarification in Program 1.C after the 30-day Public Review Draft in August 2022 which referenced the Site Inventory only located in Appendix B. Furthermore, the City provided revisions necessary based on HCD’s November 10, 2022 Findings Letter, which required the City to heighten the time frame for when Program 1.C would be completed, which has resulted with a targeted completion 1-year sooner that initially proposed. Lastly, the City provided quantified objectives for Program 1.C based on the capacity and reliance of housing production included within the housing element, the City anticipates the construction of at least 30 units within the OA District with at least 5 units for low-income households. 789
Agenda Item # 2.
1 North San Antonio Road
Los Altos, California 94022-3087
M E M O R A N D U M
DATE: January 9, 2023
TO: Los Altos City Council
FROM: Nick Zornes, Development Services Director
SUBJECT: 6
TH CYCLE HOUSING ELEMENT (2023-2031)
JANUARY 5, 2023 PLANNING COMMISSION RECOMMENDATION
This memo shall serve as informational to provide clarification to the Los Altos City Council on information contained within the January 10, 2023, City Council Agenda Report and attachments therein.
On January 5, 2023, the Los Altos Planning Commission considered the City’s Draft 6th Cycle Housing Element (2023-2031). During the Public Hearing a presentation was given, staff responded to questions of the commission, public testimony was received, followed by discussion of the commission where staff provided additional clarification.
The Planning Commission unanimously recommended adoption of the Draft 6th Cycle Housing Element as prepared with one revision to Program 3.H. If accepted by the Los Altos City Council the recommendation of the Planning Commission would revise the Draft Housing Element as follows (Planning Commission Recommendation are notated in Red, Bold, Underlined, and strikethrough font below):
• Clarify that decisions on appeals of housing developments must be based on objective standards consistent with State law and any appeal filed with the City shall be done within 10 14 calendar days post project approval; and
Conclusion
The Planning Commission Recommendation would provide 14 calendar days instead of 10 calendar days. Staff feels that this is reasonable, and still provides a level of certainty to applicants post project approval.
790
Agenda Item # 2.
1 North San Antonio Road
Los Altos, California 94022-3087
M E M O R A N D U M
DATE: January 9, 2023
TO: Los Altos City Council
FROM: Nick Zornes, Development Services Director
SUBJECT: 6
TH CYCLE HOUSING ELEMENT (2023-2031)
JANUARY 5, 2023 PLANNING COMMISSION RECOMMENDATION
This memo shall serve as informational to provide clarification to the Los Altos City Council on information contained within the January 10, 2023, City Council Agenda Report and attachments therein.
On January 5, 2023, the Los Altos Planning Commission considered the City’s Draft 6th Cycle Housing Element (2023-2031). During the Public Hearing a presentation was given, staff responded to questions of the commission, public testimony was received, followed by discussion of the commission where staff provided additional clarification.
During the Planning Commission Meeting Public Testimony provided comment regarding Program 1.H which commits the City of Los Altos to facilitate the development of housing on its City-owned sites, specifically Parking Plaza 7 and 8. Concern was raised by Anne Paulson of the Los Altos Affordable Housing Alliance, and Sue Russell of the League of Women Voters during oral public comments, and in writing prior to the January 5, 2023 Planning Commission Meeting.
In general, the concern raised by the two groups was regarding the number of affordable units that would be required of a Housing Developer in the future on city-owned sites. Both groups have advocated for the city-owned parking plazas to be built and used for 100% affordable projects with generous land lease terms. Furthermore, the League of Women Voters does not believe the City should be prioritizing housing for seniors, persons with disabilities and veterans without having completed a survey to determine the type of housing needed. 791
Agenda Item # 2.
Draft Housing Element as Proposed
Program 1.H: Facilitate housing on City-owned sites.
The City will facilitate development of housing on City-owned sites through public-private partnerships during the planning period. City-owned Downtown Parking Plazas 7 and 8 were identified as opportunity sites that could accommodate new development, including affordable housing, in the Downtown Vision Plan. The City will offer a minimum of 20 years of a zero cost land lease to a housing development providing a minimum of 20 percent of all dwelling units to lower income households. The City will encourage the development of senior housing, housing for persons with disabilities, and veteran housing on the City-owned Parking Plazas 7 and 8. In the event the development includes market-rate housing, the City will waive all applicable permit fees. In the event the development is constructed as 100 percent affordable, the City will waive all applicable development impact fees. The City will comply with all Surplus Land Act requirements during these efforts. The City will provide a dedicated project planner to facilitate an expedited project review process.
Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund, State or federal grant funds (if available).
Time Frame: Release request for proposals by December 2023; complete entitlements within one (1) year of application if not sooner (by December 2026) Objective: The City will enter into a public-private partnership for development of housing on at least one of the City’s Downtown parking plazas.
Proposed Changes by League of Women Voters to Program 1.H *Changes proposed by the League of Women Voters are notated in Red, Bold, Underlined, and strikethrough font below.
The City will facilitate development of housing on City-owned sites through public-private partnerships during the planning period. City-owned Downtown Parking Plazas 7 and 8 were identified as opportunity sites that could accommodate new development, including affordable housing, in the Downtown Vision Plan. The first RFP issued by the City for housing on either Parking Plaza 7 or 8 will be offer a minimum of 20 years of a zero cost land lease to affordable housing and the City will commit to selecting the development proposal that maximizes public benefit providing a minimum of 20 percent of all dwelling units to lower income households. Prior to the RFP issuance, Tthe City shall hire a third-party to analyze what the minimum financially feasible affordable housing production could be, based upon a minimum of 20 years of a zero-cost land lease and a commitment to provide a minimum 55-year lease. will encourage the development of senior housing, housing for persons with disabilities, and veteran housing on the City-owned Parking Plazas 7 and 8. In the event the development includes market-rate housing, the City will waive all applicable permit fees. In the event the development is constructed as 100% percent affordable, the City will waive all applicable development impact fees per Program 2.C. The City will comply with all Surplus 792
Agenda Item # 2.
Land Act requirements during these efforts. The City will provide a dedicated project planner to facilitate an expedited project review process.
Proposed Changes by League of Women Voters to Program 2.C Program 2.C: Assist in securing funding for affordable housing projects. *Changes proposed by the League of Women Voters are notated in Red, Bold, Underlined, and strikethrough font below.
To promote the development of affordable housing projects, and when requested by the project sponsor, the City will continue to assist in securing funding for low- and moderate-income housing developments through the following actions (all of the incentives below are currently in place except for providing funding for multi-jurisdictional housing finance programs):
• Apply for State and federal funding on behalf of a nonprofit, under a specific program to construct affordable housing including persons with physical disabilities or developmental disabilities.
• Provide financial incentive such as waiving City fees for 100 percent affordable housing projects within the City of Los Altos.
• Provide a dedicated project planner for 100 percent affordable housing projects. • Transfer the City’s annual CDBG allocation to the County for projects that serve the Los Altos community.
• Allocate a portion of CDBG funds toward affordable housing development. • Provide funding to participate in a multi-jurisdictional housing finance program (such as a Mortgage Revenue Bond or Mortgage Credit Certification Program). The City will continue to coordinate with Santa Clara County and other agencies on multi-jurisdictional housing finance programs.
Conclusion
Staff requests formal direction from the City Council to revise Program 1.H based on the Public Testimony received.
793
Agenda Item # 2.
1 North San Antonio Road
Los Altos, California 94022-3087
M E M O R A N D U M
DATE: January 10, 2023
TO: Los Altos City Council
FROM: Nick Zornes, Development Services Director
SUBJECT: 6
TH CYCLE HOUSING ELEMENT (2023-2031)
PROGRAM 1.F REZONE VILLAGE COURT PARCEL
This memo shall serve as informational to provide clarification to the Los Altos City Council on information contained within the January 10, 2023, City Council Agenda Report and attachments therein.
On January 9, 2023, the City received written public comment regarding Program 1.F Rezone Village Court Parcel from ViNA.
On November 13, 1962, the Los Altos City Council approved 62-PUD/C-7 a request to construct and operate a planned unit development on a parcel just over 5 acres in size. As included in the original project approval the Maximum Height for 62-PUD/C-7 zoning is “2 story or 30’, 1 story if within 100’ of R-1”.
Staff has reviewed the records provided to City late last night (January 9, 2023) that can also be found here:
https://www.losaltosca.gov/sites/default/files/fileattachments/community_development/page/390 21/background_records_for_village_corner_-_el_camino_real_at_san_antonio_road.pdf Additionally, staff has reviewed the Los Altos Municipal Code that was in effect at the original date of approval in 1962 and can confirm that the height requirements placed on 62-PUD/C-7 are standard pursuant to Sec. 10-2.1807 and have not changed since the adoption of Ordinance No. 146 titled Zoning Ordinance, effective March 6, 1958.
14.62.070 - Height of structures adjacent to single-family districts (PUD).
A. In all PUD/R, PUD/OA, and PUD/C Districts, the maximum height of commercial, professional-administrative, and multiple-family structures shall be one story or fifteen (15) feet within one hundred (100) feet of the R1-10 District. 794
Agenda Item # 2.
A copy of the Los Altos Municipal Code Chapter 14.62 can be found here:
https://library.municode.com/ca/los_altos/codes/code_of_ordinances?nodeId=TIT14ZO_CH14.6 2PUPLUNDE_14.62.070HESTADSIMIDIPU
Draft Housing Element as Proposed
Program 1.F: Rezone Village Court parcel.
To facilitate housing, the Village Court parcel at 4546 El Camino Real (APN 16712042) will be rezoned from R1-10 to Commercial Thoroughfare (CT), and modifications made to the Planned Unit Development (62-PUD/C7), as necessary for consistency with the CT District. The City will consult with adjacent property owners and interested parties throughout the Village Court rezone program.
Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: December 2025
Summary of Program 1.F
Program 1.F was developed in tandem with Program 1.G (Rezone housing sites from previous Housing Elements). Under AB 1397, certain rezoning requiring apply if a lower income housing site identified in the sites inventory was identified as a housing site (for any income level) in a previous housing element’s site inventory. The identification of the Village Court site was previously identified in the 5th Cycle Housing Element (2015-2023) and was not successfully rezoned as previously indicated thus necessitating the inclusion of the site again in the 6th Cycle Housing Element (2023-2031). Additional requirements can be found in Program 1.G as follows:
Program 1.G: Rezone housing sites from previous Housing Elements.
Under AB 1397, certain rezoning requirements apply if a lower income housing site identified in the sites inventory (Appendix B) was identified as a housing site (for any income level) in a previous housing element’s site inventory. The following vacant and nonvacant lower income sites are subject to the rezoning requirements:
• Vacant lower income sites that have been included in at least two consecutive housing element sites inventories.
• Nonvacant lower income sites that have been included in a prior housing element sites inventory.
The City will make necessary zoning amendments to allow development by right pursuant to Government Code §65583.2(i) when 20 percent or more of the units are affordable to lower income households on sites identified in Table IV-1.
795
Agenda Item # 2.
Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: January 2024
Los Altos Zoning Map for Village Court
796
Agenda Item # 2.
*The Zoning Designation Legend provided above shows the R1-10 Zoning District, CT Zoning District, and Planned Unit Development (PUD) which is graphically displayed accurately on the zoomed in sections of the Zoning Map.
Public comment regarding the City of Los Altos Zoning map for Village Court asserts that map incorrectly identifies the placement of R1 and CT Zoning at the Parcel. The City has verified and provided zoomed in sections of the City’s adopted Zoning Map for reference. It is important to note that the Affidavit of Publication being reference is dated 10/4/1962, and with the vast improvements of technology the graphical depiction of the Zoning lines have been corrected over time. Additionally, the following links are provided for further transparency purposes, however the City confirms that these maps have been on the City’s website for several years:
Location of Page where Maps are available:
https://www.losaltosca.gov/development-services/page/adopted-plans City of Los Altos Zoning Map:
https://www.losaltosca.gov/sites/default/files/fileattachments/community_development/page/390 21/los_altos-zoning_final_w_labels-24x36-20181026.pdf
City of Los Altos Land Use Map (General Plan Designation):
https://www.losaltosca.gov/sites/default/files/fileattachments/community_development/page/390 21/los_altos-land_use_final_w_labels-24x36-20181026.pdf 797
Agenda Item # 2.
Conclusion
The Village Court parcel was identified and determined to be an underutilized site in the 2015- 2023 Housing Element adopted on May 26, 2015. Since the site was previously identified in a prior Housing Element the rezoning included in Program 1.F is applicable under AB 1397. The proposed Program 1.F is a Rezone of from R1-10 to Commercial Thoroughfare (CT), and any necessary modifications to 62-PUS/C7 for consistency with the CT District. Under existing zoning, and circumstances development other than what exists today onsite at Village Court would not be permitted. However, Program 1.F identifies the need to modify the existing zoning.
Lastly, as provided graphically above the City has verified the adopted Zoning Map for Village Court is accurate and reflects the zoning designations noted on the October 4, 1962 Affidavit of Publication referenced in public comment.
798
Agenda Item # 2.
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]
799
Agenda Item # 2.
From: Couture, Terri
To: Public Comment
Subject: Los Altos city council meeting Jan 10 agenda item 2 sixth cycle housing element Date: Sunday, January 8, 2023 8:14:32 AM
Dear City Council members and public
Many of us concur a need for affordable housing sites mandated by state mandates. The actual outreach to get residents was woefully inadequate. The majority of the residents have little knowledge of the future impact to their lives, as they must work, take care of their children and their homes. The stakeholders for more housing overwhelmingly defined the requirements and conversations.
Program 1H - while downtown affordable sites are desirable, the residents do not know the impact of less parking, losing their ownership of public lands, the costs for infrastructure, and to be financially impacted by this loss of ownership. Further the infrastructure of all utility delivery would impact the residents. There is little discussion of who will be responsible for all these costs.
Many of us have so many concerns NOT addressed, but the most concerning is the impact of this housing element to residential real estate values in our town. The impact to the City government will be less revenue from the tax payers. There are many studies showing impact in the larger communities.
Lastly, costs are greatly underestimated, as evidenced by the Community Center project final details.
Please make sure you have reached out to every resident, so they know what the future of Los Altos will be.
Thank you so much Terri Couture
*Wire Fraud is Real*. Before wiring any money, call the intended recipient at a number you know is valid to confirm the instructions. Additionally, please note that the sender does not have authority to bind a party to a real estate contract via written or verbal communication. 800
Agenda Item # 2.
From: Pat Marriot
To: Public Comment
Subject: PUBLIC COMMENT Item 2 January 10,2023
Date: Sunday, January 8, 2023 11:07:00 AM
Council Members:
Thanks to Development Services Director Nick Zornes and City Manager Gabe Engeland for reaching out to residents and meeting with local organizations to get input on the Housing Element Update and educate us on state requirements.
I know we are at the mercy of the state. I know there are serious penalties if we do not meet HCD requirements. But many – if not most – residents are still unaware of what the demands mean. While the state forces rezoning to allow 1,958 new housing units, the city will have to deal with impacts on traffic, parking, sewers, and other city services. What will be the costs? We know we’ll have to hire a housing manager to collect data to comply with the Fair Housing Act. What other hires will be needed over the coming years as we update the General Plan and re-write the zoning code? What new data systems will be needed? I don’t expect City Manager Engeland to have all the answers yet, but I hope we can keep residents informed about the process and schedule. The Housing Element website isn’t enough because few people are aware of it. We need more email updates, more visibility in the Town Crier, and – for major news – mailers to every household. In short, we need a media plan.
I trust Engeland and Zornes to get us through the challenges of the next three years. The more residents understand, the more supportive we can be.
Pat Marriott
801
Agenda Item # 2.
From: Steve Smith
To: Public Comment
Subject: Sixth Cycle Housing Element 2023-2031--suggested contingency Date: Monday, January 9, 2023 8:34:59 AM
Dear Los Altos City Council,
Orange County Council of GOvernments (OCCOG) is pursuing a lawsuit against the California HCD through the appellate courts.
The case references are as follows:
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, CENTRAL DISTRICT
ORANGE COUNTY COUNCIL OF GOVERNMENTS, a Joint Powers Agency, Petitioner,
v.
GUSTAVO VELASQUEZ, Interim Director of Department of Housing and Community.Development; CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; and DOES 1 through 50, inclusive
Respondents.
Case No. 21STCP01970
VERIFIED PETITION FOR WRIT OF MANDATE
The Los Altos Final Draft Dec 2022 6th Cycle Housing Element is predicated upon the Petitioner failing in its appeal. Seems to me that language in your adoption of this final draft ought to include phrases that would negate, at a minimum, the following sections of the 6th Cycle Housing Element should Petitioner succeed in this or any other appeal. 1) Properties identified on Figures B-3 and B-4 (pages B23-24, electronic pages 209-210), including APNs and addresses listed in Table B10 (pages B26-27, electronic pages 212-213) that are within the boundaries of the maps shown on the aforesaid figures.
2) Allowing an additional story and 10' of building height to Commercial Neighborhood zones as outlined in Program 3.b (pages 29-30, electronic pages 30-31) 3) Any increases in densities for Commercial Neighborhoods listed in Table C.1 (page C5, electronic page 223)
a) NOTE: Table B4 lists no maximum density for CN while Table C.1 does. 4) Any decreases in parking for Commercial Neighborhoods listed in Table C-5 (page C15, electronic page 233)
5) Any decrease in setbacks for Commercial Neighborhoods listed in Table C-3 (page C11, electronic page 229)
Thank you for your consideration of this twek.
Stephen J Smith
802
Agenda Item # 2.
January 9, 2023
Re: Agenda Item # 2 – Sixth Cycle Housing Element 2023-2031 Dear Mayor Meadows and Members of the Los Altos City Council:
As we have written earlier, the LWV supports a comprehensive plan to address housing that follows State law, and we commend the Staff and LWC for recommending changes to the Draft Housing Element (HE) that hopefully will lead to having a compliant HE. The LWV also supports policies and programs to provide a decent home for every American and Californian, including subsidies at all government levels to produce this housing.
As we wrote to the Planning Commission our greatest concern is with the proposed revisions to Program 1.H. We are pleased that the timeline for implementing a program to encourage housing on City-owned Parking Plazas 7 and/or 8 has been expedited. Nonetheless, the program as described in the current HE does not prioritize the development of affordable housing on these sites, which we believe is important.
Because Los Altos has no affordable housing funds, unlike neighboring cities, the main contribution our City can make to incentivize affordable housing is to make the land free, or nearly free, for a term of 55 years or more, long enough to make a tax credit project feasible, as this is the main financing mechanism for most current affordable housing. The offer of a zero-cost land lease for 20 years to a market-rate developer providing 20% of the units to lower-income households does not incentivize more affordable housing than baseline inclusionary zoning requirements. Our below-market-rate (BMR) ordinance already requires a market-rate developer to provide 20% of the units as BMRs if they are rentals, (or 15% very low-income) so there is no added benefit to the City in this scenario. Public land should be used for the maximum public benefit, and, at this moment, the public benefit needed is affordable housing.
We agree that the City should waive development impact fees for an all-affordable project, as it did with 330 Distel Circle, but it’s not clear why the City should waive applicable permit fees for a market-rate development on the Parking Plazas that includes the number of BMRs required by our ordinance already. We also do not think the City should be prioritizing housing for seniors, persons with disabilities and veterans without knowing what the needs are for various housing types or what type of financing for various targeted groups is available.
We suggest rewriting the following 2 programs, the first to prioritize affordable housing for a Downtown Parking Plaza, and the second to commit to waiving development impact fees for 100% affordable developments.
Program 1.H: Facilitate housing on City-owned sites.
The City will facilitate development of housing on City-owned sites through public-private partnerships during the planning period. City-owned Downtown Parking Plazas 7 and 8 were identified as opportunity sites that could accommodate new development, including affordable housing. The first RFP issued by the City for housing on either Parking Plaza 7 or 8 will be for affordable housing and the City will commit to selecting the development proposal that maximizes public benefit. Prior to the RFP issuance, 803
Agenda Item # 2.
the City shall hire a third-party to analyze what the minimum financially feasible affordable housing production could be, based upon a minimum of 20 years of a zero-cost land lease and a commitment to provide a minimum 55-year lease. In the event the development is 100% affordable, the City will waive all applicable development impact fees per Program 2.C. The City will comply with all Surplus Land Act requirements. The City will provide a dedicated project planner to facilitate an expedited project review process.
Program 2.C: Assist in securing funding for affordable housing projects. ● Provide financial incentives including waiving City fees for 100 percent affordable housing projects.
We support the development of various types of housing on the Downtown Parking Plazas. After the first RFP has been issued and after the parking study has been completed, it might be appropriate to issue an RFP for a market-rate housing development that would be better able to provide funds for replacement parking. Again, a third-party financial analysis should precede such an RFP.
We are pleased to see that the revised HE proposes amending SB 9 and ADU ordinances ASAP to be compliant with State law. And we support earlier timelines for many programs, as HCD suggested. We commend the specific height increases for the CT and mixed-use zones. We support zoning changes for the OA District, although we prefer consistency, rather than the spot zoning recommended. However, Staff explained at the Planning Commission meeting that when the rezoning of the OA District occurs, other sites can be rezoned.
We commend the simplification of the permitting process but would prefer to see some type of metrics/measurement built into the program to monitor how much the process is actually streamlined, instead of the proposed language in
3.H, “the time...will be shortened….”
Finally, we acknowledge that the revised HE attempts to satisfy the requirements of Affirmatively Furthering Fair Housing, particularly in the future by hiring a Housing Manager, but we believe the City has not really met the intent of this new statutory requirement (to “overcome patterns of segregation” already extant in our City), just as many cities have not. Building an all-affordable housing development for low-income households on a Parking Plaza in the center of our downtown would be a great step forward in Affirmatively Furthering Fair Housing. (Please send any questions about this email to Sue Russell at [email protected]) Thank you for your consideration,
Karin Bricker, President LWV of Los Altos/Mountain View Area Cc: Gabe Engeland Nick Zornes Angel Rodriguez [email protected] [email protected]
804
Agenda Item # 2.
From: Steve Smith
To: Public Comment
Subject: Sixth Cycle Housing Element 2023-2031--suggested contingency Date: Monday, January 9, 2023 8:34:59 AM
Dear Los Altos City Council,
Orange County Council of GOvernments (OCCOG) is pursuing a lawsuit against the California HCD through the appellate courts.
The case references are as follows:
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, CENTRAL DISTRICT
ORANGE COUNTY COUNCIL OF GOVERNMENTS, a Joint Powers Agency, Petitioner,
v.
GUSTAVO VELASQUEZ, Interim Director of Department of Housing and Community.Development; CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; and DOES 1 through 50, inclusive
Respondents.
Case No. 21STCP01970
VERIFIED PETITION FOR WRIT OF MANDATE
The Los Altos Final Draft Dec 2022 6th Cycle Housing Element is predicated upon the Petitioner failing in its appeal. Seems to me that language in your adoption of this final draft ought to include phrases that would negate, at a minimum, the following sections of the 6th Cycle Housing Element should Petitioner succeed in this or any other appeal. 1) Properties identified on Figures B-3 and B-4 (pages B23-24, electronic pages 209-210), including APNs and addresses listed in Table B10 (pages B26-27, electronic pages 212-213) that are within the boundaries of the maps shown on the aforesaid figures.
2) Allowing an additional story and 10' of building height to Commercial Neighborhood zones as outlined in Program 3.b (pages 29-30, electronic pages 30-31) 3) Any increases in densities for Commercial Neighborhoods listed in Table C.1 (page C5, electronic page 223)
a) NOTE: Table B4 lists no maximum density for CN while Table C.1 does. 4) Any decreases in parking for Commercial Neighborhoods listed in Table C-5 (page C15, electronic page 233)
5) Any decrease in setbacks for Commercial Neighborhoods listed in Table C-3 (page C11, electronic page 229)
Thank you for your consideration of this twek.
Stephen J Smith
805
Agenda Item # 2.
From: Steve Smith
To: Public Comment
Subject: Sixth Cycle Housing Element 2023-2031--suggested contingency Date: Monday, January 9, 2023 8:34:59 AM
Dear Los Altos City Council,
Orange County Council of GOvernments (OCCOG) is pursuing a lawsuit against the California HCD through the appellate courts.
The case references are as follows:
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, CENTRAL DISTRICT
ORANGE COUNTY COUNCIL OF GOVERNMENTS, a Joint Powers Agency, Petitioner,
v.
GUSTAVO VELASQUEZ, Interim Director of Department of Housing and Community.Development; CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; and DOES 1 through 50, inclusive
Respondents.
Case No. 21STCP01970
VERIFIED PETITION FOR WRIT OF MANDATE
The Los Altos Final Draft Dec 2022 6th Cycle Housing Element is predicated upon the Petitioner failing in its appeal. Seems to me that language in your adoption of this final draft ought to include phrases that would negate, at a minimum, the following sections of the 6th Cycle Housing Element should Petitioner succeed in this or any other appeal. 1) Properties identified on Figures B-3 and B-4 (pages B23-24, electronic pages 209-210), including APNs and addresses listed in Table B10 (pages B26-27, electronic pages 212-213) that are within the boundaries of the maps shown on the aforesaid figures.
2) Allowing an additional story and 10' of building height to Commercial Neighborhood zones as outlined in Program 3.b (pages 29-30, electronic pages 30-31) 3) Any increases in densities for Commercial Neighborhoods listed in Table C.1 (page C5, electronic page 223)
a) NOTE: Table B4 lists no maximum density for CN while Table C.1 does. 4) Any decreases in parking for Commercial Neighborhoods listed in Table C-5 (page C15, electronic page 233)
5) Any decrease in setbacks for Commercial Neighborhoods listed in Table C-3 (page C11, electronic page 229)
Thank you for your consideration of this twek.
Stephen J Smith
806
Agenda Item # 2.
January 9, 2023
Re: Agenda Item # 2 – Sixth Cycle Housing Element 2023-2031 Dear Mayor Meadows and Members of the Los Altos City Council:
As we have written earlier, the LWV supports a comprehensive plan to address housing that follows State law, and we commend the Staff and LWC for recommending changes to the Draft Housing Element (HE) that hopefully will lead to having a compliant HE. The LWV also supports policies and programs to provide a decent home for every American and Californian, including subsidies at all government levels to produce this housing.
As we wrote to the Planning Commission our greatest concern is with the proposed revisions to Program 1.H. We are pleased that the timeline for implementing a program to encourage housing on City-owned Parking Plazas 7 and/or 8 has been expedited. Nonetheless, the program as described in the current HE does not prioritize the development of affordable housing on these sites, which we believe is important.
Because Los Altos has no affordable housing funds, unlike neighboring cities, the main contribution our City can make to incentivize affordable housing is to make the land free, or nearly free, for a term of 55 years or more, long enough to make a tax credit project feasible, as this is the main financing mechanism for most current affordable housing. The offer of a zero-cost land lease for 20 years to a market-rate developer providing 20% of the units to lower-income households does not incentivize more affordable housing than baseline inclusionary zoning requirements. Our below-market-rate (BMR) ordinance already requires a market-rate developer to provide 20% of the units as BMRs if they are rentals, (or 15% very low-income) so there is no added benefit to the City in this scenario. Public land should be used for the maximum public benefit, and, at this moment, the public benefit needed is affordable housing.
We agree that the City should waive development impact fees for an all-affordable project, as it did with 330 Distel Circle, but it’s not clear why the City should waive applicable permit fees for a market-rate development on the Parking Plazas that includes the number of BMRs required by our ordinance already. We also do not think the City should be prioritizing housing for seniors, persons with disabilities and veterans without knowing what the needs are for various housing types or what type of financing for various targeted groups is available.
We suggest rewriting the following 2 programs, the first to prioritize affordable housing for a Downtown Parking Plaza, and the second to commit to waiving development impact fees for 100% affordable developments.
Program 1.H: Facilitate housing on City-owned sites.
The City will facilitate development of housing on City-owned sites through public-private partnerships during the planning period. City-owned Downtown Parking Plazas 7 and 8 were identified as opportunity sites that could accommodate new development, including affordable housing. The first RFP issued by the City for housing on either Parking Plaza 7 or 8 will be for affordable housing and the City will commit to selecting the development proposal that maximizes public benefit. Prior to the RFP issuance, 807
Agenda Item # 2.
the City shall hire a third-party to analyze what the minimum financially feasible affordable housing production could be, based upon a minimum of 20 years of a zero-cost land lease and a commitment to provide a minimum 55-year lease. In the event the development is 100% affordable, the City will waive all applicable development impact fees per Program 2.C. The City will comply with all Surplus Land Act requirements. The City will provide a dedicated project planner to facilitate an expedited project review process.
Program 2.C: Assist in securing funding for affordable housing projects. ● Provide financial incentives including waiving City fees for 100 percent affordable housing projects.
We support the development of various types of housing on the Downtown Parking Plazas. After the first RFP has been issued and after the parking study has been completed, it might be appropriate to issue an RFP for a market-rate housing development that would be better able to provide funds for replacement parking. Again, a third-party financial analysis should precede such an RFP.
We are pleased to see that the revised HE proposes amending SB 9 and ADU ordinances ASAP to be compliant with State law. And we support earlier timelines for many programs, as HCD suggested. We commend the specific height increases for the CT and mixed-use zones. We support zoning changes for the OA District, although we prefer consistency, rather than the spot zoning recommended. However, Staff explained at the Planning Commission meeting that when the rezoning of the OA District occurs, other sites can be rezoned.
We commend the simplification of the permitting process but would prefer to see some type of metrics/measurement built into the program to monitor how much the process is actually streamlined, instead of the proposed language in
3.H, “the time...will be shortened….”
Finally, we acknowledge that the revised HE attempts to satisfy the requirements of Affirmatively Furthering Fair Housing, particularly in the future by hiring a Housing Manager, but we believe the City has not really met the intent of this new statutory requirement (to “overcome patterns of segregation” already extant in our City), just as many cities have not. Building an all-affordable housing development for low-income households on a Parking Plaza in the center of our downtown would be a great step forward in Affirmatively Furthering Fair Housing. (Please send any questions about this email to Sue Russell at [email protected]) Thank you for your consideration,
Karin Bricker, President LWV of Los Altos/Mountain View Area Cc: Gabe Engeland Nick Zornes Angel Rodriguez [email protected] [email protected]
808
Agenda Item # 2.
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]
809
Agenda Item # 2.
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]
810
Agenda Item # 2.
January 9, 2023
Re: Agenda Item # 2 – Sixth Cycle Housing Element 2023-2031 Dear Mayor Meadows and Members of the Los Altos City Council:
As we have written earlier, the LWV supports a comprehensive plan to address housing that follows State law, and we commend the Staff and LWC for recommending changes to the Draft Housing Element (HE) that hopefully will lead to having a compliant HE. The LWV also supports policies and programs to provide a decent home for every American and Californian, including subsidies at all government levels to produce this housing.
As we wrote to the Planning Commission our greatest concern is with the proposed revisions to Program 1.H. We are pleased that the timeline for implementing a program to encourage housing on City-owned Parking Plazas 7 and/or 8 has been expedited. Nonetheless, the program as described in the current HE does not prioritize the development of affordable housing on these sites, which we believe is important.
Because Los Altos has no affordable housing funds, unlike neighboring cities, the main contribution our City can make to incentivize affordable housing is to make the land free, or nearly free, for a term of 55 years or more, long enough to make a tax credit project feasible, as this is the main financing mechanism for most current affordable housing. The offer of a zero-cost land lease for 20 years to a market-rate developer providing 20% of the units to lower-income households does not incentivize more affordable housing than baseline inclusionary zoning requirements. Our below-market-rate (BMR) ordinance already requires a market-rate developer to provide 20% of the units as BMRs if they are rentals, (or 15% very low-income) so there is no added benefit to the City in this scenario. Public land should be used for the maximum public benefit, and, at this moment, the public benefit needed is affordable housing.
We agree that the City should waive development impact fees for an all-affordable project, as it did with 330 Distel Circle, but it’s not clear why the City should waive applicable permit fees for a market-rate development on the Parking Plazas that includes the number of BMRs required by our ordinance already. We also do not think the City should be prioritizing housing for seniors, persons with disabilities and veterans without knowing what the needs are for various housing types or what type of financing for various targeted groups is available.
We suggest rewriting the following 2 programs, the first to prioritize affordable housing for a Downtown Parking Plaza, and the second to commit to waiving development impact fees for 100% affordable developments.
Program 1.H: Facilitate housing on City-owned sites.
The City will facilitate development of housing on City-owned sites through public-private partnerships during the planning period. City-owned Downtown Parking Plazas 7 and 8 were identified as opportunity sites that could accommodate new development, including affordable housing. The first RFP issued by the City for housing on either Parking Plaza 7 or 8 will be for affordable housing and the City will commit to selecting the development proposal that maximizes public benefit. Prior to the RFP issuance, 811
Agenda Item # 2.
the City shall hire a third-party to analyze what the minimum financially feasible affordable housing production could be, based upon a minimum of 20 years of a zero-cost land lease and a commitment to provide a minimum 55-year lease. In the event the development is 100% affordable, the City will waive all applicable development impact fees per Program 2.C. The City will comply with all Surplus Land Act requirements. The City will provide a dedicated project planner to facilitate an expedited project review process.
Program 2.C: Assist in securing funding for affordable housing projects. ● Provide financial incentives including waiving City fees for 100 percent affordable housing projects.
We support the development of various types of housing on the Downtown Parking Plazas. After the first RFP has been issued and after the parking study has been completed, it might be appropriate to issue an RFP for a market-rate housing development that would be better able to provide funds for replacement parking. Again, a third-party financial analysis should precede such an RFP.
We are pleased to see that the revised HE proposes amending SB 9 and ADU ordinances ASAP to be compliant with State law. And we support earlier timelines for many programs, as HCD suggested. We commend the specific height increases for the CT and mixed-use zones. We support zoning changes for the OA District, although we prefer consistency, rather than the spot zoning recommended. However, Staff explained at the Planning Commission meeting that when the rezoning of the OA District occurs, other sites can be rezoned.
We commend the simplification of the permitting process but would prefer to see some type of metrics/measurement built into the program to monitor how much the process is actually streamlined, instead of the proposed language in
3.H, “the time...will be shortened….”
Finally, we acknowledge that the revised HE attempts to satisfy the requirements of Affirmatively Furthering Fair Housing, particularly in the future by hiring a Housing Manager, but we believe the City has not really met the intent of this new statutory requirement (to “overcome patterns of segregation” already extant in our City), just as many cities have not. Building an all-affordable housing development for low-income households on a Parking Plaza in the center of our downtown would be a great step forward in Affirmatively Furthering Fair Housing. (Please send any questions about this email to Sue Russell at Thank you for your consideration,
Karin Bricker, President LWV of Los Altos/Mountain View Area Cc: Gabe Engeland Nick Zornes Angel Rodriguez
[email protected]
812
Agenda Item # 2.
From: Payal B
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM 2 - 10/1
Date: Monday, January 9, 2023 4:29:02 PM
While we do support affordable housing, we think creating more housing on Altos Oaks would not be a good idea for various reasons.
-It will be unsafe for children to access Mckenzie park access as the road will be a lot busier due to increased housing.
-Each office is proposed to be zoned for 6-7 units, which would mean it could be a 2-3 story.
This is towering directly over the playground of the Loyola Elementary school, which is not ideal for little children's privacy. We have all limited ourselves to a single story to preserve the integrity and privacy of our neighborhood.
-Our children use the medical offices for pediatric and dental needs. Zoning it for multi family residential would motivate them to sell, making it very hard for us to access these facilities. -PB
813
Agenda Item # 2.
From: John Meaney
To: Public Comment
Subject: Public comment re: Draft Housing Element plan
Date: Monday, January 9, 2023 5:07:25 PM
I would like to strongly recommend against rezoning the Rancho Shopping Center for housing to meet the draft Housing Element plan. There would be significant negative impacts to our community of this rezoning effort and other more attractive options exist.
I am a 28-year resident of Los Altos and have raised two children in the neighborhoods here.
We love the community feel of our Loyola Corners / central Los Altos neighborhood and Rancho Shopping Center is the primary social gathering center here where people walk their dogs, meet at Starbucks for coffee, children stop for ice cream and snacks on their way home from Loyola school, and everyone stops at Andronicos on the way home for grocery shopping.
Rancho is a place where we run into our neighbors and friends, and a place of community connection. Increasing housing density at that busy intersection would be a game-changer for our neighborhood in a negative sense and would destroy the village feel of Rancho.
Already, the intersection at the main entrance to Rancho Shopping Center is busy and sometimes dangerous with 2 lanes from Magdalena collapsing to a single lane at Springer at the traffic light where all the kids are trying to cross on their way to and from Loyola school.
Anyone who lives in this neighborhood has experienced near-collisions many times as people try to beat the light from Fremont Ave to get onto Foothill Expressway at the same time shoppers are exiting from Rancho shopping center. I can hardly imagine how this all changes for the better when you increase density and multi-use of this shopping center.
I’m sure there is no shortage of developers that would love to re-develop the Rancho site, but what is in the best interest of our local residents that live and go to school here? What about alternative sites? How about the shopping center where Lucky market is located at Grant Rd and the intersection of Arboretum? Lucky market is on a underutilized site that gets much less traffic and is adjacent to other retail/ commercial zoning on both sides that could also be put to better and higher use. In fact, the Goodwill donation truck that sits in the corner of the parking lot is a sign that this site could use some re-imagining as a more central South Los Altos meeting place. It is on a public bus line and nearby both 280 and Hwy 85, is not nearby a school, has very little foot traffic, and has fewer direct residential neighbors. It’s walking distance to many services at the Foothill Plaza and could easily absorb a higher density housing element without negatively impacting neighbors and traffic patterns.
Loyola Corners has already been negatively impacted by expansions of the post office and water company that have turned it into one large parking lot for mail delivery and repair trucks. A long-running multi-use development project that seems to have been abandoned for more than 5 years have turned it into an eye sore. My neighbors and I feel that the City of Los Altos has done a poor job in planning and development of this important part of our neighborhood and it is no longer representative of the characteristic charm and attractiveness of Los Altos.
Rancho is the only pedestrian accessible shopping and gathering spot in central Los Altos and it retains the village character that we all appreciate about Los Altos. We strongly stand against rezoning Rancho.
814
Agenda Item # 2.
Respectfully,
John Meaney
815
Agenda Item # 2.
From: Anne Paulson
To: City Council; Public Comment
Cc: [email protected]; Nick Zornes
Subject: PUBLIC COMMENT AGENDA ITEM 2 - January 10, 2023 Date: Monday, January 9, 2023 8:06:55 PM
January 9, 2023
Dear Mayor Meadows and City Council Members,
The Los Altos Affordable Housing Alliance supports housing for all ages and all life stages in our community. We applaud City staff for their prompt turnaround of the new draft Housing Element. We appreciate that staff and our consultant have attempted to address HCD’s comments. A couple of issues still need to be dealt with.
Program 1.H, Housing on the parking plazas
We support the League of Women Voters’ position on Program 1.H. We urge the City to make every effort to build 100% affordable housing on Parking Plaza 7 or 8.
Policy 3.3, Expediting the Approval Process
We applaud the policy of expediting approvals. We would like to see the City adopt specific metrics and goals, and a timeline for measurement. For example, the city could commit to Being in compliance with AB 2221, which requires the City to issue a permit for an ADU within 60 days of receiving the completed application, or supplying a complete list of the reasons for denying it.
Reducing the median time from application to granting of permit by 25% for single family homes.
Reducing the median time from application to granting of permit by 25% for multifamily projects.
Committing to a mid-cycle review of these goals. If the goals are not met, committing to removing further constraints or hiring more staff as necessary to achieve them. 816
Agenda Item # 2.
Program 1.C, the OA District
The initial draft released to the public and reviewed by the City Council called for rezoning all of the OA District. Somehow, the first draft sent to HCD changed that, so that only the sites listed in the Site Inventory would be up-zoned. We believe that spot zoning is a poor planning strategy, introducing complexity at a time when the City is required to decrease constraints on development. We urge the City to return to the initial plan of up-zoning all of OA. We note that AB 2011 will be up-zoning the commercial sites abutting San Antonio anyway.
Thank you for your consideration.
The Los Altos Affordable Housing Alliance Steering Committee 817
Agenda Item # 2.
From: Anirban Ray
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM 2 - 10/1
Date: Monday, January 9, 2023 10:32:37 PM
I oppose building additional housing in Altos Oaks road (OA district) -It creates more traffic and is unsafe for children coming back from school. -Each APN is proposed to be zoned for 6-7 units causing disruption to neighborhood privacy -It will make Mckenzie park access unsafe
-AR
818
Agenda Item # 2.
From: Talvinder Dogra
To: Public Comment
Subject: Public Comment Agenda Item 2 - 1/10
Date: Tuesday, January 10, 2023 4:26:56 PM
Hello!
I am a resident on Clinton Road, Los Altos.
It has come to my knowledge that all of the doctor's offices are going away and will be replaced by commercial buildings.
We have loved here for 6+ years and are in pove with the community here. This is a very quiet neighborhood.
It is very safe for our kids too. Altos Oaks is not as busy despite the doctor offices. The kids can bike/walk/play without much concern.
The rezoning will disrupt all of it. There will be so much traffic on Altos Oaks that the kids may not feel as safe as now.
I request the concerned people to stop and rethink about the rezoning project.
We don't need it here.
It has been a safe and quiet neighborhood so far and we would love for it to be so please! Thank you!
Talbinder
Clinton Road Resident
(typed on a 3×6 inch device!)
819
Agenda Item # 2.
Date 2022_01_09
To: Mayor Meadows and the Los Altos City Council, Gabe Engeland, Nick Zornes, Angel Rodriguez From: Jeanine Valadez
Subject: Public Comment Agenda Item #2 CC Mtg 2023_01_10 Re: Housing Element AFFH:
I stand firmly aligned with both the League of Women Voters of Los Altos and Mountain View (LWV) and the Los Altos Affordable Housing Alliance (LAAHA) in their public comments offered for this agenda item. My particular interest and contribution to those letters focused on Affirmatively Furthering Fair Housing (AFFH).
To that end, I wish to ask even more of the City Council and Staff as they address the current draft’s shortcomings in AFFH. As I have maintained since the beginning of this process, it is difficult for me to accept the continuation of the historical legacy of both income- and racial segregation that continues in Los Altos, where I have made my home since 1989. The current Housing Element, while doing a fantastic job enabling increased housing supply in the next 8 years, does little to reckon with our tainted legacy.
The simple fact that over 90% of our city is comprised of R1 zoned housing surrounded by a current and to-be-continued outer ring of denser and lower-cost housing amplifies this blemish in resounding fashion.
I echo LWV’s and LAAHA’s suggestion to commit at least one Downtown Parking Plaza to an allaffordable development, built on land given or leased for free to a qualified developer and manager.
Yet, this is but a relatively small first step. I believe we must address the segregation inherent in our R1 zone(s). I suggest (again) any of the following:
1) incentivize SB9 splits (reduced fees and/or maximally streamlined process), 2) reduce R1-10 from 10k sq ft to 7k sq ft (“R1-07”)
3) eliminate R1-20 and R1-40 altogether (they all become R1-07), 4) up-zone areas with R1-10, -20, and -40 lots currently >14k sq ft to a new “R3-C” (for "court/plex") that allows the option of 4 court-based cottages or 1 two-story four-plex on the first 15k sq ft and again for each additional 1/2 acre of sq footage, 5) eliminate single-story overlays to enable ADUs upstairs, 6) incentivize BMR ADUs: if owner rents at low-income for 5 years or very low income for 3 years, they pay no fees at all to build the ADU (or whatever rental periods where the math works) 7) develop a program with the county to provide an ongoing property tax break to owners who convert or build an ADU as a deed-restricted permanent BMR rental unit I am neither a developer, nor a housing expert, so I recognize that I have not “penciled out” all the details inherent in my suggestions. Yet, as a large-lot homeowner myself, whose home sits on a parcel resulting from a decades-ago subdivided ranchita, I consider the above ideas as options that I would welcome in lots neighboring mine.
Thank you for your time in reading this,
Jeanine Valadez
Disclosure: I am a Parks and Rec Commissioner, but am submitting this as a member of the Public. 820
Agenda Item # 2.
AGENDA REPORT SUMMARY
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: January 10, 2023
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:
December 13, 2022
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.
Environmental Review:
Not applicable
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?
821
Agenda Item # 3.
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) January 10, 2023 Page 2
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 to feasibly 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.
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 822
Agenda Item # 3.
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) January 10, 2023 Page 3
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.
4. Optional IT upgrades to enable redundant cooling for the server room and redundant internet service provider (ISP) service.
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 and HVAC systems do not meet the standards of an EOC and require upgrades to meet the 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 architecturally appropriate enclosure to dampen sound, underground work to tie the generator into the existing generator port adjacent to the building’s 823
Agenda Item # 3.
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) January 10, 2023 Page 4
south entrance, and an auto-transfer switch and other electrical upgrades to make the generator EOC-compliant.
Like emergency power, the existing HVAC system is not designed with the EOC function in mind.
Support spaces that house critical infrastructure, such as the network servers and communication systems, should be upgraded to include redundant cooling systems; ventilation equipment serving EOC spaces should be upgraded with more robust filters (i.e., rated for wildfire smoke filtration) and connected to the emergency power system.
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. Note: if an emergency occurs that makes the Los Altos Police Station unsafe to work in, at the flip of a switch, Police Radio Dispatch can operate through the Palo Alto or Mountain View police stations.
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 $2.4M for the construction of the EOC, which was added to a previously budgeted amount of $600,000, bringing the budgeted cost for the EOC to $3M. In addition to the $3M, there were known but 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 824
Agenda Item # 3.
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) January 10, 2023 Page 5
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 8, 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 proposed herein to carry out a complete EOC design and construction documents for the EOC, along with construction administration support. The Scope of Work and a breakdown of the $250,690 cost proposal is shown in Attachment A.
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. 825
Agenda Item # 3.
826
Agenda Item # 3.
Resolution No. 2023-xx Page 1
RESOLUTION NO. 2023-__
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 8, 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.
827
Agenda Item # 3.
Resolution No. 2023-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 10th day of January 2023 by the following vote:
AYES: Council Members Fligor, Dailey, Lee Eng, Vice Mayor Weinberg, Mayor Meadows
NOES: None
ABSENT: None
ABSTAIN: None
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Angel Rodriguez, Interim City Clerk
828
Agenda Item # 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]
829
Agenda Item # 3.
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
830
Agenda Item # 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]
831
Agenda Item # 3.
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
832
Agenda Item # 3.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JD
AGENDA REPORT SUMMARY
Meeting Date: January 10, 2023
Subject Emergency Declaration Resolution
Prepared by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Resolution No. 2023-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; December 13, 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 833
Agenda Item # 4.
Subject: Emergency Declaration Resolution
January 10, 2023 Page 2
Staff Recommendation:
Adopt a Resolution extending the declaration of a local emergency due to the COVID-19 pandemic and provide direction on the conduct of Commission meetings 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.
At the November 15, 2022 City Council meeting, Council requested a briefing of the new State laws affecting public meetings.
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. Local agencies may meet virtually without complying with certain elements of the Brown Act provided that a state of emergency exists.
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. 834
Agenda Item # 4.
Subject: Emergency Declaration Resolution
January 10, 2023 Page 3
On September 13, 2022, Governor Newsom signed into law AB 2449, which provides amendments to the Brown Act related to teleconferences. This law allows a local agency to use teleconferencing without complying with certain requirements of the Brown Act, provided that certain circumstances are met. AB 2449 is in effect until January 1, 2026. The following is staff’s interpretation of the changes to the Brown Act.
Pre-AB 2449
Prior to the start of the COVID-19 pandemic, members of the City Council were permitted to participate in meetings via teleconference as part of the Brown Act. There were a number of requirements related to teleconferencing, including the following:
All teleconference locations must included on the agenda; an agenda must be posted at each teleconference site according to required time frames (at least 72 hours in advance of regular meetings and at least 24 hours in advance of special meetings); teleconference locations must be open to the public and the public allowed to participate at all teleconference locations
A quorum of members must be present at locations within the jurisdiction All votes must be done by roll call
During the COVID-19 pandemic, Governor Newsom initially suspended certain elements of the Brown Act including those which required the City to provide notice of all teleconference locations and to allow members of the public to participate at any teleconference location. This suspension was then codified as part of AB 361. AB 361 is effective until January 1, 2024, however it requires a proclaimed state of emergency to be in effect.
AB 2449
AB 2449 further defines the use of teleconferencing by cities. Staff interprets AB 2449 to have three phases.
Phase 1
The first phase of AB 2449 is in effect until January 1, 2024. Under these requirements, teleconferencing is permitted. Should a member of the legislative body participate by teleconferencing, the following requirements must be met:
All teleconference locations must included on the agenda; an agenda must be posted at each teleconference site according to required time frames (at least 72 hours in advance of regular meetings and at least 24 hours in advance of special meetings); teleconference locations must be open to the public and the public allowed to participate at all teleconference locations
835
Agenda Item # 4.
Subject: Emergency Declaration Resolution
January 10, 2023 Page 4
A quorum of members must be present at locations within the jurisdiction All votes must be done by roll call
An agency may allow teleconferencing without complying with these requirements if one of the following circumstances are met:
A meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing (this is how the City is currently complying with State law regarding not complying with teleconferencing requirements. The State has issued orders recommending social distancing) A meeting is held during a proclaimed state of emergency for the purpose of determining whether meeting in person would present imminent risks to the health or safety of attendees All meetings held following a meeting described in the above bullet If the City is meeting under one of the above circumstances without complying with the Brown Act related to teleconferencing, the City council must do the following:
Provide notice of how members of the public may access the meeting and offer public comment during the meeting
Adopt a resolution every 30 days declaring the emergency and stating the needs for the holding of virtual meetings (this is what the City currently does) A member of the City Council may teleconference without a proclaimed state of emergency and the City does not have to comply with certain requirements of the Brown Act if:
At least a quorum participates in person from a singular physical location identified on the agenda which is open to the public
A virtual option must be provided for members of the public to participate and offer public comments
All of the following are met for members of the Council participating via teleconference:
o One of the following circumstances is met:
A member notifies the City Council as soon as possible (which could be at the start of a regular meeting) of their need to participate remotely for just cause
1. “Just cause” means a childcare or caregiving need, a contagious illness, a need related to physical or mental disability, travel while on official business of the legislative body
836
Agenda Item # 4.
Subject: Emergency Declaration Resolution
January 10, 2023 Page 5
2. May not participate using this clause no more than twice per calendar year
The City Council approves a request from a Council member to participate via teleconference due to an emergency circumstance o Before any action is taken, a Council member participating via teleconference discloses whether any individual 18 years of age or older are present in the room at the remote location and the general relationship of any such individual o A Council member participating via teleconference must participate through both audio and visual technology (i.e. video must be on during the meeting) A Council member may not participate in meetings of the City Council solely by teleconference from a remote location for more than three consecutive months or 20 percent of the regular meetings of the Council in a calendar year. Generally, the City Council holds 20 or 21 regular meetings each year. Given this, a Council member could participate remotely no more than four times per year.
Phase 2
After January 1, 2024 until January 1, 2026, all provisions of Phase 1 continue except the section allowing for teleconferencing during a proclaimed state of emergency is removed.
Phase 3
After January 1, 2026, the provisions allowing for exceptions to teleconferencing rules are removed. The City would be required to comply with all requirements of the Brown Act related to teleconferencing.
Commission meetings
AB 2449 also applies to Commission meetings. Currently, all commissions are meeting virtually.
Staff requests Council provide direction on whether commission meetings should return to in person upon expiration of the emergency declaration or if the Council wishes to provide other direction.
Recommendation
The staff recommends Council adopt the resolution extending the declaration of emergency due to the COVID-19 pandemic.
837
Agenda Item # 4.
Resolution No. 2023-XX Page 1
ATTACHMENT 1
RESOLUTION NO. 2023-___
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 January 2023, 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 January 2023, approximately 87.9 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 838
Agenda Item # 4.
Resolution No. 2023-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. 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 ____, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Angel Rodriguez, INTERIM CITY CLERK
839
Agenda Item # 4.
Reviewed By:
City Manager City Attorney
GE
Finance Director
JH JF
AGENDA REPORT SUMMARY
Meeting Date: January 10, 2023
Subject Affirm 2023 Council Commission and Committee Assignments: Pursuant to City Council Norms and Procedures, 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
2. Councilmembers Assignment Preferences
3. City Council Norms and Procedures
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
840
Agenda Item # 5.
Subject: Affirm 2023 Council Commission and Committee Assignments: Pursuant to City Council Norms and Procedures, Affirm 2023 Council Commission and Committee Assignments
1/10/23 Page 2
Staff Recommendation:
Pursuant to City Council Norms and Procedures, affirm the Mayor’s appointments to local, regional boards and Council committees and commissions for 2023.
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
Pursuant to City Council Norms and Procedures, affirm the Mayor’s appointments to local, regional boards and Council committees and commissions for 2023. 841
Agenda Item # 5.
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)
842
Agenda Item # 5.
2023 City Council Assignments Preferences
Preferences Identified by each Councilmember: High, Medium, Low *Designated Filer for Form 700
currently assigned to committee
Council Standing Committees
Council Legislative Subcommittee 2 0 M M M
City/LASD Schools Issues 2 0 H L M L
City/MVLA High School Issues 2 0 H L M M
City/CUSD/FUSD Schools Issues 2 0 L H H M
Open Government 2 0 L H M M
Youth Commission Interview 2 0 L H H H
Community Organizations
CHAC 1 0 H L L L
Los Altos/Los Altos Hills Joint Community
Volunteer Awards Committee
1 0 M M L L
County and Regional Organizations
*Association of Bay Area Governments 1 1 H H M H
Santa Clara County Cities Association – Board
(Mayor is primary)
1 1 H L L H
Santa Clara County Cities Association –
Legislative Action Committee
1 1 L L L M
Santa Clara County Cities Association – Selection
Committee
1 1 H L M L
*Santa Clara County Library District JPA 1 1 L H H L
*North County Library Authority (2 year term) 2 0 M L L Valley Transportation Authority - Policy
Advisory Committee
1 1 L H H H
Valley Transportation Authority - State Route 85
Corridor Policy Advisory Board
1 1 L H L M
*Santa Clara Valley Water Commission (2-year
term)
1 1 H H H M
County Housing & Community
Development Advisory Committee (HCDAC)
1 0 H M M L
Silicon Valley Regional Interoperability Authority
(SVRIA) (3-year term)
0 1 M L L X
(Appointe
d 2021,
term ends
12/ 2023)
Grand Boulevard Initiative Task Force 1 1 M L L L
Silicon Valley Clean Energy Authority Board 1 1 H L L L Santa Clara County Expressway Policy Advisory
Board
1 0 M H L M
Commissions
Complete Streets 1 0 M H M H
Design Review 1 0 M H L L
Environmental 1 0 H M L L
Financial 1 0 H M H H
Historical 1 0 H L M L
Library 1 0 M M M L
Parks and Recreation 1 0 M M L M
Planning 1 0 M L M H
Public Arts 1 0 M L M L
Senior 1 0 L H H L
Youth 1 0 L L H M
Primary Alternate Dailey Fligor Lee Eng Meadows Weinberg Primary Alternate Dailey Fligor Lee Eng Meadows Weinberg 843
Agenda Item # 5.
Council Norms and Procedures
Last Amended/Adopted – September 14, 2021
CITY COUNCIL
NORMS AND PROCEDURES
COUNCILMEMBERS
Anita Enander
Neysa Fligor
Lynette Lee Eng
Sally Meadows
Jonathan Weinberg
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Agenda Item # 5.
2 COUNCIL NORMS AND PROCEDURES
TABLE OF CONTENTS
SECTION 1: GENERAL
1.1 Purpose
1.2 Values
1.3 Review
1.4 Compliance with Applicable Laws
SECTION 2: MAYOR AND VICE MAYOR SELECTION PROCESS
2.1 Reorganization
2.2 Election of Mayor
2.3 Election of Vice Mayor
2.4 Councilmembers Serving After a Break in Service
2.5 Appointment of Vacancy
SECTION 3: COUNCIL SUBCOMMITTEES
3.1 Responsibility
3.2 Instructions and Expectations
3.3 Reporting
3.4 Standing Subcommittees
SECTION 4: COMMISSIONS AND COMMITTEES
4.1 Responsibility
4.2 Governing
4.3 Commission Liaisons
4.4 Attendance Requirement for Commissioners
4.5 Discipline or Removal of a Commissioner
SECTION 5: AD HOC COMMITTEES AND TASK FORCES
5.1 Instructions and Expectations
5.2 Reports
5.3 Redirection
5.4 Noticing
SECTION 6: ADMINISTRATIVE MATTERS
6.1 Attendance
6.2 Correspondence
6.3 Regional Boards
6.4 Response to Public
6.5 Proclamations
6.6 Reimbursement
6.7 Training
6.8 Limited Use of Electronic Devices during Council meetings
6.9 City Mission and City Seal
6.10 Use of email
SECTION 7: COUNCIL RELATIONSHIP WITH STAFF
7.1 City Manager
7.2 Agenda Item Questions
7.3 Complaints
7.4 Staff
SECTION 8: MEETINGS
8.1 Open to Public
8.2 Broadcasting of City Council Meetings
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3 8.3 Regular Meetings
8.4 Cancelling Meetings
8.5 Special Meetings
8.6 Virtual Meetings
8.7 Closed Sessions
8.8 Annual Retreat
8.9 Quorum
8.10 Minutes
8.11 Adjourned Meetings
SECTION 9: POSTING NOTICE AND AGENDA
9.1 Posting of Notice and Agenda
9.2 Location of Posting
SECTION 10: AGENDA CONTENTS
10.1 Setting the Agenda
10.2 Description of Matters
10.3 Availability to the Public
10.4 Limitation to Act Only on Items on the Agenda
10.5 Order of Agenda
10.6 Change in Order of the Agenda
10.7 Consent Calendar
10.8 Tentative Council Calendar
10.9 Placing items on a future agenda
10.10 Council questions
10.11 Emergency Meetings
SECTION 11: PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS
11.1 Role of Mayor
11.2 Rules of Order
11.3 Appeal Procedures
11.4 Public Hearing Procedures
11.5 Staff and Consultant Reports
11.6 Public Comment
11.7 Motions
11.8 Reconsideration of a Council Action
11.9 Council Discussions and Deliberations
11.10 Councilmember Respect
11.11 Council and Staff Reports and Directions on Future Agenda Items
11.12 Conflict of Interest
SECTION 12: CLOSED SESSIONS
12.1 Purpose
12.2 Rule of Confidentiality
12.3 Breach of Rule of Confidentiality
12.4 Agenda
12.5 Permissible Topics
12.6 Rules of Decorum
12.7 Conduct of Meeting
12.8 Public Disclosure After Final Action
SECTION 13: DECORUM
13.1 Councilmembers
13.2 City Employees
13.3 Public
13.4 Noise in the Chambers
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4 SECTION 14: VIOLATIONS OF PROCEDURES
APPENDIX A: ROSENBERG’S RULES OF ORDER (SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21st CENTURY)
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5 SECTION 1. GENERAL
1.1 Purpose. The purpose of these Norms and Procedures is to promote communication, understanding, fairness, and trust among the members of the City Council, staff, and members of the public concerning their roles, responsibilities, and expectations for management of the business of the City of Los Altos. The Norms also inform the public about what to expect from their elected representatives while performing their duties.
1.2 Values. Councilmembers shall represent the best interests of the City and community at large. Councilmembers shall treat fellow Councilmembers, members of the public, Commission and Committee members, and staff and consultants with respect, civility, and courtesy. All Councilmembers shall respect each other’s individual points of view and right to disagree. When addressing the public in any way, all Councilmembers shall make certain their opinions are expressed solely as their own, and do not necessarily reflect the opinions of any other Councilmember. Councilmembers shall respect and abide by the decisions of the majority of the Council at all times.
1.3 Review. The City Council shall conduct a review of this document biennially, or whenever a new Councilmember has been seated or Council deems necessary, to assist Councilmembers in being more productive in management of the business of the City. A new Council will consider the document within three months of its first regular meeting.
1.4 Compliance with Applicable Laws. All conduct of the City Council, Commissions, Committees and Subcommittees shall be in full compliance with all applicable laws, including but not limited to State laws such as the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act, as amended. If there is a conflict between the Norms and Procedures and an applicable law, the applicable law shall govern.
SECTION 2. MAYOR AND VICE MAYOR SELECTION PROCESS
2.1 Reorganization. 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. If the certification is delayed because of a recount or other reason, the Council will wait until the certification is final before holding its reorganization special meeting.
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.
A community reception honoring the incoming and outgoing Mayor and Councilmembers will be held immediately following the reorganization meeting.
CITY OF LOS ALTOS
CITY COUNCIL NORMS AND PROCEDURES
848
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6 2.2 Election of Mayor. Only Councilmembers elected by the voters or appointed to the City Council due to the cancelation of an election may serve as Mayor.
The term of office shall be one year. The Councilmember 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 Councilmember 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.
If there are two or more such members who have served more than 23 months and have never served as Mayor, the one having served the longest time on the Council shall be designated as Mayor.
In the event there are two or more members who have never served as Mayor and have served the same length of time, the one who received the greatest number of votes at his/her/their election or re-election to the Council shall become Mayor.
In the event there are two or more members who have served as Mayor, who have served the same continuous length of time, and who have been re-elected to the Council, the one who received the greatest number of votes at his/her/their re-election to the Council shall become Mayor.
In the event three new members are elected to the Council, then an exception to Sections 2.2 and 2.3 will apply, allowing the immediate appointment of a Vice Mayor without the normal 11 months of prior service, and the following year such person may be appointed as the Mayor without the normal 23 months of prior service. Any member re-elected to the Council after a break in service will be treated in the normal sequence for appointment as Vice Mayor and Mayor, without regard to such person’s service prior to the break in service.
The Mayor may be removed from office, for cause, by a 4/5ths affirmative vote of the members. The person is to be advised of the proposed cause for removal at least 72 hours before the action is taken. Requests for an agenda item to consider removal of the Mayor should be made to the City Manager.
2.3 Election of Vice Mayor. Only Councilmembers elected by the voters or appointed to the City Council due to the cancelation of an election 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.
The Vice Mayor may be removed from office, for cause, by a 4/5ths affirmative vote of the members. The person is to be advised of the proposed cause for removal at least 72 hours before the action is taken. Requests for an agenda item to consider removal of the Vice Mayor should be made to the City Manager.
2.4 Councilmembers Serving After a Break in Service. The time of continuous service for any elected member of the Council who previously served on the Council prior to a break in service shall be considered to have started at his/her/their election after their break in service.
2.5 Appointment of Vacancy. In the event of a vacancy of office by the death or resignation of any Councilmember, the Council shall appoint a new Councilmember within sixty (60) days 849
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7 after a vacancy becomes effective in compliance with the California Elections Code, unless the Council, by resolution, decides to instead call a special election. In the event of appointment, the Council shall determine the process for appointment prior to the application process and in accordance with State law.
SECTION 3. COUNCIL SUBCOMMITTEES
3.1 Responsibility. The Mayor shall appoint Councilmembers to standing and ad hoc subcommittees as required to accomplish the work of the Council, subject to affirmation by the Council at its next regular meeting. It will be the responsibility of these subcommittees to inform and make recommendations to the Council and submit them to the Council for a vote. Staff shall work with, and support, Council subcommittees as required.
3.2 Instructions and Expectations. The Council shall make certain that all Council subcommittees are properly instructed in their assigned scope of work and responsibilities.
The expected outcome of the committee’s efforts shall be defined in writing and approved by a majority of the City Council.
3.3 Reporting. Council subcommittee members are to keep the Council informed of the work and progress of their subcommittee. These reports or minutes shall be made in writing whenever a recommendation is made to the Council.
3.4 Standing Subcommittees. From time to time, the City Council may vote to establish standing subcommittees. These include: the Council Youth Commission Interview Committee, the Open Government Committee, and joint committees with the different school districts that serve Los Altos residents.
The Council Youth Commission Interview Committee consists of two members of the City Council and is responsible for conducting interviews of applicants for the Youth Commission and making recommendations to the City Council regarding the appointments. The Committee meets as needed.
The City/ School District Committees consist of two members of the City Council and two members of the Board of Trustees of the applicable School District. The purpose of the subcommittee is to facilitate communication between the two bodies on issues of mutual concern by both legislative bodies, as directed by the City Council and/or School Board.
Meetings are open to the public and are generally held at least bi-annually.
The Open Government Committee consists of two members of the City Council and advises the City Council and provides information to the City Manager on potential ways to implement the Open Government Policy. The Committee develops appropriate goals to ensure practical and timely implementation of the Open Government Policy and proposes any amendments to the Policy.
SECTION 4. COMMISSIONS AND COMMITTEES
4.1 Responsibility. The Council may appoint residents of the community to the City’s nonCouncil standing commissions and committees. Commission and committee members shall represent the interests of the community at-large when serving on these bodies. These commissions and committees will respect the public and staff and shall take seriously their responsibility for reporting to the Council. Each commission is to keep a rotation schedule 850
Agenda Item # 5.
8 for representation at City Council meetings by one of its members. Attendance is required when a commission has an item of interest on the Council agenda, so as to be available to answer Council questions.
4.2 Governing. The City’s Commissions and Committees are governed by the Commission Handbook as adopted and amended by the City Council. If there is a conflict between the Commission Handbook and the Norms and Procedures, the Commission Handbook shall control as to the Commissions and Committees.
4.3 Commission Liaisons. To facilitate the exchange of information between the Council and its Commissions, the Mayor will at least annually make liaison appointments to the Commissions. These appointments shall be ratified by the Council. Councilmembers shall respect the separation between policy making and advisory Commissions by: A) not attempting to lobby or influence Commissions on any item under their consideration; B) attending meetings of assigned Commissions, but not taking a position on an item before the Commission; C) not voting at the Commission’s meeting on any item; and D) assisting the Commission in scheduling recommendations to be heard by the Council.
If an issue arises regarding a member of any Commission, staff may work with the assigned Council Liaison to resolve the issue.
4.4 Attendance Requirement for Commissioners. Commissioners are expected to attend meetings in accordance with the Commissioner Handbook. If a Commissioner is not meeting the attendance requirement, the Commission Chair will first address the issue by talking with the Commissioner and will give the Commissioner an opportunity to meet the requirements. If the Commissioner continues to not meet the attendance requirement, the Chair can give the Commissioner an opportunity to resign from the Commission. If the Commissioner does not want to resign and continues to not meet the attendance requirement, the Chair should discuss with the staff liaison and Council liaison the appropriate action to address it.
4.5 Discipline or Removal of a Commissioner. Commissioners serve at the pleasure of the City Council. The City Council may discipline or remove a Commissioner at any time solely at the discretion of the Council. Any proposed removal can be with or without cause. A Councilmember who wishes to discipline or remove a Commissioner shall indicate their desire to place the discipline or removal on a future agenda at the end of a regular Council meeting. If three or more Councilmembers wish to agendize the discipline or removal of a certain Commissioner, the item will be placed on a Council agenda.
SECTION 5. AD HOC COMMITTEES AND TASK FORCES
5.1 Instructions and Expectations. The Council shall make certain that all Council-appointed Ad Hoc Committees and Task Forces are properly instructed in their assigned scope of work and responsibilities. The expected outcome of the Committee’s or Task Force’s efforts shall be defined in writing and formally approved by a majority of the City Council.
5.2 Reports. Ad Hoc Committees and Task Forces are responsible for keeping the Council informed about issues being considered, and their progress. This is to be accomplished by meeting minutes distributed in the Council meeting packets or through oral reports to Council. Ad Hoc Committees and Task Forces are responsible for advising the Council of any need for information or more specific instructions. 851
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9 5.3 Redirection. Ad Hoc Committees and Task Forces shall obtain Council concurrence before they proceed in any direction different from the original instructions of the Council.
5.4 Noticing. Per Resolution No. 2015-09, Ad Hoc Committees and Task Forces that are created by the City Council and are composed of less than a quorum of the Council and have members of City Commissions and/or members of the public on the committee are subject to the provisions of the Ralph M. Brown Act.
SECTION 6. ADMINISTRATIVE MATTERS
6.1 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Councilmembers shall make a good faith effort to attend all such meetings unless unable. Councilmembers will notify the Mayor or the City Clerk if they will be absent from a meeting.
6.2 Correspondence. With some exceptions, proposed correspondence (including electronic) from individual Councilmembers/Mayor on City stationery shall be reviewed by the Council in draft form prior to release. On occasion, there are urgent requests for correspondence concerning legislation directly affecting municipalities. The Mayor may send a letter without first obtaining Council review if the content of the letter aligns with the Council’s position on the subject issue. A copy of the letter should be sent to all Councilmembers.
City letterhead will be made available for routine, discretionary correspondence (i.e., thank you notes, etc.), or such correspondence will be prepared by staff for signature, without prior consent of the Council. E-mails from Councilmembers should be respectful, professional, and consistent with the City’s Electronic Use Policy.
6.3 Regional Boards. The Mayor shall appoint Councilmembers to Regional Committees/Commissions/Boards as required by the governing bodies. These appointments are subject to affirmation by the Council. The role of the Council on regional boards will vary depending on the nature of the appointment. Representing the interests of Los Altos is appropriate on some boards; this is generally the case when other local governments have their own representation.
The positions taken by the appointed representatives are to be in alignment with the positions that the Council has taken on issues that directly impact the City of Los Altos. If an issue should arise that is specific to Los Altos, and the Council has not taken a position, the issue should be discussed by the Council prior to taking a formal position at a regional board meeting, to assure that it is in alignment with the Council’s position.
Council representatives to such boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council.
Councilmembers shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. If a Councilmember is unable to attend, he/she should notify his/her/their alternate as far in advance of the meeting as possible so as to allow the alternate to attend.
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10 Appointments to regional boards shall terminate upon the expiration of Councilmember’s term unless: 1) the Councilmember is reelected and can serve the full term on the regional board; or 2) action is taken by the Council to reappoint the individual to the regional board, and such appointment is consistent with the regional board’s policies.
6.4 Response to Public. It will be the responsibility of the City Manager to ensure a response is provided to all public correspondence for informational requests addressed to the Council.
Staff shall respond to all requests for services and provide a copy of such correspondence to the City Council, as appropriate.
6.5 Proclamations. Proclamations are discretionary public announcements directing attention to a local resident, organization, or event. The Mayor, without formal action of the Council, may issue proclamations. Requests for proclamations should be submitted at least one week in advance. This allows the Mayor to decide if a proclamation should be issued.
Alternatively, the Mayor, at his/her/their discretion, may refer a request to Council.
6.6 Reimbursement. City Councilmembers may be reimbursed for personal expenses for travel to and lodging at conferences or meetings related to their role as a Councilmember.
Reimbursements shall be subject to the City’s Travel and Expense Policy.
Brief reports must be given on any outside meeting attended at the expense of the City at the next regular Council meeting. Reimbursement is conditioned on the submission of this report to the City Council.
6.7 Training.
Ethics: Members of the City Council and commissions shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to his/her/their public service every two years. New members must receive this training within their first year of service. Members shall attend training sessions that are offered locally in the immediate vicinity of Santa Clara County or by completing online a state-approved public service ethics education program.
An individual who serves on multiple legislative bodies need only receive two hours of ethics training every two years to satisfy this requirement for all applicable public service positions.
Sexual Harassment: In addition, Councilmembers shall receive two hours of sexual harassment prevention training every two years, per State law. New members must receive this training within their first six months of service.
Brown Act: Members of the City Council and those individuals appointed by the City Council to serve on a commission or advisory committee will receive training on the requirements of the Brown Act at the time they begin their service and again when there is a scheduled Commission training.
Anti-Bias: At least every 2 years, Councilmembers and Commissioners will receive anti-bias training organized by the City.
Other Training. From time to time, the City Council may direct that Members of the City Council and Commissions receive training on different topics. 853
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11 The City Clerk is required to keep training records for five years to document and prove that these continuing education requirements have been satisfied. These documents are public records subject to disclosure under the California Public Records Act.
6.8 Use of Electronic Devices during Council Meetings. The City Council permits and promotes the utilization of technology to ensure efficient and effective conduct of the people’s business, in accordance with applicable open meetings and records laws, due process rights of interested parties, and other applicable law and city policies. i. Councilmembers’ use of electronic communications and data devices (including – but not limited to – laptop computers, cell phones, tablet computers, pagers, wearable technology, and similar devices), at a meeting during which the Councilmember is subject to the provisions of the Brown Act shall be limited to personal use (note taking, etc.) and to access documents only available to the member (e.g., personal files stored on the cloud) or documents available to the public (e.g. documents on the City’s website, websites available to the public, etc.). ii. At a meeting during which a Councilmember is subject to the provisions of the Brown Act, the Councilmember may not use electronic devices to read electronic communications from, or send electronic communications to, members of the public, other Councilmembers, and parties to city proceedings. If a Councilmember receives an electronic communication which the member believes to be a family emergency, the Councilmember should ask the Mayor to take a break so the Councilmember may address the issue. The Councilmember should not read the electronic communication during the meeting.
6.9 City Mission and City Seal. The Mission of the City of Los Altos is a statement that reflects the values of our residents. The City Seal is an important symbol of the City of Los Altos.
No change to the City Mission and/or City Seal shall be made without Council approval.
Use of the City Seal shall be by permission of the City Clerk.
6.10 Use of email. City Councilmembers shall strive to use only their City email account for City business.
SECTION 7. COUNCIL RELATIONSHIP WITH STAFF
7.1 City Manager. City Councilmembers are always free to go to the City Manager to discuss any subject. Issues concerning the performance of a Department, or any employee must be directed to the City Manager. City Councilmembers shall not meet with groups of management employees for the purpose of discussing terms of employment or establishing employee policy. Direction to City employees, other than the City Manager or City Attorney, is the prerogative of the City Manager. In passing along critical information, the City Manager will be responsible for contacting all Councilmembers. The City Manager may delegate this responsibility to Department Heads.
7.2 Agenda Item Questions. The Council shall not abuse, embarrass, or harass staff. If a Councilmember has a question on a subject, the Councilmember should contact the City 854
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12 Manager prior to any meeting at which the subject may be discussed. This does not restrict Councilmembers from asking questions during a Council meeting.
7.3 Complaints. Councilmembers shall encourage people to file all complaints related to work or services provided by City staff directly with the City Manager and the appropriate staff member. The City manager and staff shall ensure that all people receive a response. If a Councilmember receives a complaint directly, the Councilmember should forward the complaint to the City Manager. If all Councilmembers are copied on the same complaint and the City Manager is not copied, the Mayor is responsible for forwarding the complaint to the City Manager.
7.4 Staff. Councilmembers may ask Department Heads for information. This informal system of direct communication is not to be abused.
SECTION 8. MEETINGS
8.1 Open to Public. All meetings of the City Council, except for closed sessions as authorized by law, shall be open to the public. All meetings shall be noticed as required to allow action to be taken by the Council.
8.2 Broadcasting of City Council Meetings. All regular Council meetings and study sessions shall be scheduled in the Community Meeting Chambers to allow for web streaming and simulcast on the City’s Government Access Channel, unless the number of participants exceeds room capacity. The final decision shall be the responsibility of the Mayor. All regular City Council meetings and study sessions shall be video-recorded, unless the City is unable to do so due to unforeseen circumstances or circumstances beyond the City’s control in which case the meeting shall be audio-recorded.
8.3 Regular Meetings. The City Council shall conduct its regular meetings at the time and place established by ordinance. At the first regular meeting in December, the City Council will approve the schedule of meetings for the next calendar year, which shall be the Council’s adopted regular meeting schedule. This practice does not, however, preclude the Mayor or a majority of the members of the City Council from calling additional meetings pursuant to Section 8.5, if necessary. If the Council schedules a meeting that is not part of the adopted regular meeting schedule, that meeting shall be a special meeting or a study session.
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.
8.4 Cancelling Meetings. Any meeting of the City Council may be cancelled in advance by majority vote of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed in writing to the City Manager their unavailability to attend a meeting or agreement to cancel a meeting.
8.5 Special Meetings. A special meeting may be called at any time by the Mayor or by a majority of the City Council in accordance with the Brown Act. Written notice of any such meeting must specify the purpose of the meeting and the identities of members making the call.
Notice of the meeting must be given in accordance with law. Public comments at special meetings shall be limited to only those items described on the special meeting notice/agenda. 855
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13 The City Council may hold study sessions or joint meetings with other boards, commissions, committees, or agencies as deemed necessary to attend to City business. These meetings will be coordinated by the City Clerk. Study sessions are scheduled to provide Councilmembers the opportunity to better understand a particular item. While Council may legally take action at any noticed meeting, generally no formal action is taken at study sessions. If action is to be taken at a study session, then the agenda will state that action may be taken.
8.6 Virtual Meetings. If, pursuant to applicable laws or orders, the City Council holds a virtual special or regular meeting, the requirements set forth in the Norms and Procedures shall still apply, to the extent these requirements are feasible. Any feature on the platform hosting the virtual meeting that allows members of the public and/or Councilmembers to communicate outside of the approved methods of communication for the meeting, for example a “chat” feature, shall be disabled during the meeting.
8.7 Closed Sessions. The City Council may hold closed sessions at any time authorized by law (and in consultation with the City Attorney), to consider or hear any matter, which is authorized by law. The Mayor or a majority of the City Council may call closed session meetings at any time. Requests for a closed session should be made to the City Manager.
8.8 Annual Retreat. The City Council shall hold an annual retreat following the reorganization of the Council (typically in December or January). The primary purpose of the retreat shall be to review accomplishments for the past calendar year and to discuss and set priorities for the City Council for the following calendar year. The Mayor may also work with the City Manager to organize other activities for the annual retreat such as team building exercises and having guest speaker(s). The retreat may be held over multiple days.
8.9 Quorum. Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If less than three Councilmembers appear at a regular meeting, the Mayor, Vice Mayor in the absence of the Mayor, any Councilmember in the absence of the Mayor and Vice Mayor, or in the absence of all Councilmembers, the City Clerk or Deputy City Clerk, shall adjourn the meeting to a stated day and hour.
Business of the City Council may be conducted with a minimum of three members being present; however, pursuant to the California Government Code, matters requiring the expenditure of City funds and all resolutions and non-urgency ordinances must receive three affirmative votes for approval.
8.10 Minutes. Staff shall prepare minutes of all public meetings of the City Council. Copies shall be distributed to each Councilmember. Closed session minutes, if any, shall be approved by all Councilmembers and kept in strict confidence.
8.11 Adjourned Meetings. The City Council may adjourn any regular, adjourned regular, special, or closed session meeting to a time and place specified in the order of adjournment and permitted by law. Similar to all sections in the Norms and Procedures, this section is subject to section 14 of the Norms and Procedures.
SECTION 9. POSTING NOTICE AND AGENDA
9.1 Posting of Notice and Agenda. For every regular, special, or study session meeting, the City Clerk or other authorized person shall post a notice of the meeting, specifying the time and 856
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14 place at which the meeting will be held, and an agenda containing a brief description of all items of business to be discussed at the meeting. This notice and agenda may be combined in a single document. Posting is to be according to the City’s Open Government Policy and State law.
9.2 Location of Posting. The notice and agenda shall be posted at City Hall and at the meeting location, if located away from City Hall, in a place to which the public has unrestricted access and where the notice and agenda are not likely to be removed or obscured by other posted material, and to the City website. Similar to all sections in the Norms and Procedures, this section is subject to Section 14 of the Norms and Procedures.
SECTION 10. AGENDA CONTENTS
10.1 Setting the Agenda. The Mayor, in consultation with the City Manager or his/her/their designee, and the City Clerk shall organize the agenda.
10.2 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description should set forth the proposed action to be considered so that members of the public will know the nature of the action under review and consideration.
10.3 Availability to the Public. The agenda for any regular, special, or study session meeting, shall be made available to the general public as required by law.
10.4 Limitation to Act Only on Items on the Agenda. No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:
A. Upon a majority determination that an “emergency exception” (as defined by State Law) exists; or
B. Upon determination by a 4/5 vote of the full City Council, or a unanimous vote if less than a full Council, that an “urgency exception” (as defined by State Law) exists and the Council needs to take immediate action and that the need to take the action came to the attention of the City Council subsequent to posting of the agenda.
C. Two Councilmembers are required to request an item be placed on the agenda for the full Council to determine if the item meets the urgency or emergency exception. This determination is done in accordance with Section 10.4A or 10.4B above and occurs soon after the Council meeting begins. If the Council votes to hear the emergency or urgency item, the item would then be placed as a discussion item on that Council meeting’s agenda.
10.5 Order of Agenda. The prescribed order of the agenda for Regular Meetings of the Council will be as follows: Establish Quorum, Pledge of Allegiance, Closed Session Announcement (if needed), Changes to the Order of the Agenda, Special Items, Public Comments on Items not on the Agenda, Consent Calendar, Public Hearings, Discussion Items, Informational Items, City Council Reports, Future Agenda Items, and Adjournment.
10.6 Changes to the Order of the Agenda. “Changes to the Order of the Agenda” will be an agenda item that is heard soon after the Council meeting begins whereby the Mayor, Councilmembers and/or City staff may request a change to the order in which agenda items are to be considered. The Mayor will ask if there are any changes to the order of the agenda.
Any requested changes will be made in the form of a motion and a vote will be taken. If there are no requests for changes, the agenda will be taken in the prescribed order. 857
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15 10.7 Consent Calendar. A Councilmember or any member of the public may request an item be removed from the Consent Calendar. At the Mayor’s discretion, items removed from the Consent Calendar may be considered immediately after approval of the balance of the Consent Calendar or elsewhere in the agenda. Councilmembers shall be given the opportunity to ask a clarifying question about a consent item or make a brief comment about an item without having to remove the item from the Consent Calendar.
10.8 Tentative Council Calendar. The Tentative Council Calendar shall list items pending to come before Council within the next 12 months period and will be included as part of each Council Meeting’s Agenda Packet. City Staff will post the Tentative Council Calendar on the City’s website and make updates to the Tentative Council Calendar, as necessary.
The Tentative Council Calendar shall be included in each City Council regular meeting agenda packet as an Informational Item. Each quarter, the Tentative Council Calendar should be brought to Council as a Discussion Item for Council's review, discussion and possible action. At this time, Councilmembers may request new items be added with the required support from other Councilmembers depending on whether a staff report is required. The Councilmember requesting the item shall state the topic and which Council priority the request aligns to. Council and staff shall agree as to where the new item shall be placed on the Tentative Council Calendar.
10.9 Placing items on a future agenda. Members of the City Council may have any matter that can be legally agendized placed on the agenda of the City Council by indicating their desire to do so under that portion of the City Council agenda designated, “Future City Council Agenda Items.” Placing an item on a future agenda requires two Councilmembers to support the item if no staff work is required and three Councilmembers if staff work is required.
Unless an item is deemed an urgency exception or emergency exception, as defined in the Norms, Councilmembers shall request the placement of items on future agendas at a public Council meeting.
10.10 Council questions. Councilmembers shall strive to provide questions to city staff on agenda items as early as possible before a council meeting to allow adequate time to respond to the questions. Staff will provide all questions and answers to Council questions to all Councilmembers prior to the subject Council meeting, and, excepting attorney-client communications, to the public as soon as possible. Councilmembers shall strive to notify staff if they plan to raise a specific question at the Council meeting. If a Councilmember feels they need additional information to make a decision on an item, and the item is not time sensitive, the Councilmember may request the item be continued to a future meeting during Changes to the Order of the Agenda.
10.11 Emergency Meetings. The City Council may hold an emergency meeting (as defined in State Law) without complying with either the 24-hour notice requirement, or the 24-hour posting requirement, or both of the notice and posting requirements.
SECTION 11. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS
11.1 Role of Mayor.
A. The Mayor is responsible for running the meeting. If the Mayor is unavailable to run a Council meeting, the Vice Mayor shall run the meeting. The Mayor shall be responsible for 858
Agenda Item # 5.
16 maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Mayor to ensure that the rules of operation and decorum contained herein are observed. The Mayor shall maintain control of communication between Councilmembers and among Council, staff and public. The Mayor has the prerogative to be the last Councilmember to vote on an item. The Mayor and Councilmembers are responsible to self-monitor their own conduct and speaking time to ensure a timely meeting.
B. Communication with Councilmembers
1. Councilmembers shall request the floor from the Mayor before speaking.
2. When one member of the Council has the floor and is speaking, other Councilmembers shall not interrupt or otherwise disturb the speaker.
C. Communication with Members of the Public Addressing the Council
1. The Mayor shall open the floor for public comment as appropriate.
2. Councilmembers may question a person addressing the Council at the conclusion of the person’s comments or upon expiration of the person’s time to speak.
3. Any staff member with an item on the agenda will be available to the City Council to answer questions arising during discussions between Councilmembers and among Councilmembers and members of the public.
4. Members of the public shall direct their questions and comments to the Council.
11.2 Rules of Order. The City Council adopts no specific rules of order except those listed herein.
The City Council shall refer to Rosenberg’s Rules of Order, as a guide for the conduct of meetings, with the following modifications:
A. Although permitted, a motion is not required prior to a general discussion on an agenda item. A pre-motion discussion allows the members to share their thoughts on the agendized item so that a motion can more easily be made that takes into account what appears to be the majority position.
B. All motions, except nominations, require a second.
C. A motion may be amended at the request of the maker and the consent of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.
D. A motion to amend may still be used.
The Mayor has the discretion to impose reasonable rules at any particular meeting based upon facts and circumstances found at any particular meeting. These latter rules will be followed unless objected to by a majority of the City Councilmembers present.
11.3 Appeal Procedures. Appellants shall be given the opportunity to speak first. Appellants and applicants responding to appeals may be given a total of up to 10 minutes each to present their positions to the City Council prior to hearing public comments. Appellants shall be given up to 5 minutes of rebuttal time after public comments are heard.
11.4 Public Hearing Procedures. All land use public hearing items shall follow the following procedures:
A. Staff presentation and/or report followed by clarifying questions from the Council B. Disclosure of communications: Councilmembers shall disclose all personal communications with any individual, including, but not limited to, the project applicant, 859
Agenda Item # 5.
17 prospective project applicants, neighboring property owners, residents, or any other party regarding development projects. These disclosures shall include a full description of the nature of the discussion, and in particular, any information not presented as part of the public record
C. The Mayor shall open the public hearing
a. Applicant presentation; the applicant shall be given a total of up to 10 minutes to present to the City Council
b. The Council shall take public comments
c. Applicant rebuttal period; the applicant shall be given a total of up to 5 minutes rebuttal time. If there are no public comments, the applicant shall not be given time for rebuttal
D. The Mayor shall close the public hearing
E. Council discussion, consideration, and decision
11.5 Staff and Consultant Reports. Staff and consultant reports will be given a limit of up to 10 minutes. Staff is to assume that the Council has read all materials submitted. Council shall be given an opportunity to ask questions of staff prior to hearing public comments.
11.6 Public Comment.
A. Persons present at meetings of the City Council may comment on individual items on the agenda. During Regular City Council meetings, comments may be offered on items not on the agenda under that portion of the agenda identified for Public Comment.
B. The limit for speakers will be 1 to 3 minutes, depending on the number of speakers, and the number of items that the Council is discussing at that meeting.
A group of speakers may designate a single speaker to represent the group. The designated speaker would be given the time which would have been allocated to others (to a maximum of 10 minutes) to speak. Individuals wanting to delegate time to another must be present at the meeting and must indicate their desire to cede time to a single individual by noting on a speaker card they are doing so. Persons who have ceded their time will not be permitted to speak on the topic at that meeting. Members of the public are not permitted to cede their time during quasi-judicial proceedings.
C. In order to facilitate an orderly meeting, anyone wishing to address the City Council is asked to fill out a Request to Speak card, indicating their name, address, and agenda item number/topic. A separate card is requested for each item. The request to speak cards shall be turned into the City Clerk before the item is heard by the City Council.
D. Upon addressing the Council, each speaker is requested, but not required, to first state his/her/their/their name, whom they represent and/or city of residence.
E. After the speaker has completed their remarks, Councilmembers may ask questions of the speaker after being acknowledged by the Mayor. Councilmembers shall be respectful of the speakers and shall not enter into a debate with any member of the public.
F. Upon conclusion of the Public Comment section for any item, the Mayor may provide Councilmembers and/or staff with an opportunity to respond to statements made by the public.
G. All Councilmembers shall listen to all public discussion as part of the Council’s community responsibility. Individual Councilmembers should remain open-minded to comments made by the public.
860
Agenda Item # 5.
18 H. The Mayor has the right to ask a member of the public to step down if over the allotted time or if comments are not germane.
11.7 Motions. It will be the practice of the City Council for the Mayor to provide Councilmembers an opportunity to ask questions of staff, comment on, and discuss any agendized item in order to help form a consensus before a motion is offered. After such discussion, the Mayor or any Councilmember may make a motion. Before the motion can be considered or discussed, it must be seconded. Once a motion has been properly made and seconded, the Mayor shall open the matter to full discussion offering the first opportunity to speak to the moving party, and thereafter, to any Councilmember recognized by the Mayor. Customarily, the Mayor will take the floor after all other Councilmembers have been given the opportunity to speak.
If a motion clearly contains divisible parts, any Councilmember may request the Mayor or moving party divide the motion into separate motions to provide Councilmembers an opportunity for more specific consideration.
Tie Votes: Tie votes shall be lost motions. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter.
If a tie vote results at a time when less than all members of the Council, who may legally participate in the matter, are present, the matter shall be automatically continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.
11.8 Reconsideration of a Council Action.
A. Request for Reconsideration by a member of the public.
Any member of the public may request that a member of the City Council that voted in the majority request reconsideration. In order for that member of Council to take action, such request must be received no later than 5:00 p.m. on the third day following the decision. The requestor should specify in writing the reason for the request to reconsider. The Councilmember would then need to follow the procedure described in Section B below.
B. Request for Reconsideration by a Councilmember
1. Request by a member of the City Council.
Only a member of the City Council who voted in the majority may request reconsideration. The request may be made at the same meeting, or 24 hours in advance of the posting of the agenda for the next regular meeting. The request needs to be supported by two (2) Councilmembers, including the requesting Councilmember, for it to be added to the agenda. A request added to an agenda shall be structured in a manner that a motion for reconsideration may be considered immediately following approval of the request for reconsideration. 861
Agenda Item # 5.
19 In presenting a request for reconsideration, the City Councilmember making the request should state orally or in writing the reason for the request, without dwelling on the specific details or setting forth various arguments.
2. Motion for Reconsideration.
A motion to reconsider an action taken by the City Council may be made at the same meeting at which the action was taken (including an adjourned or continued meeting), or in accordance with Section 11.8B1. A motion to reconsider an action may be made only by a Councilmember who voted in the majority but may be seconded by any Councilmember and is debatable.
The motion must be approved by a majority of the entire City Council. At the time such motion for reconsideration is heard, testimony shall be limited to the facts giving rise to the motion.
C. Effect of Approval of Motion.
Upon approval of a motion to reconsider, and at such time as the matter is heard, the City Council shall only consider any new evidence or facts not presented previously with regard to the item or a claim of error in applying the facts.
If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters, and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required.
If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed in accordance with the Government Code, the City Municipal Code and the Council Norms and Procedures. The Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.
11.9 Council Discussions and Deliberations.
A. The discussion and deliberations at meetings of the City Council are to secure the mature judgment of Councilmembers on proposals submitted for decision. This purpose is best served by the exchange of thought through discussion and debate.
To the extent possible, Councilmembers should disclose any ex parte communication prior to discussion on an item.
Discussion and deliberation are regulated by these rules in order to assure every member a reasonable and equal opportunity to be heard.
B. Obtaining the Floor for Discussion.
862
Agenda Item # 5.
20 After the Council has commented on an issue, and a motion has been stated to the Council and seconded, any member of the Council has a right to discuss it after obtaining the floor. The member obtains the floor by seeking recognition from the Mayor. A member who has been recognized should limit his/her/their time to 3 minutes.
C. Speaking More Than Once.
To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Councilmember has already spoken, other Councilmembers wishing to speak shall then be recognized. No Councilmember shall be allowed to speak a second time until after all other Councilmembers have had an opportunity to speak.
D. Relevancy of Discussion.
All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. Councilmembers shall avoid repetition and strive to move the discussion along. Arguments, for or against a measure, should be stated as concisely as possible.
A motion, its nature, or consequences, may be debated vigorously. It is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or implication. It is the duty of the Mayor to instantly rule out of order any Councilmember who engages in personal attacks. It is the motion, not its proposer, that is subject to debate.
It is the responsibility of each Councilmember to maintain an open mind on all issues during discussion and deliberation. It is not necessary for all City Councilmembers to speak or give their viewpoints if another Councilmember has already addressed their concerns.
863
Agenda Item # 5.
21 E. Mayor’s Duties During Discussion.
The Mayor has the responsibility of controlling and expediting the discussion. A Councilmember who has been recognized to speak on a question has a right to the undivided attention of the Council.
It is the duty of the Mayor to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.
F. After the Vote.
Once a majority of the Council has approved a motion, no further discussion shall be made unless the item is brought for reconsideration as described previously.
11.10 Councilmember Respect. Councilmembers shall abide by the majority decision of the Council, even if in the minority. Councilmembers appointed to serve on regional boards and committees shall maintain the Council’s position on an item, even if the Councilmember disagrees with that position.
11.11 Council and Staff Reports and Directions on Future Agenda Items. Council and staff reports at the end of Council meetings shall be limited to announcing Council, Regional Board activities on which Councilmembers serve, City and City-sponsored activities.
Community groups may announce their activities during Public Comments at the beginning of Council meetings.
11.12 Conflict of Interest. If a Councilmember becomes aware of a potential conflict of interest that would require the Councilmember to not participate in a discussion or vote on an agenda item before the City Council, the Councilmember should discuss with the City Attorney prior to agenda item being heard by the City Council. The Councilmember is expected to follow the direction of the City Attorney. If the Councilmember decides to request an opinion from the California Fair Political Practices Commission (“FPPC”), the Councilmember shall disclose at the next scheduled Council Meeting that such a request has been made. If the Councilmember is still waiting for the FPPC opinion at the time the agenda item will be heard by the City Council, the Councilmember may abstain from participating until the FPPC opinion is received. Upon receiving the FPPC opinion, the Councilmember shall share the opinion with the City Council and public at the next scheduled Council meeting.
SECTION 12. CLOSED SESSIONS
12.1 Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, state law recognizes that, in certain circumstances, public discussion could potentially jeopardize the public interest, compromise the City’s position, and could cost the taxpayers of Los Altos financially. Therefore, closed sessions shall be held from time to time as allowed by law. The procedures for the conduct of these meetings shall be the same as for public meetings, except that the public will be excluded for the closed session portion of the meeting.
Prior to convening the closed session portion of the meeting, the Mayor or City Clerk shall publicly announce the closed session items and ask for public input regarding any items on the closed session agenda.
864
Agenda Item # 5.
22 City Councilmembers shall keep all written materials and verbal information provided to them in closed session in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials shall be made to anyone other than Councilmembers, the City Attorney or City Manager, except where authorized by a majority of the City Council.
12.2 Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Councilmembers and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.
The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality for closed sessions.
12.3 Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by State law. Any authorized disclosure shall be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality.
12.4 Agenda. The agenda for a closed session will contain that information required to be disclosed pursuant to the Ralph M. Brown Act.
12.5 Permissible Topics. All closed sessions will be held in strict compliance with the Ralph M.
Brown Act. The City Attorney, or his/her/their designee, will advise in advance on topics that may be discussed in a closed session.
12.6 Rules of Decorum.
A. The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Councilmembers to disagree. Councilmembers shall strive to make each other feel comfortable and safe to express their points of view. All Councilmembers have the right to insist upon strict adherence to this rule.
B. Prior to a vote, the Mayor shall ensure that the motion is clearly stated and clearly understood by all Councilmembers.
C. The Mayor shall keep the discussion moving forward so that debate and a vote can occur in the time allotted for the closed session. The Mayor will determine the order of debate in a fair manner.
12.7 Conduct of Meeting.
A. The Mayor will call the closed session to order promptly at its scheduled time.
B. The Mayor will keep discussion focused on the permissible topics.
C. The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential.
D. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisitions or disposal, a proposed or pending claim or litigation, or employee 865
Agenda Item # 5.
23 negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Councilmember, not so designated by the Council, will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter, which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.
12.8 Public Disclosure After Final Action.
A. The Ralph M. Brown Act requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final.
Accordingly, the Mayor or the City Attorney shall publicly report any final action taken in closed session, and the vote, including abstentions, as directed by the Ralph M. Brown Act.
B. The report may be oral or written. The report will state any reportable action taken by the Council and how each Councilmember voted, if applicable. All other closed session discussions will remain confidential. Unless authorized by the majority of the City Council and if permitted under applicable law, the report will not state the debate or discussion that occurred.
SECTION 13. DECORUM
13.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord the utmost courtesy to each other, City employees, and the public appearing before the City Council. When speaking, a Councilmember’s tone should remain neutral and non-verbal communication aspects should be considerate and polite. Formal business attire is required only when Council meetings, workshops, or study sessions are held in Community Meeting Chambers and/or televised.
13.2 City Employees. Members of the City staff shall observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business and professional manner towards Councilmembers and members of the public.
13.3 Public. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. City Code Chapter 2.05, Public Meeting Rules for Conduct, shall apply to all City Council Meetings.
13.4 Noise in the Chambers. Noise emanating from the audience, whether expressing opposition or support within the Community Meeting Chambers or lobby area, which disrupts City Council meetings, shall not be permitted. All cellular phones and other consumer electronic devices shall be muted while in the chambers. Refusal is grounds for removal.
SECTION 14. VIOLATIONS OF PROCEDURES
Unless otherwise approved by at least a majority of Councilmembers or prohibited by law or due to circumstances beyond the City’s control, for example, a declared state of emergency, all Councilmembers are required to comply with these Norms and Procedures.
Nothing in these Norms and Procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with State Law.
866
Agenda Item # 5.
24 This document shall remain in effect until modified by the City Council.
AMENDED AND APPROVED: September 14, 2021.
867
Agenda Item # 5.
25 APPENDIX A
ROSENBERG’S RULES OF ORDER
868
Agenda Item # 5.
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]
869
Agenda Item # 5.
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
870
Agenda Item # 5.
City of Los Altos 2023 Tentative Council Agenda Calendar All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.
Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept/
Date of
request
to add.
January 24, 2023 REGULAR COUNCIL MEETING
Housing Element (if needed) Public Hearing Nick
Acceptance of the Council Chamber AV project Consent Aida City of Los Altos Outdoor Dining Program Discussion Anthony IIO Annual Report Info Katie/
Angela
Grand Jury Response Consent Jon
February 14, 2023 STUDY SESSION - City Council Priority #9: Business Communities – 5:30 pm Start time
Study Session Anthony
REGULAR COUNCIL MEETING
Military Equipment Use Report ??? Katie/
Angela
Design Contract for S 1st Street scape Consent Jim
Mid-Year Budget FY23 Discussion June
February 28, 2023 REGULAR COUNCIL MEETING
March to be YOUTH ARTS MONTH - Proclamation Special Item SCVURPPP MOA Consent Aida
Assembly Bill AB 1276 Public Hearing Aida
Restriction of Firearms on Public Property (JW/NF/AE 7/12) Discussion 871
Agenda Item # 6.
City of Los Altos Tentative Council Agenda Calendar
All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.
Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept.
Treasury Report Consent June
License Plate Readers Discussion Angela
March 14, 2023 REGULAR COUNCIL MEETING
Downtown Theater Study Update Discussion Anthony
Future Agenda Item Policy Update Discussion Anthony
March 28, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
April 11, 2023 REGULAR COUNCIL MEETING
April 25, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
May 9, 2023 REGULAR COUNCIL MEETING
Resolution Calling for Election (?)
3rd Quarter Report
May 23, 2023 REGULAR COUNCIL MEETING
Resolution Calling for Election (?)
Treasury Report Consent June
June 13, 2023 REGULAR COUNCIL MEETING
872
Agenda Item # 6.
City of Los Altos Tentative Council Agenda Calendar
All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.
Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept.
Adopt Resolution No. 2022-XX approving the Report of Sewer Service Charges and directing the Filing of Charges for Collection by the Tax Collector
2 Printed Public
Hearing -
- not less than 10
days - published
once a week for
two consecutive
weeks 5/11/2022
& 5/18/2022
June 27, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
July 11, 2023 REGULAR COUNCIL MEETING
August 22, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
September 12, 2023 REGULAR COUNCIL MEETING
September 26, 2023 REGULAR COUNCIL MEETING
Year End tentative report – September (if needed)
Treasury Report Consent June
873
Agenda Item # 6.
City of Los Altos Tentative Council Agenda Calendar
All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.
Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept.
Future Agenda Topics To Be Scheduled….
October 10, 2023 REGULAR COUNCIL MEETING
October 24, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
November 14, 2023 REGULAR COUNCIL MEETING
1st Quarter report FY 2021/2022
November 28, 2023 REGULAR COUNCIL MEETING
Treasury Report Consent June
December 12, 2023 REGULAR COUNCIL MEETING
CAFR and Year End – 1st meeting December
874
Agenda Item # 6.
City of Los Altos Tentative Council Agenda Calendar
All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.
Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept.
Proposed City policy that modifies the environmental analysis standard for circulation impacts from a Level of Service (LOS) analysis to a Vehicle Miles Traveled (VMT) analysis.
Public Hearing
League of California Cities – Role and Representation Presentation/Disc ussion
Council
Initiated
Subcommittee on Grants NF
03.25.20 22
Comprehensive multi-modal traffic study (analysis of recent projects projected parking, trip generation, & traffic impacts to actuals; ECR impacts should include adjacent streets) ES
PCI Report
Funding mechanisms for housing and housing programs – Nick Open Government Cmte
MWENDO – Council
Dark Skies Ordinance (LLE/AE/NF 7/12)
Holidays to be referenced on employee rules – HR Consent HR Placing Items on Future Agendas – CM Discussion Gabe
Downtown Wifi Discussion Anthony
Cities Association JPA – Council Discussion Angel
Outgoing Commissioner Recognition
875
Agenda Item # 6.
City of Los Altos Tentative Council Agenda Calendar
All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing. Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda eight days prior to the next Council meeting.
Date Agenda Item
(Date identified by Council)
Agenda Section
(Consent,
Discussion Item -
note in red if
Public Hearing)
Dept.
Commission Handbook
Compassion Training Discussion Council
Noise Ordinance Discussion Council
Airplane Noise Subcommittee Discussion NF and
SM
License Plate readers Discussion LLE, AE,
JW
Flag Policy, 2nd Nov Meeting 2023 Discussion Council
Sewer Rate Study Discussion Aida
Ceding Time Discussion Anthony
Legislative Subcommittee Discussion
City Council Norms and Procedures Discussion
876
Agenda Item # 6.