Agenda packet, study session — Los Altos City Council, January 24, 2023

CITY COUNCIL STUDY

SESSION
AGENDA
6:00 PM - Tuesday, January 24, 2023
via Videoconference and In Person
Please Note: The City Council will meet in person as well as via Telephone/Video Conference Telephone:1-669-444-9171 / Webinar ID: 865 2725 6820
https://losaltosca-gov.zoom.us/j/86527256820?pwd=alZ3MzdFdVFZdkt1Wk1HTXd5VkgrUT09 Passcode: 555735
TO PARTICIPATE IN-PERSON: Members of the public may also participate in person by being present at the Los Altos Council Chamber at Los Altos City Hall located at 1 N. San Antonio Rd, Los Altos, CA
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TO SUBMIT WRITTEN COMMENTS: Prior to the meeting, comments on matters listed on the agenda may be emailed to [email protected]. Emails sent to this email address are sent to/received immediately by the City Council. Please include a subject line in the following format:

PUBLIC COMMENT AGENDA ITEM ## - MEETING DATE STUDY SESSION Correspondence submitted in hard copy/paper must be received by 2:00 PM on the day of the meeting to ensure distribution prior to the meeting. Correspondence received prior to the meeting will be included in the public record. .

Public testimony will be taken at the direction of the Mayor, and members of the public may only comment during times allotted for public comments.

AGENDA

MEETING CALLED TO ORDER

CONFIRM QUORUM
1 1/24/2023 CITY COUNCIL STUDY SESSION AGENDA Page 2 of 2

PUBLIC COMMENT ON AGENDA ITEM(S)

DISCUSSION ITEM(S)

1. Los Altos Outdoor Dining: City Council provide direction on the proposed creation of the Los Altos Outdoor Dining Program by amending the Los Altos Parklet Program, establishing the Los Altos Sidewalk Dining Program, and amending the Los Altos Outdoor Display Program. (A.

Carnesecca)

ADJOURNMENT

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

Agendas Staff Reports and some associated documents for City Council items may be viewed on the Internet at http://www.losaltosca.gov/citycouncil/online/index.html. Council Meetings are televised live and rebroadcast on Cable Channel 26.

On occasion the City COuncil may consider agenda items out of order. 2 AGENDA REPORT SUMMARY

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: January 24, 2023
Subject: City of Los Altos Outdoor Dining Program
Prepared by: Anthony Carnesecca, Economic Development Administrator Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. City of Los Altos Parklet Program Guide

2. City of Los Altos Sidewalk Dining Program Guide

3. City of Los Altos Outdoor Display Guide
Initiated by:

City staff
Previous Council Consideration:

November 19, 2019, August 28, 2020, & November 30, 2021 Fiscal Impact:

None.

Environmental Review:

Not applicable.

Policy Question(s) for Council Consideration:
 Does the City Council wish to provide any feedback on the Los Altos Outdoor Dining Program as presented today?
Summary:
 This program will allow businesses the option of having outdoor dining in the public right-ofway.

Staff Recommendation:

Provide feedback on the Los Altos Outdoor Dining Program. 3 Agenda Item 1.

Subject: City of Los Altos Outdoor Dining Program
January 24, 2023 Page 2
Purpose
The goals of the Los Altos Outdoor Dining Program are to:

1. Increase the vibrancy and atmosphere of Downtown Los Altos.

2. Stimulate local economy through improved outdoor dining spaces in sidewalks and parklets.

3. Encourage creative use of public spaces by activating sidewalks and adjacent areas.

Background
In June 2004, the Los Altos City Council approved a resolution establishing a downtown public sidewalk display permit program that “developed a set of sidewalk clearance guidelines and design criteria allowing for the placement of A-frame or similar signs, flowerpots, flower carts, statues, sculptures, or other similar decorative display items, and outdoor dining furniture on or over the public sidewalks in the downtown triangle area.” This allowed many businesses to display a-frames with store information on sidewalks and the only outdoor seating for restaurants.

In August 2018, the Los Altos City Council adopted the Downtown Vision. The vision provides the City of Los Altos with long-term improvements and short-term programs that will increase vibrancy in the downtown triangle. Outdoor dining was identified as an effective way to provide unique and positive dining opportunities for residents and visitors in Downtown Los Altos.

In November 2019, the Los Altos City Council unanimously approved the City of Los Altos Pilot Parklet Program. This pilot program was intended to allow restaurant owners to build parklets that would expand outdoor seating opportunities through Fall 2021 and would allow restaurants to have two full years with their parklets before a Council review of the program. These parklets were required to be built-out deck structures with design and construction specifications. This program limited the number of parklets on any given block downtown and prevented parklets from being installed across the street from one another.

In January 2020, City staff conducted preliminary meetings with numerous restaurants that were interested in a parklet installation. Many restaurants were interested, but some were hesitant to invest money on a parklet installation for a two-year period without a long-term timeline. No parklet applications were received from restaurants under the pilot program prior to the start of the COVID19 pandemic.

In summer 2020, the City began exploring potential options for restaurants to expand their outdoor dining space into the public right-of-way. Through many meetings with community stakeholders, the City decided to close sections of downtown streets for “Open Streets Los Altos” allowing restaurants to expand their outdoor seating area into the public right-of-way with approved permit application and proof of liability insurance. This program closed Main Street and State Street for pedestrian-only traffic every Thursday morning through Sunday night from June 2020 through September 2020. 4 Agenda Item 1.

Subject: City of Los Altos Outdoor Dining Program
January 24, 2023 Page 3
Open Streets Los Altos was successful in allowing restaurants to expand outdoor dining space as guidelines required tables to be ten feet apart from one another and keep diners six feet apart from one another at all times in compliance with social distancing guidelines provides by the County. Some neighboring businesses were frustrated with the sections of the block that did not have restaurants and large sections of the block were not fully utilized, while some businesses were frustrated with loss of on-street parking spaces adjacent to storefronts. City staff met with restaurants, retailers, and personal service businesses who indicated that parklets may be a middle ground solution allowing restaurants to have outdoor dining space while re-opening the street to vehicular traffic and open additional parking spaces near storefronts.

As Open Streets Los Altos came to a close, the City implemented the COVID Parklet Program in Fall 2020. Through the COVID Parklet Program, businesses installed a protective barrier of wine barrels filled with 500 lbs. of water, sand or concrete along the perimeter of the parklet. These barrels have created a unique and uniform feel to the parklets that make them unique to Los Altos. However, as time as passed, the barrels have weathered and fallen into disrepair as they were not designed for outdoor use over long periods of time.

As winter set-in and restaurants wanted to add canopies and heaters, SCC Fire Department became involved in helping us develop Outdoor Dining Winterization Guidelines that assured temporary parklets would comply with the State and County fire codes.

As of December 2022, the City has approved 20 parklet applications under the COVID Parklet Program. These 20 approved parklets are located at various restaurants in downtown that have allowed outdoor dining opportunities even with restrictions on indoor dining.

All 20 parklets meet the guidelines for the COVID Parklet Program. 5 parklets have deck-like structures as specified in the Pilot Parklet Program, but this was not required in order to keep cost and installation at a minimum under the COVID Parklet Program. None of the current parklets would meet the entire guidelines for the Parklet Pilot Program.

In November 2021, the Los Altos City Council approved a Permanent Parklet Program to go into effect at the end of the local emergency health order. As the emergency health order is still in effect, the permanent program has not been implemented.

In anticipation of the Governor planning to lift the State Emergency Health Order in February 2023, staff has reviewed the permanent parklet program as part of the City’s Outdoor Dining Program. This review has prompted staff to identify improvements to the program, which includes lessons learned from the COVID Parklet Program.

The Los Altos Chamber of Commerce and Los Altos Village Association have reviewed the attached program guides and provided initial feedback that has been incorporated into the documents. 5 Agenda Item 1.

Subject: City of Los Altos Outdoor Dining Program
January 24, 2023 Page 4
City staff plans to present to the Los Altos Chamber of Commerce Government Affairs Committee on February 1, 2023 and have a direct Q&A session with business owners on February 2, 2023 where the programs with any amendments from the City Council Study Session will be presented for feedback.

City staff plans to return to City Council on February 14, 2023 with any necessary changes for formal approval of the Los Altos Outdoor Dining Program. At this meeting, City staff will request the following items:
 Extend the current COVID parklet program through June 30, 2023  Adopt the City of Los Altos Resolution No. 2023-XX to amend the Los Altos Parklet Program  Adopt the City of Los Altos Resolution No. 2023-XX to establish the Los Altos Sidewalk Dining Program
 Adopt the City of Los Altos Resolution No. 2023-XX to amend the Los Altos Outdoor Display Program
Discussion/Analysis
Parklet Program
Through the Pilot and COVID parklet programs and continued outreach with the business community, staff have learned a great deal about what will encourage restaurants to build and sustain great outdoor dining in Los Altos.

Staff recommends that the Permanent Parklet Program will go into effect once the current emergency health order expires. The City will allow current parklets to continue to operate under the COVID Parklet Program should this occur prior to June 30, 2023.

The amended long-term parklet program incorporates lessons learned through crafting both programs, seeing parklets built out under the COVID Parklet Program, and identifies some of the shortcomings in the programs that may be improved moving forward to maintain the high-level of parklets in downtown Los Altos.

Required adjustments to the Los Altos Parklet Program due to regulations include:
 Require greater distance from centerline to ensure safer vehicular traffic for emergency vehicles.
 Protected dining area with concrete barriers and metal railings instead of wine barrels for California ABC compliance.
 Canopy structures are prohibited for Fire Code compliance.

Proposed adjustments to the Los Altos Parklet Program due to lessons learned include:
 Require all parklets to include a wood platform structure that meets the sidewalk grade.  Parklets limited to whichever is greater of either:
6 Agenda Item 1.

Subject: City of Los Altos Outdoor Dining Program
January 24, 2023 Page 5
(1) All parking stalls within primary building frontage (2) Four angular (on Main) or two parallel (on State) parking stalls.  Establish annual program fee.

Changes to the program would go into effect thirty days after adoption, however restaurants will be allowed to begin the application process immediately. City staff will conduct an initial application review and on-site inspection along with regular checks to verify that the parklets are being maintained and comply with the Program Guide and applicable code requirements.

Sidewalk Dining Program
Currently, sidewalk dining is permitted under the Outdoor Display Program. Applicants apply to place outdoor dining furniture and outdoor displays as part of the same program. This process is illogical in that sidewalk dining and any outdoor displays should be divided into two categories with separate requirements. Staff recommends City Council adopt the Sidewalk Dining Program as part of the overall Outdoor Dining Program.

Businesses will have the option to apply for a Parklet Program Application or Sidewalk Dining Application. This will ensure that businesses identify the best outdoor dining option for each business and their customers.
7 Agenda Item 1.

City of Los Altos
Parklet Program Guide
January 2023
8 Agenda Item 1.

Overview
This program guide describes the procedures existing and proposed downtown businesses must follow to be permitted for outdoor dining within the public right-of-way immediately adjacent to the establishment. Interested businesses must provide a complete submittal with all required documents and the initial application fee to the City of Los Altos for consideration.

Approved dining areas are executed by a City Removal & Maintenance Agreement that is reviewed annually for operational standards set forth within this Program Guide. Each approved dining area shall be automatically renewed each year unless otherwise determined during its annual review.

City staff will complete an annual inspection in addition to ongoing monitoring to verify and ensure aesthetics, cleanliness, and the approved precise seating layout of the dining area are maintained. Approved dining areas shall remain safe and compliant with all applicable accessibility standards including but not limited to the Americans with Disabilities Act Accessibility Standards and Chapter 11B of the California Building Code, Los Altos Municipal Code, or other applicable laws.

Any inspections performed by the City are for its sole and exclusive benefit and for the benefit of the general public, and a business owner should not rely on the fact that the City has performed an inspection as evidence that the business’ dining area is safe or compliant with applicable accessibility standards including but not limited to the Americans with Disabilities Act Accessibility Standards and Chapter 11B of the California Building Code, Los Altos Municipal Code, or other applicable laws.
9 Agenda Item 1.

Parklet Design Specifications
Location
 Shall be installed at businesses that provide table service with items delivered and/or carried away by an employee.
 Shall utilize the length of their primary building frontage only or a maximum of four angular parking spaces for Main Street or two parallel parking spaces for State Street.  Shall receive written permission from both neighboring business owner and property owner to place parklet in front of neighboring business.  Shall maintain a minimum distance of 15 feet from the centerline of Main Street and 11 feet from the centerline of State Street to the most outer edge of the parklets barriers or as determined by the Public Works Director for sight visibility and safety.  Shall ensure access to utility panels, vaults, boxes, hatches, manholes, storm drains, and similar items.

Platform Structure
 Shall be made of ipe wood decking or similar wood product.  Shall have impermeable layer under deck across entire square footage of platform to prevent any debris from falling below platform.
 Shall have impermeable edging to prevent any entry points for critters.  Shall be textured or treated with a non-skid coating on a regular basis.  Shall be flush with the sidewalk without a horizontal or vertical separation greater than 1/2 inch. Vertical separations between 1/4 inch and 1/2 inch high shall be beveled with a slope not steeper than 1:4 (25%).
 Shall not be bolted into the street or sidewalk.
 Shall have drain cover to ensure free flow of water along curb.  Shall meet all additional building requirements.

Barriers
 Barriers will have two major components as seen in the example below:
o Gray rectangular concrete planter every eight linear feet that is 16 inches wide, 48 inches long, and 42 inches high.
o Brown 42-inch high railing that has a 2 inch x 3 inch tube steel frame with 5/8- inch metal rod infill.
10 Agenda Item 1.
 Planter must maintain fresh plants that may flow out from the barrier.  Shall not have any display of art or any other information on barrier.  Shall be constructed to enclose the entire perimeter of the parklet to ensure that patrons of each establishment only enter and exit from the adjacent sidewalk.

Accessibility
 Shall provide access to and throughout the seating areas by meeting the minimum requirements for accessibility based on the Americans with Disabilities Act 2010 Accessibility Standards, the current California Building Code (CBC), Chapter 11B – Accessibility, as well as other applicable standards and guidelines. o A business owner is strongly encouraged to engage the services of a Certified Access Specialist. The City does not guarantee that a parklet designed in accordance with City standards will comply with applicable disability access laws.
 Minimum 5% of all outdoor seating to be accessible and identify all the accessible tables with the International Symbol of Accessibility.
 Shall provide the specific requirements for accessible routes leading to and through the parklets including clear width, slope, cross slope, vertical transitions, protruding object/headroom hazards, and openings along the circulation path.

Furniture
 Shall be made of high-quality metal or wood material.  Shall replace outdoor dining furniture on a regular basis.  Businesses must bring all furniture, except for dining tables, inside their business outside of posted operating business hours.

Lighting
 Shall be LED Bistro Lights rated for outdoor use in clear color only.  Shall be installed in accordance with state and local electric code requirements and manufacturer’s instructions.
 Shall be plugged directly into outlet.
 Shall not be lower than 8 feet in height.

Heating
 Propane heat lamps are prohibited.
 Electric heat lamps are permitted on a case-by-case basis.

Tents & Canopies
 Tents and canopies are prohibited.

Umbrellas
 Secure umbrellas down with umbrella stand.
11 Agenda Item 1.
 Shall have a headroom clearance of 80” minimum high.
 All umbrellas shall be uniform in color for each parklet with no advertising or signage.

Other requirements
 Demonstrate that the parklet is regularly used by customers and maintained by the business owner.
 Businesses shall include area in ABC license.
 Abide by all other restrictions placed by the City of Los Altos not outlined in this guide.

No private garbage cans, bus stations, or dish collectors may be located in dining areas.

Submittal Fee
Applicants must submit a one-time initial application fee of $500 to cover the costs of reviewing the initial application, construction, and approval of the parklets.

By every December 31st, in alignment with the business license and downtown parking permit deadlines, applicants will provide a signed copy of the application, signed permit agreement, updated liability insurance documents, and a check for the parklet fee.

The annual parklet renewal fee will of $3.00 per square foot. For example, the average parking stall is 8 feet by 16 feet for a square footage of 128 multiplied by the 4 parking stall total would equal 512 square feet. If you multiply 512 square feet by the $3.00 per square foot fee, a business would pay an annual fee of $1,536 for a four parking stall parklet.

Submittal Requirements
Completed Los Altos Parklet Program Application
Signed City Removal & Maintenance Agreement
Precise layout plan for the proposed parklet, including the parking spaces proposed for parklet, precise floor plan of tables, description and schematic of barrier, lighting and power plan that includes details of the wiring and power source, and disability access plan1
Certificate of liability insurance
Please submit all the above required documents to the City of Los Altos for review through email to [email protected].

1 The City is not responsible for determining whether the disability access plan complies with the Americans with Disabilities Act or other applicable disability access laws. Every business owner that participates in the parklet program is strongly encouraged to engage the services of a Certified Access Specialist. 12 Agenda Item 1.

City of Los Altos
Sidewalk Dining
Program Guide
January 2023
13 Agenda Item 1.

Description
This program guide describes the procedures existing and proposed downtown businesses must follow to be permitted for outdoor dining within the public right-of-way immediately adjacent to the establishment. Interested businesses must provide a complete submittal with all required documents and the initial application fee to the City of Los Altos for consideration.

Design Specifications
Location
 Shall maintain at least a 5-foot wide minimum clearance along the sidewalk to provide an accessible route along the existing public right of way.  Shall ensure that pedestrians have a safe route from parked vehicles to the sidewalk.  Shall receive written permission from both neighboring business owner to place sidewalk dining in front of neighboring business.

Accessibility
 Shall provide access to and throughout the seating areas by meeting the minimum requirements for accessibility based on the Americans with Disabilities Act 2010 Accessibility Standards, the current California Building Code (CBC), Chapter 11B – Accessibility, as well as other applicable standards and guidelines. o A business owner is strongly encouraged to engage the services of a Certified Access Specialist. The City does not guarantee that a dining area designed in accordance with City standards will comply with applicable disability access laws.
 Minimum 5% of all outdoor seating to be accessible and identify all the accessible tables with the International Symbol of Accessibility.
 Shall provide the specific requirements for accessible routes leading to and through the dining areas including clear width, slope, cross slope, vertical transitions, protruding object/headroom hazards, and openings along the circulation path.

Furniture
 Shall be made of high quality metal or wood material.  Shall replace outdoor dining furniture on a regular basis.  Businesses must bring all furniture, except for dining tables, inside their business outside of posted operating business hours.

Umbrellas
 Secure umbrellas down with umbrella stand.
 Must have a headroom clearance of 80” minimum high.
 All umbrellas shall be uniform in color for each table with no advertising or signage.

Other requirements
 Demonstrate that the dining area is regularly used by customers and maintained by the business owner.
 Businesses must include area in ABC license.
 Abide by all other restrictions placed by the City of Los Altos not outlined in this guide.  No private garbage cans, bus stations, or dish collectors may be located in dining areas. 15 Agenda Item 1.

Submittal Fee
Applicants must submit a one-time initial application fee of $250 to cover the costs of reviewing the initial application and approval of the sidewalk dining.

By every December 31st, in alignment with the business license and downtown parking permit deadlines, applicants will need to provide a new signed copy of the application, signed permit agreement, updated insurance documents, and a check for the Council-approved fee.

The annual sidewalk dining fee will be $3.00 per square foot. For example, a sidewalk dining area may be 4 feet wide and 25 feet long. If you multiply 100 square feet by the $3.00 per square foot fee, a business would pay an annual fee of $300 for their sidewalk dining permit.

Submittal Requirements
Completed Los Altos Sidewalk Dining Program Application Signed City Removal & Maintenance Agreement
Layout plan for the proposed dining area project, including the precise floor plan of tables, description and schematic of barrier, and disability access plan1 Certificate of insurance
Please submit all the above required documents to the City of Los Altos for review through email to [email protected].

1 The City is not responsible for determining whether the disability access plan complies with the Americans with Disabilities Act or other applicable disability access laws. Every business owner that participates in the dining area program is strongly encouraged to engage the services of a Certified Access Specialist. 16 Agenda Item 1.

City of Los Altos
Outdoor Display Guide
January 2023
17 Agenda Item 1.

The following needs to be submitted in order to process an outdoor display permit for the downtown triangle area only:
 Completed application form
 $100 annual fee (updated annually within the fee schedule)  Dimensioned diagram or photograph of display object
 Dimensioned diagram of proposed sidewalk location
 Certificate of liability insurance

PURPOSE OF GUIDELINES
Signs and other display objects, which are appropriately designed and placed, can be an asset to the downtown business district. While these types ofdisplays may be more traditionally located on private property, the City Council has decided to allow limited use of the public sidewalk for this purpose. The intent is to allow signs and other display objects which are complementary to the appearance ofthe business district and are safe for pedestrians.

OUTDOOR DISPLAY PERMIT REQUIREMENTS
The Development Services Director may authorize the placement ofA-frame or similar signs, flowerpots, flower carts, statues, or othersimilar decorative display items on either private property or the public sidewalk in the downtown triangle area in accordance with the following:

1. A sidewalk display permit shall be obtained from the City of Los Altos. Such permitshall be issued only when in the opinion ofthe Development Services Director that the sign or other display object would not have an adverse affect on nearby public and private properties.

2. The applicant shall hold the City, its officers, agents, employees, and volunteers harmless from all damages, costs or expenses in law or equity that may at any time arise because of damage to property or personal injury received by reason of or in the course of displaying a sign or other display object in the public right-of-way.

3. The applicant shall obtain and maintain insurance against injuries to persons or damages to property, which may arise. The City ofLos Altos and its officers, agents, employees, and volunteers shall be named as "insured" in the insurance policy.

Expiration or cancellation of insurance will automatically revoke the sidewalk permit.

4. Except as otherwise provided by these guidelines, the sign or other display object, including railing or other similar enclosures, shall be located only on a public sidewalk and directly in front ofthe applicant's business.

5. The sign or other display object must be appropriately designed, executed, and maintained so as to be complementary to the appearance and operation ofthe business district. Signs, including outdoor dining area railing or other similar enclosures, shall be wood or metal.

Plastic signs or furniture are not permitted. Signs or furniture that are not maintained appropriately will result in the revocation of the outdoor display permit. 18 Agenda Item 1.

6. The sign or other display object shall utilize materials that are intended for outdoor use.

7. A-frame signs are subject to design review and are not permitted to simply advertise a business address, phone number, or list of products and prices.

8. A-frame signs are only permitted during listed business operating hours.

9. Noncompliance with the maintenance agreement will result in the revocation of the sidewalk display permit.

10. Guidelines for encroachments on public sidewalks:
a. Minimum horizontal clearance from curb: 2 feet
b. Minimum pedestrian pathway: 5 feet
c. Minimum height of object: 30 inches
d. Maximum height of object: 60 inches
e. Maximum sign area: 6 square feet
19 Agenda Item 1.

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]
20 Agenda Item 1.

From: Pat Marriot
To: Public Comment
Subject: PUBLIC COMMENT ITEM #1 STUDY SESSION JANUARY 24, 2023 Date: Friday, January 20, 2023 12:26:05 PM
Attachments: downtown sales tax 3.pdf
Council Members:

Regarding the outdoor dining program, whatever your decision, I hope you have some data behind it.

When I was on the Downtown Buildings Committee many years ago, I thought it would be good to know what impact new buildings and businesses (Safeway, Cetrella, Pharmica, First Street condos) had on sales tax.

I discovered that neither the Chamber of Commerce nor LAVA tracked downtown sales tax. As far as I know, the city gets sales tax data from the county, which does not break out the downtown triangle. However, Marcia Sommers, who was the city manager during the DBC meetings, gave me specific numbers for downtown, used to create the attached spreadsheet.

Those numbers came from HdL.

Since there is continued focus on downtown vibrancy, I would like the city to track downtown sales tax. No matter how many people we see downtown, no matter how many parking spots are occupied, it seems the most important measure of success/vibrancy/vitality is economic.

Thanks for listening,
Pat Marriott
21 Agenda Item 1.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
22 Agenda Item 1.

From: LaDon Detro
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM ##- MEETING DATE STUDY SESSION Date: Monday, January 23, 2023 11:59:56 AM
City Council Members,
I plan on attending your meeting regarding the Parklets in Los Altos but want my comments read by the Council Members prior to the meeting.

Thank you for allowing comments from the residents and visitors to Los Altos, as it has a big impact on both pedestrian traffic as well as vehicles trying to navigate our downtown streets.

1. I think the current parklets extend too far into the street, some way beyond what is painted as a parking space. I watched a fire truck try to turn right onto Main Street from First Street, right in front of the Post Restaurant. The truck had to wait until all traffic was clear in both directions on Main Street so that it could make a big enough turn to avoid hitting the Parklet in front of the Post. It took some time to maneuver the turn to avoid the barrels and had to use both lanes on Main Street to do it.

2. I also think that some Parklets have too much space. I am aware that they have to have permission to use the storefront parking in front of another business. It takes away from the charm of a small town and turns it into the priority of that one particular business to seat as many people as possible. It shouldn't be the town's responsibility to accommodate the seating for customers at the expense of the atmosphere of the town.

3. The Parklets should have a standard theme, all constructed from the same material and have a common design. They should all be consistent and only differentiate by the personality of each establishment. I agree that the barrels should go, they do not serve as a safe barrier. 4, The white plastic structure in the street on State Street/Fourth is totally unacceptable. It goes way beyond a Parklet and has become a new dining room for the restaurant it represents.

It definitely takes away the charm of the neighborhood and obstructs cars from being able to see oncoming traffic when making a right hand turn from Fourth Street onto State Street going towards 3rd Street. I don't understand how this has been acceptable, as it doesn't follow your current guide lines.

5. Maintenance of the Parklets has been an issue for sure. If plants are being used to personalize the space, then they should be properly maintained. Dead plants must be removed out of respect for pedestrians and other business owners.

6. If the traffic has been greatly impacted by the Parklets, one way streets could be a consideration. It would definitely make the streets safer for drivers and safer for customers sitting in the Parklets. Don't wait for a terrible accidents to happen before making a change.

7. There should be NO tables or heaters located on the sidewalks. The sidewalk in front of a restaurant on Main had tables with clients seated at them directly on the sidewalk. I had to navigate my way around the tables and the food servers. There is no way a person with a wheel chair could have passed that store front easily.

8. Politics and special treatment have no place when it comes to the safety of our town, the Parklets should work for everyone, not just for specific establishments. They should all have 23 Agenda Item 1.
the same ADA considerations and be executed the same way. Parking should be a big concern, it should take priority over the the extended sizes of the Parklets. The Parklet should only be directly in front of each establishment requesting it. Dropping someone off in front of a restaurant or store has become the problem of the person, not the establishment. It is somewhat of a problem when it comes to trying to protect the elderly who are trying to get to a business that is buried by an extended Parklet forcing them to park/walk further away.

Thank you again for reaching out to the public,
LaDon Detro
24 Agenda Item 1.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
25 Agenda Item 1.

From: Jeanine Valadez
To: Sally Meadows; Jonathan Weinberg; Neysa Fligor; Lynette Lee Eng; Pete Dailey Cc: Gabriel Engeland; Jon Maginot; Anthony Carnesecca; Angel Rodriguez; Public Comment Subject: Public Comment Study Session Agenda Item #1 2023_01_24 Date: Tuesday, January 24, 2023 4:34:41 AM
Attachments: 2023 01 24 City of Los Altos Parklet Program Guide DRAFT j9 edits.pdf 2023 01 24 City of Los Altos Sidewalk Dining Program Guide DRAFT j9 edits.pdf Re: City Council Study Session 2023_01_24 - Item #1 Los Altos Outdoor Dining Mayor Meadows, Vice Mayor Weinberg, Councilmembers Dailey, Fligor, and Lee Eng, Apologies for being late. I hereby attach two documents that reflect my public comments, questions, and suggested edits to the Parklet Program Guide and the Sidewalk Dining Guide. Please read the Parklet document first because it is more important and I have included much more explanation for my edits, many of which also appear in the Sidewalk Dining guide with less explanation. I am very supportive of both programs; however, I believe there are many ambiguities that need clarification and several additions required to make sure that all parties understand their responsibilities. I really want the programs to succeed.

I am attaching the blue-lines in PDF format, but I can make the Word versions available to you if you wish.

Angel, would you please include this cover letter in my Public Comment prior to the two attachments? Then list the Parklet blue lines first, followed by the Sidewalk Dining bluelines. Thank you.

Thanks for your consideration,
Jeanine Valadez
Disclosure: I am a PARC commissioner but am submitting this as a member of the public.
26 Agenda Item 1.
27 Agenda Item 1.

Overview
This program guide describes the procedures that existing and proposed downtown businesses must follow to be permitted for outdoor dining within the street public right-of-way immediately adjacent to the establishment. Such dining areas shall be called “parklets.” Interested businesses must provide a complete submittal with all required documents and the initial application fee to the City of Los Altos for consideration. [Comment: I say “street" because this program guide does not include dining areas on the sidewalk; also, using the word “adjacent” implies that any adjacency is sufficient; therefore, parklets aside or behind a business should accordingly be allowed. Is this Staff’s/Council’s intent? The answer should be yes, to allow maximum options for locations to spread out. But if your intent is to limit parklets to frontage, you should say so here. What about dining establishments in parking plazas? On the numbered streets? San Antonio? If your intent is that parklets may only exist on State and Main, you should say so. Bottom line, this guide should state upfront where parklets may be installed in our city (this is why I am calling this guide the Downtown Parklet Program Guide; of course if you intended that parklets may be established elsewhere in the city, you should say so.]
Approved dining areasparklets are executed by a City Removal & Maintenance Agreement that is reviewed annually for operational standards set forth within this Program Guide. Each approved dining areaparklet shall be automatically renewed each year unless otherwise the parklet fails to meet the specifications described in this Guide, as determined during its annual review [Comment: my edit makes it clear that this is a pass/fail consideration per the specs herein described or referenced. The text as written leaves the impression that there are unspecified conditions under which a renewal might not be granted. This imparts ambiguity and an air of possible non-objective judgement. If there are indeed such unstated considerations for discontinuing an approved dining area, they should be listed in this Guide.].

City staff will complete an annual inspection in addition to ongoing monitoring to verify and ensure that aesthetics, cleanliness, and the approved precise seating layout of the dining areaparklet are being maintained. [Grammatical edit: “that” must precede a noun list when a verb clause follows the noun list. If you don’t want to use “that,” the use this alternative sentence:
“…to verify and ensure maintenance of aesthetics, cleanliness, and the approved precise seating layout of the dining area.”]
Approved dining areasparklets shall remain safe and compliant with all applicable accessibility standards including, but not limited to, the Americans with Disabilities Act Accessibility Standards and Chapter 11B of the California Building Code, Los Altos Municipal Code, or other applicable laws. A business owner is solely responsible for assuring such compliance. Therefore, Aany inspections performed by the City are for its sole and exclusive benefit and for the benefit of the general public, and a business owner should not rely on the fact that the City has performed an inspection as evidence that the business’ dining areaparklet is safe or compliant with applicable accessibility standards listed above including but not limited to the Americans with Disabilities Act Accessibility Standards and Chapter 11B of the California Building Code, Los Altos Municipal Code, or other applicable laws.
[I recommend you add a statement describing who has the right to access each parklet. In many other cities, permanent parklets and sidewalk dining areas are considered to remain in the public right of way and therefore are considered open to public access. In those cities, even during 28 Agenda Item 1.
business hours, the public has the right to access the area regardless of their patronage of the business that has set up the area. Moreover, you cannot limit outside food or drink. In some cities, furniture must be left out to provide “community benefit.” I found that San Mateo considers parklets private space under the control of the permit holder. It seems to me that a fair compromise might be to grant some sort of exclusivity to parklets during business hours (probably cannot limit outside food and drink), but open the areas to the public for their use during special events (like parades or fairs) and anytime the business is closed. Business owners may take in all furniture but tables with the understanding that the public may use those tables. ] 29 Agenda Item 1.

Parklet Design Specifications (in general, all the
headings and bullets below should be numbered to ease
references)
Location
• Shall be installed at businesses that provide table service with items delivered and/or carried away by an employee.
• Shall utilize the length of their primary building frontage only or a maximum of four angular parking spaces for Main Street or two parallel parking spaces for State Street, whichever is greater. [Comment: as commented in the Overview section, this document as written does not address specifics when dining businesses face streets other than State and Main. Does Sumika get a parklet? Does Amandine? Yoshi Sushi? State of Mind? Future businesses not on State and Main?] • Shall receive written permission from both neighboring business owner and property owner to place parklet in front of neighboring business. [As written, this bullet imparts that one person (EITHER the neighboring business owner or the property owner) can trump conformance with the prior bullet and prevent overlap. Is this your intent? Also, does this mean that, to incentivize achieving neighbor’s approval of the overlapping parklet, or as a cost-sharing concept, or in goodwill, a business may, in accordance with the rules in the prior bullet, offer that overlapped neighboring business non-dining functionality in the parklet, such as reading space, lounging space, performance space, display space, sidewalk sales space, or special author/celebrity signing space, etc.?]
• Shall maintain a minimum distance of 15 feet from the centerline of Main Street and 11 feet from the centerline of State Street to the most outer edge of the parklets barriers or as determined by the Public Works Director for sight visibility and safety. [Comment: this requirement seems to state that parklets shall ONLY exist on State and Main. Is that your intent?]
• Shall ensure access to utility panels, vaults, boxes, hatches, manholes, storm drains, and similar items. [Comment: if any such features are beneath where a given parklet wooden platform may otherwise exist, will the platform be prohibited? Or will an access mechanism, such as a removable section, or hinged trapdoor be allowed? If allowed, guide should state this and refer owner to applicable design criteria elsewhere in this Guide or in another spec or code.]
• [Is there any consideration for a dining business that has both a sidewalk dining area and a parklet that might create locational constraints you need to add to this guide?] Platform Structure
• Shall be made of ipe wood decking or similar wood product. [Please require sustainably source wood; the use of most tropical hardwoods negatively impact our rainforests. Wood planks may be separated by gaps no wider than ½ inch.]
• Shall have impermeable layer under deck across entire square footage of platform to prevent any debris from falling below platform. [Comment: while the intent here is good, keep in mind that an impermeable layer directly beneath the wood creates two negative effects: 1) during rain or hosing, water will stay in the crevices and atop 30 Agenda Item 1.
the surface longer, which will be a disincentive for customers, and 2) retaining moisture/water right next to the wood will accelerate rot, especially if food matter sits in that wetness in the crevices. Whether caused by rain or hosing, keeping water on or beside the wood is not good for the platform. I would suggest instead requiring the platform to be constructed in small enough sections so that periodic lifting of sections to clean out the street under the platform is achievable by business staff (or service providers they hire for the job. Alternatively, you could allow a water permeable yet solid covering atop the platform so that debris is not able to fall below the platform.)
• Shall have impermeable edging to prevent any entry points for critters or street debris. • Shall be textured or treated with a non-skid coating on a regular basis. • Shall be flush with the sidewalk without a horizontal or vertical separation greater than 1/2 inch. Vertical separations between 1/4 inch and 1/2 inch high shall be beveled with a slope not steeper than 1:4 (25%).
• Shall not be bolted into the street or sidewalk.
• Shall have drain cover to ensure free flow of water along curb. • Shall meet all additional building requirements as specified in XXXX. • Does the platform need to be fully level? Or may it slope? If so, how much? (Keep ADA in mind.) Are there related implications as to surface water flow/drainage from the platform into the street or sidewalk?
Barriers
• Barriers will have two major components as seen in the example below:
o Gray rectangular concrete planter every eight linear feet that is 16 inches wide, 48 inches long, and 42 inches high.
o Brown 42-inch high railing that has a 2 inch x 3 inch tube steel frame with 5/8- inch metal rod infill.
31 Agenda Item 1.
• Planter must maintain fresh plants that may flow out from the barrier. • Shall not have any display of art or any other information on barrier. [No exception for donor/sponsor attribution name plate?]
• Shall be constructed to enclose the entire perimeter of the parklet to ensure that patrons of each establishment only enter and exit from the adjacent sidewalk.

Accessibility
• Shall provide access to and throughout the seating areas by meeting the minimum requirements for accessibility based on the Americans with Disabilities Act 2010 Accessibility Standards, the current California Building Code (CBC), Chapter 11B – Accessibility, as well as other applicable standards and guidelines. o A business owner is strongly encouraged to engage the services of a Certified Access Specialist. The City does not guarantee that a parklet designed in accordance with City standards will comply with applicable disability access laws.
• Minimum 5% of all outdoor seating to be accessible and identify all the accessible tables with the International Symbol of Accessibility.
• Shall provide the specific requirements for accessible routes leading to and through the parklets including clear width, slope, cross slope, vertical transitions, protruding object/headroom hazards, and openings along the circulation path.

Furniture
• Shall be made of high-quality metal or wood material. • Shall replace outdoor dining furniture on a regular basis. • Businesses must bring all furniture, except for dining tables, inside their business outside of posted operating business hours.

Lighting
• Shall be LED Bistro Lights rated for outdoor use in clear color only. [Are there exceptions or holiday seasons?]
• Shall be installed in accordance with state and local electric code requirements and manufacturer’s instructions.
• Shall be plugged directly into outlet.
• Shall not be lower than 8 feet in height.

Heating
• Propane heat lamps are prohibited.
• Electric heat lamps are permitted on a case-by-case basis.

Tents & Canopies
• Tents and canopies are prohibited. [So no rain/wind protection?] Umbrellas
• Secure umbrellas down with umbrella stand.
32 Agenda Item 1.
• Shall have a headroom clearance of 80” minimum high.
• All umbrellas shall be uniform in color for each parklet with no advertising or signage.

Other requirements
• Demonstrate that the parklet is regularly used by customers and maintained by the business owner.
• Businesses shall include area in ABC license.
• Abide by all other restrictions placed by the City of Los Altos not outlined in this guide.

No private garbage cans, bus stations, or dish collectors may be located in dining areas. • Will the city allow outdoor food preparation in the parklet? If so, is a special permit required?
Site Maintenance
[Need to add a section for this.

1. Cleaning/sweeping requirements. How often and what means are allowed?

2. No cleaning runoff to the Bay (city storm water management reference?

3. Must have access to curb

4. Periodic cleaning under platform. How often?

5. Plant/planter maintenance/blight

6. Umbrella maintenance
Submittal Fee
Applicants must submit a one-time initial application fee of $500 to cover the costs of reviewing the initial application, construction, and approval of the parklets.

Please submit all the above required documents to the City of Los Altos for review through email to [email protected].

Every applicant is required to schedule an on-site meeting with a City staff representative prior to an application submission. If you have any questions regarding parklets, please contact the City of Los Altos at (650) 947-2620 or [email protected]. [Are there any during- or post-construction inspections or reviews?] 1 The City is not responsible for determining whether the disability access plan complies with the Americans with Disabilities Act or other applicable disability access laws. Every business owner that participates in the parklet program is strongly encouraged to engage the services of a Certified Access Specialist. 34 Agenda Item 1.
35 Agenda Item 1.

Description
Description
This program guide describes the procedures that existing and proposed downtown businesses must follow to be permitted for outdoor dining on the sidewalk1 within the public right-of-way immediately adjacent to the establishment. Interested businesses must provide a complete submittal with all required documents and the initial application fee to the City of Los Altos for consideration. [Comment: I say “sidewalk" to distinguish this guide from the parklet guide; I define sidewalk per state code in the footnote below. Also, using the word “adjacent” implies that any adjacency is sufficient; therefore, sidewalk dining areas aside or behind a business should accordingly be allowed. Is this Staff’s/Council’s intent? The answer should be yes, to allow maximum options for locations to spread out. But if your intent is to limit sidewalk dining to frontage, you should say so here. What about dining establishments on the numbered streets? San Antonio? If your intent is that sidewalk dining may only exist on State and Main, you should say so. Bottom line, this guide should state upfront where sidewalk dining may be installed in our city.] Approved sidewalk dining areas are executed by a City Removal & Maintenance Agreement that is reviewed annually for operational standards set forth within this Program Guide. Each approved dining area shall be automatically renewed each year unless the sidewalk dining area fails to meet the specifications described in this Guide, as otherwise determined during its annual review.

Approved sidewalk dining areas shall remain safe and compliant with all applicable accessibility standards including but not limited to the Americans with Disabilities Act Accessibility Standards and Chapter 11B of the California Building Code, Los Altos Municipal Code, or other applicable laws.

A business owner is solely responsible for assuring such compliance. Therefore, aAny inspections performed by the City are for its sole and exclusive benefit and for the benefit of the general public, and a business owner should not rely on the fact that the City has performed an inspection as evidence that the business’ sidewalk dining area is safe or compliant with applicable accessibility standards, as listed above including but not limited to the Americans with Disabilities Act Accessibility Standards and Chapter 11B of the California Building Code, Los Altos Municipal Code, or other applicable laws.
[I recommend you add a statement describing who has the right to access each sidewalk dining area. In many other cities, permanent parklets and sidewalk dining areas are considered to remain in the public right of way and therefore are considered open to public access. In those cities, even during business hours, the public has the right to access the area regardless of their patronage of the business that has set up the area. Moreover, you cannot limit outside food or drink. In some cities, furniture must be left out to provide “community benefit.” It seems to me that a fair compromise might be to grant some sort of exclusivity to sidewalk dining areas during 1 As defined in Ca. Veh. Code § 555, "Sidewalk" is that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel. 36 Agenda Item 1.

Description
business hours (probably cannot limit outside food and drink), but open the areas to the public for their use during special events (like parades or fairs) and anytime the business is closed.

Business owners may take in all furniture but tables with the understanding that the public may use those tables. ]
37 Agenda Item 1.

Design Specifications
Design Specifications (in general, all the headings and bullets below should be numbered to ease references)
Location
• Shall maintain at least a 5-foot wide minimum clearance along the sidewalk to provide an accessible route along the existing public right of way. • Shall ensure that pedestrians have a safe route from parked vehicles to the sidewalk. • Shall receive written permission from both neighboring business owner to place sidewalk dining in front of neighboring business. [this bullet is unclear; seems like words are missing. Are you requiring that both business owner and property owner must approve? Or are you requiring that both neighboring businesses (presumably on each side) must approve? Other? Pls clarify.
• [Is there any consideration for a dining business that has both a sidewalk dining area and a parklet that might create locational constraints you need to add to this guide?] Accessibility
• Shall provide access to and throughout the seating areas by meeting the minimum requirements for accessibility based on the Americans with Disabilities Act 2010 Accessibility Standards, the current California Building Code (CBC), Chapter 11B – Accessibility, as well as other applicable standards and guidelines. o A business owner is strongly encouraged to engage the services of a Certified Access Specialist. The City does not guarantee that a dining area designed in accordance with City standards will comply with applicable disability access laws.
• Minimum 5% of all outdoor seating to be accessible and identify all the accessible tables with the International Symbol of Accessibility.
• Shall provide the specific requirements for accessible routes leading to and through the dining areas including clear width, slope, cross slope, vertical transitions, protruding object/headroom hazards, and openings along the circulation path.

Furniture
• Shall be made of high quality metal or wood material. • Shall replace outdoor dining furniture on a regular basis. • Businesses must bring all furniture, except for dining tables, inside their business outside of posted operating business hours.

Lighting
• Add lighting allowances.

Heating
• Add heating allowances.

Umbrellas 38
Agenda Item 1.

Design Specifications
• Secure umbrellas down with umbrella stand.
• Must have a headroom clearance of 80” minimum high.
• All umbrellas shall be uniform in color for each table with no advertising or signage.

Other requirements
• Demonstrate that the dining area is regularly used by customers and maintained by the business owner.
• Businesses must include area in ABC license.
• Abide by all other restrictions placed by the City of Los Altos not outlined in this guide. • No private garbage cans, bus stations, or dish collectors may be located in dining areas.

Site Maintenance
[Need to add a section for this.

1. Cleaning/sweeping requirements. How often and what means are allowed?

2. No cleaning runoff to the Bay (city storm water management reference?

3. Umbrella maintenance
39 Agenda Item 1.

Submittal Fee
Submittal Fee
Applicants must submit a one-time initial application fee of $250 to cover the costs of reviewing the initial application and approval of the sidewalk dining.

Every applicant is required to schedule an on-site meeting with a City staff representative prior to an application submission. If you have any questions regarding the dining areas or dining area application process, please contact the City of Los Altos Economic Development team at (650) 947-2620 or [email protected].
[Are there any during- or post-construction inspections or reviews?] 1 The City is not responsible for determining whether the disability access plan complies with the Americans with Disabilities Act or other applicable disability access laws. Every business owner that participates in the dining area program is strongly encouraged to engage the services of a Certified Access Specialist. 40 Agenda Item 1.

January 24, 2023
Study Session Discussion: Los Altos Outdoor Dining
Honorable Mayor Meadows and Members of the City Council, We, the steering committee of Los Altos Community Voices, are writing to share our strong support for a permanent Los Altos Outdoor Dining Program as outlined in the study session report. The existing parklet program has proven to be extremely popular and a benefit to our downtown and its businesses as we adjust to the new era of dining and social interaction.

As you craft the permanent program, please emphasize the aesthetics and safety of the permanent installations as outlined in proposed City of Los Altos Parklet Program Guide. Balance those recommendations with input from our restaurants and businesses about potential design and cost implications and modify the proposal as needed. The program should not put anyone out of business but rather incentivize participation.

With the assurance of a permanent program, we hope restaurants will be willing and able to invest in improved facilities to attract even more patrons to our great restaurants and downtown!
Sincerely,
Robin Abrams, Kim Cranston, Cathy Lazarus, Bill Sheppard, Marie Young Los Altos Community Voices Steering Committee
41 Agenda Item 1.

From: Pat Marriot
To: Public Comment
Subject: RE: PUBLIC COMMENT ITEM #1 STUDY SESSION JANUARY 24, 2023 Date: Tuesday, January 24, 2023 3:43:04 PM
Council Members:

I’d like to add one more request re tracking sales tax downtown.

A baseline year should be specified. Maybe it’s 2019 pre-COVID. Then show the following three COVID years, during which time parklets started to be built. We need some history in order to judge the future.

BTW, I would like to see “vibrancy” and “vitality” erased from our vocabulary as we consider downtown issues. Councilmember Dailey noted (Jan 10) “city character” is not allowed when discussing housing issues because it’s meaningless. Vibrancy and vitality fall into that same category.

Thank you,
Pat Marriott
From: Pat Marriot
Sent: Friday, January 20, 2023 12:26 PM
To: [email protected]
Subject: PUBLIC COMMENT ITEM #1 STUDY SESSION JANUARY 24, 2023 Council Members:

Regarding the outdoor dining program, whatever your decision, I hope you have some data behind it.

Those numbers came from HdL.
42 Agenda Item 1.

Thanks for listening,
Pat Marriott
43 Agenda Item 1.

Los Altos City CouncilJanuary 24, 2023

Los Altos City Council
January 24, 2023