Los Altos City Council
March 28, 2023

D. Sensitivity of the Net OPEB Liability to Changes in the Discount Rate and Healthcare Cost Trend Rates
The following presents the net OPEB liability of the City, as well as what the City's net OPEB liability would be if it were calculated using a discount rate that is 1-percentage-point lower (5.25%) or 1-percentage-point higher (7.25%) than the current discount rate:

Net OPEB Liability/(Asset)
Discount Rate -1% Current Discount Rate Discount Rate +1%

5.25% 6.25% 7.25%
$1,231,979 $781,430 $408,816
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NOTES TO BASIC FINANCIAL STATEMENTS
For the Year Ended June 30, 2022
NOTE 12 - OTHER POST EMPLOYMENT BENEFITS (OPEB) (Continued) The following table presents the net OPEB liability of the City, as well as what the City's net OPEB liability would be if it were calculated using healthcare cost trend rates that are 1-percentage-point or 1-percentage-point higher than the current healthcare cost trend rates.

The healthcare cost trend are as follows:
• Non-Medicare: 6.50% for 2022, decreasing to an ultimate rate of 3.75% in 2076 and later years.
• Medicare (Non-Kaiser): 5.65% for 2022, decreasing to an ultimate rate of 3.75% in 2076 and later years.
• Medicare (Kaiser): 4.60% for 2022, decreasing to an ultimate rate of 3.75% in 2076 and later years.

Net OPEB Liability/(Asset)
1% Decrease Current Healthcare Cost 1% Increase
Trend Rates
$338,360 $781,430 $1,332,770
E. OPEB Expense and Deferred Outflows/Inflows of Resources Related to OPEB For the year ended June 30, 2022, the City recognized OPEB expense of $1,514,725. At June 30, 2022, the City reported deferred outflows and inflows of resources related to OPEB from the following sources:

Deferred Outflows Deferred Inflows
of Resources of Resources
Employer contributions made subsequent to the measurement date $1,626,491 Net differences between projected and actual earnings on plan investments ($292,929)
Differences between expected and actual experience (858,941) Changes in assumptions 77,865 (4,422)
Total $1,704,356 ($1,156,292)
$1,626,491 reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the OPEB liability in the year ended June 30, 2022. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to OPEB will be recognized as part of OPEB expense as follows:

Year Annual
Ended June 30 Amortization
2023 ($201,775)
2024 (196,776)
2025 (198,947)
2026 (211,259)
2027 (108,140)
Thereafter (161,530)
Total ($1,078,427)
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NOTES TO BASIC FINANCIAL STATEMENTS
For the Year Ended June 30, 2022
NOTE 13 - LEASES
A. Policies
A lease is defined as a contract that conveys control of the right to use another entity’s nonfinancial asset (the underlying asset) as specified in the contract for a period of time in an exchange or exchange-like transaction. Examples of nonfinancial assets include buildings, land, vehicles, and equipment. The City recognizes lease receivable or liabilities with an initial, individual value of $300,000 or more for all funds, based on the future lease payments remaining at the start of the lease.

Lessor
The City is a lessor for noncancellable leases of buildings and facilities. The City recognizes a lease receivable and a deferred inflow of resources in the government‐wide and fund financial statements.

At the commencement of a lease, the City initially measures the lease receivable at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. The deferred inflow of resources is initially measured as the initial amount of the lease receivable, adjusted for lease payments received at or before the lease commencement date. Subsequently, the deferred inflow of resources is recognized as revenue over the life of the lease term.

Key estimates and judgments include how the City determines (1) the discount rate it uses to discount the expected lease receipts to present value, (2) lease term, and (3) lease receipts as follows:
• The City uses bond interest rate as the discount rate for leases. • The lease term includes the noncancellable period of the lease. • Lease receipts included in the measurement of the lease receivable is composed of fixed payments from the lessee.

The City monitors changes in circumstances that would require a remeasurement of its lease, and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable. 86 325
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NOTES TO BASIC FINANCIAL STATEMENTS
For the Year Ended June 30, 2022
NOTE 13 - LEASES (Continued)
Lessee
The City is a lessee for miscellaneous leases. If the lease is over the threshold, the City will recognize a lease liability and an intangible right‐to‐use lease asset (lease asset) in the government‐ wide financial statements.

At the commencement of a lease, City initially measures the lease liability at the present value of payments expected to be made during the lease term. Subsequently, the lease liability is reduced by the principal portion of lease payments made. The lease asset is initially measured as the initial amount of the lease liability, adjusted for lease payments made at or before the lease commencement date, plus certain initial direct costs. Subsequently, the lease asset is amortized on a straight‐line basis over its useful life.

Key estimates and judgments related to leases include how City determines (1) the discount rate it uses to discount the expected lease payments to present value, (2) lease term, and (3) lease payments as follows:
• The City uses the interest rate charged by the lessor as the discount rate. When the interest rate charged by the lessor is not provided, City generally uses bond interest rate as the discount rate for leases.
• The lease term includes the noncancellable period of the lease. • Lease payments included in the measurement of the lease liability are composed of fixed payments and purchase option price that City is reasonably certain to exercise.

The City monitors changes in circumstances that would require a remeasurement of its lease and will remeasure the lease asset and liability if certain changes occur that are expected to significantly affect the amount of the lease liability.

Lease assets are reported with other capital assets and lease liabilities are reported with long-term debt on the Statement of Net Position.

As of June 30, 2022, the City has no leases over the threshold subject to GASB 87 as a lessee.

B. Leases Receivable (City as Lessor)
The provisions of GASB Statement 87 were implemented during fiscal year 2022. As part of the implementation of this Statement, the City has accounted for certain lessor transactions, which required the restatement and increase of General Fund leases receivable and deferred inflows in the amounts of $6,862,926 as of July 1, 2021. As a result, the net effect on governmental activities beginning net position is zero.
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NOTES TO BASIC FINANCIAL STATEMENTS
For the Year Ended June 30, 2022
NOTE 13 - LEASES (Continued)
The summary for the leases details and balances related to leases receivable and deferred inflows of resources recorded in the General Fund as of June 30, 2022 were:

Lessee Property
Original
Lease Date
Lease Ending
Date
Term
Duration
(Years)
Remaining
Lease Term
(years)
Expiration Date
Including Options
Los Altos School District Blach Gym 8/30/2001 9/1/2121 120 100 9/1/2121 Los Altos School District Egan Gym 8/30/2001 9/1/2121 120 100 9/1/2121 (Continued below)
Lessee
Interest
Revenue
Lease
Revenue
Monthly Revenue
as of
June 30, 2022
Lease Receivable
Balance at
June 30, 2022
Deferred Inflow of
Resources at
June 30, 2022
Los Altos School District $3,689 $34,315 $2,860 $3,400,837 $3,397,148 Los Altos School District 3,689 30,626 2,860 3,400,837 3,397,148 $7,378 $64,941 $5,720 $6,801,674 $6,794,296
The future principal and interest lease receivables as of June 30, were as follows:

For the Year
Ended June 30 Principal Interest Total
2023 $61,317 $7,312 $68,629
2024 61,383 7,246 68,629
2025 61,449 7,180 68,629
2026 61,515 7,114 68,629
2027 61,582 7,048 68,629
2028-2032 308,902 34,244 343,146
2033-2037 310,566 32,580 343,146
2038-2042 312,239 30,907 343,146
2043-2047 313,921 29,225 343,146
2048-2052 315,612 27,534 343,146
2053-2057 317,312 25,834 343,146
2058-2062 319,021 24,125 343,146
2063-2067 320,740 22,407 343,146
2068-2072 322,467 20,679 343,146
2073-2077 324,204 18,942 343,146
2078-2082 325,951 17,196 343,146
2083-2087 327,706 15,440 343,146
2088-2092 329,472 13,675 343,146
2093-2097 331,246 11,900 343,146
2098-2102 333,031 10,116 343,146
2103-2107 334,824 8,322 343,146
2108-2112 336,628 6,518 343,146
2113-2117 338,441 4,705 343,146
2118-2121 672,144 2,451 674,595
Totals $6,801,674 $392,701 $7,194,374
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NOTES TO BASIC FINANCIAL STATEMENTS
For the Year Ended June 30, 2022
NOTE 14 - CONTINGENCIES
The City is presently involved in certain matters of litigation that have arisen in the normal course of conducing City business. City management believes, based upon consultation with the City Attorney, that these cases in the aggregate, although they could potentially result in a material adverse financial impact on the City, a reasonable estimate of the outcome and impacts could not be made at the financial statement issuance date.

The City participates in several Federal and State grant programs. These programs are subject to the audits by the City’s independent accountants in accordance with the provisions of the Federal Single Audit Act as amended and applicable State requirements. In addition, these programs are subject to further examination by the grantors and the amount, if any, of expenditures which may be disallowed by the granting agencies cannot be determined at this time. The City expects such amounts, if any, to be immaterial.

NOTE 15 - OTHER INFORMATION
A. Joint Powers Agreements
The City participates in joint ventures through Joint Powers Authorities (JPAs) established under the Joint Exercise of Powers Act of the State of California. As separate legal entities, these JPAs exercise full powers and authorities within the scope of the related Joint Powers Agreement, including the preparation of annual budgets, accountability for all funds, the power to make and execute contracts and the right to sue and be sued. Obligations and liabilities of the JPAs are not those of the City.

Each JPA is governed by a board consisting of representatives from each member agency. Each board controls the operations of its respective JPA, including selection of management and approval of operating budgets, independent of any influence of member agencies beyond their representation of the board.

City of Palo Alto Regional Water Quality Control Plant: The City has an agreement with the City of Palo Alto to purchase treatment capacity at the Palo Alto Regional Water Quality Control Plant. It was formed in 1968 by a joint exercise of powers among the cities of Palo Alto, Mountain View, and Los Altos, constructed, maintains and operates sewage treatment facilities serving its member cities. The agreement provides that the City will purchase capacity for 50 years. The City of Palo Alto acts as administrator and bills each member its share of the operating costs. The audited financial statements can be obtained by contacting the City of Palo Alto at P.O. Box 10250, Palo Alto, CA 94303.
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NOTES TO BASIC FINANCIAL STATEMENTS
For the Year Ended June 30, 2022
NOTE 15 - OTHER INFORMATION (Continued)
North County Library Authority (NCLA): The NCLA, formed in 1985 by a joint exercise of powers agreement between the City and the Town of Los Altos Hills, provides library services for member residents. The NCLA was created to provide financing for capital improvements and additional services by the public libraries serving the area. Although the City owns the libraries and their sites, the County of Santa Clara (County) is responsible for all library operations. However, since 1985, the NCLA has levied a voter approved special parcel tax to compensate for service reductions due to cutbacks by the County. The special tax has been collected by the County, transferred to the City, on behalf of NCLA, and then transferred back to the County for the specifically requested services provided by the libraries within the NCLA’s service area. The City performs administrative and accounting services for NCLA. In 1991, the NCLA issued Special Tax Bonds in the amount of $3,645,000. The Special Tax Bonds were repaid off as of June 30, 2012. In 2010, NCLA successfully passed an updated twenty year parcel tax extending the assessment term to 2030. No new debt was issued in association with this election. The audited financial statements can be obtained by contacting the NCLA at One North San Antonio Road, Los Altos, CA, 94022.

Community Health Awareness Council (CHAC): CHAC was organized as a joint powers agency between the City of Los Altos, City of Mountain View, Town of Los Altos Hills, Los Altos School District, Mountain View Whisman School District, and Mountain View-Los Altos High School District. CHAC provides prevention and intervention services concentrating on positive alternatives to health abuse and self-destructive behaviors within the communities served. The audited financial statements can be obtained by contacting CHAC at P.O. Box 335, Mountain View, CA, 94042.

Silicon Valley Clean Energy Authority: The Silicon Valley Clean Energy Authority (SVCEA) was established in 2016 by 12 agencies in Santa Clara County including the City of Los Altos. The purpose of SVCEA is to enable the member agencies to pool the electricity demand within their jurisdictions to directly procure or generate electrical power supplies on behalf of the residents and businesses in their communities, thus allowing those agencies to provide a clean energy option for residents at a competitive price with traditional energy sources. As part of the implementation of SVCEA, the City of Los Altos paid $100,000 for its portion of the start-up costs. These funds are to be reimbursed to the City once the Authority has achieved financial sustainability.
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CITY OF LOS ALTOS

NOTES TO BASIC FINANCIAL STATEMENTS
For the Year Ended June 30, 2022
NOTE 16 - OTHER COMMITMENTS
A summary of remaining authorized CIP project balances at June 30, 2022 for all City funds by service area are as follows:

Construction in progress:

Streets and Roadways $4,878,973
Pedestrian Safety 2,153,171
Infrastructure and Facilities 17,054,737
Parks 336,351
Sewer 3,775,426
Technology 1,767,511
Community Development 413,250
Storm Drain 323,069
Public Art 45,282
Total $30,747,770
NOTE 17 - SUBSEQUENT EVENT
On July 12, 2021, CalPERS reported a preliminary 21.3% net return on investments for fiscal year 2020-21.

Based on the thresholds specified in CalPERS Funding Risk Mitigation policy approved by the CalPERS Board in 2015, the excess return of 14.3% prescribes a reduction in investment volatility that corresponds to a reduction in the discount rate used for funding purposes of 0.20%, from 7.00% to 6.80%. Since CalPERS was in the final stages of the four-year Asset Liability Management (ALM) cycle, the CalPERS Board elected to defer any changes to the asset allocation until the ALM process concluded, and the board could make its final decision on the asset allocation in November 2021.

On November 17, 2021, the board adopted a new strategic asset allocation. The new asset allocation along with the new capital market assumptions, economic assumptions and administrative expense assumption support a discount rate of 6.90% (net of investment expense, but without a reduction for administrative expense) for financial reporting purposes. This includes a reduction in the price inflation assumption from

2.50% to 2.30% as recommended in the November 2021 CalPERS Experience Study and Review of Actuarial Assumptions. This study also recommended modifications to retirement rates, termination rates, mortality rates and rates of salary increases that were adopted by the CalPERS Board. These new assumptions will be reflected in the CalPERS GASB 68 accounting valuation reports for the June 30, 2022, measurement date.
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REQUIRED SUPPLEMENTARY INFORMATION
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CITY OF LOS ALTOS
Notes to Required Supplementary Information
For the Year Ended June 30, 2022
COST-SHARING EMPLOYER DEFINED PENSION PLAN:

SCHEDULE OF PROPORTIONATE SHARE OF THE NET PENSION LIABILITY AND

RELATED RATIO
This schedule reports the proportion (percentage) of the collective net pension liability, the proportionate share (amount) of the collective net pension liability, the employer’s covered employee payroll, the proportionate share (amount of the collective net pension liability as a percentage of the employer’s covered employee payroll and the pension plan’s fiduciary net position as a percentage of the total pension liability.

SCHEDULE OF CONTRIBUTIONS
This schedule reports the cost sharing employer’s contributions to the plan which are actuarially determined, the employer’s actual contributions, the difference between the actual and actuarially determined contributions, and a ratio of the actual contributions divided by covered employee payroll. 95 334
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Notes to Required Supplementary Information
For the Year Ended June 30, 2022
Schedule of Proportionate Share of the
Net Pension Liability and Related Ratio as of the Measurement Date Cost-Sharing Multiple-Employer Defined Pension Plan
Last 10 Years*
Miscellaneous Pool
Measurement Date 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 6/30/2021 Plan's proportion of the Net Pension Liability
(Asset) 0.42907% 0.50595% 0.20298% 0.51409% 0.52958% 0.54011% 0.55138% 0.79927% Plan's proportion share of the Net Pension
Liability (Asset) $10,604,408 $13,880,661 $17,564,072 $20,265,838 $19,958,437 $21,628,592 $23,257,604 $15,176,554 Plan's Covered Payroll 7,736,180 7,806,721 8,434,058 8,337,461 9,734,936 9,569,932 10,185,806 10,715,749 Plan's Proportionate Share of the Net Pension
Liability/(Asset) as a Percentage of its
Covered Payroll 137.08% 177.80% 208.25% 243.07% 205.02% 226.01% 228.33% 141.63% Plan’s Fiduciary Net Position as a Percentage
of the Total Pension Liability 83.03% 78.28% 73.20% 75.39% 77.69% 77.73% 77.71% 81.77% Safety Pool
Measurement Date 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2020 6/30/2021 Plan's proportion of the Net Pension Liability
(Asset) 0.24026% 0.25820% 0.16023% 0.26642% 0.27582% 0.28041% 0.28686% 0.35517% Plan's proportion share of the Net Pension
Liability (Asset) $9,011,972 $10,639,010 $13,864,825 $15,919,233 $16,183,695 $17,504,397 $19,111,513 $12,464,797 Plan's Covered Payroll 3,607,754 3,645,893 3,885,679 3,686,478 4,233,297 4,320,366 4,135,400 4,760,661 Plan's Proportionate Share of the Net Pension
Liability/(Asset) as a Percentage of its
Covered Payroll 249.79% 291.81% 356.82% 431.83% 382.30% 405.16% 462.14% 261.83% Plan's Proportionate Share of the Fiduciary Net
Position as a Percentage of the Plan's Total
Pension Liability 81.46% 78.52% 73.96% 71.74% 73.39% 73.37% 73.12% 81.40% * Fiscal year 2015 was the 1st year of implementation.
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Notes to Required Supplementary Information
For the Year Ended June 30, 2022
Cost-Sharing Multiple-Employer Defined Pension Plan
As of fiscal year ending June 30, 2022
Last 10 Years*

SCHEDULE OF CONTRIBUTIONS
Miscellaneous Pool
Fiscal Year 2015 Fiscal Year 2016 Fiscal Year 2017 Fiscal Year 2018 Fiscal Year 2019 Fiscal Year 2020 Fiscal Year 2021 Fiscal Year 2022 Actuarially determined contribution $1,081,811 $1,456,475 $1,544,680 $1,769,644 $1,974,752 $2,356,569 $2,588,732 $3,953,914 Contributions in relation to the actuarially
determined contributions (1,081,811) (1,456,475) (1,544,680) (1,769,644) (1,974,752) (2,356,569) (2,588,732) (3,953,914) Contribution deficiency (excess) $0 $0 $0 $0 $0 $0 $0 $0 Covered payroll $7,806,721 $8,434,058 $8,337,461 $9,734,936 $9,569,932 $10,185,806 $10,715,749 $11,354,395 Contributions as a percentage of
covered payroll 13.86% 17.27% 18.53% 18.18% 20.63% 23.14% 24.16% 34.82% Notes to Schedule
Valuation date: 6/30/2013 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2021 Safety Pool
Fiscal Year 2015 Fiscal Year 2016 Fiscal Year 2017 Fiscal Year 2018 Fiscal Year 2019 Fiscal Year 2020 Fiscal Year 2021 Fiscal Year 2022 Actuarially determined contribution $924,466 $1,134,277 $1,205,365 $1,390,429 $1,605,370 $1,962,129 $2,201,042 $3,293,372 Contributions in relation to the actuarially
determined contributions (1,076,741) (1,134,277) (1,205,365) (1,390,429) (1,605,370) (1,962,129) (2,201,042) (3,293,372) Contribution deficiency (excess) ($152,275) $0 $0 $0 $0 $0 $0 $0 Covered payroll $3,645,893 $3,885,679 $3,686,478 $4,233,297 $4,320,366 $4,135,400 $4,760,661 $4,327,156 Contributions as a percentage of
covered payroll 29.53% 29.19% 32.70% 32.85% 37.16% 47.45% 46.23% 76.11% Notes to Schedule
Valuation date: 6/30/2013 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 6/30/2019 6/30/2021 Methods and assumptions used to determine contribution rates:

Actuarial cost method Entry age
Amortization method Level percentage of payroll
Remaining amortization period 15 years
Asset valuation method 5-year smoothed market
Inflation 2.50%
Salary increases (1)
Investment rate of return
Mortality Derived using CalPERS Membership Data
Post Retirement Benefit Increase
(1) Depending on age, service and type of employment
(2) Net of pension plan investment expenses, including inflation * Fiscal year 2015 was the 1st year of implementation.

Contract COLA up to 2.75% until
Purchasing Power Protection Allowance
Floor on Purchasing Power applies, 2.75%
thereafter

7.15% (2)
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Notes to Required Supplementary Information
For the Year Ended June 30, 2022

SCHEDULE OF CHANGES IN THE NET OPEB LIABILITY AND RELATED RATIOS Retiree Healthcare OPEB Plan – Agent Multiple Employer
Last 10 Years*
Measurement Date 6/30/17 6/30/18 6/30/19 6/30/20 6/30/21 Total OPEB Liability
Service Cost $154,000 $158,000 $162,743 $195,973 $201,852 Interest 207,000 223,000 238,629 231,856 252,731
Actual vs. expected experience (524,133) (617,999)
Assumption changes 128,646 (5,045)
Benefit payments (134,000) (142,000) (161,000) (117,894) (131,033) Net change in total OPEB liability 227,000 239,000 (155,115) 309,935 (299,494) Total OPEB liability - beginning 2,987,000 3,214,000 3,453,000 3,297,885 3,607,820 Total OPEB liability - ending (a) $3,214,000 $3,453,000 $3,297,885 $3,607,820 $3,308,326 Plan fiduciary net position
Contributions - employer $135,000 $143,000 $162,000 $118,972 $132,024 Net investment income 160,000 134,000 110,961 67,723 545,286 Administrative expense (2,000) (4,000) (1,387) (2,014) (1,742) Benefit payments (134,000) (142,000) (161,000) (117,894) (131,033) Net change in plan fiduciary net position 159,000 131,000 110,574 66,787 544,535 Plan fiduciary net position - beginning 1,515,000 1,674,000 1,805,000 1,915,574 1,982,361 Plan fiduciary net position - ending (b) $1,674,000 $1,805,000 $1,915,574 $1,982,361 $2,526,896 Net OPEB liability - ending (a)-(b) $1,540,000 $1,648,000 $1,382,311 $1,625,459 $781,430 Plan fiduciary net position as a percentage of the total OPEB liability 52.1% 52.3% 58.1% 54.9% 76.4% Covered-employee payroll $12,546,000 $14,000,000 $15,000,000 $15,000,000 $15,366,121 Net OPEB liability as a percentage of covered-employee payroll 12.27% 11.77% 9.22% 10.84% 5.09% * Fiscal year 2018 was the first year of implementation. 98 337
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Notes to Required Supplementary Information
For the Year Ended June 30, 2022

SCHEDULE OF CONTRIBUTIONS
Retiree Healthcare OPEB Plan – Agent Multiple Employer
Last 10 Years*
Fiscal Year Ended June 30, 2018 2019 2020 2021 2022
Actuarially determined contribution $304,000 $313,000 $333,000 $343,000 $316,000 Contributions in relation to the
actuarially determined contribution 143,000 314,000 118,972 132,024 1,626,491 Contribution deficiency (excess) $161,000 ($1,000) $214,028 $210,976 ($1,310,491) Covered-employee payroll $14,000,000 $15,000,000 $15,000,000 $15,366,121 $16,416,717 Contributions as a percentage of
covered-employee payroll 1.02% 2.10% 0.80% 0.9% 9.9%
* Fiscal year 2018 was the first year of implementation.

Valuation Date • January 1, 2021
Actuarial Cost Method • Entry Age Normal, Level Percentage of Payroll Amortization Method • Level percent of pay
Amortization Period • 11-year average fixed period for 2021/22 Asset Valuation Method • Investment gains and losses spread over 5-year rolling period Discount Rate • 6.25%
General Inflation • 2.50%
Medical Trend
• Non-Medicare - 6.50% for 2023, decreasing to an ultimate rate of 3.75% in 2076 and later years
• Medicare (Non-Kaiser) - 5.65% for 2023, decreasing to an ultimate rate of

3.75% in 2076 and later years
• Medicare (Kaiser) - 4.60% for 2023, decreasing to an ultimate rate of 3.75% in 2076 and later years
Mortality, Retirement, Disability,
Termination • CalPERS 2000-2019 Experience Study
Mortality Improvement • Mortality Improvement Scale MP-21 PEMHCA Minimum Increases • 4% annually
Healthcare participation • 60%
Retiree Healthcare OPEB Plan - Agent Multiple Employer

NOTES TO SCHEDULE OF EMPLOYER CONTRIBUTION
Methods and Assumptions for Actuarially Determined Contribution 99 338
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GENERAL FUND

SCHEDULE OF REVENUES AND EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Budgeted Amounts Final Budget
Positive
Original Final Actual Amounts (Negative)
Revenues:

Property tax $30,309,225 $30,309,225 $30,086,157 ($223,068) Sales tax 3,451,879 3,451,879 3,738,113 286,234
Utility users 2,729,500 2,729,500 3,093,784 364,284
Other tax 2,360,000 2,360,000 3,545,907 1,185,907
Licenses, permits and fees 4,164,350 4,164,350 4,624,201 459,851 Grants and donations 3,598,964 3,899,739 300,775
Charges for services 2,750,150 2,750,150 3,642,018 891,868 Fines and forfeitures 128,500 128,500 171,611 43,111
Interest and rentals 359,000 359,000 (949,567) (1,308,567) Other 187,431 116,000 187,431 71,431
Total revenues 46,440,035 49,967,568 52,039,394 2,071,826 Expenditures:

General government:

Public Safety 21,682,657 21,682,657 21,117,831 564,826
Public Works 6,750,611 6,750,611 6,134,367 616,244
Recreation 2,471,738 2,471,738 2,540,420 (68,682)
Community development 7,409,836 7,409,836 6,620,784 789,052 Admin/community services 14,569,522 14,569,522 13,968,924 600,598 Debt service:

Interest and fiscal charges 49,438 (49,438)
Total expenditures 52,884,364 52,884,364 50,431,764 2,452,600 (6,444,329) (2,916,796) 1,607,630 (380,774)
Other financing sources (uses):

Proceeds from Lease
Transfers in 8,481,196 8,481,196 546,266 (7,934,930)
Transfers out (14,700,630) (14,700,630) (5,267,560) 9,433,070 Total other financing sources (uses) (6,219,434) (6,219,434) (4,721,294) 1,498,140 Net change in fund balance ($12,663,763) ($9,136,230) (3,113,664) $1,117,366 Fund balance at beginning of year 22,723,718
Fund balance at end of year $19,610,054
Excess of revenues over
expenditures
100
339
Agenda Item # 11.

CITY OF LOS ALTOS

IN-LIEU PARK LAND SPECIAL REVENUE FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Positive
Original Final Actual Amounts (Negative)
REVENUES:

Interest and rentals ($231,752) ($231,752)
Intergovernmental $5,319,000 $5,319,000 3,757,600 (1,561,400) Total Revenues 5,319,000 5,319,000 3,525,848 (1,793,152) Expenditures:

Capital improvement 38,000 38,000 38,000

EXCESS OF REVENUES
OVER EXPENDITURES 5,281,000 5,281,000 3,487,848 (1,793,152)

OTHER FINANCING SOURCES (USES)
Transfers (out) (1,350,000) (1,979,970) (917,515) 1,062,455 Total other financing sources (uses) (1,350,000) (1,979,970) (917,515) 1,062,455 NET CHANGE IN FUND BALANCE $3,931,000 $3,301,030 2,570,333 ($730,697) Beginning fund balance 5,780,278
Ending fund balance $8,350,611
Budgeted Amounts
101
340
Agenda Item # 11.

CITY OF LOS ALTOS
Notes to Required Supplementary Information
For the Year Ended June 30, 2022

BUDGET AND BUDGETARY ACCOUNTING
The City adopts a budget annually for General Fund, Special Revenue Funds, (except for the Storm Drain Deposits Fund), and Equipment Replacement Capital Projects Fund that is effective July 1 for the ensuing fiscal year.

From the effective date of the budget, which is adopted and controlled at the fund level, the amounts stated therein as proposed expenditures become appropriations to the various City departments. The City Council may amend the budget during the fiscal year. The City Manager is authorized to transfer budgeted amount between departments and line items within any fund to achieve a balanced budget; however, any revisions which alter the total expenditures of any fund must be approved by the City Council. Transfers between funds must be approved by the City Council. All appropriations lapse at year-end unless otherwise authorized by the City Council and the City Manager, except for capital improvement projects and open purchase order commitments for which appropriations endure until the project or obligation is completed.

Budgets are adopted on a basis consistent with generally accepted accounting principles except for capital projects funds, which are adopted on a project length basis, which means budgets are used until the project’s completion for the entire project amount.
102
341
Agenda Item # 11.

SUPPLEMENTARY INFORMATION
342
Agenda Item # 11.

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343
Agenda Item # 11.

GENERAL FUND
General Fund – Accounts for all financial resources necessary to carry out basic governmental activities of the City that are not accounted for in other funds. The General Fund supports essential City services such as police, fire, street and parks maintenance, maintenance services, community development and recreation activities. The General Fund also includes the Real Property Proceeds Funds, which accounts for the proceeds from the sale of real property and the Community Facilities Renewal Fund, which accounts for the revenues and expenditures related to the community facilities renewal efforts.
105
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Agenda Item # 11.

CITY OF LOS ALTOS

GENERAL FUND

COMBINING BALANCE SHEET
JUNE 30, 2022
Intra-Fund Total
Real Property Transaction General
General Proceeds Elimination Fund
ASSETS
Cash and investments $15,979,547 $15,979,547
Receivables, net of allowance for uncollectibles:

Accounts 5,842,234 5,842,234
Interest
Prepaids 103,991 103,991
Notes receivable
Lease receivable 6,801,674 6,801,674
Inventory 110,143 110,143
Due from other funds 410,863 ($18,688) 392,175
Total Assets $29,248,452 ($18,688) $29,229,764

LIABILITIES
Accounts payable $1,892,952 $1,892,952
Accrued liabilities 773,146 773,146
Other payable 159,316 159,316
Due to other funds $18,688 ($18,688)
Total Liabilities 2,825,414 18,688 (18,688) 2,825,414

DEFERRAL INFLOWS OF RESOURCES
Leases related 6,794,296 6,794,296
Total Deferred Inflows 6,794,296 6,794,296

FUND BALANCES
Fund balance:

Nonspendable 214,134 214,134
Assigned 10,337,346 10,337,346
Unassigned 9,077,262 (18,688) 9,058,574
Total Fund Balances 19,628,742 (18,688) 19,610,054
Total Liabilities and Fund Balances $29,248,452 ($18,688) $29,229,764 106
345
Agenda Item # 11.

CITY OF LOS ALTOS

GENERAL FUND

COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2022
Intra-Fund Total
Real Property Transaction General
General Proceeds Elimination Fund

REVENUES
Property tax $30,086,157 $30,086,157
Sales tax 3,738,113 3,738,113
Utility users 3,093,784 3,093,784
Other tax 3,545,907 3,545,907
Licenses, permits and fees 4,624,201 4,624,201
Intergovernmental
Grants and donations 3,899,739 3,899,739
Charges for services 3,642,018 3,642,018
Fines and forfeitures 171,611 171,611
Interest and rentals (907,226) ($42,341) (949,567)
Other 187,431 187,431
Total Revenues 52,081,735 (42,341) 52,039,394

EXPENDITURES
General government
Public safety 21,117,831 21,117,831
Public works 6,134,367 6,134,367
Recreation 2,540,420 2,540,420
Community development 6,620,784 6,620,784
Admin / community development 13,968,924 13,968,924
Debt Service:

Interest and fiscal charges 49,438 49,438
Total Expenditures 50,431,764 50,431,764

EXCESS (DEFICIENCY) OF REVENUES
OVER EXPENDITURES 1,649,971 (42,341) 1,607,630

OTHER FINANCING SOURCES (USES)
Proceeds from Lease
Transfers in 522,614 23,652 546,266
Transfers (out) (4,588,451) (679,109) (5,267,560)
Total Other Financing Sources (Uses) (4,065,837) (655,457) (4,721,294) NET CHANGE IN FUND BALANCES (2,415,866) (697,798) (3,113,664) BEGINNING FUND BALANCES 22,044,608 679,110 22,723,718
ENDING FUND BALANCES $19,628,742 ($18,688) $19,610,054
107
346
Agenda Item # 11.

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347
Agenda Item # 11.

NON-MAJOR GOVERNMENTAL FUNDS

SPECIAL REVENUE FUNDS

VEHICLE IMPOUND FUND
To account for revenues collected from arrest and towing fees that are dedicated for public safety purposes.

SUPPLEMENTAL LAW ENFORCEMENT FUND
To account for revenues from the Citizen's Option for Public Safety Program in support of additional frontline law enforcement services.

GAS TAX FUNDS
To account for the revenues received from the State gas taxes under the provision of the Streets and Highways Codes. These revenues are restricted to uses related to construction and improvements, an maintenance and repair of local streets.

PROPOSITION 1B FUND
To account for the allocated bond fund amount from the State under the Proposition 1B provisions.

STORM DRAIN DEPOSITS FUND
To account for fees collected from new subdivision development. All funds are restricted to construction and improvement of the storm drain system.

COMMUNITY DEVELOPMENT BLOCK GRANT FUND
To account for grant funds received from the federal government specifically for the housing rehabilitation loan programs, the human services programs through local nonprofit agencies, and the accessibility improvements in compliance with the American with Disabilities Act.

DOWNTOWN PARKING FUND
To account for revenues received from the lease of the public parking plazas and in-lieu program fees. The revenues are dedicated for the construction and improvement of downtown parking facilities.

TRAFFIC IMPACT FEE FUND
To account for revenues received from development. The revenues are dedicated for transportation improvements within the City.

ESTATE DONATION FUND
To account for donations received that are dedicated for purposes specified by the donors.

TDA FUND
To account for State Transportation Development Act, Article 3 funds for bike route and pedestrian facilities improvements.
109
348
Agenda Item # 11.

NON-MAJOR GOVERNMENTAL FUNDS (Continued)
SPECIAL REVENUE FUNDS (Continued)

PEG FUND
To account for fees collected by local Cable Television franchise. All funds are restricted for public education and government access programming.

VEHICLE REGISTRATION FEES FUND
To account for fees collected by the Department of Motor Vehicles from registrations in Santa Clara County.

All funds are restricted to street projects.

SB 1 ROAD MAINTENANCE REHABILITATION FUND
To account for revenues received from the State Streets and Highways Codes. These revenues are restricted to address deferred maintenance on the State Highway System and the local street and road system.

TRAFFIC CONGESTION RELIEF PROGRAM FUND
To account for revenues received from the State. These revenues must be used only for maintenance or reconstruction costs on public streets or roads.

CAPITAL PROJECTS FUND

EQUIPMENT REPLACEMENT FUND
To account for the revenues and expenditures related to the replacement of certain City equipment and vehicles.

DEBT SERVICE FUND

GENERAL DEBT SERVICE
To account for the accumulation of revenues for periodic payment of principal and interest on Certificates of Participation and related authorized costs.
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Agenda Item # 11.

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350
Agenda Item # 11.

CITY OF LOS ALTOS

NON-MAJOR GOVERNMENTAL FUNDS

COMBINING BALANCE SHEET
JUNE 30, 2022

SPECIAL REVENUE FUNDS
Supplemental
Vehicle Law Proposition
Impound Enforcement Gas Tax 1B
ASSETS
Cash and investments $207,292 $1,755,933
Restricted cash and investments
Receivables, net of allowance
for uncollectibles:

Accounts 59,030
Total Assets $207,292 $1,814,963

LIABILITIES
Accounts payable
Due to other funds $7,309 $1,361
Total Liabilities 7,309 1,361

FUND BALANCES
Restricted:

Debt service
Special revenue programs and projects $207,292 $1,814,963 Assigned
Unassigned (7,309) (1,361)
Total Fund Balances (7,309) 207,292 1,814,963 (1,361)
Total Liabilities and Fund Balances $207,292 $1,814,963 112
351
Agenda Item # 11.

SPECIAL REVENUE FUNDS
Storm Community
Drain Development Downtown Traffic Estate
Deposits Block Grant Parking Impact Fee Donation TDA
$56,086 $899,731 $17,584
2,000 $88,358
$56,086 $901,731 $17,584 $88,358
$1,441
$226,984
1,441 226,984
$56,086 900,290 $17,584 $88,358
(226,984)
56,086 900,290 (226,984) 17,584 88,358
$56,086 $901,731 $17,584 $88,358
(Continued)
113
352
Agenda Item # 11.

SPECIAL REVENUE FUNDS
SB1 Traffic
Vehicle Road Congestion
Registration Maintenance Relief
PEG Fees Rehabilitation Program
Cash and investments $203,327 $1,152,610 $269,442
Restricted cash and investments
Receivables, net of allowance
for uncollectibles:

Accounts 22,419 57,265
Total Assets $225,746 $1,152,610 $326,707
Accounts payable
Due to other funds
Total Liabilities
Restricted:

Debt service
Special revenue programs and projects $225,746 $1,152,610 $326,707 Assigned
Unassigned

Total Fund Balances 225,746 1,152,610 326,707
Total Liabilities and Fund Balances $225,746 $1,152,610 $326,707 ASSETS

LIABILITIES

FUND BALANCES

CITY OF LOS ALTOS

NON-MAJOR GOVERNMENTAL FUNDS

COMBINING BALANCE SHEET
JUNE 30, 2022
114
353
Agenda Item # 11.

CAPITAL

PROJECTS

SPECIAL REVENUE FUNDS FUND DEBT SERVICE FUNDS
Los Alto Total
Community Non-major
Public Equipment Center Governmental
Measure B Art Replacement General Lease Funds
$498,290 $841,115 $198,179 $6,099,589
172,209 172,209
$574,215 803,287
$574,215 $498,290 $841,115 $370,388 $7,075,085
$157,168 $158,609
$156,521 392,175
156,521 157,168 550,784
$370,388 370,388
417,694 $498,290 5,705,620
683,947 683,947
(235,654)
417,694 498,290 683,947 370,388 6,524,301
$574,215 $498,290 $841,115 $370,388 $7,075,085
115
354
Agenda Item # 11.

CITY OF LOS ALTOS

NON-MAJOR GOVERNMENTAL FUNDS

COMBINING STATEMENT OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCES
FOR THE YEAR ENDED JUNE 30, 2022

SPECIAL REVENUE FUNDS
Supplemental
Vehicle Law Proposition
Impound Enforcement Gas Tax 1B

REVENUES
Charges for services
Licenses, permits and fees
Intergovernmental $161,285 $724,874
Fines and forfeitures $12,691
Interest and rentals (72,366) ($1,361)
Other
Total Revenues 12,691 161,285 652,508 (1,361)

EXPENDITURES
Current:

Public safety
Community development
Capital improvements
Debt service:

Principal
Interest and fiscal charges
Total Expenditures

EXCESS (DEFICIENCY) OF REVENUES
OVER EXPENDITURES 12,691 161,285 652,508 (1,361)

OTHER FINANCING SOURCES (USES)
Proceeds from Lease
Transfers in
Transfers (out) (20,000) (100,000) (858,013) (44,542)
Total Other Financing Sources (Uses) (20,000) (100,000) (858,013) (44,542) NET CHANGE IN FUND BALANCES (7,309) 61,285 (205,505) (45,903) BEGINNING FUND BALANCES 146,007 2,020,468 44,542
ENDING FUND BALANCES ($7,309) $207,292 $1,814,963 ($1,361) 116
355
Agenda Item # 11.

SPECIAL REVENUE FUNDS
Storm Community
Drain Development Downtown Traffic Estate
Deposits Block Grant Parking Impact Fee Donation TDA
$67,569 $227,114
$88,358
(16,453) (2,785) ($554)
51,116 224,329 (554) 88,358
833
833
51,116 223,496 (554) 88,358
$531,566
(40,000) (472,122)
531,566 (40,000) (472,122)
531,566 11,116 (248,626) (554) 88,358
$56,086 (531,566) 889,174 21,642 18,138
$56,086 $900,290 ($226,984) $17,584 $88,358
(Continued)
117
356
Agenda Item # 11.

SPECIAL REVENUE FUNDS
SBI Traffic
Vehicle Road Congestion
Registration Maintenance Relief
PEG Fees Rehabilitation Program

REVENUES
Charges for services $97,626
Licenses, permits and fees
Intergovernmental $593,625 $567,661
Fines and forfeitures
Interest and rentals (24,023) 29,584 (13,994) ($3,013)
Other
Total Revenues 73,603 623,209 553,667 (3,013)

EXPENDITURES
Current:

Public safety
Community development
Capital improvements 3,123
Debt service:

Principal
Interest and fiscal charges
Total Expenditures 3,123

EXCESS (DEFICIENCY) OF REVENUES
OVER EXPENDITURES 70,480 623,209 553,667 (3,013)

OTHER FINANCING SOURCES (USES)
Proceeds from Lease
Transfers in 3,013
Transfers (out) (584,771) (500,000) (106,129)
Total Other Financing Sources (Uses) (584,771) (500,000) (103,116) NET CHANGE IN FUND BALANCES (514,291) 623,209 53,667 (106,129) BEGINNING FUND BALANCES 740,037 529,401 273,040 106,129 ENDING FUND BALANCES $225,746 $1,152,610 $326,707

CITY OF LOS ALTOS

NON-MAJOR GOVERNMENTAL FUNDS

COMBINING STATEMENT OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCES
FOR THE YEAR ENDED JUNE 30, 2022
118
357
Agenda Item # 11.

CAPITAL

PROJECTS

SPECIAL REVENUE FUNDS FUND DEBT SERVICE FUNDS
Los Alto Total
Community Non-major
Public Equipment Center Governmental
Measure B Art Replacement General Lease Funds
$355,459 $453,085
294,683
2,135,803
12,691
($16,757) $188 (121,534)
(16,757) 355,459 188 2,774,728
6,414 $339,959 346,373
3,956
130,000 $403,961 533,961
40,751 218,129 258,880
6,414 339,959 170,751 622,090 1,143,170
(16,757) 349,045 (339,959) (170,563) (622,090) 1,631,558 900,000 167,400 622,090 2,224,069
(550,000) (16,883) (265,553) (3,558,013)
(550,000) (16,883) 634,447 167,400 622,090 (1,333,944)
(566,757) 332,162 294,488 (3,163) 297,614
984,451 166,128 389,459 373,551 6,226,687
$417,694 $498,290 $683,947 $370,388 $6,524,301
119
358
Agenda Item # 11.

CITY OF LOS ALTOS

VEHICLE IMPOUND FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Fines and forfeitures $20,000 $12,691 ($7,309)
Total Revenues 20,000 12,691 (7,309)

EXCESS OF REVENUES
OVER EXPENDITURES 20,000 12,691 (7,309)

OTHER FINANCING SOURCES (USES)
Transfers (out) (20,000) (20,000)
Total other financing sources (uses) (20,000) (20,000)
NET CHANGE IN FUND BALANCE (7,309) ($7,309)
Beginning fund balance
Ending fund balance ($7,309)
120
359
Agenda Item # 11.

CITY OF LOS ALTOS

SUPPLEMENTAL LAW ENFORCEMENT FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Intergovernmental $100,000 $161,285 $61,285
Total Revenues 100,000 161,285 61,285

EXCESS OF REVENUES
OVER EXPENDITURES 100,000 161,285 61,285

OTHER FINANCING SOURCES (USES)
Transfers (out) (100,000) (100,000)
Total other financing sources (uses) (100,000) (100,000) NET CHANGE IN FUND BALANCE 61,285 $61,285
Beginning fund balance 146,007
Ending fund balance $207,292
121
360
Agenda Item # 11.

CITY OF LOS ALTOS

GAS TAX FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Intergovernmental $800,054 $724,874 ($75,180)
Interest and rentals (72,366) (72,366)
Total Revenues 800,054 652,508 (147,546)

EXPENDITURES
Capital improvements
Total Expenses

EXCESS OF REVENUES
OVER EXPENDITURES 800,054 652,508 (147,546)

OTHER FINANCING SOURCES (USES)
Transfers (out) (1,350,000) (858,013) 491,987
Total other financing sources (uses) (1,350,000) (858,013) 491,987 NET CHANGE IN FUND BALANCE ($549,946) (205,505) $344,441 Beginning fund balance 2,020,468
Ending fund balance $1,814,963
122
361
Agenda Item # 11.

CITY OF LOS ALTOS
PROPOSITION 1B FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Interest and rentals ($1,361) ($1,361)
Total Revenues (1,361) (1,361)

EXCESS OF REVENUES
OVER EXPENDITURES (1,361) (1,361)

OTHER FINANCING SOURCES (USES)
Transfers (out) ($44,542) (44,542)
Total other financing sources (uses) (44,542) (44,542)
NET CHANGE IN FUND BALANCE ($44,542) (45,903) ($1,361)
Beginning fund balance 44,542
Ending fund balance ($1,361)
123
362
Agenda Item # 11.

CITY OF LOS ALTOS

COMMUNITY DEVELOPMENT BLOCK GRANT FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)

OTHER FINANCING SOURCES (USES)
Transfers in $531,566 $531,566
Total other financing sources (uses) 531,566 531,566
NET CHANGE IN FUND BALANCE 531,566
Beginning fund balance (531,566)
Ending fund balance
124
363
Agenda Item # 11.

CITY OF LOS ALTOS

DOWNTOWN PARKING FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Licenses, permits and fees $40,000 $67,569 $27,569
Interest and rentals (16,453) (16,453)
Total Revenues 40,000 51,116 11,116

OTHER FINANCING SOURCES (USES)
Transfers (out) (428,883) (40,000) 388,883
Total other financing sources (uses) (428,883) (40,000) 388,883 NET CHANGE IN FUND BALANCE $40,000 11,116 $399,999
Beginning fund balance 889,174
Ending fund balance $900,290
125
364
Agenda Item # 11.

CITY OF LOS ALTOS

TRAFFIC IMPACT FEE FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Licenses, permits and fees $411,693 $227,114 ($184,579) Interest and rentals (3,618) (3,618)
Total Revenues 411,693 223,496 (188,197)

OTHER FINANCING SOURCES (USES)
Transfers (out) (428,883) (472,122) (43,239)
NET CHANGE IN FUND BALANCE ($17,190) (248,626) ($231,436) Beginning fund balance 21,642
Ending fund balance ($226,984)
126
365
Agenda Item # 11.

CITY OF LOS ALTOS

ESTATE DONATION FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Interest ($554) ($554)
Total Revenues (554) (554)

EXCESS OF REVENUES
OVER EXPENDITURES (554) (554)
NET CHANGE IN FUND BALANCE (554) ($554)
Beginning fund balance 18,138
Ending fund balance $17,584
127
366
Agenda Item # 11.

CITY OF LOS ALTOS

TDA FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Grants and donations $50,000 $88,358 $38,358
Total expenditures 50,000 88,358 38,358

EXCESS (DEFICIENCY) OF REVENUES
OVER EXPENDITURES 50,000 88,358 38,358
NET CHANGE IN FUND BALANCE $50,000 88,358 $38,358
Beginning fund balance
Ending fund balance $88,358
128
367
Agenda Item # 11.

CITY OF LOS ALTOS

PEG FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Interest income ($24,023) ($24,023)
Charges for services $100,000 97,626 (2,374)
Total revenues 100,000 73,603 (26,397)

EXPENDITURES
Capital improvements 3,123 (3,123)
Total Expenses 3,123 (3,123)

EXCESS (DEFICIENCY) OF REVENUES
OVER EXPENDITURES 100,000 70,480 (23,274)

OTHER FINANCING SOURCES (USES)
Transfers (out) (170,000) (584,771) (414,771)
Total other financing sources (uses) (170,000) (584,771) (414,771) NET CHANGE IN FUND BALANCE $100,000 (514,291) ($23,274) Beginning fund balance 740,037
Ending fund balance $225,746
129
368
Agenda Item # 11.

CITY OF LOS ALTOS

VEHICLE REGISTRATION FEES FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Interest income $29,584 $29,584
Grants and donations $579,000 593,625 14,625
Total revenues 579,000 623,209 44,209

EXCESS (DEFICIENCY) OF REVENUES
OVER EXPENDITURES 579,000 623,209 44,209
NET CHANGE IN FUND BALANCE $579,000 623,209 $44,209
Beginning fund balance 529,401
Ending fund balance $1,152,610
130
369
Agenda Item # 11.

CITY OF LOS ALTOS
SB1 ROAD MAINTENANCE REHABILITATION FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Interest income ($13,994) ($13,994)
Intergovernmental $609,599 567,661 (41,938)
Total revenues 609,599 553,667 (55,932)

OTHER FINANCING SOURCES (USES)
Transfers (out) (500,000) (500,000)
Total other financing sources (uses) (500,000) (500,000)

EXCESS (DEFICIENCY) OF REVENUES
OVER EXPENDITURES (609,599) 53,667 (555,932)
NET CHANGE IN FUND BALANCE ($609,599) 53,667 ($555,932) Beginning fund balance 273,040
Ending fund balance $326,707
131
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Agenda Item # 11.

CITY OF LOS ALTOS

TRAFFIC CONGESTION RELIEF PROGRAM FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Interest income ($3,013) ($3,013)
Total revenues (3,013) (3,013)

OTHER FINANCING SOURCES (USES)
Transfers in 3,013 3,013
Transfers (out) ($106,129) (106,129)
Total other financing sources (uses) (103,116) (103,116) NET CHANGE IN FUND BALANCE (106,129) ($106,129)
Beginning fund balance 106,129
Ending fund balance
132
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Agenda Item # 11.

CITY OF LOS ALTOS

MEASURE B FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Intergovernmental $550,000 ($550,000)
Interest income ($16,757) (16,757)
Total revenues 550,000 (16,757) (566,757)

OTHER FINANCING SOURCES (USES)
Transfers (out) (550,000) (550,000)
Total other financing sources (uses) (550,000) (550,000) NET CHANGE IN FUND BALANCE (566,757) ($566,757)
Beginning fund balance 984,451
Ending fund balance $417,694
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Agenda Item # 11.

CITY OF LOS ALTOS

PUBLIC ART FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)
REVENUES:

Charges for services $355,459 $355,459
Total revenues 355,459 355,459

EXPENDITURES
Community development 60,000 6,414 $53,586

EXCESS OF REVENUES
OVER EXPENDITURES 295,459 349,045 (53,586)

OTHER FINANCING SOURCES (USES)
Transfers (out) (70,000) (16,883) 53,117
Total other financing sources (uses) (70,000) (16,883) 53,117 NET CHANGE IN FUND BALANCE $225,459 332,162 ($469)
Beginning fund balance 166,128
Ending fund balance $498,290
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Agenda Item # 11.

CITY OF LOS ALTOS

EQUIPMENT REPLACEMENT CAPITAL PROJECTS FUND

SCHEDULE OF REVENUES, EXPENDITURES

AND CHANGES IN FUND BALANCE

BUDGET AND ACTUAL
FOR THE YEAR ENDED JUNE 30, 2022
Variance with
Final Budget
Final Positive
Budget Actual Amounts (Negative)

EXPENDITURES
Community development $266,500 $339,959 ($73,459)
Capital improvements 91,000 91,000
Total expenditures 357,500 339,959 17,541

EXCESS (DEFICIENCY) OF REVENUES
OVER EXPENDITURES (357,500) (339,959) 17,541

OTHER FINANCING SOURCES (USES)
Transfers in 900,000 900,000
Transfers (out) (560,332) (265,553) 294,779
Total other financing sources (uses) 339,668 634,447 294,779 NET CHANGE IN FUND BALANCE ($17,832) 294,488 $312,320
Beginning fund balance 389,459
Ending fund balance $683,947
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Agenda Item # 11.

INTERNAL SERVICE FUNDS
Internal Service Funds are used to account for the financing of goods and services provided by one City department or agency to other departments or agencies of the City, or to other government units on a cost-reimbursement basis (including depreciation).

DENTAL REIMBURSEMENT
To account for costs of the City's self-insurance dental program. Funds are provided primarily from charges to departments.

UNEMPLOYMENT INSURANCE
To account for the unemployment insurance premiums and claims made against the City. Funds are provided primarily from charges to departments.

WORKERS’ COMPENSATION INSURANCE
To account for the premium costs and self-insured claim losses made against the City for workers compensation.

Funds are provided primarily from charges to departments.

LIABILITY INSURANCE
To account for the premium costs and self-insured claim losses made against the City for property-related and general liability. Funds are provided primarily from charges to departments. 137
376
Agenda Item # 11.

CITY OF LOS ALTOS

INTERNAL SERVICE FUNDS

COMBINING STATEMENT OF NET POSITION
JUNE 30, 2022
Workers'
Dental Unemployment Compensation Liability
Reimbursement Insurance Insurance Insurance Total
ASSETS
Current Assets:

Cash and investments $5,253 $96,698 $5,923,884 $699,873 $6,725,708 Accounts receivable 763 35,180 35,943
Total Assets 5,253 96,698 5,924,647 735,053 6,761,651

LIABILITIES
Current Liabilities:

Accounts payable 19,339 11,752 31,091
Claims and judgements 842,325 276,410 1,118,735
Noncurrent Liabilities:

Claims and judgements 3,806,956 474,611 4,281,567
Total Liabilities 4,668,620 762,773 5,431,393

NET POSITION
Unrestricted 5,253 96,698 1,256,027 (27,720) 1,330,258
Total Net Position $5,253 $96,698 $1,256,027 ($27,720) $1,330,258 138
377
Agenda Item # 11.

CITY OF LOS ALTOS

INTERNAL SERVICE FUNDS

COMBINING STATEMENT OF REVENUES, EXPENSES

AND CHANGES IN FUND NET POSITION
FOR THE YEAR ENDED JUNE 30, 2022
Workers'
Dental Unemployment Compensation Liability
Reimbursement Insurance Insurance Insurance Total

OPERATING REVENUES
Charges for services $340,693 $738,119 $501,834 $1,580,646 Total Operating Revenues 340,693 738,119 501,834 1,580,646

OPERATING EXPENSES
Outside services 54,237 54,237
Claims and insurance 340,693 1,548,151 1,316,181 3,205,025 Administration 78,249 78,249
Total Operating Expenses 340,693 1,626,400 1,370,418 3,337,511 Operating Income (Loss) (888,281) (868,584) (1,756,865)

OTHER FINANCING SOURCES (USES)
Transfers in 100,000 576,000 558,000 1,234,000
Transfers out ($450,000) (450,000)
Total Other Financing Sources (Uses) 100,000 (450,000) 576,000 558,000 784,000 Change in Net Position 100,000 (450,000) (312,281) (310,584) (972,865) BEGINNING NET POSITION (94,747) 546,698 1,568,308 282,864 2,303,123 ENDING NET POSITION $5,253 $96,698 $1,256,027 ($27,720) $1,330,258 139
378
Agenda Item # 11.

CITY OF LOS ALTOS

INTERNAL SERVICE FUNDS

COMBINING STATEMENT OF CASH FLOWS
FOR THE YEAR ENDED JUNE 30, 2022
Workers'
Dental Unemployment Compensation Liability
Reimbursement Insurance Insurance Insurance Total

CASH FLOWS FROM OPERATING ACTIVITIES
Cash received from other funds $245,946 $738,621 $482,387 $1,466,954 Cash payments to vendors (340,693) 810,032 236,784 706,123 Insurance premiums, settlements, and rebates (1,533,097) (1,328,549) (2,861,646) Cash Flows from Operating Activities (94,747) 15,556 (609,378) (688,569)

CASH FLOWS FROM NONCAPITAL

FINANCING ACTIVITIES
Transfers from (to) other funds 100,000 ($450,000) 576,000 558,000 784,000 Cash Flows (used for) Noncapital
Financing Activities 100,000 (450,000) 576,000 558,000 784,000 Net Cash Flows 5,253 (450,000) 591,556 (51,378) 95,431
Cash and investments at beginning of period 546,698 5,332,328 751,251 6,630,277 Cash and investments at end of period $5,253 $96,698 $5,923,884 $699,873 $6,725,708 Reconciliation of operating income (loss) to
net cash flows from operating activities:

Operating income (loss) ($888,281) ($868,584) ($1,756,865) net cash flows from operating activities:

Change in assets and liabilities:

Accounts receivable 502 (19,447) (18,945)
Accounts payable 15,054 (12,368) 2,686
Due to other funds ($94,747) (94,747)
Claims and judgments payable 888,281 291,021 1,179,302
Cash Flows from Operating Activities ($94,747) $15,556 ($609,378) ($688,569) Adjustments to reconcile operating income to
140
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Agenda Item # 11.

CUSTODIAL FUNDS

NORTH COUNTY LIBRARY AUTHORITY
This fund accounts for the operating activities and the special assessment collection pertaining to the North County Library Authority.

BLUE OAK LANE SEWER
This fund accounts for the accumulation of resources for payment of the debt service and installation of sanitary sewer systems on Blue Oak Lane funded via November 2009 limited obligation assessment district bonds. The revenue is derived from the special assessment levied to property owners within that improvement district. 141
380
Agenda Item # 11.

CITY OF LOS ALTOS

CUSTODIAL FUNDS

COMBINING STATEMENT OF NET POSITION
JUNE 30, 2022
Custodial Funds
North County Blue Oak
Library Authority Lane Sewer Total
ASSETS
Cash and investments (Note 2) $38,195 $38,195
Restricted cash and investments (Note 2) 45,828 45,828
Total Assets 84,023 84,023

NET POSITION
Restricted for:

Other governments 84,023 84,023
Total Net Position $84,023 $84,023
142
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Agenda Item # 11.

CITY OF LOS ALTOS

CUSTODIAL FUNDS

COMBINING STATEMENT OF ACTIVITIES
FOR THE YEAR ENDED JUNE 30, 2022
Custodial Funds
North County Blue Oak
Library Authority Lane Sewer Total

ADDITIONS
Fee collections $8,598 $47,748 $56,346
Total Additions 8,598 47,748 56,346

DEDUCTIONS
Distributions 818,816 44,530 863,346
Total Deductions 818,816 44,530 863,346
Net increase(decrease) in net position (810,218) 3,218 (807,000) Net Position-Beginning 810,218 80,805 891,023
Net Position-Ending $84,023 $84,023
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STATISTICAL SECTION
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Agenda Item # 11.

STATISTICAL SECTION
This part of the City’s Annual Comprehensive Financial Report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City’s overall financial health. In contrast to the financial section, the statistical section information is not subject to independent audit.

Financial Trends
These schedules contain trend information to help the reader understand how the City’s financial performance and well-being have changed over time:

1. Net Position by Component

2. Changes in Net Position

3. Fund Balances of Governmental Funds

4. Changes in Fund Balances of Governmental Funds
Revenue Capacity
These schedules contain information to help the reader assess the City’s most significant local revenue source, the property tax:

1. Tax Revenues by Source, Governmental Funds

2. Assessed Value of Taxable Property

3. Assessed Value of Property by Use Code

4. Property Tax Dollar by Break Down

5. Property Tax Dollars by Recipient Group

6. Direct and Overlapping Tax Rates

7. Principal Property Taxpayers

8. Property Tax Levies and Collections
Debt Capacity
These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future:

1. Ratios of Outstanding Debt by Type

2. Schedule of Direct and Overlapping Bonded Debt

3. Legal Debt Margin
Demographic and Economic Information
These schedules offer demographic and economic indicators to help the reader understand the environment within which the City’s financial activities take place:

1. Demographic Statistics

2. Principal Employers
Operating Information
These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City provides and the activities it performs:

1. Full-Time Equivalent City Employees by Function/Program

2. Full-Time Equivalent City Employees

3. Operating Indicators by Function/Program

4. Capital Asset Statistics by Function/Program

5. Trust and Agency Debt Administration
Sources
Unless otherwise noted, the information in these schedules is derived from the Annual Comprehensive Financial Reports for the relevant year.
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City of Los Altos
Net Position by ComponentLast Ten Fiscal Years(accrual basis of accounting; amounts expressed in thousands) 2012-13 (a) 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Governmental activities
Net investment in capital assets 50,102 $ 50,164$ 49,079$ 53,409$ 54,725$ 61,525$ 67,611$ 80,869$ 95,463$ 96,866 $ Restricted 7,406 17,629 17,815 14,447 11,498 10,620 11,381 15,365 24,021 14,427 Unrestricted 29,883 27,624 10,746 15,583 24,047 20,429 21,733 5,216 (11,750) (4,855) Total governmental activities net position 87,391 $ 95,417 $ 77,640 $ 83,439 $ 90,270 $ 92,574 $ 100,725 $ 101,450 $ 107,734 $ 106,438 $ Business-type activities
Net investment in capital assets 6,773 $ 8,718$ 8,662$ 8,726$ 15,356$ 9,450$ 11,239$ 12,288$ 14,650$ 15,356 $ Unrestricted 8,087 7,843 8,472 11,259 14,927 12,644 13,135 15,500 15,510 14,927 Total business-type activities net position 14,616 $ 16,805 $ 17,134 $ 19,985 $ 30,283 $ 22,094 $ 24,374 $ 27,788 $ 30,160 $ 30,283 $ Primary government
Net investment in capital assets 56,875 $ 58,882$ 57,741$ 62,135$ 112,222 $ 70,975 $ 78,850$ 93,157$ 110,113 $ 112,222 $ Restricted 7,406 17,629 17,815 14,447 14,427 10,620 11,381 15,365 24,021 14,427 Unrestricted 35,711 37,726 19,218 26,842 10,073 33,073 34,868 20,716 3,760 10,072 Total primary government net position 102,007 $ 112,222 $ 94,774 $ 103,424 $ 136,722 $ 114,668 $ 125,099 $ 129,238 $ 137,894 $ 136,721 $ Source:

City of Los Altos Finance Department
Note:(a) The City implemented the provisions of GASB Statement 63 in fiscal year 2013, which replaced the term "Net Assets" with the term "Net Position"

FISCAL YEAR
$-
$80 $60 $40 $20
$160 $140 $120 $100
12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 Capital AssetsUnrestrictedNet Assets
149
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Agenda Item # 11.

City of Los Altos
Changes in Net PositionLast Ten Fiscal Years(accrual basis of accounting; amounts expressed in thousands)

FISCAL YEAR
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 ExpensesGovernmental activities:

Public safety 15,144 $ 14,884$ 15,636$ 15,791$ 15,224$ 19,928$ 18,945$ 21,217$ 21,384$ 23,843 $ Public works 5,557 6,453 7,058 5,816 7,832 6,217 6,534 7,659 4,741 11,494Recreation 2,108 2,656 2,976 2,744 2,613 3,402 3,061 3,235 2,584 2,942Community development 4,514 4,038 4,590 5,758 4,243 6,440 5,547 6,596 7,004 7,636 Admin/Community services 5,675 3,804 4,002 4,882 4,411 5,687 5,905 9,806 8,282 14,265 Interest on long-term activities 95 71 68 63 51 64 51 40 245 307 Total governmental activities expenses 31,906 33,093 34,330 35,054 34,374 41,738 40,043 48,553 44,240 60,487 Business-type activities:

Sewer 4,529 4,574 4,789 4,607 6,754 4,970 5,273 5,527 5,268 6,900Solid waste 355 366 347 376 438 461 465 426 394 1,092Storm drain 232 165 215 - 1 1 - - - - Total Business-type activities expenses 5,116 5,105 5,351 4,983 7,193 5,432 5,738 5,953 5,662 7,992 Total primary government expenses 38,209 $ 37,011 $ 39,681 $ 40,037 $ 41,567 $ 47,170 $ 45,781 $ 54,506 $ 49,902 $ 68,479 $ Program Revenues
Governmental activities:

Charges for services:

Public safety 344 $ 417$ 898$ 462$ 363$ 330$ 488$ 324$ 202$ 3,995$ Public works 34 60 33 55 42 51 51 48 59 9Recreation 1,865 1,952 2,167 2,123 2,070 2,021 1,963 847 271 1,139Community development 7,431 5,196 3,625 3,412 3,112 4,589 4,027 3,498 5,793 9,063 Admin/Community services 947 942 954 1,033 1,082 950 753 1,200 954 47 Operating grants and contributions:

Public safety 109 116 109 437 392 409 401 188 4,140 1,056 Public works 699 909 504 336 262 298 286 420 379 427Recreation - - - 2 5 5 5 - - - Community development 59 36 343 8 148 170 - - 306 1
Admin/Community services 58 6 - - - - - - - -
Capital grants and contributions:

Public safety - - - - - - - - - -
Public works 492 747 498 1,522 807 641 806 1,856 1,778 839 Recreation - - - - - - - - - -
Community development 80 3 30 7 - 62 - - 31 -
Admin/Community services - 83 - - - - - - - -
Total governmental activities program revenues 12,118 10,467 9,161 9,397 8,283 9,526 8,780 8,381 13,913 16,576 150
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Agenda Item # 11.

City of Los Altos
Changes in Net PositionLast Ten Fiscal Years(accrual basis of accounting; amounts expressed in thousands)

FISCAL YEAR
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Business-type activities:

Charges for services:

Sewer 5,121 $ 6,347$ 6,328$ 6,986$ 6,703$ 6,369$ 6,467$ 7,942$ 7,126$ 8,282$ Solid waste 879 754 786 752 774 812 841 847 861 929
Storm drain - 12 2 - - - - - - -
Total business-type activities program revenues 6,000 7,113 7,116 7,738 7,477 7,181 7,308 8,789 7,987 9,211 Total primary government program revenues 18,118 $ 17,580 $ 16,277 $ 17,135 $ 15,760 $ 16,707 $ 16,088 $ 17,170 $ 21,900 $ 25,787 $ Net (expense)/revenue:

Governmental activities (20,975) $ (21,439) $ (25,170) $ (25,657) $ (26,091) $ (32,212) $ (31,263) $ (40,172) $ (30,327) $ (43,911) $ Business-type activities 884 2,008 1,766 2,755 284 1,749 1,570 2,836 2,325 1,219 Total primary government net (expense)/revenue (20,091) $ (19,431) $ (23,404) $ (22,902) $ (25,807) $ (30,463) $ (29,693) $ (37,336) $ (28,002) $ (42,692) $ General Revenues and Other Changes in Net PositionGovernmental activities:

Taxes:

Property taxes 14,130$ 15,586$ 17,480$ 18,776$ 19,863$ 21,429$ 23,792$ 25,787$ 28,464$ 30,086 $ Sales taxes 2,926 2,809 2,943 3,196 3,278 3,244 3,461 3,373 2,996 3,738 Utility users taxes 2,600 2,600 2,523 2,672 2,680 2,732 2,744 2,839 2,917 3,094 Other taxes 3,301 3,542 3,732 3,909 4,330 4,535 4,514 3,598 2,304 3,546 Franchise fees 1,770 1,905 1,808 2,029 2,083 2,207 2,222 2,287 2,215 2,339 Sale of Capital Assets-net (8) 2,846 - - - - - - - -
Interest income 174 99 200 438 233 320 2,226 2,595 173 (1,342) Miscellaneous 382 212 1,124 435 454 452 456 418 428 486 Transfers (232) (152) (196) - - - - - - 669
Total governmental activities 25,043 29,447 29,614 31,455 32,921 34,919 39,415 40,897 39,497 42,616 Business-type activities:

Interest income 10 - - - - - - 579 47 (471)
Miscellaneous - 28 40 96 40 70 477 - - 44
Transfers 152 232 196 - - - - - - (669)
Total business-type activities 242 180 236 96 40 70 477 579 47 (1,096) Total primary government 25,285 $ 29,627 $ 29,850 $ 31,551 $ 32,961 $ 34,989 $ 39,892 $ 41,476 $ 39,544 $ 41,520 $ Change in Net Position Governmental activities 4,068 $ 8,008$ 4,444$ 5,798$ 6,830$ 2,707$ 8,152$ 725$ 9,170$ (1,295) $ Business-type activities 1,126 2,188 2,002 2,851 324 1,819 2,047 3,415 2,372 123 Total primary government 5,194 $ 10,196 $ 6,446 $ 8,649 $ 7,154 $ 4,526 $ 10,199 $ 4,140 $ 11,542 $ (1,172) $ Source:

City of Los Altos Finance Department
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City of Los Altos
Fund Balances - Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting; amounts expressed in thousands)(Pre GASB 54 Presentation - For Years Before 2011-12) 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 General fund
Non-Spendable 46 $ 49$ 35 $ 445 $ 524 $ 38 $ 1,932 $ 1,882$ 1,836$ 1,859 $ Restricted - - - - - - - - - -
Committed 1,025 - - - - - - - - -
Assigned 4,700 6,025 27,161 29,565 29,064 37,630 38,040 39,020 25,773 15,937 Unassigned/Unrestricted 1,714 2,428 1,433 4,789 8,535 6,148 5,422 6,841 7,861 4,928 Total general fund 7,485 $ 8,502 $ 28,629 $ 34,799 $ 38,123 $ 43,816 $ 45,394 $ 47,743 $ 35,470 $ 22,724 $ All other governmental funds
Non-Spendable - $ - $ - $ - $ - $ - $ - $ - $ - $ - $
Restricted 7,406 7,406 10,008 10,614 9,969 9,645 10,107 9,939 10,890 12,149 Committed 4,611 3,630 - - - - - -
Assigned 19,514 19,460 7,621 7,201 4,477 1,993 1,335 1,495 4,529 11,872 Unreserved/Unrestricted - - - - - (140) (823) (53) (53) (532) Total all other governmental funds 31,531 30,496 17,629 17,815 14,446 11,498 10,619 11,381 15,366 23,489 Total all governmental funds 39,016 $ 38,998 $ 46,258 $ 52,614 $ 52,569 $ 55,314 $ 56,013 $ 59,124 $ 50,836 $ 46,213 $ Source:

City of Los Altos Finance Department

FISCAL YEAR
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City of Los Altos
Fund Balances - Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting; amounts expressed in thousands)(GASB 54 Presentation - 2021-22) General Fund
In Lieu Park
Land
Capital
Projects
Other Govt
Funds Total
Inventory & Prepaids (214) $ - $ - $ - $ (214) $ Notes Receivable - - - - - Non-Spendable - (214) - - (214)
Debt Service (370) (370)
Special Revenue Programs and Projects - (8,351) - (5,706) (14,057) Restricted - (8,351) - (6,076) (14,427)General Fund Reserve (8,757) - - - (8,757)Veteran Memorial (9) - - - (9) OPEB &PERS (293) - - - (293)
Technology (1,279) - - - (1,279)Capital and Equipment - - - (684) (684) CIP Reserve - - (11,851) - (11,851)
Capital Project Reserve - Community Center - - - - -
Assigned - (10,338) (11,851) (684) (22,873)
Unrealized Gain/(Loss) 856 - - - 856
Unassigned (9,915) - - 236 (9,679)
Total Unassigned Fund Balance - (9,059) - 236 (8,823)Total Fund Equity (19,611) $ (8,351) $ (11,851) $ (6,524) $ (46,337) $ Source:

City of Los Altos Finance Department
-
50,000 40,000 30,000 20,000 10,000
UnassignedAssignedRestrictedNon-Spendable
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City of Los Altos
Changes in Fund Balances - Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting; amounts expressed in thousands) 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Revenues
Taxes 19,444 $ 21,950 $ 26,690$ 28,565$ 30,151$ 31,939$ 34,511$ 35,597$ 36,684$ 40,464 $ License, permits and park-in-lieu 3,312 4,531 3,925 3,784 3,786 4,195 4,207 4,209 4,545 4,919 Intergovernmental 4,513 4,861 1,027 973 742 2,087 1,557 1,358 4,155 5,836 Grants and donations 650 788 873 1,863 1,214 928 396 1,368 4,017 541Charges for services 4,480 4,572 4,698 4,659 4,577 4,620 4,850 3,751 3,221 4,095 Fines and forfeitures 171 214 161 264 213 178 191 195 138 184 Interest and rentals 135 159 291 558 230 360 2,269 2,681 233 (1,303) Other 4,616 2,989 1,306 187 291 137 214 119 418 3,786
Total revenues 37,320 40,064 38,971 40,853 41,204 44,444 48,195 49,278 53,411 58,522 Expenditures
General government
Public Safety
Police 9,178 8,891 9,167 9,976 9,968 10,744 11,107 11,465 11,673 13,225 Fire Services 5,513 5,714 5,961 6,219 6,473 6,722 7,011 7,331 7,717 7,893 Public works 4,831 4,353 4,307 4,859 5,299 5,784 5,535 5,469 5,617 6,134 Recreation 2,102 2,186 2,389 2,423 2,343 2,509 2,469 2,313 1,782 2,540 Community development 4,553 3,885 4,221 6,087 4,653 5,747 5,361 5,896 6,445 6,967 Administration/Community services 3,655 3,552 3,770 4,852 4,567 4,773 5,673 8,515 7,702 13,969 Capital improvements 2,916 3,492 2,435 6,313 4,992 7,299 7,756 15,428 23,343 6,714 Debt service
Principal 95 95 100 105 105 110 120 120 628 534
Interest and fiscal charges 75 72 69 64 60 56 52 47 239 308 Total expenditures 32,918 32,240 32,419 40,898 38,460 43,744 45,084 56,584 65,146 58,284 Excess (deficiency) of revenues over (under) expenditures 7,824 4,402 6,552 (45) 2,744 700 3,111 (7,306) (11,735) 238 Other financing sources (uses)
Debt issuance - - - - - - - - 10,000 -
Payment to refunded bonded escrow agent - - - - - - - - - - Transfers in 2,443 2,119 3,632 1,752 760 5,714 8,243 17,747 31,551 10,136 Transfers out (2,925) (2,685) (3,828) (1,752) (760) (5,714) (8,243) (18,729) (31,551) (10,251) Total Other financing sources (uses) (482) (566) (196) - - - - (982) 10,000 (115) Fiscal Year
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City of Los Altos
Changes in Fund Balances - Governmental FundsLast Ten Fiscal Years(modified accrual basis of accounting; amounts expressed in thousands) 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Fiscal Year
Special items
CalPERS Side Fund Pay Down (950) - - - - - - - - -
Sale of capital assets-net 492 - - - - - - - - -
Total special items (458) - - - - - - - - -
Net change in fund balances 3,462 $ 7,258 $ 6,356 $ (45) $ 2,744 $ 700 $ 3,111 $ (8,288) $ (1,735) $ 123 $ Debt service as a percentage of
non-capital expenditures 0.6% 0.6% 0.5% 0.5% 1.5% 0.5% 0.5% 0.4% 2.1% 1.6% Source:

City of Los Altos Finance Department
-
70,000 60,000 50,000 40,000 30,000 20,000 10,000
12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 RevenuesTotal ExpOperational ExpCapital ExpDebt ServiceDebt Issuance 155
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Agenda Item # 11.

City of Los Altos
Tax Revenues by Source - Governmental FundsLast Ten Fiscal Years Fiscal Sales Business Utility Transient Real Estate Motor Vehicle Building Special Year Property Tax Licenses Users Occupancy Transfer Tax License Tax Development Assessments Total 2012-13 14,130,040 2,926,441 519,828 2,600,054 1,946,484 587,422 15,102 247,992 - 22,973,363 2013-14 15,586,329 2,809,489 475,298 2,600,034 2,168,556 583,581 12,639 314,271 - 24,550,197 2014-15 17,479,882 2,942,764 453,201 2,522,536 2,450,488 616,500 12,281 212,187 - 26,689,839 2015-16 18,775,472 3,195,628 520,687 2,672,236 2,608,368 617,355 12,119 162,981 - 28,564,846 2016-17 19,863,197 3,278,430 539,989 2,679,961 2,985,201 668,242 14,046 122,071 - 30,151,137 2017-18 21,428,501 3,243,554 547,065 2,732,325 3,072,982 732,409 16,530 165,900 - 31,939,265 2018-19 23,791,531 3,461,298 540,262 2,743,570 3,166,067 679,424 15,054 113,589 - 34,510,795 2019-20 25,786,599 3,373,391 517,818 2,838,664 2,359,762 579,948 24,686 115,994 - 35,596,861 2020-21 28,464,193 2,996,325 537,089 2,917,252 662,132 931,856 22,646 150,170 - 36,681,663 2021-22 30,086,157 3,738,113 612,218 3,093,784 1,778,966 996,702 35,247 121,242 - 40,462,429 Source: City of Los Altos Finance Department
$-
$5,000,000
$45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 TTL Tax RevenueProp TaxSales TaxUUTOther
156
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City of Los Altos
Assessed Value of Taxable PropertyLast Ten Fiscal Years City of Los Altos Total Estimated Factor of Assessed
Less Total Taxable Direct Actual Taxable Value
Fiscal Residential Commercial Industrial Net Tax- Exempt Assessed Tax % Taxable Assessed as a % of Year Property Property Property Other Unsecured Property Value (1) Rate (1) Change Value (2) Value (2) Actual Value 2012-13 9,431,853,173 $ 642,590,939 $ - $ 45,608,509 $ 82,124,561 $ - $ 10,202,177,182 $ 1% 5.19% - $ - $ - 2013-14 10,318,249,580 676,252,209 - 67,682,916 97,506,301 - 11,159,691,006 1% 9.39% - - -2014-15 11,017,386,476 685,084,415 - 83,121,563 109,149,891 - 11,894,742,345 1% 6.59% - - -2015-16 11,848,840,720 750,708,212 - 106,506,870 125,355,972 - 12,831,411,774 1% 7.87% - - -2016-17 12,754,487,484 771,705,270 - 106,158,405 80,739,845 - 13,713,091,004 1% 6.87% - - -2017-18 13,600,334,963 880,225,920 - 90,338,436 83,250,683 - 14,654,150,002 1% 6.86% - - -2018-19 14,551,466,831 936,831,320 - 119,120,564 112,813,483 - 15,720,232,198 1% 7.27% - - -2019-20 15,563,770,279 1,003,212,732 - 110,061,604 131,971,942 - 16,809,016,557 1% 6.93% - - -2020-21 16,685,985,691 1,045,789,993 - 116,124,083 127,343,780 - 17,975,243,547 1% 6.94% - - -2021-22 17,660,710,167 1,176,998,446 917,222 316,378,008 130,730,093 507,152,078 18,778,581,858 1% 4.47% 42,924,835,863 2.285840 43.75% Source: Santa Clara County Assessor data, MuniServices, LLC, / Avenu Insights & Analytics 2020-21 and Prior Years, previous Published ACFR Report. ( - ) Data not available (1) Total direct tax rate is represented by TRA 11-000.(2) Estimated Actual Value is derived from a series of calculations comparing median assessed values from 1940 to current median sale prices.

Based on these calculations a multiplier value was extrapolated and applied to current assessed values. $0
$8,000,000,000$6,000,000,000$4,000,000,000$2,000,000,000 $20,000,000,000$18,000,000,000$16,000,000,000$14,000,000,000$12,000,000,000$10,000,000,000 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Assessed Value
Fiscal Year
Total Taxable Assessed Value Residential Property Commercial Property 157
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Agenda Item # 11.

City of Los Altos
Assessed Value of Property By Use CodeLast Ten Fiscal Years Category 2021-22
Residential 17,660,710,167 $Commercial 1,176,998,446Institution 195,945,908Social 54,964,365 Vacant 39,484,106 Transportation 15,348,765 Public 4,714,699 Agriculture 4,549,755 Recreational 1,370,410 Industrial 917,222 Unknown - Gross Secured Value 19,155,003,843Unsecured Value 130,730,093Less Exemptions 507,152,078Net Taxable Value 18,778,581,858 $Source: Santa Clara County Assessor data, MuniServices, LLC, / Avenu Insights & Analytics Use code categories are based on Santa Clara County Assessor's data Historical data is unavailable
158
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Agenda Item # 11.

City of Los Altos
Property Tax Dollar BreakdownJune 30, 2022
Source: City of Los Altos Finance Department

1.00000.90000.80000.70000.60000.50000.40000.30000.20000.10000.0000

0.02930.04090.07210.11660.15940.16110.16680.1923
Scvwd-zone W-4Scvwd-districtBay Area Air QualityManagement DistrictScvwd State Water ProjectScvwd-n WestMidpeninsula Regional OpenSpace DistrictEl Camino HospitalCounty Library Retirement LevyCounty School ServiceFoothill-DeAnza CommunityCollegeLos Altos General FundSanta Clara County GeneralMountain View-Los Altos UnionHighEducation Revenue AugmentationFund (ERAF)Los Altos Elementary 159
398
Agenda Item # 11.

City of Los Altos
Property Tax Dollars By Recipient GroupJune 30, 2022
Source: City of Los Altos Finance Department
Los Altos, 0.1166
County, 0.1594
Schools, 0.6332
Library, 0.0293
Open Space, 0.0176
Hospital, 0.0200 Water & Utilities, 0.0239
160
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Agenda Item # 11.

City of Los Altos
Direct and Overlapping Tax RatesLast Ten Fiscal Years(rate per $100 of taxable value) Basic Santa County Los Altos Mountain View Cupertino Whisman Foothill- Mountain View Fremont Santa Clara Mid County County Fiscal County- Clara Library Elementary Elementary Elementary School De Anza Los Altos Union High Valley Water Peninsula Housing Hospital El Camino Year Wide Retirement Retirement School School School Bond College High School School District Open Space Bond Bonds Hospital Total 2012-13 1.0000 0.0388 0.0024 0.0579 0.0302 0.0598 0.0300 0.0287 0.0139 0.0390 0.0069 - - 0.0051 0.0129 1.3256 2013-14 1.0000 0.0388 0.0024 0.0534 0.0276 0.0525 0.0254 0.0290 0.0121 0.0405 0.0070 - - 0.0035 0.0129 1.3051 2014-15 1.0000 0.0388 0.0024 0.0524 - 0.0540 - 0.0276 0.0133 0.0396 0.0065 - - 0.0091 0.0129 1.2566 2015-16 1.0000 0.0388 0.0024 0.0485 - 0.0519 - 0.0240 0.0119 0.0525 0.0057 0.0008 - 0.0088 0.0129 1.2582 2016-17 1.0000 0.0388 0.0024 0.0479 - 0.0509 - 0.0234 0.0112 0.0403 0.0086 0.0006 - 0.0086 0.0129 1.2456 2017-18 1.0000 0.0388 0.0024 0.0463 - 0.0496 - 0.0220 0.0107 0.0464 0.0062 0.0009 0.0127 0.0082 0.0100 1.2542 2018-19 1.0000 0.0388 0.0024 0.0449 - 0.0397 - 0.0217 0.0409 0.0430 0.0042 0.0018 0.0105 0.0072 0.0100 1.2651 2019-20 1.0000 0.0388 0.0024 0.0418 - 0.0415 - 0.0208 0.0365 0.0479 0.0041 0.0016 0.0100 0.0069 0.0100 1.2623 2020-21 1.0000 0.0388 0.0024 0.0713 - 0.0403 - 0.0364 0.0400 0.0478 0.0037 0.0015 - 0.0069 0.0100 1.2991 2021-22 1.0000 0.0388 0.0024 0.0511 - - - 0.0331 0.0278 - 0.0051 0.0015 0.0127 0.0061 0.0100 1.1886 Source: Santa Clara County Auditor data, MuniServices, LLC, / Avenu Insights & Analytics (1) Overlapping rates are those of local and county governments that apply to property owners within the City of Los Altos; however, not all of these overlapping rates apply to all Los Altos property owners.

Overlapping Rates (1)

1.400001.200001.000000.800000.600000.400000.200000.00000 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Regional Property Tax Rate City of Los Altos Allocation 161
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Agenda Item # 11.

City of Los Altos
Principal Property TaxpayersCurrent Year and Nine Years Ago % of City's % of City's
Total Est. Total Total Est. Total
Assessed Property Tax Assessed Property Tax
Taxpayer Value Rank Revenue Value Rank Revenue
RLJ R Los Altos LP 69,060,441 $ 1 0.37%Los Altos Gardens II LP 58,313,202 2 0.31% 28,185,439 $ 2 0.28%Imperial Hornet Developers LLC 56,681,195 3 0.30% St Paul Fire & Marine Insurance Compan 54,607,198 4 0.29% 41,333,262 1 0.41% 5150 ECR Group LLC 50,456,569 5 0.27%
Cerebras Systems Inc 37,511,969 6 0.20%
Richard T Spieker Trustee 35,456,061 7 0.19%
Springwood Apartments LLC 33,893,351 8 0.18% 27,543,684 3 0.27%199 First Street Owner LLC 29,735,640 9 0.16% Safeway Inc 27,389,815 10 0.15%
Compass Grand Los Altos LLC - - 21,839,716 4 0.22%KRC Los Altos LP - - 21,232,298 5 0.21%4 Seasons Assoc LLC - - 19,301,940 6 0.19%Palo Alto Medical Foundation - - 18,454,406 7 0.18%Los Altos Hotel Assoc LLC - - 17,143,589 8 0.17%Village Court Partners - - 15,620,965 9 0.15%Whole Foods Market - - 13,137,942 10 0.13% Top Ten Total 453,105,441 $ 2.41% 223,793,241 $ 2.21%City Total 18,778,581,858 $ 10,147,980,382 $ Source: Santa Clara County Assessor data, MuniServices, LLC, / Avenu Insights & Analytics 2021-22 2012-13
162
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Agenda Item # 11.

City of Los Altos
Property Tax Levies and CollectionsLast Ten Fiscal Years Current Current Delinquent
Fiscal Total Tax Levy Levy Collected Collections Tax
Year Tax Levy Collections Collected of the Total Levy of the Levy Collections 2012-13 3,877,675,089 $ 301,164,764 $ 292,131,302 $ 7.53% 97.00% 3.00% 2013-14 4,165,019,181 349,740,765 316,325,898 7.59% 90.45% 2.59%2014-15 4,463,179,149 344,291,093 339,731,930 7.61% 98.68% 0.98%2015-16 4,944,651,360 330,545,207 326,823,894 6.61% 98.87% 1.13%2016-17 5,278,067,434 359,152,852 346,454,876 6.56% 96.46% 1.89%2017-18 5,719,021,680 355,579,401 345,863,202 6.05% 97.27% 1.86%2018-19 6,070,435,575 402,557,998 394,623,618 6.50% 98.03% 1.46%2019-20 6,512,388,164 385,721,931 378,492,815 5.81% 98.13% 1.74%2020-21 6,920,087,868 422,454,897 413,409,481 5.97% 97.86% 1.80%2021-22 7,314,546,442 388,627,914 381,445,431 5.21% 98.15% 1.72% Source: County of Santa ClaraNote:

The actual tax levy data for the City of Los Altos is not available because the Santa Clara County uses a factor known as the AB8 factors to apportion the 1% portion of the tax levies/collections to each of the jurisdictions within the county. The City's AB8 factors range from 0.0029 to 0.0033 for the past 10 years. Additionally, the City and the County adopted the "alternative method of property tax distributions" that authorizes the County to allocate 100% of the secured property tax based on levy instead of collection, and to retain all delinquent penalties and interest.

Santa Clara County
163
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Agenda Item # 11.

City of Los Altos
Ratios of Outstanding Debt by Type
General Certificates Per Capita
Fiscal Obligation of Capital Per Personal
Year Bond Participation (1) Lease (1) Total Population (2) Capita Income (2) 2012-13 - $ 1,760,000 $ - $ 1,760,000 $ 29,792 59$ 74,570 $ 2013-14 - 1,665,000 - 1,665,000 29,969 56 79,102 2014-15 - 1,565,000 - 1,565,000 29,884 52 83,041 2015-16 - 1,460,000 - 1,460,000 31,353 47 80,407 2016-17 - 1,355,000 - 1,355,000 31,402 43 86,558 2017-18 - 1,245,000 - 1,245,000 31,361 40 93,010 2018-19 - 1,125,000 - 1,125,000 31,190 36 96,333 2019-20 - 1,005,000 - 1,005,000 30,876 33 104,649 2020-21 - 880,000 9,496,863.00 10,376,863 30,510 340 115,433 2021-22 - 750,000 9,092,251.00 9,842,251 31,526 312 132,589 Sources:
(1) City of Los Altos Finance Department(2) MuniServices, LLC, / Avenu Insights & Analytics, U.S. Census Bureau Last Ten Fiscal Years
Note: Special Assessment Debt is no longer presented as they involve limited obligation bonds that are secured by ad valorem assessments and carry no city obligation.

Governmental Activities
164
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Agenda Item # 11.

City of Los Altos
Schedule of Direct and Overlapping Bonded Debt
2020-22 Assessed Valuation: $18,825,558,858
Total Debt % City’s Share of
OVERLAPPING TAX AND ASSESSMENT DEBT: 6/30/2022 Applicable (1) Debt 6/30/22 Santa Clara County $ 1,130,850,000 3.267% $36,944,870
Foothill-De Anza Community College District 657,878,325 9.254% 60,880,060 Fremont Union High School District 582,770,088 3.946% 22,996,108 Mountain View-Los Altos Union High School District 258,658,320 23.773% 61,490,842 Cupertino Union School District 271,768,303 7.200% 19,567,318 Los Altos School District 145,755,000 52.151% 76,012,690 El Camino Hospital District 111,240,000 16.481% 18,333,464 Midpeninsula Regional Park District 84,575,000 5.326% 4,504,465 Santa Clara Valley Water District Benefit Assessment District 48,150,000 3.267% 1,573,061 City of Los Altos 1915 Act Bonds 470,000 100.000% 470,000 TOTAL OVERLAPPING TAX AND ASSESSMENT DEBT $302,772,878
DIRECT AND OVERLAPPING GENERAL FUND DEBT:

Santa Clara County General Fund Obligations $ 1,210,694,365 3.267% 39,553,385 Santa Clara County Pension Obligation Bonds 335,638,470 3.267% 10,965,309 Santa Clara County Board of Education Certificates of Participation 1,820,000 3.267% 59,459 Foothill-De Anza Community College District Certificates of Participation 21,380,000 9.254% 1,978,505 Mountain View-Los Altos Union High School District General Fund Obligatio 23.773% 512,202 2,154,552 Los Altos School District General Fund Obligations 1,711,634 52.151% 892,634 City of Los Altos General Fund Obligations 9,842,902 100.000% 9,842,902 Midpeninsula Regional Park District General Fund Obligations 99,705,600 5.326% 5,310,320 Santa Clara County Vector Control District Certificates of Participation 1,505,000 3.267% 49,168 TOTAL GROSS DIRECT AND OVERLAPPING GENERAL FUND DEBT $ 69,163,884 Less: Santa Clara County supported obligations 590,633
TOTAL NET DIRECT AND OVERLAPPING GENERAL FUND DEBT $ 68,573,251 TOTAL DIRECT DEBT $ 9,842,902
TOTAL GROSS OVERLAPPING DEBT $ 362,093,860
TOTAL NET OVERLAPPING DEBT $ 361,503,227
GROSS COMBINED TOTAL DEBT $ 371,936,762 (2)
NET COMBINED TOTAL DEBT $ 371,346,129
(1)
(2) Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and non-bonded capital lease obligations.

June 30, 2022
The percentage of overlapping debt applicable to the city is estimated using taxable assessed property value. Applicable percentages were estimated by determining the portion of the overlapping district's assessed value that is within the boundaries of the city divided by the district's total taxable assessed value.
165
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Agenda Item # 11.

City of Los Altos
Legal Debt Margin
Debt Limit Debt Legal
Fiscal Assessed 15% of Assessed Applicable to Debt
Year Valuation (1) Valuation Limit Margin
2012-13 10,202,177,182 $ 1,530,326,577 $ - $ 1,530,326,577 $ 2013-14 11,159,691,006 1,673,953,651 - 1,673,953,651
2014-15 11,894,742,345 1,784,211,352 - 1,784,211,352
2015-16 12,831,411,774 1,924,711,766 - 1,924,711,766
2016-17 13,713,091,004 2,056,963,651 - 2,056,963,651
2017-18 14,654,150,002 2,198,122,500 - 2,198,122,500
2018-19 15,720,232,198 2,358,034,830 - 2,358,034,830
2019-20 16,809,016,557 2,521,352,484 - 2,358,034,830
2020-21 17,975,243,547 2,696,286,532 - 2,696,286,532
2021-22 18,778,581,858 2,816,787,279 - 2,816,787,279
Last Ten Fiscal Years
Source: City of Los Altos Finance Department MuniServices, LLC 166
405
Agenda Item # 11.

City of Los Altos
Demographic StatisticsLast Ten Fiscal Years
Per Capita County City % with % with Public
City Percentage Personal Personal Unemployment Unemployment Median High School Bachelor's School Fiscal Year Population (1) Change Income (2) Income (2) Rate (%) (3) Rate(%) (3) Age (4) Degree (4) Degree (4) Enrollment (5) 2012-13 29,792 1.13% 2,221,589 $ 74,570$ 8.40% 3.2% 45.8 98.70% 76.70% 8,198 2013-14 29,969 0.59% 2,370,608 79,102 6.80% 2.6% 46.1 98.70% 77.40% 8,3032014-15 29,884 -0.28% 2,481,597 83,041 3.80% 3.4% 46.2 98.80% 78.70% 8,2842015-16 31,353 4.92% 2,521,001 80,407 4.20% 2.7% 46.2 98.70% 79.00% 8,6662016-17 31,402 0.16% 2,718,094 86,558 3.80% 2.4% 45.7 98.70% 80.00% 8,6062017-18 31,361 -0.13% 2,916,887 93,010 2.60% 1.6% 45.7 98.70% 80.90% 8,6852018-19 31,190 -0.55% 3,004,626 96,333 2.10% 2.4% 45.9 98.60% 82.30% 8,6102019-20 30,876 -1.01% 3,231,143 104,649 11.00% 2.3% 45.8 98.60% 82.60% 8,5132020-21 30,510 -1.19% 3,521,861 115,433 7.00% 4.2% 46.1 98.40% 84.20% 7,6932021-22 31,526 3.33% 4,179,995 132,589 1.80% 1.4% 45.7 98.50% 87.60% 7,886 Source: MuniServices, LLC, / Avenu Insights & Analytics, U.S. Census BureauSource: 2021 and prior, previously published ACFR Report1) Population Projections are provided by the California Department of Finance Projections.2) Per Capita Income Data is provided by the United States Census Data and is adjusted for inflation. Personal Income has been restated from prior years.3) Unemployment Data is provided by the EDD's Bureau of Labor Statistics Department. 4) Data provided by the United States Census Data Sets Tables. 5) Student Enrollment reflects the total number of students enrolled in Los Altos Elementary and Mountain View-Los Altos Union High. 167
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Agenda Item # 11.

City of Los Altos
Principal EmployersCurrent Year and Four Years Ago
% of % of
Number of Total City Number of Total City
Employer Employees (1) Rank Employment Employees (4) Rank Employment Los Altos School District 459 1 3.12% 568 1 4.26%
Los Altos Sub-Acute & Rehabilitation Center 241 2 1.64% - - - Whole Foods Market 233 3 1.59% 242 2 1.81% Los Altos High School 212 4 1.44% 217 3 1.63%
Toyota Research Institute (HQ) 187 5 1.27% - - - Compass (formerly Alain Pinel Realtors) 166 6 1.13% 107 8 0.80% The David and Lucile Packard Foundation 131 7 0.89% 100 9 0.75% City of Los Altos 120 8 0.82% 133 5 1.00%
Adobe Animal Hospital 120 9 0.82% 129 7 0.97%
Palo Alto Medical Foundation 110 10 0.75% 135 4 1.01%
Coldwell Banker - - 130 6 0.97%
Trader Joes - - 71 10 0.53%
Top Ten Total 1,979 13.46% 1,832 13.73%
Total City Labor Force 14,700 (1) 13,341
Sources:

MuniServices, LLC, / Avenu Insights & Analytics2018 data, from prior published ACFR. Historical data unavailableResults based on direct correspondence with city’s local businesses. (1) Total City Labor Force provided by EDD Labor Force Data. 2021-22 2017-2018 (Latest Available)
168
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Agenda Item # 11.

City of Los Altos
Full-time Equivalent City Employees by Function/ProgramLast Ten Fiscal Years Function/Program 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22Public Safety Police Operations 32.00 32.00 32.00 31.00 31.00 31.00 31.00 30.00 30.00 29.00 Police Traffic Safety 5.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 Communications 11.00 11.00 11.00 11.00 11.00 11.00 11.00 13.00 13.00 13.00 Maintenance Services 29.50 29.50 29.50 29.50 29.50 29.50 28.00 27.00 27.00 27.00 Recreation 7.00 7.00 7.00 8.00 8.00 8.00 8.00 8.00 8.00 10.00 Community Development
Planning & Building 13.00 14.00 14.00 14.00 15.00 15.00 14.00 15.00 15.00 16.00 Engineering 9.00 9.00 9.00 9.00 10.00 10.00 12.25 13.25 13.25 12.25 Economic Development 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Administration
City Management 4.75 5.00 5.00 5.00 5.00 5.00 6.00 6.00 6.00 6.00 Administration & Finance 10.00 10.00 10.00 12.00 12.00 12.00 11.00 11.00 11.00 13.00 Sewer 6.25 6.25 6.25 6.25 6.25 6.25 7.50 7.50 7.50 7.50 Solid Waste 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 Storm Drain 1.00 1.00 1.00 - - - - - - -
Total 129.75 130.00 130.00 131.00 133.00 133.00 134.00 136.00 136.00 139.00 Source:

City of Los Altos Finance DepartmentNote: In FY09-10 Staffing assignments were recategorized in the revision of the budget process to align with functional areas.

FISCAL YEAR
169
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Agenda Item # 11.

City of Los Altos
Full-time Equivalent City Employees Last Ten Fiscal Years Source:

City of Los Altos
-
90 80 70 60 50 40 30 20 10
140 130 120 110 100
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Number of Full-time Equivalent Employees
Fiscal Year
170
409
Agenda Item # 11.

City of Los Altos
Operating Indicators by Function/ProgramLast Ten Fiscal Years 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Police:

Arrests 308 283 312 222 210 211 717 893 347 132
Moving citations issued 1,285 1,069 1,555 1,757 982 1,203 2,517 1474 1053 510Parking citations issued 1,947 2,559 2,266 3,138 2,431 1,879 1,338 1573 543 1483Municipal code violations issued 56 161 109 103 25 115 116 54 54 31 Public Works:

Crack sealing in lineal feet 98,136 2,112 113,784 101,040 110,000 174,040 - 120,000 45,536 80,446 Street sign installed and replaced 511 949 596 457 100 320 1,025 1200 411 398 Recreation:

Classes/programs 2,675 2,738 2,713 2,107 2,349 2,724 1,803 1559 1298 2164 Facility rentals 2,702 3,501 5,648 5,378 5,927 4,141 4,044 2246 1269 1108Field/gymnasium permits 3,388 2,945 4,509 2,795 3,433 3,556 3,109 2383 1935 2633 Planning:

Plan applications submitted 510 716 757 800 675 686 988 493 935 938 Building:

Permits issued 1,817 1,757 1,751 1,927 1,769 1,795 1,939 1,695 2,036 1,897 Plan checks submitted 636 649 582 599 619 569 619 883 991 1036 Inspections 6,631 7,682 7,227 7,517 6,445 6,479 7,967 7,920 8,862 9,054 Sewer:

Cleaning and flushing in lineal feet 777,285 667,415 683,552 759,456 585,273 713,795 585,095 601,543 768,557 681,779 Storm Drain:

Catch basin/storm drain cleaned 1,202 1,898 1,350 1,350 1,350 1,350 1,350 2,000 1,350 1,500 (measured in storm inlets cleaned)
Sources:

City of Los Altos Quarterly Reports.Data for all fiscal years was provided by the corresponding departments.

Function/Program

FISCAL YEAR
171
410
Agenda Item # 11.

City of Los Altos
Capital Asset Statistics by Function/ProgramLast Ten Fiscal Years 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Public Safety:

Police Station 1111111111
Fire Stations 2222222222
Recreation:

Number of Parks 10 10 10 10 10 10 10 10 10 10
Park Acreage 38 38 38 38 38 38 38 38 38 38Number of Libraries 2222222222Number of History Museums 1111111111 Maintenance Services:

Miles of Streets 127 127 127 127 127 127 127 127 127 127 Number of Traffic Signals 13 13 13 13 13 16 16 16 16 16 Sewer:

Miles of Sewer Mains 141 141 141 141 141 141 141 141 141 141 Storm Drain:

Miles of Storm Drain Mains 58 58 58 58 58 58 58 58 58 58 Source:

City of Los Altos
Function/Program

FISCAL YEAR
172
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City of Los Altos
Trust and Agency Debt AdministrationLast Ten Fiscal Years Fiscal Year
Special Principal Interest Special Principal Interest Special Principal Interest Special Principal Interest Coverage 2012-13 27,091 8,000 1,740 27,405 17,000 8,300 42,960 10,000 31,900 97,456 35,000 41,940 1.27 2013-14 10,044 8,000 1,276 27,341 18,000 7,487 46,491 10,000 31,629 83,876 36,000 40,392 1.10 2014-15 - 18,620 783 27,216 19,000 6,626 50,280 15,000 31,241 77,496 52,620 38,650 0.85 2015-16 - - - 29,592 20,000 5,719 48,024 15,000 30,741 77,616 35,000 36,460 1.09 2016-17 - - - 26,192 21,000 4,766 51,709 15,000 30,197 77,901 36,000 34,963 1.10 2017-18 - - - 26,217 21,000 3,790 49,802 15,000 29,610 76,019 36,000 33,400 1.10 2018-19 - - - 28,537 22,000 2,790 48,378 15,000 28,971 76,915 37,000 31,761 1.12 2019-20 - - - 27,741 23,999 1,721 47,868 15,000 28,341 75,609 38,999 30,062 1.09 2020-21 - - - 25,581 25,000 581 48,691 15,000 27,648 74,272 40,000 28,229 1.09 2021-22 - - - - - - 47,993 15,000 26,926 47,993 15,000 26,926 1.14 Source: City of Los Altos Finance DepartmentNote : This chart presents Limited Obligation Debt that the City Administers on a trust and Agency Basis. This debt does not represent City Obligations.

Non-City Obligation Debt
Special Assessment Debt Service
Avalon Dr. Curb & Gutter Raymundo Curb & Gutter Blue Oak Lane Sewer Total Special Assessment Debt Service 173
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CITY OF LOS ALTOS

MEMORANDUM ON INTERNAL CONTROL
FOR THE YEAR ENDED JUNE 30, 2022
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CITY OF LOS ALTOS

MEMORANDUM ON INTERNAL CONTROL
For The Year Ended June 30, 2022
Table of Contents
Page
Memorandum on Internal Control ..................................................................................................... 1 Schedule of Other Matters ............................................................................................................. 3 Status of Prior Years Schedule of Significant Deficiencies ........................................................ 13 Status of Prior Years Schedule of Other Matters......................................................................... 15 416
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MEMORANDUM ON INTERNAL CONTROL
To the City Council of
the City of Los Altos, California
In planning and performing our audit of the basic financial statements of the City of Los Altos (City) as of and for the year ended June 30, 2022, in accordance with auditing standards generally accepted in the United States of America, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore material weaknesses or significant deficiencies may exist that were not identified. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. However, as discussed below, we identified certain deficiencies in internal control that we consider to be significant deficiencies.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected on a timely basis. We did not identify any deficiencies in internal control that we consider to be material weaknesses.

A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the deficiencies in internal control included on the Status of Prior Year Significant Deficiencies to be significant deficiencies.

Included in the Schedule of Other Matters are recommendations not meeting the above definitions that we believe are opportunities for strengthening internal controls and operating efficiency.

Management’s written responses included in this report have not been subjected to the audit procedures applied in the audit of the financial statements and, accordingly, we express no opinion on them.

Government Auditing Standards require the auditor to perform limited procedures on the City’s response to the findings identified in our audit and described in the accompanying Status of Prior Years Significant Deficiencies and Status of Prior Years Schedule of Other Matters. The City’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.
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This communication is intended solely for the information and use of management, City Council, others within the organization, and agencies and pass-through entities requiring compliance with Government Auditing Standards, and is not intended to be and should not be used by anyone other than these specified parties.

Pleasant Hill, California
February 20, 2023
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2022-01: Fund Type
GAAP provide that enterprise funds may be used to report any activity for which a fee is charged to external users for goods or services.

It appears Storm Drain Enterprise Fund has not charged fees to external users since FY2018.

This Fund might not longer qualify as a enterprise fund type.

We recommend the City evaluate the Storm Drain Fund and consider merging it into General Fund if it no longer qualifies as an enterprise fund, as applicable in the future years.

Management Response:

The City will evaluate this Fund to ensure proper fund type is reported in the future years.

NEW GASB PRONOUNCEMENTS OR PRONOUNCEMENTS NOT YET EFFECTIVE The following comment represents new pronouncements taking effect in the next few years. We have cited them here to keep you abreast of developments:

EFFECTIVE FISCAL YEARS 2022, 2023 and 2024:

GASB 99 – Omnibus 2022
The objectives of this Statement are to enhance comparability in accounting and financial reporting and to improve the consistency of authoritative literature by addressing (1) practice issues that have been identified during implementation and application of certain GASB Statements and (2) accounting and financial reporting for financial guarantees. The practice issues addressed by this Statement are as follows:
• Classification and reporting of derivative instruments within the scope of Statement No. 53, Accounting and Financial Reporting for Derivative Instruments, that do not meet the definition of either an investment derivative instrument or a hedging derivative instrument. • Clarification of provisions in Statement No. 87, Leases, as amended, related to the determination of the lease term, classification of a lease as a short term lease, recognition and measurement of a lease liability and a lease asset, and identification of lease incentives. • Clarification of provisions in Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangements, related to (a) the determination of the public-private and public-public partnership (PPP) term and (b) recognition and measurement of installment payments and the transfer of the underlying PPP asset.
• Clarification of provisions in Statement No. 96, Subscription-Based Information Technology Arrangements, related to the subscription-based information technology arrangement (SBITA) term, classification of a SBITA as a short term SBITA, and recognition and measurement of a subscription liability.
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• Extension of the period during which the London Interbank Offered Rate (LIBOR) is considered an appropriate benchmark interest rate for the qualitative evaluation of the effectiveness of an interest rate swap that hedges the interest rate risk of taxable debt. • Accounting for the distribution of benefits as part of the Supplemental Nutrition Assistance Program (SNAP).
• Disclosures related to nonmonetary transactions.
• Pledges of future revenues when resources are not received by the pledging government. • Clarification of provisions in Statement No. 34, Basic Financial Statements—and Management’s Discussion and Analysis—for State and Local Governments, as amended, related to the focus of the government-wide financial statements.
• Terminology updates related to certain provisions of Statement No. 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position. • Terminology used in Statement 53 to refer to resource flows statements.

The Requirements of this Statement are Effective as Follows:

The requirements in paragraphs 26–32 related to extension of the use of LIBOR, accounting for SNAP distributions, disclosures of nonmonetary transactions, pledges of future revenues by pledging governments, clarification of certain provisions in Statement 34, as amended, and terminology updates related to Statement 53 and Statement 63 are effective upon issuance.

The requirements in paragraphs 11–25 related to leases, PPPs, and SBITAs are effective for fiscal years beginning after June 15, 2022, and all reporting periods thereafter.

The requirements in paragraphs 4–10 related to financial guarantees and the classification and reporting of derivative instruments within the scope of Statement 53 are effective for fiscal years beginning after June 15, 2023, and all reporting periods thereafter.

Earlier application is encouraged and is permitted by individual topic.

How the Changes in This Statement Will Improve Financial Reporting The requirements of this Statement will enhance comparability in the application of accounting and financial reporting requirements and will improve the consistency of authoritative literature. Consistent authoritative literature enables governments and other stakeholders to more easily locate and apply the correct accounting and financial reporting provisions, which improves the consistency with which such provisions are applied. The comparability of financial statements also will improve as a result of this Statement. Better consistency and comparability improve the usefulness of information for users of state and local government financial statements.
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EFFECTIVE FISCAL YEAR 2022/23:

GASB 91 – Conduit Debt Obligations
The primary objectives of this Statement are to provide a single method of reporting conduit debt obligations by issuers and eliminate diversity in practice associated with (1) commitments extended by issuers, (2) arrangements associated with conduit debt obligations, and (3) related note disclosures. This Statement achieves those objectives by clarifying the existing definition of a conduit debt obligation; establishing that a conduit debt obligation is not a liability of the issuer; establishing standards for accounting and financial reporting of additional commitments and voluntary commitments extended by issuers and arrangements associated with conduit debt obligations; and improving required note disclosures.

A conduit debt obligation is defined as a debt instrument having all of the following characteristics:
• There are at least three parties involved:
(1) an issuer
(2) a third-party obligor, and
(3) a debt holder or a debt trustee.
• The issuer and the third-party obligor are not within the same financial reporting entity. • The debt obligation is not a parity bond of the issuer, nor is it cross-collateralized with other debt of the issuer.
• The third-party obligor or its agent, not the issuer, ultimately receives the proceeds from the debt issuance.
• The third-party obligor, not the issuer, is primarily obligated for the payment of all amounts associated with the debt obligation (debt service payments).

All conduit debt obligations involve the issuer making a limited commitment. Some issuers extend additional commitments or voluntary commitments to support debt service in the event the third party is, or will be, unable to do so.

An issuer should not recognize a conduit debt obligation as a liability. However, an issuer should recognize a liability associated with an additional commitment or a voluntary commitment to support debt service if certain recognition criteria are met. As long as a conduit debt obligation is outstanding, an issuer that has made an additional commitment should evaluate at least annually whether those criteria are met. An issuer that has made only a limited commitment should evaluate whether those criteria are met when an event occurs that causes the issuer to reevaluate its willingness or ability to support the obligor’s debt service through a voluntary commitment.

This Statement also addresses arrangements—often characterized as leases—that are associated with conduit debt obligations. In those arrangements, capital assets are constructed or acquired with the proceeds of a conduit debt obligation and used by third-party obligors in the course of their activities.

Payments from third-party obligors are intended to cover and coincide with debt service payments.

During those arrangements, issuers retain the titles to the capital assets. Those titles may or may not pass to the obligors at the end of the arrangements.

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Issuers should not report those arrangements as leases, nor should they recognize a liability for the related conduit debt obligations or a receivable for the payments related to those arrangements. In addition, the following provisions apply:
• If the title passes to the third-party obligor at the end of the arrangement, an issuer should not recognize a capital asset.
• If the title does not pass to the third-party obligor and the third party has exclusive use of the entire capital asset during the arrangement, the issuer should not recognize a capital asset until the arrangement ends.
• If the title does not pass to the third-party obligor and the third party has exclusive use of only portions of the capital asset during the arrangement, the issuer, at the inception of the arrangement, should recognize the entire capital asset and a deferred inflow of resources. The deferred inflow of resources should be reduced, and an inflow recognized, in a systematic and rational manner over the term of the arrangement.

This Statement requires issuers to disclose general information about their conduit debt obligations, organized by type of commitment, including the aggregate outstanding principal amount of the issuers’ conduit debt obligations and a description of each type of commitment. Issuers that recognize liabilities related to supporting the debt service of conduit debt obligations also should disclose information about the amount recognized and how the liabilities changed during the reporting period.

How the Changes in this Statement will Improve Financial Reporting The requirements of this Statement will improve financial reporting by eliminating the existing option for issuers to report conduit debt obligations as their own liabilities, thereby ending significant diversity in practice. The clarified definition will resolve stakeholders’ uncertainty as to whether a given financing is, in fact, a conduit debt obligation. Requiring issuers to recognize liabilities associated with additional commitments extended by issuers and to recognize assets and deferred inflows of resources related to certain arrangements associated with conduit debt obligations also will eliminate diversity, thereby improving comparability in reporting by issuers. Revised disclosure requirements will provide financial statement users with better information regarding the commitments issuers extend and the likelihood that they will fulfill those commitments. That information will inform users of the potential impact of such commitments on the financial resources of issuers and help users assess issuers’ roles in conduit debt obligations.

GASB 94 – Public-Private and Public-Public Partnerships and Availability Payment Arrangements The primary objective of this Statement is to improve financial reporting by addressing issues related to public-private and public-public partnership arrangements (PPPs). As used in this Statement, a PPP is an arrangement in which a government (the transferor) contracts with an operator (a governmental or nongovernmental entity) to provide public services by conveying control of the right to operate or use a nonfinancial asset, such as infrastructure or other capital asset (the underlying PPP asset), for a period of time in an exchange or exchange-like transaction. Some PPPs meet the definition of a service concession arrangement (SCA), which the Board defines in this Statement as a PPP in which (1) the operator collects and is compensated by fees from third parties; (2) the transferor determines or has the ability to modify or approve which services the operator is required to provide, to whom the operator is required to provide the services, and the prices or rates that can be charged for the services; and (3) the transferor is entitled to significant residual interest in the service utility of the underlying PPP asset at the end of the arrangement. 6 423
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This Statement also provides guidance for accounting and financial reporting for availability payment arrangements (APAs). As defined in this Statement, an APA is an arrangement in which a government compensates an operator for services that may include designing, constructing, financing, maintaining, or operating an underlying nonfinancial asset for a period of time in an exchange or exchange-like transaction.

PPPs – This Statement requires that PPPs that meet the definition of a lease apply the guidance in Statement No. 87, Leases, as amended, if existing assets of the transferor that are not required to be improved by the operator as part of the PPP arrangement are the only underlying PPP assets and the PPP does not meet the definition of an SCA. This Statement provides accounting and financial reporting requirements for all other PPPs: those that either (1) meet the definition of an SCA or (2) are not within the scope of Statement 87, as amended (as clarified by this Statement). The PPP term is defined as the period during which an operator has a noncancelable right to use an underlying PPP asset, plus, if applicable, certain periods if it is reasonably certain, based on all relevant factors, that the transferor or the operator either will exercise an option to extend the PPP or will not exercise an option to terminate the PPP.

A transferor generally should recognize an underlying PPP asset as an asset in financial statements prepared using the economic resources measurement focus. However, in the case of an underlying PPP asset that is not owned by the transferor or is not the underlying asset of an SCA, a transferor should recognize a receivable measured based on the operator’s estimated carrying value of the underlying PPP asset as of the expected date of the transfer in ownership. In addition, a transferor should recognize a receivable for installment payments, if any, to be received from the operator in relation to the PPP.

Measurement of a receivable for installment payments should be at the present value of the payments expected to be received during the PPP term. A transferor also should recognize a deferred inflow of resources for the consideration received or to be received by the transferor as part of the PPP. Revenue should be recognized by a transferor in a systematic and rational manner over the PPP term.

This Statement requires a transferor to recognize a receivable for installment payments and a deferred inflow of resources to account for a PPP in financial statements prepared using the current financial resources measurement focus. Governmental fund revenue would be recognized in a systematic and rational manner over the PPP term.

This Statement also provides specific guidance in financial statements prepared using the economic resources measurement focus for a government that is an operator in a PPP that either (1) meets the definition of an SCA or (2) is not within the scope of Statement 87, as amended (as clarified in this Statement). An operator should report an intangible right-to-use asset related to an underlying PPP asset that either is owned by the transferor or is the underlying asset of an SCA. Measurement of the right-touse asset should be the amount of consideration to be provided to the transferor, plus any payments made to the transferor at or before the commencement of the PPP term, and certain direct costs. For an underlying PPP asset that is not owned by the transferor and is not the underlying asset of an SCA, an operator should recognize a liability measured based on the estimated carrying value of the underlying PPP asset as of the expected date of the transfer in ownership. In addition, an operator should recognize a liability for installment payments, if any, to be made to the transferor in relation to the PPP. Measurement of a liability for installment payments should be at the present value of the payments expected to be made during the PPP term. An operator also should recognize a deferred outflow of resources for the consideration provided or to be provided to the transferor as part of the PPP. Expense should be recognized by an operator in a systematic and rational manner over the PPP term.

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This Statement also requires a government to account for PPP and non-PPP components of a PPP as separate contracts. If a PPP involves multiple underlying assets, a transferor and an operator in certain cases should account for each underlying PPP asset as a separate PPP. To allocate the contract price to different components, a transferor and an operator should use contract prices for individual components as long as they do not appear to be unreasonable based on professional judgment or use professional judgment to determine their best estimate if there are no stated prices or if stated prices appear to be unreasonable. If determining the best estimate is not practicable, multiple components in a PPP should be accounted for as a single PPP.

This Statement also requires an amendment to a PPP to be considered a PPP modification, unless the operator’s right to use the underlying PPP asset decreases, in which case it should be considered a partial or full PPP termination. A PPP termination should be accounted for by a transferor by reducing, as applicable, any receivable for installment payments or any receivable related to the transfer of ownership of the underlying PPP asset and by reducing the related deferred inflow of resources. An operator should account for a termination by reducing the carrying value of the right-to-use asset and, as applicable, any liability for installment payments or liability to transfer ownership of the underlying PPP asset. A PPP modification that does not qualify as a separate PPP should be accounted for by remeasuring PPP assets and liabilities.

APAs – An APA that is related to designing, constructing, and financing a nonfinancial asset in which ownership of the asset transfers by the end of the contract should be accounted for by a government as a financed purchase of the underlying nonfinancial asset. This Statement requires a government that engaged in an APA that contains multiple components to recognize each component as a separate arrangement. An APA that is related to operating or maintaining a nonfinancial asset should be reported by a government as an outflow of resources in the period to which payments relate.

GASB 96 – Subscription-Based Information Technology Arrangements This Statement provides guidance on the accounting and financial reporting for subscription-based information technology arrangements (SBITAs) for government end users (governments). This Statement (1) defines a SBITA; (2) establishes that a SBITA results in a right-to-use subscription asset—an intangible asset—and a corresponding subscription liability; (3) provides the capitalization criteria for outlays other than subscription payments, including implementation costs of a SBITA; and (4) requires note disclosures regarding a SBITA. To the extent relevant, the standards for SBITAs are based on the standards established in Statement No. 87, Leases, as amended.

A SBITA is defined as a contract that conveys control of the right to use another party’s (a SBITA vendor’s) information technology (IT) software, alone or in combination with tangible capital assets (the underlying IT assets), as specified in the contract for a period of time in an exchange or exchange-like transaction.

The subscription term includes the period during which a government has a noncancelable right to use the underlying IT assets. The subscription term also includes periods covered by an option to extend (if it is reasonably certain that the government or SBITA vendor will exercise that option) or to terminate (if it is reasonably certain that the government or SBITA vendor will not exercise that option).

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Under this Statement, a government generally should recognize a right-to-use subscription asset—an intangible asset—and a corresponding subscription liability. A government should recognize the subscription liability at the commencement of the subscription term, —which is when the subscription asset is placed into service. The subscription liability should be initially measured at the present value of subscription payments expected to be made during the subscription term. Future subscription payments should be discounted using the interest rate the SBITA vendor charges the government, which may be implicit, or the government’s incremental borrowing rate if the interest rate is not readily determinable. A government should recognize amortization of the discount on the subscription liability as an outflow of resources (for example, interest expense) in subsequent financial reporting periods.

The subscription asset should be initially measured as the sum of (1) the initial subscription liability amount, (2) payments made to the SBITA vendor before commencement of the subscription term, and (3) capitalizable implementation costs, less any incentives received from the SBITA vendor at or before the commencement of the subscription term. A government should recognize amortization of the subscription asset as an outflow of resources over the subscription term.

Activities associated with a SBITA, other than making subscription payments, should be grouped into the following three stages, and their costs should be accounted for accordingly:
• Preliminary Project Stage, including activities such as evaluating alternatives, determining needed technology, and selecting a SBITA vendor. Outlays in this stage should be expensed as incurred. • Initial Implementation Stage, including all ancillary charges necessary to place the subscription asset into service. Outlays in this stage generally should be capitalized as an addition to the subscription asset.
• Operation and Additional Implementation Stage, including activities such as subsequent implementation activities, maintenance, and other activities for a government’s ongoing operations related to a SBITA. Outlays in this stage should be expensed as incurred unless they meet specific capitalization criteria.

In classifying certain outlays into the appropriate stage, the nature of the activity should be the determining factor. Training costs should be expensed as incurred, regardless of the stage in which they are incurred.

If a SBITA contract contains multiple components, a government should account for each component as a separate SBITA or nonsubscription component and allocate the contract price to the different components. If it is not practicable to determine a best estimate for price allocation for some or all components in the contract, a government should account for those components as a single SBITA.

This Statement provides an exception for short-term SBITAs. Short-term SBITAs have a maximum possible term under the SBITA contract of 12 months (or less), including any options to extend, regardless of their probability of being exercised. Subscription payments for short-term SBITAs should be recognized as outflows of resources.

This Statement requires a government to disclose descriptive information about its SBITAs other than short- term SBITAs, such as the amount of the subscription asset, accumulated amortization, other payments not included in the measurement of a subscription liability, principal and interest requirements for the subscription liability, and other essential information.

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How the Changes in this Statement will Improve Financial Reporting The requirements of this Statement will improve financial reporting by establishing a definition for SBITAs and providing uniform guidance for accounting and financial reporting for transactions that meet that definition. That definition and uniform guidance will result in greater consistency in practice.

Establishing the capitalization criteria for implementation costs also will reduce diversity and improve comparability in financial reporting by governments. This Statement also will enhance the relevance and reliability of a government’s financial statements by requiring a government to report a subscription asset and subscription liability for a SBITA and to disclose essential information about the arrangement. The disclosures will allow users to understand the scale and important aspects of a government’s SBITA activities and evaluate a government’s obligations and assets resulting from SBITAs.

EFFECTIVE FISCAL YEAR 2023/24:

GASB 100 – Accounting for Changes and Error Corrections The primary objective of this Statement is to enhance accounting and financial reporting requirements for accounting changes and error corrections to provide more understandable, reliable, relevant, consistent, and comparable information for making decisions or assessing accountability This Statement defines accounting changes as changes in accounting principles, changes in accounting estimates, and changes to or within the financial reporting entity and describes the transactions or other events that constitute those changes. As part of those descriptions, for (1) certain changes in accounting principles and (2) certain changes in accounting estimates that result from a change in measurement methodology, a new principle or methodology should be justified on the basis that it is preferable to the principle or methodology used before the change. That preferability should be based on the qualitative characteristics of financial reporting—understandability, reliability, relevance, timeliness, consistency, and comparability. This Statement also addresses corrections of errors in previously issued financial statements.

This Statement prescribes the accounting and financial reporting for (1) each type of accounting change and (2) error corrections. This Statement requires that (a) changes in accounting principles and error corrections be reported retroactively by restating prior periods, (b) changes to or within the financial reporting entity be reported by adjusting beginning balances of the current period, and (c) changes in accounting estimates be reported prospectively by recognizing the change in the current period. The requirements of this Statement for changes in accounting principles apply to the implementation of a new pronouncement in absence of specific transition provisions in the new pronouncement. This Statement also requires that the aggregate amount of adjustments to and restatements of beginning net position, fund balance, or fund net position, as applicable, be displayed by reporting unit in the financial statements.

This Statement requires disclosure in notes to financial statements of descriptive information about accounting changes and error corrections, such as their nature. In addition, information about the quantitative effects on beginning balances of each accounting change and error correction should be disclosed by reporting unit in a tabular format to reconcile beginning balances as previously reported to beginning balances as restated.

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Furthermore, this Statement addresses how information that is affected by a change in accounting principle or error correction should be presented in required supplementary information (RSI) and supplementary information (SI). For periods that are earlier than those included in the basic financial statements, information presented in RSI or SI should be restated for error corrections, if practicable, but not for changes in accounting principles.

EFFECTIVE FISCAL YEAR 2024/25:

GASB 101 – Compensated Absences
The objective of this Statement is to better meet the information needs of financial statement users by updating the recognition and measurement guidance for compensated absences. That objective is achieved by aligning the recognition and measurement guidance under a unified model and by amending certain previously required disclosures.

Recognition And Measurement
This Statement requires that liabilities for compensated absences be recognized for (1) leave that has not been used and (2) leave that has been used but not yet paid in cash or settled through noncash means. A liability should be recognized for leave that has not been used if (a) the leave is attributable to services already rendered, (b) the leave accumulates, and (c) the leave is more likely than not to be used for time off or otherwise paid in cash or settled through noncash means. Leave is attributable to services already rendered when an employee has performed the services required to earn the leave. Leave that accumulates is carried forward from the reporting period in which it is earned to a future reporting period during which it may be used for time off or otherwise paid or settled. In estimating the leave that is more likely than not to be used or otherwise paid or settled, a government should consider relevant factors such as employment policies related to compensated absences and historical information about the use or payment of compensated absences. However, leave that is more likely than not to be settled through conversion to defined benefit postemployment benefits should not be included in a liability for compensated absences.

This Statement requires that a liability for certain types of compensated absences—including parental leave, military leave, and jury duty leave—not be recognized until the leave commences. This Statement also requires that a liability for specific types of compensated absences not be recognized until the leave is used.

This Statement also establishes guidance for measuring a liability for leave that has not been used, generally using an employee’s pay rate as of the date of the financial statements. A liability for leave that has been used but not yet paid or settled should be measured at the amount of the cash payment or noncash settlement to be made. Certain salary-related payments that are directly and incrementally associated with payments for leave also should be included in the measurement of the liabilities.

With respect to financial statements prepared using the current financial resources measurement focus, this Statement requires that expenditures be recognized for the amount that normally would be liquidated with expendable available financial resources.

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Notes to Financial Statements
This Statement amends the existing requirement to disclose the gross increases and decreases in a liability for compensated absences to allow governments to disclose only the net change in the liability (as long as they identify it as a net change). In addition, governments are no longer required to disclose which governmental funds typically have been used to liquidate the liability for compensated absences.

How the Changes in this Statement Will Improve Financial Reporting The unified recognition and measurement model in this Statement will result in a liability for compensated absences that more appropriately reflects when a government incurs an obligation. In addition, the model can be applied consistently to any type of compensated absence and will eliminate potential comparability issues between governments that offer different types of leave.

The model also will result in a more robust estimate of the amount of compensated absences that a government will pay or settle, which will enhance the relevance and reliability of information about the liability for compensated absences.
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STATUS OF PRIOR YEARS SCHEDULE OF SIGNIFICANT DEFICIENCIES 2020-01: Timely Preparation of Bank Reconciliations and Investment Reconciliations Bank and investment reconciliations are an important element of the City’s internal control and bank reconciliations and related adjustments should be completed after month end, generally within 30-45 days.

During our testing of internal controls over bank and investment reconciliations, we selected bank and investments reconciliations for the months of January and February 2021 to test, however, these reconciliations were not ready as of August 2021. The June 2021 bank reconciliations were not completed until late December 2021, six months later.

According to the Finance staff, the delay was due to the staff shortage and turnover.

Without the timely completion of bank and investment reconciliations, errors or unauthorized transactions in these accounts might not be detected and remedied in a timely manner.

We recommend that the City ensure that the bank and investment reconciliations are prepared and reviewed timely within 30 to 45 days of the end of the reporting period.

Current Status: During the fiscal year 2022 audit, we noted that the Bank reconciliation for June 2022 was not completed until October 24, 2022.

Management Response on Current Status:

The management agreed with the recommendation. The Finance department experienced many turnovers during the past two years, which has caused delays in reconciliation. With the filling of Finance Director, Finance Manager and Accounting Technician positions in the early fiscal year 2023, the Finance department has since established procedures to catch up and strive to ensure the timeliness of the reconciliation moving forward.
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Agenda Item # 11.

MEMORANDUM ON INTERNAL CONTROLS

STATUS OF PRIOR YEARS SCHEDULE OF OTHER MATTERS
2021-01: Timely Invoice payments
The City should pay vendor invoices in a timely manner, within 30-45 days of receiving the invoices.

During our interim audit sampling testing, we noted that the City did not pay three invoices sampled in a timely manner. According to the Finance staff, the delay was due to the delayed approval by the Department.

Accounting records may not be properly reflected in the correct reporting periods if the invoices were not processed in a timely manner. Expenditures may be under stated and cash available may be overstated due to the delay.

We recommend the City should communicate with the other departments in the City and establish corresponding standard procedures to ensure timely submission of invoices to Finance.

Current Status: During the fiscal year 2022 audit, we noted that out of the twenty five samples tested, eight of them were posted more than 45 days after the transaction date.

Management Response on Current Status:

The City has decentralized the invoice payment processing in FY22. The finance staff has provided trainings citywide to ensure the timely invoices processing. 2021-03: Information System Risk Management Policy
Risk management policy is to provide guidance regarding the management of risk to support the achievement of the City’s objectives, protect staff and business assets and ensure financial sustainability.

During the information system review with the City, we noted that the IT department has no written risk management policy.

Without specific Risk Management Policy, the City is leaving the determination of how to deal with cyberattacks to individual employees, which could impede financial statement reporting.

We recommend that the City to set up a formal written Information System Risk Management Policy to ensure the security of the financial system and be well prepared for unexpected cyberattacks.

Current Status: During the fiscal year 2022 audit, we noted that the City is in the process of drafting the Policy but has not finalized it yet.

Management Response:

The City staff has finalized the policy and conducted the risk management audit in fiscal year 2023. 15 432
Agenda Item # 11.

MEMORANDUM ON INTERNAL CONTROLS

STATUS OF PRIOR YEARS SCHEDULE OF OTHER MATTERS
2020-03: Journal Entries Preparation and Posting
Segregation of duties is an integral part in maintaining adequate effectiveness in an entity’s internal control environment. Journal entries are an important transaction cycle that affects all aspects of accounting and financial reporting. Prudent internal control concepts dictate that no single employee should have the ability to process a transaction without the involvement of another employee.

During our testing of journal entries, we noted that both the Financial Services Manager and Administrative Services Director can prepare and post the journal entries to the finance system directly.

It appeared that the Finance System was set up to allow both staff to prepare and post the journal entries.

Allowing the preparer to post their own journal entries, even after review by a 2nd staff, could subject the City to the potential risk of the journal entries being manipulated or altered with further verification.

We recommend that the City establish proper procedures to ensure the segregation of duties to mitigate the potential risk of journal entries being altered without verification.

Current Status: During the fiscal year 2022 audit, we noted that out of the forty journal entry samples we tested, thirty of them were posted more than 45 days after the transaction date.

Management Response on Current Status:

The City staff has taken steps filling the existing vacancies to ensure the timely posting in fiscal year 2023.
16 433
Agenda Item # 11.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: March 28, 2023
Subject Approve Purchase of Marked Patrol Vehicles
Prepared by: Katie Krauss, Police Captain
Reviewed by: Angela Averiett, Police Chief
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Purchase Requisition

2. Supplemental Budget Request

3. Hybrid Patrol Vehicle 2023 Quote
Initiated by:

Los Altos Police Department
Previous Council Consideration:

N/A
Fiscal Impact:

The cost to purchase these vehicles is $114,284.88, The funds are budgeted in the equipment replacement budget.

Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does Council wish to approve purchase of two hybrid Ford Police Interceptor patrol vehicles?
Summary:
 The City is requesting to replace two police patrol vehicles from the fleet due to:

1. Vehicles are out of warranty due to their age (2018 and 2019). 434
Agenda Item # 12.

Subject: Title
3/28/23 Page 2

2. Vehicles are currently at 68,917 miles and 73,197. It is anticipated that vehicles will be at 75,000 miles by mid-summer.
 The cost to purchase two hybrid patrol vehicles is now $114,284.88  The vehicles were ordered from Folsom Lake Ford, which holds the State of California contract (#1-22-23-14C).

Staff Recommendation:

Staff recommends City Council approve the purchase of two marked hybrid Ford Police Interceptor patrol vehicle utilizing the equipment replacement budget funds in the current fiscal year budget.

Purpose
The Police Department wishes to purchase two marked hybrid patrol vehicles utilizing the equipment replacement budget funds that have already been incorporated into the budget.

Background
During the budget process the City planned to purchase three marked patrol vehicles to replace vehicles that were near the end of their expected operational life. Due to rising costs of equipment and vehicles, the pricing changed significantly from the original quote and the budgeted amount will only cover the cost of two vehicles.

The price per vehicle is $57,142.44, an increase from the original quoted price of $45,196.83. The two vehicles will cost $114,284.88 to be paid directly to Folsom Lake Ford upon vehicle delivery, which holds the new State of California Enforcement Vehicle Contract (1-22-23-14C).

The annual ordering period for all Ford Interceptors is brief, approximately 30 days, and varies from year to year. For the 2023 hybrid Interceptor models, the final day to place an order was September 9, 2022. An order was placed on this date for two 2023 hybrid Ford Interceptor vehicles. The purchase of the vehicles occurs upon delivery. At the time of ordering, the estimated delivery date was spring of 2023.

Discussion/Analysis
The two vehicles in need of replacement are:
 Vehicle #111935, 2019 Ford Police Interceptor, current mileage of 73,197. 435
Agenda Item # 12.

Subject: Title
3/28/23 Page 3
 Vehicle # 111836, 2018 Ford Police Interceptor, current mileage of 68,917.

These two vehicles are no longer under warranty and the cost of repairs is anticipated to increase as the vehicles age. The vehicles listed above are gas powered and will be replaced with more efficient and environmentally conscious hybrid vehicles. The new hybrid vehicles will be outfitted with the required emergency equipment in July 2023, and will replace our two retired vehicles in summer 2023. When the new hybrid Ford Police Interceptors are ready for field deployment, the older vehicles to be replaced are anticipated to have in excess of 75,000 miles at the time of retirement which is the current Los Altos standard for vehicle replacement in the Police Department.

It should be noted that some local police agencies are incorporating electric patrol vehicles (EVs) into their fleets. The Los Altos Police Department is unable to incorporate fully electric vehicles into our patrol fleet due to infrastructure needs. Electric vehicles require charging at varying intervals according to the size of the battery, the usage of the vehicle and speed of the charger.

Charging electric vehicles overnight is possible for unmarked police vehicles assigned to administration or detective personnel due to the significant down time between usage. Patrol personnel share police vehicles between day and night shift, effectively running the vehicles for almost 24 hours daily.

The current police facility is unable to accommodate electric vehicle charging stations. During the EOC planning process in 2020, EV charging stations were considered as an addition to the rear parking area of the police facility. However, JK Architecture concluded the current police department electrical system was not designed to and would not be able to handle the demands of multiple EV charging stations.

The vehicles are due for delivery in spring of 2023. The two hybrid vehicles will be outfitted and incorporated into the fleet in late summer to replace the out of warranty gas powered police patrol vehicles.

Recommendation
The staff recommends Council approve the purchase of two hybrid Ford Police Interceptor vehicles.
436
Agenda Item # 12.
437
Agenda Item # 12.

Description:

Justification:

Price (including tax):

Installation/Misc.:

Trade-in/Savings:

Total Cost:

Per Unit Cost:

City of Los Altos
Supplemental Budget Request (2022/23)
Andy Galea
Contact Person
For Replacement Requests Only
$142,500.00
Estimated Cost
Equipment
Request Category
Replacement
2022/23
Fiscal Year Department Priority
Public Safety
Department
Patrol Services
Replacement of (3) Police Patrol Vehicles, including emergency equipment and installation. $0.00
$187,500.00
62500
$45,000.00
Vehicles will be out of warranty; repair costs are increasing due to age and mileage. Price includes anticipated increased costs of vehicle and aging emergency equipment replacement
Program Name
00065-6800
Account Number
Request Type

3.0 Number Requested
1 438
Agenda Item # 12.
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Agenda Item # 12.

Item No. Description Category Quantity Unit Price Total Price _____________________________________
Front End Equipment
_____________________________________
BK2019ITU20 PB450L4 LIGHTED PUSH BUMPER 2020 UTIL SETINALTP 1 854.67 854.67 SPKR-BKT-DS-PIU20 C3100 SPEAKER BKT D/S 2020 UTIL CODE 3 1 36.11 36.11 EX0011 PATROL POWER HARNESS FRT MNT PI UTIL 2020 PATROLPO 1 625.00 625.00 Customer Supplied Materials

SIREN SPEAKER
I INSTALLATION FOR FRONT END EQUIPMENT LABOR 6
_____________________________________
ADJBKT011-B LIGHTBAR MOUNT KIT PIU20 CODE 3 1 36.11 36.11 AP-MMFCCWWGQS22222R 34-BL/ AP MULTIMAX FV 5 in 1 ANTENNA ANTNAPLU 1 283.50 283.50 MB8U CABLE 17' RG58U RADIO 1 16.50 16.50
Customer Supplied Materials

LIGHTBAR, RADIO ANTENNA WHIP
I INSTALLATION FOR ROOF EQUIPMENT LABOR 3
_____________________________________
Drivers Compartment
_____________________________________
GK1409E SINGLE BLAC-RAC 1082E NO T-RAIL SETINABLR 5 569.00 2,845.00 PA-TM-5500-PIU-20-B UNDER SEAT BASE ONLY HINT 1 210.36 210.36 PA-TM-5500-MID-05 MID-SECTION ONLY 2020 UTILITY HINT 1 143.87 143.87 B00FFKIUJS 25' USB 2.0 EXT CABLE W/ACTIVE REPEATER IT MISC 2 16.95 33.90 C-ARM-104 ARMREST LG FLIP UP PAD TRAK-MOUNT BASE HAVIS 1 120.08 120.08 Customer Supplied Materials

CONSOLE, COMPUTER MOUNT-UPPER &

KEYBOARD TRAY,

RADIO, FLASHLIGHT CHARGER, GUN RACK, USB
HUB

I INSTALLATION FOR DRIVER'S COMPARTMENT

EQUIPMENT
LABOR 12
_____________________________________
Prisoner Compartment
_____________________________________
Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Customer ID
Terms:

Ship Via
To:

Sell
22419
Mary Pagliero
51315
Phone:

Los Altos, CA 94022
1 N San Antonio Road
Capt. Scott McCrossin
Los Altos Police Department - Attn: AP/V LEH02/PD
Net 30
Installation
Phone: 650-947-2700
Los Altos, CA 94022
1 N San Antonio Road
Capt. Scott McCrossin
Los Altos Police Department - Attn: AP/V LEH02/PD
L
o
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
2/24/2020
1 Location: Lehr - Pittsburg
Vehicle Information:
2020 FORD UTILITY
Payment Method:

Blanket PO:
440
Agenda Item # 12.

Item No. Description Category Quantity Unit Price Total Price PT2185ITU20TM PARTITION TRANSFER KIT RP TALLMAN SETINA 1 247.20 247.20 QK0635ITU20 REPL SEAT W/CENTER PULL BELTS & 12VS REAR

PARTITON
SETINA 1 1,046.40 1,046.40
WK0514ITU20 WINDOW BARRIERS VS STEEL VERTICAL UTILITY
2020
SETINA 1 215.20 215.20
Customer Supplied Materials

FRONT PARTITION

I INSTALLATION FOR PRISONER COMPARTMENT

EQUIPMENT
LABOR 6.5
_____________________________________
Back End Equipment
_____________________________________
TT0242ITU20 CAGO BOX TRANS. KIT 2020 PIU- SETINA 1 67.99 67.99 TPA9289 CARGO BOX RADIO TRAY SETINA 1 311.20 311.20
MCRNTA MICRON AMBER STUD MOUNTED WHELENPR 1 78.50 78.50 Z3 SIREN CONTROLLER CODE 3 1 775.00 775.00
B-ECL555-AB ECOLOCK UTILITY 16-20 W/HOOD SWITCH INTRMOTI 1 677.85 677.85 DC-568P-25BLMB 25' CAT6 SNAGLESS CABLE-BLUE IT MISC 1 16.95 16.95 Customer Supplied Materials
CARGO BOX, (2) REAR SIDE WINDOW LIGHTS, (1)
REAR
WINDOW AMBER ION, (4) REAR CORNERS VERTEX-1
AMBER,
1-BLUE, 2-RED, & MODEM.

I INSTALLATION FOR BACK END EQUIPEMNT LABOR 1 15.00 15.00 _____________________________________
INSTALL INSTALL MATERIALS OTHER 1 125.00 125.00
I INSTALLATION CHARGES LABOR 1 3,740.00 3,740.00

LABOR TO INSTALL EMERGENCY VEHICLE

EQUIPEMNT &
CUSTOMER SUPPLED PARTS. WIRE OEM FRONT

LIGHTING
66A, SIDE MIRROR LIGHTS 63B, REAR LIGHTING 66C,
Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Customer ID
Terms:

Ship Via
To:

Sell
22419
Mary Pagliero
51315
Phone:

Los Altos, CA 94022
1 N San Antonio Road
Capt. Scott McCrossin
Los Altos Police Department - Attn: AP/V LEH02/PD
Net 30
Installation
Phone: 650-947-2700
Los Altos, CA 94022
1 N San Antonio Road
Capt. Scott McCrossin
Los Altos Police Department - Attn: AP/V LEH02/PD
L
o
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
2/24/2020
2 Location: Lehr - Pittsburg
Vehicle Information:
2020 FORD UTILITY
Payment Method:

Blanket PO:
441
Agenda Item # 12.

Item No. Description Category Quantity Unit Price Total Price SWAP REAR HATCH LIGHT FROM RED TO AMBER.

I INSTALLATION CHARGES LABOR 1 600.00 600.00

LABOR TO INSTALL CUSTOMER SUPPLIED ALPR
SYSTEM
L LABOR CHARGES LABOR 1 550.00 550.00

TO STRIP-OUT OLD PATROL UNIT
F Shipping Charges OTHER 1 100.00 100.00
$14,952.32
$1,180.93
$13,771.39
Total:

Total Sales Tax:

Subtotal:
650.00
13121.39
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Customer ID
Terms:

Ship Via
To:

Sell
22419
Mary Pagliero
51315
Phone:

Los Altos, CA 94022
1 N San Antonio Road
Capt. Scott McCrossin
Los Altos Police Department - Attn: AP/V LEH02/PD
Net 30
Installation
Phone: 650-947-2700
Los Altos, CA 94022
1 N San Antonio Road
Capt. Scott McCrossin
Los Altos Police Department - Attn: AP/V LEH02/PD
L
o
Phone: 925-370-2144 Fax: 925-370-2087
661 Garcia Avenue Pittsburg, CA 94565
2/24/2020
3 Location: Lehr - Pittsburg
Vehicle Information:
2020 FORD UTILITY
Payment Method:

Blanket PO:
442
Agenda Item # 12.
443
Agenda Item # 12.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
4864-8474-1199v1
JH\27916001

AGENDA REPORT SUMMARY
Meeting Date: March 28, 2023
Subject Single-use Foodware Accessories and Condiments Ordinance in Compliance with AB 1276: Introduce and waive further reading of a Single-use Foodware Accessories and Condiments Ordinance, in compliance with AB 1276, of the City Council of the City of Los Altos adding Chapter 6.45 (Single-use Foodware Accessories and Condiments) to Title 6 (Health and Safety) of the Los Altos Municipal Code adopting by reference Chapter 5.2 (commencing with section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer and authorizing City and County enforcement and penalties, and set a Public Hearing on April 11, 2023 for adoption of the Ordinance.

Prepared by: Tania Katbi, Sustainability Coordinator
Reviewed by: Aida Fairman, Director – Environmental Services and Utilities Dept.

Approved by: Gabriel Engeland, City Manager
Attachment:

1. Draft Ordinance 2023-XX
Initiated by:

City Staff
Previous Council Consideration:

N/A
Fiscal Impact:

AB 1276 imposes a state-mandated local program by creating a new infraction and imposing additional duties on local governing bodies. The City may incur costs for outreach, education, and enforcement of the law, as amended. By adopting an ordinance to enforce Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, the City will be authorized to collect fines allowed under the legislation. Fines begin after the second notice of violation and include a fine of $25 for each day in violation, but not to exceed an annual total of $300.
444
Agenda Item # 13.

Subject: Single-use Foodware Accessories and Condiments Ordinance in Compliance with AB 1276: Introduce and waive further reading of a Single-use Foodware Accessories and Condiments Ordinance, in compliance with AB 1276, of the City Council of the City of Los Altos adding Chapter 6.45 (Single-use Foodware Accessories and Condiments) to Title 6 (Health and Safety) of the Los Altos Municipal Code adopting by reference Chapter 5.2 (commencing with section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer and authorizing City and County enforcement and penalties, and set a Public Hearing on April 11, 2023 for adoption of the Ordinance.

March 28, 2023 Page 2
Except for any collected fines following the second notice of violation there should be no fiscal impact to food facilities. There is a potential for cost savings to food facilities from not providing single-use foodware or condiments to all customers.

Environmental Review:

The adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment) in that this Ordinance sets forth regulatory procedures for the protection of the environment including, more particularly, regulations prohibiting or limiting the use of foodware accessories and condiments that pose a substantial environmental threat for reasons set forth in this staff report. The adoption of this Ordinance does not involve construction activity or the relaxation of existing environmental standards, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies.

Summary:
 On October 5, 2021, Governor Newsom signed Assembly Bill (“AB”) 1276 (Carillo) into law to prohibit a food facility from providing any single-use foodware accessory or standard condiment, as defined, to a consumer unless requested by the consumer.  AB 1276, which amends Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, requires a city, county, or city and county, to authorize an enforcement agency to enforce the new requirements.  Santa Clara County does not have plans at this time to enforce AB 1276 requirements in cities within the County, except for mobile food facilities.  In order to enforce the new law, staff recommend adopting the state law by reference to ensure that the language in the City’s Municipal Code remains consistent with the state law as it is currently written, and as it may be amended in the future. This approach will reduce the number of times that the City must revisit and readopt amended state law language.

There are additional procedural steps that the City must follow to adopt a state law by reference, as further described below.
445
Agenda Item # 13.

Subject: Single-use Foodware Accessories and Condiments Ordinance in Compliance with AB 1276: Introduce and waive further reading of a Single-use Foodware Accessories and Condiments Ordinance, in compliance with AB 1276, of the City Council of the City of Los Altos adding Chapter 6.45 (Single-use Foodware Accessories and Condiments) to Title 6 (Health and Safety) of the Los Altos Municipal Code adopting by reference Chapter 5.2 (commencing with section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer and authorizing City and County enforcement and penalties, and set a Public Hearing on April 11, 2023 for adoption of the Ordinance.

March 28, 2023 Page 3
AB 1276 Summary
 AB 1276 is designed to reduce excess packaging and undesired condiments and utensils from being given to a customer when eating on premises or taking food to go.  The law, as amended, is intended to give consumers more choices about single-use foodware accessories and condiments in order to reduce waste.  The law prohibits single-use foodware accessories from being bundled or packaged in a way that prohibits the customer from taking only the item desired.  It authorizes a food facility to ask a drive-through customer if the customer wants a singleuse foodware accessory in specified circumstances.  The law requires a food facility using a third-party food delivery platform to list on its menu the availability of single-use foodware accessories and standard condiments and to only provide those items when requested.
 The law excludes from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.

The main provisions of AB 1276 are summarized below:

1. A food facility is required to only provide single-use accessories to consumers upon request;

2. A food facility is required to avoid bundling of single-use accessories or condiments;

3. A food facility is required to only offer those single-use items needed to eat or prevent spillage of the ready-to-eat food at a drive-through as well as in a public use airport.

4. A third-party food delivery platform shall provide consumers with the option to request single-use accessories for ready-to-eat food;

5. A food facility that uses a third-party platform shall customize their menu with a list of available single-use accessories or condiments. Only those items chosen by the consumer 446
Agenda Item # 13.

Subject: Single-use Foodware Accessories and Condiments Ordinance in Compliance with AB 1276: Introduce and waive further reading of a Single-use Foodware Accessories and Condiments Ordinance, in compliance with AB 1276, of the City Council of the City of Los Altos adding Chapter 6.45 (Single-use Foodware Accessories and Condiments) to Title 6 (Health and Safety) of the Los Altos Municipal Code adopting by reference Chapter 5.2 (commencing with section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer and authorizing City and County enforcement and penalties, and set a Public Hearing on April 11, 2023 for adoption of the Ordinance.

March 28, 2023 Page 4
will be delivered. If no single-use accessories or condiments are requested none will be provided;

6. Unwrapped, single-use foodware accessories that are self-serve, standard condiments that are self-serve, and/or bulk dispensed condiments may still be used; and

7. The first and second violations of the provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300.

Ordinance Adopting State Law by Reference
In order to comply with AB 1276, the City must authorize an enforcement agency to enforce the provisions of this law. Staff propose that this be accomplished through adopting the entire state law (Attachment 1) by reference in the City’s Municipal Code. In order to adopt the state law by reference the City must follow the specific procedures required under Government Code Section 50022.1, et. seq.

Government Code Section 50022.4 requires any penalties to be set out in full. The proposed ordinance adopts the entire law by reference, authorizes the City and County to enforce the ordinance, and sets forth in full the penalties for violating the ordinance, establishing that the first and second violations of the provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300.

Staff Recommendation:

1. Move to read the Ordinance by title only and waive the first reading beyond the title.

2. Introduce an Ordinance adding Chapter 6.45 (Single-Use Foodware Accessories and Condiments) to Title 6 (Health and Safety) of the Los Altos Municipal Code to adopt by reference Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer and authorizing City and County enforcement and penalties.
447
Agenda Item # 13.

Subject: Single-use Foodware Accessories and Condiments Ordinance in Compliance with AB 1276: Introduce and waive further reading of a Single-use Foodware Accessories and Condiments Ordinance, in compliance with AB 1276, of the City Council of the City of Los Altos adding Chapter 6.45 (Single-use Foodware Accessories and Condiments) to Title 6 (Health and Safety) of the Los Altos Municipal Code adopting by reference Chapter 5.2 (commencing with section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer and authorizing City and County enforcement and penalties, and set a Public Hearing on April 11, 2023 for adoption of the Ordinance.

March 28, 2023 Page 5

3. Set a Public hearing on April 11, 2023, for the adoption of the Ordinance pursuant to Government Code Section 50022.3.
448
Agenda Item # 13.
0 ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADDING CHAPTER 6.45 (SINGLE-USE FOODWARE ACCESSORIES AND CONDIMENTS) TO TITLE 6 (HEALTH AND SAFETY) OF THE LOS ALTOS MUNICIPAL CODE ADOPTING BY REFERENCE CHAPTER 5.2 (COMMENCING WITH SECTION 42270) OF PART 3 OF DIVISION 30 OF THE CALIFORNIA

PUBLIC RESOURCES CODE PROHIBITING A FOOD FACILITY FROM

PROVIDING ANY SINGLE-USE FOODWARE ACCESSORY OR STANDARD

CONDIMENT UNLESS REQUESTED BY CONSUMER AND AUTHORIZING CITY

AND COUNTY ENFORCEMENT AND PENALTIES
ADOPTION BY REFERENCE OF STATE PROHIBITION ON PROVIDING SINGLEUSE FOODWARE ACCESSORIES OR STANDARD CONDIMENTS CHAPTER 5.2 (Commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, as written and amended, is adopted by reference in its entirety and incorporated herein. The provisions of this chapter shall be enforced by the City of Los Altos, and may be enforced by the County of Santa Clara.

TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, INSERTIONS, DELETIONS AND CHANGES THERETO.

WHEREAS, Governor Gavin Newsom signed Assembly Bill (“AB”) 1276 into law on October 5, 2021, which prohibits a food facility or a third-party food delivery platform from providing single-use food accessories, such as cutlery, straws and condiment packets, to a customer unless requested by the customer.

WHEREAS, prior to adoption of AB 1276, state law (AB 1884 (adopted 2018)) prohibited a full- service restaurant from providing single-use plastic straws to customers unless requested by the customer. The state law required the plastic straw regulation to be enforced by the local health and environmental health officers and their agents.

WHEREAS, AB 1276 revised the state law by expanding the scope from full-service restaurants to food facilities, which generally includes all retail food operations; expanded the scope from single-use plastic straws to single-use foodware accessories, which includes utensils, condiments, and straws (but does not include napkins); and revised the enforcement obligation from the local health and environmental health officers (as applicable to the City of Los Altos, this would be the Santa Clara County health official) to whichever entity cities and counties deem appropriate.

WHEREAS, AB 1276 is designed to reduce excess packaging and undesired condiments and implements from being given to a customer when eating on premises or taking food to go, and prohibits single-use foodware accessories from being bundled or packaged in a way that prohibits the customer from taking only the item desired. AB 1276 does, however, authorize a food facility to ask a drive-through customer, if the customer wants a 449
Agenda Item # 13.
1 single-use foodware accessory in specified circumstances.

WHEREAS, a food facility using a third-party food delivery platform is required to list on its menu the availability of single-use foodware accessories and standard condiments and only provide those items when requested. The law excludes from these requirements correctional institutions, health care facilities, residential care facilities, and public and private school cafeterias.

WHEREAS, AB 1276 specifies that the first and second violations of the provisions result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300.

WHEREAS, a city, county, or city and county, on or before June 1, 2022, is required to authorize an enforcement agency to enforce the requirements established under AB 1276.

WHEREAS, Santa Clara County Recycling and Waste Reduction Commission informed the City that they do not currently anticipate that they will be in a position to assume enforcement responsibilities for AB 1276 on behalf of cites in the county.

WHEREAS, in order to comply with the enforcement requirements of AB 1276, the City Council of the City of Los Altos now wishes to adopt an ordinance adding Chapter 6.45 (Single-use Foodware Accessories and Condiments) to Title 6 (Health and Safety) of the Los Altos Municipal Code adopting by reference of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code prohibiting a food facility from providing any single-use foodware accessory or standard condiment unless requested by consumer, and authorizing City and County enforcement.

WHEREAS, Government Code Section 50022.1, et. seq, sets forth the procedures by which a city may adopt a state law by reference.

WHEREAS, the City will comply with the procedures set forth in Government Code Section 50022.1, et. seq., including holding a public hearing at the second reading, following notice requirements under Government Code Section 6066, and making available the entire language of the state law to be adopted by reference.

WHEREAS, The adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment) in that this Ordinance sets forth regulatory procedures for the protection of the environment including, more particularly, regulations prohibiting or limiting the use of foodware accessories and condiments that pose a substantial environmental threat for reasons set forth in this staff report. The adoption of this Ordinance does not involve construction activity or the relaxation of existing environmental standards, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies.
450
Agenda Item # 13.
2 NOW THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT OF CODE:

TITLE 6. HEALTH AND SAFETY
Chapter 6.45 SINGLE-USE FOODWARE ACCESSORIES AND CONDIMENTS Section 6.45.010 Adding Chapter 6.45 (Single-Use Foodware Accessories and Condiments) to Title 6 (Health and Safety) of the Los Altos Municipal Code adopting by reference Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the California Public Resources Code prohibiting a food facility from providing any singleuse foodware accessory or standard condiment unless requested by consumer and authorizing City and County enforcement and penalties as follows:

Section 6.45.020 Enforcement
A. The City Manager or the City Manager’s designee has primary responsibility for the enforcement of this chapter. The City Manager or the City Manager’s designee is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines, and entering the premises of any food facility during business hours. Other City staff may assist with this enforcement responsibility by entering the premises of a food facility as part of their regular inspection functions and reporting any alleged violations to the City Manager or the City Manager’s designee.

B. The County of Santa Clara and its agents are authorized to take any and all actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines, and entering the premises of any food facility during business hours.

Section 6.45.030 Penalties
Pursuant to Public Resources Code Section 42272(b) as adopted by reference and incorporated herein, the first and second violations of Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed three hundred dollars ($300) annually.

Section 6.45.040 Severability
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid. 451
Agenda Item # 13.
3 Section 6.45.050 Effective Date
Pursuant to Government Code Section 50022.3, notice of the Council meeting at which this Ordinance is scheduled to be adopted shall be published pursuant to Government Code Section 6066 in a newspaper of general circulation in or nearest to the City. Prior to the public hearing, the City Clerk shall publish notice of the hearing once a week for two successive weeks, with at least five days intervening between the publication dates, not counting such publication dates. The notice shall state the time and place of the hearing, and include a description of the purpose and subject matter of the ordinance. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day. A copy of this Ordinance and a copy of Chapter

5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, being considered for adoption by reference, are on file with the City Clerk, and are open to public inspection, and the public notice shall state the same. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish a summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance, and Chapter 5.2 (commencing with Section 42270) of Part 3 of Division 30 of the Public Resources Code, along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective 30 days after its adoption. 452
Agenda Item # 13.

AGENDA REPORT SUMMARY
Meeting Date: March 28, 2023
Subject 389 and 425 1st Street Administrative Appeal
Prepared by: Jolie Houston, City Attorney
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Annotated Response to Appeal by City Attorney

2. Appellant’s Appeal

3. Los Altos Municipal Code section 12.68

4. Los Altos Municipal Code section 13.20.160

5. Correspondence between Appellant, City, and PG&E
• Email Thread A
• Email Thread B (including attachments)
• Email Thread C (including attachments)
• Email Thread D
• Email Thread E
• Email Thread F (including attachment)
Initiated by:

Jeff Warmoth – Appellant
Previous Council Consideration:

None
Fiscal Impact:

Undetermined
Environmental Review:

The Council’s consideration and action on this Appeal is exempt from environmental review under California Environmental Quality Act (CEQA), CEQA Guidelines Section 15061(b)(3) since there would be no possibility of a significant effect on the environment.

Policy Question(s) for Council Consideration:
• Is the Appellant’s request to move two utility poles consistent with the Los Altos Municipal Code?
• Shall the City Council overturn staff’s determination and grant the appeal? 453
Agenda Item # 14.

Subject: 389 and 425 1st St Administrative Appeal
Summary:

Appellant has submitted an Appeal to the City Council of staff’s determination that the proposed relocation of two utility poles is not consistent with the Los Altos Municipal Code (“LAMC”), specifically LAMC chapter 12.68 and section 13.20.160. (See Attachments 3 and 4). Appellant asserts that the relocation is consistent with the City’s Municipal Code, including these relevant portions of the LAMC.

Staff has determined that the relocation of the two utility poles is not consistent with the LAMC because:

1. Chapter 12.68.020 states that the City’s intent is that relocated existing utility services are placed underground;

2. Section 13.20.160(G) prohibits relocations and extensions of existing overhead facilities;

3. Although Section 13.20.160(K) allows maintenance, repair, and alteration of overhead power systems built before August 24, 1965. Appellant is neither maintaining, repairing or altering the existing utility poles, nor is it undisputed that the relevant poles were built before the specified date; and

4. There is no community benefit exception to compliance with the LAMC.

The City Attorney conducted a separate review of this matter and determined that staff’s conclusion is consistent with the LAMC.

Appeal Hearing Procedures:

Pursuant to the City Council Norms and Procedures, Section 11.8, Appeal Procedures, Appellant will be given the opportunity to speak first for ten (10) minutes to present his position prior to the City’s opportunity to present its position. The City will also be given ten (10) minutes to present its position on the Appeal. The City Council may ask the Appellant or the City staff questions prior to public comments. After the public comments, Appellant shall be given up to five (5) minutes for rebuttal.

Recommendation
The City Council, after considering the full oral and written record before it, approve or deny the Appeal, or give such other direction as necessary.
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Agenda Item # 14.

Subject: 389 and 425 1st St Administrative Appeal

Appeal
LAMC section 1.12.010 provides the opportunity for any interested party to appeal to the City Council his or her objections to the whole or any portion of an administrative decision made by a City official that involves the exercise of administrative discretion or personal judgment. The City Council’s conduct of the appeal shall be de novo (i.e., anew, as if the decision had not been previously rendered) (LAMC § 1.12.060.). The Appeal is appropriate as the Appellant is appealing staff’s exercise of administrative discretion when it determined that the relocation of the two utility poles is not consistent with the LAMC.

Background
The Appellant has submitted two separate applications to the City which include plans to relocate two utility poles located in the alley behind 389 and 425 1st Street. However, staff has determined both applications to be incomplete. Because neither application has been deemed complete, staff has neither accepted nor denied the applications. Staff had been attempting to work with Appellant to complete the applications so staff could move forward with either accepting or denying the applications.

On February 1, 2023, Appellant submitted to the City Manager a letter and what appeared to be an appeal of staff’s statement in a call with Appellant and PG&E that relocating two existing utility poles would not be consistent with the LAMC. (See Attachment 5-B).

On February 27, 2023, at the request of Appellant, the City Manager forwarded both the letter and the apparent appeal to the City Attorney. (See Attachment 5-B). The City Attorney emailed Appellant on February 28, 2023, responding to this apparent Appeal requesting that the Appellant clarify the details of his Appeal. Appellant responded the same day stating that what he had submitted was a draft Appeal. (See Attachment 5-C).

On March 7, 2023, the City Attorney emailed Appellant’s attorney stating that she reviewed the LAMC and the materials submitted in Appellants draft Appeal and that she agreed with staff’s position that the relocation of the two utility poles would be inconsistent with the LAMC. (See Attachment 5-D).

On March 11, 2023, Appellant submitted a letter to the City Council regarding the relocation of the two utility poles. (See Attachment 5-E).

On March 17, 2023, Appellant filed the present Appeal of the City Attorney’s determination in her email dated March 7, 2023, where she agreed with staff’s conclusion that the relocation of the two poles would not be consistent with the LAMC. (See Attachment 5-F). 455
Agenda Item # 14.

ATTACHMENT 1
ATTACHMENT 1
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Subject: 389 and 425 1st St Administrative Appeal

Annotated Response to Appeal by City Attorney
Below are the City’s responses to each of the Appellant’s claims asserted in his Appeal.

Appellant’s Claim 1
We are the owners of the properties located at 389 and 425 1st Street in the City of Los Altos. Both properties currently are under construction and are scheduled to be completed in May 2023. Upon completion, the two projects would provide 30 muchneeded housing units in the City, four of which will be affordable. For years, these two projects have been designed to PG&E's plan for utility undergrounding, which (in addition to undergrounding the new services to the two new buildings themselves) would underground over 325 feet of overhead power and communications lines located along the alley that runs behind the buildings between 1st Street and 2nd Street. This undergrounding would be done at no cost to the City and would result in a significant undergrounding of lines in a highly visible downtown area. It also is the first step in eventually undergrounding the entirety of the alley running from Lyell Street to Whitney Street.

Only recently, Public Works and the City Attorney have taken the position that the proposed undergrounding, which would require an adjustment to the location of two existing utility poles in the alley, is inconsistent with the Los Altos Municipal Code. This interpretation, however, is contrary to the language and basic purpose of the Municipal Code’s undergrounding provisions and, if allowed to stand, not only would result in significant delay in completion of the two residential projects but also the only alternative would be to revise PG&E’s plans to have no undergrounding (other than to the new buildings themselves, as required).

City’s Response 1
Despite the current status of the two projects, requiring compliance with the LAMC regarding utility poles in the City does not impose any sort of undue burden on the Appellant. Additionally, Appellant cannot rely on being in compliance with PG&E’s plans/rules to avoid also being in compliance with LAMC requirements.

The completion of the two projects is also not contingent on the relocation of the two utility poles. In a call with City staff and PG&E, PG&E stated that there are multiple other alternatives to removing the two utility poles and erecting them elsewhere.

Specifically, PG&E stated that one alternative is to place two underground transformers 457
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Subject: 389 and 425 1st St Administrative Appeal

instead of relocating the two poles at issue after they are removed. Installing two underground transformers, instead of installing two new utility poles where there previously were none, would be consistent with the LAMC.

The undergrounding of utilities is consistent with the City’s overall goals found in the LAMC. Appellant’s claim of a community benefit of the voluntary undergrounding of utilities cannot be used to evade the prohibition of relocating the existing poles under the LAMC. There is no community benefit exception to LAMC sections 12.68 or 13.20.160.

The LAMC sections at issue here have been in place since the start of these projects.

City staff and the City Attorney have had consistent interpretations of the applicable LAMC sections.

Appellant’s Claim 2
By way of background, the City's undergrounding provisions are in Municipal Code chapter 12.68 ("Undergrounding Utilities") and Municipal Code section 13.20.160 ("Utilities"). Under the City's requirements, our two projects only are required to underground service from the existing overhead utility poles to our two newly constructed buildings. In addition to this work, however, we also voluntarily began the Rule 20 process with PG&E to underground over 325 feet of overhead utility lines that also run along the alley in this highly visible area of Los Altos and across Lyell Street. We originally submitted the PG&E-approved Rule 20 plans to the City on November 11, 2021. PG&E had submitted the plans sometime prior to that date.

The proposed work, including the two utility poles to be moved, has always been shown on the submitted plans. To facilitate the undergrounding of the over 325 feet of overhead power and communication lines, the two poles would need to be moved as follows: (i) the pole currently behind 389 151 Street would be moved about 20+/- feet north; and (ii) the pole currently behind 425 1st Street would be moved across Lyell Street (to the east) next to another existing pole with a transformer on it, in the alley behind First Republic Bank. Both utility poles would remain within a public utility easement that has existed for at least 75 years in this location. PG&E' s safety rules will not allow for termination of the undergrounding to the pole that already is behind First Republic Bank due to the transformer being there.

Once PG&E's utility undergrounding is complete, it will set the stage for the future undergrounding of the rest of the alley between Lyell Street and Whitney Street by the 458
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Subject: 389 and 425 1st St Administrative Appeal

alley-adjacent property owners. When the current and future undergrounding projects are complete, the entire alley between Lyell Street and Whitney Street will have been undergrounded at no cost to the City. We also anticipate that the remainder of the overhead utility lines currently located in the alley behind First Republic Bank (including the transformer) would be undergrounded by the property owner of 400, 420 and 428 S. San Antonio Road when he ultimately redevelops those properties, as he has expressed to the City an interest in doing. In short, the work now proposed is an important first step toward what could be an even more significant future undergrounding.

City’s Response 2
The plans submitted by the Applicant on November 11, 2021 were deemed to be incomplete by staff. As a result, staff had been attempting to work with Applicant to complete the application to be able to move forward to the approval/denial phase.

Applicant subsequently submitted another application, which staff also deemed incomplete.

The Appellant has provided no additional evidence to support his belief that “the entire alley between Lyell Street and Whitney Street will have been undergrounded at no cost to the City.” Furthermore, the Appellant wanting to relocate two utility poles, instead of installing underground transformers is not consistent with his vision of undergrounding all the facilities in the alley between Lyell Street and Whitney Street. Finally, the placement of the new, relocated utility poles will result in a foreseeable undue burden for a future developer who chooses to develop the parcels where the new utility poles are placed.

Appellant’s Claim 3
We did not learn that the City had a problem with the adjustment in location of the two utility poles until December 15, 2022. This position was further explained in a February 1, 2023, meeting, at which Public Works told PG&E that the proposed undergrounding is contrary to the LAMC. After that meeting, we sought out the input of the City Manager and, then, the City Attorney. On March 7, the City Attorney stated to us as follows:

After thoroughly reviewing Mr. Warmoth's letters and
documents he submitted to the City Manager, I believe that the City's Public Works staff had the correct interpretation of the Los Altos Municipal Code (LAMC) and properly
459
Agenda Item # 14.

Subject: 389 and 425 1st St Administrative Appeal

stated that the City would reject the permits allowing the relocation of the two utility poles. The removal of two utility poles and the installation of two new utility poles where there previously were no utility poles is inconsistent with the LAMC. Should you disagree with this position, your client may appeal the decision to the City Council pursuant to LAMC section 1.12.010.

Pursuant to the City Attorney's direction, we have filed this appeal to the City Council pursuant to Municipal Code section 1.12.010, which broadly allows for appeals of decisions or determinations by City officials where such action involves exercise of administrative discretion or personal judgment under any of the provisions of the Municipal Code. This appeal was timely filed within 15 days of the City Attorney’s March 7, 2023, e-mail. (Muni. Code,§ 1.12.030.)
City’s Response 3
Appellant may appeal this decision, pursuant to LAMC section 1.12, to the City Council. LAMC section 1.12 states that “Except where an appeals procedure is otherwise specifically set forth in this code, any interested person objecting to the whole or any portion of an administrative determination or decision made by a commission, committee or an official of the city, where such determination or decision involves the exercise of administrative discretion or personal judgment pursuant to any of the provisions of this code, may appeal to the city council by filing with the city clerk a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the city council.” The City Attorney interpreted LAMC section 1.12 broadly and determined that this decision may reasonably be viewed as an “administrative determination or decision made by a commission, committee or an official of the city”.

Appellant’s Claim 4
For at least three reasons, the proposed work is consistent with the City's undergrounding provisions. First, the language likely being relied upon by Public Works and the City Attorney should not apply in the first instance. Municipal Code section

13.20.160, which addresses the relocation of poles, states: "The provisions of this section apply to new extensions of public or private utility distribution facilities for power and 460
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Subject: 389 and 425 1st St Administrative Appeal

communication only and shall not prohibit the maintenance, repair, or alteration of overhead power and communication systems existing on August 24, 1965." (Muni. Code,§

13.20.160(K) [emphasis added].) PG&E has provided documentation to Public Works that overhead facilities have existed in this location for over 75 years (since at least 1947), well before August 24, 1965. The work now proposed would at most be an alteration of longexisting overhead lines, within a long-existing public utility easement, which alteration is required to now underground the lines, consistent with City goals. Nor does the proposed work otherwise constitute a "new extension" of utility distribution facilities.

City’s Response 4
LAMC 13.20.160 (K) in its entirety states that “The provisions of this section apply to new extensions of public or private utility distribution facilities for power and communication only and shall not prohibit the maintenance, repair, or alteration of overhead power and communication systems existing on August 24, 1965.” (See Attachment 4).

LAMC 13.20.160(K) does not state that if a pole existed prior to 1965, it can be relocated. This interpretation of “alteration” is not consistent with LAMC 13.20.160(G) which prohibits any relocation or extension of existing facilities. The definition of “alteration” means change, adjustment, adaptation, modification, or variation to something or of something. Relocation of a pole is more than just a modification of an existing pole, thus it cannot be interpreted to merely be an “alteration.”1 Furthermore, PG&E provided Appellant with an as-built from 1947 showing the facilities in the alley. However, emails from PG&E also state that facilities along the alley have been modified between 1971 and 2019. Emails from PG&E also stated that one of the poles to be relocated was modified in 1989. As a result, it is disputed whether the facilities that are represented in the as-built from 1947 are still in existence and whether the facilities presently in the alley can be traced back to the 1947 as-built. (See Attachments 5-A & 5-D).
1 See City of Walnut Creek v. County of Contra Costa (1980) 101 Cal.App.3d 1012, 1021 (“There is a strong policy reason for allowing the governmental body which passed legislation to be given a chance to interpret or clarify its intention concerning that legislation.”)
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Subject: 389 and 425 1st St Administrative Appeal

Appellant’s Claim 5
Second, even if the undergrounding requirements could apply, the work complies with such requirements. Indeed, the basic purpose of the City's undergrounding provisions is "to improve and maintain the visual quality and public and private views in the city, as well as to protect and enhance the health and quality of life of its citizens, by reducing hazards along with the visual blight created by overhead utilities." (Muni. Code, §

12.68.010 [emphasis added].) That is precisely what is proposed-a significant section of overhead lines would be undergrounded and would facilitate further undergrounding in the future. While Municipal Code section 12.68.020 generally prohibits "relocations and extensions of existing overhead facilities" (which we presume is the language Public Works and the City Attorney are relying on), the fact that two poles would be moved to accommodate the undergrounding is neither a "relocation" nor an "extension" of overhead facilities. It simply is an adjustment of poles within an existing utility line orientation, to facilitate a significant undergrounding. The work would not "extend" existing overhead facilities; it simply would underground a portion of lines within an existing corridor. Nor would it "relocate" overhead facilities; the lines would remain within the existing public utility easement, along the same orientation, with the poles only being moved to allow a longer run of undergrounding than otherwise would be possible given the existing site conditions. The work also plainly furthers City goals toward undergrounding.

City’s Response 5
LAMC 12.68.010 states that “The purpose of this chapter is to improve and maintain the visual quality and public and private views in the city, as well as to protect and enhance the health and quality of life of its citizens, by reducing hazards along with the visual blight created by overhead utilities.” (See Attachment 3).

LAMC 12.68.020 clearly states that “It is the intent of the city to ensure that all new utility services and relocated existing utility services are placed underground...” (See Attachment 3).

LAMC 12.68.020(B) states that “Relocations and extensions of existing overhead facilities shall be prohibited; provided, however, relocation of existing poles shall be permitted in some instances pursuant to Section 13.20.160 of this municipal code.” (See Attachment 3).
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Agenda Item # 14.

Subject: 389 and 425 1st St Administrative Appeal

LAMC section 12.68 supports the general prohibition on the relocation of existing overhead facilities except as provided under LAMC section 13.20.160. The LAMC section

13.20.160 (G) and (K) exceptions do not apply for reasons discussed above and below.

Appellant will be relocating two utility poles to two new locations where there were previously no poles, not replacing the two utility poles in the same location they are currently in.

Appellant’s Claim 6
Third, even if undergrounding requirements could apply and the language prohibiting "relocations and extensions of existing overhead facilities" was triggered, relocation of the poles still would be permitted under Municipal Code section

13.20.160(G), which allows for individual pole relocations (when they do not constitute an extension or reconstruction) where "required to accommodate the location of ... other overhead or underground utilities in the public right-of-way." (See also Muni. Code, §

12.68.020(B) [refencing section 13.20.160(G)].) Here, the two poles would be moved to, among other things, accommodate the undergrounding of lines under Lyell Street, a public right-of-way, and eliminate overhead lines currently above that portion of Lyell Street, resulting in an aesthetic upgrade. Again, this is the type of outcome envisioned in the undergrounding requirements and is consistent with the stated purpose.

City’s Response 6
LAMC section 13.20.160 (G) in its entirety states that “Relocations and extensions of existing overhead facilities shall be prohibited; provided, however, relocation of existing poles shall be permitted, when they do not constitute an extension or reconstruction of existing facilities, as follows:

1. Where up to a maximum of four pole relocations shall reduce the total number of poles on a public right-of-way; and

2. Where individual pole relocations are required to accommodate the location of driveways, trees, hydrants, pathways, curbs, and gutters, curb returns, storm drains, sewers, and other overhead or underground utilities in the public right-of-way.” (See Attachment 4).

In addition to undergrounding some utility lines, Appellant is also relocating utility poles which is not permitted. The two poles being relocated are not extensions or reconstructions of existing facilities. The existing facilities are being removed in favor of erecting two new poles elsewhere. The current pole locations are not affecting the right463 Agenda Item # 14.

Subject: 389 and 425 1st St Administrative Appeal

of-way in the alley and the poles may remain in place without any impact to the right-ofway in the alley.

Appellant’s Claim 7
For each of the above reasons, we therefore ask the City Council to direct staff to allow the proposed Rule 20 undergrounding reflected in the submitted plans and to issue all needed approvals for such work to occur. The work would underground a considerable portion of line in furtherance of the City's undergrounding goals (at no cost to the City), would be consistent with City requirements, and would facilitate the further undergrounding of lines in the future. It also would be done in the context of a project supplying much-needed housing in the City.

City’s Response 7
As discussed above, the City maintains that the relocation of the two utility poles is inconsistent with the LAMC.

Furthermore, the lack of a net increase in utility poles as a result of this pole relocation effort is not applicable. Nevertheless, the net number of new utility poles is irrelevant to the LAMC requirements. Two utility poles being removed while two new utility poles are erected elsewhere does not change the fact that two utility poles are being erected where none previously were.

Moreover, receiving consent from the current landowners to place new utility poles on those parcels does not permit Appellant to avoid the requirements of the LAMC.

Options

1. Deny Appeal
Advantages: Denies the Appeal and upholds City staff’s determination that the Appellant may not relocate the two utility poles at issue because such an action is inconsistent with the LAMC.

Disadvantages: Appellant may not relocate two utility poles as a part of his development projects.
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Subject: 389 and 425 1st St Administrative Appeal

2. Grant Appeal
Advantages: Grants the Appeal and overturns City staff’s determination that the Appellant may not relocate the two utility poles at issue because such an action is inconsistent with the LAMC.

Provides for the undergrounding of the two utility poles.

Disadvantages: Ignores City staff’s and the City Attorney’s interpretation of the LAMC. May result in more developers seeking to
relocate utility poles, instead of undergrounding them
pursuant to the language and intent of the LAMC. May
impose hardship on future developer of a parcel where one of the two utility poles was relocated to.

Recommendation
The City Council, after considering the full record before it, approve or deny the Appeal, or give such other direction as necessary.
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Agenda Item # 14.

ATTACHMENT 2
ATTACHMENT 2
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Agenda Item # 14.

CITY OF LOS ALTOS APPEAL FORM
1 North San Antonio Road, Los Altos, CA 94022; (650) 947-2700 NOTE TO APPLICANT:

Please attach any supplemental documents to this form as part of your appeal.

Type of Appeal:
■ Appeal of Administrative Determination
Fees ” Please Refer to Master Fee Schedule:
.https://www.losaltosca.gov/communitydevel
ODment/page/forms-and-handouts-O
Appeal ofDevelopment Review Commission
Decision
0 Appeal of Planning Commission Decision
Appellant Contact Information:

Name: Warmoth Telephone Number: (650) 400-6293 __
Mailing Address: pO Box Santa Barbara, CA93102
Email Address [email protected] - p™ .............. ■—— Signature: ([ | ______
Project Information (about the project for which the appeal is being submitted):

Planning Commission/DRC Meeting Date:

Administrative Determination Date: March 7,2023 _
Planning Division File #: ___
Property Address: 389 and 425 1st Street, Los Altos
Assessor’s Parcel Number:167~41 -066 and 167-41 -oi9 (can be found on staffreport) Reason for Appeal / Explanation ofError or Abuse of Discretion.

Please describe the alleged error or abuse, or how the decision is not supported by substantial evidence in the record. Please identify ifthis appeal will be under Chapter 1.12 ofthe Municipal Code (Appeal Ordinance) or an appeal under Section 14.76.100 ofthe Municipal Code (Design Review Appeal). Attach additional pages if necessary.

Please see attached
The Los Altos Planning Department Counter is open Monday - Friday (closed alternate Fridays)
From 7:30 pan.- 5:00 pan.

Telephone: (650) 947-2700
Ifyou need assistance from the City Clerk’s office, please call 650-947-2610.

Los Altos Planning Division Appeal Form P.1
Revised 7/20
467
Agenda Item # 14.

Appeal of City Attorney Determination Regarding Proposed Utility Undergrounding Reason for Appeal / Explanation of Error or Abuse of Discretion We are the owners ofthe properties located at 389 and 425 1st Street in the City ofLos Altos. Both properties currently are under construction and are scheduled to be completed in May 2023. Upon completion, the two projects would provide 30 much-needed housing units in the City, four of which will be affordable. For years, these two projects have been designed to PG&E’s plan for utility undergrounding, which (in addition to undergrounding the new services to the two new buildings themselves) would underground over 325 feet of overhead power and communications lines located along the alley that runs behind the buildings between U Street and 2nd Street. This undergrounding would be done at no cost to the City and would result in a significant undergrounding oflines in a highly visible downtown area. It also is the first step in eventually undergrounding the entirety ofthe alley running from Lyell Street to Whitney Street.

Only recently, Public Works and the City Attorney have taken the position that the proposed undergrounding, which would require an adjustment to the location oftwo existing utility poles in the alley, is inconsistent with the Los Altos Municipal Code. This interpretation, however, is contrary to the language and basic purpose ofthe Municipal Code’s undergrounding provisions and, if allowed to stand, not only would result in significant delay in completion of the two residential projects but also the only alternative would be to revise PG&E’s plans to have no undergrounding (other than to the new buildings themselves, as required).

By way of background, the City’s undergrounding provisions are in Municipal Code chapter 12.68 (“Undergrounding Utilities”) and Municipal Code section 13.20.160 (“Utilities”).

Under the City’s requirements, our two projects only are required to underground service from the existing overhead utility poles to our two newly constructed buildings. In addition to this work, however, we also voluntarily began the Rule 20 process with PG&E to underground over 325 feet of overhead utility lines that also run along the alley in this highly visible area ofLos Altos and across Lyell Street. We originally submitted the PG&E-approved Rule 20 plans to the City on November 11, 2021. PG&E had submitted the plans sometime prior to that date.

The proposed work, including the two utility poles to be moved, has always been shown on the submitted plans. To facilitate the undergrounding ofthe over 325 feet of overhead power and communication lines, the two poles would need to be moved as follows: (i) the pole currently behind 389 lsi Street would be moved about 20+/- feet north; and (ii) the pole currently behind 425 1st Street would be moved across Lyell Street (to the east) next to another existing pole with a transformer on it, in the alley behind First Republic Bank. Both utility poles would remain within a public utility easement that has existed for at least 75 years in this location.

PG&E’s safety rules will not allow for termination ofthe undergrounding to the pole that already is behind First Republic Bank due to the transformer being there.

Once PG&E’s utility undergrounding is complete, it will set the stage for the future undergrounding ofthe rest ofthe alley between Lyell Street and Whitney Street by the alleyadjacent property owners. When the current and future undergrounding projects are complete, the entire alley between Lyell Street and Whitney Street will have been undergrounded at no cost to the City. We also anticipate that the remainder ofthe overhead utility lines currently located in 468
Agenda Item # 14.
the alley behind First Republic Bank (including the transformer) would be undergrounded by the property owner of 400, 420 and 428 S, San Antonio Road when he ultimately redevelops those properties, as he has expressed to the City an interest in doing, In short, the work now proposed is an important first step toward what could be an even more significant future undergrounding.

We did not learn that the City had a problem with the adjustment in location ofthe two utility poles until December 15, 2022. This position was further explained in a February 1,2023, meeting, at which Public Works told PG&E that the proposed undergrounding is contrary to the Municipal Code. After that meeting, we sought out the input ofthe City Manager and, then, the City Attorney. On March 7, the City Attorney stated to us as follows:

After thoroughly reviewing Mr. Warmoth’s letters and documents he submitted to the City Manager, I believe that the City's Public Worksstaffhad the correct interpretation ofthe LosAltosMunicipal Code (LAMC) and properly stated that the City would reject the permits allowing the relocation ofthe two utilitypoles. The removal oftwo utilitypoles and the installation oftwo new utilitypoles where there previously were no utilitypolesis inconsistent with the LAMC.

Shouldyou disagree with thisposition, your client may appeal the decision to the City Councilpursuant to LAMC section 1.12.010.

Pursuant to the City Attorney’s direction, we have filed this appeal to the City Council pursuant to Municipal Code section 1.12.010, which broadly allows for appeals of decisions or determinations by City officials where such action involves exercise of administrative discretion or personal judgment under any ofthe provisions ofthe Municipal Code. This appeal was timely filed within 15 days ofthe City Attorney’s March 7, 2023, e-mail, (Muni. Code, § 1.12,030.) For at least three reasons, the proposed work is consistent with the City’s undergrounding provisions. First, the language likely being relied upon by Public Works and the City Attorney should not apply in the first instance. Municipal Code section 13.20,160, which addresses tire relocation of poles, states: “The provisions ofthis section apply to new extensions of public or private utility distribution facilities for power and communication only and shall not prohibit the maintenance, repair, or alteration ofoverhead power and communication systems existing on August 24, 1965." (Muni. Code, § 13.20.160(K) [emphasis added],) PG&E has provided documentation to Public Works that overhead facilities have existed in this location for over 75 years (since at least 1947), well before August 24,1965. The work now proposed would at most be an alteration oflong-existing overhead lines, within a long-existing public utility easement, which alteration is required to now underground the lines, consistent with City goals. Nor does the proposed work otherwise constitute a “new extension” of utility distribution facilities.

Second, even ifthe undergrounding requirements could apply, the work complies with such requirements. Indeed, the basic purpose ofthe City’s undergrounding provisions is “to improve and maintain the visual quality andpublic andprivate views in the city, as well as to protect and enhance the health and quality oflife ofits citizens, by reducing hazards along with the visual blight created by overhead utilities.” (Muni. Code, § 12.68.010 [emphasis added].) That is precisely what is proposed—a significant section of overhead lines would be 469
Agenda Item # 14.
undergrounded and would facilitate further undergrounding in the future. While Municipal Code section 12.68.020 generally prohibits “relocations and extensions of existing overhead facilities” (which we presume is the language Public Works and the City Attorney are relying on), the fact that two poles would be moved to accommodate the undergrounding is neither a “relocation” nor an “extension" of overhead facilities. It simply is an adjustment of poles within an existing utility line orientation, to facilitate a significant undergrounding. The work would not “extend” existing overhead facilities; it simply would underground a portion oflines within an existing corridor. Nor would it “relocate” overhead facilities; the lines would remain within the existing public utility easement, along the same orientation, with the poles only being moved to allow a longer run of undergrounding than otherwise would be possible given the existing site conditions. The work also plainly furthers City goals toward undergrounding.

Third, even if undergrounding requirements could apply and the language prohibiting “relocations and extensions of existing overhead facilities” was triggered, relocation ofthe poles still would be permitted under Municipal Code section 13.20.160(G), which allows for individual pole relocations (when they do not constitute an extension or reconstruction) where “required to accommodate the location of., . other overhead or underground utilities in the public right-of-way.” (See also Muni. Code, § 12.68.020(B) [refencing section 13.20.160(G)].) Here, the two poles would be moved to, among other things, accommodate the undergrounding oflines under Lyell Street, a public right-of-way, and eliminate overhead lines currently above that portion ofLyell Street, resulting in an aesthetic upgrade. Again, this is the type of outcome envisioned in the undergrounding requirements and is consistent with the stated purpose.

For each ofthe above reasons, we therefore ask the City Council to direct staffto allow the proposed Rule 20 undergrounding reflected in the submitted plans and to issue all needed approvals for such work to occur. The work would underground a considerable portion ofline in furtherance ofthe City’s undergrounding goals (at no cost to the City), would be consistent with City requirements, and would facilitate the further undergrounding oflines in the future.

It also would be done in the context of a project supplying much-needed housing in the City. 470
Agenda Item # 14.

From: Hamza, Muhammad [email protected]
Subject: RE: History of OVERHEAD POWER - Alley between 1st and 2nd, between Whitney and Lyell Date: February 22,2023 at 3:53 PM
To: Jeff Warmoth [email protected]
Co: Sonny Antonio [email protected], Hamza, Muhammad [email protected] Classification: Public
Good afternoon Jeff,
Records team was able to retrieve the intended document and it has been emailed to Jim Sandoval and Victor Chen from City of Los Altos. Based on the As-built that were provided to the city, it confirms that a section of the OH infrastructure was installed in 1940’s. Attached pdf shows the sketch of the alley and I’ve highlighted some of the relevant data on it.

This document should be sufficient in addressing city's ask and our permit should be approved I
Best Reaards,
Hamza
S408.442.2983 tNi.-hih r Muhammad.Hamza@pqe,com
From: Jeff Warmoth <[email protected]>
Sent: Friday, February 17, 2023 4:58 PM
To: Hamza, Muhammad <[email protected]>
Co: Sonny Antonio <[email protected]>
Subject: Re: History of OVERHEAD POWER - Alley between 1st and 2nd, between Whitney and Lyell
CAUTION: EXTERNAL SENDER!
This email was sent from an EXTERNAL source. Do you know this person? Are you expecting this email? Are you expecting any links or attachments? If suspicious, do not click links, open attachments, or provide credentials. Don't delete it. Report it by using the "Report Phish" button.

Would there be any service records for how PG&E serviced the adjacent buildings that were constructed in 1951?
Jeff Warmoth
(650) 400-6293
On Feb 17, 2023, at 4:39 PM, Hamza, Muhammad <[email protected]> 471
Agenda Item # 14.
472
Agenda Item # 14.
473
Agenda Item # 14.

ATTACHMENT 3
ATTACHMENT 3
474
Agenda Item # 14.

Chapter 12.68 - UNDERGROUNDING UTILITIES
| Footnotes:
| -(16) -
[ Editor's note— Ord. No. 2013-395. adopted Dec. 10, 2013, amended Ch. 12.68 in its entirety, in effect repealing and j reenacting said chapter to read as set out herein. The former Ch. 12.68, §§ 12.68.010—12.68.030, pertained to similar ) subject matter and derived from Ord. No. 07-312, § 1 (part) and Ord. No. 10-359, § 28, adopted Nov. 23, 2010.

12.68.010 - Purpose.

The purpose of this chapter is to improve and maintain the visual quality and public and private views in the city, as well as to protect and enhance the health and quality of life of its citizens, by reducing hazards along with the visual blight created by overhead utilities. (Ord. No. 2013-395 . § 27, 12-10-2013; Ord. No. 2016-426 , § 27, 11-8-2016; Ord. No. 2019-464, §§ 29, 30, 12- 10-2019; Ord, No, 2022-487 . §§ 31, 32, 11 -29-2022)

12.68.020 - Undergrounding utilities.

It is the intent of the city to ensure that all new utility services and relocated existing utility services are placed underground, including additions exceeding fifty (50) percent of floor area and/or seven hundred and fifty (750) square feet or more, excluding basements and any non-habitable floor areas. For the purpose of this section, removal of roof framing with associated exterior walls down to, or below the subfloor/slab shall be included in the above calculations. Therefore, the following shall apply:

A. In areas served by existing overhead facilities, all new service drops shall be installed underground from the most convenient existing pole.

B. Relocations and extensions of existing overhead facilities shall be prohibited; provided, however, relocation of existing poles shall be permitted in some instances pursuant to Section 13.20.160 of this municipal code.

C. Residential properties that are served by utilities located in rear yards on standard lots with frontage on only one public right-of-way shall not be required to underground existing overhead services.

D. The obligation to provide compliance with these underground utility regulations may not be evaded by performing a series of small additions undertaken over a three-year period and/or two code cycles. The original addition permit issuance date where these regulations were in effect shall be used for compliance.

1. 475
Agenda Item # 14.

Any submittal for building permits which exceed fifty (50) percent and/or seven hundred and fifty (750) square feet of existing floor areas (area calculations shall not include existing basement floor areas and any non-habitable floor areas i.e., garages) during the three-year period shall comply with undergrounding of utility regulations.

2. No exception or waiver shall be granted from compliance with undergrounding utilities.

E. The Building Official may only grant exceptions to these requirements in cases where access across adjacent property is necessary but is not legally or practically available.

1. To demonstrate an exception the property owner shall provide a plan showing the required utility design, communication with adjacent property owners indicating the lack of access allowed, and a letter from the utility company which indicates that no alternative configuration for undergrounding of utilities is possible.

F. Completion of Work. Undergrounding utilities shall be completed prior to Building Final Inspection, and issuance of Certificate of Occupancy. No exception or waiver shall be granted which allows for a property owner to evade compliance with this requirement. (Ord. No. 2013-395 . § 27, 12-10-2013; Ord. No. 2016-426 , § 27, 11-8-2016; Ord. No. 2019-464, §§ 29, 30, 12- 10-2019; Ord. No. 2022-487 , §§ 31, 32, 11 -29-2022)

12.68.030 - Definitions.

For the purpose of this chapter, certain words and phrases used herein are defined as follows:
"Tear-down" means existing portions of roof framing and/or exterior walls removed for the purpose of rebuilding and remodeling.
(Ord. No. 2013-395 , § 27, 12-10-2013)
476
Agenda Item # 14.

ATTACHMENT 4
ATTACHMENT 4
477
Agenda Item # 14.

13.20.160-Utilities.

A. Water mains and fire hydrants connecting to existing systems shall be installed as required by the council for fire protection purposes. The location of water and gas mains and utility poles in street areas shall be subject to the approval of the city engineer.

B. In all cases where trunk line sewer facilities are available, sanitary sewers and appurtenances shall be installed inside and outside subdivisions and connected to such trunk line sewer facilities. Such facilities shall be constructed in accordance with the Los Altos sewer master plan and in the location and to the grade approved by the city engineer. The installation shall be subject to the provisions set forth in Title 10 of this code.

C. All new extensions of public utility facilities for power, street lighting, and communications shall be underground.

In residential areas, transformers, disconnect switches, fuses, junction boxes, and pedestal-mounted terminal boxes may be placed above-ground in enclosures as approved by the planning department.

D. In commercial areas, transformers, disconnect switches, fuses, junction boxes, and pedestalmounted terminal boxes may be placed aboveground provided a suitable location is found that will be essentially hidden from the general public view. Such locations shall be approved by the city planner.

E. In areas served by existing overhead facilities, all new service drops shall be installed underground from the most convenient existing pole.

F. In locations where existing overhead facilities are in a rear yard easement, a new service drop may be served overhead if this is the last possible lot that will be served by the particular pole. If two or more possible services may be served from the pole, they shall be underground, and an underground riser shall be installed adequate to serve all possible future services.

G. Relocations and extensions of existing overhead facilities shall be prohibited; provided, however, relocation of existing poles shall be permitted, when they do not constitute an extension or reconstruction of existing facilities, as follows:

1. Where up to a maximum of four pole relocations shall reduce the total number of poles on a public right-of-way; and

2. Where individual pole relocations are required to accommodate the location of driveways, trees, hydrants, pathways, curbs, and gutters, curb returns, storm drains, sewers, and other overhead or underground utilities in the public right-of-way.

H. Relocation of more than four consecutive poles in a line shall require approval of the council.

I. All underground facilities shall be owned and maintained by the utility except as provided by the utility's rules on file with the Public Utilities Commission of the state.

J.
478
Agenda Item # 14.

In all existing overhead areas, pole risers shall be owned and maintained by the utility except as provided by the utility's rules on file with the Public Utilities Commission of the state.

K. The provisions of this section apply to new extensions of public or private utility distribution facilities for power and communication only and shall not prohibit the maintenance, repair, or alteration of overhead power and communication systems existing on August 24,1965. (Prior code § 10-3.39)
479
Agenda Item # 14.

ATTACHMENT 5-A
ATTACHMENT 5-A
480
Agenda Item # 14.

Houston, Jolie
From:

Sent:

To:

Subject:

Attachments:

Jim Sandoval <[email protected]>
Thursday, February 23, 2023 1:06 PM
Houston, Jolie; Nick Zornes; Gabriel Engeland; Victor Chen FW: Pole Installation - 425 First St, Los Altos - PM 35194536 As-Built Docs_1947.pdf
Although it may be irrelevant at this point, here is the as-build of the alleyway's power system installed in 1947 ALERT: This email is from an external source
Jim Sandoval, P.E. | Director | City Engineer
Public Works Department | City of Los Altos
1 N. San Antonio Road | Los Altos, CA | 94022
Ph: (650) 947-2780 | Fx: (650) 947-2732
jsandgtraksiosaltosca^py
From: Hamza, Muhammad <[email protected]>
Sent: Wednesday, February 22, 2023 3:40 PM
To: Jim Sandoval <[email protected]>
Cc: Victor Chen <[email protected]>; Hamza, Muhammad <[email protected]> Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 Classification: Public
Good afternoon Jim,
Please find attached document which can referred to an as-built showing that the infrastructure in the alley was installed in 1940's. Please let me know if you have any questions.

Best Regards,
Hamza
W408.442.2983 (Mobile) | i [email protected]
■
/’zti ifa- fut •. wZ
From: Jim Sandoval <[email protected]>
Sent: Friday, February 10, 2023 10:43 AM
To: Hamza, Muhammad <[email protected]>
Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 1 481
Agenda Item # 14.

Thanks so much, Hamza.

Jim
Jim Sandoval, P.E. | Director | City Engineer
Public Works Department | City of Los Altos
1 N. San Antonio Road | Los Altos, CA | 94022
Ph: (650) 947-2780 | Fx: (650) 947-2732
jsandoval^losaltgscaigoy
From: Hamza, Muhammad <[email protected]>
Sent: Friday, February 10, 2023 8:28 AM
To: Jim Sandoval <[email protected]>
Cc: Victor Chen <[email protected]>
Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 Classification: Public
Understood. I will reach out to my records dept, to attain this info for you. This will take some time.

Best Regards,
Hamza
B408.442.2983 (Mobile) | [email protected]
n
RseifeSits awf
From: Jim Sandoval <[email protected]>
Sent: Thursday, February 9, 2023 7:32 PM
To: Hamza, Muhammad <[email protected]>
Cc: Victor Chen <[email protected]>
Subject: Re: Pole Installation - 425 First St, Los Altos - PM 35194536 Thanks Hamza. I'm trying to understand the age of the distribution and/or generation overhead conductor system in the alley behind 425 1st. Not just the poles. It's complicated, but our municipal code has different rules for systems installed before or after 1965. Some old undated photos we have show overhead power lines in that alley, but that dates are not certain. Do you have that information?
Jim Sandoval | City of Los Altos
(510) 610-9301
Sent from my smartphone
On Feb 9, 2023, at 6:07 PM, Hamza, Muhammad <[email protected]> wrote:
2 482
Agenda Item # 14.

Good evening Jim,
Newest pole in the alley behind 425 First St, Los Altos was installed in 2019 and the oldest was installed in 1971. Please let me know if this clarifies your ask. Feel free to reach out should you require more info.

Best Regards,
Hamza
S408.442.2983 (Mobile) | [email protected]
Cafttfiirrfjf
From: Jim Sandoval <[email protected]>
Sent: Thursday, February 9, 2023 8:10 AM
To: Hamza, Muhammad <[email protected]>
Cc: Victor Chen <[email protected]>
Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 Importance: High
Hi Hamza,
We need a clarification on your 12/27 email below. Thanks for the installation date of the pole in question. Could you please tell us the installation date of the overhead power lines system in the alley behind 425 First St, Los Altos, which are being undergrounded by the developer? Regards,
Jim
Jim Sandoval, P.E. | Director | City Engineer
Public Works Department | City of Los Altos
1 N. San Antonio Road | Los Altos, CA | 94022
Ph: (650) 947-2780 | Fx: (650) 947-2732
isandoval<a>losaltosra.Rov
From: Hamza, Muhammad <[email protected]>
Sent: Tuesday, December 27, 2022 7:14 PM
To: Harun Musaefendic <[email protected]>
Cc: Sonny Antonio <[email protected]>: Fung, Glen <[email protected]>: Jim Sandoval <[email protected]>: Victor Chen <[email protected]>: Hamza, Muhammad <[email protected]>
Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 Classification: Public
3 483
Agenda Item # 14.

Good evening Harun,
Based on the information in our database, pole in question is shown to be installed in 1989. Let me know if you require any additional info.

Best Regards,
Hamza
11408.442.2983 (Mobile) | [email protected]
f/j ( it > f
From: Harun Musaefendic <[email protected]>
Sent: Thursday, December 22, 2022 1:14 PM
To: Hamza, Muhammad <[email protected]>
Cc: Sonny Antonio <[email protected]>: Fung, Glen <[email protected]>: Jim Sandoval <[email protected]>: Victor Chen <[email protected]> Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 Good afternoon Hamza,
I've talked to the Public Works Director Jim Sandoval, copied on this email in regards to this project.

We found some language in the municipal code that would apply here, see below:

K. The provisions of this section apply to new extensions of public or private utility distribution facilities for power and communication only and shall not prohibit the maintenance, repair, or alteration of overhead power and communication systems existing on August 24,1965.

We are under the impression that this would be alteration of the existing overhead power and communication system, but need confirmation that the facilities were installed before August 24,1965.

Please confirm installation date of these facilities and we will continue processing this permit submittal.

Thank you,
Harun Musaefendic, BIT
Assistant Civil Engineer
Public Works Department
From: Hamza, Muhammad <[email protected]>
Sent: Wednesday, December 21, 2022 9:10 PM
To: Harun Musaefendic <[email protected]>
Cc: Sonny Antonio <[email protected]>: Fung, Glen <[email protected]> Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 4 484
Agenda Item # 14.

Classification: Public
Good evening Harun,
Please let us know if you heard back from your leadership on pole set. As you know, this is a critical task to be completed so the customer doesn't face any financial hardship. Your assistance is appreciated.

Best Regards,
Hamza
‘8’408.442.2983 (Mobile) [email protected]
From: Harun Musaefendic <[email protected]>
Sent: Wednesday, December 14, 2022 7:44 PM
To: Hamza, Muhammad <[email protected]>
Cc: Sonny Antonio <[email protected]>; Fung, Glen <GYFl@pge,com> Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 I'll find time to attend this meeting.

Thank you,
Harun Musaefendic, BIT
Assistant Civil Engineer
Public Works Department
From: Hamza, Muhammad <[email protected]>
Sent: Wednesday, December 14, 2022 5:41 PM
To: Harun Musaefendic <[email protected]>
Cc: Sonny Antonio <[email protected]>: Fung, Glen <[email protected]> Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 Classification: Public
Harun,
I sent out a meeting invite for tomorrow from 1500-1530, hopefully you're able to join. I'll have following attendees on the call:

Glen Fung - PG&E Elect. Engineer
Sonny Antonio - Customer's Design Engineer
5 485
Agenda Item # 14.

Best Regards,
Hamza
S408.442.2983 (Mobile) | M [email protected]
O.’i
From: Harun Musaefendic <[email protected]>
Sent: Wednesday, December 14, 2022 3:11 PM
To: Hamza, Muhammad <[email protected]>
Cc: Sonny Antonio <[email protected]>; Fung, Glen <[email protected]> Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 Sounds good. Looking forward to talking with you tomorrow.

Thank you,
Harun Musaefendic, EIT
Assistant Civil Engineer
Public Works Department
From: Hamza, Muhammad <[email protected]>
Sent: Wednesday, December 14, 2022 3:07 PM
To: Harun Musaefendic <[email protected]>
Cc: Sonny Antonio <[email protected]>; Fung, Glen <[email protected]> Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 Classification: Public
Harun,
I'll be scheduling this meeting for sometime tomorrow, will get back to you with our availability.

Best Regards,
Hamza
11408.442.2983 (Mobile) | [email protected]
From: Harun Musaefendic <[email protected]>
Sent: Tuesday, December 13, 2022 6:32 PM
To: Hamza, Muhammad <[email protected]>
6 486
Agenda Item # 14.

Cc: Sonny Antonio <[email protected]>; Fung, Glen <[email protected]> Subject: RE: Pole Installation - 425 First St, Los Altos - PM 35194536 Hello Hamza,
My schedule is open tomorrow afternoon, let me know if that works for you. I am on counter duty all day Thursday, if that works better for your team let me know what time and I'll get coverage.

Thank you,
Harun Musaefendic, BIT
Assistant Civil Engineer
Public Works Department
From: Hamza, Muhammad <[email protected]>
Sent: Tuesday, December 13, 2022 5:09 PM
To: Harun Musaefendic <[email protected]>
Cc: Sonny Antonio <[email protected]>; Fung, Glen <[email protected]>: Hamza, Muhammad <[email protected]>
Subject: Pole Installation - 425 First St, Los Altos - PM 35194536 Classification: Public
Good evening Harun,
I'd like to schedule a call with you to go over the pole installation on subject project. Ideally, we'd like to come up with a solution to avoid any delays to the customer. I'm 000 this Friday but pretty much open for rest of the week.

Best Regards,
Hamza | Industrial Power Engineer
8408.442.2983 (Mobile) | i><j [email protected]
Call Before You Dig - www.call811.com
Online Application for New Project- www.pqe.com/cco
PG&E Tariffs Reference ~ www.pqe. com/tariffs
PG&E Greenbook Online - www.pqe.com/qreenbook
Inspection Desk (San Jose) - [email protected] (408-299-1024) Inspection Desk (De Anza) - [email protected] (408-725-2202) You can read about PG&E's data privacy practices here or at PGE.com/privacy. 7 487
Agenda Item # 14.

ATTACHMENT 5-B
ATTACHMENT 5-B
488
Agenda Item # 14.

Houston, Jolie
From: Gabriel Engeland <[email protected]>
Sent:

To:

Monday, February 27, 2023 10:26 AM
Houston, Jolie; Bidgoli, Sam Atabay
Subject: FW: Meeting re Undergrounding of Overhead Utilities in Downtown Los Altos Attachments: Letter to City Manager re Undergrounding Utilities (02_01_2023).pdf; Administrative Appeal (02_01_2023).pdf
ALERT: This email is from an external source.

Jolie and Sam,
Please see the attached and the below.

Thanks,
Gabe
Latest Los Altos news at yourfingertips: Sign up for the City Manaser Weekly Update.

Gabriel Engeland
City Manager, City of Los Altos
(650) 947-2740 | www.losaltosca.gov
1 N. San Antonio Road | Los Altos, CA 94022
From: Jeff Warmoth <[email protected]>
Sent: Monday, February 27, 2023 9:40 AM
To: Gabriel Engeland <[email protected]>
Subject: Fwd: Meeting re Undergrounding of Overhead Utilities in Downtown Los Altos Hi Gabe,
Please share this letter with the City Attorney.

Its clearly states that we were including a draft Administrative Appeal letter since Public Works Staff told PG&E that was our only recourse.
1 489
Agenda Item # 14.

We disagree with the Public Works' staff conclusion, in a met proposed by PG&E is contrary to the City's Municipal Code. Ii the PG&E representative, City Public Works staff stated that Administrative Appeal to the City Council.

I am hoping that we can resolve this disagreement without h for us and for the City) necessitated by an Administrative Apj Appeal to further explain our position.

Thank you.

Jeff
Jeff Warmoth
(650) 400-6293
Begin forwarded message:

From: Jeff Warmoth <[email protected]>
Subject: Meeting re Undergrounding of Overhead Utilities in Downtown Los Altos Date: February 1, 2023 at 2:48:48 PM PST
To: [email protected]
Cc: Jeff Warmoth <[email protected]>
Mr. Engeland,
Please see the attached letter in advance of our meeting.

Please let me know when you are able to confirm our meeting date and time.

Thank you.

Jeff
2 490
Agenda Item # 14.

Jeff Warmoth
(650) 400-6293
3 491
Agenda Item # 14.

February 1, 2023
Mr. Gabe Engeland
City Manager
Los Altos City Hall
1 N. San Antonio Road
Los Altos, CA 94022
Re: Downtown Los Altos - Utility Undergrounding Project Dear Mr. Engeland,
I wanted to reach out to you prior to our in-person meeting to discuss the issue that we are having with our downtown utility undergrounding project forthe two residential housing projects located at 3891st Street and 425 1“Street. The City Public Works' staff position, if allowed to stand, would result in a significant delay in completing these two residential housing projects that together provide 30 muchneeded housing units, four of which are affordable housing units.

We disagree with the Public Works' staff conclusion, in a meeting with PG&E today, that what is being proposed by PG&E is contrary to the City's Municipal Code. In a meeting with PG&E today, according to the PG&E representative, City Public Works staff stated that our only recourse was to file an Administrative Appeal to the City Council.

I am hoping that we can resolve this disagreement without having to expend the time and effort (both for us and for the City) necessitated by an Administrative Appeal. I have attached a draft Administrative Appeal to further explain our position.

I respectfully request that you review the following and the attached, and visit the area (the alley between 1st Street and 2'1d Street and between Whitney Street and Lyell Street) to better understand the scope of the utility undergrounding project.

Our request is simply that the City approve (i) PG&E moving the pole behind 389 1st Street to a replacement pole location 20+/- feet north of the existing pole, and (ii) PG&E moving the pole behind 425 l5t Street across Lyell Street to a replacement pole location adjacent to the existing pole (with the transformer on it) in the alley behind First Republic Bank.

PG&E's undergrounding would result in no new utility poles, and would result in the undergrounding over 250+ LF of power and communication lines in a highly-visible downtown area, at no cost to the City.

There are two utility poles along the alley currently, one behind 389 1st Street and one behind 425 1st Street. When PG&E's undergrounding is complete, there will still be two utility poles along the alley, one behind 377 1st Street and one behind 441 Is1 Street PG&E's rules will not allow the termination of the undergrounding to the utility pole that is currently behind First Republic Bank because it has a transformer on it. Thus, a replacement utility pole is required to terminate the utility undergrounding project.
492
Agenda Item # 14.

When PG&E's utility undergrounding is complete, it will set the stage for the planned undergrounding of the rest of the alley between 1st Street and 2nd Street and between Whitney Street and Lyell Street.

When both utility undergrounding projects are completed, the entire block will have been undergrounded at no cost to the City.

Please note that the 250-plus linear feet of PG&E's undergrounding in this very visible downtown location is being done at our sole cost, and was not a Condition of Approval of either the 389 1st Street or 425 1st Street projects.

Unfortunately, since these two projects are almost complete, and since the projects were designed to PG&E's plan for utility undergrounding, the primary alternative is to revise PG&E's plan to serve the buildings and the buildings' two new, underground transformers, from the existing overhead utility poles behind 389 1st Street and behind 425 l5t Street, with no resulting utility undergrounding (other than the services to the two buildings.

I respectfully request that after you review the City's Municipal Code, this letter, the attachments and visit the area in question, you determine that the City can approve PG&E's plans for undergrounding over 250-plus linear feet of existing, overhead power and communication lines in this very visible downtown Los Altos area.

Thank you for your consideration.

JefWvarmoth
(650) 400-6293
'armoth
493
Agenda Item # 14.

CITY OF LOS ALTOS APPEAL FORM
1 North San Antonio Road, Los Altos, CA 94022; (650) 947-2700 NOTE TO APPLICANT:

Please attach any supplemental documents to this form as part of your appeal.

Type of Appeal;
Appeal of Administrative Determination Fees - Please Refer to Master Fee Schedule:
https://www.losartosca.gov/communitydevel
opment/page/forms-and-handouts-0
Appeal of Development Review Commission
Decision
Appeal of Planning Commission Decision
Appellant Contact Information:

Name: Jeff Warmoth Telephone Number: (650) 400-6293
Mailing Address: PO Box 1087, Santa Barbara, CA 93102
Email Address [email protected] ___
Signature: ^y^^^uC***1**^
Project Information (about the project for which the appeal is being submitted):

Planning Commission/DRC Meeting Date: _
Administrative Determination Date: Febmary 1,2023 __
Planning Division File #: __ ___________
Property Address: 389 1st Street & 425 1st Street _
Assessor’s Parcel Number: 167-41-066 & 167-41-019 (Can be found on staffreport) Reason for Appeal / Explanation ofError or Abuse of Discretion.

Please describe the alleged error or abuse, or how the decision is not supported by substantial evidence in the record. Please identify ifthis appeal will be under Chapter 1.12 ofthe Municipal Code (Appeal Ordinance) or an appeal under Section 14,76.100 ofthe Municipal Code (Design Review Appeal). Attach additional pages if necessary.

Please see attached.

The Los Altos Planning Department Counter is open Monday - Friday (closed alternate Fridays)
From 7:30 p.m. - 5:00 p.m.

Telephone: (650) 947-2700
If you need assistance from the City Clerk’s office, please call 650-947-2610.

Los Altos Planning Division Appeal Form P.1
Revised 7Z20
494
Agenda Item # 14.

Attachment to Appeal of Administrative Determination dated February 1, 2023 This appeal is pursuant to Chapter 1.12 of the Los Altos Municipal Code.

We hereby respectfully appeal the Public Works7 staff Administrative Determination, stated in a meeting with PG&E today, that what is being proposed by PG&E is contrary to the City's Municipal Code. In a meeting with PG&E today, according to the PG&E representative, City Public Works staff stated that our only recourse was to file an Administrative Appeal to the City Council.

Attached are the relevant Los Altos Municipal Code Sections. Please note that only "(rjelocations and extensions of existing overhead facilities" shall be prohibited. In this case the proposed utility undergrounding clearly does not constitute a relocation or an extension "of existing overhead facilities".

The over 250-plus linear feet of utility undergrounding is clearly a removal/undergroundlng of existing overhead facilities.

If the City Council had wanted to prohibit the location or relocation of utility poles required in circumstances when "existing overhead facilities" are being removed/undergrounded, it would have clearly stated that intention in the City's Municipal Code.

Our request is simply that the City approve (i) PG&E moving the pole behind 389 1st Street to a replacement pole location 20+/- feet north of the existing pole, and (ii) PG&E moving the pole behind 425 1st Street across Lyell Street to a replacement pole location adjacent to the existing pole (with the transformer on it) in the alley behind First Republic Bank.

It is important to note that PG&E's undergrounding would result In no new utility poles, and would result in the undergrounding over 250+ LF of power and communication lines in a highly-visible downtown area, at no cost to the City.

There are two utility poles along the alley currently, one behind 389 1st Street and one behind 425 1st Street. When PG&E's undergrounding is complete, there will still be two utility poles along the alley, one behind 377 1st Street and one behind 4411st Street, PG&E's rules will not allow the termination of the undergrounding to the utility pole that is currently behind First Republic Bank because it has a transformer on it. Thus, the relocation of the utility pole currently located behind 425 1st Street is required to terminate the removal / undergrounding of the "existing overhead facilities.

When PG&E's utility undergrounding is complete, it will set the stage for the planned undergrounding of the rest of the alley between 1st Street and 2tld Street and between Whitney Street and Lyell Street.

When both utility undergrounding projects are completed, the entire block will have been undergrounded at no cost to the City.

Please note that the 250-plus linear feet of PG&E's undergrounding in this very visible downtown location is being done at our sole cost, and was not a Condition of Approval of either the 389 l5t Street or 425 1st Street projects.
495
Agenda Item # 14.

The City Public Works' staff position, if allowed to stand, would result in a significant delay in completing these two residential housing projects that together provide 30 much-needed housing units, four of which are affordable housing units.

Unfortunately, since these two projects are almost complete, and since the projects were designed to PG&E's plan for utility undergrounding, the primary alternative is to revise PG&E's plan to serve the buildings and the buildings' two new, underground transformers, from the existing overhead utility poles behind 389 1st Street and behind 425 I51 Street, with no resulting utility undergrounding (other than the services to the two buildings.

We respectfully request that after the Mayor and City Council members review the City's Municipal Code, this Appeal of Administrative Determination and visit the area in question, they determine that the City can approve PG&E's plans for undergrounding over 250-plus linear feet of existing, overhead power and communication lines in this very visible downtown Los Altos area. 496
Agenda Item # 14.

Los Altos, CA Code of Ordinances 2/1/23, 11:28 AM

12.68.020 - Undergrounding utilities.

It is the intent of the city to ensure that all new utility services and relocated existing utility services are placed underground, including additions exceeding fifty (50) percent of floor area and/or seven hundred and fifty (750) square feet or more, excluding basements and any non-habitable floor areas. For the purpose of this section, removal of roof framing with associated exterior walls down to, or below the subfloor/slab shall be included in the above calculations. Therefore, the following shall apply:

A. In areas served by existing overhead facilities, all new service drops shall be installed underground from the most convenient existing pole.

B. Relocations and extensions of existing overhead facilities shall be prohibited; provided, however, relocation of existing poles shall be permitted in some instances pursuant to Section 13,20,160 of this municipal code.

C. Residential properties that are served by utilities located in rear yards on standard lots with frontage on only one public right-of-way shall not be required to underground existing overhead services.

D. The obligation to provide compliance with these underground utility regulations may not be evaded by performing a series of small additions undertaken over a three-year period and/or two code cycles. The original addition permit issuance date where these regulations were in effect shall be used for compliance. 1, Any submittal for building permits which exceed fifty (50) percent and/or seven hundred and fifty (750) square feet of existing floor areas (area calculations shall not include existing basement floor areas and any non-habitable floor areas i.e., garages) during the three-year period shall comply with undergrounding of utility regulations.

2. No exception or waiver shall be granted from compliance with undergrounding utilities.

E. The Building Official may only grant exceptions to these requirements in cases where access across adjacent property is necessary but is not legally or practically available.

1. To demonstrate an exception the property owner shall provide a plan showing the required utility design, communication with adjacent property owners indicating the lack of access allowed, and a letter from the utility company which indicates that no alternative configuration for undergrounding of utilities is possible.

F. Completion of Work. Undergrounding utilities shall be completed prior to Building Final Inspection, and issuance of Certificate of Occupancy. No exception or waiver shall be aboutiblank Page 1 of 2
497
Agenda Item # 14.

Los Altos, CA Code of Ordinances 2/1/23,11:28 AM
granted which allows for a property owner to evade compliance with this requirement. (Ord. No. 2013-395, § 27,12-10-2013; Ord. No. 2016-426, § 27,11-8-2016; Ord. No. 2019-464, §§ 29,30, 12-10-2019; Ord, No, 2022-487, §§ 31,32,11 -29-2022)
aboutiblank Page 2 of 2
498
Agenda Item # 14.

Los Altos, CA Code of Ordinances 2/1/23,11:27 AM

13.20.160-Utilities.

A. Water mains and fire hydrants connecting to existing systems shall be installed as required by the council for fire protection purposes. The location of water and gas mains and utility poles in street areas shall be subject to the approval of the city engineer.

B. In all cases where trunk line sewer facilities are available, sanitary sewers and appurtenances shall be installed inside and outside subdivisions and connected to such trunk line sewer facilities. Such facilities shall be constructed in accordance with the Los Altos sewer master plan and in the location and to the grade approved by the city engineer. The installation shall be subject to the provisions set forth in Title 10 of this code.

C. All new extensions of public utility facilities for power, street lighting, and communications shall be underground.

In residential areas, transformers, disconnect switches, fuses, junction boxes, and pedestal-mounted terminal boxes may be placed above-ground in enclosures as approved by the planning department.

D. In commercial areas, transformers, disconnect switches, fuses, junction boxes, and pedestalmounted terminal boxes may be placed aboveground provided a suitable location is found that will be essentially hidden from the general public view. Such locations shall be approved by the city planner.

E. In areas served by existing overhead facilities, all new service drops shall be installed underground from the most convenient existing pole.

F. In locations where existing overhead facilities are in a rear yard easement, a new service drop may be served overhead if this is the last possible lot that will be served by the particular pole.

If two or more possible services may be served from the pole, they shall be underground, and an underground riser shall be installed adequate to serve all possible future services.

G. Relocations and extensions of existing overhead facilities shall be prohibited; provided, however, relocation of existing poles shall be permitted, when they do not constitute an extension or reconstruction of existing facilities, as follows:

1. Where up to a maximum of four pole relocations shall reduce the total number of poles on a public right-of-way; and

2. Where individual pole relocations are required to accommodate the location of driveways, trees, hydrants, pathways, curbs, and gutters, curb returns, storm drains, sewers, and other overhead or underground utilities in the public right-of-way. aboutblank Page 1 of 2
499
Agenda Item # 14.

Los Altos, CA Code of Ordinances 2/1/23, 11:27 AM
H. Relocation of more than four consecutive poles in a line shall require approval of the council.

I. All underground facilities shall be owned and maintained by the utility except as provided by the utility's rules on file with the Public Utilities Commission of the state.

J. In all existing overhead areas, pole risers shall be owned and maintained by the utility except as provided by the utility's rules on file with the Public Utilities Commission of the state.

K. The provisions of this section apply to new extensions of public or private utility distribution facilities for power and communication only and shall not prohibit the maintenance, repair, or alteration of overhead power and communication systems existing on August 24,1965. (Prior code § 10-3.39)
about:blank Page 2 of 2
500
Agenda Item # 14.

ATTACHMENT 5-C
ATTACHMENT 5-C
501
Agenda Item # 14.

Houston, Jolie
From: Gabriel Engeland <[email protected]>
Sent:

To:

Tuesday, February 28, 2023 8:40 PM
Houston, Jolie
Subject: FW: Request for Approval of PG&E Encroachment Permit for PG&E Approved Plan for Undergrounding Overhead Power and Replacement / New Termination Poles Attachments: 389 & 425 First - PG&E Approved Plans (02_26_202D.pdf; PG&E As-Built Docs_1947_

1.pdf
ALERT: This email is from an external source.

Thanks,
Gabe
Latest Los Altos news at yourfingertips: Sign up for the City Manager Weekly Update.

Gabriel Engeland
City Manager, City of Los Altos
(650) 947-2740 | www.losaltosca.gov
1 N. San Antonio Road | Los Altos, CA 94022
From: Jeff Warmoth <[email protected]>
Sent: Tuesday, February 28, 2023 8:10 PM
To: Jolie Houston <[email protected]>
Cc: Gabriel Engeland <[email protected]>; Bidgoli, Sam Atabay <[email protected]>; Clark Morrison <[email protected]>; Jeff Warmoth <[email protected]> Subject: Request for Approval of PG&E Encroachment Permit for PG&E Approved Plan for Undergrounding Overhead Power and Replacement / New Termination Poles
Dear Ms. Houston,
The following is in response to your email this evening. Once you have had the opportunity to review my response, I would welcome a chance to speak with you about PG&E's request for an encroachment permit / our request for an excavation permit to continue with the undergrounding of 325+ linear feet of existing overhead power and communications.

Draft Administrative Appeal
Please allow me to clear up some confusion about the draft Administrative Appeal that I included with my letter to City Manager Gabriel Engeland. As stated in my letter to Mr. Engeland, the draft Administrative Appeal was attached "to 1 502
Agenda Item # 14.
further explain our position." I have definitively not filed an Administrative Appeal at this time. The following is an excerpt from that letter.
"We disagree with the Public Works' staff conclusion, in a meeting with PG&E today, that what is being proposed by PG&E is contrary to the City's Municipal Code. In a meeting with PG&E today, according to the PG&E representative, City Public Works staff stated that our only recourse was to file an Administrative Appeal to the City Council.

I am hopingthat we can resolve this disagreement without havingto expend the time and effort (both forusand forthe City) necessitated by an Administrative Appeal. I have attached a draft Administrative Appeal to further explain our position."
PG&E Approved Plans
Over two years ago, on February 26, 2021, PG&E approved the design for the undergrounding of 325+ linear feet of existing overhead power and communications, including the installation of (i) a replacement pole behind 3811st Street and (ii) a new termination pole behind 400 S. San Antonio Road. I have attached a copy of the PG&E approved plans (the "PG&E Approved Plans").

Both PG&E's Muhammad Hamza and I have been trying to get a written determination from the Public Works Department since December of 15, 2022. We still have not been able to get an approval for the PG&E Approved Plans, or even a "written determination and/or denial of a permit by the City." PG&E has filed a request for an encroachment permit with the Public Works Department for the work shown on the PG&E Approved Plans. However, PG&E has been unable to get the Public Works Department to grant the encroachment permit for the PG&E work, including installation of the replacement termination pole and the new termination pole.

By way of background, I originally submitted the PG&E Approved Plans to the Public Works Department on November 11, 2021 for the purpose of obtaining an excavation permit. While I do not know the exact date, I do know that PG&E submitted the PG&E Approved Plans to the Public Works Department for the purpose of obtaining an encroachment permit prior to that date. The replacement termination pole and new termination pole were both shown on the PG&E Approved Plans that PG&E submitted to the Public Works Department. We did not learn that the City had a problem with the new termination pole in the alley on the other side of Lyell Street until December 15, 2022. We have been trying to get a determination from the Public Works Department since then.

We have installed all of the underground conduit set forth in the PG&E Approved Plans, which work has been fully inspected and approved by PG&E, including the conduit necessary to underground the existing overhead power and communication services to the buildings located at 377, 381, 389, 395, 399,401 and 425 1st Street. The only remaining work to be completed, as shown on the PG&E Approved Plan, is (i) the trenching and installing conduit across Lyell Street, (ii) the installation of the replacement termination pole and new termination poles, (iii) the installation of the new power and communication lines in the conduit by PG&E, AT&T and Comcast, and (iv) the removal of the two existing poles and the existing overhead power and communication lines by PG&E, AT&T and Comcast.

Municipal Code
While not required by conditions of approval of the 389 1st Street and 425 1st Street projects, nor by the Los Altos Municipal Code Section 12.68 - Undergrounding Utilities, we voluntarily began the PG&E process to underground approximately 325+ linear feet of existing overhead power and communications lines in this very visible Downtown Los Altos location (including across Lyell Street). There has been overhead power in this location for over 75 years, at minimum.
2 503
Agenda Item # 14.

In addition to being fully compliant with the actual language of Los Altos Municipal Code Section 12.68 - Undergrounding Utilities, we are fully in compliance with its purpose:
"The purpose of this chapter is to improve and maintain the visual quality and public and private views in the city, as well as to protect and enhance the health and quality of life of its citizens, by reducing hazards along with the visual blight created by overhead utilities.

It is important to note that PG&E's Muhammad Hamza provided proof directly to the City Public Works Director / City Engineer Jim Sandoval that overhead power and communication systems existed in this location for over 75 years (since at least 1947), and as a result, the provisions of Los Altos Municipal Code Section 13.20.160 - Utilities do not apply. That section provides: "The provisions of this section apply to new extensions of public or private utility distribution facilities for power and communication only and shall not prohibit the maintenance, repair, or alteration of overhead power and communication systems existing on August 24,1965. Since the overhead power and communication systems in this location existed for at least 18 years before August 24,1965, PG&E is not prohibited from altering the existing overhead power and communication system.

Request
We respectfully request that the City issue the pending PG&E encroachment permit, and my pending excavation permit, to allow the undergrounding of 325+ linear feet of existing overhead power and communications, including the installation of (i) a replacement termination pole behind 3811st Street and (ii) a new termination pole behind 400 S. San Antonio Road.

Warm regards,
Jeff Warmoth
(650) 400-6293
On Feb 28, 2023, at 6:05 PM, Houston, Jolie <[email protected]> wrote:

Mr. Warmoth
This is in response to your letter dated February 1, 2023, to City Manager Engeland and your Appeal of an Administrative Determination received by the City of Los Altos (City) on February 27, 2023. The City Appeal Form you submitted has an "Attachment to Appeal of Administrative Determination dated February 1, 2023."
This Attachment states:
"Attachment to Appeal ofAdministrative Determination dated February 1, 2023.

This appeal is pursuant to Chapter 1.12 of the Los Altos Municipal Code.

We hereby respectfully appeal the Public Works' staffAdministrative Determination, stated in a meeting with PG&E today, that what is being proposed by PG&E is contrary to the City's Municipal Code. In meeting with PG&E today, according to the PG&E representative, City Public Works staffstated that our only recourse was tofile an Administrative Appeal to the City Council." 3 504
Agenda Item # 14.

The City's Appeal Form requests that you identify the following:
"Reason for Appeal/Explanation of Error or Abuse of Discretion.

Please describe the alleged error or abuse, or how the decision is not supported by substantial evidence in the record. Please identify if this appeal will be under Chapter 1.12 of the Municipal Code (appeal Ordinance) or an appeal under Section 14.76.100 of the Municipal Code (Design Review Appeal).

Attached additional pages if necessary."
I am requesting clarification of your statement "(w]e hereby respectfully appeal the Public Works' staff Administrative Determination." Please confirm this determination (decision). Currently, I am unaware of any written determination and/or denial of a permit by the City or PG&E. Please send this information to me since it will be necessary for an appeal to be taken to the City Council if one is authorized.

Your letter and the Appeal Form Attachment refers to the "PG&E plans for undergrounding over 250-pls linear feet of existing overhead power and communication lines" that you request the City to approve.

Do you have any correspondence (plans) from PG&E that would allow the removal/undergrounding of existing overhead facilities, which would be achieved by the removal and relocating the utility poles.

Thank you,
Jolie Houston
Los Altos City Attorney
4 505
Agenda Item # 14.
506
Agenda Item # 14.

Date completed^
Material Used on this Work Order
SKETCH OF WORK—Foreman to Correct if Changes are Made—Otherwise o. k. Here aA
s-S/aw .Setw
Add all details y sketch in memo, form, Station. .Circuit. /St
/v /‘Z?« # e a '1
KtCV.V“> I
n.ERS APR 4 'j4/
.T / signed-^. </cr _____ .Foreman
Show in this space the member of plant units installed such as frames, guys, platforms, manholes, etc. (sho^drawing number for platforms and other special structures) that cannot be identified from list of material. If estimate involves more than one location, show location of plant units.

Date Work Started
List Transformers Co. Nos. & Sizes
i.
0,^000
Requisition number Log. Pur. Ord. nos. DEBIT /
s
CREDIT
7/W^/
<■
- n v/
7-2 3^6 ■
507
Agenda Item # 14.

ATTACHMENT 5-
ATTACHMENT 5-D
508
Agenda Item # 14.

Houston, Jolie
From:

Sent:

To:

Cc:

Subject:

Houston, Jolie
Tuesday, March 7, 2023 12:08 PM
Morrison, Clark
Gabriel Engeland ([email protected]); Bidgoli, Sam Atabay Warmoth Response
Mr. Morrison
After thoroughly reviewing Mr. Warmoth's letters and documents he submitted to the City Manager, I believe that the City's Public Works staff had the correct interpretation of the Los Altos Municipal Code (LAMC) and properly stated that the City would reject the permits allowing the relocation of the two utility poles. The removal of two utility poles and the installation of two new utility poles where there previously were no utility poles is inconsistent with the LAMC. Should you disagree with this position, your client may appeal the decision to the City Council pursuant to LAMC section 1.12.010.

Thank you,
Jolie Houston
Los Altos City Attorney
1 509
Agenda Item # 14.

ATTACHMENT 5-E
ATTACHMENT 5-E
510
Agenda Item # 14.

Houston, Jolie
From: Gabriel Engeland <[email protected]>
Sent:

To:

Friday, March 10, 2023 10:00 AM
Houston, Jolie; Jon Maginot; Jim Sandoval; Nick Zornes
Subject: Fwd: Undergrounding 325 Feet of Overhead Power and Communication Lines in Downtown Los Altos
Attachments: City Council Letter re PG&E Rule 20 Undergrounding.pdf ALERT: This email is from an external source.

Thanks,
Gabe
Gabriel Engeland
City Manager
City of Los Altos
(650) 947-2740 | www.losaltosca.gov
1 N. San Antonio Road | Los Altos, CA 94022
From: Jeff Warmoth <[email protected]>
Sent: Saturday, March 11, 2023 1:50:21 AM
To: Sally Meadows <[email protected]>; Jonathan Weinberg <[email protected]>; Pete Dailey <[email protected]>; Neysa Fligor <[email protected]>; Lynette Lee Eng <[email protected]> Cc: City Council <[email protected]>; Gabriel Engeland <[email protected]> Subject: Undergrounding 325 Feet of Overhead Power and Communication Lines in Downtown Los Altos Dear Mayor Meadows and Honorable City Council Members,
Please see the attached letter regarding the undergrounding of over 325 feet of overhead power and communication lines in Downtown Los Altos.

I am available to discuss the letter and to answer any questions that you may have at your convenience.

Warm Regards,
Jeff Warmoth
(650) 400-6293
1 511
Agenda Item # 14.

March 9, 2023
Dear Mayor Meadows and Honorable City Council Members,
We are the owners of the properties located at 389 and 425 1st Street. Both properties are currently under construction and are scheduled to be completed in May 2023. Upon completion, the two projects would provide 30 much-needed housing units in the City, four of which will be affordable. For years, these two projects have been designed to PG&E's plan for utility undergrounding, which (in addition to undergrounding services to the two new buildings) would underground over 325 feet of overhead power and communications lines located along the alley that runs behind the buildings between 1st Street and 2nd Street. This undergrounding would be done at no cost to the City and would result in significant undergrounding of lines in a highly-visible Downtown Los Altos area.

Only recently, Public Works and the City Attorney have taken the position that the proposed undergrounding, which would require an adjustment to the location of two poles located within the alley, is inconsistent with the Los Altos Municipal Code. This interpretation, however, is contrary to both the language and purpose of the City's Municipal Code and undergrounding requirements and, if allowed to stand, would result in significant delay in completion of the two projects. Moreover, if this interpretation is allowed to stand, the only alternative to the PG&E approved plans for undergrounding is to revise PG&E's plans to have no undergrounding of the overhead power and communications (other than the services to the two buildings). We are writing this letter to request the City Council's assistance in helping move these projects forward.

By way of background, we originally submitted the PG&E approved Rule 20 plans to the City on November 11, 2021. PG&E had submitted the plans sometime prior to that date. The proposed utility work, including the two poles to be moved, was always shown on these plans.

To facilitate the undergrounding of the over 325 feet of overhead power and communication lines, we are requesting the City approve: (i) PG&E moving the pole located behind 389 1st Street to a location 20+/- feet north of the existing pole; and (ii) PG&E moving the pole behind 425 1st Street across Lyell Street to a location adjacent to another existing pole with a transformer on it in the alley behind First Republic Bank. Both poles would be installed within a public utility easement that has existed for at least 75 years. PG&E's safety rules will not allow for the termination of the undergrounding to the pole already behind First Republic Bank that currently has the transformer on it.

Once PG&E's utility undergrounding is complete, it will set the stage for the future undergrounding of the rest of the alley between Lyell Street and Whitney Street by the alleyadjacent property owners. When the current and future undergrounding projects are complete, the entire alley between Lyell Street and Whitney Street will have been undergrounded at no cost to the City. In addition, we would anticipate that the remainder of the overhead power and communication lines in the alley behind First Republic Bank (including the transformer) would 512
Agenda Item # 14.
be undergrounded by the property owner of 400, 420 and 428 S. San Antonio Road when he redevelops those properties, as he has expressed to the City an interest in doing.

We did not learn that the City had a problem with the adjustment in location of the two utility poles until December 15, 2022. This position was further explained in a February 1, 2023, meeting, at which Public Works told PG&E that what PG&E proposes is contrary to the City's Municipal Code. After that meeting, we sought the input of the City Attorney, who, on March 7, stated as follows:

After thoroughly reviewing Mr. Warmoth's letters and documents he submitted to the City Manager, I believe that the City's Public Works staff had the correct interpretation of the Los Altos Municipal Code (LAMC) and properly stated that the City would reject the permits allowing the relocation of the two utility poles.

The removal of two utility poles and the installation of two new utility poles where there previously were no utility poles is inconsistent with the LAMC. Should you disagree with this position, your client may appeal the decision to the City Council pursuant to LAMC section 1.12.010.

Under Chapters 12.68 and 13.20 of the Municipal Code, we are only required to underground service from the existing overhead power poles to our building. Despite that fact, we voluntarily began the Rule 20 process to additionally underground overhead power and communication lines along the alley in this highly visible area of Los Altos. PG&E has provided documentation to Public Works that overhead facilities have existed in this location for over 75 years (since at least 1947). Notably, the provisions of Municipal Code section 13.20.160, which, among other things, address relocation of poles, do not apply: "The provisions of this section apply to new extensions of public or private utility distribution facilities for power and communication only and shall not prohibit the maintenance, repair, or alteration of overhead power and communication systems existing on August 24,1965." (Muni. Code, § 13.20.160(K) [emphasis added].) The proposed undergrounding simply needs to be facilitated by alterations to long-existing overhead power and communications systems.

Under all of the Municipal Code requirements, the proposed undergrounding work complies. Indeed, the basic purpose of the City's undergrounding provisions is “to improve and maintain the visual quality and public and private views in the city, as well as to protect and enhance the health and quality of life of its citizens, by reducing hazards along with the visual blight created by overhead utilities." (Muni. Code, § 12.68.010.) That is precisely what is being proposed. The fact that two utility poles will need to be moved does not otherwise constitute a "relocation" or "extension" of existing overhead facilities as described in the Municipal Code. (See Muni. Code, § 12.68.020.) It is simply an adjustment within an existing utility line orientation, by which the long-existing overhead power and communications system will neither be relocated nor extended, in order to facilitate a significant undergrounding of overhead power and communications lines. Municipal Code section 513
Agenda Item # 14.

13.20.160(G) also permits individual pole relocations where required to accommodate the location of underground utilities in the public right-of-way, and that same justification should apply here. Under the language of the Municipal Code, this is very plainly a removal/undergrounding of overhead power and communications lines. Practically, this also is a needed first step in undergrounding all overhead power and communications facilities running from South San Antonio Road to Whitney Street in the alley between 1st Street and 2nd Street.

For reasons that are not altogether clear, the City Attorney disagrees with our position and has told us that we need to file an administrative appeal. We intend to do just that if there is no more efficient way to resolve this matter. Before doing so, however, we are requesting the assistance of the City Council in helping to resolve this matter without the delay imposed by the administrative appeal process. The two projects are important projects that will provide much-needed housing in the City and which, in the course of construction, are proposing to further the City's goals toward undergrounding of a significant amount of overhead power and communications lines at no cost to the City.

Please do not hesitate to contact me if you would like to discuss this matter.

Warm Regards,
Jeff Warmoth
Owner of 425 1st Street
Steve Johnson
Owner of 389 1st Street
514
Agenda Item # 14.

ATTACHMENT 5-F
ATTACHMENT 5-F
515
Agenda Item # 14.

Houston, Jolie
From: Gabriel Engeland <[email protected]>
Sent:

To:

Cc:

Friday, March 17, 2023 2:00 PM
Jeff Warmoth; Administration
Clark Morrison; Houston, Jolie; Jon Maginot; Angel Rodriguez Subject: RE: Administrative Appeal
Attachments: Administrative Appeal (March 16, 2023).pdf Importance: High
ALERT: This email is from an external source.

Thank you for the email, Mr. Warmoth, lamin receipt of your appeal. Please pay the fee of $595.00. Once the fee is received we will schedule an appeal hearing pursuant to the City Code.

Thanks,
Gabe
Latest Los Altos news at your fingertips: Sign up for the City Manager Weekly Update.

Gabriel Engeland
City Manager, City of Los Altos
(650) 947-2740 | www.losaltosca.gov
1 N. San Antonio Road | Los Altos, CA 94022
-----Original Message—
From: Jeff Warmoth <[email protected]>
Sent: Thursday, March 16, 2023 4:14 PM
To: Administration <[email protected]>
Cc: Gabriel Engeland <[email protected]>; Jeff Warmoth <[email protected]>; Clark Morrison <[email protected]>
Subject: Administrative Appeal
Please accept the attached Administrative Appeal.

Please schedule this Administrative Appeal for the next available City Council hearing.

If there is a filing fee required, please provide the amount of the fee and the best way to pay such fee.

Please confirm receipt of the attached Administrative Appeal by return email.

Warm regards,
1 516
Agenda Item # 14.

Jeff Warmoth
(650) 400-6293
2 517
Agenda Item # 14.

CITY OF LOS ALTOS APPEAL FORM
1 North San Antonio Road, Los Altos, CA 94022; (650) 947-2700 NOTE TO APPLICANT:

Please attach any supplemental documents to this form as part of your appeal.

Type of Appeal:
■ Appeal of Administrative Determination Fees - Please Refer to Master Fee Schedule:
https://www.losaltosca.gov/communitvdevel
opment/page/forms-and-handouts-0
0 Appeal of Development Review Commission
Decision
Appeal of Planning Commission Decision
Appellant Contact Information:

Name: Je<( Warmoth Telephone Number: (650)400-6293
Mailing Address: PQ Box Santa Barbara, CA93102
Email Address [email protected]
Signature: I _________
Project Information (about the project for which the appeal is being submitted):

Planning Commission/DRC Meeting Date: __ __________
Administrative Determination Date: March 7,2023 _
Planning Division File #:

Property Address: 389 and 425 1st Street, Los Altos _
Assessor’s Parcel Number: 167~41 -066 and 167-41 -Qi9 (Can be found on staff report) Reason for Appeal / Explanation ofError or Abuse of Discretion.

Please describe the alleged error or abuse, or how the decision is not supported by substantial evidence in the record. Please identify ifthis appeal will be under Chapter 1.12 ofthe Municipal Code (Appeal Ordinance) or an appeal under Section 14.76.100 ofthe Municipal Code (Design Review Appeal). Attach additional pages if necessary.

Please see attached
The Los Altos Planning Department Counter is open Monday - Friday (closed alternate Fridays)
From 7:30 p.m.- 5:00 p.m.

Telephone: (650) 947-2700
If you need assistance from the City Clerk’s office, please call 650-947-2610.

Los Altos Planning Division Appeal Form P.1
Revised 7/20
518
Agenda Item # 14.

Appeal of City Attorney Determination Regarding Proposed Utility Undergrounding Reason for Appeal / Explanation of Error or Abuse of Discretion We are the owners ofthe properties located at 389 and 425 1st Street in the City ofLos Altos. Both properties currently are under construction and are scheduled to be completed in May 2023. Upon completion, the two projects would provide 30 much-needed housing units in the City, four of which will be affordable. For years, these two projects have been designed to PG&E’s plan for utility undergrounding, which (in addition to undergrounding the new services to the two new buildings themselves) would underground over 325 feet of overhead power and communications lines located along the alley that runs behind the buildings between 1st Street and 2nd Street. This undergrounding would be done at no cost to the City and would result in a significant undergrounding oflines in a highly visible downtown area. It also is the first step in eventually undergrounding the entirety ofthe alley running from Lyell Street to Whitney Street, Only recently, Public Works and the City Attorney have taken the position that the proposed undergrounding, which would require an adjustment to the location oftwo existing utility poles in the alley, is inconsistent with the Los Altos Municipal Code. This interpretation, however, is contrary to the language and basic purpose ofthe Municipal Code’s undergrounding provisions and, if allowed to stand, not only would result in significant delay in completion of the two residential projects but also the only alternative would be to revise PG&E’s plans to have no undergrounding (other than to the new buildings themselves, as required).

By way of background, the City’s undergrounding provisions are in Municipal Code chapter 12.68 (“Undergrounding Utilities”) and Municipal Code section 13.20.160 (“Utilities”).

Under the City’s requirements, our two projects only are required to underground service from the existing overhead utility poles to our two newly constructed buildings. In addition to this work, however, we also voluntarily began the Rule 20 process with PG&E to underground over 325 feet of overhead utility lines that also run along the alley in this highly visible area ofLos Altos and across Lyell Street. We originally submitted the PG&E-approved Rule 20 plans to the City on November 11, 2021. PG&E had submitted the plans sometime prior to that date.

The proposed work, including the two utility poles to be moved, has always been shown on the submitted plans. To facilitate the undergrounding ofthe over 325 feet of overhead power and communication lines, the two poles would need to be moved as follows: (i) the pole currently behind 389 1st Street would be moved about 20+/- feet north; and (ii) the pole currently behind 425 1st Street would be moved across Lyell Street (to the east) next to another existing pole with a transformer on it, in the alley behind First Republic Bank. Both utility poles would remain within a public utility easement that has existed for at least 75 years in this location.

PG&E’s safety rules will not allow for termination ofthe undergrounding to the pole that already is behind First Republic Bank due to the transformer being there.

Once PG&E’s utility undergrounding is complete, it will set the stage for the future undergrounding ofthe rest ofthe alley between Lyell Street and Whitney Street by the alleyadjacent property owners. When the current and future undergrounding projects are complete, the entire alley between Lyell Street and Whitney Street will have been undergrounded at no cost to the City. We also anticipate that the remainder ofthe overhead utility lines currently located in 519
Agenda Item # 14.
the alley behind First Republic Bank (including the transformer) would be undergrounded by the property owner of 400, 420 and 428 S. San Antonio Road when he ultimately redevelops those properties, as he has expressed to the City an interest in doing, In short, the work now proposed is an important first step toward what could be an even more significant future undergrounding.

We did not learn that the City had a problem with the adjustment in location ofthe two utility poles until December 15,2022. This position was further explained in a February 1, 2023, meeting, at which Public Works told PG&E that the proposed undergrounding is contrary to the Municipal Code, After that meeting, we sought out the input ofthe City Manager and, then, the City Attorney, On March 7, the City Attorney stated to us as follows:

After thoroughly reviewing Mr. Warmoth *.v letters and documents he submitted to the City Manager, I believe that the City’s Public Worksstaffhad the correct interpretation ofthe LosAltosMunicipal Code (LAMC) and properly stated that the City would reject the permits allowing the relocation ofthe two utilitypoles. The removal oftwo utilitypolesand the installation oftwo new utilitypoles where there previously were no utilitypoles isinconsistent with the LAMC.

Should you disagree with this position, your client may appeal the decision to the City Councilpursuant to LAMC section 1.12.010.

Pursuant to the City Attorney’s direction, we have filed this appeal to the City Council pursuant to Municipal Code section 1.12.010, which broadly allows for appeals of decisions or determinations by City officials where such action involves exercise of administrative discretion or personal judgment under any ofthe provisions ofthe Municipal Code. This appeal was timely filed within 15 days ofthe City Attorney’s March 7,2023, e-mail. (Muni, Code, § 1.12,030.) For at least three reasons, the proposed work is consistent with the City’s undergrounding provisions. First, the language likely being relied upon by Public Works and the City Attorney should not apply in the first instance. Municipal Code section 13.20.160, which addresses the relocation ofpoles, states: “The provisions ofthis section apply to new extensions of public or private utility distribution facilities for power and communication only and shall notprohibit the maintenance, repair, or alteration ofoverhead power and communication systems existing on August 24, 1965" (Muni, Code, § 13.20.160(K) [emphasis added],) PG&E has provided documentation to Public Works that overhead facilities have existed in this location for over 75 years (since at least 1947), well before August 24, 1965. The work now proposed would at most be an alteration oflong-existing overhead lines, within a long-existing public utility easement, which alteration is required to now underground the lines, consistent with City goals. Nor does the proposed work otherwise constitute a “new extension” of utility distribution facilities.

Second, even ifthe undergrounding requirements could apply, the work complies with such requirements. Indeed, the basic purpose ofthe City’s undergrounding provisions is “to improve and maintain the visual quality andpublic andprivate views in the city, as well as to protect and enhance the health and quality oflife ofits citizens, by reducing hazards along with the visual blight created by overhead utilities." (Muni. Code, § 12,68.010 [emphasis added].) That is precisely what is proposed—a significant section of overhead lines would be 520
Agenda Item # 14.
undergrounded and would facilitate further undergrounding in the future. While Municipal Code section 12.68.020 generally prohibits “relocations and extensions of existing overhead facilities” (which we presume is the language Public Works and the City Attorney are relying on), the fact that two poles would be moved to accommodate the undergrounding is neither a “relocation” nor an “extension” of overhead facilities. It simply is an adjustment of poles within an existing utility line orientation, to facilitate a significant undergrounding. The work would not “extend” existing overhead facilities; it simply would underground a portion oflines within an existing corridor. Nor would it “relocate” overhead facilities; the lines would remain within the existing public utility easement, along the same orientation, with the poles only being moved to allow a longer run ofundergrounding than otherwise would be possible given the existing site conditions. The work also plainly furthers City goals toward undergrounding.

Third, even if undergrounding requirements could apply and the language prohibiting “relocations and extensions of existing overhead facilities” was triggered, relocation ofthe poles still would be permitted under Municipal Code section 13.20,160(G), which allows for individual pole relocations (when they do not constitute an extension or reconstruction) where “required to accommodate the location of.,. other overhead or underground utilities in the public right-of-way.” (See also Muni, Code, § 12.68.020(B) [refencing section 13.20.160(G)].) Here, the two poles would be moved to, among other things, accommodate the undergrounding oflines under Lyell Street, a public right-of-way, and eliminate overhead lines currently above that portion of Lyell Street, resulting in an aesthetic upgrade. Again, this is the type of outcome envisioned in the undergrounding requirements and is consistent with the stated purpose.

For each ofthe above reasons, we therefore ask the City Council to direct staffto allow the proposed Rule 20 undergrounding reflected in the submitted plans and to issue all needed approvals for such work to occur. The work would underground a considerable portion ofline in furtherance ofthe City’s undergrounding goals (at no cost to the City), would be consistent with City requirements, and would facilitate the further undergrounding oflines in the future.

It also would be done in the context of a project supplying much-needed housing in the City. 521
Agenda Item # 14.

From: Hamza, Muhammad [email protected]
Subject: RE; History of OVERHEAD POWER - Alley between 1st and 2nd, between Whitney and Lyell Date: February 22,2023 at 3:53 PM
To: Jeff Warmoth [email protected]
Cc: Sonny Antonio s,antonlo@sunshinedesignllc,net, Hamza, Muhammad [email protected] Classification: Public
Good afternoon Jeff,
Records team was able to retrieve the intended document and it has been emailed to Jim Sandoval and Victor Chen from City of Los Altos. Based on the As-built that were provided to the city, it confirms that a section of the OH infrastructure was installed in 1940's, Attached pdf shows the sketch of the alley and I’ve highlighted some of the relevant data on it.

This document should be sufficient in addressing city's ask and our permit should be approved!
Best Regards,
Hamza
®408.442.29S3 (Mobile) Muhammad.Hamza@pqe,com
K
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R fW/rfc Ctsmfrmy
From: Jeff Warmoth <[email protected]>
Sent: Friday, February 17, 2023 4:58 PM
To: Hamza, Muhammad <[email protected]>
Cc: Sonny Antonio <[email protected]>
Subject: Re: History of OVERHEAD POWER - Alley between 1st and 2nd, between Whitney and Lyell
CAUTION: EXTERNAL SENDER!
This email was sent from an EXTERNAL source. Do you know this person? Are you expecting this email? Are you expecting any links or attachments? if suspicious, do not click links, open attachments, or provide credentials. Don't delete it. Report it by using the "Report Phish" button.

Would there be any service records for how PG&E serviced the adjacent buildings that were constructed in 1951?
Jeff Warmoth
(650) 400-6293
On Feb 17, 2023, at 4:39 PM, Hamza, Muhammad <[email protected]> X . ....- i. ,
522
Agenda Item # 14.
523
Agenda Item # 14.
524
Agenda Item # 14.

Reviewed By:

City Manager City Attorney
JM
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: March 14, 2023
Subject AB 481 Military Equipment Use Annual Report: Review and renew Ordinance No. 2023-489 by introducing and waiving further reading of Ordinance No. 2023-489 approving Los Altos Police Policy 709 pertaining to the funding, acquisition, and use of military equipment as mandated by Assembly Bill 481 (K. Krauss)
Prepared by: Katie Krauss, Captain
Reviewed by: Angela Averiett, Chief of Police
Approved by: Jon Maginot, Assistant City Manager
Attachment(s):

1. AB 481 Annual Report 2022

2. Military Equipment Inventory

3. Los Altos Police Policy 709

4. AB 481 Full Text

5. Ordinance
Initiated by:

Police Department, per requirements of Assembly Bill 481 Previous Council Consideration:

September 20, 2022
Fiscal Impact:

There is no fiscal impact to the General Fund.

Environmental Review:

This Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to environment, directly or indirectly).
525
Agenda Item # 15.

Subject: AB 481 Military Equipment Use Annual Report
3/14/23 Page 2
Policy Question(s) for Council Consideration:

1. Does the Council wish to review and renew Ordinance No. 2023-489 by introducing and waiving further reading of Ordinance No. 2023-489 approving Los Altos Police Policy 709 pertaining to the funding, acquisition, and use of military equipment as mandated by Assembly Bill 481?

2. Does the Council wish to approve the acquisition of the replacement items of military equipment listed in the Annual Report?

3. Does the Council wish to approve the acquisition of the new items of military equipment listed in the Annual Report?
Summary:
 California Assembly Bill 481 requires the Los Altos Police Department to report annually on the inventory, procurement, use and misuse of covered military equipment items. The Annual Report also includes a description of new military equipment the police department seeks City Council approval for acquisition and funding for.  Within a year of the initial approval, and at least annually thereafter, the City Council will review this ordinance and related resolutions. The City Council may, by resolution, make amendments, modifications or revisions to the military equipment use policy adopted by the Los Altos Police Department. The ordinance must be reviewed and renewed annually.

Staff Recommendation:
 Staff recommends review and renew Ordinance No. 2023-489 by introducing and waiving further reading of Ordinance No. 2023-489 approving Los Altos Police Policy 709 pertaining to the funding, acquisition, and use of military equipment as mandated by Assembly Bill 481
 Staff recommends Council approve the acquisition of the replacement items of military equipment listed in the Annual Report
 Staff recommends Council approve the acquisition of the new items of military equipment listed in the Annual Report
Purpose
To review and renew Ordinance No. 2023-489 by introducing and waiving further reading of Ordinance No. 2023-489 approving Los Altos Police Policy 709 pertaining to the funding, acquisition, and use of military equipment as mandated by Assembly Bill 481. 526
Agenda Item # 15.

Subject: AB 481 Military Equipment Use Annual Report
3/14/23 Page 3
Background
On September 30, 2021, Governor Newsom signed a series of eight (8) policing reform legislation aimed at increasing transparency of peace officer misconduct records and creates a system to decertify peace officers for serious misconduct, improving policing responsibility and accountability guidelines, raising eligibility standards, banning harmful restraint techniques, and creates a public forum for the funding, acquisition and use of military equipment. Assembly Bill 481 (AB 481) was authored by Assemblymember David Chiu (D-San Francisco) to address the funding, acquisition and use of military equipment.

California Government Section 7071 requires a law enforcement agency’s military equipment policy, which includes the type of equipment the department may acquire and use, to be approved by the governing body. “Military equipment” is not related to whether or not the equipment was acquired through military sources. The Los Altos Police Department does not possess any equipment specifically designed for military use, nor has the department acquired any equipment through a military surplus program, commonly known as the 1033 Program. Our “military equipment” is included in the attached policy under inventory, and includes items such as patrol rifles, several less lethal force options, and training flash bangs utilized as diversionary devices by our SWAT team.

As part of the approval process outlined in Assembly Bill 481, the proposed military equipment policy was made available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The police department also hosted a community meeting to discuss AB 481 on May 12th, 2022. The Military Equipment Use Policy was presented to Council on September 20, 2022 and was approved with minor amendments. The Annual Report, a requirement of AB 481, was presented to citizens at a Town Hall meeting on February 8, 2023.

Discussion/Analysis
California Assembly Bill 481, signed into law on September 30, 2021, requires police agencies to obtain City Council approval by the adoption of a military equipment use policy prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the legislature. The bill requires an annual report to the governing board regarding the military equipment. If an agency wishes to acquire additional equipment that is defined as military equipment, they must receive Council approval. The policy/ordinance governing military equipment use must be reviewed and renewed annually. 527
Agenda Item # 15.

Subject: AB 481 Military Equipment Use Annual Report
3/14/23 Page 4
Recommendation
Staff recommends Council review and renew Ordinance No. 2023-489 by introducing and waiving further reading of Ordinance No. 2023-489 approving Los Altos Police Policy 709 pertaining to the funding, acquisition, and use of military equipment as mandated by Assembly Bill 481. Staff also recommends Council approve the acquisition of the replacement items of military equipment listed in the Annual Report. Staff further recommends Council approve the acquisition of the new items of military equipment listed in the Annual Report. 528
Agenda Item # 15.

AB 481 Annual Report 2022
Captain Katie Krauss
Los Altos Police Department
Submitted March 14, 2023
529
Agenda Item # 15.

Military Equipment Use AB 481 Compliance Requirements:
 Approval of the Military Use Policy (Completed 2022, Policy 709)  Publishing the Policy (Completed 2022)
 Annual Report (see below)
Annual Report Description:

Assembly Bill 481 requires the police department report annually on the inventory, procurement, use and misuse of covered military equipment items. The annual report also includes a description of new military equipment the police department seeks City Council approval for acquisition and funding.

Per AB 481, the annual report must include the following:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

LAMC 7.30.010. Military equipment policy (Reviewed 9/20/22) As required by AB 481, the City Council reviewed this section as an ordinance to approve a military equipment use policy. The City Council's approval shall remain effective for a period of one year, which approval may be revoked, extended, renewed, modified or amended by resolution of the City Council. Within a year of the initial approval, and at least annually thereafter, the City Council will review this section and related resolutions. The City Council may, by resolution, make amendments, modifications or revisions to the military equipment use policy adopted by the Los Altos Police Department. The ordinance must be reviewed and renewed annually.
530
Agenda Item # 15.

A. The City Council has made the following determinations:

1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy (“Policy”) will safeguard the public’s welfare, safety, civil rights and civil liberties (said Policy is attached hereto as Exhibit “A” and incorporated by this reference).

3. The equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any).

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Equipment Usage for 2022:

None of the equipment in the attached military equipment inventory was utilized in 2022, except in training situations including range and SWAT.

Summary of Complaints for 2022:

The Department did not receive any complaints concerning military equipment in 2022.

Violations of Policy 709:

An internal review revealed no violations of Policy 709, as none of the equipment was utilized in 2022 except in training situations.

Total Annual Cost for Military Equipment:

The estimated annual cost for the maintenance of the military equipment in the current inventory is $4,800. This includes the cost of replacement parts, cleaning supplies, and the staff time to conduct inspections on the equipment.
531
Agenda Item # 15.

Replacement Military Equipment Inventory List:

1. 40mm Launchers (Item #1 on current inventory list)
DESCRIPTION: PENN ARMS 40mm single shot launcher is a tactical single shot launcher that features a collapsible stock. It will fire standard 40mm less lethal ammunition, up to 6.0 inches in cartridge length. 40mm launchers are capable of firing a variety of munitions with maximum effective range of one hundred twenty (120) feet.

TOTAL PURCHASE COST: $19,751.08, or $1,975.11 each, Quantity 10. The proposal would be to purchase these additional launchers to replace the less lethal shotguns for patrol. We would remove the less lethal shotguns for patrol and use that credit from the shotguns to help purchase the additional 40mm launchers. We currently have three 40mm launchers in our approved inventory.

Increase our munition rounds from 14 to 150 rounds. These rounds will be divided up for each launcher for patrol and remaining rounds for the regional SWAT team with Mountain View Police Department.

2. Rifles for SWAT (Item #3 on Current Inventory List)
Proposed Weapon system to replace current rifles for SWAT: Daniel Defense V7s AR-15/M4,

5.56mm/.223 semiautomatic rifle. Quantity: 5
Currently six Colt AR15/M4 rifles are assigned to the SWAT team which have a fully automatic capability. These rifles are 18 to 20 years old and need to be replaced based on lifespan. (See section 3(d) under Inventory). We would like to turn in these rifles as credit and replace them with the rifle listed above, which are semi-automatic.

DESCRIPTION: Daniel Defense V7s rifles. These rifles will be assigned to a SWAT team member to be utilize for SWAT operations, training, and patrol. They offer a higher degree of accuracy at long distance. The ammunition used in rifles are also more effective at penetrating body armor (as some suspects have worn during high-profile shooting events in the country).

They are normally kept secured in patrol vehicles, SWAT multi-use truck, or in the Police station and are only deployed on specific incidents where Officers believe guns or weapons are involved.

TOTAL REPLACEMENT COST: is $15,832.24 for 5 rifles, or $3,166.45 each rifle (based on current quote but could vary depending on time of purchase). We would apply any credit we would receive to this purchase for the rifles we are replacing. 532
Agenda Item # 15.

PURPOSE: To be used as precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

AUTHORIZED USE: Members may deploy the rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed subjective to the Legal and Procedural Rules found below. Situations for the use of these weapon systems may include, but are not limited to the following:
- Situations where the member reasonably anticipates an armed encounter - When a member is faced with a situation that may require accurate and effective fire at long range
- Situations where a member reasonably believes that there may be need to meet or exceed a suspect’s fire power
- When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage
- When a member reasonably believes that a suspect may be wearing body armor - When authorized or requested by a supervisor
- When needed to euthanize an animal
- When an Officer is training at an approved range or other approved facility - Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary reasonable, and proportional use of this weapon system.

LIFESPAN:
- Daniel Defense V7s AR-15/M4: Approximately 15-20 years - 223 Caliber or 5.56mm rifle ammunition: No expiration TRAINING: Officers must successfully complete a 24- hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Firearm Instructors attend a 40-hour POST-approved rifle instructor class, and SWAT personnel must attend an 80-hour basic SWAT Team course.

FISCAL IMPACT: Annual Maintenance is approximately $100 per rifle LEGAL AND PROCEDURAL RULES: Use of patrol rifles and ammunition are subject to the requirements of POLICY 300 (USE OF FORCE), Policy 312.3.2(PATROL RIFLES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding use of force.

3. Sniper Rifles for SWAT (Item #4 on Current Inventory List) 533
Agenda Item # 15.

Proposed Weapon system to replace current sniper rifles for SWAT: Make/Model - LWRC REPR MKII 7.62 NATO, .308 caliber sniper rifle. Quantity: 2 Currently we have two Remington 700 and one surveyed Heckler and Koch HK-91 sniper rifles (.308 caliber). These rifles are 15 years old and need to be replaced. Lifespan is 16 years as specified (4(d)).

DESCRIPTION: The sniper rifles can fire a .308 caliber bullet. This rifle may only be used by a SWAT Officer trained and certified to be a sniper (LAPD currently has two such Officers) and may be deployed to assist the SWAT team in a critical incident or emergency.

TOTAL REPLACEMENT COST: is $13,621.94, or $6,810.70 each (based on current quote but could vary depending on time of purchase). We would apply any credit we would receive to this purchase for the two Remington rifles. The HK-91 is a surveyed weapon and will be sent to be destroyed with approval of its replacement.

PURPOSE: This rifle may only be used by a SWAT Officer trained and certified to be a sniper and may be deployed to assist the SWAT team in a critical incident or emergency. The main use of this weapon is for observation of an incident and to be able to accurately and immediately be able to stop a threat to life.

AUTHORIZED USE: Subject to Legal and Procedural Rules listed below, examples of situations for deploying the sniper rifle may include, but are not limited to the following:
- Where the Officer reasonably anticipates an armed encounter - When the Officer is faced with a situation that may require accurate and effective fire at a long distance
- Where an Officer reasonably believes that there may be a need to fire on a barricaded person or person with a hostage
- When an Officer reasonably believes that a suspect may be wearing body armor - When an Officer is training at an approved range or other approved facility - Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system.

LIFESPAN: .308 Caliber, LWRC REPR MKII 7.62 NATO: Approximately 15 years TRAINING: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST- certified sniper course as well as regular SWAT sniper training and qualifications as required by law and policy.

FISCAL IMPACT: Annual maintenance is approximately $100 per LWRC REPR MKII 7.62 NATO.
534
Agenda Item # 15.

LEGAL AND PROCEDURAL RULES: Use of the sniper rifles and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos, Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), Policy 312 (FIREARMS), and policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

New Proposed Items for the Military Equipment Inventory List

1. Flashbangs: Noise Flash Diversionary Device (NFDD)
EQUIPMENT CAPABILITES: An NFDD, or flashbang, is a device that creates a bright flash or loud sound to temporarily divert the attention of subjects in the immediate area.

PURPOSE/AUTHORIZED USES: Flashbangs are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to seize a moment and create an opportunity to take control of high-risk or dangerous situations. SWAT Operators that have received authorized training shall use Diversionary Devices only under the following:
a. By officers who have been trained in their proper use. b. In hostage and barricaded subject situations.
c. In high risk warrant (search/arrest) services where there may be extreme hazards to officers. d. During other high-risk situations where their use would enhance officer safety. e. During training exercises.

FISCAL IMPACT: No known annual maintenance cost
LEGAL PROCEDURAL RULES: All applicable State, Federal, and local laws governing police use of force. Various LAPD policies on use of force and firearms.

TRAINING REQUIRED: 8-hour flash diversionary devices instructor school PROPOSED ITEMS:
- Flashbangs (Purchase Cost $55.45 each, Quantity 36) Single Bang - Flashbangs (Purchase Cost $168.65 each, Quantity 12) 9 Bang 535
Agenda Item # 15.

2. CHEMICAL AGENTS: Chemical agent munitions can be used as a nonlethal tool to deny a designated area to a suspect, force a suspect to move to a desired area, or to disorient a suspect.

PURPOSE/AUTHORIZED USES: Compel an individual to cease their actions when such munitions present a reasonable option; deny a designated area to a suspect, force a suspect to move to a desired area, or to disorient a suspect. Only officers who have received training from POST certified instructors in the use chemical agents are authorized to use chemical agents. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of the less lethal weapon systems may include, but are not limited to:
a. Self-destructive, dangerous and/or combative individuals. b. Circumstances where a tactical advantage can be obtained. c. Potentially vicious animals.
d. Training exercises or approved demonstrations.

FISCAL IMAPCT: No known annual maintenance cost
LEGAL/PROCEDURAL RULES: All applicable State, Federal, and local laws governing police use of force. Various LAPD Policies on use of force and firearms.

TRAINING REQUIRED: 40-hour chemical agent instructor course PROPOSED ITEMS:
 OC Grenades (Purchase Cost $52.10 each, quantity 5): The Defense Technology OC Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor-use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic, yet requires minimal decontamination.

Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder or liquid devices is not practical or desired.
 CTS 5230B Baffled CS chemical agent canister munition (purchase cost $52.25 each, quantity 15): Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.  CTS 5230 CS Chemical agent canister munition (Purchase price $39.70 each, quantity 10): Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard. Can be hand thrown or launched
536
Agenda Item # 15.

PROJECTILE LAUNCHER AND MUNITIONS:

3. 12 gauge Shotgun Chemical Munition Launcher: (Purchase Cost $400, Quantity 1) to convert already existing shotgun to Chemical Munition Launcher.

DESCRIPTION: Used to deploy chemical munition (Baffled CS chemical munition) to be used to deny a designated area to a suspect, force a suspect to move to desired area, and to disable or disorient a suspect.

EQUIPMENT CAPABILITIES: Less Lethal systems that use smokeless powder to deliver projectiles from a safe distance
PURPOSE/AUTHORIZED USE: To help deescalate and limit the escalation of conflict where effective without the need for lethal force. Situations for use of the less-lethal weapon systems may include, but are not limited to:
- Self-destructive, dangerous, and/or combative individuals - Circumstances where a tactical advantage can be obtained - Potentially vicious animals
- Training exercises or approved demonstrations
FISCAL IMPACT: No known annual maintenance cost.

LEGAL/PROCEDURAL RULES GOVERNING USE: Use is established under LAPD Policy 308, It is the policy of the LAPD to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal Law, including those regarding the use of force.

TRAINING REQUIRED: 24-hour less lethal instructor course and/or 40-hour chemical instructor course.
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709.9 MILITARY EQUIPMENT INVENTORY
The following constitutes a list and description of qualifying equipment for the Department:

1. 40 MM Launchers and Rounds: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. (a) Description, quantity, capabilities, and purchase cost i. PENN ARMS GL-140-C, 40MM SINGLE SHOT LAUNCHER, cost:
$1,000, quantity: 3. The 40mm Single Launcher is a tactical single shot launcher that features a collapsible stock. It will fire standard 40mm less lethal ammunition, up to 6.0 inches in cartridge length. 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet.
ii. SAGE CONTROL ORDINANCES INC K041 STANDARD ENERGY
IMPACT BATON PROJECTILE, cost: $21.00, quantity: 14. A less lethal 40mm impact baton projectile fired from a single 40mm grenade launcher with a rifled barrel at 51-72 MPS (meters per second). The projectile provides accurate and effective performance when fired from the recommended firing distances of not less than 10 feet and no greater than 75 feet.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use: Subject to subsection (g) below, situations for use of the less lethal weapon systems may include, but are not limited to the following:
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. v. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of less lethal weapon system. (d) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (e) Lifespan:
i. Penn Arms GL-140-C- No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear
ii. K041 Standard Energy Impact Batons-5 years
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(f) Fiscal Impact: Annual maintenance is approximately $100 for each launcher. (g) Legal and Procedural Rules: Use of the 40mm launcher and 40mm baton rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the 40mm only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

2. Less Lethal Shotgun and Rounds: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $950, quantity: 11.

The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of deescalation. The less lethal 12- gauge shotgun is distinguishable by an orange butt stock and fore grip.
ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND 2581, cost: $6, quantity:

90. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS (Combined Tactical Systems) Super-Sock rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-Sock is an aerodynamic projectile.

However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use - Subject to subsection (g) below, situations for use of the less lethal weapon systems may include, but are not limited to the following:
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
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iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. v. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of less lethal weapon system. (d) Lifespan:
i. Remington 970 Less Lethal Shotgun-25 years
ii. Super Sock Round Model 2581: No listed expiration date (e) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (f) Fiscal Impact: Annual maintenance is approximately $100 per shotgun. (g) Legal and Procedural Rules: Use of the less lethal shotgun and Super Sock rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the less lethal shotgun only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

3. 5.56mm Semi-Automatic Rifles and Ammunition: The Colt AR-15/M4 5.56 mm/.223 semiautomatic rifles are used for both patrol and the SWAT Team. (a) Description, quantity, capabilities, and purchase cost i. COLT AR RIFLES, cost: $1200, quantity: 27. These rifles, equipped and locked in each patrol car or police motorcycle, offer a higher degree of accuracy at a longer distance. The ammunition used in rifles are also more effective at penetrating body armor (as some suspects have worn during high-profile shooting events in the country). They are normally kept secured in patrol cars or in the Police station and are only deployed on specific incidents where officers believe guns or weapons are involved. ii. .223 CALIBER or 5.56MM RIFLE AMMUNITION, cost: $280 per case of 500 rounds, quantity: 10,800 rounds. This rifle ammunition used in conjunction with an AR-15 type rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Rifle ammunition fired from AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation. (b) Purpose: To address a threat with more precision and/or greater distances than a handgun, if present and feasible.
(c) Authorized Use - Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may 540
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be needed. Subject to subsection (g) below), situations for use of theseweapon systems may include, but are not limited to the following:
i. Situations where the member reasonably anticipates an armed encounter. ii. When a member is faced with a situation that may require accurate and effective fire at long range.
iii. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
iv. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
v. When a member reasonably believes that a suspect may be wearing body armor.
vi. When authorized or requested by a supervisor.
vii. When needed to euthanize an animal.
viii. When an officer is training at an approved range or other approved facility ix. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. Colt ARRifles: Approximately 15-20 years
ii. 223 Caliber or 5.56mm rifle ammunition: No expiration (e) Training: Officers must successfully complete a 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Firearm Instructors attend a 40-hour POST-approved rifle instructor class, and SWAT personnel must attend an 80-hour basic SWAT Team course. (f) Fiscal Impact: Annual maintenance is approximately $100 per rifle. (g) Legal and Procedural Rules: Use of the patrol rifles and ammunition are subject to the requirements of Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

4. .308 Caliber Remington 700 and Heckler & Koch HK-91 Sniper Rifles and Ammunition: The sniper rifles are capable of firing a.308 caliber bullet. This rifle may only be used by a SWAT Officer trained and certified to be a sniper (LAPD currently has two such officers) and may be deployed to assist the SWAT Team in a critical incident or emergency.
(a) Description, quantity, capabilities, and purchase cost 541
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i. .308 CALIBER REMINGTON 700 AND 700 LTR RIFLE, cost: $1,000, quantity: 2. Remington 700: No cost, surveyed, Remington 700LTR $1,000.
ii. .308 CALIBER HECKLER & KOCH HK-91 RIFLE, cost: No cost, surveyed, , quantity: 1.
iii. .308 AMMUNITION, cost: $1.50 per round, quantity: 3,040 rounds. These nickel-plated bonded soft-point 308/7.62 cartridges from Speer Gold-Dot are resistant to corrosion, capable of expansion from barrels as short as 10", and retain accuracy from a variety of barrels lengths. (b) Purpose: This rifle may only be used by a SWAT Officer trained and certified to be a sniper and may be deployed to assist the SWAT Team in a critical incident or emergency. The main use of this weapon system is for observation of an incident and to be able to accurately and immediately be able to stop a threat to life.
(c) Authorized Use: Subject to subsection (g) below, examples of situations for deploying the sniper rifle may include, but are not limited to the following:
i. where the Officer reasonably anticipates an armed encounter; ii. when the Officer is faced with a situation that may require accurate and effective fire at a long distance;
iii. where an Officer reasonably expects the need to meet or exceed the firearms and ammunition that a suspect is reported or believed to possess; iv. when an Officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage;
v. when an Officer reasonably believes that a suspect may be wearing body armor.
vi. When an officer is training at an approved range or other approved facility vii. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. .308 Caliber Remington 700/700LTR: Approximately 15 years ii. .308 Caliber Heckler & Koch HK-91: Approximately 15 years iii. .308 Ammunition: No expiration
(e) Training: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST-certified sniper course as well as regular SWAT sniper training and qualifications as required by law and policy.
(f) Fiscal Impact: Annual maintenance is approximately $100 per Remington rifle.

The HK is not used.
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(g) Legal and Procedural Rules: Use of the sniper rifles and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos, Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), Policy 312 (FIREARMS), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

5. Benelli M3Super90 12 gauge shotgun and ammunition: This firearm is not currently used by the department and is stored in the armory. The Benelli M3 is a dual-mode (hybrid pump-action and semi-automatic) shotgun The ammunition for the shotgun is 00 Buck and slug rounds.
(a) Description, quantity, capabilities, and purchase cost i. BENELLI M3SUPER90 12 GAUGE SHOTGUN, cost $500, quantity:

1. The Benelli M3 is a combination Pump-Action and Semi-Automatic Shotgun. The shotgun can be chambered for 12 GA shells with a 20 inch barrel.
ii. 00 BUCK AMMUNITION, cost: $1.80 per round, quantity: 600 rounds. A typical 12-gauge, 2 ¾-inch 00 Buckshot shell holds 8 pellets that are 0.33" in diameter. A 3-inch shell most often contains 12 of these same sized pellets.
iii. SLUG AMMUNITION, cost: $1.40 per round, quantity: 100. The Fostertype shotgun slug features exterior rifled grooves which contact the shotgun's bore to give it spin; and, the slug's hollow-point design initiates expansion to augment stopping power.
(b) Purpose: This shotgun is not currently utilized by the department. The only shotguns used by the Department are the less lethal shotguns. The ammunition is purchased solely for recruits in the police academy, where shotgun instruction occurs.
(c) Authorized Use: There is currently no authorized use for the shotgun in our policy.
(d) Lifespan:
i. Benelli M3Super90 12 gauge shotgun: Approximately 15 years ii. OO Buck Ammunition: No expiration
iii. Slug ammunition: No expiration
(e) Training: Officers receive training in shotgun use in the police academy, and have to pass firearm qualifications. There is no further training with the Benelli shotgun or ammunition.
(f) Fiscal Impact: None, the weapon is not utilized. When equipment is being used, yearly maintenance costs are estimated to be $100.
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(g) Legal and Procedural Rules: Use of all firearms fall under the following policies:

Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize firearms only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

6. Remington 870 MCS 12 Gauge Breaching shotgun and breaching rounds: This firearm/ammunition is not currently used by the department and is stored in the SWAT armory.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 MCS 12 GAUGE BREACHING SHOTGUN, cost:
$1,400, quantity: 1. Extremely compact breaching model 12 gauge with a ten inch cylinder bore breaching barrel with parkerized finish, a Knoxx recoil reducing breacher pistol grip stock, and synthetic modular fore-end. ii. 12 GAUGE BREACHING ROUNDS, cost: $5.00 per round, quantity: 25 rounds. The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant.

The is a widely used method to breach door locks or hinges for entry during tactical operations.
(b) Purpose: The breaching shotgun is used to safely gain entry into a structure.

When properly deployed, the TKO breaching round is capable of defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains, and pad locks on both wooden or hollow core doors. Upon impact with the target, the zinc slug disintegrates in to a fine powder eliminating fragmentation. The Explosive Breaching Program, conducted in conjunction with the Mountain View Police Department, was established to provide the joint SWAT Team the ability to quickly create an opening in a wall or window to quickly enter a building for an emergency rescue of hostages. It is reserved for rescue operations only. (c) Authorized Use: Subject to subsection (g) below, this equipment would only be deployed during a SWAT incident, and its use would need specific authorization from the Incident Commander. The equipment may only be used by a "tactical breacher" on the SWAT team. We currently do not have any authorized users at the Department.
(d) Lifespan:
i. Remington 870 MCS 12 Gauge Breaching shotgun: Approximately 15 years
ii. 12-Gauge TKO Breaching Round: Approximately 5 years (e) Training: The training consists of an 80-hour course for a member of the SWAT Team specifically designated as the "breacher." At the conclusion of the course, the breacher must pass a test proctored by CAL/OSHA. The OSHA certification is valid for 5 years. Before the expiration of the certification, the breacher must retake and pass the test.
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(f) Fiscal Impact: None, the weapon is not utilized. When equipment is being used, yearly maintenance costs are estimated to be $100.
(g) Legal and Procedural Rules: Use of the breaching shotgun and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

7. Kaiser Precision Vulcan II Munitions Pole: Telescoping tool utilized by SWAT personnel to safely deliver approved noise/diversionary devices. (a) Description, quantity, capabilities, and purchase cost i. KAISER PRECISION VULCAN II MUNITIONS POLE, cost: $2,000, quantity: 1. The munitions pole is a multi-purpose breaching tool, constructed of lightweight aluminum square tubing used to deploy distraction devices and chemical munitions in order to gain entrance into a building, structure or even a vehicle.
(b) Purpose: The munitions pole is used to safely deploy diversionary devices, chemical munitions, or other objects (cell phones, cameras) during SWAT operations.
(c) Authorized Use: Subject to subsection (g) below, this equipment would be deployed during primarily during a SWAT incident, but could be utilized to gain entry into a residence during other high-risk operations on patrol. (d) Lifespan: Approximately 10 years
(e) Training: Kaiser Precision provided an instructional video for individual and team training.
(f) Fiscal Impact: None, does not require annual maintenance (g) Legal and Procedural Rules: Use of the munitions pole are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

8. CTS Flash-bang Training Kit: The training flash-bangs are built and weigh exactly the same as it's equivalent live Flash-Bang, but have no flash charge. (a) Description, quantity, capabilities, and purchase cost i. CTS FLASH-BANG TRAINING KIT, cost: $964, Quantity 1 kit (comes with 70 reload Training Fuzes, 1 body), current fuze inventory is 25. The training bodies are painted with a bright blue coating, and can be used an unlimited number of times. The M201FB fuze for this system has 10 times the output of a normal M201 fuze and it is threaded with a left hand thread so it can not 545
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be accidentally used in any other munitions. The training devices produce an output of about 120db.
(b) Purpose: Flash-bangs are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to seize a moment and create an opportunity to take control of high-risk or dangerous situations.
(c) Authorized Use: Subject to subsection (g) below, SWAT operators may utilize the training flash-bangs as a training tool to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. Los Altos Police Department does not have any live flash-bangs in the inventory.

Our operators use live flash-bangs while on SWAT events or at training with Mountain View Police Department.
(d) Lifespan: 5 years
(e) Training: These are a training tool. SWAT operators must attend and pass an 80-hour SWAT training class. Flash-bang training is provided by an instructor who has completed an 8-hour noise flash diversionary device course. (f) Fiscal Impact: None, does not require annual maintenance (g) Legal and Procedural Rules: Use of the live flash-bangs are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

9. Specialty Impact Munition (SIM) weapons and ammunition: Simunition® is the pioneer and world leader in providing military, law enforcement and approved range members with the most realistic and non-lethal force-on-force, short range, simulation training system.
(a) Description, quantity, capabilities, and purchase cost i. SIMUNITION GLOCK 17T, cost: $500 each, quantity: 8. The GLOCK Training Pistols were developed with the purpose of enabling realitybased tactical operations training using color marking or plastic projectile ammunition. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
ii. SIM CONVERTED BERETTA 92, cost: $500 each, quantity: 4. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
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iii. HK MP5 CONVERSION KITS, cost: $500 each, quantity 2. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards.
iv. SIMUNITION COLT AR-15 CARBINE RIFLE UPPERS, cost: $1,000 each, quantity: 3. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon.

These easy-to-install kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons.

When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards. v. FX MARKING CARTRIDGES, cost: $350 for 500 rounds, quantity: 3,500 rounds. The reduced-energy, non-lethal cartridges leave a detergentbased, water-soluble color-marking compound. The visible impacts allow accurate assessment of simulated lethality. They feature tactical accuracy up to 25 feet (7.6 meters).
(b) Purpose: Enabling reality-based, force-on-force tactical operations training using color marking or plastic projectile ammunition.
(c) Authorized Use: Subject to subsection (g) below, simunition weapons and marking rounds are non-operational rounds and non-operational weapons systems. These munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force on force training scenarios. These items are used for training purposes for all sworn staff members.
(d) Lifespan:
i. Simunition Glock 17T: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. ii. Sim Converted Beretta: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. iii. HK MP5 Conversion Kits: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
iv. Simunition Colt AR-15 Rifle Uppers: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
v. FX Marking Cartridges: Shelf life five (5) years.
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(e) Training: These are a training tool. Simunition Instructors attend an informative, three-day (24-hour) course designed to provide students with substantial handson experience with Simunition® FX® training ammunition technology, weapons conversion kits, and the Simunition® line of protective equipment. The course provides in-depth, hands-on instruction in scenario-based training program development and training methodology, and gives critical practical experience to students on the best use of Simunition® training products in a highly effective, realistic, extremely safe training program. Sworn staff members are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes.
(f) Fiscal Impact: Annual maintenance cost is approximately $500 for all of the simunition weapons to be inspected and repaired.
(g) Legal and Procedural Rules: Use of the Simunition firearms and marking rounds are subject to the requirements of Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS) while training. It is the policy of the Los Altos Police Department to utilize Simunition equipment only for official law enforcement training purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
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Policy
709
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Published with permission by Los Altos Police Department Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). Assembly Bill 481 (AB 481), signed into law on September 30, 2021, requires law enforcement agencies to create a policy establishing guidelines and requirements for the funding, acquisition, and use of "military equipment" (Government Code § 7070, 7071, and 7072), including requirements to host informational meetings with the public, generate annual "military equipment" use reports, and seek annual approval from their respective governing bodies.

The purpose of this policy is to make sure that safeguards exist, including transparency, governing body oversight, and accountability measures, to ensure the funding, acquisition, and use of "military equipment" is consistent with the provisions set forth by the governing body and as outlined in AB 481. This policy will also provide the public with a transparent view of the "military equipment" utilized by the Los Altos Police Department. The military equipment use policy will safeguard the public's welfare, safety, civil rights and civil liberties. 709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The Los Altos City Council for the adoption of this ordinance and the approval of the annual report
POST - Peace Officer Standards and Training
SWAT - Special Weapons and Tactics
Military equipment – Per AB 481, military equipment includes but is not limited to the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. 549
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(7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Not withstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. 709.2 POLICY
It is the policy of the Los Altos Police Department that members of the department comply with the provisions of Government Code § 7071 with respect to qualifying "military equipment". "Military equipment" should be used by members of the Department who have completed applicable training, including training required by the Commission on Peace Officer Standards and Training (POST). See the Military Equipment Inventory List (section 709.4) for associated "military equipment" training requirements.
"Military equipment", which has been approved for use by the governing body, shall be used in accordance with all other applicable department policies and laws. These policies and laws include, but are not limited to:
• Los Altos Police Department Policy 300 (Use of Force) • Los Altos Police Department Policy 308 (Control Devices and Techniques) • Los Altos Police Department Policy 312 (Firearms)
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• Los Altos Police Department Policy 414 (Hostage and Barricade Incidents) • California Assembly Bill No. 48 (Use of Kinetic Energy Projectiles and Chemical Agents-Assemblies, Protests, and Demonstrations)
• California Penal Code Section 13652 (Use of Kinetic Energy Projectiles and Chemical Agents)
This policy expressly prohibits the use of "military equipment" on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Altos Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit any questions about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.3 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shallensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). 551
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The military equipment policy must be approved by the governing body before the Department engages in any of the following (Government Code § 7071):
(a) Requests military equipment made available pursuant to 10 USC § 2576a. (b) Seeks funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquires military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborates with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Uses any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Solicits or responds to a proposal for, or enters into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquires military equipment through any means not provided above. 709.3.1 EXIGENCY- PROCUREMENT AND USE
Nothing in this policy shall prohibit the procurement or use of controlled equipment when exigent circumstances exist. In rare circumstances, exigent circumstances may occur where the immediate procurement and use of controlled equipment may be necessary to preserve life, prevent physical harm to officers or other persons, prevent the destruction of relevant evidence, prevent the escape of the suspect, or maintain public safety. In the event such an event occurs, the Chief of Police or the authorized designee may authorize the procurement and use of controlled equipment. Any exigent procurement and/or use of controlled equipment will be reported to the governing body, in writing, unless such information is confidential or privileged under local, state or federal law.
709.3.2 MAINTENANCE AND RESUPPLY OF CONTROLLED EQUIPMENT In the event a previously approved supply of controlled equipment falls below the approved quantity, the Department may replenish the supply, as needed, without first obtaining additional approval from the Governing Body.
709.4 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other law enforcement agencies that are providing mutual aid to this jurisdiction or otherwise engaged in law enforcement operations within this jurisdiction should comply with their respective military equipment policies in rendering mutual aid. 552
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709.5 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.6 POLICY COMPLIANCE AND SUBMITTING COMPLAINTS
The Chief of Police or the authorized designee will ensure that all Los Altos Police Department employees comply with this policy. Suspected violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", should be handled in accordance with Los Altos Police Department Policy 340 (Standards of Conduct). Additionally, violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", will be reported to the governing body via the annual Military Equipment Report.

Any member of the community can submit a complaint regarding the use of "military equipment" to any Los Altos Police Department employee or the Independent Intake Official. Complaints can be submitted in any form (e.g., in person, online, telephone, email, etc.). Once a complaint is received, it will be handled in accordance with Los Altos Police Department Policy 340 (Standards of Conduct) and LAPD Policy 1020 (Personnel Complaints). Formal complaints regarding alleged violations of this policy will be handled by an independent investigator.

Complaints may be made directly to the Independent Intake Official (IIO) Stephanie Atigh in one of the following ways:

Online Submission:

Complaint IIO WEBFORM (online)
By Email:

Fill out the appropriate Civilian Complaint Submission form (located online), save it to your computer and email as an attachment to [email protected] By Phone:
(831) 915-4643
Complaints may be made directly to the Los Altos Police Department in one of the following ways (for online options, please visit https://www.losaltosca.gov/police/page/how-are-we-doing-0):

In Person:

Los Altos Police Department
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1 N. San Antonio Road, Los Altos, CA 94022
Online Submission:

Complaint PD WEBFORM
By Email:

Fill out the appropriate Civilian Complaint Submission form (online), save it to your computer and email as an attachment to [email protected] By Phone:
(650) 947-2770
709.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department should hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
709.9 MILITARY EQUIPMENT INVENTORY
See attachment: MILITARY_EQUIPMENT_INVENTORY_709.9.pdf
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709.9 MILITARY EQUIPMENT INVENTORY
The following constitutes a list and description of qualifying equipment for the Department:

1. 40 MM Launchers and Rounds: 40mm Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. (a) Description, quantity, capabilities, and purchase cost i. PENN ARMS GL-140-C, 40MM SINGLE SHOT LAUNCHER, cost:
$1,000, quantity: 3. The 40mm Single Launcher is a tactical single shot launcher that features a collapsible stock. It will fire standard 40mm less lethal ammunition, up to 6.0 inches in cartridge length. 40mm launchers are capable of firing a variety of munitions with a maximum effective range of one hundred twenty (120) feet.
ii. SAGE CONTROL ORDINANCES INC K041 STANDARD ENERGY
IMPACT BATON PROJECTILE, cost: $21.00, quantity: 14. A less lethal 40mm impact baton projectile fired from a single 40mm grenade launcher with a rifled barrel at 51-72 MPS (meters per second). The projectile provides accurate and effective performance when fired from the recommended firing distances of not less than 10 feet and no greater than 75 feet.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use: Subject to subsection (g) below, situations for use of the less lethal weapon systems may include, but are not limited to the following:
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. v. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of less lethal weapon system. (d) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (e) Lifespan:
i. Penn Arms GL-140-C- No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear
ii. K041 Standard Energy Impact Batons-5 years
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(f) Fiscal Impact: Annual maintenance is approximately $100 for each launcher. (g) Legal and Procedural Rules: Use of the 40mm launcher and 40mm baton rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the 40mm only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

2. Less Lethal Shotgun and Rounds: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $950, quantity: 11.

The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of deescalation. The less lethal 12- gauge shotgun is distinguishable by an orange butt stock and fore grip.
ii. 12-GAUGE SUPER-SOCK BEANBAG ROUND 2581, cost: $6, quantity:

90. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). CTS (Combined Tactical Systems) Super-Sock rounds are discharged from a dedicated 12- gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to "unfold" or "stabilize." The Super-Sock is an aerodynamic projectile.

However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
(b) Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
(c) Authorized Use - Subject to subsection (g) below, situations for use of the less lethal weapon systems may include, but are not limited to the following:
i. The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
ii. The suspect has made credible threats to harm him/herself or others. iii. The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers.
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iv. There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. v. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of less lethal weapon system. (d) Lifespan:
i. Remington 970 Less Lethal Shotgun-25 years
ii. Super Sock Round Model 2581: No listed expiration date (e) Training: All personnel who are authorized to carry a control device must be properly trained and certified to carry the specific control device and are retrained or re-certified as necessary. Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (f) Fiscal Impact: Annual maintenance is approximately $100 per shotgun. (g) Legal and Procedural Rules: Use of the less lethal shotgun and Super Sock rounds are subject to the requirements of Policy 300 (USE OF FORCE), 308 (CONTROL DEVICES AND TECHNIQUES), 308.9 (KINETIC ENERGY PROJECTILE GUIDELINES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize the less lethal shotgun only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

3. 5.56mm Semi-Automatic Rifles and Ammunition: The Colt AR-15/M4 5.56 mm/.223 semiautomatic rifles are used for both patrol and the SWAT Team. (a) Description, quantity, capabilities, and purchase cost i. COLT AR RIFLES, cost: $1200, quantity: 27. These rifles, equipped and locked in each patrol car or police motorcycle, offer a higher degree of accuracy at a longer distance. The ammunition used in rifles are also more effective at penetrating body armor (as some suspects have worn during high-profile shooting events in the country). They are normally kept secured in patrol cars or in the Police station and are only deployed on specific incidents where officers believe guns or weapons are involved. ii. .223 CALIBER or 5.56MM RIFLE AMMUNITION, cost: $280 per case of 500 rounds, quantity: 10,800 rounds. This rifle ammunition used in conjunction with an AR-15 type rifle provides officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Rifle ammunition fired from AR-15 rifles offer advantages over handguns, such as increased accuracy potential and the ability to defeat soft body armor but are not appropriate for every situation. (b) Purpose: To address a threat with more precision and/or greater distances than a handgun, if present and feasible.
(c) Authorized Use - Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may 559
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be needed. Subject to subsection (g) below), situations for use of theseweapon systems may include, but are not limited to the following:
i. Situations where the member reasonably anticipates an armed encounter. ii. When a member is faced with a situation that may require accurate and effective fire at long range.
iii. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
iv. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
v. When a member reasonably believes that a suspect may be wearing body armor.
vi. When authorized or requested by a supervisor.
vii. When needed to euthanize an animal.
viii. When an officer is training at an approved range or other approved facility ix. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. Colt ARRifles: Approximately 15-20 years
ii. 223 Caliber or 5.56mm rifle ammunition: No expiration (e) Training: Officers must successfully complete a 24-hour patrol rifle course as well as regular Department firearms training and qualifications as required by law and policy. Firearm Instructors attend a 40-hour POST-approved rifle instructor class, and SWAT personnel must attend an 80-hour basic SWAT Team course. (f) Fiscal Impact: Annual maintenance is approximately $100 per rifle. (g) Legal and Procedural Rules: Use of the patrol rifles and ammunition are subject to the requirements of Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

4. .308 Caliber Remington 700 and Heckler & Koch HK-91 Sniper Rifles and Ammunition: The sniper rifles are capable of firing a.308 caliber bullet. This rifle may only be used by a SWAT Officer trained and certified to be a sniper (LAPD currently has two such officers) and may be deployed to assist the SWAT Team in a critical incident or emergency.
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i. .308 CALIBER REMINGTON 700 AND 700 LTR RIFLE, cost: $1,000, quantity: 2. Remington 700: No cost, surveyed, Remington 700LTR $1,000.
ii. .308 CALIBER HECKLER & KOCH HK-91 RIFLE, cost: No cost, surveyed, , quantity: 1.
iii. .308 AMMUNITION, cost: $1.50 per round, quantity: 3,040 rounds. These nickel-plated bonded soft-point 308/7.62 cartridges from Speer Gold-Dot are resistant to corrosion, capable of expansion from barrels as short as 10", and retain accuracy from a variety of barrels lengths. (b) Purpose: This rifle may only be used by a SWAT Officer trained and certified to be a sniper and may be deployed to assist the SWAT Team in a critical incident or emergency. The main use of this weapon system is for observation of an incident and to be able to accurately and immediately be able to stop a threat to life.
(c) Authorized Use: Subject to subsection (g) below, examples of situations for deploying the sniper rifle may include, but are not limited to the following:
i. where the Officer reasonably anticipates an armed encounter; ii. when the Officer is faced with a situation that may require accurate and effective fire at a long distance;
iii. where an Officer reasonably expects the need to meet or exceed the firearms and ammunition that a suspect is reported or believed to possess; iv. when an Officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage;
v. when an Officer reasonably believes that a suspect may be wearing body armor.
vi. When an officer is training at an approved range or other approved facility vii. Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system. (d) Lifespan:
i. .308 Caliber Remington 700/700LTR: Approximately 15 years ii. .308 Caliber Heckler & Koch HK-91: Approximately 15 years iii. .308 Ammunition: No expiration
(e) Training: In addition to patrol rifle and standard SWAT operator training, SWAT snipers must successfully complete a California POST-certified sniper course as well as regular SWAT sniper training and qualifications as required by law and policy.
(f) Fiscal Impact: Annual maintenance is approximately $100 per Remington rifle.

The HK is not used.
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(g) Legal and Procedural Rules: Use of the sniper rifles and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos, Policy 300 (USE OF FORCE), Policy 312.3.2 (PATROL RIFLES), Policy 312 (FIREARMS), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the Los Altos Police Department to utilize rifles only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

5. Benelli M3Super90 12 gauge shotgun and ammunition: This firearm is not currently used by the department and is stored in the armory. The Benelli M3 is a dual-mode (hybrid pump-action and semi-automatic) shotgun The ammunition for the shotgun is 00 Buck and slug rounds.
(a) Description, quantity, capabilities, and purchase cost i. BENELLI M3SUPER90 12 GAUGE SHOTGUN, cost $500, quantity:

1. The Benelli M3 is a combination Pump-Action and Semi-Automatic Shotgun. The shotgun can be chambered for 12 GA shells with a 20 inch barrel.
ii. 00 BUCK AMMUNITION, cost: $1.80 per round, quantity: 600 rounds. A typical 12-gauge, 2 ¾-inch 00 Buckshot shell holds 8 pellets that are 0.33" in diameter. A 3-inch shell most often contains 12 of these same sized pellets.
iii. SLUG AMMUNITION, cost: $1.40 per round, quantity: 100. The Fostertype shotgun slug features exterior rifled grooves which contact the shotgun's bore to give it spin; and, the slug's hollow-point design initiates expansion to augment stopping power.
(b) Purpose: This shotgun is not currently utilized by the department. The only shotguns used by the Department are the less lethal shotguns. The ammunition is purchased solely for recruits in the police academy, where shotgun instruction occurs.
(c) Authorized Use: There is currently no authorized use for the shotgun in our policy.
(d) Lifespan:
i. Benelli M3Super90 12 gauge shotgun: Approximately 15 years ii. OO Buck Ammunition: No expiration
iii. Slug ammunition: No expiration
(e) Training: Officers receive training in shotgun use in the police academy, and have to pass firearm qualifications. There is no further training with the Benelli shotgun or ammunition.
(f) Fiscal Impact: None, the weapon is not utilized. When equipment is being used, yearly maintenance costs are estimated to be $100.
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(g) Legal and Procedural Rules: Use of all firearms fall under the following policies:

Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS). It is the policy of the Los Altos Police Department to utilize firearms only for official law enforcement purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.

6. Remington 870 MCS 12 Gauge Breaching shotgun and breaching rounds: This firearm/ammunition is not currently used by the department and is stored in the SWAT armory.
(a) Description, quantity, capabilities, and purchase cost i. REMINGTON 870 MCS 12 GAUGE BREACHING SHOTGUN, cost:
$1,400, quantity: 1. Extremely compact breaching model 12 gauge with a ten inch cylinder bore breaching barrel with parkerized finish, a Knoxx recoil reducing breacher pistol grip stock, and synthetic modular fore-end. ii. 12 GAUGE BREACHING ROUNDS, cost: $5.00 per round, quantity: 25 rounds. The 12-Gauge TKO Breaching Round is a 12-Gauge shell loaded with a compressed zinc slug, utilizing smokeless powder as a propellant.

The is a widely used method to breach door locks or hinges for entry during tactical operations.
(b) Purpose: The breaching shotgun is used to safely gain entry into a structure.

When properly deployed, the TKO breaching round is capable of defeating door lock mechanisms, door knobs, hinges, dead bolts, safety chains, and pad locks on both wooden or hollow core doors. Upon impact with the target, the zinc slug disintegrates in to a fine powder eliminating fragmentation. The Explosive Breaching Program, conducted in conjunction with the Mountain View Police Department, was established to provide the joint SWAT Team the ability to quickly create an opening in a wall or window to quickly enter a building for an emergency rescue of hostages. It is reserved for rescue operations only. (c) Authorized Use: Subject to subsection (g) below, this equipment would only be deployed during a SWAT incident, and its use would need specific authorization from the Incident Commander. The equipment may only be used by a "tactical breacher" on the SWAT team. We currently do not have any authorized users at the Department.
(d) Lifespan:
i. Remington 870 MCS 12 Gauge Breaching shotgun: Approximately 15 years
ii. 12-Gauge TKO Breaching Round: Approximately 5 years (e) Training: The training consists of an 80-hour course for a member of the SWAT Team specifically designated as the "breacher." At the conclusion of the course, the breacher must pass a test proctored by CAL/OSHA. The OSHA certification is valid for 5 years. Before the expiration of the certification, the breacher must retake and pass the test.
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(f) Fiscal Impact: None, the weapon is not utilized. When equipment is being used, yearly maintenance costs are estimated to be $100.
(g) Legal and Procedural Rules: Use of the breaching shotgun and ammunition are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

7. Kaiser Precision Vulcan II Munitions Pole: Telescoping tool utilized by SWAT personnel to safely deliver approved noise/diversionary devices. (a) Description, quantity, capabilities, and purchase cost i. KAISER PRECISION VULCAN II MUNITIONS POLE, cost: $2,000, quantity: 1. The munitions pole is a multi-purpose breaching tool, constructed of lightweight aluminum square tubing used to deploy distraction devices and chemical munitions in order to gain entrance into a building, structure or even a vehicle.
(b) Purpose: The munitions pole is used to safely deploy diversionary devices, chemical munitions, or other objects (cell phones, cameras) during SWAT operations.
(c) Authorized Use: Subject to subsection (g) below, this equipment would be deployed during primarily during a SWAT incident, but could be utilized to gain entry into a residence during other high-risk operations on patrol. (d) Lifespan: Approximately 10 years
(e) Training: Kaiser Precision provided an instructional video for individual and team training.
(f) Fiscal Impact: None, does not require annual maintenance (g) Legal and Procedural Rules: Use of the munitions pole are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

8. CTS Flash-bang Training Kit: The training flash-bangs are built and weigh exactly the same as it's equivalent live Flash-Bang, but have no flash charge. (a) Description, quantity, capabilities, and purchase cost i. CTS FLASH-BANG TRAINING KIT, cost: $964, Quantity 1 kit (comes with 70 reload Training Fuzes, 1 body), current fuze inventory is 25. The training bodies are painted with a bright blue coating, and can be used an unlimited number of times. The M201FB fuze for this system has 10 times the output of a normal M201 fuze and it is threaded with a left hand thread so it can not 564
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Copyright Lexipol, LLC 2022/09/23, All Rights Reserved.

Published with permission by Los Altos Police Department MILITARY EQUIPMENT INVENTORY - 9
be accidentally used in any other munitions. The training devices produce an output of about 120db.
(b) Purpose: Flash-bangs are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to seize a moment and create an opportunity to take control of high-risk or dangerous situations.
(c) Authorized Use: Subject to subsection (g) below, SWAT operators may utilize the training flash-bangs as a training tool to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. Los Altos Police Department does not have any live flash-bangs in the inventory.

Our operators use live flash-bangs while on SWAT events or at training with Mountain View Police Department.
(d) Lifespan: 5 years
(e) Training: These are a training tool. SWAT operators must attend and pass an 80-hour SWAT training class. Flash-bang training is provided by an instructor who has completed an 8-hour noise flash diversionary device course. (f) Fiscal Impact: None, does not require annual maintenance (g) Legal and Procedural Rules: Use of the live flash-bangs are subject to the requirements of the SWAT Standard Operating Procedures for Mountain View/Los Altos. Use is also under Policy 317 (HIGH RISK OPERATIONS PROTOCOL), Policy 322 (SEARCH AND SEIZURE), and Policy 414 (HOSTAGE AND BARRICADE INCIDENTS). It is the policy of the LAPD to utilize diversion devices only for official law enforcement purposes and pursuant to State and Federal law regarding the use of force.

9. Specialty Impact Munition (SIM) weapons and ammunition: Simunition® is the pioneer and world leader in providing military, law enforcement and approved range members with the most realistic and non-lethal force-on-force, short range, simulation training system.
(a) Description, quantity, capabilities, and purchase cost i. SIMUNITION GLOCK 17T, cost: $500 each, quantity: 8. The GLOCK Training Pistols were developed with the purpose of enabling realitybased tactical operations training using color marking or plastic projectile ammunition. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
ii. SIM CONVERTED BERETTA 92, cost: $500 each, quantity: 4. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized in a pistol caliber barrel training platform (9mm), SIMs have an effective range of 25 feet.
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Los Altos Police Department Policy Manual

MILITARY EQUIPMENT INVENTORY
Copyright Lexipol, LLC 2022/09/23, All Rights Reserved.

Published with permission by Los Altos Police Department MILITARY EQUIPMENT INVENTORY - 10
iii. HK MP5 CONVERSION KITS, cost: $500 each, quantity 2. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon. These easy-toinstall kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons. When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards.
iv. SIMUNITION COLT AR-15 CARBINE RIFLE UPPERS, cost: $1,000 each, quantity: 3. The Simunition® conversion kit, conversion bolt, bolt carrier assembly and safety-ring insert allow the FX® Marking Cartridges and the SecuriBlank® to be fired safely from the user's own service weapon.

These easy-to-install kits help preclude the inadvertent chambering of live ammunition and ensure the proper operation and cycling of the weapons.

When utilized with a training munition bolt carrier group in a 5.56mm rifle platform, SIMs have an effective range of approximately 27 yards. v. FX MARKING CARTRIDGES, cost: $350 for 500 rounds, quantity: 3,500 rounds. The reduced-energy, non-lethal cartridges leave a detergentbased, water-soluble color-marking compound. The visible impacts allow accurate assessment of simulated lethality. They feature tactical accuracy up to 25 feet (7.6 meters).
(b) Purpose: Enabling reality-based, force-on-force tactical operations training using color marking or plastic projectile ammunition.
(c) Authorized Use: Subject to subsection (g) below, simunition weapons and marking rounds are non-operational rounds and non-operational weapons systems. These munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force on force training scenarios. These items are used for training purposes for all sworn staff members.
(d) Lifespan:
i. Simunition Glock 17T: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. ii. Sim Converted Beretta: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear. iii. HK MP5 Conversion Kits: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
iv. Simunition Colt AR-15 Rifle Uppers: – 24-month limited warranty. No lifespan indicated by manufacturer. Lifespan varies on operational usage and wear.
v. FX Marking Cartridges: Shelf life five (5) years.
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Los Altos Police Department Policy Manual

MILITARY EQUIPMENT INVENTORY
Copyright Lexipol, LLC 2022/09/23, All Rights Reserved.

Published with permission by Los Altos Police Department MILITARY EQUIPMENT INVENTORY - 11
(e) Training: These are a training tool. Simunition Instructors attend an informative, three-day (24-hour) course designed to provide students with substantial handson experience with Simunition® FX® training ammunition technology, weapons conversion kits, and the Simunition® line of protective equipment. The course provides in-depth, hands-on instruction in scenario-based training program development and training methodology, and gives critical practical experience to students on the best use of Simunition® training products in a highly effective, realistic, extremely safe training program. Sworn staff members are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes.
(f) Fiscal Impact: Annual maintenance cost is approximately $500 for all of the simunition weapons to be inspected and repaired.
(g) Legal and Procedural Rules: Use of the Simunition firearms and marking rounds are subject to the requirements of Policy 300 (USE OF FORCE) and Policy 312 (FIREARMS) while training. It is the policy of the Los Altos Police Department to utilize Simunition equipment only for official law enforcement training purposes, in accordance with all requirements under State and Federal law, including those regarding the use of force.
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Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing

92 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
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additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:
(a)  The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b)  The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment.
(c)  Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
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(d)  Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e)  The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a)  “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b)  “Law enforcement agency” means any of the following:
(1)  A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2)  A sheriff’s department.
(3)  A district attorney’s office.
(4)  A county probation department.
(c)  “Military equipment” means the following:
(1)  Unmanned, remotely piloted, powered aerial or ground vehicles. (2)  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3)  High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4)  Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5)  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. (6)  Weaponized aircraft, vessels, or vehicles of any kind. (7)  Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 — 3 — Ch. 406
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or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8)  Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9)  Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10)  Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)  Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12)  “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13)  Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14)  The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15)  Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16)  Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d)  “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1)  A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2)  The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3)  The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4)  The legal and procedural rules that govern each authorized use. (5)  The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6)  The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 Ch. 406 — 4 —
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authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7)  For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e)  “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f)  “Type” means each item that shares the same manufacturer model number.
7071. (a)  (1)  A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D)  Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G)  Acquiring military equipment through any means not provided by this paragraph.
(2)  No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 — 5 — Ch. 406
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the military equipment until it receives the approval of the governing body in accordance with this section.
(b)  In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c)  The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(d)  (1)  The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A)  The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B)  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C)  If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D)  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2)  In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e)  (1)  The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2)  The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 Ch. 406 — 6 —
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to the military equipment use policy in a manner that will resolve the lack of compliance.
(f)  Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs.
7072. (a)  A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1)  A summary of how the military equipment was used and the purpose of its use.
(2)  A summary of any complaints or concerns received concerning the military equipment.
(3)  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4)  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
(5)  The quantity possessed for each type of military equipment. (6)  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b)  Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a)  A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1)  Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2)  Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3)  Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
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(4)  Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5)  Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6)  Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7)  Acquiring military equipment through any means not provided by this subdivision.
(b)  No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c)  A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1)  Publish the military equipment use policy on the agency’s internet website.
(2)  Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would 92 Ch. 406 — 8 —
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result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

O
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Ordinance No. 2023-489 Page 1
ORDINANCE NO. 2023-489

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADDING A NEW CHAPTER 7.30, ENTITLED “MILITARY EQUIPMENT POLICY,” TO THE LOS ALTOS CITY CODE IN COMPLIANCE WITH ASSEMBLY BILL 481 WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (“AB 481”) (creating Government Code, Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the Los Altos Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and
WHEREAS, AB 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written military equipment use policy document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process applicable to the Los Altos Police Department’s use of such equipment; and
WHEREAS, the Policy and supporting information must be approved by the governing body by Ordinance and reviewed annually; and
WHEREAS, the City Council of the City of Los Altos, having received the information required under AB 481 regarding the Los Altos Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

NOW THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT TO CHAPTER 7 OF THE MUNICIPAL CODE. Section

7.30.010 is hereby added to the Los Altos Municipal Code to read as follows:
“7.30.010. Military equipment policy.

A. The City Council has made the following determinations:

1. The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy (“Policy”) will safeguard the public’s welfare, safety, civil rights and civil liberties (said Policy is attached hereto as Exhibit “A” and incorporated by this reference).
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Ordinance No. 2023-489 Page 2

3. The equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any).

4. Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

B. The Policy was considered by the City Council as an agenda item in an open session of regular meeting and noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.

C. The Policy shall be made publicly available on the Los Altos police department’s website for as long as the military equipment is available for use.

D. The Los Altos police department shall submit an annual military equipment report to the city council containing the information required in California Government Code, Section 7072, and the city council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in Paragraphs (a)(1)-(4) above.

E. The City Council shall review this Ordinance and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with California Government Code Section 7071(e)(2).

F. The City Council approves the use of the Policy and finds that it satisfies the requirements of California Government Code Section 7070(d).”
SECTION 2. This Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to environment, directly or indirectly).

SECTION 3. CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 4. PUBLICATION. This Ordinance shall be published as provided in Government Code section 36933.

SECTION 5. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption date.
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Ordinance No. 2023-489 Page 3
The foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on ____________, 2023 and was thereafter, at a regular meeting held on ___________, 2023 passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_______________________
Angel Rodriguez, INTERIM CITY CLERK
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PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
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From: Debra strichartz
To: Public Comment
Subject: MEUP 03-14-23
Date: Monday, March 13, 2023 11:42:14 AM
CC 03-14-23
I am a long time resident of Los Altos and I am concerned with our compliance with (AB) 481 including public participation in the policy review and with proposed requests for additional military equipment.

California Assembly Bill (AB) 481 requires California law enforcement agencies to obtain approval of a Military Equipment Use Policy by their applicable governing body prior to taking certain actions related to the funding, acquisition, or use of military equipment as defined by the legislature.

It also mandates annual review of both usage and acquisition of additional military equipment and annual review of the policy.

The Los Altos PD released their updated MEUP draft and submitted for discussion during the 09/20/22 council meeting.

I am concerned that policy 709.9 draft was not presented to the public for final discussion and review but was posted as final on 2/8/23 with changes.

I am also concerned with the new request for Flashbangs and Chemical Grenades. I have not seen data providing the need for this additional equipment that Los Altos has never had, and I therefore cannot endorse these acquisitions.

Flashbangs are used to distract and temporarily immobilize dangerous suspects by overwhelming their senses of vision and hearing. The distraction gives Officers time to seize a moment and create an opportunity to take control of high-risk or dangerous situations.

OC Grenades (Purchase Cost $52.10 each, quantity 5): The Defense Technology OC Vapor Aerosol Grenade is for law enforcement and corrections used to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor-use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation.

Debra Strichartz
Los Altos
.

Debra Strichartz
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Agenda Item # 15.

From: Jill Woodford
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM #8 - March 14, 2023 Date: Monday, March 13, 2023 11:57:10 AM
Dear Los Altos City Council,
I am writing about City Council Agenda Discussion Item 8. AB 481 Military Equipment Use Annual Report: Review and renew Ordinance No. 2023-489 by introducing and waiving further reading of Ordinance No. 2023-489 approving Los Altos Police Policy 709 pertaining to the funding, acquisition, and use of military equipment as mandated by Assembly Bill 481 (K. Krauss)
Assembly Bill 481 clearly states that Los Altos must hold open public meetings prior to taking action related to their military equipment use policy. Bill 481 also mandates that the governing body annually review and approve not only the equipment list but also the military equipment policy. The proposed annual “review and renew” should be a public discussion plus Council approval. My concern is that the proposed 709.9 military equipment policy must include public input, per the Brown Act Chapter IV.1.C, on any and all changes, and must be approved by Council annually. Given the wording in the Council agenda, it seems, due process is being circumvented.

Furthermore, the Brown Act Chapter IV.1.A requires that all items on the Council agenda must be posted at least 72 hours before a public meeting, yet the Los Altos Police Department Military Equipment Use Policy draft that has been posted does not properly reflect all changes made since approval by Council in September 2022.

There are additions that have not been disclosed to the public via highlight, thereby misleading the public as to the scope and extent of proposed changes. Specifically, 709.3.1 in the agenda draft does not exist in the minutes from the approved edited version dated 09/07/2002 in the September 20, 2022 City Council minutes. 709.3.1 EXIGENCY- PROCUREMENT AND USE
Nothing in this policy shall prohibit the procurement or use of controlled equipment when exigent circumstances exist. In rare circumstances, exigent circumstances may occur where the immediate procurement and use of controlled equipment may be necessary to preserve life, prevent physical harm to officers or other persons, prevent the destruction of relevant evidence, prevent the escape of the suspect, or maintain public safety. In the event such an event occurs, the Chief of Police or the authorized designee may authorize the procurement and use of controlled equipment. Any exigent procurement and/or use of controlled equipment will be reported to the governing body, in writing, unless such information is confidential or privileged under local, state or federal law.
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I am writing to ask that you revise the agenda to include public discussion, post the approved version of Policy 709 from September 2022 and the 2023 proposed version highlighting any changes for full transparency, and change the agenda item summary to reflect compliance with AB481, removing “review and renew” and “waive further reading” and ensuring annual review and approval of the Military Equipment Use policy and Military Equipment List. Military equipment seems extreme for a safe community like Los Altos, and I have concern about any policy that limits or attempts to remove public input from its formation and approval.

Thank you for considering my concerns.

Regards,
Jill Woodford
Sources:

March 14, 2023 City Council Agenda
Discussion Item 8. AB 481 Military Equipment Use Annual Report https://meetings.municode.com/adaHtmlDocument/index?
cc=LOSALTOSCA&me=bbb5a83bd09b4178b9bf3b4d94623fd6&ip=True March 14, 2023 meeting link to proposed Policy 709 Military Equipment https://mccmeetingspublic.blob.core.usgovcloudapi.net/losaltosca-meetbbb5a83bd09b4178b9bf3b4d94623fd6/ITEM-Attachment-001- ac799fc0ad154679adc2bc0afdb9180c.pdf
September 20, 2022 City Council Agenda
Discussion Item 11: AB481 Military Equipment Use Policy https://meetings.municode.com/adaHtmlDocument/index?
cc=LOSALTOSCA&me=a55392285efa4a4d8810b5cebcd8e78d&ip=True September 20, 2022 meeting link to edited Policy 709 Military Equipment https://mccmeetingspublic.blob.core.usgovcloudapi.net/losaltosca-meeta55392285efa4a4d8810b5cebcd8e78d/ITEM-Attachment-002- 836d2451a7864bb3bffbcb7da828c773.pdf
Brown Act
https://oag.ca.gov/system/files/media/the-brown-act.pdf State Assembly Bill 481 -
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https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB481 “This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval.”
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From: Jeanine Valadez
To: Public Comment
Cc: Angel Rodriguez; Kathryn Krauss; Angela Averiett; Gabriel Engeland Subject: PUBLIC COMMENT AGENDA ITEM #8 3/14/2023
Date: Monday, March 13, 2023 12:58:59 PM
Attachments: 2023 03 14 PUBLIC COMMENT AGENDA ITEM 8 J9 edits V.0.docx 2023 03 14 PUBLIC COMMENT AGENDA ITEM 8 J9 edits V.0.pdf Honorable Mayor, Vice-Mayor, and Councilmembers,
(Angel, please post this email and the PDF attachment to the public comment portal. Do not post the Word Document. That is for the councilmembers and staff, should they prefer it.

Thanks!)
This letter comments on the AB481 Annual Report, dated 2023_03_14 and my overarching concerns with the ME 709 currently in the packet, while the attachment is my redline edit of the ME 709 Policy. That redline includes many bracketed commentaries airing either justifications for specific edits or written concerns I have.

AB481 Annual Report Concerns:

1. I and many members of the public were unable to find the ME 709 named in the opening lines of the Annual Report. We were expecting to find the Council-approved ME 709 dated on or about 9/23/2022, which was the date the revisions accepted by Council were approved in the 9/20/2022 Council meeting. But, instead, posted at the website we found a new ME 709 dated 2/8/2023. This document was markedly DIFFERENT from the one approved 9/20/2022. An no edit marks reflected the changes.

2. I scrutinized videos of the 9/20/2022 and the 2/8/2023 PD town hall and could find no PD mention or Council direction for some of those changes. How can this be? This violates the tenets of AB481 for transparent and public purview of proposed changes against prior revisions.

3. The Annual Report pages are unnumbered, so it makes commenting difficult. I will use page number in order: On Page 2, last para, it should be noted that the 9/20/22 revision will not stand for a whole year, but will come for review at this time. When we look back on this report from the future, this distinction will be important..

4. On Page 3, Item 2, it is unclear which version of the ME 709 policy is Exhibit A. Is it the 9/23/2022 version? or the 2/28/23 version? Ii absolutely should be the 9/23/2022 version since that is what the public had the chance to see. The earlier version had no exigency section, for example. My red lines explain these distinctions.
:

5.Equipment Usage for 2022: Is it a forgone conclusion that the training use of ME should not be documented here? Why not? Please explain.

6. Summary of Complaints for 2022: It seems reasonable that concerns received as written public comments be archived within this section? Or is this only for formal written complaints? Because AB481 says “complaints or concerns” (Sec 7072 (a) (2).

7. Violations of Policy 709: Is there no independent oversight to verify the stated findings?:
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8. All of the sections in the asks for replacements or new buys need to be written out in the standard outline format with same headings and subheadings of the inventory list in 709.9. It is very difficult to keep track of these items to verify that all data points are there.

9. 40mm launchers: Do the old 3 remain as is and in use in our armory? If not where do they go? Why change from bean bag shotguns to baton launchers? Are there usage data to support the significant increase in purchase or rounds here?

10. Rifles for SWAT: is there really any usable life remaining in these retired weapons? Aren’t we afraid that low-grade mil equip could make it’s way out to resale market and be dangerous? Why buy 5 rifles if we only have two SWAT officers? Pls itemize projected headcount timing to justify this expense.

11. Why do we need Flashbangs? Where is the MV usage data? Why do we have to pay for flashbangs that are never used here in Los Altos?

12. Chemical Agents: Wow. Why do we need chemical grenades? Where is the use data to support this need? Also, please add this clause to the Authorized uses for these munitions:
"Other situations not listed here may also be deemed authorized use cases under applicable penal code and case law, and shall reflect necessary, reasonable, and proportional use of this weapon system."
Overall, and despite the weight given to less-lethal options, there seems to be a dramatic escalation of weaponry, munitions and violence-based aspects to the armory. The usage data absolutely does not support this escalation. Is this warranted? I cannot see the justification, other than replacing weapons at end of lifespan. And yet, if those weapons are good enough to sell to someone else, why aren't they good enough for us? I worry we are sending bad stuff to less fortunate agencies. Is this equitable? Wise?
Concerns about ME 709 in the Council Mtg Packet::
1) Lack of independent oversight per AB481 sec 7070 (d) (6) requires "(d) “Military equipment use policy” means…a document governing the use…that addresses, at a minimum, all of the following: …(6) The mechanisms to ensure compliance with the …policy, including which independent persons or entities have oversight.”
Under no circumstances are the Chief ,or the City manager, or the Council an independent person or entity due to the reporting structure of our city; therefore, this criterion MUST be added to comply with AB481.
2) There are section-numbering errors. Also, the Annual Report sections that seek replacement and new Military Equipment acquisitions do not follow the standard formatting and paragraph requirements of the main inventory list in 709.9.. 3) Section 709.3.1 (should be 709.4.1) describing acquisition of ME outside specified process as allowable due to "exigency" creates a massive loophole for on-the-ground decisions that acquire ME first and ask for permission later. But importantly, this section was added without public input and without meeting the public oversight requirements of AB481. It magically appeared after the Sept 2022 version was approved by Council and before the upcoming opportunity for the public to review new changes. In fact, the edit was never "blue-lined" as 586
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new!
4) The same thing happened with another section 709.3.2 (should be 709.4.2), though the content of that section was more benign. However, it remains very troubling that our PD would slip in content without going through due public process. 5) There are ambiguities introduced about chain of command in Section 709.4 (should be 709.5) due to contradictions or lack of clarity with the wording of that section compared to the Intergovernmental Agreement between Mountain View and Los Altos PDs for the joint ("Regional") SWAT team..(see redlines for specifics)
6) Members of the public have two ways of submitting complaints in Los Altos: to the Independent Intake Official (who can assure confidentiality) and to the PD directly. Currently, the PD channel is listed first and the IIO channel second. CM Neysa Fligor requested in September of 2022 that these entities be reversed in their ordered listing in the policy and at our website. I agree.

Thank you,
Jeanine Valadez
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Los Altos Police Department
Los Altos Police Department Policy Manual
[2023_03_13]
Military Equipment (PUBLIC COMMENT v.0 JAV)
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). Assembly Bill 481 (AB 481), signed into law on September 30, 2021, requires law enforcement agencies to create a policy establishing guidelines and requirements for the funding, acquisition, and use of "military equipment" (Government Code § 7070, 7071, and 7072), including requirements to host informational meetings with the public, generate annual "military equipment" use reports, and seek annual approval from their respective governing bodies.

The purpose of this policy is to make sure that safeguards exist, including transparency, governing body oversight, independent oversight, [please do not summarily ignore this edit! It is justified and required per AB481 7070 (d) (6): “(d) “Military equipment use policy” means…a document governing the use…that addresses, at a minimum, all of the following: …(6) The mechanisms to ensure compliance with the …policy, including which independent persons or entities have oversight.” Under no circumstances are the Chief, or the Council an independent person or entity due to the reporting structure of our city; therefore, this criterion MUST be added to comply with AB481.] and accountability measures, to ensure the funding, acquisition, and use of "military equipment" is consistent with the provisions set forth by the governing body and as outlined in AB 481. This policy will also provide the public with a transparent view of the "military equipment" utilized by the Los Altos Police Department. The military equipment use policy will safeguard the public's welfare, safety, civil rights and civil liberties. 709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The Los Altos City Council for the adoption of this ordinance and the approval of the annual report
POST - Peace Officer Standards and Training
SWAT - Special Weapons and Tactics
Military equipment – Per AB 481, military equipment includes but is not limited tomeans [wording per AB481] the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a Policy
709
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tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. 589
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(7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. (15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Not withstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. 709.2 POLICY
It is the policy of the Los Altos Police Department that members of the department comply with the provisions of Government Code § 7071 with respect to qualifying "military equipment". "Military equipment" should be used by members of the Department who have completed applicable training, including training required by the Commission on Peace Officer Standards and Training (POST). See the Military Equipment Inventory List (section 709.4) for associated "military equipment" training requirements.
"Military equipment", which has been approved for use by the governing body, shall be used in accordance with all other applicable department policies and laws. These policies and laws include, but are not limited to:
• Los Altos Police Department Policy 300 (Use of Force) • Los Altos Police Department Policy 308 (Control Devices and Techniques) • Los Altos Police Department Policy 312 (Firearms)
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• Los Altos Police Department Policy 414 (Hostage and Barricade Incidents) • California Assembly Bill No. 48 (Use of Kinetic Energy Projectiles and Chemical Agents-Assemblies, Protests, and Demonstrations)
• California Penal Code Section 13652 (Use of Kinetic Energy Projectiles and Chemical Agents)
This policy expressly prohibits the use of "military equipment" on individuals or groups solely based on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Los Altos Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit any questions about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.3 709.4 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing or governing body discussion concerning the military equipment at issue (Government Code § 7071).
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The military equipment policy must be approved by the governing body before the Department engages in any of the following (Government Code § 7071):
(a) Requests military equipment made available pursuant to 10 USC § 2576a. (b) Seeks funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquires military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborates with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Uses any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Solicits or responds to a proposal for, or enters into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquires military equipment through any means not provided above. 709.3.1 709.4.1 EXIGENCY- PROCUREMENT AND USE
Nothing in this policy shall prohibit the procurement or use of controlled equipment when exigent circumstances exist. In rare circumstances, exigent circumstances may occur where the immediate procurement and use of controlled equipment may be necessary to preserve life, prevent physical harm to officers or other persons, prevent the destruction of relevant evidence, prevent the escape of the suspect, or maintain public safety. In the event such an event occurs, the Chief of Police or the authorized designee may authorize the procurement and use of controlled equipment. Any exigent procurement and/or use of controlled equipment will be reported to the governing body, in writing, unless such information is confidential or privileged under local, state or federal law. [where did this section come from? This was NOT in the MEUP approved 2022_09_20! Videos of both the city council meeting of 2022_09_20 and the PD Town Hall of 2023_02_08 were scrutinized and no such mention of this section was vocalized by either Katie Krauss or Chief Averiett. Moreover, no edition was ever posted publicly with highlighting blue-lines signifying the change. Therefore, this section was added without public input and should be removed! This section is a substantive and alarming addition to our policy – it has never been part of our policy. Exigency has been used as an excuse by many bad actors to justify departure from policy. This unpublicized addition is in direct violation of the transparency requirements of AB481.] 709.3.2 709.4.2 MAINTENANCE AND RESUPPLY OF CONTROLLED EQUIPMENT In the event a previously approved supply of controlled equipment falls below the approved quantity due to breakage (weapons) or having been expended (munitions) [want to make sure the reduction in inventory is not because of sale, loan or gifting elsewhere], the Department may replenish the supply, as needed, without first obtaining additional approval from the Governing 592
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Body. [this section was also added without being blue-lined in any edition for public review; when was this section added? In the 2022_09_20 City Council Meeting, at 3:05:16, Capt Krauss verbalizes this but the text was not in her blue-lined document presented to the public. This is an AB481 public-notice compliance problem as well, though we can accept the content as long as the proviso describing the reasons inventory might fall below spec above is accepted (I find it specifically inappropriate to let loss or having been stolen be a good enough reason to replenish absent stock of weapons/munitions.] 709.4 709.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other law enforcement agencies that are providing mutual aid to this jurisdiction or otherwise engaged in law enforcement operations within this jurisdiction should comply with their respective military equipment policies in rendering mutual aid. [There are ambiguities introduced with this section about chain of command and/or governing policy concerning use of ME due to contradictions or lack of clarity with the wording of the Intergovernmental Agreement between Mountain View and Los Altos PD for the joint ("Regional") SWAT team. The wording in this section implies that policies regarding ME use by outside agencies in Los Altos should adhere to their respective remote policies (and therefore chain of command), while the Joint Agreement maintains that the procedures and rules followed shall be those where the mutual aid is rendered. This ambiguity must be resolved before this policy is approved.]
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709.5 709.6 ANNUAL REPORT AND POLICY REVIEW
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should shall also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
709.6 709.7 POLICY COMPLIANCE AND SUBMITTING COMPLAINTS The Chief of Police or the authorized designee will ensure that all Los Altos Police Department employees comply with this policy. Suspected violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", should be handled in accordance with Los Altos Police Department Policy 340 (Standards of Conduct). Additionally, violations of the provisions set forth in this policy, or in other laws or policies governing the use of "military equipment", will be reported to the governing body via the annual Military Equipment Report.

Any member of the community can submit a complaint regarding the use of "military equipment" to the Independent Intake Official or any Los Altos Police Department employee or the Independent Intake Official. [This was CM Fligor’s original request that was only partially carried out.] Complaints can be submitted in any form (e.g., in person, online, telephone, email, etc.). Once a complaint is received, it will be handled in accordance with Los Altos Police Department Policy 340 (Standards of Conduct) and LAPD Policy 1020 (Personnel Complaints). Formal complaints regarding alleged violations of this policy will be handled by an independent investigator whose authority rests outside the Department and Governing Body. [this addition is made in the spirit of trying to add some description and substance to what/who this investigator is; there is little substance to explain this role to the public.]
Complaints may be made directly to the Independent Intake Official (IIO) Stephanie Atigh in one of the following ways:

Online Submission:

Complaint IIO WEBFORM (online)
By Email:

Fill out the appropriate Civilian Complaint Submission form (located online), save it to your computer and email as an attachment to [email protected] By Phone:
(831) 915-4643
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Complaints may be made directly to the Los Altos Police Department in one of the following ways (for online options, please visit https://www.losaltosca.gov/police/page/how-are-we-doing-0):

In Person:

Los Altos Police Department
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1 N. San Antonio Road, Los Altos, CA 94022
Online Submission:

Complaint PD WEBFORM
By Email:

Fill out the appropriate Civilian Complaint Submission form (online), save it to your computer and email as an attachment to [email protected] By Phone:
(650) 947-2770
709.7 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department should shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department General Public should discuss the report and ask questions respond to public questions regarding the funding, acquisition, or use of military equipment. [The modifications written just prior are the proper wording of the relevant section of AB481, Sec 7072 (b). Staff’s wording materially sidesteps the law. And in fact, the PD Townhall on Feb 8, 2023 did not allow public discussion nor offer the public the opportunity to directly ask questions in an open forum. And finally, very little room was allowed for Q&A at all. All these factors caused the public to withhold their input in frustration. Moreover, staff should have posted both the 9/23/2022 and the 2/8/2023 versions of the MEUP 709 policy simultaneously so we could compare the before and after versions. They are clearly different, as has been proven in this review of the policy and some of the differences were never highlighted with edit marks. And finally, even if the 2/8/2023 version of the Policy was posted on 2/8, the accompanying Annual Report was not published until Fri 3/10, giving the public very little time to prepare its review and arguments in favor or against the revisions and new equipment requests. Staff and Council should notice that the body of the policy from 709.1-709.8 are dated 2023/02/08, while the attachment 709.9, the MEUP Inventory List is dated with the council approved 2022/09/23 original date; the dates should be reconciled with the signing of this ordinance. In all, the technical accuracy and the community engagement aspects of this year’s policy have been insufficient and not in accordance with the letter and spirit of AB481] 709.9 MILITARY EQUIPMENT INVENTORY
See attachment: MILITARY_EQUIPMENT_INVENTORY_709.9.pdf
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Agenda Item # 15.

Copyright Lexipol, LLC 2023/02/08, All Rights Reserved.

Published with permission by Los Altos Police Department Attachments - 10
Los Altos Police Department Policy Manual
Attachments
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Los Altos Police Department
Los Altos Police Department Policy Manual

MILITARY EQUIPMENT INVENTORY
Copyright Lexipol, LLC 2022/09/23, All Rights Reserved.

Published with permission by Los Altos Police Department MILITARY EQUIPMENT INVENTORY - 11
Los Altos Police Department Policy Manual
MILITARY_EQUIPMENT_INVENTORY_709.9.pdf
NO EDITS SUGGESTED TO 709.9, SO

DID NOT INCLUDE IN THIS PUBLIC
COMMENT.

Attachment
598
Agenda Item # 15.

From: Cindy Sidaris
To: Public Comment
Cc: Angel Rodriguez; Gabriel Engeland; Angela Averiett; Kathryn Krauss Subject: PUBLIC COMMENT AGENDA ITEM 8 - March 14, 2023
Date: Monday, March 13, 2023 1:10:36 PM
March 13, 2023
To: Los Altos City Council
CC: Gabriel Engeland, City Manager
Police Chief Angela Averiett
Police Captain Kathryn Krauss
Angel Rodriguez, City Staff
Re: Agenda Item 8: “AB 481 Military Equipment Use Annual Report: Review and renew Ordinance No. 2023-489 by introducing and waiving further reading of Ordinance No. 2023- 489 approving Los Altos Police Policy 709 pertaining to the funding, acquisition, and use of military equipment as mandated by Assembly Bill 481 (K. Krauss)” I am very concerned that California’s Assembly Bill 481 law regarding Military Equipment Use by Police (MEUP) is not being properly followed by our Police Department and City staff. I’m urging City Council to NOT “renew Ordinance No. 2023-489 by introducing and waiving further reading of Ordinance No. 2023-489 approving Los Altos Police Policy 709 pertaining to the funding, acquisition, and use of military equipment as mandated by Assembly Bill 481”. I believe Council and the City will be violating AB 481 if the policy is approved without proper advance availability of the draft version of the policy, and with no public comment forum and formal review prior to approval.

How did we get here? On Feb 8, 2023 Chief Averiett and Captain Krauss conducted a Town Hall titled “Public Safety Update Virtual Meeting on February 8, 2023” (video link below). This meeting announcement did not receive the publicity it should have, nor was the title informative enough - topics covered were MEUP and ALPRs. The meeting was announced on the Los Altos PD facebook page; it should have been described in the City Manager Weekly email.

During the Public Safety Update meeting, Captain Krauss conducted the “review” of the MEUP program. She said, "Our [MEUP] policy has been approved and sent to all of our staff. Is also available online; no longer in draft form so you feel free to take a look at that...".

This statement cannot be correct because the City Council has not approved the policy in a public meeting as required by AB 481.
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Agenda Item # 15.

Here are the legal and process problems with what has apparently happened:

1. The Police Dept posted the DRAFT of the 2023 policy (dated 2023/02/08) on the Los Altos PD website around Feb 08 as “approved”. That 2023/02/08 Draft Policy has NOT been approved by the City Council in a public meeting as required by AB 481.

2. There have been changes to the MEUP Policy document (from 2022/09/23 version to the 2023/02/08 version) that are not marked as changes, such as the addition of section 709.3.1. What other changes were made that haven’t been marked as changes? This omission of change tracking has resulted in suspicion and concern. Council should require a fully change-tracked version of the proposed policy for review.

3. The CURRENT approved MEUP Policy, dated 2022/09/23, is no longer available on the Los Altos PD website. It MUST be restored to public access.

4. While the draft Policy (2023/02/08) was apparently available on the LA PD website, it was only made available through the City Council agenda on 3/10/23 - 4 days prior to the 3/14 meeting. This is insufficient time for public review.

5. The availability of the 2023/02/08 version was not adequately announced by the City or PD. A much more rigorous process must be followed to announce new policies so that the public has proper time to access, evaluate and comment.

As to the specific request for replacement and new purchases of military equipment, I ask the Council to fully understand the following:

1. Why the need to go from three (3) PENN ARMS 40mm single shot launchers to 10?

2. Rifles for SWAT - during the Virtual meeting on Public Safety, Captain Krauss stated that the desired 5 Daniel Defense V7s AR-15/M4 will be used for patrol AND SWAT.

Which is it - just SWAT or for all patrol too?

3. The policy specifics around the NEW equipment being sought, ie, the information in the AB 481 Annual Report 2022 (in agenda packet), is not sufficient. The full policy update needs to be reviewed by Council.
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Agenda Item # 15.

I urge you to carefully review the proposed policy and allow public comment and participation in the process as AB481 demands.

Sincerely,
Cindy Sidaris
Los Altos resident
References:

Video of Public Safety Update Virtual Meeting on February 8, 2023 https://www.youtube.com/watch?v=8RYSdzgltV4
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Agenda Item # 15.

From: Toni Moos
To: Public Comment
Cc: Angel Rodriguez; Gabriel Engeland
Subject: 2023_03_14 Public Comment Agenda Item 8, Toni Moos Date: Monday, March 13, 2023 1:19:43 PM
2023_03_14 PUBLIC COMMENT AGENDA ITEM 8 -- Toni Moos
Dear Mayor Meadows, Vice Mayor Weinberg, and Councilmembers, Thank you for taking the time to listen to my concerns.

I am disappointed that the required annual Military Equipment Use Policy review was discussed at the Police Town Hall on February 8th, 2023, instead at a City Council Meeting where it would be posted and therefore more accessible to members of the public for public comment. In the interest of transparency, all changes from the approved September 2022 MEUP should have been noted to allow for public input.

I note, for example, that on today’s Agenda regarding AB 481 Military Equipment Use Annual Report, the staff is "recommending a review and renew Ordinance No. 2023-489 by introducing and waiving further reading of Ordinance No. 2023-489 and approving Los Altos Police Policy 709 pertaining to the funding, acquisition, and use of military equipment.” This does not subscribe to the legal requirements to elicit/allow public input/comments prior to approval.

In terms of the “ask” by the police for 36 Single Band and 12 9-BangFlashbangs, I would like to ask why the police feel that this is needed in our community. Have we ever used them in the past? Are we anticipating riots? I would caution against the approval of unnecessary military equipment.

As noted in the March 6th edition of The Mercury News, “The nation’s largest state, progressive California has also led the nation in procuring military weaponry, despite a host of studies that have shown a link between the size of departments’ armories and their rate of police shootings”, [former Assemblymember David] Chiu said. “David Chiu, D-San Francisco, who authored AB 481, hopes the mindset is changing. He said the main goal of his legislation was to rebuild community trust in local law enforcement by increasing transparency, oversight and, eventually, accountability about how public dollars are being used.”
I ask that the City Council provide sufficient time for the public to be able to review the changes in the MEUP before approving this edited policy and I ask the Los Altos Police Department for reasons to justify their need for the Flashbangs and chemical weapons that are being requested.

Thank you,
Toni Moos
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Agenda Item # 15.

From: Maureen Griffin
To: City Council; Public Comment
Cc: Maureen Griffin
Subject: Military Equipment Usage Policy - Public Comment Agenda Item 8 Date: Monday, March 13, 2023 1:31:32 PM
To the Los Altos City Council Members –
I understand the Military Equipment Usage Policy (MEUP) has been added to the agenda for the Los Altos City Council meeting tomorrow night, Tuesday, 3/14/23, at 7pm.

This email is to address my concerns with this Policy:

1. I understand that Section 709.3.1 was added without public input and without meeting the public oversight requirements of AB481. It appeared after the Sept 2022 version was approved by Council. The edit was never 'blue-lined' as new and the opportunity for public review and discussion of these new changes was not given. Section 709.3.1 describes the acquisition of military equipment outside of the specified process as allowable due to "exigency". Exigency -- a state of affairs that makes urgent demands.

QUESTION: What in the city of Los Altos required exigency? This is an extreme measure to take for our Bay Area city.

I am extremely disappointed this was added without public input and without meeting the public oversight requirement of AB481.

2. Per AB481 sec 7070 (d) (6) A provision of independent oversight is required. This provision is not indicated in the MEUP. The Chief of Police and City Council are not independent entities and an independent auditor must be added to this document.

ASK: an independent auditor must be added to this document.

3. In Section 709.4 there are ambiguities about the chain of command in the Intergovernmental Agreement for the joint regional Special Weapons and Tactics (SWAT) team between Mountain View Police Department and Los Altos Police Department.

ASK: add specific verbiage specifying the chain of command between Mountain View Police Department and Los Altos Police Department.

Thank you.

Maureen Griffin
23 Alma Court, Los Altos
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Agenda Item # 15.
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Agenda Item # 15.

AGENDA REPORT SUMMARY

Prepared By:

Development Services Director
NZ
Meeting Date: March 28, 2023
Subject: Housing Element implementing ordinance for certain provisions of Housing Program 3.H and 3.K of the Adopted 6
th Cycle Housing Element.

Prepared by: Nick Zornes, Development Services Director Reviewed by: Jolie Houston, City Attorney
Jon Maginot, Assistant City Manager
Approved by: Gabe Engeland, City Manager
Attachment(s): 1. Draft City Council Ordinance with Appendix A, B, C, and D

2. CSC Comprehensive Review
Initiated by: Adopted 6th Cycle Housing Element 2023-2031 Program 3.H and 3.K Fiscal Impact
No fiscal impacts to the City of Los Altos are associated with the draft ordinance. However, it is important to note that should the adoption of this ordinance not take place the City of Los Altos runs the risk of losing State funding (grants, etc.), and potential legal fees and penalties associated with housing element noncompliance.

Environmental Review
The proposed ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970.

Staff Recommendation
A. Adopt, An Ordinance of the City Council of the City of Los Altos Amending Chapters

2.08, 12.44, 13.04, 14.76, and 14.78 of the Los Altos Municipal Code to Implement Certain Provisions of Program 3.H and 3.K of the Sixth Cycle Housing Element Update and consider findings that the City Council’s action in adopting the ordinance exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and that none of the circumstances in CEQA Guidelines Section 15300.2 applies. 605
Agenda Item # 16.

Subject: Housing Element implementing ordinance for certain provisions of Housing Program 3.H and 3.K of the Adopted 6th Cycle Housing Element.

March 28, 2023 Page 2
OR
B. Introduce and Waive Further Reading of An Ordinance of the City Council of the City of Los Altos Amending Chapters 2.08, 12.44, 13.04, 14.76, and 14.78 of the Los Altos Municipal Code to Implement Certain Provisions of Program 3.H and 3.K of the Sixth Cycle Housing Element Update with an effectiveness date of January 1, 2024 for multimodal transportation review and consider findings that the City Council’s action in adopting the ordinance exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and that none of the circumstances in CEQA Guidelines Section 15300.2 applies.

Summary and Key Considerations
The draft ordinance before the City Council is to implement adopted programs from the City’s 6th Cycle Housing Element 2023-2031. These actions are called out in the adopted housing element and were designed to remove any barriers or impediments to the creation of new housing within Los Altos. Additionally, there are amendments to the municipal which further clean up each Chapter which is required to be amended in order to implement the housing program.

Background
On January 24, 2023, the Los Altos City Council adopted the City’s 6th Cycle Housing Element 2023-2031. As required by law the adopted housing element has several housing programs contained within. The City of Los Altos identified specific programs in its housing element that will allow it to implement the stated policies and achieve the stated goals and objectives.

Programs must include specific action steps the City will take to implement its policies and achieve its goals and objectives. Programs must also include a specific timeframe for implementation, identify the agencies or officials responsible for implementation, describe the city’s specific role in implementation, and (whenever possible) identify specific, measurable outcomes.

Analysis
The City’s adopted 6th Cycle Housing Element 2023-2031, included Program 3.H. The housing program contains several deliverables of those the following necessitate the proposed 606
Agenda Item # 16.

Subject: Housing Element implementing ordinance for certain provisions of Housing Program 3.H and 3.K of the Adopted 6th Cycle Housing Element.

March 28, 2023 Page 3
ordinance amendments: 1. Consolidation of the Design Review Commission and Planning Commission, 2. Designate the Development Services Director as the review authority for projects of five or fewer residential units, 3. Limit the Number of Public Hearing to no more than three (3) for Design Review projects only, 4. Designate the City Council only as the Appeal Authority for Land Use decisions, 5. Clarify that appeal of decisions on housing developments shall be only on objective standards and must be filed within 14 calendar days (this has been highlighted in yellow below). The draft ordinance included in this agenda packet effectively completes these deliverables as explicitly called out within the housing program.

Program 3.H: Amend design review process and requirements.

The City’s Design Review Commission and Planning Commission had previously been one commission with a Design Review Committee comprised of two assigned Planning Commissioners. In recent years the purview of land use and design review was split into two separate commissions, currently the Planning Commission and Design Review Commission. The current structure of the Design Review Commission is a five-person body appointed by the City Council, while the Planning Commission is a seven-person body.

Recent changes in State law drastically reduced the Design Review Commission’s purview, and the City’s well-developed objective design standards for a variety of development types (adopted in 2021) effectively created an Administrative Design Review that has been well implemented by City staff. In order to remove constraints arising from design review, the City will:
 Consolidate the Design Review Commission and Planning Commission into one body comprised of a maximum of seven appointed residents which will review mixed-use, multi-family and commercial developments, consistent with the majority of jurisdictions throughout the County of Santa Clara;
 Eliminate 3rd party independent architect review (which applies to projects in the downtown);
 Amend its Zoning Code to allow any design review and discretionary approvals for a project of five or fewer units to be approved by the Development Services Director;  When hearings are required, limit the number of hearings for solely design review approval (i.e., not including subdivision maps or other applications that may be involved) to no more than three hearings;
 Develop standard conditions of approval to provide consistency and certainty to applicants and approving bodies;
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Subject: Housing Element implementing ordinance for certain provisions of Housing Program 3.H and 3.K of the Adopted 6th Cycle Housing Element.

March 28, 2023 Page 4
 Modify its design review process and applicability thresholds so that City Council serves only as the decision-making authority for appeal of design review and land use decisions, consistent with the majority of jurisdictions throughout the County of Santa Clara;
 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 14 calendar days post project approval; and
 Amend its Zoning Code to ensure that housing developments and emergency shelters are only subject to objective design standards consistent with State law.

Responsible Body: Development Services Department, Planning Commission, City Council
Funding Source: General Fund
Time Frame: Any code amendments required to be completed by December 2023; Design Review Commission to be dismissed and duties reassigned to Development Services Director upon local adoption of the 6th Cycle Los Altos Housing Element or sooner.

Evaluate progress and take additional action if improvements in the design review process have not resulted by January 2027.

Objective: The time for City review of and action on residential, mixed-use and multifamily developments will be shortened compared to typical processing times (see Appendix C, Table C-8) with the reduction of discretionary reviews and commissions.

Additionally, the City’s adopted 6th Cycle Housing Element 2023-2031, included Program

3.K. The housing program contains one overarching goal of streamlining the development review for multimodal transportation requirements. The proposed zoning ordinance implements the city’s adopted 6th Cycle Housing Element Program 3.K as the adopted program explicitly commits the City of Los Altos that housing developments will no longer undergo review by the Complete Streets Commission.

Program 3.K: Standardize multimodal transportation requirements.

An application for City Council design review is subject to a multimodal transportation review by the Complete Streets Commission as part of the approval process in order to assess potential project impacts to various modes of transportation. The City will streamline the Development Review process for multi-family housing projects by adoption of Development Standards for multimodal transportation such as bicycle, pedestrian, parking traffic and public transportation issues. The development of standards will no longer require housing development projects to be 608
Agenda Item # 16.

Subject: Housing Element implementing ordinance for certain provisions of Housing Program 3.H and 3.K of the Adopted 6th Cycle Housing Element.

March 28, 2023 Page 5
reviewed by the Complete Streets Commission. The City Council will utilize previous recommendations and approvals as a basis for the creation of the development standards in consultation with the appointed Complete Streets Commission. A recommendation by the Complete Streets Commission on Bicycle Stall, Storage and Charging shall be made timely and considered at no more than two hearings; final recommendation to the City Council shall be made no later than May 2023.

Responsible Body: Development Services Department, Complete Streets Commission, City Council
Funding Source: General Fund
Time Frame: December 2023
Objective: See Program 3.H.

Discussion
The actions included within the attached draft ordinance are requirements pursuant to the City’s adopted 6th Cycle Housing Element. Once a jurisdiction takes final action by adopting its housing element this requires immediate action in order to remain compliant with State housing law. The City of Los Altos Housing Element contains 26 major action items or milestones that must be completed within the first 12-months post adoption. The draft ordinance will effectively accomplish the majority of 2 of the 26 items or milestones to be achieved in the first 12-months.

Some of the action items to be completed are quicker than others which is why these items are before the City Council now for adoption. The City of Los Altos does not have a robust or large Planning Division and several of the items to be completed within the first year will take a great amount of time; all items included in the draft ordinance are required to maintain compliance with HCD.

February 28, 2023, City Council Ordinance Introduction
On February 28, 2023, at the City Council public hearing the draft ordinance was introduced. The item was well discussed by the City Council and commented on by the public. The Development Services Director provided extensive analysis of the potential modifications to the draft ordinance and advised the City Council that in order to remain consistent with the recently adopted housing element and compliant with housing law they should introduce the draft ordinance as proposed. 609
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Subject: Housing Element implementing ordinance for certain provisions of Housing Program 3.H and 3.K of the Adopted 6th Cycle Housing Element.

March 28, 2023 Page 6
The City Council requested to modify the draft ordinance to allow for the effectiveness of the multimodal transportation review to begin on January 1, 2024.

Following additional discussion regarding multimodal transportation review the City Council was advised that the Complete Streets Commission does not have purview to review housing developments. The Complete Streets Commission serves as an advisory body appointed by the City Council and does not have quasi-judicial powers and duties as established in the Los Altos Municipal Code Section 2.08.160.

The Complete Street Commission was formed in late 2017 after it concurrently dissolved the Bicycle & Pedestrian Advisory Commission while also restructuring the purview of the Planning & Transportation Commission to only serve as a traditional Planning Commission. At that time the purview of the Complete Streets Commission was established by ordinance and assigned its powers and duties in Chapter 2.08.

In 2019, City Staff initiated a code amendment to clarify the role of the Complete Streets Commission within the Zoning Code as reflected in Section 14.78.090 however did not concurrently amend the powers and duties authorized within the municipal code. This has created an inconsistent municipal and zoning code.

Shortly after the above mentioned amendments were processed by staff, the governor signed into law Senate Bill No. 330 (SB330). In short SB330 does not allow any public agency to enforce a subjective standard, condition or policy on any housing development. In order to be applied equally and fairly to all housing projects a standard must be objective and in place prior to the initial submittal. “Objective” means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official. (Government Code Section 65589.5(h)(8)). As extended by Senate Bill No. 8, all requirements of SB330 are in effect until January 1, 2030, which means that in order for the City of Los Altos to legally enforce requirements against any housing development the city must create objective standards to be equally applied to all projects.

As it remains today the City of Los Altos has very few adopted multimodal transportation standards which have been requested by the Complete Streets Commission at a public hearing.

After review of all 57 meeting agendas of the Complete Streets Commission since the first meeting 610
Agenda Item # 16.

Subject: Housing Element implementing ordinance for certain provisions of Housing Program 3.H and 3.K of the Adopted 6th Cycle Housing Element.

March 28, 2023 Page 7
in January 2018 the commission has reviewed 15 different housing developments; 3 of the 15 were pre-application reviews which would allow the consideration and input of the Complete Streets Commission. After further analysis there is a clear trend of what the commission has “requested” or “recommended” of housing developments which includes: 1. Additional Bike Parking/Storage above the recommended amount by VTA, 2. Provide electrical outlets for e-Bike charging, 3.

Increased Sidewalk Width adjacent to developments, 4. Additional EV Parking. Of the four main requested modifications to housing developments two (2) are being presented to the Complete Streets and Planning Commission on March 16, 2023. Of the remaining two items that are most frequently requested by the commission one (sidewalk widths) would be a modification of standards with the Public Works Department to require in the early design and development phases of a project, while the other (Number of EV Stalls) does not fall under the purview of the Complete Streets Commission and is something that is established by the Building Code, and local amendments recommended by the Environmental Commission. Attachment #2 provides a comprehensive review of what the Complete Streets Commission has reviewed over the last 5- years, while also providing detail of the requests or recommendations they have made of housing developments within the City of Los Altos.

As mentioned previously the Zoning Code Amendment for Bicycle Parking/Storage is set for hearing on March 16, 2023, and is two of the four main requests of the commission; one of the four (EV Stalls) is not of the purview of the commission. Until standards are codified into the Los Altos Municipal Code any recommendation or request of the Complete Streets Commission is unenforceable.

Penalties for Noncompliance of Adopted Housing Element:

Should the Los Altos City Council not introduce the draft ordinance the City will be vulnerable to penalties and consequences of housing element noncompliance. HCD is authorized to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local governments actions do not comply with state law. Examples of penalties and consequence of housing element noncompliance:
 General Plan Inadequacy: the housing element is a mandatory element of the General Plan.

When a jurisdictions housing element is found to be out of compliance, its General Plan 611
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Subject: Housing Element implementing ordinance for certain provisions of Housing Program 3.H and 3.K of the Adopted 6th Cycle Housing Element.

March 28, 2023 Page 8
could be found inadequate, and therefore invalid. Local governments with an invalid General Plan can no longer make permitting decisions.
 Legal Suites and Attorney Fees: local governments with noncompliant housing elements are vulnerable to litigation from housing rights’ organization, developers, and HCD. If a jurisdiction faces a court action stemming from its lack of compliance and either loses or settles the case, it often must pay substantial attorney fees to the plaintiff’s attorneys in addition to the fees paid by its own attorneys. Potential consequences of lawsuits include:
mandatory compliance within 120 days, suspension of local control on building matters, and court approval of housing developments.
 Loss of Permitting Authority: courts have authority to take local government residential and nonresidential permit authority to bring the jurisdiction’s General Plan and housing element into substantial compliance with State law. The court may suspend the locality’s authority to issue building permits or grant zoning changes, variances, or subdivision map approvals – giving local governments a strong incentive to bring its housing element into compliance.
 Financial Penalties: court-issued judgement directing the jurisdictions to bring its housing element into substantial compliance with state housing element law. If a jurisdictions housing element continues to be found out of compliance, courts can multiply financial penalties by a factor of six.
 Court Receivership: courts may appoint an agent with all powers necessary to remedy identified housing element deficiencies and bring the jurisdiction’s housing element into substantial compliance with housing element law.

Petition for Writ of Mandate – California Housing Defense Fund, Yes In My Back Yard v. City of Cupertino.

So that the City Council and public are well-informed the City of Los Altos has included this information with this agenda item so that all circumstances are understood as housing law is rapidly evolving.

As of Friday, February 3, 2023, Californians for Homeownership, California Housing Defense Fund, and YIMBY Law had filed 12 lawsuits in Contra Costa, Santa Clara, Marin, and San Mateo County Superior Courts with the intention to file more in the coming weeks. The cities and counties sued include: Belvedere, Burlingame, Cupertino, Daly City, Fairfax, Martinez, Novato, Palo Alto, Pinole, Pleasant Hill, Richmond, and Santa Clara County. Each municipality has been sued by one or two of the non-profits.

With the Bay Area’s 109 cities and counties at widely varied stages in the process of Housing Element adoption and compliance, these twelve lawsuits mark the first round of what will likely 612
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Subject: Housing Element implementing ordinance for certain provisions of Housing Program 3.H and 3.K of the Adopted 6th Cycle Housing Element.

March 28, 2023 Page 9
be many rounds of judicial review for noncompliance with state housing law in the Bay Area. The initial lawsuits focus on cities with a long history of exclusionary housing practices, cities that adopted housing elements unlawfully, and localities that have made little progress in developing their draft housing elements. The organizations will continue to file suits in the coming weeks, prioritizing cities with the most egregious violations in each organization’s judgment.

A Petition for Writ of Mandate in the State of California is used by superior courts, courts of appeal and the Supreme Court to command lower bodies (such as lower level of government agencies, in this case a city) to do or not do specific actions. In this case, a Writ of Mandate can result in the city being directed to adopt a compliant housing element or other associated actions in order to comply with State law. A Writ of Mandate could also be petitioned for and direct a city to specifically implement programs that were included in their adopted housing element.

Given the current legal climate around housing element law it is vital for the City of Los Altos to expeditiously implement the adopted 6th Cycle Housing Element 2023-2031. As noted above the potential legal risks associated with housing element noncompliance could be further enforced by similar legal actions.

Planning Commission Recommendation (February 16, 2023)
The Planning Commission considered this item on February 16, 2023, at its regularly scheduled meeting. During the consideration of this item the Planning Commission accepted the draft ordinance with staff recommended amendments as well as providing further clarifying amendments which have been incorporated into the draft ordinance. At that time no public comments were received which spoke in opposition to the adoption of the changes presented within the draft ordinance.

Next Steps
The Draft Ordinance becomes effective 30-days post adoption. 613
Agenda Item # 16.
1 ORDINANCE NO. 2023-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING CHAPTERS 2.08, 12.44, 13.04, 14.76, AND 14.78 OF THE LOS ALTOS MUNICIPAL CODE TO IMPLEMENT CERTAIN PROVISIONS OF PROGRAM 3.H AND 3.K OF THE SIXTH CYCLE HOUSING ELEMENT UPDATE
WHEREAS, the City Council is empowered pursuant to Article XI, Section 7 of the California Constitution to make and enforce within the City all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, on January 24, 2023, the City Council approved the City’s Sixth Cycle Housing Element Update; and
WHEREAS, the Housing Element Update includes programs to eliminate unnecessary governmental constraints to housing development within the City of Los Altos; and WHEREAS, Program 3.H of the Housing Element Update calls for the dissolution of the Design Review Commission, and indicates that housing development projects of five or fewer units should be subject to staff-level review and approval; and
WHEREAS, Program 3.H of the Housing Element Update calls for the modification of the design review process and applicability so that City Council serves only as the decision-making authority for appeal of design review and land use decisions; and WHEREAS, Program 3.H of the Housing Element Update sets a maximum of 14 calendar days post project approval to file an appeal on decisions of housing developments, and sets forth that any appeal filed shall be on the basis of objective standards consistent with State law; and WHEREAS, Program 3.K of the Housing Element Update calls for the standardization of multimodal transportation review to be incorporated into the Los Altos Zoning Code allowing for transparent and consistent application of the code; and WHEREAS, Public Hearing Notice shall be consistent with Government Code Section 65091 to effectively further implement the Housing Element Update by eliminating impediments in the creation of housing; and
WHEREAS, having committed itself to implement Housing Element Update in its entirety, the City Council now desires to adopt this Ordinance; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and
WHEREAS, this Ordinance and Design Review Regulations shall be reviewed for its effectiveness no later than two (2) years post adoption; NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:
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Agenda Item # 16.
2 SECTION 1. AMENDMENT OF CHAPTER 2.08 OF THE MUNICIPAL CODE. Certain provisions of Chapter 2.08 of the Los Altos Municipal Code are hereby amended as set forth in Appendix D to this Ordinance, strikeout indicating deletion and underline indicating addition.

SECTION 2. AMENDMENT OF CHAPTER 12.44 OF THE MUNICIPAL CODE. Certain provisions of Chapter 12.44 of the Los Altos Municipal Code are hereby amended as set forth in Appendix A to this Ordinance, strikeout indicating deletion and underline indicating addition.

Except as otherwise shown in Appendix A, no other provision of Chapter 12.44 is amended hereby.

SECTION 3. AMENDMENT OF CHAPTER 13.04 OF THE MUNICIPAL CODE. Section

13.04.030 are hereby added to the Los Altos Municipal Code to read as follows: “Notwithstanding any other provision of this title, the approval authority for any tentative or parcel map for a housing development project of five or fewer units shall be the zoning administrator, as further set forth in section 14.78.020.D of this code.”
SECTION 4. AMENDMENT OF CHAPTER 14.76 OF THE MUNICIPAL CODE. Chapter

14.76 of the Los Altos Municipal Code are hereby amended as set forth in Appendix B to this Ordinance, strikeout indicating deletion and underline indicating addition.

SECTION 5. AMENDMENT OF CHAPTER 14.78 OF THE MUNICIPAL CODE. Chapter

14.78 of the Los Altos Municipal Code are hereby amended as set forth in Appendix C to this Ordinance, strikeout indicating deletion and underline indicating addition.

SECTION 6. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Director of Development Services, in their reasonable discretion, after consulting the City Attorney.

SECTION 7. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.

SECTION 8. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption hereof.

The foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on __, 2023, and was thereafter, at a regular meeting held on ___, 2023, passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Sally Meadows, MAYOR
615
Agenda Item # 16.
3 Attest:
____________________________
Angel Rodriguez, INTERIM City Clerk
616
Agenda Item # 16.

APPENDIX A
AMENDMENTS TO CHAPTER 12.44
617
Agenda Item # 16.

APPENDIX B
AMENDMENTS TO CHAPTER 14.76
618
Agenda Item # 16.

APPENDIX C
AMENDMENTS TO CHAPTER 14.78
619
Agenda Item # 16.

APPENDIX D
AMENDMENTS TO CHAPTER 2.08
620
Agenda Item # 16.
621
Agenda Item # 16.

Title 12 - BUILDINGS AND CONSTRUCTION
Chapter 12.44 HISTORIC PRESERVATION
Los Altos, California, Code of Ordinances Created: 2023-01-20 14:52:05 [EST] (Supp. No. 39 Update 1)