Agenda packet — Los Altos City Council, June 13, 2023 (part 1 of 2)

CITY COUNCIL MEETING
AGENDA
7:00 PM - Tuesday, June 13, 2023
via Videoconference and In Person
Please Note: The City Council will meet in person as well as via Telephone/Video Conference Telephone: 1-669-444-9171 / Webinar ID: 818 9578 2709
https://losaltosca-gov.zoom.us/j/81895782709?pwd=bTNnek43UkdYVXhNNXpqcGRFMXk3Zz09 Passcode: 702541
TO PARTICIPATE IN-PERSON: Members of the public may also participate in person by being present at the Los Altos Council Chamber at Los Altos City Hall located at 1 N. San Antonio Rd, Los Altos, CA.

TO PARTICIPATE VIA VIDEO: Follow the link above. Members of the public will need to have a working microphone on their device and must have the latest version of ZOOM installed (available at https://zoom.us/download). To request to speak, please use the “Raise hand” feature located at the bottom of the screen.

TO PARTICPATE VIA TELEPHONE: Members of the public may also participate via telephone by calling the number listed above. To request to speak, press *9 on your telephone.

TO SUBMIT WRITTEN COMMENTS: Prior to the meeting, comments on matters listed on the agenda may be emailed to [email protected]. Emails sent to this email address are sent to/received immediately by the City Council. Please include a subject line in the following format:

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

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

AGENDA

CALL MEETING TO ORDER

ESTABLISH QUORUM

PLEDGE ALLEGIANCE TO THE FLAG

REPORT ON CLOSED SESSION
1 6/13/2023 CITY COUNCIL MEETING AGENDA Page 2 of 3

CHANGES TO THE ORDER OF THE AGENDA

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Members of the audience may bring to the Council's attention any item that is not on the agenda. Speakers are generally given two or three minutes, at the discretion of the Mayor. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during the Public Comment Period. According to State Law (also known as “The Brown Act”) items must first be noted on the agenda before any discussion or action.

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

1. Approve the Special and Regular Meeting Minutes for the City Council Meeting of May 23, 2023

2. Adopt a resolution of local support that authorizes staff to file an application for funding assigned to the Metropolitan Transportation Commission, commits necessary matching funds from the City, and states assurance to MTC that the City will complete the N. San Antonio Rd.

Complete Streets Project

3. Approve extension of Memorandum of Understanding between the City of Los Altos and the Los Altos Stage Company for an additional year through November 9, 2025

4. Approve and adopt resolutions authorizing the City Manager to execute amendments to the professional service agreements for the Development Services Department

5. Adopt the revised Council Norms and Procedures

6. Waive second reading and adopt an Ordinance amending Los Altos Municipal Code Chapter

2.08 Commissions Generally and Chapter 2.12 Historical Commission to modify membership, meeting frequency, and powers and duties of City Commissions

PUBLIC HEARINGS

7. Conduct the public hearing, consider any written protests received, introduce and waive further reading of Ordinance: Sanitary Sewer Rates, and find that the approval of the ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15273 and none of the circumstances in Section 15300.2 applies

8. Introduce and set for public hearing the adoption by reference the 2021 International Property Maintenance Code with certain local amendments and find that the ordinance is exempt from CEQA pursuant to the provisions of Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations
2 6/13/2023 CITY COUNCIL MEETING AGENDA Page 3 of 3

9. Hold a Public Hearing and adopt three Resolutions approving the use of Park-In-Lieu funds for the parks and recreation facility improvements identified in the accompanying resolution in the total amount of $4,558,000

10. Hold a Public Hearing and adopt Resolutions approving the Financial Policy; the Appropriations Limit; FY23-24 Fee Schedule; FY23-24 Salary Schedule; FY23-24 Utility User Tax; FY23-24 Transient Occupancy Tax; FY23-24 Operating Budget

DISCUSSION ITEMS

INFORMATIONAL ITEMS ONLY

11. Tentative Council Calendar and Housing Element Update Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS

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

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

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

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

If you wish to provide written materials, please provide the City Clerk with 10 copies of any document that you would like to submit to the City Council for the public record. 3 CITY OF LOS ALTOS

CITY COUNCIL MEETING MINUTES
TUESDAY, MAY 23, 2023
6:00 p.m.
1 N. San Antonio Rd. ~ Los Altos, CA
Sally Meadows, Mayor
Jonathan Weinberg, Vice Mayor
Pete Dailey, Councilmember
Neysa Fligor, Councilmember
Lynette Lee Eng, Councilmember

SPECIAL MEETING
CALL MEETING TO ORDER: Mayor Meadows called the meeting to order at 6:00 p.m.

ESTABLISH QUORUM:

All Councilmembers were present and in person during the meeting.

DISCUSSION ITEM(S)

1. Results of the Updated Community Priorities Survey
Bryan Godbe, Godbe Research, presented the report.

There were no speakers for this item.

Discussion item only. No motion taken.

2. Receive presentation on management of the Los Altos Heritage Orchard Manny Hernandez, Parks and Recreation Director and Jane Packard, Chair of Orchard Commons Committee, presented the report.

The following member of the public spoke regarding the item:
 Roberta Phillips
Discussion item only. No motion taken.

ADJOURNMENT – The meeting adjourned at 6:54 p.m.

The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting of June 13, 2023.
_____________________________________ __________________________________ Sally Meadows, Melissa Thurman, MMC
Mayor City Clerk
4 Agenda Item # 1.

CITY OF LOS ALTOS

CITY COUNCIL MEETING MINUTES
TUESDAY, MAY 23, 2023
7:00 p.m.
1 N. San Antonio Rd. ~ Los Altos, CA
Sally Meadows, Mayor
Jonathan Weinberg, Vice Mayor
Pete Dailey, Councilmember
Neysa Fligor, Councilmember
Lynette Lee Eng, Councilmember
CALL MEETING TO ORDER – Sally Meadows, Mayor, called the meeting to order at 7:00 p.m.

ESTABLISH QUORUM – All Councilmembers were present and in person.

PLEDGE ALLEGIANCE TO THE FLAG – Neysa Fligor, Councilmember led the Pledge of Allegiance.

REPORT ON CLOSED SESSION – There was no reportable action for the Closed Session meeting of May 23, 2023.

CHANGES TO THE ORDER OF THE AGENDA
Jonathan Weinberg, Vice Mayor, suggested continuing Item 5 on the agenda to a future meeting date.

Motion by Weinberg and Seconded by Fligor to continue Item 5 to a date uncertain. Motion carried unanimously by roll call vote.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
The following members of the public spoke during Public Comment:
 Mary Popek
 Cathie Perga
 Roberta Phillips

SPECIAL ITEMS
a. Issue proclamation recognizing May 2023 as Mental Health Awareness Month Sally Meadows, Mayor, issued a proclamation recognizing May 2023 as Mental Health Awareness Month.
b. Proclamation of the Mayor Recognizing Recipients of the 2023 Los Altos Historic Preservation Award
Sally Meadows, Mayor, presented the 2023 Los Altos Historic Preservation Award to the Los Altos Chapter, Daughters of the American Revolution.

CONSENT CALENDAR
Motion by Dailey and Seconded by Weinberg to approve the Consent Calendar. Motion carried unanimously by roll call vote.

1. Approve Draft Meeting Minutes for the Special and Regular City Council Meetings of May 9, 2023
5 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
May 23, 2023

Page 2 of 5 ends

2. Treasurer’s Report – Month Ended February 28, 2023

3. Quarterly Investment Portfolio Report – Quarter Ended March 31, 2023

4. Adopt a resolution to authorize the City Manager to execute Amendment No. 1 to the LAYC Design Agreement between the City of Los Altos and CO+ED Architecture through FY 24/25 in an amount not to exceed $145,068 to provide design, bid support, construction documents, and construction administration for the new Los Altos Youth Center office conversion project. (M. Loatfi)

PUBLIC HEARINGS

5. Introduce and set for public hearing the adoption by reference the 2021 International Property Maintenance Code with certain local amendments and find that the ordinance is exempt from CEQA pursuant to the provisions of Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations (N. Zornes) This item was continued to a date uncertain.

DISCUSSION ITEMS

6. Direct staff to incorporate funding for various non-profit and civic organizations into the budget for FY23-24 and shift the application submission date for future years (A.

Carnesecca)
Anthony Carnesecca, Assistant to the City Manager, presented the report.

The following members of the public spoke regarding the item:
 Kathryn Tomaino  Gary Hedden
 Simone Berkowitz  Karen Zucker
 Maddy McBirney  Monica Waldman
 Kim Mosley  Roberta Phillips
 Elizabeth Ward  Roy Lave
 Larry Lang  Tian Zhang
 Margo Horn  Joe Beninato
 Freddie Wheeler
Motion by Weinberg and Seconded by Fligor to modify the donation policy to move the donation request deadline to April 30th of each year. Motion carried unanimously by roll call vote.

Motion by Fligor and Seconded by Lee Eng to provide a contribution of $60,208 to CHAC. Motion carried unanimously by roll call vote.

Motion by Weinberg and Seconded by Lee Eng to provide a contribution of $65,000 to the Los Altos History Museum. Motion carried unanimously by roll call vote. 6 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
May 23, 2023

Page 3 of 5 ends

Motion by Meadows and Seconded by Weinberg to evaluate additional funding in the upcoming FY2023-24 City of Los Altos budget and direct staff to work with the Library Museum staff to perform a cost analysis to identify any needs for extra funds. Motion carried unanimously by roll call vote.

Motion by Weinberg and Seconded by Meadows to provide a contribution of $67,500 annually to the Los Altos Chamber of Commerce and to direct staff to develop a 5-year agreement with the Chamber for the City Council to review at a future meeting date. Motion carried 3-2 with Councilmembers Dailey and Fligor opposed.

The City Council recessed at 9:17 p.m.

The City Council reconvened at 9:25 p.m.

Motion by Lee Eng and Seconded by Fligor to provide a $25,000 contribution to CSA. Mayor Meadows provided a Friendly Amendment to direct staff to return with an agreement with CSA at a future City Council meeting authorizing a multi-year contribution of $25,000 annually.

Councilmember Dailey provided a Second Friendly Amendment that the direction to staff be provided separately and not contained in the original motion. Councilmembers Lee Eng and Fligor accepted the Second Friendly Amendment. Motion carried unanimously by roll call vote.

The City Council directed staff to return with an agreement with CSA at a future City Council meeting authorizing a multi-year contribution of $25,000 annually.

Motion by Dailey to provide a $10,000 contribution to Arts Los Altos. Motion failed due to lack of a second.

Motion by Meadows and Seconded by Lee Eng to provide a $20,000 contribution to WomenSV.

Motion carried unanimously by roll call vote.

Contributions were not provided to Community Builders Toolbox or Morning Forum.

7. Provide direction on the number of meetings for the Complete Streets and Environmental Commissions and introduce and waive further reading of Ordinance No. 2023-XX that amends Los Altos Municipal Code Chapter 2.08 Commissions Generally and Chapter

2.12 Historical Commission to modify membership, meeting frequency, and powers and duties of City Commissions (A. Carnesecca)
Jon Maginot, Assistant City Manager, presented the report.

The following members of the public spoke regarding the item:
 Bruno Delagneau  Julie Crane
 Anne Paulson  Jill Woodford
 Pierre Bedard  Suresh Vekatraman
 Freddie Wheeler  Joe Beninato
 Stacy Banerjee  Monica Waldman
 Suzanne Ambiel  Kim Mosley
7 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
May 23, 2023

Page 4 of 5 ends

The City Council made various amendments to the ordinance and directed staff to include the amendments into the ordinance prior to the adoption of the ordinance at the meeting of June 13, 2023.

Motion by Dailey and Seconded by Fligor to Introduce and waive further reading of an ordinance that amends Los Altos Municipal Code Chapter 2.08 Commissions Generally and Chapter 2.12 Historical Commission to modify membership, meeting frequency, and powers and duties of City Commissions, as amended. Motion carried unanimously by roll call vote.

The City Council recessed at 12:05 a.m.

The City Council reconvened at 12:14 a.m.

8. Adopt the revised Council Norms and Procedures (J. Maginot) Jon Maginot, Assistant City Manager, presented the report, and listed amendments intended for the norms and procedures that was not included in the document before publication of the packet.

The following members of the public spoke regarding the item:
 Pierre Bedard  Roberta Phillips
 Freddie Wheeler
The City Council made various amendments to the Council Norms and Procedures document and directed staff to include the amendments into the document prior to adoption at the meeting of June 13, 2023.

9. Discuss and Consider Taking Positions on Various Senate and Assembly Bills and a Potential Local Ballot Measure (N. Fligor)
This item was continued to the meeting of June 13, 2023.

10. Review the flag raising request for the Progress Pride flag from June 1, 2023 through June 7, 2023 and the Juneteenth flag from June 19, 2023 through June 25, 2023 (J.

Weinberg)
Motion by Weinberg and Seconded by Meadows to approve the Progress Pride flag raising request from June 1, 2023 through June 7, 2023. Motion carried 4-0-1 with Councilmember Lee Eng abstained.

Motion by Weinberg and Seconded by Fligor to approve the Juneteenth flag raising request from June 19, 2023 through June 25, 2023. Motion carried 4-0-1 with Councilmember Lee Eng abstained.

INFORMATIONAL ITEMS ONLY

11. Tentative Council Calendar and Housing Element Update Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS  Councilmember Lee Eng – Request for one future Council agenda item:
o School District Discussion – Allen Bill (Supported by Councilmember Fligor) 8 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
May 23, 2023

Page 5 of 5 ends

 Councilmember Fligor – Request for one future Council agenda item:
o 1% for the Arts (Supported by Councilmember Lee Eng and Mayor Meadows) ADJOURNMENT– The meeting adjourned at 1:25 a.m. on May 24, 2023.

The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting of May 9, 2023.
_____________________________________ __________________________________ Sally Meadows, Melissa Thurman, MMC
Mayor City Clerk
9 Agenda Item # 1.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 13, 2023
Subject OBAG3 Grant Funding for N. San Antonio Rd Complete Streets Project Prepared by: Marisa Lee, Transportation Services Manager Reviewed by: James Sandoval, Public Works Director
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution of Local Support
Initiated by:

Staff
Previous Council Consideration:

This project was ranked the number one priority bicycle project in the City’s Complete Streets Master Plan, which was discussed at the following City Council meetings:
 Complete Streets Master Plan Study Session #1, November 9, 2021  Complete Streets Master Plan Study Session #2, March 22, 2022  Complete Streets Master Plan Unanimous Adoption on October 25, 2022 Fiscal Impact:

Accepting this project will result in receiving a grant award of $7,298,096 and City expenditure of $1,824,524 in local match for delivery of a Capital Improvement Project totaling $9,122,620. - Breakdown of funds to be used:
o $7,298,096 OBAG3 Grant
o $280,000 Traffic Impact Fees (City match for design in FY 23/24) o $1,544,524 General Fund (City match for construction in FY 24/25 - Amount already included in approved budget: N
- Amount above budget requested: 0
Environmental Review:

The project is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) in that the project consists of 10 Agenda Item # 2.

Subject: OBAG3 Funding for N. San Antonio Rd Complete Streets Project June 13, 2023 Page 2
minor alterations to existing public facilities involving negligible or no expansion of existing or former uses, it will not create additional automobile lanes, and none of the circumstances described in CEQA Guidelines Section 15300.2 applies. Section 15301 expressly applies to the creation or expansion of bicycle facilities within existing rights-of-way where no additional automobile lanes are created. See 14 CCR § 15301(c).

Policy Question(s) for Council Consideration:
 Does the Council support delivery of a $9,122,620 mobility-enhancing multi-modal streetscape project along N. San Antonio Rd – ranked as the top priority bike infrastructure improvement in the Complete Streets Master Plan -- by approving the local match of $1,824,524?
Summary:
 Class IV bikeway facility along N. San Antonio Rd was ranked the #1 priority bike infrastructure improvement by the Complete Streets Master Plan process.  $7,298,096 is the largest grant award to be secured by the City of Los Altos.  The project is an opportunity for a transformative mobility-enhancing project that would have significant bicycle and pedestrian safety impacts, bridge key gaps in the existing network, and set a precedent for the region.

Purpose
To approve a local match for a transformative mobility project that would have safety impacts on a local and regional level.

Background
The City of Los Altos relies heavily upon grant funding to implement many of our priority transportation projects.

The following outside funds are anticipated in FY-2023/24:
 $902,857 - Highway Users Tax Account (Gas Tax)
 $782,816 – CA Transportation Commission SB1 Local Streets and Roads Program  $675,000 – VTA Measure B Local Streets and Roads Maintenance Program  $24,851 - VTA Measure B Bicycle & Pedestrian Education & Encouragement Program  $180,000 - Vehicle Registration Fee (VRF)
 $25,432 - Metropolitan Transportation Commission Transportation Development Act (TDA) Article 3
Discussion/Analysis
11 Agenda Item # 2.

Subject: OBAG3 Funding for N. San Antonio Rd Complete Streets Project June 13, 2023 Page 3
The One Bay Area Grant (OBAG) guides how the Metropolitan Transportation Commission (MTC) distributes federal transportation funding from the Federal Highway Administration to projects and programs that improve safety, spur economic development and help the Bay Area meet climate change and air quality improvement goals. The third round of One Bay Area grant funding (OBAG3) was adopted by MTC in January 2022 and included more than $750M in federal funding for projects from 2023 to 2026.

The N. San Antonio corridor currently represents a significant barrier to safe travel for people walking, biking, or rolling. The corridor connects many key destinations including commercial districts, residential areas, civic spaces, downtown, the library, the newly constructed community center, City Hall, countless local businesses and restaurants, several local schools, Caltrain, and transit corridors along El Camino Real. The corridor is a suggested route to school for two public schools in Los Altos, as well as one of the few north-south corridors that traverses the entire city.

The proposed streetscape improvements would employ best practice street design principles to create designated space for each mode, separating pedestrians and cyclists from motor vehicle traffic, reducing conflicts between vulnerable road users and vehicles. This improvement project would facilitate a safer experience for these vulnerable roadway users and would provide a connection where a gap currently exists.

The project includes:
 Class IV protected bikeways
 Improved integration between transit and bicycle lanes  Median landscaping
 High visibility crosswalks
 Pedestrian enhancements
 Median reconstruction
This project supports the following Federal Performance Goals:
 Safety – significantly reduce traffic fatalities and serious injuries for all users on public roads and improve the safety of all public transportation systems This project supports the following Plan Bay Area 2050 Strategies:
 Restore, operate, and maintain the existing system
 Build a complete streets network
 Advance regional Vision Zero policy through street design and reduced speeds This project aligns with the following regional plans and policies:
 MTC’s Regional Safety/Vision Zero Policy
 MTC’s Equity Platform
12 Agenda Item # 2.

Subject: OBAG3 Funding for N. San Antonio Rd Complete Streets Project June 13, 2023 Page 4
 Regional Active Transportation Plan
 MTC’s Transit Oriented Communities Policy
This project was ranked as the #1 priority bicycle infrastructure project by Los Altos Complete Streets Master Plan, adopted by City Council in 2022. Prioritization was based on the vision and ranking criteria developed through months of community outreach, stakeholder outreach, and Complete Streets Commission discussion. The City received many requests and wishes to be able to more safely bike and walk to the destinations along N. San Antonio Rd, including the library, community center, and local businesses and restaurants. Some comments from residents included:
-"The existing Class II bike lanes north and south on high-speed San Antonio Road are inadequate and discourage bicycle commuting.”
-“Need safer biking path to / from Caltrain Station alongside San Antonio Rd.” This project received strong support from the Environmental Commission, who requested that N.

San Antonio be upgraded in the CSMP from Class II Bike Lanes to Class IV Protected Bikeways during their review process. The Complete Streets Commission strongly supported the upgrade from Class II to Class IV, and strongly encouraged Staff to pursue grant funding for this project.

The Complete Streets Commission received an update from Staff on this project and grant award in January 2023, again expressing support for the project and support for Council’s approval of the local match to deliver the project.

Recommendation
The staff recommends the City Council adopt a resolution of local support that authorizes staff to file an application for funding assigned to the Metropolitan Transportation Commission, commits necessary matching funds from the City, and states assurance to MTC that the City will complete the N. San Antonio Rd. Complete Streets Project.
13 Agenda Item # 2.

Reso. No. 2023-___
RESOLUTION NO. 2023- _____

A RESOLUTION OF THE CITY COUNCILOF THE CITY OF LOS ALTOS

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO

METROPOLITAN TRANSPORTATION COMMISSION AND

COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO

COMPLETE THE PROJECT
WHEREAS, THE CITY OF LOS ALTOS (herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission (MTC) for $7,298,096 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration (FHWA) and federal or state funding administered by the California Transportation Commission (CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and Regional Transportation Improvement Program (RTIP) funding (herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the N SAN ANTONIO RD COMPLETE STREETS PROJECT (herein referred to as PROJECT) for the OBAG3 GRANT PROGRAM (herein referred to as PROGRAM); and WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, (collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code §182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program (TIP); and WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
 the commitment of any required matching funds; and
 that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and
 that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution 14 Agenda Item # 2.

Reso. No. 2023-___
No. 3606, revised); and
 the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC's federal Transportation Improvement Program (TIP); and
 that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and  that the PROJECT will comply with all project-specific requirements as set forth in the PROGRAM; and
 that APPLICANT has assigned, and will maintain a single point of contact for all FHWAand CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and
 in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and  in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and activate TOS elements on new major freeway projects; and
 in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its City Manager, or designee, to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further RESOLVED that APPLICANT will provide any required matching funds; and be it further RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further RESOLVED that APPLICANT understands the funding deadlines associated with these funds 15 Agenda Item # 2.

Reso. No. 2023-___
and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally-funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further
RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further
RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further
RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further
RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in MTC Resolution No. 4104; and be it further
RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and be it further RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further
RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further
RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further RESOLVED that APPLICANT authorizes its City Manager, or designee, to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further
RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further
RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's federal TIP upon submittal by the 16 Agenda Item # 2.

Reso. No. 2023-___
project sponsor for TIP programming.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 13th day of June, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
17 Agenda Item # 2.

PUBLIC CORRESPONDENCE

The following is public correspondence received by the City Clerk’s Office after the posting of the original agenda. Individual contact information has been redacted for privacy. This may not be a comprehensive collection of the public correspondence, but staff makes its best effort to include all correspondence received to date.

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
18 Agenda Item # 2.

From: Tom Shoup
To: Public Comment
Cc: Marisa Lee
Subject: San Antonio Bike Lane funds match
Date: Thursday, June 8, 2023 12:04:32 PM
Dear Council,
I'm writing to support spending the $1.8MM matching funds for the OBAG 3 grant to design a Class IV protected bike lane along San Antonio. While the design and building of such bike lanes is costly, we have to continue to make cycling safer and therefore more attractive as a means of transportation. My experience biking on San Antonio, which I avoid by going out of my way, is that it is a biking desert, it's just too dangerous given the speed of traffic and narrow width of the existing curb lane. Since San Antonio is a desirable route to feed bike traffic to various schools (Egan, Bullis Charter, LAHS, Almond Elementary) and municipal facilities (Library, Community Center, etc.) it makes sense to undertake this project. This project would also help get bikes off the sidewalk, which is a problem around the Almond intersection.

Los Altos Ave. might appear to be a better alternative because it has a lot less car traffic, but it's on the edge of the populated area given its proximity to Foothill and I think too many riders wouldn't go out of their way to use it.

The Federal Highway Administration guideline for Class IV bikeways is a 7' bike lane and a 3' separator with vertical barrier. Since the City wants to keep the traffic lanes as is, this requires an additional 4' into the curb and sidewalk area along San Antonio. I think we should be bold and do just that and not be tempted to go down to the minimum FHWA recommendation. But we'll see how this plays out as the design is created.

Very truly yours,
Tom Shoup
112 Garland Way
Los Altos, CA
19 Agenda Item # 2.

From: Jim Wing
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM 10 MEETING DATE O6/13/2023 Date: Thursday, June 8, 2023 9:17:46 PM
Los Altos Mayor Meadows and Distinguished Council Members, Council Meeting Date 06/13/2023 Agenda Item 10 Caretaker House CF-01049 Budget Increase
Would you please increase budget to $120K? Increase is needed to provide following items to make project complete:

Creekside septic tank and drains need to be decontaminated per Clean Water Act / EPA guidelines. Most is this effort is soil testing and soil replacement. Staff may not be aware of recent US Supreme Court rulings in Maui and Rapanos that made getting a permit more costly. Keep in mind, State Law cannot override Federal Law like Clean Water Act. My estimate $25K.

Los Altos Parks summer camps / archery and Grassroots Ecology use Caretaker House for storage of emergency medical supplies, summer camps supplies, Grassroots Ecology small tools, archery supplies and secure place for staff personal items while working. A secure storage structure of 150 square feet is needed. My estimate $20K.

Provide underground electrical utility from University to support Redwood Gove water systems and new storage building. Presently electrical utility comes from Los Altos Hills electrical power pole at end of Fremont Road with over 300 feet overhead electrical cable mostly supported by two trees. This is a fire hazard that must be eliminated. My estimate $15K.

Thank you for your consideration.

Jim Wing, Milverton Road, Los Altos
20 Agenda Item # 2.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
21 Agenda Item # 2.

From: Roberta Phillips
To: Public Comment; City Council
Subject: Item #2 Council Meeting June 13,2023 MTC matching funds San Antonio Rd Date: Friday, June 9, 2023 5:06:12 PM
Dear Council Members
Item #2 on the consent calendar for June 13,2023 is asking Council to approve $1,824,524 for matching funds with a grant from MTC to put in bike lanes on San Antonio Rd..Although it is very tempting to get a seven million dollar grant, I ask that you pass on this project.

The reasons are as follows:

1.No one who lives on San Antonio Rd is aware or has participated in conversations about this project. There has been no community engagement or input that will dramatically effect the residents living on San Antonio Rd.
2 There are major changes proposed that will have negative effects on drivers and bicycle riders. San Antonio Rd is an Emergency Evacuation route. Cars need to pull over to the right to allow ambulances and fire trucks to pass. Having Class IV bike lanes with vertical structures such as bollards or concrete barriers is extremely dangerous.The City already rejected this idea on Foothill Expressway when that project took place. Bicyclists and motorists agreed not to
have any barriers put in place.

3. The City simply cannot afford nearly $2,000,000.We all know we can't afford to fix the police station, the roof on the fire station or the roof on the History Museum and much more.

For the coming year, according to our City Manager ( on a zoom call with LACC) the city will only have $250,000. for all of next year in excess funds. Our reserves are well below where they are required to be. God forbid,that if one or two emergencies occur simultaneously, the City would not be able to respond adequately.

4.The plan calls for medion reconstruction. There are trees planted all along San Antonio Rd that should not be removed.The trees provide noise mitigation are the homes of many birds and small animals.

5. There have been no serious accidents or fatal injuries on San Antonio Rd.

6. The sidewalks do need repairs as the concrete is cracked and presents a tripping hazard but we do not need to go over the top and go with plans in the Complete Street MasterPlan that was done by a consultant, who threw in everything ( all possibilities) including the kitchen sink.

I have included the video on traffic calming, road safety and road diets to illustrate how well intentioned ideas can go terribly wrong..
https://m.youtube.com/watch?v=2PamppHOHTs
Sincerely
Roberta Phillips
650-941-6940
22 Agenda Item # 2.

From: Bruno Delagneau
To: Public Comment
Cc: Marisa Lee
Subject: item 2 on June 13 council agenda: San Antonio road project Date: Friday, June 9, 2023 5:26:35 PM
Attachments: image001.png
Dear Council members,
Please approve matching funds from the city to obtain grant funding from the MTC to upgrade the San Antonio corridor including adding protected class IV bike lanes instead of the current unprotected class II.

In order to reduce Vehicle Miles Travel (VMT), a critical element in reducing Green House Gases (GHG) from the transportation sector, we need our residents to use alternative transportation, including biking. San Antonio road is an important corridor linking El Camino real to downtown and Foothill Expressway. It’s also a key access road for Los Altos High school, Egan Junior High and Bullis charter school. It’s a 4 lane street with vehicles traveling at speed often exceeding 40 miles per hour.

Current bike lanes are unprotected, in some areas narrow and generally dangerous. Dedicated and protected bike lanes will improve the safety of bikers (including our kids) and help increase adoption.

Thank you!
Bruno Delagneau, MD
Chair
Environmental Commission|Los Altos
One N. San Antonio Road, Los Altos, CA 94022
Mobile: (650) 305 9493
Email: [email protected]
Web: losaltosca.gov/environmentalcommission
23 Agenda Item # 2.

From: Dr. Susan Gyn
To: Public Comment
Subject: San Antonio Protected Bikeway and Streetscape Project Date: Saturday, June 10, 2023 12:06:31 PM
Dear City Counsil of Los Altos,
As a long term resident of Los Altos and a daily pedestrian on our streets, I support the proposal for a protected bikeway and streetscape project on San Antonio Road. It is a good investment for the future of our area and will allow more people to safely navigate our neighborhoods, reducing dependency on motor vehicles and in some small way helping our climate goals.

Thank you for considering these issues,
Matthew Lam, C.P.A.
24 Agenda Item # 2.

From: Pat Marriot
To: Public Comment
Subject: [External Sender]PUBLIC COMMENT ITEM #2 JUNE 13, 2023 Date: Sunday, June 11, 2023 1:08:12 PM
Council Members:

There’s no such thing as free money. Getting a $7M grant sounds good, but it’s going to cost us almost $2M that we don’t have plus an unknown cost in staff time – all for a project that is undefined except for six bullet points in a staff report:

Class IV protected bikeways
Improved integration between transit and bicycle lanes
Median landscaping
High visibility crosswalks
Pedestrian enhancements
Median reconstruction
Where’s the plan that shows the detail? What “pedestrian enhancements” are included? What does “median reconstruction” mean? Will the trees remain? In 2009 the city paid Gates + Associates for a Loyola Corner Streetscape Plan that’s sitting on a shelf somewhere. I don’t know the cost because the contract has disappeared. In 2018 a Miramonte plan went awry because residents couldn’t agree on sidewalks. Loyola Corners and Miramonte are more in need of streetscape work than San Antonio Road.

However, my main concern is the city’s financial position. At the LACC meeting last week, the city manager said, “We have $2.6 million in unbudgeted ongoing costs and we've drawn down our general fund reserve to 15.6 percent. Our CIP funding shortfall to start next year is going to be about six and a half million dollars $6.5M.”
He talked about depreciation: “Most of our assets are fully depreciated … City Hall has an asset fully depreciated … the police station is fully depreciated. …Today we don't have the ability to replace the roof on the fire station.”
He also noted it’s difficult to engage people in budget and finance conversations and there’s “kind of a reflexive reaction to say well we trust the city manager or we trust our Council people so we're not going to engage -- we're going to let them handle it.” True. However, some of us do pay attention to city finances because it’s our money that’s being spent. We see the shabby state of the civic center and we’re glad the city manager is planning for maintenance – at last.
25 Agenda Item # 2.

So I have to wonder why San Antonio road needs streetscaping and why we should spend $2M in the face of all our other financial issues.

Sincerely,
Pat Marriott
26 Agenda Item # 2.

From: Sam Cousins
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM 2 - 06/12/23
Date: Monday, June 12, 2023 10:07:30 AM
Councilmembers,
My name is Samuel Cousins. I am an incoming senior at Los Altos High School and I am writing to urge you to approve final funding for the N. San Antonio Rd. Complete Streets Project. This project would be an absolute game changer for kids like me who yearn for the independence to travel throughout our town without the need of a vehicle or a parent to drive us around. This project would not only connect all three of the schools I've attended - Los Altos High, Egan, and Almond - to downtown, allowing our city's kids to independently access the community connection that downtown offers, but would also connect the residential areas near downtown, some of the densest housing in our city, to safe, dignified routes to schools which they are zoned to attend. I have many friends who, even in recent weeks, have experienced danger and insecurity trying to safely travel by bicycle to our high school, and your approval of this project would breathe exciting new life into the active travel potential our city streets have to offer.

Thank you for considering this proposal. Every step forward has real positive impact on the lives of kids in this area, and it means a lot.
- Sam Cousins
27 Agenda Item # 2.

From: Colin Urmson
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM 2 - 06/13/23
Date: Monday, June 12, 2023 11:27:58 AM
My name is Colin Urmson. I am a graduating senior at Los Altos High School and I am writing to urge you to approve final funding for the N. San Antonio Rd. Complete Streets Project. This project would be an absolute game changer for kids like me who yearn for the independence to travel throughout our town without the need of a vehicle or a parent to drive us around. This project would not only connect all three of the schools I've attended - Los Altos High, Egan, and Almond - to downtown, allowing our city's kids to independently access the community connection that downtown offers, but would also connect the residential areas near downtown, some of the densest housing in our city, to safe, dignified routes to schools which they are zoned to attend. I have many friends who, even in recent weeks, have experienced danger and insecurity trying to safely travel by bicycle to our high school, and your approval of this project would breathe exciting new life into the active travel potential our city streets have to offer.

Thank you for considering this proposal. Every step forward has real positive impact on the lives of kids in this area, and it means a lot.

Thanks,
Colin Urmson
28 Agenda Item # 2.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
29 Agenda Item # 2.

From: B. Heckmann
To: Public Comment
Cc: Marisa Lee
Subject: Proposed project: bones and streetscape design project Date: Monday, June 12, 2023 3:48:51 PM
Dear Marisa,
Dear City council team,
I recently learned about the proposed project along N San Antonio road.

As a Los Altos resident I believe making the streets safer, especially for bike users, is important.

I am looking forward to learning more about the project.

Best regards,
Bibiana Heckmann
30 Agenda Item # 2.

From: Alon Golan
To: Public Comment
Cc: Marisa Lee
Subject: San Antonio Rd Protected Bikeway
Date: Monday, June 12, 2023 4:41:59 PM
Los Altos Councilmembers,
Please approve match for San Antonio Rd Protected Bikeway project funding.

For many decades, we have spent much of our public transportation money almost exclusively funding car infrastructure in our community. It is hard to maintain a vibrant community with all its facilities when one always needs to take private car transportation as the only means of the public to get around. Here are just a few examples where this is holding us back.

We are unable to provide residents with a dog park because there is no other viable way to get to the library, but to drive, so instead, we have a few more parking spots.

Most parents do not feel safe letting their kids walk or bike to school or to visit their friends, even short distances. So kids are confined to their homes and their parents' cars.

There is not even one pedestrian zone in our downtown, and pedestrians, mainly elderly people, regularly get hit when crossing our downtown streets.

Riding a bike along car traffic protected only by paint, and without firm divider protection, is intimidating and dangerous. Many residents would rather bike to and around downtown, the library and nearby schools, but feel unsafe doing so. Adding protected bike lanes along San Antonio road would be a great first step allowing those neighbors to use their car less for short trips. This will in turn reduce parking needs and traffic congestion and danger in downtown and school areas that San Antonio road is serving.

Please approve funding match for the San Antonio Road Protected Bikeway.

Respectfully,
Alon Golan
Los Altos
31 Agenda Item # 2.

From: caroline horn
To: Public Comment
Cc: Marisa Lee
Subject: North San Antonio bike project
Date: Tuesday, June 13, 2023 7:54:30 AM
Dear council members,
I am writing to support funding of the San Antonio bicycle project being discussed at tonight’s City Council meeting. I also want to express my thanks to the city staff for writing a successful grant to provide most of the project’s funding.

I’m a current member of the Los Altos High School PTSA sustainability committee. We have been searching for ways to encourage active transportation at the high school for the health of our students. About half of our students live in the cities of Mountain View and Palo Alto.

Because of the real and perceived dangers in high traffic corridors that cross El Camino, many of our students drive or are driven to school. This creates even more heavy traffic (and increased danger) during school drop off and pick up times.

A protected bike lane on San Antonio road would encourage many more students to walk or bike to school and greatly reduce the traffic around the high school. Furthermore, young people who bike to school actually become better drivers once they obtain a driver’s license.

I urge you to please provide the matching funds for this project. It’s a great investment in Los Altos! Thank you very much,
Caroline Horn
Los Niños Way
Los Altos, California
32 Agenda Item # 2.

From: Sarika R
To: Public Comment
Cc: [email protected]
Subject: San Antonio Bike Project
Date: Tuesday, June 13, 2023 9:11:32 AM
Hi Council Members,
I’m writing this email to show my support for the funding of the San Antonio Bicycle project that will be discussed later tonight at the meeting.

I heard about this project through Green Team at Los Altos High and I am very passionate about getting more people to start biking to school and finding new ways to use anything but a car to commute to school. Every day, I try my best to bike the 2 miles that it takes to get to school, but with the traffic and lack of bike lanes surrounding my area, it makes it difficult for me to avoid the dangers of having to share the road with cars. Not only is it dangerous for kids to bike in car lanes, but it is also inconvenient for anyone who actually needs to commute with a car, because there is generally heavy traffic surrounding the school during drop off and pick up times, which are usually commute times for many working individuals.

Because of these reasons, many students at my school are unable to bike to school, or their parents don’t let them due to the dangerous traffic and the amount of time it takes them to get to school. I have seen this in many of my friends and classmates, and it shows that there needs to be change in order to get more students to bike to school.

I think that it would be a great idea to invest in this project, both for the future of our planet, and the future of our student’s lives. By providing funding, we can have healthier students, healthier air, and less traffic for commuters.

Thank you for taking the time to read this e-mail and I hope that this can provide insight from a student’s view to help make Los Altos a more sustainable neighborhood.

Thank you,
Sarika Rajan (freshman at LAHS and member of Green Team) 33 Agenda Item # 2.

From: Jeremy Minshull
To: Public Comment
Cc: Marisa Lee
Subject: North San Antonio bike project
Date: Tuesday, June 13, 2023 10:24:30 AM
Dear council members,
I want to congratulate the city staff for writing a successful grant to provide most of the funding for a San Antonio bicycle project, which will be discussed at tonight’s City Council meeting. I also want to express my strong support for the project.

Although my children no longer attend local schools, we biked together to Almond Elementary School for over 10 years. Learning to bike has made them much more independent in their adolescence and young adulthood, even without having to own a car.

High traffic corridors that cross El Camino, such as San Antonio, are dangerous for cyclists. Consequently many Los Altos students drive or are driven to school.

This creates even more heavy traffic (and increased danger) during school drop off and pick up times.

A protected bike lane on San Antonio road would encourage many more students to walk or bike to school and greatly reduce the traffic around the high school.

Furthermore, young people who bike to school actually become better drivers once they obtain a driver’s license.

Please provide the matching funds for this project. It’s a great investment in Los Altos!
Thank you,
Jeremy Minshull
Los Niños Way
Los Altos, California
34 Agenda Item # 2.

From: Safe Routes DTLA
To: Public Comment
Cc: Marisa Lee
Subject: [External Sender]Public Comment Agenda Item #2 - June 13, 2023 Date: Tuesday, June 13, 2023 11:50:29 AM
Attachments: San Antonio Grant Support Letter to Council - June 13, 2023.pdf Dear Los Altos City Council Members,
We are writing on behalf of Safe Routes to Downtown Los Altos to ask you to vote in support of a resolution and commit to funding for the San Antonio Road bicycle and pedestrian safety improvement project. The OBAG3 $7.3M grant award depends on our city’s support. We know residents support bicycle and pedestrian safety improvements on San Antonio road based on previous community outreach efforts. Appropriately, this is a top priority in the city’s approved Complete Streets Master Plan (CSMP).

Many students currently avoid San Antonio road due to safety concerns, but improving bicycle safety by installing class IV protected bike lanes would make this direct route a viable option to get to and from school. The pedestrian crossings at San Antonio and Edith/Main are problematic. It is one of the top ranked areas in need of improvement in Los Altos. The connection from our city offices and the library to downtown needs to be redesigned.

We strongly encourage you to fund this project, to support climate change mitigation efforts, safe accessibility through and around town, and to implement the CSMP. This is a huge opportunity for our city. It would be a tremendous loss if we did not utilize the grant funds to make our city safer. Thank you.

Jill Woodford
Harry Guy
Jen Denebeim
35 Agenda Item # 2.
36 Agenda Item # 2.

June 13, 2023
TO: [email protected]
Cc: [email protected]
Subject: Public Comment Agenda Item #2 - June 13, 2023
Dear Los Altos City Council Members - We are writing on behalf of Safe Routes to Downtown Los Altos to ask you to vote in support of a resolution and commit to funding for the San Antonio Road bicycle and pedestrian safety improvement project. The OBAG3 $7.3M grant award depends on our city’s support. We know residents support bicycle and pedestrian safety improvements on San Antonio road based on previous community outreach efforts.

Appropriately, this is a top priority in the city’s approved Complete Streets Master Plan (CSMP).

San Antonio road is a major connector from El Camino Real to Foothill Expressway, both of which have bicycle improvement projects being planned or studied. San Antonio is also a straight route to City Hall, the library, downtown Los Altos, and several schools; Los Altos High, Egan Junior High, Almond, Covington, and Bullis Charter, as well as Foothill College. Many students currently avoid San Antonio road due to safety concerns, but improving bicycle safety by installing class IV protected bike lanes would make this direct route a viable option to get to and from school. The pedestrian crossings at San Antonio and Edith/Main are problematic. It is one of the top ranked areas in need of improvement in Los Altos. The connection from our city offices and the library to downtown needs to be re-designed.

Jill Woodford
Harry Guy
Jen Denebeim
37 Agenda Item # 2.

From: Sybil J. Cramer
To: Public Comment
Cc: caroline horn; Tracy Ferea; John Scarboro; Rachel Kohls-Lunt; Amy Sabik; Laura Larghi; Adit Chintamaneni; [email protected]; Apple Inc.

Subject: San Antonio Protected Bike Lane Project
Date: Tuesday, June 13, 2023 12:42:17 PM
Dear Council Members,
I am writinh to urge you to vote yes to provide matching funds to the grant for implementing a protected bikeway on San Antonio Road.

I have been a volunteer at Los Altos High School (LAHS) for many years as the Parent Liaison for the student Green Team Club and as founding chair of the PTSA Sustainability Committee. Half of the students at LAHS live in North Mountain View and the area of Palo Alto between Adobe Creek and SanAntonio Road.

To meet the City of Los Altos’s CAAP goal of reducing green house gas emissions from gasoline vehicles, it is important to transition students who drive or are driven to school via San Antonio Road to bicycle to campus up San Antonio. But many are afraid to do so because traffic is so heavy on that roadway.

It is important to provide a safe, protected bikeway on San Antonio Road so more students can bike safely to campus along this route.

Again — Grant funding is available! However, the Council needs to approve matching funds for this project to move forward. I know others join me in urging each council member to vote “yes” to approve these funds.

Thank you,
Respectfully submitted,
Sybil Cramer
291 Margarita Court
Los Altos, CA 94022
Sent from my iPad
38 Agenda Item # 2.

From: Carl van Reis
To: Public Comment
Subject: In support of Class IV protected bike lanes on San Antonio Road Date: Tuesday, June 13, 2023 4:06:09 PM
I strongly support the implementation of Class IV protected bike lanes on San Antonio Road as discussed in the June 13th meeting packet. This plan would help us reach our climate goals by making biking more favorable with the increased safety. I personally do not feel safe biking from south to north Los Altos currently, but more Class IV lanes like these would allow me and others to comfortably visit downtown and the community center more often.

Thank you for reading,
Carl van Reis
39 Agenda Item # 2.

June 13, 2023
Los Altos City Council
City of Los Altos
Los Altos City Hall
1 North San Antonio Road
Los Altos, CA 94022
[email protected]
Re: Letter of Support for the N. San Antonio Rd. Complete Streets Project (Item 2 on the Agenda for June 13, 2023 City Council Meeting)
Dear Los Altos City Council,
On behalf of the Mountain View/Los Altos local team chapter of the Silicon Valley Bicycle Coalition, a local nonprofit building healthier and more just communities by making bicycling safe and accessible for all, we are writing in support of the North San Antonio Road Complete Streets Project.

The City’s Complete Streets Master Plan recommends placing protected bike lanes (Class IV) along North San Antonio Road as a high priority project, and for good reason. Stretches of North San Antonio Road are used as Safe Routes to School (e.g., for Egan and LAHS). The northern portion of this road is also an important commercial center, so improved bicycling infrastructure would help relieve traffic congestion in the area.

Unfortunately, the current conditions on North San Antonio Road are very challenging for those who bike. The bike lanes are unprotected, and in some areas, quite narrow. Given that this road has a high volume of vehicular traffic and posted speed limits of 35 mph, this creates unsafe conditions for bicyclists. We note that NATCO recommends protected bicycle lanes on roads with high vehicular volumes or speeds greater than 26 mph. See
https://nacto.org/publication/urban-bikeway-design-guide/designing-ages-abilities-new/choosing-agesabilities-bicycle-facility/ The proposed North San Antonio Road Complete Streets Project also includes important infrastructure improvements for pedestrians, such as high visibility crosswalks. Given the number of students who 40 Agenda Item # 2.
regularly cross North San Antonio Road when walking to school, these improvements would be much welcomed.

For these reasons, the Mountain View/Los Altos local team for SVBC strongly supports the North San Antonio Road Complete Streets Project. Thank you for your time and consideration.

Sincerely,
Silicon Valley Bicycle Coalition, Mountain View/Los Altos Local Team. cc: Marisa Lee
41 Agenda Item # 2.

From: Nadim Maluf
To: Public Comment
Cc: Marisa Lee
Subject: Please Approve N San Antonio Protected Bikeway and Complete Streets Project Date: Tuesday, June 13, 2023 5:28:16 PM
Please, please, please, please, APPROVE the N San Antonio Protected Bikeway project and matching funds. I can’t make my pleading simpler than this!
It’s only once in a blue moon that we get opportunities such as this one to receive $7.3M in grant monies. If the city does not grab this opportunity and approve matching funds, then we might as well shut down our aspirations for a bike-friendly city and go hide in shame!
Thank you
Nadim Maluf
42 Agenda Item # 2.

From: Suresh Venkatraman
To: City Council; Public Comment
Cc: Marisa Lee
Subject: San Antonio Rd. Complete Streets Project
Date: Tuesday, June 13, 2023 6:24:45 PM
Dear Council-members,
I am writing in support of the proposed San Antonio bikeway and streetscape project. This is a significant step in advancing the Complete Streets Master Plan with significant outside funding. Congratulations to the city staff for their work in securing the grant. San Antonio services a large section of our residents with access to many key destinations that the staff has thoroughly outlined. Making San Antonio Rd. safe for bicyclists and pedestrians while maintaining traffic lanes make this project a win-win for all modes of transportation.

I would like to ask you to adopt the proposed resolution to accept the OBAG3 grant funds and approve the additional funding for the project. In the meanwhile, I would also encourage the city staff to continue to pursue additional grant funding opportunities to further secure this and other similar projects in the city. This project would serve as a model for pursuing other grants and will bolster our case.

Thank you for your consideration.

Sincerely,
Suresh Venkatraman
Cuesta Dr. Los Altos, CA 94024
43 Agenda Item # 2.

AGENDA REPORT SUMMARY

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: June 13, 2023
Subject: Memorandum of Understanding between the City of Los Altos and the Los Altos Stage Company Extension
Prepared by: Anthony Carnesecca, Assistant to the City Manager Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Memorandum of Understanding between the City of Los Altos and the Los Altos Stage Company

2. City Council Agenda Report November 30, 2021

3. Previous Memorandum of Understanding between the City of Los Altos and the Los Altos Stage Company
Initiated by:

City Council
Previous Council Consideration:

November 9, 2021, November 30, 2021 & May 9, 2023
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does City Council want to extend the Downtown Theater MOU one additional year through November 9, 2025?
Summary:
 The Los Altos Stage Company presented to the City Council on November 9, 2021 requesting a Memorandum of Understanding (MOU) with the City of Los Altos in order to pursue building a downtown theater.
 The City of Los Altos approved the MOU on November 30, 2021 for a three year agreement through November 30, 2024.
44 Agenda Item # 3.

Subject: Memorandum of Understanding between the City of Los Altos and the Los Altos Stage Company Extension
June 13, 2023 Page 2
 The City Council directed staff to bring a one year extension of this MOU for consideration during the May 9, 2023 study session with the Downtown Theater Working Group.

Purpose:

Extend the MOU with Los Altos Stage Company for an additional year through November 9, 2025.

Background:

The Los Altos Stage Company has operated in the Bus Barn Theater at the Los Altos Civic Center site for 29 years.

Since August 2018, a community theater has been part of the Los Altos Downtown Vision Plan.

The Los Altos Stage Company presented to the City Council on November 9, 2021 requesting a MOU with the City of Los Altos in order to pursue building a downtown theater. At that meeting, the City Council directed staff to prepare a MOU under which the City would reserve a specified City-owned parking plaza through November 9, 2024 as a potential site for a community theater, in order to give the Los Altos Stage Company an opportunity to raise funds towards building a community theater
The City of Los Altos approved the MOU on November 30, 2021 for a three year agreement through November 30, 2024.

Discussion/Analysis:

During the May 9, 2023 study session with the Downtown Theater Working Group, City Council directed staff to bring a one year extension of this MOU in order to support their next step in completing a capital campaign analysis to determine whether there are enough private funds for a stand-alone theater.
45 Agenda Item # 3.
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4890-5154-7396v1
JH\00000999

MEMORANDUM OF UNDERSTANDING

THE LOS ALTOS STAGE COMPANY AND THE CITY OF LOS ALTOS
This Memorandum of Understanding (MOU) is made as of June 13, 2023, by and between the City of Los Altos, a municipal corporation of the State of California (City) and the Los Altos Stage Company, a 501(c)(3) Corporation (LASC), or hereinafter the Parties.

WHEREAS, LASC has had a Use Agreement with the City for the Bus Barn Theater for twenty-nine (29) years, which is owned by the City and located at the Los Altos Civic Center site; and
WHEREAS, since August 2018 a community theater has been part of the Los Altos Downtown Vision Plan; and
WHEREAS, the City Council believes that a community theater would be a benefit to the community; and
WHEREAS, on November 9, 2021, the Los Altos City Council (“City Council”) directed City staff to prepare a MOU under which the City would reserve a specified City-owned parking plaza through November 9, 2024 as a potential site for a community theater, in order to give LASC an opportunity to raise funds towards building a community theater; and WHEREAS, on May 9, 2023, the City Council directed City staff to extend the MOU for an additional year through November 9, 2025.NOW THEREFORE the Parties hereby declare the following:

1. LASC is considering options to utilize the City-owned Downtown Parking Plaza No. 2 described in and attached herein as Exhibit “A” and incorporated by this reference) to develop a downtown theater (Project).

2. The City shall refrain from selling or otherwise disposing of the Property until November 9, 2025 it being the intent of the Parties that the Property shall be reserved for the potential future construction of the Project.

3. LASC is expected to solicit funding for the Project, and the use of any such solicited funds that involves the City or any City-owned property would need to be covered in a separate agreement.

4. This MOU allows City staff to work with LASC through this process.

5. This MOU does not sell, lease, license or in any way dispose of the Property.

6. The Parties further declare and further acknowledge that the City’s and LASC’s commitments are subject to the compliance with all legal requirements, including and but not limited to compliance with the California Environmental Quality Act (CEQA). Nothing in this MOU shall be construed to compel LASC or the City to approve or make any particular findings with respect to any environmental documentation that is prepared, pursuant to CEQA, for any portion of the Project. 46 Agenda Item # 3.
-2-
4890-5154-7396v1
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The City retains full discretion to approve any CEQA documents prepared or to analyze environmental impacts or the Project.

7. This MOU is expressly non-binding and does not commit the City to approving the Project nor does it contain all of the terms and conditions related to the transaction contemplated herein. The City expressly retains the right to terminate this MOU at its convenience. If LASC abandons or does not pursue the Project, then this MOU shall be deemed to be null and void.

8. This MOU or Project may be subject to or superseded by any Federal, State, or local laws, including but not limited to, laws governing affordable housing.

CITY OF LOS ALTOS LASC
Name: Gabriel Engeland
Title: City Manager
Name: Vicki Reeder
Title: Board President
APPROVED AS TO FORM: APPROVED AS TO FORM:

Name: Jolie Houston
Title: City Attorney, Los Altos
Name:

Title:

Exhibit A
47 Agenda Item # 3.
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4890-5154-7396v1
JH\00000999 48
Agenda Item # 3.

AGENDA REPORT SUMMARY

DISCUSSION ITEM
Agenda Item # 10
Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF
4887-9695-2580v1
JH\00000999
Meeting Date: November 30, 2021
Subject: Memorandum of Understanding between the City of Los Altos and the Los Altos Stage Company
Prepared by: Jolie Houston, City Attorney
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Draft Memorandum of Understanding between the City of Los Altos (City) and the Los Altos Stage Company (LASC)
Initiated by:

City Council
Previous Council Consideration:

November 9, 2021
Fiscal Impact:

None at this time.

Environmental Review:

The adoption of the MOU is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b)(3) Adoption of the MOU will not have a significant effect on the environment.

Policy Question(s) for Council Consideration:
• Does the Council wish to adopt a Memorandum of Understanding to set forth the City’s and LASC’s preliminary support for a theater to be located on one of the City’s downtown parking plazas?
Summary:
• The purpose of this MOU is limited and will set forth the City’s and LASC’s preliminary support for a theater to be located on one of the City’s downtown parking plazas (Project). • LASC is considering options to utilize a City-owned Downtown parking plaza to be later identified (Project Property) for the Project.
49 Agenda Item # 3.

Subject: Memorandum of Understanding between the City of Los Altos and the Los Altos Stage Company
Date Page 2 4887-9695-2580v1
JH\00000999
• If approved, this MOU will:
o allow LASC sufficient time to raise funding for a downtown theater; o require that the City refrain from selling or otherwise disposing of the Project Property for a period of not to exceed five (5) years;
o not require the City to contribute any financial or staff resources and in no event will it be deemed or construed as a guaranty by the City that Project can or will be successfully developed for use by LASC or a community theater; o be expressly non-binding and will not commit the City to approving the Project; and
o be subject to or superseded by any Federal, State, or local laws, including but not limited to, laws governing affordable housing and CEQA.

Staff Recommendation:

None. This was a Council direction.
50 Agenda Item # 3.

ATTACHMENT 1
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DRAFT – FOR DISCUSSION ONLY
4890-5154-7396v1
JH\00000999

MEMORANDUM OF UNDERSTANDING

THE LOS ALTOS STAGING COMPANY AND THE CITY OF LOS ALTOS This Memorandum of Understanding (MOU) is made as of _______________, 2021, by and between the City of Los Altos, a municipal corporation of the State of California (City) and the Los Altos Stage Company, a 501(c)(3) Corporation (LASC), or hereinafter the Parties.

WHEREAS, on November 9, 2021, the Los Altos City Council (“City Council”) directed City staff to prepare a MOU under which the City would reserve a specified City-owned parking plaza for a certain number of years as a potential site for a community theater, in order to give LASC an opportunity to raise funds towards building a community theater; WHEREAS, the City Council believes that a community theater would be a benefit to the community; and
WHEREAS, LASC currently has a Use Agreement with the City for the Bus Barn Theater, which is owned by the City and located at the Los Altos Civic Center site.

NOW THEREFORE the Parties hereby declare the following:

1. LASC is considering options to utilize the City-owned Downtown parking plaza (NEED TO INSERT SPECIFIC DESCRIPTION OF PARKING PLAZA NEXT TO WALGREENS attached hereto as Exhibit “A”) to develop a downtown theater (Project).

2. The City shall refrain from selling or otherwise disposing of the Property for a period of _______ years (not to exceed five (5) years after the date hereof), it being the intent of the Parties that the Property shall be reserved for the potential future construction of the Project.

3. LASC is expected to solicit funding for the Project, and the use of any such solicited funds that involves the City or any City-owned property would need to be covered in a separate agreement.

4. This MOU does not require the City to contribute any financial or staff resources and in no event shall the foregoing be deemed or construed as a guaranty by the City that Project can or will be successfully developed for use by LASC or a community theater.

5. This MOU does not sell, lease, license or in any way dispose of the Property.

6. The Parties further declare and further acknowledge that the City’s and LASC’s commitments are subject to the compliance with all legal requirements, including and but not limited to compliance with the California Environmental Quality Act (CEQA). Nothing in this MOU shall be construed to compel LASC or the City to approve or make any particular findings with respect to any environmental documentation that is prepared, pursuant to CEQA, for any portion of the Project. 51 Agenda Item # 3.
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DRAFT – FOR DISCUSSION ONLY
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JH\00000999
The City retains full discretion to approve any CEQA documents prepared or to analyze environmental impacts or the Project.

7. This MOU is expressly non-binding and does not commit the City to approving the Project nor does it contain all of the terms and conditions related to the transaction contemplated herein.

8. This MOU or Project may be subject to or superseded by any Federal, State, or local laws, including but not limited to, laws governing affordable housing.

CITY OF LOS ALTOS LASC
Name: Gabriel Engeland
Title: City Manager
Name: Vicki Reeder
Title: Board President
APPROVED AS TO FORM: APPROVED AS TO FORM:

Name: Jolie Houston
Title: City Attorney, Los Altos
Name:

Title:
52 Agenda Item # 3.

AGENDA REPORT SUMMARY

DISCUSSION ITEM
Agenda Item # 10
Reviewed By:

1. Draft Memorandum of Understanding between the City of Los Altos (City) and the Los Altos Stage Company (LASC)
Initiated by:

City Council
Previous Council Consideration:

November 9, 2021
Fiscal Impact:

None at this time.

Environmental Review:

Staff Recommendation:

None. This was a Council direction.
54 Agenda Item # 3.

ATTACHMENT 1
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DRAFT – FOR DISCUSSION ONLY
4890-5154-7396v1
JH\00000999

MEMORANDUM OF UNDERSTANDING

NOW THEREFORE the Parties hereby declare the following:

3. LASC is expected to solicit funding for the Project, and the use of any such solicited funds that involves the City or any City-owned property would need to be covered in a separate agreement.

5. This MOU does not sell, lease, license or in any way dispose of the Property.

6. The Parties further declare and further acknowledge that the City’s and LASC’s commitments are subject to the compliance with all legal requirements, including and but not limited to compliance with the California Environmental Quality Act (CEQA). Nothing in this MOU shall be construed to compel LASC or the City to approve or make any particular findings with respect to any environmental documentation that is prepared, pursuant to CEQA, for any portion of the Project. 55 Agenda Item # 3.
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DRAFT – FOR DISCUSSION ONLY
4890-5154-7396v1
JH\00000999
The City retains full discretion to approve any CEQA documents prepared or to analyze environmental impacts or the Project.

7. This MOU is expressly non-binding and does not commit the City to approving the Project nor does it contain all of the terms and conditions related to the transaction contemplated herein.

8. This MOU or Project may be subject to or superseded by any Federal, State, or local laws, including but not limited to, laws governing affordable housing.

CITY OF LOS ALTOS LASC
Name: Gabriel Engeland
Title: City Manager
Name: Vicki Reeder
Title: Board President
APPROVED AS TO FORM: APPROVED AS TO FORM:

Name: Jolie Houston
Title: City Attorney, Los Altos
Name:

Title:
56 Agenda Item # 3.

Reviewed By:

City Manager City Attorney
GE JH

AGENDA REPORT SUMMARY
Meeting Date: June 13, 2023
Subject Development Services Department Amendments for Professional Service Agreements to provide Plan Review and Environmental Review Prepared by: Nick Zornes, Development Services Department Reviewed by: Jon Maginot, Assistant City Attorney
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution – TRB + Associates

2. Resolution – Structech

3. Resolution – David J. Powers

4. Resolution – EMC Planning Group, Inc.

Previous Council Consideration:

February 14, 2023, Adjustment to FY22/23 Budget Appropriations to increase total for plan review.

Fiscal Impact:

All fiscal impacts associated with the professional service agreements accounted for in this agenda report are offset by revenues that are equal to or greater than the expenditures. Plan review and environmental review fees are paid upon submittal of a project or permit within the city.

Environmental Review:

Not applicable.

Summary:

The Development Services Department utilizes multiple third-party consultants to complete various required plan reviews and environmental review of received permits and projects. Existing consultant contracts are set to expire on June 30, 2023. The Development Services Department requests to extend the existing agreements in place with the optional 2-year extension noted in the original agreement. Since the original agreement is greater than $100,000 any amendments to the agreement require City Council authorization.

Staff Recommendation:

Approve and adopt a resolution authorizing the City Manager to execute amendments to the professional service agreements for the Development Services Department. 57 Agenda Item # 4.

Subject: Development Services Department Amendments for Professional Service Agreements to provide Plan Review and Environmental Review

Page 2 ends

Purpose
Amendments to existing professional service agreements allow for continuation and continuity of services provided by the Development Services Department. Additionally, the agreement amendments reflect the actual expenditures of services provided in FY2023, and anticipated expenditures for FY2024 and FY2025.

Background
The Development Services Department has utilized third-party consultants to provide the required plan review and environmental review in the absence of in-house staff to complete the work. In FY2021, the City of Los Altos entered into multiple professional service agreements to provide the required plan review and environmental review which allowed for an initial term of 3 years. The existing professional service agreements expire on June 30, 2023. Each professional service agreement provides the option to extend the term for an additional 2 years.

Analysis
The following tables represent the four contract amendments for existing professional service agreements within the Development Services Department. Each of the four agreements are eligible for an optional contact extension for an additional two years. Due to the significant increase in project and permit submittals in the city it is necessary to authorize the total budget for each agreement to allow for the use of third-party consultants. The total authorized budget for each agreement is reflected in the City’s Annual Budget for the Development Services Department.

TRB + Associates
Services
Provided:

Provides Third-Party Building Plan Review for Building Permits submitted to the city.

Fiscal
Analysis:

Revenues associated with this contract meet or exceed the expenditures and create no negative fiscal impact.

Original Contract Amount: $1,050,000.00 Term: FY2021/2022/2023 Contract Amendment: $1,650,000.00 Term: FY2024/2025
Contract Total: $2,700,000.00
Structech
Services
Provided:

Provides Third-Party Building Plan Review for Building Permits submitted to the city.

Fiscal
Analysis:

Revenues associated with this contract meet or exceed the expenditures and create no negative fiscal impact.

Original Contract Amount: $1,050,000.00 Term: FY2021/2022/2023 Contract Amendment: $500,000.00 Term: FY2024/2025
Contract Total: $1,550,000.00
58 Agenda Item # 4.

Subject: Development Services Department Amendments for Professional Service Agreements to provide Plan Review and Environmental Review

Page 3 ends

David J. Powers
Services
Provided:

Provides Third-Party Environmental Planning Review for Permits and Projects within the city.

Fiscal
Analysis:

Revenues associated with this contract meet or exceed the expenditures and create no negative fiscal impact.

Original Contract Amount: $220,000.00 Term: FY2021/2022/2023 Contract Amendment: $200,000.00 Term: FY2024/2025
Contract Total: $420,000.00
EMC Planning Group, Inc.

Services
Provided:

Provides Third-Party Environmental Planning Review for Permits and Projects within the city.

Fiscal
Analysis:

Revenues associated with this contract meet or exceed the expenditures and create no negative fiscal impact.

Original Contract Amount: $220,000.00 Term: FY2021/2022/2023 Contract Amendment: $200,000.00 Term: FY2024/2025
Contract Total: $420,000.00
Recommendation
Approve and adopt a resolution authorizing the City Manager to execute amendments to the professional service agreements for the Development Services Department. 59 Agenda Item # 4.

Resolution No. 2023-XX Page 1
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS FOR THE AWARD OF AMENDMENTS TO TRB + ASSOCIATES FOR

BUILDING PERMIT REVIEW
WHEREAS, The City of Los Altos retains the services of third-party consultants for building permit review; and
WHEREAS, TRB + Associates was awarded a contract in the amount of $1,050,000.00 for FY2021/2022/2023; and
WHEREAS, on February 14, 2023, the City Council of the City of Los Altos approved a adjustment of $750,000.00 to FY2023 Budget Appropriation for Professional Services for Plan Checks; and
WHEREAS, Amendment No. 1 to the TRB + Associates contract will match the budget appropriations previously authorized, and the forthcoming future professional services anticipated.

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

1. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement between the City of Los Altos and TRB + Associates for FY2023/2024/2025 in an amount not to exceed $1,650,000.00 to provide professional third-party plan review services, and

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
60 Agenda Item # 4.

Resolution No. 2023-XX Page 1
RESOLUTION NO. 2023-XX

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

FOR THE AWARD OF AMENDMENTS TO STRUCTECH FOR BUILDING

PERMIT REVIEW
WHEREAS, The City of Los Altos retains the services of third-party consultants for building permit review; and
WHEREAS, Structech was awarded a contract in the amount of $1,050,000.00 for FY2021/2022/2023; and
WHEREAS, on February 14, 2023, the City Council of the City of Los Altos approved a adjustment of $750,000.00 to FY2023 Budget Appropriation for Professional Services for Plan Checks; and
WHEREAS, Amendment No. 1 to the Structech contract will match the budget appropriations previously authorized, and the forthcoming future professional services anticipated.

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

1. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement between the City of Los Altos and Structech for FY2023/2024/2025 in an amount not to exceed $500,000.00 to provide professional third-party plan review services, and

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
61 Agenda Item # 4.

Resolution No. 2023-XX Page 1
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS FOR THE AWARD OF AMENDMENTS TO DAVID J. POWERS FOR

ENVIRONMENTAL REVIEW
WHEREAS, The City of Los Altos retains the services of third-party consultants for environmental review; and
WHEREAS, David J. Powers was awarded a contract in the amount of $220,000.00 for FY2021/2022/2023; and
WHEREAS, Amendment No. 1 to the David J. Powers contract will match the budget appropriations previously authorized, and the forthcoming future professional services anticipated.

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

1. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement between the City of Los Altos and David J. Powers for FY2023/2024/2025 in an amount not to exceed $200,000.00 to provide professional third-party environmental review services, and

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
62 Agenda Item # 4.

Resolution No. 2023-XX Page 1
RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS FOR THE AWARD OF AMENDMENTS TO EMC PLANNING GROUP, INC.

FOR ENVIRONMENTAL REVIEW
WHEREAS, The City of Los Altos retains the services of third-party consultants for environmental review; and
WHEREAS, EMC Planning Group, Inc. was awarded a contract in the amount of $220,000.00 for FY2021/2022/2023; and
WHEREAS, Amendment No. 1 to the EMC Planning Group, Inc. contract will match the budget appropriations previously authorized, and the forthcoming future professional services anticipated.

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

1. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement between the City of Los Altos and EMC Planning Group, Inc. for FY2023/2024/2025 in an amount not to exceed $200,000.00 to provide professional third-party environmental review services, and

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
63 Agenda Item # 4.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 13, 2023
Subject City Council Norms and Procedures
Prepared by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Draft Revised City Council Norms and Procedures
Initiated by:

City Council
Previous Council Consideration:

The City Council reviewed the Norms and Procedures on May 23, 2023.

Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Are there further revisions to the Norms and Procedures the Council wishes to consider?  Does the Council wish to adopt the updated Norms and Procedures? Summary:
 Section 1.3 of the Norms and Procedures states that Council should review the Norms and Procedures following the seating of a new Council member Staff Recommendation:

Adopt the revised Council Norms and Procedures
64 Agenda Item # 5.

Subject: City Council Norms and Procedures
June 13, 2023 Page 2
Purpose
To adopt the revised Council Norms and Procedures.

Background
The Council Norms and Procedures (Norms) were originally adopted in 2004 and are reviewed periodically by the Council. Section 1.3 of the Norms states that a review should occur after a new Council member has been seated. On May 23, 2023, Council reviewed the Norms and directed staff on additional revisions to the Norms.

Discussion/Analysis
Following the May 23, 2023 meeting, staff has included the following revisions based on Council direction:
 Added a sentence to Section 8.1 indicating that meetings of the City Council shall be held in a hybrid manner in which the public can participate in person or via videoconference  Added the phrase “which are special meetings” regarding study sessions in Section 8.5  Added that regular meeting agendas will be posted by 5:00 p.m. on the Thursday prior to the meeting in Section 9.1
 Modified Section 11.6.B regarding ceding of time to indicate that an individual may only receive time from one other speaker and that the time will be limited to a maximum of five minutes
 Removed Section 11.8.A regarding members of the public requesting reconsideration of an item
 Modified Section 11.8.B.1 regarding a Council member requesting reconsideration to change the deadline for requesting reconsideration to 144 hours in advance of the next regular meeting and to clarify that a member of the public may ask a Council member to request reconsideration
 Added language to the proposed revisions for Section 11.13 regarding Teleconferencing to clarify what type of and when disclosures occur when a member is teleconferencing Recommendation
The staff recommends Council adopt the revised Norms and procedures. 65 Agenda Item # 5.

Council Norms and Procedures
Last Amended/Adopted – June 13, 2023

CITY COUNCIL

NORMS AND PROCEDURES

COUNCILMEMBERS
Pete Dailey
Neysa Fligor
Lynette Lee Eng
Sally Meadows
Jonathan Weinberg
66 Agenda Item # 5.
2 COUNCIL NORMS AND PROCEDURES

TABLE OF CONTENTS
SECTION 1: GENERAL

1.1 Purpose

1.2 Values

1.3 Review

1.4 Compliance with Applicable Laws
SECTION 2: MAYOR AND VICE MAYOR SELECTION PROCESS

2.1 Reorganization

2.2 Election of Mayor

2.3 Election of Vice Mayor

2.4 Councilmembers Serving After a Break in Service

2.5 Appointment of Vacancy
SECTION 3: COUNCIL SUBCOMMITTEES

3.1 Responsibility

3.2 Instructions and Expectations

3.3 Reporting

3.4 Standing Subcommittees
SECTION 4: COMMISSIONS AND COMMITTEES

4.1 Responsibility

4.2 Governing

4.3 Commission Liaisons

4.4 Attendance Requirement for Commissioners

4.5 Discipline or Removal of a Commissioner
SECTION 5: AD HOC COMMITTEES AND TASK FORCES

5.1 Instructions and Expectations

5.2 Reports

5.3 Redirection

5.4 Noticing
SECTION 6: ADMINISTRATIVE MATTERS

6.1 Attendance

6.2 Correspondence

6.3 Regional Boards

6.4 Response to Public

6.5 Proclamations

6.6 Reimbursement

6.7 Training

6.8 Limited Use of Electronic Devices during Council meetings

6.9 City Mission and City Seal

6.10 Use of email
SECTION 7: COUNCIL RELATIONSHIP WITH STAFF

7.1 City Manager

7.2 Agenda Item Questions

7.3 Complaints

7.4 Staff
SECTION 8: MEETINGS

8.1 Open to Public

8.2 Broadcasting of City Council Meetings
67 Agenda Item # 5.
3 8.3 Regular Meetings

8.4 Cancelling Meetings

8.5 Special Meetings

8.6 Virtual Meetings

8.7 Closed Sessions

8.8 Annual Retreat

8.9 Quorum

8.10 Minutes

8.11 Adjourned Meetings
SECTION 9: POSTING NOTICE AND AGENDA

9.1 Posting of Notice and Agenda

9.2 Location of Posting
SECTION 10: AGENDA CONTENTS

10.1 Setting the Agenda

10.2 Description of Matters

10.3 Availability to the Public

10.4 Limitation to Act Only on Items on the Agenda

10.5 Order of Agenda

10.6 Change in Order of the Agenda

10.7 Consent Calendar

10.8 Tentative Council Calendar

10.9 Placing items on a future agenda

10.10 Council questions

10.11 Emergency Meetings
SECTION 11: PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS

11.1 Role of Mayor

11.2 Rules of Order

11.3 Appeal Procedures

11.4 Public Hearing Procedures

11.5 Staff and Consultant Reports

11.6 Public Comment

11.7 Motions

11.8 Reconsideration of a Council Action

11.9 Council Discussions and Deliberations

11.10 Councilmember Respect

11.11 Council and Staff Reports and Directions on Future Agenda Items

11.12 Conflict of Interest

11.13 Teleconferencing
SECTION 12: CLOSED SESSIONS

12.1 Purpose

12.2 Rule of Confidentiality

12.3 Breach of Rule of Confidentiality

12.4 Agenda

12.5 Permissible Topics

12.6 Rules of Decorum

12.7 Conduct of Meeting

12.8 Public Disclosure After Final Action
SECTION 13: DECORUM

13.1 Councilmembers

13.2 City Employees

13.3 Public
68 Agenda Item # 5.
4 13.4 Noise in the Chambers
SECTION 14: VIOLATIONS OF PROCEDURES
APPENDIX A: ROSENBERG’S RULES OF ORDER (SIMPLE PARLIAMENTARY PROCEDURES FOR THE 21st CENTURY)
69 Agenda Item # 5.
5 SECTION 1. GENERAL

1.1 Purpose. The purpose of these Norms and Procedures is to promote communication, understanding, fairness, and trust among the members of the City Council, staff, and members of the public concerning their roles, responsibilities, and expectations for management of the business of the City of Los Altos. The Norms also inform the public about what to expect from their elected representatives while performing their duties.

1.2 Values. Councilmembers shall represent the best interests of the City and community at large. Councilmembers shall treat fellow Councilmembers, members of the public, Commission and Committee members, and staff and consultants with respect, civility, and courtesy. All Councilmembers shall respect each other’s individual points of view and right to disagree. When addressing the public in any way, all Councilmembers shall make certain their opinions are expressed solely as their own, and do not necessarily reflect the opinions of any other Councilmember. Councilmembers shall respect and abide by the decisions of the majority of the Council at all times.

1.3 Review. The City Council shall conduct a review of this document biennially, or whenever a new Councilmember has been seated or Council deems necessary, to assist Councilmembers in being more productive in management of the business of the City. A new Council will consider the document within three months of its first regular meeting.

1.4 Compliance with Applicable Laws. All conduct of the City Council, Commissions, Committees and Subcommittees shall be in full compliance with all applicable laws, including but not limited to State laws such as the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act, as amended. If there is a conflict between the Norms and Procedures and an applicable law, the applicable law shall govern.

SECTION 2. MAYOR AND VICE MAYOR SELECTION PROCESS

2.1 Reorganization. The reorganization of the Council and the seating of new Councilmembers shall occur at a special meeting held on the earliest available Tuesday following the certification of election results, which is typically on the first Tuesday of December. If the certification is delayed because of a recount or other reason, the Council will wait until the certification is final before holding its reorganization special meeting.

Seating preferences on the dais shall be made by the Mayor, Vice Mayor and then by seniority of the rest of the members, in that order. If two members have equal seniority based on year elected, then the member with the higher vote count in their most recent election is considered to have higher seniority.

A community reception honoring the incoming and outgoing Mayor and Councilmembers will be held immediately following the reorganization meeting.

CITY OF LOS ALTOS

CITY COUNCIL NORMS AND PROCEDURES
70 Agenda Item # 5.
6 2.2 Election of Mayor. Only Councilmembers elected by the voters or appointed to the City Council due to the cancelation of an election may serve as Mayor.

The term of office shall be one year. The Councilmember must have served at least 23 months to be eligible for Mayor. A majority vote of the Council is necessary to designate the Mayor. If there is at least one elected Councilmember with a minimum of 23 months of service who has not served as Mayor, he or she shall be designated Mayor before those who have already served as Mayor.

If there are two or more such members who have served more than 23 months and have never served as Mayor, the one having served the longest time on the Council shall be designated as Mayor.

In the event there are two or more members who have never served as Mayor and have served the same length of time, the one who received the greatest number of votes at his/her/their election or re-election to the Council shall become Mayor.

In the event there are two or more members who have served as Mayor, who have served the same continuous length of time, and who have been re-elected to the Council, the one who received the greatest number of votes at his/her/their re-election to the Council shall become Mayor.

In the event three new members are elected to the Council, then an exception to Sections 2.2 and 2.3 will apply, allowing the immediate appointment of a Vice Mayor without the normal 11 months of prior service, and the following year such person may be appointed as the Mayor without the normal 23 months of prior service. Any member re-elected to the Council after a break in service will be treated in the normal sequence for appointment as Vice Mayor and Mayor, without regard to such person’s service prior to the break in service.

The Mayor may be removed from office, for cause, by a 4/5ths affirmative vote of the members. The person is to be advised of the proposed cause for removal at least 72 hours before the action is taken. Requests for an agenda item to consider removal of the Mayor should be made to the City Manager.

2.3 Election of Vice Mayor. Only Councilmembers elected by the voters or appointed to the City Council due to the cancelation of an election may serve as Vice Mayor.

The selection process for determining who shall serve as Vice Mayor will follow that of Mayor, except the Councilmember must have served at least 11 months to be eligible to serve as Vice Mayor.

The Vice Mayor may be removed from office, for cause, by a 4/5ths affirmative vote of the members. The person is to be advised of the proposed cause for removal at least 72 hours before the action is taken. Requests for an agenda item to consider removal of the Vice Mayor should be made to the City Manager.

2.4 Councilmembers Serving After a Break in Service. The time of continuous service for any elected member of the Council who previously served on the Council prior to a break in service shall be considered to have started at his/her/their election after their break in service.

2.5 Appointment of Vacancy. In the event of a vacancy of office by the death or resignation of any Councilmember, the Council shall appoint a new Councilmember within sixty (60) days 71 Agenda Item # 5.
7 after a vacancy becomes effective in compliance with the California Elections Code, unless the Council, by resolution, decides to instead call a special election. In the event of appointment, the Council shall determine the process for appointment prior to the application process and in accordance with State law.

SECTION 3. COUNCIL SUBCOMMITTEES

3.1 Responsibility. The Mayor shall appoint Councilmembers to standing and ad hoc subcommittees as required to accomplish the work of the Council, subject to affirmation by the Council at its next regular meeting. It will be the responsibility of these subcommittees to inform and make recommendations to the Council and submit them to the Council for a vote. Staff shall work with, and support, Council subcommittees as required.

3.2 Instructions and Expectations. The Council shall make certain that all Council subcommittees are properly instructed in their assigned scope of work and responsibilities.

The expected outcome of the committee’s efforts shall be defined in writing and approved by a majority of the City Council.

3.3 Reporting. Council subcommittee members are to keep the Council informed of the work and progress of their subcommittee. These reports or minutes shall be made in writing whenever a recommendation is made to the Council.

3.4 Standing Subcommittees. From time to time, the City Council may vote to establish standing subcommittees. These include: the Council Youth Commission Interview Committee, the Open Government Committee, and joint committees with the different school districts that serve Los Altos residents.

The Council Youth Commission Interview Committee consists of two members of the City Council and is responsible for conducting interviews of applicants for the Youth Commission and making recommendations to the City Council regarding the appointments. The Committee meets as needed.

The City/ School District Committees consist of two members of the City Council and two members of the Board of Trustees of the applicable School District. The purpose of the subcommittee is to facilitate communication between the two bodies on issues of mutual concern by both legislative bodies, as directed by the City Council and/or School Board.

Meetings are open to the public and are generally held at least bi-annually.

The Open Government Committee consists of two members of the City Council and advises the City Council and provides information to the City Manager on potential ways to implement the Open Government Policy. The Committee develops appropriate goals to ensure practical and timely implementation of the Open Government Policy and proposes any amendments to the Policy.

SECTION 4. COMMISSIONS AND COMMITTEES

4.1 Responsibility. The Council may appoint residents of the community to the City’s nonCouncil standing commissions and committees. Commission and committee members shall represent the interests of the community at-large when serving on these bodies. These commissions and committees will respect the public and staff and shall take seriously their responsibility for reporting to the Council. Each commission is to keep a rotation schedule 72 Agenda Item # 5.
8 for representation at City Council meetings by one of its members. Attendance is required when a commission has an item of interest on the Council agenda, so as to be available to answer Council questions.

4.2 Governing. The City’s Commissions and Committees are governed by the Commission Handbook as adopted and amended by the City Council. If there is a conflict between the Commission Handbook and the Norms and Procedures, the Commission Handbook shall control as to the Commissions and Committees.

4.3 Commission Liaisons. To facilitate the exchange of information between the Council and its Commissions, the Mayor will at least annually make liaison appointments to the Commissions. These appointments shall be ratified by the Council. Councilmembers shall respect the separation between policy making and advisory Commissions by: A) not attempting to lobby or influence Commissions on any item under their consideration; B) attending meetings of assigned Commissions, but not taking a position on an item before the Commission; C) not voting at the Commission’s meeting on any item; and D) assisting the Commission in scheduling recommendations to be heard by the Council.

If an issue arises regarding a member of any Commission, staff may work with the assigned Council Liaison to resolve the issue.

4.4 Attendance Requirement for Commissioners. Commissioners are expected to attend meetings in accordance with the Commissioner Handbook. If a Commissioner is not meeting the attendance requirement, the Commission Chair will first address the issue by talking with the Commissioner and will give the Commissioner an opportunity to meet the requirements. If the Commissioner continues to not meet the attendance requirement, the Chair can give the Commissioner an opportunity to resign from the Commission. If the Commissioner does not want to resign and continues to not meet the attendance requirement, the Chair should discuss with the staff liaison and Council liaison the appropriate action to address it.

4.5 Discipline or Removal of a Commissioner. Commissioners serve at the pleasure of the City Council. The City Council may discipline or remove a Commissioner at any time solely at the discretion of the Council. Any proposed removal can be with or without cause. A Councilmember who wishes to discipline or remove a Commissioner shall indicate their desire to place the discipline or removal on a future agenda at the end of a regular Council meeting. If three or more Councilmembers wish to agendize the discipline or removal of a certain Commissioner, the item will be placed on a Council agenda.

SECTION 5. AD HOC COMMITTEES AND TASK FORCES

5.1 Instructions and Expectations. The Council shall make certain that all Council-appointed Ad Hoc Committees and Task Forces are properly instructed in their assigned scope of work and responsibilities. The expected outcome of the Committee’s or Task Force’s efforts shall be defined in writing and formally approved by a majority of the City Council.

5.2 Reports. Ad Hoc Committees and Task Forces are responsible for keeping the Council informed about issues being considered, and their progress. This is to be accomplished by meeting minutes distributed in the Council meeting packets or through oral reports to Council. Ad Hoc Committees and Task Forces are responsible for advising the Council of any need for information or more specific instructions. 73 Agenda Item # 5.
9 5.3 Redirection. Ad Hoc Committees and Task Forces shall obtain Council concurrence before they proceed in any direction different from the original instructions of the Council.

5.4 Noticing. Per Resolution No. 2015-09, Ad Hoc Committees and Task Forces that are created by the City Council and are composed of less than a quorum of the Council and have members of City Commissions and/or members of the public on the committee are subject to the provisions of State Law.

SECTION 6. ADMINISTRATIVE MATTERS

6.1 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty. Councilmembers shall make a good faith effort to attend all such meetings unless unable. Councilmembers will notify the Mayor or the City Clerk if they will be absent from a meeting.

6.2 Correspondence. With some exceptions, proposed correspondence (including electronic) from individual Councilmembers/Mayor on City stationery shall be reviewed by the Council in draft form prior to release. On occasion, there are urgent requests for correspondence concerning legislation directly affecting municipalities. The Mayor may send a letter without first obtaining Council review if the content of the letter aligns with the Council’s position on the subject issue. A copy of the letter should be sent to all Councilmembers.

City letterhead will be made available for routine, discretionary correspondence (i.e., thank you notes, etc.), or such correspondence will be prepared by staff for signature, without prior consent of the Council. E-mails from Councilmembers should be respectful, professional, and consistent with the City’s Electronic Use Policy.

6.3 Regional Boards. The Mayor shall appoint Councilmembers to Regional Committees/Commissions/Boards as required by the governing bodies. These appointments are subject to affirmation by the Council. The role of the Council on regional boards will vary depending on the nature of the appointment. Representing the interests of Los Altos is appropriate on some boards; this is generally the case when other local governments have their own representation.

The positions taken by the appointed representatives are to be in alignment with the positions that the Council has taken on issues that directly impact the City of Los Altos. If an issue should arise that is specific to Los Altos, and the Council has not taken a position, the issue should be discussed by the Council prior to taking a formal position at a regional board meeting, to assure that it is in alignment with the Council’s position.

Council representatives to such boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council.

Councilmembers shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. If a Councilmember is unable to attend, he/she should notify his/her/their alternate as far in advance of the meeting as possible so as to allow the alternate to attend.
74 Agenda Item # 5.
10 Appointments to regional boards shall terminate upon the expiration of Councilmember’s term unless: 1) the Councilmember is reelected and can serve the full term on the regional board; or 2) action is taken by the Council to reappoint the individual to the regional board, and such appointment is consistent with the regional board’s policies.

6.4 Response to Public. It will be the responsibility of the City Manager to ensure a response is provided to all public correspondence for informational requests addressed to the Council.

Staff shall respond to all requests for services and provide a copy of such correspondence to the City Council, as appropriate.

6.5 Proclamations. Proclamations are discretionary public announcements directing attention to a local resident, organization, or event. The Mayor, without formal action of the Council, may issue proclamations. Requests for proclamations should be submitted at least one week in advance. This allows the Mayor to decide if a proclamation should be issued.

Alternatively, the Mayor, at his/her/their discretion, may refer a request to Council.

6.6 Reimbursement. City Councilmembers may be reimbursed for personal expenses for travel to and lodging at conferences or meetings related to their role as a Councilmember.

Reimbursements shall be subject to the City’s Travel and Expense Policy.

Brief reports must be given on any outside meeting attended at the expense of the City at the next regular Council meeting. Reimbursement is conditioned on the submission of this report to the City Council.

6.7 Training.

Ethics: Members of the City Council and commissions shall receive at least two hours of ethics training in general ethics principles and ethics laws relevant to his/her/their public service every two years. New members must receive this training within their first year of service. Members shall attend training sessions that are offered locally in the immediate vicinity of Santa Clara County or by completing online a state-approved public service ethics education program.

An individual who serves on multiple legislative bodies need only receive two hours of ethics training every two years to satisfy this requirement for all applicable public service positions.

Sexual Harassment: In addition, Councilmembers shall receive two hours of sexual harassment prevention training every two years, per State law. New members must receive this training within their first six months of service.

Brown Act: Members of the City Council and those individuals appointed by the City Council to serve on a commission or advisory committee will receive training on the requirements of the Brown Act at the time they begin their service and again when there is a scheduled Commission training.

Anti-Bias: At least every 2 years, Councilmembers and Commissioners will receive anti-bias training organized by the City.

Other Training. From time to time, the City Council may direct that Members of the City Council and Commissions receive training on different topics. 75 Agenda Item # 5.
11 The City Clerk is required to keep training records for five years to document and prove that these continuing education requirements have been satisfied. These documents are public records subject to disclosure under the California Public Records Act.

6.8 Use of Electronic Devices during Council Meetings. The City Council permits and promotes the utilization of technology to ensure efficient and effective conduct of the people’s business, in accordance with applicable open meetings and records laws, due process rights of interested parties, and other applicable law and city policies. i. Councilmembers’ use of electronic communications and data devices (including – but not limited to – laptop computers, cell phones, tablet computers, pagers, wearable technology, and similar devices), at a meeting during which the Councilmember is subject to the provisions of State Law shall be limited to personal use (note taking, etc.) and to access documents only available to the member (e.g., personal files stored on the cloud) or documents available to the public (e.g. documents on the City’s website, websites available to the public, etc.).
ii. At a meeting during which a Councilmember is subject to the provisions of State Law, the Councilmember may not use electronic devices to read electronic communications from, or send electronic communications to, members of the public, other Councilmembers, and parties to city proceedings. If a Councilmember receives an electronic communication which the member believes to be a family emergency, the Councilmember should ask the Mayor to take a break so the Councilmember may address the issue. The Councilmember should not read the electronic communication during the meeting.

6.9 City Mission and City Seal. The Mission of the City of Los Altos is a statement that reflects the values of our residents. The City Seal is an important symbol of the City of Los Altos.

No change to the City Mission and/or City Seal shall be made without Council approval.

Use of the City Seal shall be by permission of the City Clerk.

6.10 Use of email. City Councilmembers shall strive to use only their City email account for City business.

SECTION 7. COUNCIL RELATIONSHIP WITH STAFF

7.1 City Manager. City Councilmembers are always free to go to the City Manager to discuss any subject. Issues concerning the performance of a Department, or any employee must be directed to the City Manager. City Councilmembers shall not meet with groups of management employees for the purpose of discussing terms of employment or establishing employee policy. Direction to City employees, other than the City Manager or City Attorney, is the prerogative of the City Manager. In passing along critical information, the City Manager will be responsible for contacting all Councilmembers. The City Manager may delegate this responsibility to Department Heads.
76 Agenda Item # 5.
12 7.2 Agenda Item Questions. The Council shall not abuse, embarrass, or harass staff. If a Councilmember has a question on a subject, the Councilmember should contact the City Manager prior to any meeting at which the subject may be discussed. This does not restrict Councilmembers from asking questions during a Council meeting.

7.3 Complaints. Councilmembers shall encourage people to file all complaints related to work or services provided by City staff directly with the City Manager and the appropriate staff member. The City manager and staff shall ensure that all people receive a response. If a Councilmember receives a complaint directly, the Councilmember should forward the complaint to the City Manager. If all Councilmembers are copied on the same complaint and the City Manager is not copied, the Mayor is responsible for forwarding the complaint to the City Manager.

7.4 Staff. Councilmembers may ask Department Heads for information. This informal system of direct communication is not to be abused.

SECTION 8. MEETINGS

8.1 Open to Public. All meetings of the City Council, except for closed sessions as authorized by law, shall be open to the public. All meetings shall be noticed as required to allow action to be taken by the Council. All meetings of the City Council, with the exception of Closed Sessions, shall be held in a hybrid manner in which members of the public may participate in person or via videoconference.

8.2 Broadcasting of City Council Meetings. All regular Council meetings and study sessions shall be scheduled in the Community Meeting Chambers to allow for web streaming, unless the number of participants exceeds room capacity. The final decision shall be the responsibility of the Mayor. All regular City Council meetings and study sessions shall be video-recorded, unless the City is unable to do so due to unforeseen circumstances or circumstances beyond the City’s control in which case the meeting shall be audio-recorded.

All other public meetings of the City Council shall be audio recorded as practical. Each such video and audio recording shall be a public record subject to inspection pursuant to State Law. The video recording of meetings of the City Council shall be made available within one week of the meeting by webcast on the City’s website and shall remain on the City’s website permanently. The audio and video record of all meetings under this section shall be kept permanently.

8.3 Regular Meetings. The City Council shall conduct its regular meetings at the time and place established by ordinance. At the first regular meeting in December, the City Council will approve the schedule of meetings for the next calendar year, which shall be the Council’s adopted regular meeting schedule. This practice does not, however, preclude the Mayor or a majority of the members of the City Council from calling additional meetings pursuant to Section 8.5, if necessary. If the Council schedules a meeting that is not part of the adopted regular meeting schedule, that meeting shall be a special meeting or a study session.

It will be the custom to have a recess at approximately 9:00 p.m. Prior to the recess, the Mayor shall announce whether any items will be carried over to the next meeting. The established hour after which no new items will be started is 11:00 p.m. Remaining items, however, may be considered by consensus of the Council. 77 Agenda Item # 5.
13 8.4 Cancelling Meetings. Any meeting of the City Council may be cancelled in advance by majority vote of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed in writing to the City Manager their unavailability to attend a meeting or agreement to cancel a meeting.

8.5 Special Meetings. A special meeting may be called at any time by the Mayor or by a majority of the City Council in accordance with State Law. Written notice of any such meeting must specify the purpose of the meeting and the identities of members making the call. Notice of the meeting must be given in accordance with law. Public comments at special meetings shall be limited to only those items described on the special meeting notice/agenda.

The City Council may hold study sessions or joint meetings with other boards, commissions, committees, or agencies as deemed necessary to attend to City business. These meetings will be coordinated by the City Clerk. Study sessions, which are special meetings, are scheduled to provide Councilmembers the opportunity to better understand a particular item.

While Council may legally take action at any noticed meeting, generally no formal action is taken at study sessions. If action is to be taken at a study session, then the agenda will state that action may be taken.

8.6 Virtual Meetings. If, pursuant to applicable laws or orders, the City Council holds a virtual special or regular meeting, the requirements set forth in the Norms and Procedures shall still apply, to the extent these requirements are feasible. Any feature on the platform hosting the virtual meeting that allows members of the public and/or Councilmembers to communicate outside of the approved methods of communication for the meeting, for example a “chat” feature, shall be disabled during the meeting.

8.7 Closed Sessions. The City Council may hold closed sessions at any time authorized by law (and in consultation with the City Attorney), to consider or hear any matter, which is authorized by law. The Mayor or a majority of the City Council may call closed session meetings at any time. Requests for a closed session should be made to the City Manager.

8.8 Annual Retreat. The City Council shall hold an annual retreat following the reorganization of the Council (typically in December or January). The primary purpose of the retreat shall be to review accomplishments for the past calendar year and to discuss and set priorities for the City Council for the following calendar year. The Mayor may also work with the City Manager to organize other activities for the annual retreat such as team building exercises and having guest speaker(s). The retreat may be held over multiple days.

8.9 Quorum. Three (3) members of the City Council shall constitute a quorum and shall be sufficient to transact business. If less than three Councilmembers appear at a regular meeting, the Mayor, Vice Mayor in the absence of the Mayor, any Councilmember in the absence of the Mayor and Vice Mayor, or in the absence of all Councilmembers, the City Clerk or Deputy City Clerk, shall adjourn the meeting to a stated day and hour.

Business of the City Council may be conducted with a minimum of three members being present; however, pursuant to the California Government Code, matters requiring the expenditure of City funds and all resolutions and non-urgency ordinances must receive three affirmative votes for approval.
78 Agenda Item # 5.
14 8.10 Minutes. Staff shall prepare minutes of all public meetings of the City Council. Copies shall be distributed to each Councilmember. Closed session minutes, if any, shall be approved by all Councilmembers and kept in strict confidence.

8.11 Adjourned Meetings. The City Council may adjourn any regular, adjourned regular, special, or closed session meeting to a time and place specified in the order of adjournment and permitted by law. Similar to all sections in the Norms and Procedures, this section is subject to section 14 of the Norms and Procedures.

SECTION 9. POSTING NOTICE AND AGENDA

9.1 Posting of Notice and Agenda. For every regular, special, or study session meeting, the City Clerk or other authorized person shall post a notice of the meeting, specifying the time and place at which the meeting will be held, and an agenda containing a brief description of all items of business to be discussed at the meeting. This notice and agenda may be combined in a single document. Posting is to be in accordance with State law. The policy of the City shall be that the notice and agenda for regular meetings will be posted by 5:00 p.m. on the Thursday prior to the meeting.

9.2 Location of Posting. The notice and agenda shall be posted in accordance with State law.

SECTION 10. AGENDA CONTENTS

10.1 Setting the Agenda. The Mayor, in consultation with the City Manager or his/her/their designee, and the City Clerk shall organize the agenda.

10.2 Description of Matters. All items of business to be discussed at a meeting of the City Council shall be briefly described on the agenda. The description should set forth the proposed action to be considered so that members of the public will know the nature of the action under review and consideration.

10.3 Availability to the Public. The agenda for any regular, special, or study session meeting, shall be made available to the general public as required by law.

10.4 Limitation to Act Only on Items on the Agenda. No action shall be taken by the City Council on any item not on the posted agenda, subject only to the exceptions listed below:

A. Upon a majority determination that an “emergency exception” (as defined by State Law) exists; or
B. Upon determination by a 4/5 vote of the full City Council, or a unanimous vote if less than a full Council, that an “urgency exception” (as defined by State Law) exists and the Council needs to take immediate action and that the need to take the action came to the attention of the City Council subsequent to posting of the agenda.

C. Two Councilmembers are required to request an item be placed on the agenda for the full Council to determine if the item meets the urgency or emergency exception. This determination is done in accordance with Section 10.4A or 10.4B above and occurs soon after the Council meeting begins. If the Council votes to hear the emergency or urgency item, the item would then be placed as a discussion item on that Council meeting’s agenda.

10.5 Order of Agenda. The prescribed order of the agenda for Regular Meetings of the Council will be as follows: Establish Quorum, Pledge of Allegiance, Closed Session Announcement (if needed), Changes to the Order of the Agenda, Special Items, Public Comments on Items 79 Agenda Item # 5.
15 not on the Agenda, Consent Calendar, Public Hearings, Discussion Items, Informational Items, City Council Reports, Future Agenda Items, and Adjournment.

10.6 Changes to the Order of the Agenda. “Changes to the Order of the Agenda” will be an agenda item that is heard soon after the Council meeting begins whereby the Mayor, Councilmembers and/or City staff may request a change to the order in which agenda items are to be considered. The Mayor will ask if there are any changes to the order of the agenda.

Any requested changes will be made in the form of a motion and a vote will be taken. If there are no requests for changes, the agenda will be taken in the prescribed order.

10.7 Consent Calendar. A Councilmember may remove an item from the Consent Calendar. At the Mayor’s discretion, items removed from the Consent Calendar may be considered immediately after approval of the balance of the Consent Calendar or elsewhere in the agenda. Councilmembers shall be given the opportunity to ask a clarifying question about a consent item or make a brief comment about an item without having to remove the item from the Consent Calendar.

10.8 Tentative Council Calendar. The Tentative Council Calendar shall list items pending to come before Council within the next 12 months period and will be included as part of each Council Meeting’s Agenda Packet. City Staff will post the Tentative Council Calendar on the City’s website and make updates to the Tentative Council Calendar, as necessary.

The Tentative Council Calendar shall be included in each City Council regular meeting agenda packet as an Informational Item. Each quarter, the Tentative Council Calendar should be brought to Council as a Discussion Item for Council's review, discussion and possible action. At this time, Councilmembers may request new items be added with the required support from other Councilmembers depending on whether a staff report is required. The Councilmember requesting the item shall state the topic and which Council priority the request aligns to. Council and staff shall agree as to where the new item shall be placed on the Tentative Council Calendar.

10.9 Placing items on a future agenda. Members of the City Council may have any matter that can be legally agendized placed on the agenda of the City Council by indicating their desire to do so under that portion of the City Council agenda designated, “Future City Council Agenda Items.” Placing an item on a future agenda requires two Councilmembers to support the item if no staff work is required and three Councilmembers if staff work is required.

Unless an item is deemed an urgency exception or emergency exception, as defined in the Norms, Councilmembers shall request the placement of items on future agendas at a public Council meeting.

10.10 Council questions. Councilmembers shall strive to provide questions to city staff on agenda items as early as possible before a council meeting to allow adequate time to respond to the questions. Staff will provide all questions and answers to Council questions to all Councilmembers prior to the subject Council meeting, and, excepting attorney-client communications, to the public as soon as possible. Councilmembers shall strive to notify staff if they plan to raise a specific question at the Council meeting. If a Councilmember feels they need additional information to make a decision on an item, and the item is not time sensitive, the Councilmember may request the item be continued to a future meeting during Changes to the Order of the Agenda.
80 Agenda Item # 5.
16 10.11 Emergency Meetings. The City Council may hold an emergency meeting (as defined in State Law) without complying with either the 24-hour notice requirement, or the 24-hour posting requirement, or both of the notice and posting requirements.

SECTION 11. PROCEDURES FOR THE CONDUCT OF PUBLIC MEETINGS

11.1 Role of Mayor.

A. The Mayor is responsible for running the meeting. If the Mayor is unavailable to run a Council meeting, the Vice Mayor shall run the meeting. The Mayor shall be responsible for maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Mayor to ensure that the rules of operation and decorum contained herein are observed. The Mayor shall maintain control of communication between Councilmembers and among Council, staff and public. The Mayor has the prerogative to be the last Councilmember to vote on an item. The Mayor and Councilmembers are responsible to self-monitor their own conduct and speaking time to ensure a timely meeting.

B. Communication with Councilmembers

1. Councilmembers shall request the floor from the Mayor before speaking.

2. When one member of the Council has the floor and is speaking, other Councilmembers shall not interrupt or otherwise disturb the speaker.

C. Communication with Members of the Public Addressing the Council

1. The Mayor shall open the floor for public comment as appropriate.

2. Councilmembers may question a person addressing the Council at the conclusion of the person’s comments or upon expiration of the person’s time to speak.

3. Any staff member with an item on the agenda will be available to the City Council to answer questions arising during discussions between Councilmembers and among Councilmembers and members of the public.

4. Members of the public shall direct their questions and comments to the Council.

11.2 Rules of Order. The City Council adopts no specific rules of order except those listed herein.

The City Council shall refer to Rosenberg’s Rules of Order, as a guide for the conduct of meetings, with the following modifications:

A. Although permitted, a motion is not required prior to a general discussion on an agenda item. A pre-motion discussion allows the members to share their thoughts on the agendized item so that a motion can more easily be made that takes into account what appears to be the majority position.

B. All motions, except nominations, require a second.

C. A motion may be amended at the request of the maker and the consent of the person who seconded the motion. Such a procedure is often used to accommodate concerns expressed by other members.

D. A motion to amend may still be used.

The Mayor has the discretion to impose reasonable rules at any particular meeting based upon facts and circumstances found at any particular meeting. These latter rules will be followed unless objected to by a majority of the City Councilmembers present. 81 Agenda Item # 5.
17 11.3 Appeal Procedures. Appellants shall be given the opportunity to speak first. Appellants and applicants responding to appeals may be given a total of up to 10 minutes each to present their positions to the City Council prior to hearing public comments. Appellants shall be given up to 5 minutes of rebuttal time after public comments are heard.

11.4 Public Hearing Procedures. All land use public hearing items shall follow the following procedures:

A. Staff presentation and/or report followed by clarifying questions from the Council B. Disclosure of communications: Councilmembers shall disclose all personal communications with any individual, including, but not limited to, the project applicant, prospective project applicants, neighboring property owners, residents, or any other party regarding development projects. These disclosures shall include a full description of the nature of the discussion, and in particular, any information not presented as part of the public record
C. The Mayor shall open the public hearing
a. Applicant presentation; the applicant shall be given a total of up to 10 minutes to present to the City Council
b. The Council shall take public comments
c. Applicant rebuttal period; the applicant shall be given a total of up to 5 minutes rebuttal time. If there are no public comments, the applicant shall not be given time for rebuttal
D. The Mayor shall close the public hearing
E. Council discussion, consideration, and decision

11.5 Staff and Consultant Reports. Staff and consultant reports will be given a limit of up to 10 minutes. Staff is to assume that the Council has read all materials submitted. Council shall be given an opportunity to ask questions of staff prior to hearing public comments.

11.6 Public Comment.

A. Persons present at meetings of the City Council may comment on individual items on the agenda. During Regular City Council meetings, comments may be offered on items not on the agenda under that portion of the agenda identified for Public Comment.

B. The limit for speakers will be 1 to 3 minutes, depending on the number of speakers, and the number of items that the Council is discussing at that meeting.

A single speaker may cede their time to one other speaker. The designated speaker will be given the time which would have been allocated to the other speaker (to a maximum of five minutes). Individuals wanting to delegate time to another must be present at the meeting and must indicate their desire to cede time to a single individual by noting on a speaker card they are doing so. Persons who have ceded their time will not be permitted to speak on the topic at that meeting. Members of the public are not permitted to cede their time during quasi-judicial proceedings.

C. In order to facilitate an orderly meeting, anyone wishing to address the City Council is asked to fill out a Request to Speak card, indicating their name, address, and agenda item number/topic. A separate card is requested for each item. The request to speak cards shall be turned into the City Clerk before the item is heard by the City Council.

D. Upon addressing the Council, each speaker is requested, but not required, to first state his/her/their/their name, whom they represent and/or city of residence. 82 Agenda Item # 5.
18 E. After the speaker has completed their remarks, Councilmembers may ask questions of the speaker after being acknowledged by the Mayor. Councilmembers shall be respectful of the speakers and shall not enter into a debate with any member of the public.

F. Upon conclusion of the Public Comment section for any item, the Mayor may provide Councilmembers and/or staff with an opportunity to respond to statements made by the public.

G. All Councilmembers shall listen to all public discussion as part of the Council’s community responsibility. Individual Councilmembers should remain open-minded to comments made by the public.

H. The Mayor has the right to ask a member of the public to step down if over the allotted time or if comments are not germane.

11.7 Motions. It will be the practice of the City Council for the Mayor to provide Councilmembers an opportunity to ask questions of staff, comment on, and discuss any agendized item in order to help form a consensus before a motion is offered. After such discussion, the Mayor or any Councilmember may make a motion. Before the motion can be considered or discussed, it must be seconded. Once a motion has been properly made and seconded, the Mayor shall open the matter to full discussion offering the first opportunity to speak to the moving party, and thereafter, to any Councilmember recognized by the Mayor. Customarily, the Mayor will take the floor after all other Councilmembers have been given the opportunity to speak.

If a motion clearly contains divisible parts, any Councilmember may request the Mayor or moving party divide the motion into separate motions to provide Councilmembers an opportunity for more specific consideration.

Tie Votes: Tie votes shall be lost motions. When all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter.

If a tie vote results at a time when less than all members of the Council, who may legally participate in the matter, are present, the matter shall be automatically continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.

11.8 Reconsideration of a Council Action.

Request for Reconsideration by a Councilmember

1. Request by a member of the City Council.

Only a member of the City Council who voted in the majority may request reconsideration. The request may be made at the same meeting, or 144 hours in advance of the next regular meeting. The request needs to be supported by two (2) Councilmembers, including the requesting Councilmember, for it to be added to the agenda. A request added to an agenda shall be structured in a manner that a motion for reconsideration may be considered immediately following approval of the request for reconsideration.
83 Agenda Item # 5.
19 In presenting a request for reconsideration, the City Councilmember making the request should state orally or in writing the reason for the request, without dwelling on the specific details or setting forth various arguments. A member of the public may ask a Council member who voted in the majority to request reconsideration.

2. Motion for Reconsideration.

A motion to reconsider an action taken by the City Council may be made at the same meeting at which the action was taken (including an adjourned or continued meeting), or in accordance with Section 11.8A1. A motion to reconsider an action may be made only by a Councilmember who voted in the majority but may be seconded by any Councilmember and is debatable.

The motion must be approved by a majority of the entire City Council. At the time such motion for reconsideration is heard, testimony shall be limited to the facts giving rise to the motion.

C. Effect of Approval of Motion.

Upon approval of a motion to reconsider, and at such time as the matter is heard, the City Council shall only consider any new evidence or facts not presented previously with regard to the item or a claim of error in applying the facts.

If the motion to reconsider is made and approved at the same meeting at which the initial action was taken and all interested persons (including applicants, owners, supporters, and opponents) are still present, the matter may be reconsidered at that meeting or at the next regular meeting or intervening special meeting (subject to the discretion of the maker of the motion) and no further public notice is required.

If the motion to reconsider is made and approved at the same meeting at which the initial action was taken but all interested persons are not still present, or if the motion is made and approved at the next regular meeting or intervening special meeting, the item shall be scheduled for consideration at the earliest feasible City Council meeting and shall be re-noticed in accordance with the Government Code, the City Municipal Code and the Council Norms and Procedures. The Clerk shall provide notice to all interested parties as soon as possible when a matter becomes the subject of a motion to reconsider.

11.9 Council Discussions and Deliberations.

A. The discussion and deliberations at meetings of the City Council are to secure the mature judgment of Councilmembers on proposals submitted for decision. This purpose is best served by the exchange of thought through discussion and debate.

To the extent possible, Councilmembers should disclose any ex parte communication prior to discussion on an item.

Discussion and deliberation are regulated by these rules in order to assure every member a reasonable and equal opportunity to be heard.

B. Obtaining the Floor for Discussion.
84 Agenda Item # 5.
20 After the Council has commented on an issue, and a motion has been stated to the Council and seconded, any member of the Council has a right to discuss it after obtaining the floor. The member obtains the floor by seeking recognition from the Mayor. A member who has been recognized should limit his/her/their time to 3 minutes.

C. Speaking More Than Once.

To encourage the full participation of all members of the Council, no member or members shall be permitted to monopolize the discussion of the question. If a Councilmember has already spoken, other Councilmembers wishing to speak shall then be recognized. No Councilmember shall be allowed to speak a second time until after all other Councilmembers have had an opportunity to speak.

D. Relevancy of Discussion.

All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending question; discussion which departs is out of order. Councilmembers shall avoid repetition and strive to move the discussion along. Arguments, for or against a measure, should be stated as concisely as possible.

A motion, its nature, or consequences, may be debated vigorously. It is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or implication. It is the duty of the Mayor to instantly rule out of order any Councilmember who engages in personal attacks. It is the motion, not its proposer, that is subject to debate.

It is the responsibility of each Councilmember to maintain an open mind on all issues during discussion and deliberation. It is not necessary for all City Councilmembers to speak or give their viewpoints if another Councilmember has already addressed their concerns.

E. Mayor’s Duties During Discussion.

The Mayor has the responsibility of controlling and expediting the discussion. A Councilmember who has been recognized to speak on a question has a right to the undivided attention of the Council.

It is the duty of the Mayor to keep the subject clearly before the members, to rule out irrelevant discussion, and to restate the question whenever necessary.

F. After the Vote.

Once a majority of the Council has approved a motion, no further discussion shall be made unless the item is brought for reconsideration as described previously.

11.10 Councilmember Respect. Councilmembers shall abide by the majority decision of the Council, even if in the minority. Councilmembers appointed to serve on regional boards and committees shall maintain the Council’s position on an item, even if the Councilmember disagrees with that position.
85 Agenda Item # 5.
21 11.11 Council and Staff Reports and Directions on Future Agenda Items. Council and staff reports at the end of Council meetings shall be limited to announcing Council, Regional Board activities on which Councilmembers serve, City and City-sponsored activities.

Community groups may announce their activities during Public Comments at the beginning of Council meetings.

11.12 Conflict of Interest. If a Councilmember becomes aware of a potential conflict of interest that would require the Councilmember to not participate in a discussion or vote on an agenda item before the City Council, the Councilmember should discuss with the City Attorney prior to agenda item being heard by the City Council. The Councilmember is expected to follow the direction of the City Attorney. If the Councilmember decides to request an opinion from the California Fair Political Practices Commission (“FPPC”), the Councilmember shall disclose at the next scheduled Council Meeting that such a request has been made. If the Councilmember is still waiting for the FPPC opinion at the time the agenda item will be heard by the City Council, the Councilmember may abstain from participating until the FPPC opinion is received. Upon receiving the FPPC opinion, the Councilmember shall share the opinion with the City Council and public at the next scheduled Council meeting.

11.13 Teleconferencing. City Council members may participate in meetings via teleconference in accordance with State law (Gov. Code sec. 54953 and AB 2449). Members participating via teleconferencing must fulfill all requirements under State law. Members may participate via teleconference in no more than 20% of meetings in a calendar year (January to December), whether utilizing provisions of the traditional Brown Act or Just Cause or Emergency Circumstances. All meetings of the City Council must have a majority of members present in the physical meeting location within the City.

At the beginning of a meeting in which a member is participating via noticed teleconference, the Mayor, or the Vice Mayor if the Mayor is participating remotely, will ask the member(s) participating via teleconference to confirm the teleconference location was properly noticed according to State Law, the teleconference location is accessible to members of the public and whether anyone is present in the teleconference location besides the member. At a meeting in which a member is participating under AB 2449, the Mayor will ask the member to confirm whether a member of the public aged 18 or older is present in the room at the remote location with the member and the general nature of the relationship with any such individual.

SECTION 12. CLOSED SESSIONS

12.1 Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, state law recognizes that, in certain circumstances, public discussion could potentially jeopardize the public interest, compromise the City’s position, and could cost the taxpayers of Los Altos financially. Therefore, closed sessions shall be held from time to time as allowed by law. The procedures for the conduct of these meetings shall be the same as for public meetings, except that the public will be excluded for the closed session portion of the meeting.

Prior to convening the closed session portion of the meeting, the Mayor or City Clerk shall publicly announce the closed session items and ask for public input regarding any items on the closed session agenda.
86 Agenda Item # 5.
22 City Councilmembers shall keep all written materials and verbal information provided to them in closed session in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials shall be made to anyone other than Councilmembers, the City Attorney or City Manager, except where authorized by a majority of the City Council.

12.2 Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Councilmembers and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.

The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality for closed sessions.

12.3 Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, or documents used in a closed session except where specifically authorized by State law. Any authorized disclosure shall be in strict compliance with these rules and State Law. Violation of this rule shall be considered a breach of this rule of confidentiality.

12.4 Agenda. The agenda for a closed session will contain that information required to be disclosed pursuant to State Law.

12.5 Permissible Topics. All closed sessions will be held in strict compliance with the State Law.

The City Attorney, or his/her/their designee, will advise in advance on topics that may be discussed in a closed session.

12.6 Rules of Decorum.

A. The same high standard of respect and decorum as apply to public meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Councilmembers to disagree. Councilmembers shall strive to make each other feel comfortable and safe to express their points of view. All Councilmembers have the right to insist upon strict adherence to this rule.

B. Prior to a vote, the Mayor shall ensure that the motion is clearly stated and clearly understood by all Councilmembers.

C. The Mayor shall keep the discussion moving forward so that debate and a vote can occur in the time allotted for the closed session. The Mayor will determine the order of debate in a fair manner.

12.7 Conduct of Meeting.

A. The Mayor will call the closed session to order promptly at its scheduled time.

B. The Mayor will keep discussion focused on the permissible topics.

C. The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential.

D. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisitions or disposal, a proposed or pending claim or litigation, or employee negotiations, all contact with the other party will be through the designated City 87 Agenda Item # 5.
23 person(s) representing the City in the handling of the matter. A Councilmember, not so designated by the Council, will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter, which was discussed in the closed session, and will not communicate any discussions conducted in closed session to such party.

12.8 Public Disclosure After Final Action.

A. State Law requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final. Accordingly, the Mayor or the City Attorney shall publicly report any final action taken in closed session, and the vote, including abstentions, as directed by State Law.

B. The report may be oral or written. The report will state any reportable action taken by the Council and how each Councilmember voted, if applicable. All other closed session discussions will remain confidential. Unless authorized by the majority of the City Council and if permitted under applicable law, the report will not state the debate or discussion that occurred.

SECTION 13. DECORUM

13.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord the utmost courtesy to each other, City employees, and the public appearing before the City Council. When speaking, a Councilmember’s tone should remain neutral and non-verbal communication aspects should be considerate and polite. Formal business attire is required only when Council meetings, workshops, or study sessions are held in Community Meeting Chambers and/or televised.

13.2 City Employees. Members of the City staff shall observe the same rules of order and decorum applicable to the City Council. City staff shall act at all times in a business and professional manner towards Councilmembers and members of the public.

13.3 Public. Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. City Code Chapter 2.05, Public Meeting Rules for Conduct, shall apply to all City Council Meetings.

13.4 Noise in the Chambers. Noise emanating from the audience, whether expressing opposition or support within the Community Meeting Chambers or lobby area, which disrupts City Council meetings, shall not be permitted. All cellular phones and other consumer electronic devices shall be muted while in the chambers. Refusal is grounds for removal.

SECTION 14. VIOLATIONS OF PROCEDURES
Unless otherwise approved by at least a majority of Councilmembers or prohibited by law or due to circumstances beyond the City’s control, for example, a declared state of emergency, all Councilmembers are required to comply with these Norms and Procedures.

Nothing in these Norms and Procedures shall invalidate a properly noticed and acted upon action of the City Council in accordance with State Law. Violations of these Norms and Procedures may be subject to review under the City Council Accountability Policy.

This document shall remain in effect until modified by the City Council. 88 Agenda Item # 5.
24 AMENDED AND APPROVED: June 13, 2023.
89 Agenda Item # 5.
25 APPENDIX A
ROSENBERG’S RULES OF ORDER
90 Agenda Item # 5.

AGENDA REPORT SUMMARY

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: June 13, 2023
Subject: Los Altos Commissions
Prepared by: Anthony Carnesecca, Assistant to the City Manager Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. City of Los Altos Ordinance No. 2023-XX
Initiated by:

City Council
Previous Council Consideration:

February 21, 2023, March 28, 2023, April 25, 2023, & May 23, 2023 Fiscal Impact:

None
Environmental Review:

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.

Policy Question(s) for Council Consideration:
 Does the City Council wish to waive further reading of Ordinance No. 2023-XX that amends Los Altos Municipal Code Chapter 2.08 Commissions Generally and Chapter 2.12 Historical Commission to modify membership, meeting frequency, and powers and duties of City Commissions?
Summary:
 City Council provided feedback on Commissions during the City Council Retreat on February 21, 2023.
 City staff met with Commission Chairs and liaisons to discuss their roles.  City Council provided feedback during the City Council study session on March 28, 2023.
 City Council provided feedback during the City Council meeting on April 25, 2023. 91 Agenda Item # 6.

Subject: Los Altos Commissions
June 13, 2023 Page 2
 City Council provided feedback during the City Council meeting on May 23, 2023 and directed staff to return with the proposed changes to the Los Altos Municipal Code Sections 2.08 and 2.12.

Staff Recommendation:
 Staff recommends adoption of Ordinance No. 2023-XX that amends Los Altos Municipal Code Chapter 2.08 Commissions Generally and Chapter 2.12 Historical Commission to modify membership, meeting frequency, and powers and duties of City Commissions.

Purpose
Waive further reading of Ordinance No. 2023-XX that amends Los Altos Municipal Code Chapter

2.08 Commissions Generally and Chapter 2.12 Historical Commission to modify membership, meeting frequency, and powers and duties of City Commissions.

Background
On May 23, 2023, City Council introduced an ordinance that amends Los Altos Municipal Code Chapter 2.08 Commissions Generally and Chapter 2.12 Historical Commission to modify membership, meeting frequency, and powers and duties of City Commissions.

Discussion/Analysis
As part of the introduction of the ordinance at the City Council meeting on May 23, 2023, the Council included the following amendments:
 Moved Youth Commission eligbility from seventh grade to ninth grade  Moved sentence regarding Youth Commission Interview Committee from 2.08.110 to

2.08.030.C
 Added clause regarding Senior and Youth Commissioners to 2.08.030.D  Changed “payment” to “reimbursement” in 2.08.040
 Added “Submit an annual report to the Council” and/or “Perform other tasks and duties as assigned by the Council” to several Commissions
 Changed “cause the expenditure” to “authorize the expenditure” in 2.08.170  Added section 2.08.180 Adherence to City Policies
 Changed first sentence of 2.12.030.A to read “Work with staff to review and make recommendations on changes to the historic resources inventory” Staff Recommendation:
92 Agenda Item # 6.

Subject: Los Altos Commissions
June 13, 2023 Page 3
 Staff recommends adoption of Ordinance No. 2023-XX that amends Los Altos Municipal Code Chapter 2.08 Commissions Generally and Chapter 2.12 Historical Commission to modify membership, meeting frequency, and powers and duties of City Commissions. 93 Agenda Item # 6.

Ordinance No. 2023-___ Page 1
ORDINANCE NO. 2023-___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING LOS ALTOS MUNICIPAL CODE CHAPTER 2.08 AND CHAPTER

2.12 PERTAINING TO CITY COMMISSIONS GENERALLY AND THE

HISTORICAL COMMISSION
WHEREAS, the City of Los Altos has guidelines for the 11 Commissions regarding their scope of work, number of Commissioners, and frequency of Commission meetings within Los Altos Municipal Code Sections 2.08 and 2.12; and
WHEREAS, during the City Council retreat on February 21, 2023, the Council received a presentation from staff highlighting that Los Altos, when compared to other cities in the county, has more Commissions, with more members, that meet more frequently than is average; and
WHEREAS, the City Council discussed each of the commissions during the Study Session on March 28, 2023 and provided direction, feedback, or general thoughts; and WHEREAS, during the regular City Council meeting on April 25, 2023, City Council provided direction to City staff on the proposed changes; and WHEREAS, this ordinance will amend Los Altos Municipal Code Sections 2.08 and 2 regarding the guidelines for commissions; 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.

NOW THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT OF CODE: Chapter 2.08 of the Los Altos Municipal Code is hereby amended to read as follows:

2.08.010 Creation of commissions.

There are hereby established the following commissions in the city, with the following regular voting members:

A. Complete streets commission: Seven (7) members
AB. Environmental commission: Seven (7) members;
BC. Financial commission: Seven (7) members;
CD. Historical commission: Seven Five (5) members;
DE. Library commission: Seven Five (5) members;
EF.Parks, arts, recreation and cultural and recreation commission: Seven (7) members;
94 Agenda Item # 6.

Ordinance No. 2023-___ Page 2
FG. Planning and transportation commission: Seven (7) members; G. Design review commission: Five members;
H. Youth commission: Eleven (11) members; from school grades seven nine (9) through twelve (12); and
I. Senior Commission: Seven (7) members, age fifty-five (55) or older. Exceptions may be made for individuals with special skills which may benefit seniors;.

J. Public arts commission: Seven members; and
K. Bicycle and pedestrian advisory commission: Seven members.

2.08.020 Membership.

A. All voting members shall be appointed by the council, with the following exceptions:

1. Five Four (4) members of the library commission shall be appointed by the council and one (1) member two members of the library commission shall be appointed by the Town of Los Altos Hills city council; and

2. Five (5) members of the senior commission shall be appointed by the council and two (2) members of the senior commission shall be appointed by the Town of Los Altos Hills City Council.

B. All voting commissioners shall be residents of the city, except that:

1. Three One (1) voting members of the library commission need not be a residents;

2. Two One (1) voting members of the historical commission need not be a residents provided the criteria of Section 2.12.010 are met; and

3. Two (2) voting members of the senior commission need not be residents.

2.08.030 Terms, appointments, and vacancies.

A. Commissioners, with the exception of senior and youth commissioners, shall serve for a term of four (4) years and may be reappointed to one additional four-year term.

Terms shall be staggered and expire on the last day of March or September. A commissioner shall be appointed by a majority vote of the Council and may be removed prior to the expiration of his or her term by a majority vote of the Council, and such removal may be with or without cause.

B. Senior commissioners shall serve two-year terms with incumbents eligible to serve a total of four (4), two-year terms, in addition to an unexpired term. Terms shall be staggered and expire on the last day of MarchSeptember.

C. Youth commissioners shall be appointed from school grades seven nine (9) through twelve (12) and shall serve two-year terms with incumbents eligible to reapply for appointment for terms through and including their senior year. Terms shall be staggered and expire on June 30th. The city council's youth commission interview committee shall interview commission applicants and recommend appointments.

D. Except for Senior and Youth Commissioners, aA commissioner appointed to fill an unexpired term may be eligible for reappointment to an additional two (2) terms.

E. The two-term limit shall apply to consecutive terms only. After a lapse of two (2) years, a former commissioner may reapply for an appointment to any commission desired as a new applicant. The two-year lapse between appointments shall apply 95 Agenda Item # 6.

Ordinance No. 2023-___ Page 3
only to service on one commission. Upon leaving one commission, an individual may apply for an appointment to any other commission at any time.

F. Appointments to each commission shall be made as terms expire or when unanticipated vacancies occur.

G. Vacancies on any commission shall be filled by a majority vote of the council, except that the Town of Los Altos Hills City Council may fill two vacancies one vacancy on the library commission and two vacancies on the senior commission. An individual appointed to fill a vacancy prior to the expiration of the term for which his or her predecessor was appointed shall serve for such unexpired term.

2.08.040 Compensation
Commissioners shall serve without compensation. The council may approve payment reimbursement to commissioners of expenses incurred by them in their official capacity.

2.08.050 Organization
Annually, each commission shall elect one of its members as chair and one as vicechair, each to serve a one-year term. Each commission shall provide the time, place, and manner for holding regular and special meetings. A majority of the authorized membership of a commission shall constitute a quorum of that commission. All meetings of the commission as a whole, or any standing subcommittees, shall be open to the public and noticed in accordance with the California "Ralph M. Brown Act." State law.

2.08.060 Meetings
Each commission shall establish a regular meeting day and time and shall hold meetings as listed. All Commissions shall not hold regular meetings during the months of July and December.

A. Complete Streets Commission: once monthly
B. Environmental Commission: once monthly
C. Financial Commission: twice quarterly
D. Historical Commission: once quarterly
E. Library Commission: every other month
F. Parks, arts, recreation and cultural commission: once monthly G. Planning Commission: twice monthly
H. Senior Commission: once monthly
I. Youth Commission: once monthly
Any regular meeting may be cancelled in accordance with State Law.

2.08.0670 Powers and duties of the planning commission. 96 Agenda Item # 6.

Ordinance No. 2023-___ Page 4
The planning commission shall have those powers and duties given it by the State Planning Act (Title 7 of Chapter 3 of the Government Code of the state, commencing with Section 65100), as amended from time to time, and such other powers as granted it by the other provisions of this Municipal Code, or as may be entrusted to it by the council from time to time, and shall submit an annual report to the council.

2.08.0870 Powers and duties of the library commission.

A. The library commission shall: act in an advisory capacity to the council in all matters pertaining to the city library, shall cooperate with other governmental agencies and civic groups in the promotion of adequate and efficient library service to the citizens of the community, shall make budget recommendations to the council with regard to the library, and shall submit an annual report to the council.

A. Serve as the principal liaison between the City Council of Los Altos and Los Altos Hills and the Santa Clara County Library District, and the various community entities that help to fund the library branches, including, but not limited to, the North County Library Authority, the Los Altos Library Endowment and the Friends of the Los Altos Library;
B. Review the Los Altos Library programs, services and facilities, and make recommendations to the Council, the City Manager and/or County and Community Librarians as appropriate, for additions or modifications thereof; C. Conduct community outreach regarding the library facilities, programs and services, and report back to the Council and/or the County and Community Librarians as appropriate;
D. Perform such other tasks as may be expressly requested of it by the City Council; E. Serve as a forum for community input and engagement; F. Submit an annual report to the Council; and
G. Perform other tasks and duties as assigned by the Council.

2.08.0980 Powers and duties of the parks, art, and recreation and cultural commission.

The parks, art, and recreation and cultural commission shall: act in an advisory capacity to the council in all matters pertaining to parks and public recreation and shall cooperate with all other governmental agencies and civic groups in the advancement of sound parks and recreational planning and programming, shall make budget recommendations to the council with regard to parks and recreation, and shall submit an annual report to the council.

A. Submit an annual report to the City Council providing an update on the direction and changes to parks and recreation facilities and infrastructure, and park, art, recreation and cultural programs and activities;
B. Review and advise on programs, activities and resources designed to provide for, regulate and direct the future growth and development of parks facilities and recreation programming;
97 Agenda Item # 6.

Ordinance No. 2023-___ Page 5
C. Manage the public outdoor sculpture loan program. The commission will conduct sculpture searches, evaluate and recommend sculptures, identify sculpture locations and work with staff on placement and maintenance of sculptures; D. Annually review the inventory of art in public places and advise the city in matters pertaining to the maintenance, placement, alteration, sale, transfer, ownership and acceptance or refusal of donations of art in public places; E. Serve as a forum for community input and engagement; and F. Perform other tasks and duties as assigned by the Council.

2.08.090100 Powers and duties of the historical commission.

The historical commission shall have those powers and duties granted it by Section

2.12.030 of the Los Altos Municipal Code and/or as may be entrusted to it by the council from time to time and shall submit an annual report to the council.

2.08.1100 Powers and duties of the youth commission.

The youth commission shall act in an advisory capacity to the city council on matters relating to youth interests, youth concerns, and the need for outreach services.

The city council's youth commission interview committee shall interview commission applicants and recommend appointments.

2.08.110 Powers and duties of the design review commission.

The design review commission shall have those powers and duties granted it by other provisions of this Municipal Code, or as may be entrusted to it by the council from time to time, and shall submit an annual report to the council.

2.08.120 Powers and duties of the environmental commission.

A. The commission shall: have those powers and duties entrusted to it by the council from time to time, and shall submit an annual report to the council. The environmental commission studies and makes recommendations to council on issues that affect the natural and built environment in the city and the region.

Additional duties include special projects as directed by the council.

A. Submit an annual report to council providing an update on the implementation of the Climate Action and Adaptation Plan (CAAP) as well as updates on any relevant environmental policy or programs;
B. Review and provide recommendations for the implementation of the CAAP, including prioritization of CAAP action items. Make annual recommendations for changes or updates to the Plan;
C. Annually provide recommendations to the council that affect the natural and built environment to inform policy, budget, and CIP prioritization; D. Serve as a forum for community input and engagement; and E. Perform other tasks and duties as assigned by the Council. 98 Agenda Item # 6.

Ordinance No. 2023-___ Page 6

2.08.130 Powers and duties of the financial commission.

The commission shall have those powers and duties entrusted to it by the council including:

A. Annual review of the investment policy;
B. Annual review of independent financial audit;
C. Review of auditor selection process;
D. Review of financial projections and assumptions. This especially relates to review of revenue projections provided in the annual mid-year report which are used biennially as the basis for the service and financial plan; E. Special projects as directed by the council, city manager or finance director; and
F. Submission of an annual report to the council.

The financial commission provides resident input to the council and staff regarding financial policy issues, and promotes resident participation and understanding regarding the financial condition of the city.

2.08.140 Powers and duties of the senior commission.

The joint Los Altos/Los Altos Hills senior commission shall act in an advisory capacity to the council in all matters relating to senior interests and concerns, shall make recommendations aimed at improving the life of seniors, and shall submit an annual report to the council.

2.08.150 Powers and duties of the public arts commission.

A. The public arts commission shall act in an advisory capacity to the council in all matters pertaining to public arts programs sponsored by the city. It shall take an active role in bringing about public awareness of the visual arts as well as in the definition, execution and promotion of those programs which include, but are not limited to, exhibition of sculpture, paintings, photography, video and other visual arts. The commission shall submit an annual report to the council.

B. The primary focus of the commission is the public outdoor sculpture loan program.

The commission will conduct sculpture searches, evaluate and recommend sculptures, identify sculpture locations and work with city staff on placement and maintenance of sculptures. The commission will also assist the city with ensuring that all conditions and agreements are being met. In addition, the commission will promote artists' works through media exposure of the sculpture program.

2.08.1560 Powers and duties of the complete streets commission.

The Complete Streets Commissions shall:
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A. Submit an annual report to council providing an update on the implementation of the Complete Streets Master Plan (CSMP) as well as an update on any relevant transportation policy or programs;
B. Review and advise on the implementation of the projects outlined in the CSMP; C. Annually provide recommendations to the council on transportation-related priorities to inform policy, budget, and CIP prioritization; D. Serve as a forum for community input and engagement; and E. Perform other tasks and duties as assigned by the Council.

Help to create multi-modal transportation solutions and policies that enable safe, attractive, comfortable and independent access and travel for pedestrians, bicyclists, transit users, and motorists of all ages and abilities, including connectivity across jurisdictional boundaries.
• Shall advise the council on existing and proposed city policies related to traffic calming and traffic enforcement.
• Shall advise the council on projects and budget priorities for transportation-related capital improvements.
• Provide for community engagement and serve as a conduit for community input.

2.08.1670 Role of staff liaison.

The city manager, or his/her designee, shall appoint an individual to serve as liaison to each commission. The role of the staff liaison is to assist the commission in carrying out its responsibilities. Duties of the staff liaison shall include attending all meetings of the commission, preparing agendas in collaboration with the chair, ensuring agendas and reports are posted in compliance with state law and city protocols, researching and preparing reports for the commission, as is consistent with the work plan and/or council direction, preparing action minutes for approval by the commission, preparing reports from the commission to the council, serving as the liaison between the commission and other city staff, communicating directions from the city council to the commission, and staying apprised of new laws and city protocols related to their assigned commission or commissions generally.

2.08.170 Contract authority.

No commission shall have the power or authority to authorize the expenditure of city funds or to bind the city to any written or implied contract.

2.08.180 Adherence to City policies
Unless otherwise provided herein, Commissioners shall be bound by all City policies, including the Commission Handbook.

SECTION 2. AMENDMENT OF CODE: Chapter 2.12 of the Los Altos Municipal Code is hereby amended to read as follows:

2.12.010 Creation – Qualification and residency of members. 100
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A historical commission consisting of seven five (5) unpaid members, with the following qualifications, shall be appointed by the city council:

A. Two One (1) members who, by reason of training and experience, are is (1) knowledgeable in the field of construction and structural rehabilitation, such as a licensed architect, engineer or contractor; or (2) social/architectural historian, archeologist and/or urban planner. Such members must either reside or have a place of business within the city; provided, however, with the approval of the city council, any such members who does not maintain an office within the city may reside within the geographic area covered by the 94022 and 94024 U.S.

Postal Service zip codes.

B. Five Four (4) members appointed at large having demonstrated interest in preservation of the historic resources within the city. Such members must be residents of the city.

C. The original appointment of members of the commission shall be as provided in Section 2.08.030 of this title.

The term of office of members of the commission shall be as provided in Section

2.08.030 of this title.

2.12.020 Organization.

A. The commission shall elect annually, on or before January 31st, one of its members to serve in the office of chairman, and may elect such other officers from among its members as designated in its charter. Should a mid-year vacancy in any office occur, the commission shall elect a replacement officer at the next regular or noticed special meeting to serve until the next annual election of officers.

B. The city manager, or his/her designee, shall appoint an individual to serve as liaison to each commission. The role of the staff liaison is to assist the commission in carrying out its responsibilities. Duties of the staff liaison shall include attending all meetings of the commission, preparing agendas in collaboration with the chair, ensuring agendas and reports are posted in compliance with state law and city protocols, researching and preparing reports for the commission, as is consistent with the work plan and/or council direction, preparing action minutes for approval by the commission, preparing reports from the commission to the council, serving as the liaison between the commission and other city staff, communicating directions from the city council to the commission, and staying apprised of new laws and city protocols related to their assigned commission or commissions generally. The planning director or her/his authorized representative shall act as secretary for the historical commission, shall be the custodian of its records, shall conduct official correspondence, and shall generally supervise the clerical and technical work performed at the request or on behalf of the historical commission.

C. The historical commission shall meet quarterlymonthly, or more frequently upon call of the chairman or commission staff liaison, as necessary. All meetings shall be 101
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open to the public and a public record shall be kept of all commission proceedings and actions.

A majority of commissioners shall constitute a quorum, with the chairman having a vote. The city council shall prescribe rules and regulations for the conduct of its business, thereafter, giving the powers and authority to perform the duties hereinafter enumerated.

2.12.030 Powers and duties.

The historical commission shall be advisory only. It shall advise the city council, the planning commission and the agencies and departments of the city. The historical commission shall establish liaison and work in conjunction with such authorities to implement the purposes of this chapter. The historical commission shall have the following powers and duties:

A. Work with staff to review and make recommendations on changes to Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the city for the purpose of establishing the historic resources inventory. To qualify for inclusion in the historic resources inventory, a property must satisfy the criteria listed in this chapter. The inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the planning department;
B. Recommend to the city council specific proposals for designation as an historic landmark or historic district;
C. Recommend to the appropriate city agencies or departments, projects and action programs for the recognition, conservation, enhancement and use of the city's historic resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources;
D. Review and comment upon existing or proposed ordinances, plans or policies of the city as they relate to historic resources;
E. Review and comment upon all applications for building demolition or grading permits involving work to be performed upon or within a designated historic landmark or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any historic resource.

The commission's comments shall be forwarded to the city agency or department processing the application within thirty (30) days after receiving the request for such comments;
F. Investigate and report to the city council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of historic resources;
G. Cooperate with county, state and federal governments and with private organizations in the pursuit of the objectives of historical preservation, with the approval of and at the direction of the city council;
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HF. Provide resource information on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource including the landmark, landmark site, historic district, or neighboring property within public view and promote and conduct public information and educational programs pertaining to those resources;
IG. Submit an annual report to the City Council providing an update on the additions and deletions from the Historic Resources Inventory; Participate in, promote and conduct public information and educational programs pertaining to historic resources;
JH. Perform such other functions as may be delegated to it by resolution or motion of the city council;
KI. Cooperate with the association of the Los Altos historical museum; LJ. Submit an annual report work plan to the city council; and MK.Review and make its recommendation to the planning director on all permit applications pursuant to Article 3, Sections 12.44.100 through 12.44.170.

SECTION 3. CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

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.

The foregoing ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on May 23, 2023 and was thereafter, at a regular meeting held on June 13, 2023 passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_______________________
Melissa Thurman, MMC

CITY CLERK
103
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Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 13, 2023
Subject Conduct the public hearing, consider any written protests received, introduce and waive further reading of Ordinance No. 2023-XXX: Sanitary Sewer Rates, and find that the approval of the ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15273 and none of the circumstances in Section 15300.2 applies.

Prepared by: Jordan Taylor, Consultant, NBS
Allan Highstreet, Principal Consultant, NBS
Reviewed by: Aida Fairman, Environmental Services and Utilities Director Approved by: Gabriel Engeland, City Manager
Attachments:

1. Ordinance No. 2023-XXX

2. Fiscal Year 2023/24 Annual Report for Sewer Service Charge (June 2023) Initiated by:

Staff
Previous Council Consideration:

February 28, 2023
Fiscal Impact:

Revenue for the Sewer Enterprise Fund based on proposed rates has been incorporated into the FY 2023/24 budget.

Environmental Review:

The adoption of the proposed ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15273, in that the ordinance will set sanitary sewer fees to maintain existing sewer service within the City of Los Altos. In addition, pursuant to CEQA Guidelines Section 15061(b)(3), it can be seen with certainty that the fee increase will not have a significant effect on the environment in that sanitary sewer fees are collected to ensure that municipal wastewater treatment systems comply with applicable state and federal laws for the protection of the environment, and none of the circumstances stated in CEQA Guidelines Section 15300.2 applies. 104
Agenda Item # 7.

Subject: Conduct the public hearing, consider any written protests received, introduce and waive further reading of Ordinance No. 2023-XXX: Sanitary Sewer Rates, and find that the approval of the ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15273 and none of the circumstances in Section 15300.2 applies.

June 13, 2023 Page 2
Policy Questions for Council Consideration:
 Not applicable
Summary:
 Conduct a public hearing on proposed sanitary sewer rates and introduce and waive further reading of Ordinance No. 2023-XXX
Staff Recommendation:

Hold the public hearing, consider any written protests received before the close of the public hearing and, unless a majority protest is received, introduce and waive further reading of Ordinance No. 2023-XXX establishing the rates of the Sewer Service Charge for Fiscal Year 2023-24 and subsequent Fiscal Years Purpose
Conduct a public hearing on proposed sewer rates and introduce and waive further reading of Ordinance No. 2023-XX
Background
Los Altos Municipal Code Chapter 10.12 authorizes the City to impose sewer service charges to fund costs associated with the City’s sanitary sewer system. The City Council passed Ordinance No. 2018-445 in June 2018, establishing sewer rates that were applied for the five-year period beginning July 1, 2018. The rates increase from year to year during years two through five of the five-year period to reflect historical trends in inflation associated with the sewer system.

The prior five-year period ends in July 2023. Therefore, the City reviewed the sewer rate structure and calculation methodology with the assistance of consulting firm NBS. On February 28, 2023, the City Council approved the report for the Sewer Rate Study prepared by NBS. The report recommended continuing to use the existing sewer rate calculation methodology for the five-year period from FY 2023/24 through FY 2027/28.

Discussion/Analysis
Sanitary sewer rates are property-related fees pursuant to Proposition 218, codified at California Constitution Article XIIID, Section 6. Like with other property-related fees, a hearing on at least 45 days’ notice must be conducted before sanitary sewer fees may be increased. At the hearing, the City Council must consider any written protests received prior to the close of the public 105
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June 13, 2023 Page 3
hearing. If written protests against the increased fee are presented by a majority of owners of parcels within the City, then the City Council cannot approve the fee increase.

The requested action is to conduct the hearing, consider any written protests and, unless a majority protest is received, introduce and waive first reading of Ordinance No. 2023-XXX pertaining to Sewer Service Charges for fiscal year 2023/24 and subsequent four fiscal years. Once adopted, no further action need be taken by the City Council to cause the rates in the proposed ordinance to become effective for the periods stated.

The proposed ordinance updates information and references from the 2018 ordinance and includes current rates calculated using the existing methodology. The proposed ordinance also authorizes future rate increases up to the maximum amount set by the ordinance to be adopted by a resolution of the City Council.

Notice of the Public Hearing scheduled for this meeting was mailed to rate payers on April 7, 2023.

On June 13, 2023, the City Council may adopt the proposed ordinance, so long as there is no majority protest from affected property owners during the June 13, 2023, Public Hearing.

Recommendation
Conduct the public hearing, consider any written protests and, unless a majority protest is received, introduce and waive further reading of Ordinance No. 2023-XXX establishing the rates of the Sewer Service Charge for Fiscal Year 2023-24 and subsequent Fiscal Years 106
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Ordinance No. 2023-___ Page 1
ORDINANCE NO. 2023-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS FOR

ESTABLISHING THE RATES OF THE SEWER SERVICE CHARGE FOR FISCAL YEARS 2023/24 THROUGH 2027/28
WHEREAS, pursuant to Article 3 of Chapter 10.12 of the Los Altos Municipal Code, the City of Los Altos imposes a Sewer Service Charge upon parcels connected to the sewer system; and WHEREAS, the purpose of the Sewer Service Charge is to fund costs associated with providing sewer service; and
WHEREAS, the City engaged NBS (the “rate consultant”) to prepare a rate study recommending a revision to the Sewer Service Charge that would fairly and equitably spread the costs of sewer system operation across parcels using sewer service and would meet the requirements of California law; and
WHEREAS, the Rate Consultant has prepared a rate study entitled “Sewer Rate Study” dated March 6, 2023 (the “Study”), which is on file in the Office of the City Clerk; and WHEREAS, the Study proposed new rates for the Sewer Service Charges, to become effective over a five-year period (collectively, the “Rate Structure”); and WHEREAS, on February 28, 2023, the City Council approved the Sewer Rate Study Report prepared by NBS. The report recommended continuing to use the existing sewer rate calculation methodology for the five-year period from fiscal year (FY) 2023/24 through FY 2027/28; and WHEREAS, the City caused notice of the proposed rates for the Sewer Service Charges and a Public Hearing at which the rates would be considered to be mailed to the record owner of each parcel upon which the Sewer Service Charges were proposed to be imposed; and WHEREAS, such notice was given pursuant to section 6 of article XIII D of the California Constitution (“Proposition 218”), the Proposition 218 Omnibus Implementation Act (Section 53750 et seq. of the California Government Code) (the “Act”), and applicable law; and WHEREAS, on June 13, 2023, at 7 PM, in the City Council Chambers located at One North San Antonio Road, Los Altos, CA 94022, the City Council held the Public Hearing at which the City Council heard all oral testimony and received all written comments with respect to the proposed rates for the Sewer Service Charges and considered all written protests against the proposed rates for the Sewer Service Charges; and
WHEREAS, the City Council has determined that written protests against the proposed rates for the Sewer Service Charges have not been presented by a majority of the record owners of the parcels upon which the Sewer Service Charges are proposed to be imposed; and 107
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WHEREAS, the City Council desires to implement the rates for the Sewer Service Charges consistent with the recommendation of the Study and as set forth in Section 3 of this Ordinance; and
WHEREAS, this Ordinance is exempt from environmental review under the California Environmental Quality Act for reasons stated in the staff report.

NOW THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AFFIRMATION OF RECITALS: Each of the recitals set forth above is true and correct in all respects and are incorporated herein as findings and determinations of the City Council.

SECTION 2. APPROVAL OF RATE STUDY: The Study is hereby approved by the City Council in the form on file in the Office of the City Clerk and available for public inspection.

SECTION 3. RATES: The maximum rates of the Sewer Service Charges imposed pursuant to Section 10.12.120 of the Municipal Code and the effective dates as set forth in the table below are hereby adopted.

Sewer Rate Schedule
Proposed Yearly Sewer Rates
Year 1 Year 2 Year 3 Year 4 Year 5
FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28
Annual Charge per EDU $340.49 $391.56 $450.29 $517.83 $595.50 Volumetric Rate ($/hcf) $3.30 $3.80 $4.37 $5.03 $5.78
No further action needs to be taken by the City Council to cause the rates established by this Section to become effective. However, the City Council may, pursuant to Section 10.12.130 of the Municipal Code, adopt a resolution that delays the effective date of a scheduled rate adjustment, eliminates such adjustment, or implements increases in the rates of the Sewer Service Charges that are less than the authorized maximum rates set forth above.

SECTION 4. RATE ADJUSTMENTS: The Sewer Service Charge rate adjustment schedule set forth in Section 3 of this Ordinance was approved by the City Council following a public hearing that was noticed and conducted pursuant to Proposition 218 and the Act. Consequently, so long as revised rates established in the future by the City Council do not exceed the maximum rates set forth in Section 3, such revision shall not constitute an “increase” of the applicable Sewer Service Charge rates for purposes of the Proposition 218 or the Act. Such rate revisions shall not, therefore, require additional compliance with the procedural requirements of Proposition 218 or of the Act. The City Council hereby authorizes and directs the City Manager to implement and take all actions necessary to effectuate the rates for the Sewer Service Charges set forth herein.

SECTION 5. PRIOR SEWER SERVICE CHARGES: Notwithstanding the provisions of this Ordinance, Sewer Service Charges levied for fiscal years prior to Fiscal Year 2023/24 shall remain governed by the provisions of Chapter 10.12 of the Municipal Code as they existed prior 108
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to the effective date of this Ordinance and remain in effect until otherwise modified in accordance with this Ordinance.

SECTION 6. FINDINGS: The City Council, based upon the Study and upon such other testimony provided to it at the Hearing finds as follows:
(a) Revenues derived from the Sewer Service Charges, as imposed pursuant to this Ordinance, will not exceed the funds required to provide sewer service to the parcels subject to the Sewer Service Charges.
(b) Revenues derived from the Sewer Service Charges cannot, pursuant to Section 10.12.220 of the Municipal Code, be used for any purpose other than that for which the Sewer Service Charges are imposed.
(c) The amount of the Sewer Service Charges imposed upon each parcel do not exceed the proportional cost of sewer service attributable to that parcel. (d) The Sewer Service Charges are only imposed upon parcels that are actually connected to the sewer system, and which, therefore, either use, or have immediate ability to use, the sewer services.
(e) Sewer services are not a general governmental services as that term is used in California Constitution article XIII D, section 6(b)(5).

SECTION 7. PUBLICATION. This ordinance shall be published as provided in Government Code section 36933.

SECTION 8. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 9. EFFECTIVE DATE. This ordinance shall be effective upon the commencement of the thirty-first day following the adoption date.

The foregoing ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on June 13, 2023 and was thereafter, at a regular meeting held on June 27, 2023 passed and adopted by the following vote:

AYES:

NOES:

ABSENT:
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Ordinance No. 2023-___ Page 4
ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_______________________
Melissa Thurman, CITY CLERK
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Fiscal Year 2023/24 Annual Report For:

Sewer Service Charge
June 2023
111
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CITY OF LOS ALTOS

SEWER SERVICE CHARGE
Los Altos City Hall
1 North San Antonio Road
Los Altos, CA 94022
Phone - (650) 947-2700

CITY COUNCIL
Sally Meadows, Mayor
Jonathan Weinberg, Vice Mayor
Pete Dailey, Councilmember
Lynette Lee Eng, Councilmember
Neysa Fligor, Councilmember

CITY STAFF
Gabriel Engeland, City Manager
Aida Fairman, Environmental Services and Utilities Director Thanh Nguyen, Senior Civil Engineer
NBS
Tim Seufert, Client Services Director
Adina McCargo, Project Manager
Kristin Harvey, Administrator
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TABLE OF CONTENTS

1. INTRODUCTION ..............................................................................................................1

2. SEWER SERVICE CHARGE CALCULATION ..........................................................................2

2.1 Base Charge (Per EDU) ..................................................................................................2

2.2 Usage Charge (Per Unit of Estimated Sewer Use).........................................................2

3. SEWER SERVICE CHARGE RATES ......................................................................................3

4. WET SEASON MONTHS ...................................................................................................4

5. SUMMARY OF LAND USE CLASSIFICATIONS.....................................................................5

6. TOTAL ANNUAL CHARGES ...............................................................................................6

7. LISTING OF SEWER SERVICE CHARGES .............................................................................7

8. RESOLUTION FOR FISCAL YEAR 2023/24..........................................................................8 113
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City of Los Altos
Fiscal Year 2023/24 Annual Report – Sewer Service Charge 1

1. INTRODUCTION
The City of Los Altos (the “City”) imposes a Sewer Service Charge to fund costs associated with the City’s sanitary sewer system in accordance with its Municipal Code Chapter 10.12. The City restructured the Sewer Service Charge in July 2013 to ensure a flow-of-funds for the on-going operation and maintenance, and to fund the upgrading and refurbishing of the City’s sanitary sewer system. The main objectives for updating the rate structure were to ensure a fair and equitable charge to all sewer users and to stabilize the charges to provide needed revenue.

A study was completed in February 2018 to support increased rates beginning July 1, 2018 and ending June 30, 2023. The City Council adopted an Ordinance in July 2018 establishing the Sewer Service Charge to be applied to each of the succeeding five fiscal years.

A recent study was completed in January 2023 to support increased rates beginning July 1, 2023 and ending June 30, 2028. The City Council will review a current Ordinance in June 2023 to establish the Sewer Service Charge to be applied to each of the succeeding five fiscal years, which is comprised of a base charge per equivalent dwelling unit, plus a usage charge per estimated sewer unit. The adopted rate structure is designed to reduce volatility in the City’s sewer revenue stream and equitably allocate costs to each customer class of sewer use.

The Sewer Service Charge is levied pursuant to the California Health and Safety Code, Sections 5471 et seq. and the City’s Municipal Code Chapter 10.12. Payment of the Sewer Service Charge for each parcel will be made in the same manner and at the same time as payments are made for property taxes. This report contains the necessary data required to establish the Sewer Service Charge and is submitted for filing in the office of the City Clerk, where it shall remain open for public inspection. 114
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Fiscal Year 2023/24 Annual Report – Sewer Service Charge 2

2. SEWER SERVICE CHARGE CALCULATION
The total annual Sewer Service Charge for a parcel will be the sum of the base charge plus the usage charge. The calculation for each charge is described in this section and detailed in the City’s Municipal Code Chapter 10.12.

2.1 Base Charge (Per EDU)
The base charge is determined by multiplying the per equivalent dwelling unit (EDU) rate by the number of EDUs on each parcel. For residential parcels, 1.0 EDU is assigned for each dwelling unit (multi-family residential parcels included).

Parcels with non-residential structures or improvements shall also be assigned 1.0 EDU for the first 110 water units (or fraction thereof) of estimated sewer use for non-residential improvements on the parcel plus a number of additional EDUs (or fractions thereof) equal to the remaining estimated sewer use for non-residential improvements on the parcel divided by 110. A minimum of 1.0 EDU is assigned to each non-residential parcel or group of parcels associated with a shared meter.

Where multiple non-residential parcels share a common water meter, the equivalent dwelling units calculated based on water use measured by that meter shall be divided equally amongst the parcels sharing the meter.

2.2 Usage Charge (Per Unit of Estimated Sewer Use)
The usage charge is based on water consumption data provided by the California Water Service Company for the previous year. The three monthly billing periods which indicate the lowest total water consumption are selected as the wet seasons in that they represent a reasonable approximation of the amount of sewer usage. Water usage from the wet season months is averaged and multiplied by 12 to calculate estimated annual sewer usage. One unit is equal to 100 cubic feet of sewer use.

Where actual monthly water consumption data is not available for a water account on a parcel (as when a structure(s) on the parcel is recently connected to a water system), sewer use is estimated as the average estimated sewer use for the prior year of all parcels in the same land use. For purposes of this section, land uses are classified as follows:
• Single-Family Home
• Condominium Unit
• Multi-Family Residence (two dwelling units)
• Multi-Family Residence (three to four dwelling units) • Multi-Family Residence (five or more dwelling units)
• Church
• Commercial/Industrial
• Institutional
• Park
• School
• Government
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Fiscal Year 2023/24 Annual Report – Sewer Service Charge 3

3. SEWER SERVICE CHARGE RATES
To provide the revenue to keep up with the increase in projected revenue needs, the City is in the process of adopting an updated five-year rate structure based on a rate study completed in January 2023. Both the base charge and the usage charge per sewer unit will be increased annually each year. One unit is equal to 100 cubic feet of sewer use. The following table shows the proposed rates through Fiscal Year 2027/28 based on the rate study.

Adopted Rates FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 Per EDU (Base Charge) $340.49 $391.56 $450.29 $517.83 $595.50 Per Unit of Estimated Sewer
Use (Usage Charge) $3.30 $3.80 $4.37 $5.03 $5.78
Percentage Increase over
Prior Fiscal Year 15.0% 15.0% 15.0% 15.0% 15.0%
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City of Los Altos
Fiscal Year 2023/24 Annual Report – Sewer Service Charge 4

4. WET SEASON MONTHS
The “wet season months” are the three monthly billing periods for which the records of the California Water Service Company indicate the lowest total water consumption during that calendar year by parcels connected to the City’s sewer system that are serviced by the California Water Service Company.

In 2022, the City’s three lowest months for water use were January, February, and December. Therefore, these are the months used to calculate each individual parcel’s estimated annual sewer usage for Fiscal Year 2023/24.

The following table provides the total annual sewer usage for calendar year 2022, as provided by the California Water Service Company.

Calendar Year 2022 Total Water Consumption
for the City of Los Atos (1,2)

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
116,072 141,065 178,643 202,412 188,894 276,741 282,803 291,772 290,730 242,787 197,671 149,831 (1) Data provided by the California Water Service Company for the City of Los Altos and certain parcels located within the Town of Los Altos Hills and unincorporated areas of the Santa Clara County that are connected to the City’s sewer system. (2) One unit = 100 cubic feet of sewer use.
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Fiscal Year 2023/24 Annual Report – Sewer Service Charge 5

5. SUMMARY OF LAND USE CLASSIFICATIONS
The following summarizes the estimated annual sewer usage for properties that are connected to the City’s sewer system for Fiscal Year 2023/24.

Land Use Classification
Number of
Parcels (1)
Total Estimated
Yearly Sewer Use
(in Units) (1)
Average Sewer
Use Per Parcel (2)
Single-Family Home 10,366 1,272,590 123
Condominium Unit 1,033 61,287 59
Multi-Family Residence (two units) 65 7,624 117
Multi-Family Residence (three to four dwelling units) 11 1,248 113 Multi-Family Residence (five or more dwelling units) 68 20,690 304 Church 22 11,772 535
Commercial/Industrial 457 88,085 193
Institutional 3 24,308 8,103
Park 4 3,144 786
School 10 12,380 1,238
Government 10 6,812 681
Vacant 5 24 5
(1) Usage data includes all parcels in the City of Los Altos and in unincorporated Santa Clara County served by the City of Los Altos’s sewer program. The City’s program uses capacity and facilities provided to the program by the City of Mountain View to serve some parcels in the City of Los Altos. These parcels are charged a Sewer Service Charge by the City of Los Altos, and data for these parcels is included in the above table. The City of Los Altos compensates the City of Mountain View for access to the Mountain View sewer system by providing the Mountain View’s sewer program with access to a similar volume of service from the Los Altos system. Parcels located in Mountain View, but connected to the City’s sewer system, are receiving service from the Mountain View sewer program and are not included in the above table or subject to City’s Sewer Service Charge.

Additionally, the City of Los Altos sells sewer services, in bulk, to the Town of Los Altos Hills, and the Town uses these services to serve parcels located in Los Altos Hills. Usage by parcels in Los Altos Hills is not shown in the above table because these parcels are not subject to the Sewer Service Charge. Instead, the full cost of the services indirectly provided by the Town of Los Altos Hills parcels is covered by the direct payment to the City from the Town of Los Altos Hills. Costs of these services are not spread to parcels directly served by the City of Los Altos sewer program. (2) Average consumption based upon parcels where actual usage data was available. Developed properties that are connected to the City’s sewer system, which water consumption information is not available, are charged at the average sewer use per parcel identified above.
118
Agenda Item # 7.

City of Los Altos
Fiscal Year 2023/24 Annual Report – Sewer Service Charge 6

6. TOTAL ANNUAL CHARGES
The following summarizes the total Sewer Service Charges to be leived in Fiscal Year 2023/24, as compared to the total charges in the prior two years.

Description Fiscal Year 2023/24 Fiscal Year 2022/23 Fiscal Year 2021/22 Total Sewer Service
Charges $9,662,442.16 $8,294,902.06 $7,796,407.54
Number of parcels 12,056 12,059 12,058
119
Agenda Item # 7.

City of Los Altos
Fiscal Year 2023/24 Annual Report – Sewer Service Charge 7

7. LISTING OF SEWER SERVICE CHARGES
Santa Clara County Assessor’s (tne “Assessor”) parcel identification, for each lot or parcel subject to the Sewer Service Charge, shall be based on the Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.

A listing of Assessor’s parcels subject to the Sewer Service Charge for Fiscal Year 2023/24, along with the charge amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new Assessor’s parcels, will be submitted and/or resubmitted to the Santa Clara County Auditor/Controller. The annual charge amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the City’s Municipal Code Chapter 10.12 and charge rate approved in this report. Therefore, if a single Assessor’s parcel has a status change in development, other land use change, or subdivides into multiple Assessor’s parcels, the charge amounts applied to each of the new Assessor’s parcels shall be recalculated and applied according to the approved method outlined in the City’s Municipal Code Chapter 10.12 and charge rate rather than a proportionate share of the original charge amount. 120
Agenda Item # 7.

City of Los Altos
Fiscal Year 2023/24 Annual Report – Sewer Service Charge 8

8. RESOLUTION FOR FISCAL YEAR 2023/24
The following page presents the Resolution approving the report of Sewer Service Charges for Fiscal Year 2023/24 and directing the filing of charges for collection by the Santa Clara County Tax Collector. 121
Agenda Item # 7.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
122
Agenda Item # 7.

From: Bill Hough
To: Public Comment; City Council
Subject: public comment regarding item #7 on 6/13/2023 agenda Date: Friday, June 9, 2023 4:55:22 PM
Attachments: sewer tax letter.pdf
I continue to oppose the proposed sewer tax increase.

I object to this proposal because many residents are facing financial hardship in this highly inflationary economy, especially senior citizens on fixed incomes. Furthermore, If the city has extra money lying around to waste on a downtown theater, it can afford to absorb any increased sewer costs.

Therefore, as both a resident and a taxpayer, I oppose the sudden and significant proposed increase in the resident’s sewer bills. I disagree with the City’s opinion that no other options are available. Using theater money to cover sewer costs is one such option.

On April 20, 2023, I hand-delivered a formal written protest for the record, which was date-stamped upon delivery.

In case this letter was somehow "lost," I am attaching my copy of the letter that was also date-stamped. 123
Agenda Item # 7.

COPY
244 Mount Hamilton Avenue
Los Altos, CA 94A22
City of Los Altos--Office of the City Clerk
RE: Written Protest--Sewer Services Rates
I North San Antonio Rd.

Los Altos, CA 94022
Apnl 25,2023
Dear City Clerk:

This letter constitutes a written protest of the proposed Sewer Service Rates for the listed property address below. I am the owner of record of this property.

I protest this proposal because many residents are facing financial hardship in this highly inflationary economy, especially senior citizens on fixed incomes.

Therefore, as both a resident and a taxpayer, I oppose the sudden and significant proposed increase in resident's sewer bills. I disagree with the City's opinion that no other options are available.

Don't raise the sewer tax.

Sincerely,
.?---\
Owner Si
Owner Pri ame: The William Hough and Thanh Ly Trust dated luly 28,2022, William 'gh trustee
,t /a r /r,,-, Darc:ff2L / ){L f -i-F--------
Property Address: 244Mount Hamilton Avenue
Los Altos, CA 94022
124
Agenda Item # 7.

From: Pat Marriot
To: Public Comment
Subject: PUBLIC COMMENT ITEM #7 JUNE 13, 2023
Date: Sunday, June 11, 2023 5:03:21 PM
Council Members:

I’ve been told that the name of any person sending a sewer fee protest letter will be a matter of public record. I can’t find any such requirement in Prop 218. If true, that information should have been provided in the notice letter.

Pat Marriott
125
Agenda Item # 7.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
126
Agenda Item # 7.

From: Clifford Drowley
To: Public Comment
Subject: PUBLIC COMMENT AGENDA ITEM #7 JUNE 13, 2023
Date: Monday, June 12, 2023 6:37:32 PM
To the Honorable Mayor and City Council of Los Altos:

Like others who have commented on the 2023 sewer rate study, I believe the proposed 15% per annum rate increase over 5 years is excessive. After reading the NBS report, comparing it to the 2018 rate study, and looking at other city documents, I believe the council can act to mitigate the rate increases.

I list below a number comments and questions regarding the proposed sewer rate increase (agenda item #7in the June 13, 2023 council meeting), which I ask the council to consider carefully before deciding on the NBS proposal. I respectfully ask that the council respond to points (1-4) below during the discussion of the rate increases in the June 13 meeting. 1)
Please explain why the salaries/benefits costs (in Table I of the 2023 NBS report) have more than doubled from a projection of just over $1 million in Table I of the 2018 Sewer Rate Study to $2.2 million in the 2023 Sewer Rate Study. This $1.2M increase is a substantial fraction of the overall cost increase, yet is not documented publicly. Without this increase, I estimate the proposed increases can be reduced to 10-11% per annum from the existing proposal; this amount deserves the council’s attention. a.The source of the 2023 Table I salary/benefit data is a non-public document (footnote 4 of Table I); however, Table 15 of the 2023 NBS report lists 2023/2024 salaries and benefits which add up to $1.03M, in close agreement with the 2018 NBS report projection, AND in disagreement with the numbers in 2023 Table I. This discrepancy needs to be explained.
b.

To further add to the confusion, the listed headcount for sewers in the 2021/22 city financial report (7.5 full-time employees) is consistent with the $1M number, not the
$2.2M number.
c.

If the increase is real, where did the increased cost come from and how was it justified? The increase is about 14% of stated 2022 revenues, and the origin should be disclosed to the council and public and reviewed before accepting the NBS report.
d.

Further, if the increase is real, why can’t it be phased in over time? 2)
Another major cost component driving the rate increase is the Adobe Creek sewer replacement project, which adds about $2M of capital expense every other year for the next several years, and causes significant “bumps” in the spending rate. a.

What is the consequence of delaying the start of this work by one year (from 2024/25 to 2025/26)? Deferring this cost by one year allows more modest rate increases to cover costs (9-10% per annum if combined with a correction in item (1)). Has any study been done on this issue? Do we know how urgent the replacement work is?
127
Agenda Item # 7.
3)
The capital expenses shown in Chart 1 and Table I of the 2023 NBS report extend for years beyond 2027 and are not substantiated in public documentation; the 2023-2027 costs also may be incomplete. The current city Sanitary Sewer Master Plan is 10 years old, and although it’s well written, it is due for a comprehensive update (for example, it makes no mention of the Adobe Creek replacement). Similarly, the last Sewer System Maintenance Plan is 6 years old; it also needs updating. Without these plans being up to date, the projections of costs and rates in the 2023 NBS report are questionable. I don’t believe the issue is with NBS, per se, but with the accuracy and completeness of information provided to NBS.
4)
I would like to draw the council’s attention to Palo Alto’s very thorough FY2024 Wastewater Collection Utility business plan
(https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/citymanager-reports-cmrs/attachments/03-07-2023-id-2302-0944-ww-financial-plan-lisa.pdf ), released in March 2023.

Palo Alto is proposing a 9% increase per annum over the period covered by the NBS proposal; at the end of that period, Los Altos’ sewer fees (which are projected to more than double) will be about 33% higher than Palo Alto’s fees, if the NBS proposal is adopted.

The Palo Alto plan considers several different funding scenarios, including deferred capital expenses, in coming to this rate proposal. The NBS proposal lacks such scenario planning, potentially missing better cost solutions (cf. (1) and (2)).

Based on the above points, I urge the council to reject the NBS proposal and instead:
a.

Adopt an interim lower (~9%) increase for 2023/2024 only, leaving the subsequent 4 years TBD pending the following.
b.

Direct the city staff to update both the Master Plan and Maintenance Plan so that current information can be used for rate studies. The city should have these updated plans reviewed, signed off, and in place before adopting a long-term rate plan.
c.

Direct the city staff to revisit and justify the labor cost increases noted in (1) above and the tradeoffs of deferring the Adobe Creek project start by one year ((2) above)) or of deferring other long-term capital items, with a goal of reducing the long-term rate increases to 9% per annum, in line with our neighboring city.

I thank the mayor and council for their attention to the above points, and look forward to your responses.

Sincerely yours,
Cliff Drowley
Alma Court
128
Agenda Item # 7.

Los Altos
129
Agenda Item # 7.

Reviewed By:

City Manager City Attorney
GE JH

AGENDA REPORT SUMMARY
Meeting Date: June 13, 2023
Subject: Adoption by Reference 2021 International Property Maintenance Code Prepared by: Nick Zornes, Development Services Director Reviewed by: Jon Maginot, Assistant City Manager
Jolie Houston, City Attorney
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Draft Ordinance

2. AB 838
Initiated by:

Staff
Fiscal Impact:

None
Environmental Review:

The Ordinance amendments set forth below have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act of 1970, as amended (“CEQA”), and the guidelines promulgated thereunder and, further, said Council finds that it can be seen with certainty that there is no possibility that said amendments may have a significant effect on the environment and said amendments are therefore exempt from the requirements of the CEQA pursuant to the provisions of Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations.

Summary:
 The draft ordinance adopts by reference the 2021 International Property Maintenance Code (IPMC).
 Local amendments included are only for purposes of enabling the enforcement capabilities as outlined in the IPMC and the Los Altos Municipal Code (LMAC). 130
Agenda Item # 8.

Subject: Adoption by Reference 2021 International Property Maintenance Code Date Page 2
Staff Recommendation:

Introduce and set for public hearing the adoption by reference the 2021 International Property Maintenance Code with certain local amendments and find that the ordinance is exempt from CEQA pursuant to the provisions of Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations.

Background
California tenant protections have increasingly grown in the last several decades. Most recently, only July 1, 2022, AB 838 became effective which included an amendment to the Health and Safety Code, section 17970.5, which requires municipalities to send out an inspector once a complaint has been made. The city would then have to notify the landlord of any violations and lay out the steps necessary to bring the property up to compliance. In order to best serve the community and have outlined requirements the city proposes adopting the 2021 International Property Maintenance Code to further assist in potential violations.

Discussion/Analysis
AB 838 addresses occupancy of standard and substandard buildings, including requiring a city or county that receives a complaint of a substandard building or a lead hazard violation to inspect the building, document the lead hazard violations and identify any building, portion of a building or premises that are substandard, as applicable. The bill would require the city or county to advise the owner or operator of each violation and of each action that is required to be taken to remedy the violation and to schedule a reinspection to verify correction of the violations as well as provide free, certified copies of the inspection report and any citations issued.

Although the City of Los Altos does have its own Building & Safety Division and Code Enforcement Division both housed in the Development Services Department, the city does not have standard provisions and regulations adopted locally that further enable enforcement capabilities. The adoption of the International Property Maintenance Code (IPMC) establishes minimum requirements for the maintenance of existing buildings through model code regulations that contain clear and specific property maintenance and property improvement provisions.

Local amendments included within the draft ordinance is required for the integration of the model IPMC, with the LAMC for consistency of local enforcement actions should a violation arise. No amendments proposed within the enforcement actions deviate from the existing adopted enforcement criteria.
131
Agenda Item # 8.

Ordinance No. 2023-XX 1
ATTACHMENT 1
ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING TITLE 12 OF THE MUNICIPAL CODE BY ADDING CHAPTER 12.72 TO ADOPT BY REFERENCE THE 2021 INTERNATIONAL PROPERTY

MAINTENANCE CODE PUBLISHED BY THE INTERNATIONAL CODE
COUNCIL.

WHEREAS, the International Code Council (ICC), an internationally recognized association of professionals, maintains, amends, and updates elective model codes and standards used by local jurisdictions related to building design, construction, and compliance processes; and WHEREAS, the ICC model codes and standards include an International Property Maintenance Code; and
WHEREAS, the City utilizes the International Property Maintenance Code as a basis for its local property maintenance code; and
WHEREAS, the City reviews the ICC model codes every three years for amendments; and WHEREAS, the City's wishes to adopt the 2021 International Property Maintenance Code in its entirety with certain local amendments; and
WHEREAS, the City held a public hearing on June 13, 2023 and June 27, 2023 at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and
WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on June 13, 2023 and June 27, 2023; and WHEREAS, the Ordinance amendments set forth below have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act of 1970, as amended (“CEQA”), and the guidelines promulgated thereunder and, further, said Council finds that it can be seen with certainty that there is no possibility that said amendments may have a significant effect on the environment and said amendments are therefore exempt from the requirements of the CEQA pursuant to the provisions of Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations.

NOW THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT OF CODE:

TITLE 12. BUILDINGS AND CONSTRUCTION
SECTION 2. AMENDMENT OF CODE: Title 12, Chapter 12.72 of the Municipal Code is hereby added to read as follows:
132
Agenda Item # 8.

Ordinance No. 2023-XX 2
ATTACHMENT 1
Chapter 12.72 PROPERTY MAINTENANCE CODE
Section 12.72.010 Title.

This chapter shall be known and may be cited as the “Los Altos Property Maintenance Code” or “LAPMC” and will be referred to in this chapter as “this code.” Section 12.72.020 Adoption of the 2021 International Property Maintenance with Amendments.

The 2021 Edition of the International Property Maintenance Code as published by the International Code Council is adopted as the property maintenance code of the city of Los Altos, California, as if fully set out in this chapter, and is amended as provided in this chapter.

A copy of the 2021 LAPMC shall be maintained on file in the office of the Building Official.

Section 12.72.030 Amendment of 2021 IPMC Section 102 (Applicability).

Section 102 of the 2021 IPMC is amended as follows:
102.1-102.7 {IPMC text not modified}
102.8.1 Conflicts. Where conflicts occur between the provision of this code and the referenced standards, the provisions of this code shall apply. Where conflicts occur between the provisions of this code and California Statutes, the provisions of the latter shall apply. 102.8.2-102.11 {IPMC text not modified}
Section 12.72.040 Amendment of 2021 IPMC Section 103 (Code Compliance Agency).

Section 103 Code Compliance Agency of the 2021 IPMC is amended as follows:
103.1 Creation of agency. The Code Enforcement Division of the Development Services Department shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official in charge of the Los Altos Building & Safety Division of the Development Services Department shall be known as the code official in this chapter.
103.2 {IPMC text not modified}
103.3 Deputies. The code official shall have the authority to appoint 1 or more deputies. Such employees shall have the powers as delegated by the code official.

Section 12.72.050 Amendment of 2021 IPMC Section 105 (Duties and Powers of the Code Official).

Section 105 of the 2021 IPMC is amended as follows:
105.1-105.2 {IPMC text not modified}
105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is 133
Agenda Item # 8.

Ordinance No. 2023-XX 3
ATTACHMENT 1
authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by the code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent, or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.
105.4 – 105.7.1 {IPMC text not modified}
Section 12.72.060 Amendment of 2021 IPMC Section 107 (Means of Appeal).

Section 107 of the 2021 IPMC is amended as follows:
107.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code may appeal that decision, notice or order by filing an appeal with the city clerk within 7 calendar days of the date of service of that decision, notice, or order. The appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The appeal shall identify the real property, state the grounds for the appeal, and state all material facts in support of the appeal.
107.2 Notice of hearing. Notice of hearing and the hearing shall be conducted as provided for in Chapter 1.12 of the Los Altos Municipal Code.
107.3 Court review. Judicial review of the hearing officer’s decision shall be commenced in accordance with Cal. Code of Civil Procedure § 1094.6 no later than 90 calendar days after the decision is signed. Cal. Code of Civil Procedure § 1094.6 is hereby adopted for purposes of this Title. Review shall be in accordance with Cal. Code of Civil Procedure § 1094.5.

Section 12.72.070 Amendment of 2021 IPMC Section 109 (Violations).

Section 109 of the 2021 IPMC is amended as follows:
109.1 Unlawful acts. It is hereby declared to be unlawful and a public nuisance for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any premises, building, structure or building service equipment, or cause or permit the same to be done in violation of this code or this division.
109.2 Notice of violation. The code official shall serve a notice of violation in accordance with Section 111.4.
109.3 Prosecution of violation. Any person failing to comply with a notice of violation served in accordance with Section 111.4 shall be deemed guilty of a misdemeanor but may be charged with an infraction at the discretion of the city attorney, or civil infraction enforceable under Chapter 1.20 of the Los Altos Municipal Code as determined by the city and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate administrative, civil, or criminal proceeding to restrain, 134
Agenda Item # 8.

Ordinance No. 2023-XX 4
ATTACHMENT 1
correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of this code or of the order or direction made pursuant thereto.
109.4 Violation Penalties. Each day during any portion of which any violation of this ordinance is committed or continued by such person shall constitute a separate offense and shall be punishable as provided in this code and Title 1 of the Los Altos Municipal Code. 109.5 Abatement of violation. The city may abate a violation of this code pursuant to the abatement process set forth in the Los Altos Municipal Code.

Section 12.72.080 Amendment of 2021 IPMC Section 110 (Stop Work Order).

Section 110 of the 2021 IPMC is amended as follows:
110.1 – 110.3 {IPMC text not modified}
110.4 Failure to comply. Any person who continues any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for civil penalties pursuant to the Los Altos Municipal Code Chapter 1.20.

SECTION 3. CEQA. The City Council hereby finds and determines that this Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res.

Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Adoption of the proposed Ordinance would not be an activity with potential to cause significant adverse effect on the environment because the changes made to the California Green Buildings Standards Code within are enacted to provide more protection to the environment, and therefore is exempt from CEQA. It is also exempt from CEQA pursuant to CEQA Guidelines, § 15308 which exempts actions taken by regulatory agencies for the enhancement and protection of the environment. As such, the Ordinance is categorically exempt from CEQA, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies.

SECTION 4. The City Clerk is hereby directed to file a copy of this Ordinance with the California Building Standards Commission of the State of California.

SECTION 5. CONSTITUTIONALITY. If any section, subsection, sentence, clause, or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

SECTION 6. PUBLICATION. This ordinance shall be published as provided in Government Code section 36933.

SECTION 7. EFFECTIVE DATE. This ordinance shall be effective upon the commencement of the thirty-first day following the adoption date. 135
Agenda Item # 8.

Ordinance No. 2023-XX 5
ATTACHMENT 1
The foregoing ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on May 23, 2023, and was thereafter, at a regular meeting held on June 13, 2023, passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
___________________________
Melissa Thurman, CITY CLERK
136
Agenda Item # 8.

Assembly Bill No. 838
CHAPTER 351
An act to add Section 17970.5 to the Health and Safety Code, relating to building standards.
[Approved by Governor September 28, 2021. Filed with
Secretary of State September 28, 2021.]
legislative counsel’s digest
AB 838, Friedman. State Housing Law: enforcement response to complaints.

Existing law, the State Housing Law, a violation of which is a crime, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes a city or county to designate and charge a specified department or officer with the enforcement of the State Housing Law, the building standards published in the California Building Standards Code, or any other rules and regulations adopted pursuant to the State Housing Law for the protection of the public health, safety, and general welfare.

Existing law deems a building, portion of a building, or premises on which a building is located to be a substandard building if any one of specified conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants. Existing law deems a building, portion of a building, or premises on which a building is located to be in violation of the State Housing Law if it contains lead hazards, as specified, that are likely to endanger the health of the public or the occupants.

This bill would, beginning July 1, 2022, require a city or county that receives a complaint of a substandard building or a lead hazard violation, as described above, from a tenant, resident, or occupant, or an agent of a tenant, resident, or occupant, except as specified, to inspect the building, portion of the building intended for human occupancy, or premises of the building, document the lead hazard violations that would be discovered based upon a reasonably competent and diligent visual inspection of the property, and identify any building, portion of a building intended for human occupancy, or premises on which such a building is located that is determined to be substandard, as applicable. The bill would require the city or county, as applicable, to advise the owner or operator of each violation and of each action that is required to be taken to remedy the violation and to schedule a reinspection to verify correction of the violations. The bill would require a city or county to provide free, certified copies of an inspection report and citations issued, if any, to the complaining tenant, resident, occupant, or agent, and to all potentially affected tenants, residents, occupants, or the

94 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
137
Agenda Item # 8.
agents of those individuals, as specified. The bill would prohibit the inspection or the report from being subject to any unreasonable conditions, as specified, and prohibit a city, county, or city and county from collecting a fee, cost, or charge from a property owner or property owner's agent for any inspection of, or any inspection report about, that owner’s or agent’s property that is conducted or issued pursuant to the bill’s provisions, unless the inspection reveals one or more material lead hazard violations or deems and declares the property substandard, as described above. The bill would prohibit a city or county from unreasonably refusing to communicate with a tenant, resident, occupant, or agent regarding a matter covered by this bill.

By imposing new duties on local government officials, this bill would impose a state-mandated local program.

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 specified reasons.

The people of the State of California do enact as follows:

SECTION 1. Section 17970.5 is added to the Health and Safety Code, to read:
17970.5. (a)  Notwithstanding any other provision of this part, a city or county that receives a complaint from a tenant, resident, or occupant, or an agent of a tenant, resident, or occupant, regarding a potential violation of Section 17920.10 or regarding a building being substandard pursuant to Section 17920.3 shall do all of the following:
(1)  Inspect the building or portion thereof intended for human occupancy, including any dwelling unit, guestroom, or suite of rooms, or the premises on which it is located, that may be in violation of Section 17920.10 or that may be substandard pursuant to Section 17920.3.
(2)  Document any violations of Section 17920.10 that would be discovered based upon a reasonably competent and diligent visual inspection of the property and identify any building or portion thereof intended for human occupancy, including any dwelling unit, guestroom, or suite of rooms, or the premises on which it is located, that is determined to be substandard pursuant to Section 17920.3, as applicable. The documentation shall be included in the inspection report described in subdivision (d). (3)  As applicable, advise the owner or operator of each violation and of each action that is required to be taken to remedy the violation and schedule a reinspection to verify correction of the violations.
(b)  A city or county shall perform an inspection conducted pursuant to subdivision (a) at least as promptly as that city or county conducts an inspection in response to a request for final inspection pursuant to Section 110 of the California Building Code.
94 Ch. 351 — 2 —
138
Agenda Item # 8.
(c)  Notwithstanding subdivisions (a) and (b), a city or county is not required to conduct an inspection in response to either of the following types of complaints:
(1)  A complaint that does not allege one or more substandard conditions. (2)  A complaint submitted by a tenant, resident, or occupant who, within the past 180 days, submitted a complaint about the same property that the chief building inspector or their designee reasonably determined, after inspection, was frivolous or unfounded.
(d)  A city or county shall provide free, certified copies of an inspection report and citations issued pursuant to this section, if any, to the complaining tenant, resident, occupant, or their agent. If inspection reveals a condition potentially affecting multiple tenants, residents, or occupants, including, but not limited to, conditions relating to the premises, common areas, or structural features, then the city or county shall provide free copies of the inspection report and citations issued to all potentially affected tenants, residents, occupants, or their agents.
(e)  A city, county, or city and county shall not collect a fee, cost, or charge from a property owner or property owner’s agent for any inspection of, or any inspection report about, that owner’s or agent’s property that is conducted or issued pursuant to this section, unless the inspection reveals one or more material violations of Section 17920.10 or deems and declares the property substandard pursuant to Section 17920.3.
(f)  Nothing in this section limits or alters the existing authority of a city, county, or city and county to impose fees on rental property owners to support a rental property inspection program, or to otherwise impose generally applicable charges, fees, or assessments to cover the costs of inspections or inspection reports required by this section. (g)  An inspection or report required by this section shall not be subject to any unreasonable conditions, including any requirements that:
(1)  The tenant, resident, occupant, or agent first make a demand for correction upon the owner of the property.
(2)  The tenant be current on rent.
(3)  The tenant otherwise be in compliance with their rental agreement. (4)  The tenant, resident, or occupant not be involved in a legal dispute with the owner of the property.
(h)  A city or county shall not unreasonably refuse to communicate with a tenant, resident, occupant, or the agent of a tenant, resident, or occupant regarding any matter covered by this section.
(i)  The requirements of this section shall not be construed to impose a mandatory duty pursuant to Section 815.6 of the Government Code, and shall not be construed to affect the availability of any immunity otherwise applicable to the city or county or its employees, including, but not limited to, Sections 818.2, 818.4, 818.6, 820.2, 821, 821.2, and 821.4 of the Government Code.
(j)  (1)  An action to enforce the requirements of this section shall be brought pursuant to Section 1085 of the Code of Civil Procedure. 94 — 3 — Ch. 351
139
Agenda Item # 8.
(2)  For purposes of Section 1085 of the Code of Civil Procedure, the requirements of this section shall be construed as acts which the law specially enjoins, as a duty resulting from an office, trust, or station. (k)  This section shall become operative July 1, 2022.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code, and because the only other costs that may be incurred by a local agency or school district under this act would 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
94 Ch. 351 — 4 —
140
Agenda Item # 8.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: June 13, 2023
Subject Request to use Park-In-Lieu Funds for Parks and Recreation Facility Improvement Projects
Prepared by: Manny A. Hernandez, Parks & Recreation Director Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution Authorizing the Allocation of Park-In-Lieu Funds for Parks & Recreation Facility Improvement Projects

2. Resolution Authorizing the Allocation of Park-In-Lieu Funds for Parks & Recreation Facility Improvement Projects – Grant Park

3. Resolution Authorizing the Allocation of Park-In-Lieu Funds for Parks & Recreation Facility Improvement Projects – McKenzie Park
Initiated by:

Staff
Previous Council Consideration:

None
Fiscal Impact:

The use of PIL funds will cost an estimated $4,558,000 for FY 2023/24 Parks and Recreation Facility improvements.
- Breakdown of funds to be used:
o $4,558,000 Park-In-Lieu
- Amount already included in approved budget: Yes
- Amount above budget requested: 0
Environmental Review:

Categorically Exempt pursuant to CEQA section 15301 – Existing Facilities consisting of the operation, or minor alteration of existing public structures and facilities involving negligible or no expansion of existing or former use.
141
Agenda Item # 9.

Subject: Request to use Park-In-Lieu Funds for Parks and Recreation Facility Improvement Projects
June 13, 2023 Page 2
Policy Question(s) for Council Consideration:
 Does Council wish to appropriate funding for the projects listed in this report?  Does Council feel there is an adequate amount of funding available in the Park-In-Lieu fund to use for this?
Summary:
 Projects requesting use of park-in-lieu funds are for the development or rehabilitation of existing parks and recreational facilities within the city.  Actual expenditures of the funds for each project will go through the public process as required by the City of Los Altos and the State of California DIR.  The total cost of the FY 2023/24 parks and recreation facility projects is not expected to exceed $4,558,000.
 As of June 13, 2023, Park-In-Lieu funds are available in the amount of $8,479,000.

Staff Recommendation:

Hold a Public Hearing and adopt three Resolutions approving the use of Park-In-Lieu funds for the parks and recreation facility improvements identified in the accompanying resolution in the total amount of $4,558,000
Purpose
To approve the use of Park-In-Liu funds for park and recreation facility improvements during FY 2023/24.

Background
Park-In-Lieu funds are acquired through park and land dedication fees (M.C. Chapter 13.24) and are to only be used for providing additional park facilities or improving existing facilities. Through the budget process, staff has identified several capital improvement projects that are eligible for Park-In-Lieu fund use. Below are the 2023/24 projects identified for Park-In-Lieu funding use and their estimated cost.
 Annual Park Pathway Rehabilitation $550,000
 EOC (Community Center) Generator $600,000
 Designated Picnic Area (Heritage Oaks Park) $70,000
 Park Drainage and Drinking Fountain Replacement $180,000  Hillview Dog Park Construction $1,075,000
 Grant Park Facility (Electrical, Hot Water & HVAC) $600,000  Grant Park Basketball Court $200,000
 McKenzie Dog Park Improvements $150,000
 Shoup Park Playground $242,000
142
Agenda Item # 9.

Subject: Request to use Park-In-Lieu Funds for Parks and Recreation Facility Improvement Projects
June 13, 2023 Page 3
 Hillview Park Fitness Equipment $145,000
 Garden House Upgrades $285,000
 Hetch Hetchy Trail Vegetation Management $275,000
 Caretaker House Demo $60,000
 Apricot Orchard Irrigation $75,000
 Community Center Laundry Hook-up $23,000
 Community Center Community Garden $28,000
Discussion/Analysis
Currently, there is adequate Park-In-Lieu funding to cover the total estimated amount of the proposed 2023/24 parks and recreation facilities projects. All of the following projects are for improvements to either parks, open space or recreational facilities.

Annual Park Pathway Rehabilitation
This project provides for rehabilitation or replacement of existing bicycle and pedestrian pathway infrastructure that is in the parks system. Many of the park pathways are concrete or asphalt that are experiencing uplift from tree roots, creating trip hazards and unsightly pathways. Maintenance crews have made in-house repairs over the years, but pathways are now in need of redevelopment.

Priorities for improvements will be based on condition assessment, the City’s Pedestrian Master Plan, Bicycle Transportation Master Plan, and Parks Plan.

Emergency Operations Center (Community Center) Generator In the later part of the design phase of the Los Altos Community Center, the backup generator that was originally in the plans was removed as part of value engineering. Knowing Park-In-Lieu funding could be used at a later date to install the generator, it was cut to stay within the project budget. With the planned installation of the EOC at the community center, adding the generator back in at proportional cost is prudent. Adding the backup generator is of great community value beyond use by the EOC. It would allow the center to stay open and provide power in the event of widespread and prolonged power outages like what was experienced this winter.

Designated Picnic Area (Heritage Oaks Park)
This project is to purchase and install new picnic tables, BBQ grills, trash cans, and bulletin board to create a new reservable picnic area for the public that will follow the same occupancy limit as Grant Park picnic area. The chosen location for this park upgrade is Heritage Oaks Park. This will provide an additional option for the community to have a gathering space for small groups and reservable picnic space that can provide additional revenue for the City.

Park Drainage and Drinking Fountain Replacement
143
Agenda Item # 9.

Subject: Request to use Park-In-Lieu Funds for Parks and Recreation Facility Improvement Projects
June 13, 2023 Page 4
Some of the parks in Los Altos have aged drinking fountains that are in need of replacement. This project will fund the purchase and installation of new "hydration station" drinking fountains that include bottle fillers and dog bowl fountains. The parks targeted for this project may need extensive plumbing/drainage work, while others may be a simple switch-out with the existing drinking fountain.

Hillview Dog Park Construction
This project is construction of the permanent dog park at Hillview. It is planned to be located around the current auxiliary parking area across from the library. Funding for this project includes design & public outreach in the previous year and construction in the coming year. Construction cost includes drainage, grading, irrigation, fencing, plumbing, pathway lighting, landscape, hardscape, furniture, signage and dog play equipment.

Grant Park Facility (Electrical, Hot Water & HVAC)
The community buildings at Grant Park are aged and in need of upgrades to provide the amenities desired for the Recreation programming and services for the surrounding community. The essential need is hot water in the activity room wing and air conditioning in both wings. In order to do that the electrical components for the buildings must be upgraded. This project is to add these essentials to the buildings at Grant Park. Construction costs include facility rewiring, panel upgrades, PG&E upgrades and approvals, new and upgraded HVAC mechanical components, HVAC thermostats, HVAC control systems, hot water mechanical and plumbing connections.

Grant Park Basketball Court
The basketball court at Grant Park is the only outdoor court in Los Altos. The surface of the court is cracking and in need of replacement. Previous efforts to resurface the court failed in a short amount of time, so the entire court needs to be done, not just resurfaced. Cost for this project includes demolition and disposal of the existing court, installation of base rock, surface rock, court top surface, surface color coat, line painting and new goals and nets.

McKenzie Dog Park Improvements
This project is to improve on the pilot dog park program that is at McKenzie Park. Evaluation of the pilot program is under way, but if the program is moved past the ‘pilot’ status, this project would fund possible fencing modifications as well as surfacing improvements and furniture/play equipment for the dogs. Potential costs include grading, drainage, surface materials, plumbing, additional fencing/fencing modifications, furniture and dog play equipment. 144
Agenda Item # 9.

Subject: Request to use Park-In-Lieu Funds for Parks and Recreation Facility Improvement Projects
June 13, 2023 Page 5
Shoup Park Playground
This project is to redesign and replace the ages 2-5 children’s play structures at Shoup Park. The recommended lifespan of commercial playground equipment is 8-15 years depending on the climate and usage. Through the recently created playground replacement plan, staff set the end of life for City of Los Altos park playground equipment at between 12-15 years. The Shoup playground equipment has reached its end of life and should be replaced. The plan is to replace the play area at Shoup Park with new equipment and include a change from manufactured mulch to rubberized pour-in-place safety surfacing. This surface allows for more inclusive access to the structure and its play components, as well as a more consistently safe fall rating. The ages 5-12 playground will be replaced in the following year.

Hillview Park Fitness Equipment
This project is to redesign and replace the aged outdoor fitness equipment at Hillview Park near the Little League baseball field. Records show that the outdoor fitness equipment that is currently in place was installed prior to 2002, making it the oldest outdoor equipment currently in use. The recommended lifespan for outdoor fitness equipment is 15-20 years. This equipment has reached its end of life and should be replaced.

Garden House Upgrades
This project is to make basic upgrades to the main room and kitchen of the Garden House. The Garden house kitchen and main hall is rented on a regular basis and is highly desired by the community based on its location and setting alongside Adobe creek. The kitchen is in need of cabinet, appliance and countertop updates, while the main event room is in need of new flooring, paint and window treatments.

Hetch Hetchy Trail Vegetation Management
Per the City’s agreement with the San Francisco Public Utilities Commission that was signed in November 2022, this project will clear trees and select vegetation from the pathway that may impeded SFPUC services to the Hetch Hetchy underground water service line that serves the greater San Francisco area.

Caretaker House Demolition
This project is to demo the Caretaker House that is located in Redwood Grove. Based on the house location and condition, it is not usable as a public building and is currently being utilized as a storage facility for camp and open space restoration supplies. Staff will work with the Parks & Recreation Department camp staff and the Redwood Grove stewardship services contractor on storage solutions before demolition is scheduled.
145
Agenda Item # 9.

Subject: Request to use Park-In-Lieu Funds for Parks and Recreation Facility Improvement Projects
June 13, 2023 Page 6
Historic Apricot Orchard Drip Irrigation
The Historic apricot orchard, located in the government center, currently does not have an irrigation system. The method of irrigating the orchard is a dated, wasteful process that uses spray sprinklers. This project would purchase and install a drip system of irrigation that would better target the trees, keeping them healthier while conserving water. In addition to water conservation, healthier trees are anticipated.

Community Center Laundry Hook-Up
This project is to install a washer/dryer hookup in the community center for ease of laundering tablecloths after use by renters (additional rental cost) or internal programs. With the cost of laundering the entire set of tablecloths being approximately $900 each time they are taken to a laundry service, adding the washer/dryer connection and laundering them on-site is the best financial option.

Community Center Community Garden
This project is to build a community garden in the undeveloped back area of the new Los Altos Community Center. In cooperation with the Los Altos School District "Living Classroom" clubs, the garden will be used by the schools in the Los Altos Community. The project costs are planter boxes, pathway work, furniture, pathway lighting and irrigation systems. Sponsorship will be sought out by the Living Classroom club.

The City Council finds that Park in Lieu fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities such as the projects listed here because: (1) the neighborhoods in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the City; (2) is reasonably foreseeable that City residents will use the proposed park and recreational facilities where the fees are being used; (3) the use of the fees is consistent with the City's adopted general plan and park plan; and (4) the fees are used in compliance Los Altos Municipal Code Section 13.24.010.

Recommendation
The staff recommends:
1) City Council approve the use of Park-In-Lieu funds for the parks and recreation facility improvements identified in the accompanying resolution in the total amount of $4,558,000. 146
Agenda Item # 9.

Resolution No. 2023-XX Page 1
RESOLUTION NO. 2023-___

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

AUTHORIZING THE ALLOCATION OF PARK-IN-LIEU FUNDS FOR PARKS

AND RECREATION FACILITY IMPROVEMENT PROJECTS
WHEREAS, the City currently has $8,479,000 in the Park-In-Lieu fund to cover the cost of requested parks and recreation facility improvements in Los Altos; and WHEREAS, the City has determined through the budget process that the listed projects should be done through the use of Park In Lieu funds; and WHEREAS, The City Council of the City of Los Altos hereby authorizes the allocation of the corresponding funding not to exceed the total amount of $4,558,000 from the City’s Park-In-Lieu fund for design, materials and construction to improve parks and park facilities through the listed projects; and
WHEREAS, staff will take each project through the proper public process to select consultants, vendors and contractors to complete these projects.

NOW THEREFORE, BE IT RESOLVED,
1) The City Council finds that Park in Lieu fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities within the City because: (1) the neighborhoods in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the City; (2) is reasonably foreseeable that City residents will use the proposed park and recreational facilities where the fees are being used; (3) the use of the fees is consistent with the City's adopted general plan and park master plan; and (4) the fees are used in compliance with Los Altos Municipal Code Section 13.24.010.
2) The City Council of the City of Los Altos hereby authorizes the allocation of not to exceed a total of $4,558,000 from the City’s Park-In-Lieu fund to make the following park and recreation facility improvements.
 Annual Pathway Rehabilitation $550,000
 EOC (community Center) Generator $600,000
 Designated Picnic Area (Heritage Oaks Park) $70,000
 Park Drainage and Drinking Fountain Replacement $180,000  Hillview Dog Park Construction $1,075,000
 Shoup Park Playground $242,000
 Hillview Park Fitness Equipment $145,000
 Garden House Upgrades $285,000
 Hetch Hetchy Trail Vegetation Management $275,000
 Caretaker House Demo $60,000
 Apricot Orchard Irrigation $75,000
 Community Center Laundry Hook-up $23,000
 Community Center Community Garden $28,000
147
Agenda Item # 9.

Resolution No. 2023-XX Page 2
3) The use of the fees is consistent with the following:
(a) the City’s General Plan, Open Space, Conservation & Community Facilities Element, Park and Recreational Facilities and Programs, Goal 6: Ensure proper maintenance of parks, open space, and public facilities, Policy 4.1: Provide adequate level of maintenance for City parks, open space, and public facilities, to ensure safety, aesthetics, and recreational enjoyment for Los Altos residents; (b) the Los Altos Park Plan (2012) citing to the Redwood Grove Nature Preserve Master Plan (1980), was designed to preserve the grove as a unique resource while also improving facilities, accessibility and circulation. Since its adoption of the Master Plan, the City has followed through with many recommendations, however, there are still recommendations in that Master Plan that have yet to be implemented and should be considered as part of planning for Redwood Grove. 4) The fees are used in compliance Los Altos Municipal Code Section 13.24.010.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ____ day of ____, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
148
Agenda Item # 9.

Resolution No. 2023-XX Page 1
RESOLUTION NO. 2023-___

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

AUTHORIZING THE ALLOCATION OF PARK-IN-LIEU FUNDS FOR PARKS AND RECREATION FACILITY IMPROVEMENT PROJECTS – GRANT PARK WHEREAS, the City currently has $8,479,000 in the Park-In-Lieu fund to cover the cost of requested parks and recreation facility improvements in Los Altos; and WHEREAS, the City has determined through the budget process that the listed projects should be done through the use of Park In Lieu funds; and WHEREAS, The City Council of the City of Los Altos hereby authorizes the allocation of the corresponding funding not to exceed the total amount of $4,558,000 from the City’s Park-In-Lieu fund for design, materials and construction to improve parks and park facilities through the listed projects; and
WHEREAS, staff will take each project through the proper public process to select consultants, vendors and contractors to complete these projects.

NOW THEREFORE, BE IT RESOLVED,
1) The City Council finds that Park in Lieu fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities within the City’s Grant Park because: (1) the neighborhoods in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the City; (2) is reasonably foreseeable that City residents will use the proposed park and recreational facilities where the fees are being used; (3) the use of the fees is consistent with the City's adopted general plan and park master plan; and (4) the fees are used in compliance with Los Altos Municipal Code Section 13.24.010. 2) The City Council of the City of Los Altos hereby authorizes the allocation of not to exceed a total of $4,558,000 from the City’s Park-In-Lieu fund to make the following park and recreation facility improvements.
 Grant Park Facility (Electrical, Hot Water & HVAC) $600,000  Grant Park Basketball Court $200,000
3) The use of the fees is consistent with the following:
(a) the City’s General Plan, Open Space, Conservation & Community Facilities Element, Park and Recreational Facilities and Programs, Goal 6: Ensure proper maintenance of parks, open space, and public facilities, Policy 4.1: Provide adequate level of maintenance for City parks, open space, and public facilities, to ensure safety, aesthetics, and recreational enjoyment for Los Altos residents; (b) the Los Altos Park Plan (2012) citing to the Redwood Grove Nature Preserve Master Plan (1980), was designed to preserve the grove as a unique resource while also improving facilities, accessibility and circulation. Since its adoption of the Master Plan, the City has followed through with many recommendations, 149
Agenda Item # 9.

Resolution No. 2023-XX Page 2
however, there are still recommendations in that Master Plan that have yet to be implemented and should be considered as part of planning for Redwood Grove. 4) The fees are used in compliance Los Altos Municipal Code Section 13.24.010.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
150
Agenda Item # 9.

Resolution No. 2023-XX Page 1
RESOLUTION NO. 2023-___

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

AUTHORIZING THE ALLOCATION OF PARK-IN-LIEU FUNDS FOR PARKS AND RECREATION FACILITY IMPROVEMENT PROJECTS – McKENZIE PARK
WHEREAS, the City currently has $8,479,000 in the Park-In-Lieu fund to cover the cost of requested parks and recreation facility improvements in Los Altos; and WHEREAS, the City has determined through the budget process that the listed projects should be done through the use of Park In Lieu funds; and WHEREAS, The City Council of the City of Los Altos hereby authorizes the allocation of the corresponding funding not to exceed the total amount of $4,558,000 from the City’s Park-In-Lieu fund for design, materials and construction to improve parks and park facilities through the listed projects; and
WHEREAS, staff will take each project through the proper public process to select consultants, vendors and contractors to complete these projects.

NOW THEREFORE, BE IT RESOLVED,
1) The City Council finds that Park in Lieu fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities within the City’s McKenzie Park: (1) the neighborhoods in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the City; (2) is reasonably foreseeable that City residents will use the proposed park and recreational facilities where the fees are being used; (3) the use of the fees is consistent with the City's adopted general plan and park master plan; and (4) the fees are used in compliance with Los Altos Municipal Code Section 13.24.010. 2) The City Council of the City of Los Altos hereby authorizes the allocation of not to exceed a total of $4,558,000 from the City’s Park-In-Lieu fund to make the following park and recreation facility improvements.
 McKenzie Dog Park Improvements $150,000
3) The use of the fees is consistent with the following:
(a) the City’s General Plan, Open Space, Conservation & Community Facilities Element, Park and Recreational Facilities and Programs, Goal 6: Ensure proper maintenance of parks, open space, and public facilities, Policy 4.1: Provide adequate level of maintenance for City parks, open space, and public facilities, to ensure safety, aesthetics, and recreational enjoyment for Los Altos residents; (b) the Los Altos Park Plan (2012) citing to the Redwood Grove Nature Preserve Master Plan (1980), was designed to preserve the grove as a unique resource while also improving facilities, accessibility and circulation. Since its adoption of the Master Plan, the City has followed through with many recommendations, 151
Agenda Item # 9.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
152
Agenda Item # 9.

AGENDA REPORT SUMMARY

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: June 13, 2023
Subject: Los Altos FY23-24 Budget
Prepared by: June Du, Finance Director
Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. City of Los Altos Resolution No. 2023-XX Financial Policy

2. City of Los Altos Resolution No. 2023-XX FY23-24 Appropriations Limit

3. City of Los Altos Resolution No. 2023-XX FY23-24 Fee Schedule

4. City of Los Altos Resolution No. 2023-XX FY23-24 Salary Schedule

5. City of Los Altos Resolution No. 2023-XX FY23-24 Utility User Tax

6. City of Los Altos Resolution No. 2023-XX FY23-24 Transient Occupancy Tax

7. City of Los Altos Resolution No. 2023-XX FY23-24 Operating Budget

8. City of Los Altos Resolution No. 2023-XX FY24-28 Capital Improvement and Major Maintenance Program

9. FY23-24 Operating Budget and FY24-28 Five-Year Capital Improvement and Major Maintenance Program
Initiated by:

City staff
Previous Council Consideration:

None
Fiscal Impact:

None
Environmental Review:

These resolutions are exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended.

Policy Question(s) for Council Consideration:
 Does the City Council wish to adopt the Financial Policy?  Does the City Council wish to adopt the Appropriations Limit?  Does the City Council wish to adopt the FY23-24 Fee Schedule?  Does the City Council wish to adopt the FY23-24 Salary Schedule? 153
Agenda Item # 10.

Subject: FY23-24 Budget
June 13, 2023 Page 2
 Does the City Council wish to adopt the FY23-24 Utility User Tax?  Does the City Council wish to adopt the FY23-24 Transient Occupancy Tax?  Does the City Council wish to adopt the FY23-24 Operating Budget?  Does the City Council wish to adopt the FY24 FY24-28 Capital Improvement and Major Maintenance Program?
Summary:
 The City continues to focus on fiscal sustainability while balancing the need to increase levels of services throughout the City by creating a balanced budget with a $0.24 million surplus from the General Fund.
 Auditors have conferred an “Unmodified Audit Opinion” on the City financial statements, which is the highest rating that can be obtained.
 General Fund reserves are set at the minimum required level and Internal Services Funds are replenished from previous years’ drawdowns.

Staff Recommendation:
 Staff recommends adoption of the following items:
o City of Los Altos Resolution - Financial Policy
o City of Los Altos Resolution - Appropriations Limit
o City of Los Altos Resolution - FY23-24 Fee Schedule
o City of Los Altos Resolution - FY23-24 Salary Schedule o City of Los Altos Resolution - FY23-24 Utility User Tax o City of Los Altos Resolution - FY23-24 Transient Occupancy Tax o City of Los Altos Resolution - FY23-24 Operating Budget o City of Los Altos Resolution - FY24-28 Capital Improvement and Major Maintenance Program
Purpose
City Council will consider the attached resolutions that will approve the Financial Policy, the Appropriations Limit, the FY23-24 Fee Schedule, the FY23-24 Salary Schedule, FY23-24 Utility User Tax, FY23-24 Transient Occupancy Tax, FY23-24 Operating Budget, and FY24-28 Capital Improvement and Major Maintenance Program that allows the City to continue operations in the new fiscal year.
154
Agenda Item # 10.

Subject: FY23-24 Budget
June 13, 2023 Page 3
Background
The FY23-24 Operating Budgets and five-year FY 2024-28 Capital Improvement and Major Maintenance Plan (CIMMP) are the result of months of preparation by the Council, Finance Commission, and staff.

The proposed budget is a one-year budget as opposed to previous years that were biennial budgets, which will allow the City to react more expeditiously to changing conditions within the City. This budget is also a zero-based budget where the Executive team met weekly over the course of several months in preparation for the budget adoption. Every proposed expenditure was presented to the Executive team to verify that the expenditure was both necessary and financially-prudent for the City.

On May 30, 2023, City staff presented the budget book to the Finance Commission, where the commission members unanimously recommended approval of the budget by City Council.

Discussion/Analysis
Citywide Revenues
The FY23-24 proposed Citywide revenue is $71.11 million, of which, $53.6 million, 75%, are from the General Fund. The top five revenues for the City are property tax, utility user fee, charges for services, sales tax, and licenses and permits totaling 79.64% of the total City’s revenues.

Property Tax – Property tax, the largest source of revenue for the City, is estimated to increase 2% compared to the previous fiscal year at $33.3 million in FY23-24, including secured and unsecured property tax, Supplemental property tax, homeowner tax relief, ERAF, and document transfer tax.

Utility User Fee – The City provides sewer services for both residential and commercial customers within the City’s limits and is expected to receive $9.7 million in revenue, including the charges on the property tax roll, not on the property tax roll, and sewer connection fee.

Charges for Services – The City charges for services provided through a plan review fee, engineering review fee, building inspection fee, traffic impact fee, in lieu park land fee, public art fee, and other miscellaneous fees on forecasted housing and development projects, which is expected to include $6.67 million in revenue, $3.01 million from General Fund, and $3.61 million from Special Revenue Funds. The General Fund revenue projection decreased by $1 million by comparing with the previous fiscal year mainly due to the catch-up from the two years during the pandemic.
155
Agenda Item # 10.

Subject: FY23-24 Budget
June 13, 2023 Page 4
Sales Tax – Sales tax is projected at $3.6 million in FY23-24, where the City receives a full 1% Bradley Burns share out the 9.125% sales tax rate. This revenue source is fully recovered from the pandemic and fairly flat by comparison to the previous fiscal year.

Licenses and Permits – Licenses and Permits are expected to generate $3.32 million, representing

4.67% of total revenue. This revenue is the main source for the City’s General Fund and is tied to forecasted housing and development projects. This projection is lower than previous fiscal years due to the catch-up from the two years during the pandemic.

Citywide Expenditures
Salary and Benefit – The cost of salaries and benefits is projected at $29.2 million, representing

44.89% of the operating expenditure budget, which is a $2.12 million increase from the previous fiscal year.

Insurance – The City participates in the Bay Cities Join Power Insurance risk pool for general liability insurance and workers compensation premium totaling $2.185 million, which is an increase of $0.52 million from the previous fiscal year.

CalPERS unfunded accrual liability (UAL) and other post-employment benefits (OPEB) – Los Altos is striving to lower UAL and OPEB costs by contributing additional discretionary payments to CalPERS. Starting this past year, the City established a separate fund reserve for future additional payments. The current funding status for UAL is 103% for PEPRA plans (Safety and Miscellaneous), and 76% for Classic plans (Safety and Miscellaneous). In FY23-24, the City’s UAL payment is $3.24 million and the City’s General Fund will also contribute $0.5 million to the reserve.

Non-Profit and Civic Organization Contribution – At the May 23 City Council meeting, City Council approved contributions to the following organizations totaling $237,708:
 CHAC- $60,208
 CSA (Directed to develop contract) - $25,000
 Chamber of Commerce (Directed to develop contract) - $67,500  History Museum (Contract) - $65,000
 Women SV - $20,000
General Fund
The proposed General Fund revenue is $53.67 million and the proposed expenditure is $51.16 million, with the transfer out of $0.76 million to the internal services fund creating a $1.74 million 156
Agenda Item # 10.

Subject: FY23-24 Budget
June 13, 2023 Page 5
net change. The City’s fiscal policy reserve requirement is 20% of the General Fund operating expenditures. After meeting the fiscal policy reserve requirement, the General Fund has a surplus of 0.24 million.

The estimated unassigned unrestricted General Fund beginning balance is $7.3 million, with $0.24 million surpluses, and the available unassigned unrestricted General Fund balance on June 30, 2024, is $7.54 million. The staff is proposing to fund a facility reserve for the aging city facilities and replenish the Internal Services fund and Equipment Replacement Fund with the list below.

The total of those transfers is $3 million, and the estimated General Fund unassigned unrestricted ending balance after the transfers is $4.5 million.
 Facility Reserve: $1 million
 PERS & OPEB Reserve: $0.5 million
 Dental Fund: $0.5 million
 General liability Fund: $0.5 million
 Equipment Replacement Fund: $0.5 million
FY24-28 Capital Improvement and Major Maintenance Program The City of Los Altos prepares the Capital Budget as part of the Operating Budget, which appropriates funds for specific programs and projects and is reviewed annually to enable the City Council to reassess projects in the program.

A capital project typically involves the purchase or construction of major fixed assets such as land, buildings, and any permanent improvement including additions, replacements, and major alterations having a long-life expectancy. Additionally, capital projects may apply to:
1) expenditures that take place over two or more years and require continuing appropriations beyond a single fiscal year; 2) systematic acquisitions over an extended period of time, or 3) scheduled replacement of specific elements of physical assets. Generally, only those items costing $10,000 or more are considered as capital projects.

In FY23-24, the City also identifies projects in the Major Maintenance Program. Those projects mainly apply to: 1) upgrading and maintaining buildings & transportation corridors at current, competitive standards; 2) addressing code and safety issues, mechanical, electrical, and plumbing systems, exterior and structural shortcomings, cosmetics, and immediate landscape issues; 3) dollars needed to extend the life of whatever is being corrected for the cycle of life designated for the building (typically ten years).
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Subject: FY23-24 Budget
June 13, 2023 Page 6
All Capital Improvement projects are nonrecurring capital expenditures, and all Major Maintenance Projects are recurring expenditures. In FY23-24, the City plans to appropriate $29.8 million for 71 projects in Capital Improvement and Major Maintenance Program under the below categories with more detailed project listings in the program resolution:
 Civic Facilities-Buildings
 Civic Facilities-Parks and Trails
 Community Development
 Downtown Development
 Equipment & Vehicles
 Infrastructure
 Studies
 Technology
 Transportation-Pedestrian/Bicycle Safety
 Transportation-Streets/Roadways
 Wastewater Systems
Staff Recommendation:
 Staff recommends adoption of the following items:
o City of Los Altos Resolution No. 2023-XX Financial Policy o City of Los Altos Resolution No. 2023-XX Appropriations Limit o City of Los Altos Resolution No. 2023-XX FY23-24 Fee Schedule o City of Los Altos Resolution No. 2023-XX FY23-24 Salary Schedule o City of Los Altos Resolution No. 2023-XX FY23-24 Utility User Tax o City of Los Altos Resolution No. 2023-XX FY23-24 Transient Occupancy Tax o City of Los Altos Resolution No. 2023-XX FY23-24 Operating Budget o City of Los Altos Resolution No. 2023-XX FY24-28 Capital Improvement and Major Maintenance Program
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Resolution No. 2021-XX Page 1
ATTACHMENT 1
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADOPTING CITY’S FINANCIAL POLICY
WHEREAS, Finance Commission reviews the City’s financial policy annually; and WHEREAS, in the fiscal year 2023-2024, the City changed the budget process from biannual to annul, and
WHEREAS, Finance Commission reviewed the revised financial policy on May 15th and made further recommendations, and
WHEREAS, Finance Commission reviewed the revised financial policy on May 30th and recommend the staff to bring the policy to the City Council for adoption, and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the following:

1. Adopted revised financial policy
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
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FINANCIAL POLICY

OVERVIEW
This document establishes policies of for overall financial management, budget development, and fiscal administration for the City of Los Altos. Included herein are statements and principles designed to guide the City in maintaining its financial stability.

Formal adopted financial policies assist elected officials and staff in the development of fiscal management practices, save time and energy in making financial decisions, promote public confidence, and provide continuity over time. While these policies will be updated periodically, they provide the basic framework for many of the financial decisions that the City will address. They support long-term planning and enhance the City's effectiveness.

This document discusses the most important elements of financial management in one comprehensive centralized format and is organized into the following areas of discussion:
 General Financial Principles
 Operating Budget
 Capital Improvements Program
 Revenues
 Expenditures
 Cash and Investment Management
 Debt Management
 Fund Balances and Reserves
 Financial Reporting and Audit
 Internal Control of the Financial Enterprise System
 Annual Review and Update
 Exhibits

GENERAL FINANCIAL PRINCIPLES
It is the overall policy of the City of Los Altos to:
 Provide financial information in a relevant, thorough, timely fashion, and in a format that effectively communicates financial status to Council, citizens, and City employees.  Manage its financial resources in a responsible and planned manner.  Establish and maintain prudent fund balance levels.
 Maintain financial reporting in compliance with current governmental accounting standards.  Promote and implement a relevant and strong system of internal financial controls to manage significant risks and monitor the reliability and integrity of financial and operating reporting.  Promote constructive and proactive financial decision making.  Integrate long-term operating and capital resources planning.  Allow for uncertainties and maintain a posture of financial flexibility.  Develop programs in a manner that supports the City’s long-term ability to cover costs and provide the level and quality of service required by its citizens.  Manage debt responsibly.
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 Establish and maintain investment policies in accordance with State law.

OPERATING BUDGET
The budget will be adopted by the City Council no later than June 30th of each year. The City Manager may develop and present a biennial budget. The City should strive to develop a multi-year financial plan (a five-year forecast) that is updated as part of the periodic budget process.

A balanced provisional operating budget will be presented to City Council for review and adoption.

A “balanced budget” means that recurring expenditures do not exceed recurring revenues. Total expenditures should not exceed total revenue plus available funds. Available funds may include the use of fund balances on hand. The city adheres to a structurally balanced budget in that ongoing revenues are matched to ongoing expenses and one-time or cyclical revenues cover one-time expenses to manage to a net zero or positive bottom line.with total projected expenditures not exceeding total estimated revenues. Should it be necessary, City Council may approve a planned use of accumulated fund balances in prior years for inclusion in the budget.

Funds may not be expended for a new fiscal year until the budget for that fiscal year has been adopted by City Council.

One-time revenue sources are not to be relied upon to fund ongoing operations.

Budgetary control is maintained at the fund level:
 The City Manager may make budget transfers between departments or programs as long as those changes do not increase overall appropriations within any one given fund. Transfers between funds, overall increases in fund appropriations, and overall increases in project budgets can only be made through City Council action. Transfers between departments should be reported to the City Council as part of the budget update process, either at mid-year or at the proposal of a new budget term
 Department heads are held directly responsible and accountable for developing and managing their operational budgets. Their level of control is held at the department level. Departments that operate programs among different funds are limited to the appropriation levels within any one fund.

Operating expenditure appropriations not spent during the fiscal year lapse at year- end, except for:
 Encumbrances or commitments, as in the form of finalized Purchase Orders, made during the fiscal year that have not been completed at year- end.
 Appropriations for capital improvement projects and ongoing grants with a life-cycle beyond one year.

Governmental funds use the modified accrual basis of accounting while proprietary and fiduciary fund types are budgeted on a full accrual basis of accounting. The Annual Comprehensive Financial Report (ACFR) presents City’s finances on a generally accepted accounting principles (GAAP) basis and the City’s budget is prepared in conformance with these standards.

The City budget must comply with the annual determination of the City’s appropriations limit calculated in accordance with Article XIIIB of the Constitution of the State of California and adopt an annual resolution to this effect.
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CAPITAL IMPROVEMENT AND MAJOR MAINTENANCE PROGRAM
The City will develop and maintain a five-year capital improvement and major maintenance project plan (CIMMP) to be updated annually in conjunction with the operating budget. The CIMMP should reflect the current and changing needs of the community as well as enhance the quality of the community’s quality of life.

All projects within the CIMMP are to be tracked systematically and reported to management quarterly.

CIMMP tracking reports should clearly display budget-to-actual performance by project, fund category and project status.

A capital progam typically involves the purchase or construction of major fixed assets such as land, buildings and any permanent improvement including additions, replacements and major alterations having a long-life expectancy. Additionally, capital projects may apply to 1) expenditures that take place over two or more years and require continuing appropriations beyond a single fiscal year; 2) systematic acquisitions over an extended period of time or 3) scheduled replacement of specific elements of physical assets. Generally, only those items costing $10,000 or more are considered as capital projects. Vehicles purchases will also be included in this program when a fleet replacement plan is established.

The City also identifies projects in the Major Maintenance Program each year. Those projects mainly apply to 1) up-grade and maintain all buildings at current, competitive standards; 2) address code and safety issues, mechanical, electrical and plumbing systems, exterior and structural shortcomings, cosmetics, and immediate landscape issues; 3) the dollars are not to be spent to alter buildings or to renovate; 4) dollars should extend the life of whatever is being corrected for cycle of life designated for the building (typically ten years).

Capital improvements that specifically benefit a select group of users and/or are fee- for-service based are to be financed through user fees, service charges, special assessments, and taxes, or development impact fees.

Capital improvements that specifically benefit a fee-for-service enterprise operation (such as Sewer) are to be financed through the service fees generated within that operation and fund. Such fees should be supported by periodic updates to the related utility master plan.

Transfers of resources into the CIP fund will be evaluated on an annual basis dependent upon the existence of available surplus dollars.

The City should strive to maximize the use of capital grants and state subventions in funding capital improvements before tapping general revenue sources.

REVENUES
The City will strive to maintain a diversified and stable revenue base to minimize the impact of economic fluctuation.

The City will seek out, apply for, and effectively administer federal, state, and other grants that address the City’s current operating and capital priorities.
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Independent user-fee studies should be performed and updated periodically (three to five years) to ensure the proper balance of costs and service charges. The City should strive to cover the full cost of providing non-tax and discretionary fee-based service operations except to the extent that City Council approves defined subsidy levels by program area.

Operating departments are to review public services to identify and determine those appropriate for fee collection. Recommendations for new fees are to be presented to the City Council as fees are periodically updated.

Operating departments are to review existing fees periodically and recommend adjustments, if necessary, to ensure they reflect all direct and reasonable indirect costs of providing such services.

Enterprise operations will be self-supporting and shall reimburse the General Fund for any and all material and services provided on their behalf.
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EXPENDITURES
Expenditures are to be budgeted and controlled so as to not exceed estimated revenues plus the approved and planned use of fund balances accumulated in prior years.

The City will conduct a mid-year financial status review to determine if projected revenues and expenditures meet target levels. If an operating deficit is projected at year-end, the City should evaluate the need for immediate corrective and/or mitigating actions, including operating or capital expenditure reductions and/or activate the use of established contingency balances. The deferral of essential and scheduled operational expenditures into the following fiscal year or the use of shortterm loans and transfers to balance the budget should be avoided.

The City should implement a formal purchasing system, principles, and guidelines to ensure that expenditure levels are kept in check in the course of any fiscal year.

CASH MANAGEMENT
The Financial Commission will review the City’s investment policy annually and make recommendations to the City Council when appropriate.

The responsibility of investing City funds rests with the Finance Director who is to exercise due diligence to adhere to the investment policy. The Finance Director will present to the City Council quarterly investment reports presenting a summary of the portfolio status and compliance with the conditions set forth in the investment policy.

DEBT MANAGEMENT
The City should plan the use of debt in a manner that sustains financing payments at manageable levels.

The City will seek to maintain a high credit rating through sound financial practices as a basis for minimizing borrowing costs.

The City will make every effort to use pay-as-you-go financing for capital improvement projects. Debt financing for a project can be used if the overall project cost exceeds anticipated available resources and/or if the cost of financing is favorable as compared to the use of City investment holdings over the financing term.

The City will monitor all forms of debt annually in conjunction with the budget preparation process and report concerns and remedies, if necessary, to City Council.

The City will diligently monitor its compliance with bond covenants.

The City will not issue long-term debt to finance current operations. Debt financing should only be used for long-term capital improvement projects with a useful life exceeding the term of the financing and for which the project revenues or specific identified revenue sources are sufficient to service the long-term debt.
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The City will use a lease-purchase method of financing for equipment if the lease rates are more favorable than the City’s expected overall investment rate of return.

The City will not incur general obligation indebtedness for public improvements which exceed in aggregate 15% of the assessed value of all real and personal property of the City as specified in the California Government Code Section 43605.

FUND BALANCE

GOVERNMENT FUND TYPE DEFINITIONS
The City’s Ggovernmental fund types include the general fund, special revenue funds, capital projects funds, and debt service funds and permanent funds. GASB has clarified the definitions of these funds as follows:

GENERAL FUND
The General Fund should be used to account for and report all financial resources not accounted for and reported in another fund.

SPECIAL REVENUE FUNDS
Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specified purposes other than debt service or capital projects. The restricted or committed proceeds of specific revenue sources should be expected to continue to comprise a substantial portion of the inflows reported in the fund. Other resources (investment earnings and transfers from other funds, for example) also may be reported in the fund if those resources are restricted, committed, or assigned to the specified purpose of the fund.

Governments should discontinue reporting a special revenue fund, and instead report the fund's remaining resources in the general fund, if the government no longer expects that a substantial portion of the inflows will derive from restricted or committed revenue sources

CAPITAL PROJECTS FUNDS
Capital projects funds are used to account for and report financial resources that are restricted, committed or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities and other capital assets. Capital projects funds exclude those types of capital-related outflows financed by proprietary funds or for assets that will be held in trust for individuals, private organizations or other governments.

DEBT SERVICE FUNDS
Debt service funds are used to account for and report financial resources that are restricted, committed or assigned to expenditure for principal and interest, even if it is being accumulated for future years' payments. Debt service funds should be used to report resources if legally mandated. 165
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PERMANENT FUNDS
Permanent funds should be used to account for and report resources that are restricted to the extent that only earnings, and not principal, may be used for purposes that support the reporting government's programs. Permanent funds do not include private-purpose trust funds, which should be used to report situations in which the government is required to use the principal or earnings for the benefit of individuals, private organizations, or other governments.

FUND BALANCE CLASSIFICATIONS
Fund balance is defined as the difference between assets and liabilities. Beginning in FY2010-2011, the City is required to reclassify fund balances into the following five categories to comply with the Governmental Accounting Standards Board Statement (GASB) No. 54, Fund Balance and Governmental Fund Types.

NONSPENDABLE
This is a portion of fund balance not available for appropriations by its nature or external restriction. Examples are inventories and donations that require intact principal values.

SPENDABLE: RESTRICTED
The restricted portion of fund balance is subject to externally enforceable legal restrictions.

Examples are Gas Tax revenues and grant proceeds.

COMMITTED
The committed portion of fund balance is constrained by the limitations imposed through formal City Council action. Only formal City Council action can remove or modify a previously committed amount.

ASSIGNED
The Assigned portion of fund balance is established for intended use by either the City Council or its designee, such as the City Manager. No formal City Council action is needed to remove the intended use. GAAP required reserves, such as the Other Post-Employment Benefits (OPEB) reserve, belong to this category. The Fiscal Policy and State Revenue Stabilization policy balances belong to this category.

UNASSIGNED
The Unassigned portion of fund balance is that remaining after the non-spendable, the restricted, the committed, and the assigned fund balances are identified and recorded. 166
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GOVERNING BODY ORDER OF FUND UTILIZATION
The City of Los Altos will use GASB's definitions of fund balance for the annual financial reports (audits) and for all other financial reporting. For all financial planning purposes, the term Budgetary Fund Balance will be used and will include any portion of the fund balance that is available for appropriation. Portions of the fund balance not available for appropriation will be identified as follows.

The City of Los Altos policy establishes the order of use of unrestricted resources as follows:

The City shall strive to use the most restricted fund balances prior to utilizing those that are less restricted. The following order of use reflects this guideline:
 Nonspendable (if funds become spendable)
 Restricted
 Committed
 Assigned
 Unassigned

SPECIAL REVENUE CLASSIFICATIONS
Only the General Fund has an unassigned category since money remaining in any other fund is automatically designated or assigned to the purposes of that fund. Under the new GASB 54 rules, if the balance of a Special Revenue Fund if not formally restricted or committed by fiscal year end, then it must be reported as part of the General Fund for fiscal year end audited financial statement purposes.

For some of the City's special revenue funds, this necessitates the City Council to provide direction on the intended use of resources for the future. Staff recommends that the City Council adopt the following list of the City's Special Revenue Funds and their expected fund balance classifications:
 Vehicle Impound Fund – Restricted to Public Safety Use  Supplemental Law Enforcement Fund – Restricted by State Statute  Gas Tax Funds – Restricted by State Statute
 Proposition 1B – Restricted by State Statute
 Storm Drain Deposits – Restricted to Storm Drain Use
 Community Development Block Grants – Restricted by Federal/State Statute  Downtown Parking Fund – Restricted by Council Action
 In-Lieu Park Fee – Restricted by State Statute
 Traffic Impact Fee – Restricted by State Statute
 Estate Donation Fund – Restricted by Council Intent
 Transportation Development Act (TDA) Funds – Restricted by State Statute  Measure B Fund – Restricted by State Statute
 Vehicle Registration Fund - Restricted by State Statute  PEG Fees Fund – Restricted by State Statue
 Public Art Fund - Restricted by Council Intent
 AB- 1379 CASP Fee- Restricted by State Statute
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In addition, GASB 54 allows the City Council authority to "assign" ending fund balances or bestow this authority to a City officer or designee. To provide the City with the most flexibility in financial reporting, the City Manager is given authority to assign resources and ending fund balances. 168
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FINANCIAL POLICY

FUND BALANCE POLICY LEVELS

PURPOSE
The City of Los Altos (City) has enacted the Fund Balance policies in an effort to ensure financial security through the maintenance of a healthy fund contingency balance that guides the creation, maintenance, and use of resources for financial stabilization purposes. The City’s primary objective is to maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees due to temporary revenue shortfalls or unpredicted one-time expenditures. The City also seeks to maintain the highest possible credit ratings which are dependent, in part, on the City’s maintenance of a healthy fund balance.

GENERAL FUND
The City’s fiscal goal is to maintain annual expenditure increases at a sustainable growth rate, and to limit expenditures to anticipated revenue in order to maintain a balanced budget. The Council directed target is to maintain an unrestricted fund balance within the range of not less than 17% of annual operating expenditures for the fiscal year with a multi-year goal of achieving a 20% unrestricted fund balance level for the reasons noted below. This level of coverage includes General Fund balance amounts specifically assigned for annual Emergency and Operating Reserve as discussed and defined further below:
 To provide funding to cover approximately two (2) months of operating expenses with the goal of achieving three months coverage in the long term.
 To provide the liquidity necessary to accommodate the City’s uneven cash flow, which is inherent in its periodic tax collection schedule.
 To provide the liquidity to respond to contingent liabilities.  To adhere to Government Finance Officers Association (GFOA) recommendation that a minimum General Fund unrestricted fund balance to be maintained of no less than either two (2) months of regular operating revenues or expenditures.

EMERGENCY AND OPERATING RESERVE
These balances are hereby defined as assigned by the City Council to allow the City to weather unpredicted cyclical and rapid downturns in the economy. These funds would be available for use in such conditions to mitigate negative economic fiscal impacts or State takeaways and can be activated within any one budget cycle through Council action. An economic downturn would entail a projected and/or sudden drop in core revenues (major tax and service revenue loss) of equal to or greater than 5% (including the impact of inflation) and/or a change in economic parameters (such as interest rates, debt service rates, commodity prices, pension rates) that cause a material change in expenditures of 5% or more, or the occurrence of a local natural disaster or unexpected financial claim requiring the immediate use of cash balances.

INTENDED USES FOR RESERVE
• Interruptions in cash inflows
Examples include the State holding back on or altering tax disbursements, loss of sales 169
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tax receipts of a one time nature, or a significant economic slowdown. If the cash inflow interruption is of an ongoing nature, reserve use is limited to a consecutive two-year period, not to exceed 40% of the beginning reserve balance. • Emergencies
In the event of an emergency or disaster such as earthquakes, fires, floods or other such emergencies, the entire balance may be used to temporarily fund recovery costs. It is understood that all aide assistance options will be sought to fund recovery efforts or reimbursement of the Contingency Reserve for fronting of recovery costs.

OTHER CRITERIA FOR USE
A majority vote from the City Council is required to determine that it is necessary to use the Contingency Reserve for any of the uses listed above. With the exception of the emergency scenario, the reserve contingency balance allocated for other intended uses shall not exceed 50% of the required balance in any given year.

REPLENISHMENT PLAN
Unless a repayment plan is pre-established at the time reserves are allocated, Staff shall bring for Council consideration a replenishment plan, within 60-days of allocation from the reserve. It would be Council’s expectation that every effort would be made to replenish the reserve as soon as it is financially feasible and practical to do so.

CALPERS UNFUNDED ACCRUAL LIABILITY (UAL) &OTHER POSTEMPLOYMENT BENEFITS (OPEB) FUNDING

GENERAL FUND OTHER POST-EMPLOYMENT BENEFITS BALANCES
The City conducted actuarial studies to comply with GASB Statement No. 45, Accounting and Financial Reporting by Employers for Post-Employment Benefits and GASB Statement No. 68, Accounting and Financial Reporting for Pensionto determine the City’s obligations). The studies concluded that the City should set aside annual funding for those obligations and the City has maintained internal funding of UAL and OPEB obligations for this purpose.

The City conducted an actuarial study to comply with GASB Statement No. 45, Accounting and Financial Reporting by Employers for Post-Employment Benefits and to determine the City’s obligation for the other post-employment benefits (OPEB). The study concluded that the City should set aside annual funding for this obligation and the City has maintained internal funding of OPEB obligations for this purpose.

Additionally, the City will conduct an actuarial update every two to three years to maintain the current status of this valuation.

SEWER FUND BALANCES
The City should maintain the balances in the Sewer Fund at a level sufficient to accommodate operating and capital needs. The Sewer Master Plan has set this reserve at 25% of annual expenditures, including estimated capital improvements. This level of funding should be established pursuant to the performance of a utility fund rate-study and/or master plan and are to be used for unanticipated 170
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operating and capital needs, and to level future rate increases. Multi-year fee studies for this fund should be updated periodically as a basis for defining the revenue sources necessary to maintain system infrastructure and required services service levels. As a result of the periodic fee or master plan studies, adjustments to user charges may be necessary to maintain recommended fund balance levels.

WORKERS’ COMPENSATION AND LIABILITY INSURANCE FUNDING
Periodic actuarial studies of self-insured workers’ compensation and general liabilities will be conducted to ensure that proper levels of liabilities are accrued for claims and that rates charged to operating departments are appropriate.

EQUIPMENT REPLACEMENT FUNDING
An equipment replacement fund will be maintained to provide for the timely replacement of vehicles and other operating capital equipment. This fund is to be reviewed on an annual basis and rates charged to the using departments based on the depreciation guidelines established in this policy.

FINANCIAL REPORTING AND AUDIT
The City’s accounting and financial reports are to be maintained in conformance with GAAP.

An annual financial audit will be performed by an independent public accounting firm familiar with municipal government activities. The independent auditor will issue an audit opinion to be included in the City’s Annual Comprehensive Financial Report (ACFR). Additionally, the auditor will present the ACFR and discuss audit findings to the Financial Commission. The City encourages the rotation of audit service providers on a periodic basis.

The City is encouraged to submit the Annual ACFR and Popular Annual Financial Report (PAFR) to State and/or National Government Finance Professional organizations (Government Finance Officers’ Association’s Certification of Achievement for Excellence in Financial Reporting - California Society of Municipal Finance Officers ACFR Award) for independent review and evaluation.

Internal financial status reports are to be issued on a period c and timely basis – no less than quarterly and be made readily available citywide.

CAPITAL ASSETS
At the time of Acquisition, capital assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated capital assets are valued at their estimated fair market value on the date donated. Then the assets will be recorded at the depreciated value based on the depreciation schedule.

The City is to record the depreciation of equipment, buildings and facilities, and infrastructure as follows and in line with internally established capitalization guidelines:

CAPITALIZATION THRESHOLDS
 Land purchases Any value
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 Equipment $105,000
 Buildings and facility improvements $25,000
 Infrastructure $100,000

DEPRECIATION
Depreciation will be recorded on a straight-line basis over the following estimated useful lives:
 Equipment 3 – 10 years
 Site Improvements other than buildings 30 – 50 years
 Buildings 50 years
 Infrastructure 30 – 100 years
In June 1999, the GASB issued Statement No. 34 which requires the inclusion of infrastructure capital assets in local governments’ basic financial statements. In accordance with GASB Statement No. 34, the City included all infrastructure into the Basic Financial Statements. The City defines infrastructure as the basic physical assets that allow the City to function. The assets include streets, sewer, and park lands. Each major infrastructure system can be divided into subsystems. For example, the street system can be subdivided into pavement, curb and gutters, sidewalks, medians, streetlights, landscaping and land. These subsystems were not delineated in the basic financial statements. The appropriate operating department maintains information regarding the subsystems.

Interest accrued during capital asset construction, if any, is capitalized for the business type and proprietary funds as part of the asset cost.

INTERNAL CONTROL FOR FINANCIAL ENTERPRISE SYSTEM
The City works with Bay Cities Joint Powers Insurance Authority to conduct periodic cybersecurity audits. All cybersecurity measures are in accordance with City and State laws and industry best practices.

Financial system access control is in place. Only authorized individuals can access critical financial systems and data.

The City holds regular training sessions to raise awareness among employees about the importance of cybersecurity and to educate on best practices. These training sessions include topic such as phishing attacks, social engineering, safe browsing habits and the proper handling of sensitive data. 
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RESOLUTION NO. 2023-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ESTABLISHING THE FY23-24 APPROPRIATIONS LIMIT
WHEREAS, California Constitutional Article 13B limits the total annual appropriations of cities; and
WHEREAS, it is the desire of this Council to establish its appropriations limit pursuant to Article 13B.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby determines that said City’s appropriations limit, pursuant to Article 13B of the California Constitution using the annual percent change in population for Santa Clara County and the percent change in California for per capita personal income, is as follows:

FY 2023/24 $44,664,430
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
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GANN Limit Calculations
GANN LIMIT CALCULATION - FY2023-24
DESCRIPTION AMOUNT TAXES "NON-TAXES"

GENERAL FUND
TAXES
Property Tax 32,460,344 32,460,344 0
Sales Tax 3,642,770 3,642,770 0
Off Hwy Veh Fees 27,500 27,500 0
Utility Users Tax 2,770,650 2,770,650 0
Business License Tax 525,000 525,000 0
Documentary Trans. 836,000 836,000 0
Building Dev. Tax 200,000 200,000 0
Transient Occ. Tax 1,887,809 1,887,809 0
FEES
Recreation Fees 1,627,200 1,627,200
Community Development Fees 4,672,299 4,672,299
Franchise Fees 2,492,484 2,492,484
Public Works Fees 775,000 775,000
Police Fees 342,600 342,600

USE OF MONEY/PROPERTY
Rental Income 8,455 8,455

ENTERPRISE ADMIN FEES
Enterprise Admin Fees 812,618 812,618

MISCELLANEOUS
Misc./Other 285,424 285,424
SUBTOTAL 53,366,153 42,350,073 11,016,080
Interest 300,000 238,073 61,927
GENERAL FUND TOTAL 53,666,153 42,588,146 11,078,007

CAPITAL PROJECTS
Downtown Parking 66,914 66,914
In Lieu Park Land 1,200,000 1,200,000
PEG Fees 97,000 97,000
Public Art 500,000 500,000
SLES Police Grants 130,000 130,000
Traffic Impact Fee 950,000 950,000
Measure B 675,000 675,000
Transportation Development Act 46,000 46,000
Vehicle Impound Fees 15,000 15,000

GAS TAX FUNDS
Gas Tax 902,857 902,857
Road Maintenance (SB1) 782,816 782,816
SUBTOTAL 5,365,587 0 5,365,587
P:\Finance\02 Budget\2024 Budget\6.13 Public Hearing\FY23-24 - GANN Limit-calculation.xlsx 174 Agenda Item # 10.

GANN Limit Calculations
GANN LIMIT CALCULATION - FY2023-24
DESCRIPTION AMOUNT TAXES "NON-TAXES"
GRAND TOTAL 59,031,740 42,588,146 16,443,594
Total City Governmental Revenue 59,031,740
Less: Non Proceeds of taxes (16,443,594)
Proceeds of Taxes 42,588,146
Appropriations Subject to Limitation 42,588,146
2023-24 Appropriations Limit 44,664,430
Dollars under limit 2,076,285
Percent under limit 4.65%
Appropriations Limit Calculation
2022-23 Appropriations L # 42,872,818
Change in Calif. per capita income 1.0444
Change in population in County 0.9975
Change Factor 1.0418
2023-24 Appropriations Limit 44,664,430
P:\Finance\02 Budget\2024 Budget\6.13 Public Hearing\FY23-24 - GANN Limit-calculation.xlsx 175 Agenda Item # 10.

May 2023
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2023, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2023-24. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2023-24 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2023.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

JOE SPEPHENSHAW
Director
By:

Erika Li
Chief Deputy Director
Attachment
176
Agenda Item # 10.

May 2023
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2023-24 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2023-24 appropriation limit.
2023-24:

Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444 100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407 177
Agenda Item # 10.

Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 County
City
Percent Change
2022-2023
--- Population Minus Exclusions ---
1-1-22 1-1-23
Total
Population
1-1-2023
Santa Clara
Campbell
Cupertino
Gilroy
Los Altos
Los Altos Hills
Los Gatos
Milpitas
Monte Sereno
Morgan Hill
Mountain View
Palo Alto
San Jose
Santa Clara
Saratoga
Sunnyvale
Unincorporated
-0.88
-0.87

0.62 -0.76
-0.40
-0.20

0.25 1.09
-0.67
-0.30
-0.60
-0.47

1.54 -0.62
-0.03
-0.52
43,092
59,673
59,709
31,257
8,414
33,167
80,862
3,481
46,201
83,856
67,674
963,745
130,462
30,758
156,364
91,239
42,713
59,154
60,078
31,021
8,380
33,102
81,067
3,519
45,892
83,601
67,268
959,256
132,476
30,567
156,317
90,766
42,713
59,154
60,078
31,021
8,380
33,102
81,067
3,519
45,892
83,601
67,287
959,256
132,476
30,567
156,317
91,649
County Total -0.25 1,889,954 1,885,177 1,886,079
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes. 178
Agenda Item # 10.

Resolution No. 2023-xx Page 1 of 14
RESOLUTION NO. 2023-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS SETTING CERTAIN FEES AND CHARGES TO BE COLLECTED IN FY 2023/24 WHEREAS, the Los Altos Municipal Code specifies that certain fees and charges shall be set by Resolution of the City Council; and
WHEREAS, these fees and charges should be in amounts sufficient to recover the costs incurred by the City with respect to the functions to be performed by the City.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby adopts the fees and charges set forth in the attached FY 2023/24 Fee Schedule for the City and these fees shall become effective July 1, 2023 and shall remain in effect until a new Resolution amending the same is adopted by the City Council.

BE IT FURTHER RESOLVED that all other fees previously established by other City Council Resolution or Ordinance remain in effect.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the XX day of xxxx, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
179
Agenda Item # 10.

Resolution No. 2023-xx Page 2 of 14
City of Los Altos
Fee Schedule
FY 2023/24
Development Services
Building
Adopted
Fee for Service
22/23
Proposed
Fee for Service
23/24
Building Permit Building Permit Building Permit
Valuation based on
price per square foot of
construction. Minimum
valuation for new
residential and
commercial
construction is $165.00
per square-foot.

Total Valuation
Valuation based on
price per square foot of
construction.

Minimum valuation for
new residential and
commercial
construction is $165.00
per square-foot.

Valuation based on
price per square foot of
construction.

Minimum valuation for
new residential and
commercial
construction is $165.00
per square-foot.
$1.00 - $3,000.00 $115.00 $121.00
$3,001.00 - $25,000.00 $115.00 for the first $3,000.00
plus $23.00 for each additional
$1,000.00 or fraction thereof, to
and including $25,000.00.
$121.00 for the first $3,000.00
plus $24.15 for each additional
$1,000.00 or fraction thereof, to
and including $25,000.00.
$25,001.00 - $50,000.00 $621.00 for the first $25,000.00 plus $17.25 for each additional
$1,000.00 or fraction thereof, to
and including $50,000.00.
$652.30 for the first $25,000.00
plus $18.15 for each additional
$1,000.00 or fraction thereof, to
and including $50,000.00.
$50,001.00 -
$100,000.00
$1,052.25 for the first $50,000.00
plus $11.55 for each additional
$1,000.00 or fraction thereof, to
and including $100,000.00.
$1,106.05 for the first $50,000.00
plus $12.15 for each additional
$1,000.00 or fraction thereof, to
and including $100,000.00.
$100,001.00 -
$500,000.00
$1,629.75 for the first
$100,000.00 plus $10.00 for each
additional $1,000.00 or fraction
thereof, to and including
$500,000.00.
$1,713.55 for the first
$100,000.00 plus $10.50 for each
additional $1,000.00 or fraction
thereof, to and including
$500,000.00.
$500,001.00 -
$1,000,000.00
$5,629.75 for the first
$500,000.00 plus $8.65 for each
additional $1,000.00 or fraction
thereof, to and including
$1,000,000.00.
$5,913.55 for the first
$500,000.00 plus $9.10 for each
additional $1,000.00 or fraction
thereof, to and including
$1,000,000.00.
$1,000,001.00 and up $11,699.00 for the first
$1,000,000.00 plus $8.15 for each
$11,699.00 for the first
$1,000,000.00 plus $8.55 for each
180
Agenda Item # 10.

Resolution No. 2023-xx Page 3 of 14
additional $1,000.00 or fraction
thereof.
additional $1,000.00 or fraction
thereof.

Electrical, Fire Department
Inspection, Mechanical or
Plumbing Permit
Total Valuation
$1.00 - $3,000.00 $115.00 $121.00
$3,001.00 - $25,000.00 $115.00 for the first $3,000.00
plus $32.00 for each additional
$1,000.00 or fraction thereof, to
and including $25,000.00.
$121.00 for the first $3,000.00
plus $33.60 for each additional
$1,000.00 or fraction thereof, to
and including $25,000.00.
$25,001.00 - $50,000.00 $820.00 for the first $25,000.00 plus $23.00 for each additional
$1,000.00 or fraction thereof, to
and including $50,000.00.
$860.20 for the first $25,000.00
plus $24.15 for each additional
$1,000.00 or fraction thereof, to
and including $50,000.00.
$50,001.00 -
$100,000.00
$1,395.00 for the first $50,000.00
plus $16.00 for each additional
$1,000.00 or fraction thereof, to
and including $100,000.00.
$1,463.95 for the first $50,000.00
plus $16.80 for each additional
$1,000.00 or fraction thereof, to
and including $100,000.00.
$100,001.00 and up 1.60% of the valuation 1.60% of the valuation Solar/Photovoltaic Permit
(Residential/Commercial)
$450.00*
*(Per California Government Code Section
66015 which allows for fees of $450.00 plus
$15.00 per kilowatt for each kilowatt above
15kW for residential rooftop solar energy
systems, and $1,000 plus $7.00 per kilowatt
for each kilowatt between 51kW and 250kW
plus $5.00 for every kilowatt above 250kW,
for commercial rooftop solar energy
systems)
$450.00*
*(Per California Government Code Section
66015 which allows for fees of $450.00 plus
$15.00 per kilowatt for each kilowatt above
15kW for residential rooftop solar energy
systems, and $1,000 plus $7.00 per kilowatt
for each kilowatt between 51kW and 250kW
plus $5.00 for every kilowatt above 250kW,
for commercial rooftop solar energy
systems)
Building Plan Check 65% of Building Permit Fee 65% of Building Permit Fee Fire Department Plan
Check
20% of Total Building Permit Fee
(if applicable)
20% of Total Building Permit Fee
(if applicable)
Energy Plan Check (Title
24)
25% of Total Building Permit Fee 25% of Total Building Permit Fee Blueprint for a Clean Bay $10.75 $11.30
Building Code Compliance
Review
$550.00 $575.50
Building Moving Permit $700.00 $735.00
California Green Building
Fund
Assessed at the rate of $4.00 per
$100,000 in valuation, with
appropriate fractions thereof, but
not less than $1.00 per every
$25,000 in valuation
Assessed at the rate of $4.20 per
$100,000 in valuation, with
appropriate fractions thereof, but
not less than $1.00 per every
$25,000 in valuation
Construction Tax*
Residential $0.41 per Square Foot $0.41 per Square Foot 181
Agenda Item # 10.

Resolution No. 2023-xx Page 4 of 14
Commercial
* Established per LAMC Chapter 3.24
$0.68 per Square Foot $0.68 per Square Foot
Demolition Permit
Single Family $493.75 $518.45
Commercial/MultipleFamily$811.65 $852.25
Duplicate Permit Request $90.00 $94.50
Property Research
Residential $28.25 per Property $29.65 per Property
Commercial $57.75 (minimum) per Property $60.65 (minimum) per Property Re-Inspection Request $140.45 $147.45
Street Address Change $548.50 $575.95
Strong Motion and Seismic
Hazard Mapping
Strong Motion
Instrumentation &
Seismic Hazard
Mapping Fees – SMIP
(1-3 Story Residential)
Valuation Amount x 0.00013
(Minimum Fee $0.50)
Valuation Amount x 0.00013
(Minimum Fee $0.50)
Strong Motion
Instrumentation &
Seismic Hazard
Mapping Fees – SMIP
(Over 3 story residential
& all commercial)
Valuation Amount x 0.00028
(Minimum Fee $0.50)
Valuation Amount x 0.00028
(Minimum Fee $0.50)
Technology Surcharge –
Permit System
Maintenance, Document
Archiving Maintenance,
Document Backfile
Conversion
8% of
Building/Electrical/Mechanical/
Plumbing Permits
8% of
Building/Electrical/Mechanical/
Plumbing Permits
Temporary Certificate of
Occupancy
$528.40 $554.80
Inspections outside of
normal business hours
(minimum charge – 2 hours)
$405.00 $425.25
Stop Work Penalties 2-4x all plan review and permit
fees
2-4x all plan review and permit
fees
In House Review $123.35 per hour $129.50 per hour
Consultant Review Consultant Cost Consultant Cost
Expired Permit Fees Based on original permit fees Based on original permit fees Project Plan Duplication
Requests
$388.25 $407.65
Certificate of Occupancy $154.60 $162.35
Alternative Means and
Methods Request
$384.00 $403.20
182
Agenda Item # 10.

Resolution No. 2023-xx Page 5 of 14
Development Services
Planning
Adopted
Fee for Service
22/23
Proposed
Fee for Service
23/24
Annexation $548.50 $575.95
Appeal
Within Notification Boundary $658.35 $691.25
Outside Notification Boundary $1,261.85 $1,324.95
Application Extension
Single-Family $351.00 $368.55
Commercial/Multiple-Family $658.35 $691.25
Application Modification
Single-Family $658.35 $691.25
Commercial/Multiple-Family $1,975.00 $2,073.75
Certificate of Compliance $1,875.25 + Time/Material $1,969.00 + Time/Material Conditional Use Permit
Business Use Only
Planning Commission
$2,743.15 $2,880.30
Business Use Only
Planning Commission/City
Council
$4,389.00 $4,608.45
New Construction (>500 sq. ft.)

PC & CC
Wireless Facility (Renewal/Mod)
Staff Level
Modification
$5,486.25
$1,195.95
$1,557.95
$5,760.55
$1,255.75
$1,635.85
Design Review
Single-Family
Administrative (<100 sq. ft.)
Administrative (<500 sq. ft.)
Administrative (>500 Sq. Ft.)
Zoning Administrator
$82.95
$309.75
$1,097.25
$2,194.50
$87.10
$325.25
$1,152.10
$2,304.25
Commercial/Multiple-Family
Administrative (<500 Sq. Ft.) $1,526.45 $1,602.75
PC & CC (>500 Sq. Ft.)
PC Only
$10,418.35
$5,617.50
$10,939.25
$5,898.35
Development Agreement Fee $5,486.25 $5,760.55
Environmental Initial Study $5,486.25 $5,760.55
Environmental Impact Report $10,972.50 $11,521.15
Electric Vehicle Charging $.33 Per kWh $.33 Per kWh
General Plan/Map Amendment $6,034.85 $6,336.60
Lot-Line Adjustment $1,874.25 + Time/Material $1,967.95 + Time/Material Maps and Documents
Zoning Map
Zoning Ordinance
General Plan
Specific Plans
$5.25
$15.75
$15.75
$5.25
$5.50
$16.55
$16.55
$5.50
Park In-Lieu Fee*
Single-Family Residential Unit $77,500.00 $77,500.00
183
Agenda Item # 10.

Resolution No. 2023-xx Page 6 of 14
Multiple-Family Residential Unit
* Established per LAMC Chapter 13.24
$48,800.00 $48,800.00
Parklet Permit
Initial Application
Annual Renewal
N/A
N/A
$500
$3 per sq. ft.

Planned Unit Development $8,229.35 $8,640.80
Planning Commission Study Session $1,645.85 $1,728.15
Preliminary Project Review $1,207.00 $1,267.35
Planning Records Research Fees
Single-Family Residential
Commercial and all other zones
$28.35
$57.75
$29.75
$60.65
Public Notification – Single-Family $54.85 $57.60
Public Notification – All Other $1.05 per mailed post card $1.05 per mailed post card Outdoor Display Permit
$219.45
$27.30
$100
Reversion to Acreage $1,874.25 + Time/Material $1,967.95 + Time/Material Sidewalk Dining Permit
Initial Application
Annual Renewal
N/A
N/A
$250
$500
Sign Review
Modification of Existing Sign
Sign Per a Sign Program
$109.75
$109.75
$115.25
$115.25
New Sign (no Sign Program) $219.45 $230.45
Sign Program $877.80 $921.70
Single-Story Overlay Rezoning
Neighborhood Approval and
Election
Zoning Map Amendment
$2,962.50
$3,511.20
$3,110.60
$3,686.75
Tentative Subdivision Map Review $5,486.25 $5,760.55
Tentative Subdivision Map
Extension/Modification
Administrative
PC/CC
$1,874.25
$3,017.45
$1,967.95
$3,168.30
Traffic Impact Fee*
Single-Family Residential Unit $6,774.20 per new unit $6,774.20 per new unit Multiple-Family Residential Unit $4,159.00 per new unit $4,159.00 per new unit Senior Residential Unit $1,744.20 per new unit $1,744.20 per new unit Commercial $12,408.73 per 1,000 sq. ft. $12,408.73 per 1,000 sq. ft.

Office
* Established per LAMC Chapter 3.48
$9,993.93 per 1,000 sq. ft. $9,993.93 per 1,000 sq. ft.

Tree Removal $82.15 $86.75
Vacating Easement/Right-of-way $5,486.25 $5,760.55
Variance Review
Single-Family - Accessory Struct. $1,645.85 $1,728.15
Single-Family - Main Structure $2,194.50 $2,304.25
Commercial/Multiple-Family
PC Only
$3,072.30 $3,225.90
Commercial/Multiple-Family

PC & CC
$4,389.00 $4,608.45
184
Agenda Item # 10.

Resolution No. 2023-xx Page 7 of 14
Zoning Ordinance/Map
Amendment
$6,034.85 $6,336.60
Zoning Use Compliance $76.65 $80.50
Zoning Verification Letter $548.60 $576.00
185
Agenda Item # 10.

Resolution No. 2023-xx Page 8 of 14
Police
Adopted
Fee for Service
22/23
Proposed
Fee for Service
23/24
Alarm Permit $39.90 Per Permit $41.90 Per Permit
Renewal $39.90 Per Permit $41.90 Per Permit
Late Renewal/Unpermitted
Alarm response
$82.95 $87.10
False Alarm Response
First Two Responses in a Permit
Year
No Charge No Charge
Third and Subsequent Responses $238.35 Per Response $250.50 Per Response Alcohol Permit $109.75 Per Application $115.25 Per Application Concealed Carry Weapon Permit
Initial application
Bi-annual renewal
N/A
N/A
$250
$50
DUI Accident Response
Police Response $1,261.85 $1,324.95
Fire Response $1,536.15 $1,612.95
Fatal accident Fully Allocated Hourly Rate
for All Emergency Personnel
Responding, Not to Exceed
$12,000.00 Per Incident
Fully Allocated Hourly Rate
for All Emergency Personnel
Responding, Not to Exceed
$12,000.00 Per Incident
Jail Booking Fees Actual County Cost Actual County Cost Massage Establishment Permit
New $297.15 $312.00
Annual Renewal $82.15 $86.25
Massage Therapist Permit
New $254.10 $266.80
Annual Renewal $70.35 $73.85
Massage Appeal Hearing $2,131.50 per appeal
Includes One Hour of City
Attorney Time
$2,238.10 per appeal
Includes One Hour of City
Attorney Time
Miscellaneous Police Permit $164.50 Per Application $172.75 Per Application Parking Permit
Quarterly $42.00 $44.00
Annual $105.00 $110.00
Second Response Call-Back
Standard Response $202.90 Per Response After
an Initial Warning
$213.05 Per Response After
an Initial Warning
Juvenile Alcohol Party Response $877.80 $921.70
Secondhand Dealer/Pawn Shop
Permit
New $285.00 $299.25
Annual Renewal $164.60 $172.85
Solicitor Permit $164.50 Per Application $172.75 Per Application Special Event Permit Application
New $1,645.85 $1,728.15
On-going $1,097.25 $1,152.10
Special Event Police Service Actual Cost Actual Cost
Vehicle Impound Release $329.15 per vehicle $345.60 per vehicle 186
Agenda Item # 10.

Resolution No. 2023-xx Page 9 of 14
Vehicle Repossession $16.25 per vehicle $17.05 per vehicle Verification/Clearance Letter $43.80 per letter $46.00 per letter Subpoena $288.75 $304.05
Subpoena Duces Tecum $15.00 $15.00
Police Report Copies $0.20 per page and no charge
for victims of crimes
$0.20 per page and no charge
for victims of crimes
187
Agenda Item # 10.

Resolution No. 2023-xx Page 10 of 14
Public Works/Environmental
Services and Utilities
Adopted
Fee for Service
22/23
Proposed
Fee for Service
23/24
County Sewer Plan Check $658.35 Per Plan $691.25 Per Plan Encroachment Permit
Parking Stall $108.65 Plus $32.55 Per Stall
Per Day
$114.10 Plus $34.15 Per
Stall Per Day
Special $466.20 $489.50
Miscellaneous $274.30 Per Permit $288.00 Per Permit
Final Subdivision Map Check $1,283.60 Per Map Plus
Actual outside Costs
$1,347.75 Per Map Plus
Actual outside Costs
Flood Hazard Letter $76.65 Per Letter $80.50 Per Letter Heavy Haul Permit $669.10 Per Permit $702.50 Per Permit Public Works Inspection 6% of the Estimated Cost of
Construction
6% of the Estimated Cost
of Construction
Lot-Line Adjustment $603.50 Plus Actual outside
Costs
$633.65 Plus Actual
outside Costs
Sewer Dye Test $159.00 Per Test $167.00 Per Test
Stormwater Management Plan Check $438.90 Per Application $460.85 Per Application Temporary Lane Closure Permit $575.95 Per Permit Plus
$65.10 Per Day After First
Day
$604.75 Per Permit Plus
$68.35 Per Day After First
Day
Utility Street Cut Permit 2% of Construction Cost
($200.00 Minimum)
2% of Construction Cost
($200.00 Minimum)
Additional Inspection Visit (for
existing permit)
$175.35 $184.10
Sewer Permit (City) $131.50 $138.10
Sewer Permit (County) $246.75 $259.10
Sewer Tap-in $54.85 $57.60
Transportation Permit $27.30 $28.65
Public Works Plan Check N/A Actual Costs
Transportation Plan Check N/A Actual Costs
Technology Surcharge – Permit
System Maintenance, Document
Archiving Maintenance, Document
Backfile Conversion
8% of all permits 8% of all permits
188
Agenda Item # 10.

Resolution No. 2023-xx Page 11 of 14
Parks and Recreation
Adopted
Fee for Service
22/23
Proposed
Fee for Service
23/24
Banner Hanging
San Antonio/ECR
Downtown
Fremont/Grant
Lincoln Park
9-foot
18-foot
30-foot
$426.30 Per Two Weeks $447.60 Per Two Weeks
$426.30 Per Two Weeks $447.60 Per Two Weeks
$352.80 Per Two Weeks $370.45 Per Two Weeks
$176.40 Per Week $185.25 Per Week
$352.80 Per Week
$426.30 Per Week
$370.50 Per Week
$447.65 Per Week
Community Room (Grand Oak) (per
hour)
Resident
Non-Resident
Non-Profit
Commercial
$262.50
$315.00
$131.25
$393.75
$275.65
$330.75
$137.80
$413.45
Los Altos Community Center Meeting
Room (Sequoia) (per hour)
Resident
Non-Resident
Non-Profit
Commercial
$105.00
$131.25
$52.50
$157.50
$110.25
$137.80
$55.15
$165.35
Los Altos Community Center MultiPurpose Rooms (Apricot, Manzanita, Birch, Sycamore, Maple, Courtyard
only) (per hour)
Resident
Non-Resident
Non-Profit
Commercial
$84.00
$105.00
$42.00
$126.00
$88.20
$110.25
$44.10
$132.30
Los Altos Community Center Kitchen
(per hour)
Resident
Non-Resident
Non-Profit
Commercial
$52.50
$78.75
$26.25
$105.00
$55.15
$82.70
$27.50
$110.25
Los Altos Community Center Lobby
(per hour)
Resident
Non-Resident
Non-Profit
Commercial
$105.00
$131.25
$52.50
$157.50
$110.25
$137.80
$55.15
$165.35
Los Altos Community Center
Courtyard (per hour)
Resident
Non-Resident
Non-Profit
Commercial
$52.50
$63.00
$26.25
$105.00
$55.15
$66.15
$27.50
$110.25
189
Agenda Item # 10.

Resolution No. 2023-xx Page 12 of 14
Los Altos Community Center Package
(Sequoia/Manzanita/Lobby) (per hour)
Resident
Non-Resident
Non-Profit
Commercial
$210.00
$255.00
$105.00
$420.00
$231.50
$281.15
$115.75
$463.05
Los Altos Community Center Package
(Sequoia/Manzanita/Apricot) (per hour)
Resident
Non-Resident
Non-Profit
Commercial
$200.00
$240.00
$100.00
$400.00
$231.50
$264.60
$115.75
$463.05
Los Altos Community Center Package
(Sequoia/Manzanita/Buckeye/Madrone)
(per hour)
Resident
Non-Resident
Non-Profit
Commercial
$160.00
$195.00
$80.00
$320.00
$176.40
$215.00
$88.20
$352.80
Multi-Purpose Rooms (per hour)
Resident
Non-Resident
Non-Profit Resident
Commercial
$120.00
$150.00
$60.00
$240.00
$132.30
$165.40
$66.15
$264.60
Classrooms (per hour)
Resident
Non-Resident
Non-Profit Resident
Commercial
$50.00
$60.00
$40.00
$100.00
$55.15
$66.15
$44.10
$110.25
San Antonio Club (per hour)
Resident
Non-Resident
Non-Profit Resident
Commercial
$120.00
$150.00
$60.00
$240.00
$132.30
$165.40
$66.15
$264.60
Tennis & Bocce Ball Courts (per hour)
Resident
Non-Resident
Non-Profit Resident
Commercial
$9.00
N/A
$7.00
N/A
$10.00
N/A
$7.60
N/A
Athletic Fields (per hour)
Resident
Non-Resident
Non-Profit Resident
Commercial
$50.00
$60.00
$25.00
N/A
$55.15
$66.15
$27.55
N/A
Gymnasiums Half (per hour)
Resident
Non-Resident
Non-Profit Resident
Commercial
$85.00
$110.00
$45.00
$160.00
$93.70
$121.25
$49.60
$176.40
190
Agenda Item # 10.

Resolution No. 2023-xx Page 13 of 14
Gymnasiums Full (per hour)
Resident
Non-Resident
Non-Profit Resident
Commercial
$140.00
$180.00
$80.00
$280.00
$154.35
$198.45
$88.20
$308.70
Community Plaza Half Day
Resident
Non-Resident
Non-Profit Resident
Commercial
$145.00
$180.00
$55.00
N/A
$159.85
$198.45
$60.65
N/A
Community Plaza Full Day
Resident
Non-Resident
Non-Profit Resident
Commercial
$220.00
$275.00
$90.00
N/A
$242.55
$303.20
$99.25
N/A
Patriot Corner Picnic Area Half Day
Resident
Non-Resident
Non-Profit Resident
Commercial
$150.00
$190.00
N/A
$300.00
$165.35
$209.50
N/A
$330.75
Patriot Corner Picnic Area Full Day
Resident
Non-Resident
Non-Profit Resident
Commercial
$220.00
$275.00
N/A
$440.00
$242.55
$303.20
N/A
$485.10
Grant Picnic Area Half Day
Resident
Non-Resident
Non-Profit Resident
Commercial
$90.00
$110.00
N/A
$180.00
$99.25
$121.25
N/A
$198.45
Grant Picnic Area Full Day
Resident
Non-Resident
Non-Profit Resident
Commercial
$120.00
$145.00
N/A
$240.00
$132.30
$159.85
N/A
$264.60
Classroom Deposit $250.00 $275.65
Multi-Purpose Room Deposit $500.00 $551.25
LACC Full Facility Deposit $1,000.00 $1,102.50
Key Replacement $100.00 $110.25
Facility Rentals
Additional Facility Attendant
Linen Rental
$22.00 Per Hour
$25.00 Per Linen
$24.25 Per Hour
$27.55 Per Linen
Senior Lunch Program
Weekly Lunch
Holiday Lunch
Donation Only Donation Only
191
Agenda Item # 10.

Resolution No. 2023-xx Page 14 of 14
Miscellaneous
Adopted
Fee for Service
22/23
Proposed
Fee for Service
23/24
Business License Listing $43.75 Per Request $46.00 Per Request Business License Duplicate $10.75 Per Request $11.25 Per Request City Initiative Filing $200.00 Per Initiative,
Refunded if Within One
Year of Filing the Notice of
Intent, the Elections Official
Certifies the Sufficiency of
the Petition
$200.00 Per Initiative,
Refunded if Within One
Year of Filing the Notice
of Intent, the Elections
Official Certifies the
Sufficiency of the Petition
Damage to City Property Time/Material Time/Material
Document Certification $25.00 Per Certification $25.00 Per Certification Document Reproduction $0.25 Per Page $0.25 Per Page
Fair Political Practices Commission
Related
$0.10 Per Page $0.10 Per Page
DVD Copy $2.00 Per Disk $2.00 Per Disk
Non-Sufficient Funds Check Processing $40.00 Per NSF Check $40.00 Per NSF Check Notary Fee $10.00 $10.50
Tobacco Retailer License
Initial
Annual
$262.50
$157.50
$275.65
$165.40
192
Agenda Item # 10.

Resolution No. 2023-XX Page 1
RESOLUTION NO. 2023-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS APPROVING THE UPDATED FISCAL YEAR 2023/24 PAY SCHEDULE TO COMPLY WITH CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS)

STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION

EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES
WHEREAS, all employers must comply with the compensation earnable and publicly available pay schedules provisions contained within California Government Code (GC) section 20636(d) and California Code of Regulations (CCR) 570.5; and
WHEREAS, it is necessary for the City Council to review and duly approve and adopt in accordance with requirements of applicable public meetings laws a publicly available pay schedule; and
WHEREAS, attached to this resolution and incorporated by reference is the City’s comprehensive pay schedule which will be made publicly available on the City’s external website and provided upon request; and
WHEREAS, the City reviews and may revise employee compensation and pay schedule ranges; and
WHEREAS, the City benefits from a highly qualified, municipal workforce; and WHEREAS, to assist in retaining such a workforce, it is critical that the City’s compensation levels are competitive in the marketplace; and
WHEREAS, the City should adjust pay to reflect changes in the region’s cost of living; and WHEREAS, represented classifications are covered by current contracts which specify the amount of the pay adjustments in the fiscal year; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:

1. Adopts the Update Fiscal Year 2023/24 Pay Schedule in Exhibit A reflecting these classification market pay adjustments and;
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the ___ day of ____, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
193
Agenda Item # 10.

Resolution No. 2023-XX Page 2
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC

CITY CLERK
194
Agenda Item # 10.

City Manager: N/A POA: 5% increase effective 06/25/23 LAMEA: 5% increase effective 06/25/23 Unrepresented Department Heads: 4.2% Market Range Adjustment to Individual Classifications effective 06/25/23 Teamsters: 3.5% increase and Market Adjustments to Individual Classifications effective 06/25/23 Unrepresented Management: 4.2% Market Range Adjustment to Individual Classifications effective 06/25/23 Unrepresented Confidential: 4.2% COLA increase effective 06/25/23 *New Classification for FY 23/24
^Market Adjustment
+ Market Range Adjustment
City of Los Altos - Full Time Salary Schedule FY 23/24
Resolution 2023-XX
Unrep. Department Head Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E City Manager Exempt $9,907.50 $21,466.25 $257,595.00
Assistant City Manager+ Exempt $8,013.15 Open Range $9,739.98 $17,361.83 Open Range $21,103.30 $208,341.90 Open Range $253,239.58 Police Chief+ Exempt $8,013.15 Open Range $9,739.98 $17,361.83 Open Range $21,103.30 $208,341.90 Open Range $253,239.58 Public Works Director+ Exempt $7,576.29 Open Range $9,208.98 $16,415.30 Open Range $19,952.79 $196,983.58 Open Range $239,433.49 Utilities and Environmental Director+ Exempt $7,576.29 Open Range $9,208.98 $16,415.30 Open Range $19,952.79 $196,983.58 Open Range $239,433.49 Development Services Director+ Exempt $7,576.29 Open Range $9,208.98 $16,415.30 Open Range $19,952.79 $196,983.58 Open Range $239,433.49 Finance Director Exempt $7,287.00 Open Range $8,857.34 $15,788.50 Open Range $19,190.91 $189,461.94 Open Range $230,290.94 Parks, Recreation, & Community Services Director Exempt $7,287.00 Open Range $8,857.34 $15,788.50 Open Range $19,190.91 $189,461.94 Open Range $230,290.94 Human Resources Director+ Exempt $6,797.67 Open Range $8,262.56 $14,728.27 Open Range $17,902.22 $176,739.29 Open Range $214,826.61 Unrep. Management Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Police Captain Exempt $6,931.71 Open Range $8,425.53 $15,018.70 Open Range $18,255.32 $180,224.40 Open Range $219,063.88 Deputy City Manager+ Exempt $6,809.80 Open Range $8,277.35 $14,754.56 Open Range $17,934.26 $177,054.77 Open Range $215,211.18 Deputy Director* Exempt $6,703.75 $8,148.45 $14,524.79 $17,654.98 $174,297.50 $211,859.70 Capital Improvement Projects Manager Exempt $6,597.70 Open Range $8,019.54 $14,295.01 Open Range $17,375.68 $171,540.17 Open Range $208,508.15 City Engineer Exempt $6,279.78 Open Range $7,633.12 $13,606.20 Open Range $16,538.42 $163,274.41 Open Range $198,461.06 Financial Services Manager Exempt $6,279.78 Open Range $7,633.12 $13,606.20 Open Range $16,538.42 $163,274.41 Open Range $198,461.06 Information Technology Manager Exempt $6,279.78 Open Range $7,633.12 $13,606.20 Open Range $16,538.42 $163,274.41 Open Range $198,461.06 Human Resources Manager Exempt $6,279.78 Open Range $7,633.12 $13,606.20 Open Range $16,538.42 $163,274.41 Open Range $198,461.06 Building Official Exempt $5,831.40 Open Range $7,088.11 $12,634.71 Open Range $15,357.57 $151,616.52 Open Range $184,290.83 Development Services Manager Exempt $5,831.40 Open Range $7,088.11 $12,634.71 Open Range $15,357.57 $151,616.52 Open Range $184,290.83 Planning Services Manager Exempt $5,831.40 Open Range $7,088.11 $12,634.71 Open Range $15,357.57 $151,616.52 Open Range $184,290.83 Transportation Services Manager Exempt $5,831.40 Open Range $7,088.11 $12,634.71 Open Range $15,357.57 $151,616.52 Open Range $184,290.83 Economic Development Manager Exempt $5,689.18 Open Range $6,915.23 $12,326.55 Open Range $14,982.99 $147,918.56 Open Range $179,795.93 Assistant to the City Manager+ Exempt $5,502.53 Open Range $6,688.36 $11,922.15 Open Range $14,491.45 $143,065.78 Open Range $173,897.35 Project Manager Exempt $5,415.04 Open Range $6,582.01 $11,732.58 Open Range $14,261.03 $140,791.01 Open Range $171,132.35 City Clerk Exempt $5,158.02 Open Range $6,269.61 $11,175.72 Open Range $13,584.16 $134,108.62 Open Range $163,009.87 Maintenance Superintendent* Exempt $4,915.16 Open Range $5,974.40 $10,649.51 Open Range $12,944.54 $127,794.07 Open Range $155,334.50 Recreation Manager+ Exempt $4,832.80 Open Range $5,874.30 $10,471.06 Open Range $12,727.64 $125,652.77 Open Range $152,731.73 Public Information Officer Exempt $4,828.91 Open Range $5,869.57 $10,462.65 Open Range $12,717.41 $125,551.75 Open Range $152,608.94 Unrep. Confidential Classifications FLSA Status Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Senior Accountant Exempt $4,461.87 $4,684.97 $4,919.21 $5,165.17 $5,423.43 $9,667.39 $10,150.76 $10,658.30 $11,191.21 $11,750.77 $116,008.67 $121,809.11 $127,899.56 $134,294.54 $141,009.27 Senior Human Resouces Analyst Exempt $4,461.87 $4,684.97 $4,919.21 $5,165.17 $5,423.43 $9,667.39 $10,150.76 $10,658.30 $11,191.21 $11,750.77 $116,008.67 $121,809.11 $127,899.56 $134,294.54 $141,009.27 Management Analyst II Exempt $4,353.05 $4,570.70 $4,799.23 $5,039.19 $5,291.15 $9,431.60 $9,903.18 $10,398.34 $10,918.26 $11,464.17 $113,179.19 $118,838.15 $124,780.06 $131,019.07 $137,570.02 Human Resources Analyst Exempt $4,143.29 $4,350.46 $4,567.98 $4,796.38 $5,036.20 $8,977.13 $9,425.99 $9,897.29 $10,392.15 $10,911.76 $107,725.59 $113,111.87 $118,767.46 $124,705.83 $130,941.12 Management Analyst I Exempt $3,943.64 $4,140.83 $4,347.87 $4,565.26 $4,793.52 $8,544.56 $8,971.79 $9,420.38 $9,891.40 $10,385.97 $102,534.76 $107,661.50 $113,044.58 $118,696.81 $124,631.65 Assistant City Clerk Exempt $3,943.64 $4,140.83 $4,347.87 $4,565.26 $4,793.52 $8,544.56 $8,971.79 $9,420.38 $9,891.40 $10,385.97 $102,534.76 $107,661.50 $113,044.58 $118,696.81 $124,631.65 Human Resources Technician Non-Exempt $3,400.59 $3,570.62 $3,749.15 $3,936.61 $4,133.44 $7,367.95 $7,736.35 $8,123.17 $8,529.32 $8,955.79 $88,415.41 $92,836.18 $97,477.99 $102,351.88 $107,469.48 Confidential Exectuive Assistant* Non-Exempt $3,308.26 $3,473.68 $3,647.36 $3,829.73 $4,021.22 $7,167.91 $7,526.30 $7,902.62 $8,297.75 $8,712.64 $86,014.88 $90,315.63 $94,831.41 $99,572.98 $104,551.63 Deputy City Clerk+ Exempt $3,308.26 $3,473.68 $3,647.36 $3,829.73 $4,021.22 $7,167.91 $7,526.30 $7,902.62 $8,297.75 $8,712.64 $86,014.88 $90,315.63 $94,831.41 $99,572.98 $104,551.63 Biweekly Monthly Annual

Page 1 of 5 ends

Los Altos City CouncilJune 13, 2023

Los Altos City Council
June 13, 2023