Agenda packet, second session — Los Altos City Council, June 27, 2023 (part 1 of 2)

Agenda
AGENDA 6-27-23.PDF
Meeting Materials
PACKET 6-27-23.PDF
QA FOR 6-27-23 WITH ATTACHMENTS.PDF
SUMMARY OF JUNE 27 CITY COUNCIL MEETING.PDF

1. Documents:

1.I.

Documents:

CITY COUNCIL MEETING
AGENDA
7:00 PM - Tuesday, June 27, 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: 858 2927 8207
https://losaltosca-gov.zoom.us/j/85829278207?pwd=VkVpQlRJdldIbzlzQ0l3WUZMVTVUZz09 Passcode: 302501
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
6/27/2023 CITY COUNCIL MEETING AGENDA Page 2 of 4

CHANGES TO THE ORDER OF THE AGENDA

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

A. Public Comment Not on Agenda

SPECIAL ITEMS

1. Issue proclamation recognizing July as Parks Make Life Better Month

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.

2. Approve Regular Meeting Minutes of June 13, 2023

3. Accept the Treasurer’s Report for the Month Ended March 31, 2023

4. Adopt an Ordinance and Resolution for 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

5. Adopt a Resolution accepting completion of the CIPP Corrosion Rehabilitation, Project WW01005; and authorize the Environmental Services and Utilities Department Director to record a Notice of Completion as required by law

6. Authorize City Manager to Execute Professional Services Agreement for a Full Cost Allocation Plan, Development Fee Study, and Development Impact Fee Study to Matrix Consulting Group as the most qualified responsive consultant for project total not-to-exceed $198,885 and approve the City Manager the authority up to 10% contingency if needed, in the amount not-to-exceed $19,888.50

7. Approve and adopt a Resolution authorizing the City Manager to execute a Professional Services Agreement with R3 Consulting Group, Inc. for On-Call Solid Waste Support Services for FY 2023/2024

8. Adoption of a Resolution identifying street maintenance projects to be funded by Senate Bill 1 (SB-1) Road Repair and Accountability Act; consider finding the adoption of the resolution exempt pursuant to California Environmental Quality Act Guidelines Section 15301 (Existing Facilities)
6/27/2023 CITY COUNCIL MEETING AGENDA Page 3 of 4

9. Accept the recommended Youth Commission Interview Subcommittee appointments to the Los Altos Youth Commission for FY 23/24

10. Authorize the City Manager to execute an amendment to the agreement with IMPEC Group for janitorial services in the amount of $839,232 for two years on behalf of the City

11. Adopt a Resolution approving the allocation of the City’s Transportation Development Act (TDA) funding to the Hetch Hetchy Path Enhancements and Access Improvements Project

12. Authorize the City Manager to execute an amendment to the agreement with Grassroots Ecology in the total amount of $191,000 for a two-year term ($95,500 per year) to manage and restore Redwood Grove Nature Preserve

13. Authorize the City Manager to execute a three-year agreement, totaling $225,000, for orchard maintenance with the Orchard Commons Committee

14. Adopt a Resolution repealing Resolution No. 2019-30 regarding the Open Government Policy

PUBLIC HEARINGS

15. Appeal of the Planning Commission’s Decision on the Design Review and Variance Applications SC22-0029 & V23-0002 at 5790 Arboretum Drive

16. 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

DISCUSSION ITEMS

17. Request for Council approval to send the Los Altos Library Patio Project to the Development Services Director for review and necessary approvals

18. Introduce and Waive Further Reading of an Ordinance of the City Council of the City of Los Altos Adding Chapter 11.15 to Title 11 Miscellaneous Property Regulations of the Los Altos Municipal Code Creating a Standalone Chapter for Leaf Blower Regulations and find that this action is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the State Guidelines Implementing the California Environmental Quality Act of 1970

19. Introduce and Waive Further Reading of an Ordinance of the City Council of the City of Los Altos Adding Chapter 11.14 Mechanical Equipment to Title 11 Miscellaneous Property Regulations of the Los Altos Municipal Code and find that this action is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the State Guidelines Implementing the California Environmental Quality Act of 1970

20. Discuss and Consider Taking Positions on Various Senate and Assembly Bills

INFORMATIONAL ITEMS ONLY

21. Receive report from staff on the response to the March 14, 2023 emergency event 6/27/2023 CITY COUNCIL MEETING AGENDA Page 4 of 4

22. 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.

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.

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 6/27/2023 CITY COUNCIL MEETING AGENDA Page 2 of 4

CHANGES TO THE ORDER OF THE AGENDA

A. Public Comment Not on Agenda

SPECIAL ITEMS

1. Issue proclamation recognizing July as Parks Make Life Better Month

2. Approve Regular Meeting Minutes of June 13, 2023

3. Accept the Treasurer’s Report for the Month Ended March 31, 2023

7. Approve and adopt a Resolution authorizing the City Manager to execute a Professional Services Agreement with R3 Consulting Group, Inc. for On-Call Solid Waste Support Services for FY 2023/2024

9. Accept the recommended Youth Commission Interview Subcommittee appointments to the Los Altos Youth Commission for FY 23/24

10. Authorize the City Manager to execute an amendment to the agreement with IMPEC Group for janitorial services in the amount of $839,232 for two years on behalf of the City

11. Adopt a Resolution approving the allocation of the City’s Transportation Development Act (TDA) funding to the Hetch Hetchy Path Enhancements and Access Improvements Project

13. Authorize the City Manager to execute a three-year agreement, totaling $225,000, for orchard maintenance with the Orchard Commons Committee

14. Adopt a Resolution repealing Resolution No. 2019-30 regarding the Open Government Policy

PUBLIC HEARINGS

15. Appeal of the Planning Commission’s Decision on the Design Review and Variance Applications SC22-0029 & V23-0002 at 5790 Arboretum Drive

DISCUSSION ITEMS

17. Request for Council approval to send the Los Altos Library Patio Project to the Development Services Director for review and necessary approvals

20. Discuss and Consider Taking Positions on Various Senate and Assembly Bills

INFORMATIONAL ITEMS ONLY

21. Receive report from staff on the response to the March 14, 2023 emergency event 3 6/27/2023 CITY COUNCIL MEETING AGENDA Page 4 of 4

22. Tentative Council Calendar and Housing Element Update Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS

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.

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. 4 PUBLIC CORRESPONDENCE

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

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

From: Kirk Land
To: Administration
Cc: Public Comment
Subject: City maintenance and controlling our weeds
Date: Wednesday, June 21, 2023 10:00:28 AM
Hello Gabe ,
I’m requesting that the city do something about the extensive amount of weeds in mid to South Los Altos. They are everywhere along the sides of the roads and in the mediums some are 3 to 4 feet high.

I think it’s most important to take care of the entrance to Los Altos coming from 85, on Fremont.

Can you please let us know when they will be taken care of? i’m hoping it will take care of the main streets like foothill Expressway, Fremont Avenue, and then Miramonte, and El Monte.

Thank you.

Kirk Mills
6 Agenda Item # A.
{Y1!t" ;)Jfr;yu r
{Yt!te ?3,ry f/ �,J :.5)J/ic,,J, • Y1(/f.r111r1
WHEREAS, Parks and Recreation creates memorable experiences and promotes physical, emotional and mental health and wellness through organized and self-directed fitness, play and activity for all ages; and WHEREAS, Parks and Recreation supports the economic vitality of communities by partnering with local businesses and nonprofits, and providing a variety of free community events; and WHEREAS, Parks and Recreation fosters engagement and social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits; and WHEREAS, Parks and Recreation strengthens community identity by providing facilities and services that refle�t and celebrate community character, heritage, culture, history, aesthetics and landscape; and WHEREAS, Parks and Recreation sustains and stewards our natural resources by protecting habitats and open spaces, connecting people to nature, and promoting the ecological function of parkland; and WHEREAS, the residents of Los Altos benefit from the wide range of parks, trails, open space, sports fields, tennis/pickleball courts, great facilities such as the Los Altos Community Center and Redwood Grove Nature Preserve, and events like Family Fun Days and the Summer Concert Series, provided by the Los Altos Parks & Recreation Department; and
WHEREAS, the City Council urges all its residents to recognize the importance of equitable access to local parks, recreation, trails, open space and facilities for the positive development of our Los Altos community; and
NOW THEREFORE, I, Sally Meadows, Mayor of the City of Los Altos, and on behalf of the entire Los Altos City Council, do hereby proclaim July as:

Parks Make Life Better!® Month
In Witness whereof, I have hereunto set my hand and affixed the seal of the City of Los Altos this 27th day of June 2023.
7 Agenda Item # 1.

CITY OF LOS ALTOS

CITY COUNCIL MEETING MINUTES
TUESDAY, JUNE 13, 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 – Jonathan Weinberg, Vice Mayor, led the Pledge of Allegiance.

REPORT ON CLOSED SESSION – There was no Closed Session meeting.

CHANGES TO THE ORDER OF THE AGENDA
There were no changes to the order of the agenda.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
The following members of the public spoke during Public Comment:
 Teresa Morris

CONSENT CALENDAR
The following members of the public spoke regarding items on the Consent Calendar:
 Silja Paymer (Item 2)
 Teresa Morris (Item 3)
 Scott Spielman (Item 2)
Lynette Lee Eng, Councilmember, pulled Items 2, 3 and 5 from the Consent Calendar.

Sally Meadows, Mayor, moved Items 2, 3 and 5 to the Discussion section of the agenda.

Motion by Lee Eng and Seconded by Fligor to approve 1, 4, 6 of the Consent Calendar. Motion carried unanimously by roll call vote.

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

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

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 8 Agenda Item # 2.

City of Los Altos
City Council Regular Meeting Minutes
June 13, 2023

Page 2 of 6 ends

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
Aida Fairman, Environmental Services Utility Department Director, presented the report.

Sally Meadows, Mayor, opened the Public Hearing.

The following members of the public spoke during the Public Hearing:
 Cliff Drowley
 Thomas Chapman
 Alice Shyu
 Scott Spielman
Sally Meadows, Mayor, closed the Public Hearing.

Melissa Thurman, City Clerk, counted the written protests received at the close of the Public Hearing. The total of written protests received was 337 letters. The City Clerk determined the absence of a majority protest.

Motion by Weinberg and Seconded by Dailey to 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.

Motion carried unanimously by roll call vote.

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
Nick Zornes, Development Services Director, provided the report.

Sally Meadows, Mayor, opened the Public Hearing.

There were no speakers during the Public Hearing.

Sally Meadows, Mayor, closed the Public Hearing.

Motion by Weinberg and Seconded by Lee Eng to introduce and set for public hearing the adoption by reference the 2021 International Property Maintenance Code with certain local 9 Agenda Item # 2.

City of Los Altos
City Council Regular Meeting Minutes
June 13, 2023

Page 3 of 6 ends

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, as amended.

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
Manny Hernandez, Parks and Recreation Director, presented the report.

Lynette Lee Eng, Councilmember, recused herself from discussion and voting regarding the Grant Park resolution due to a potential conflict of interest.

Sally Meadows, Mayor, explained that since the packet was produced, staff realized that the Mackenzie Park resolution did not need to be separated from the general resolution. Because of this, only two resolutions would be considered for adoption, and the Mackenzie Park improvements would be included in the general resolution. The Grant Park resolution did require a separate vote for adoption.

Sally Meadows, Mayor, opened the Public Hearing.

The following members of the public spoke during the Public Hearing:
 Roberta Phillips
 Teresa Morris
Sally Meadows, Mayor, closed the Public Hearing.

Motion by Weinberg and Seconded by to adopt a resolution authorizing the allocation of ParkIn-Lieu funds for Parks and Recreation facility improvement projects – Grant Park. Motion carried 4-0-1 by roll call vote with Councilmember Lee Eng abstained.

Lynette Lee Eng, Councilmember, re-entered the Chambers to discuss the general resolution.

Motion by Weinberg and Seconded by Fligor to adopt a resolution authorizing the allocation of Park-In-Lieu funds for Parks and Recreation facility improvement projects. Motion carried 4-0- 1 by roll call vote with Councilmember Lee Eng abstained.

Due to the time of the meeting, the City Council moved Items 3 and 5 of the Consent Calendar to be heard before Item 10 on the agenda.

5. Adopt the revised Council Norms and Procedures
Lynette Lee Eng, Councilmember, requested that agenda packets be released on Wednesdays instead of Thursdays to allow more time for reading.

Motion by Fligor and Seconded by Lee Eng with direction to staff to implement a practice where the draft Council meeting agenda is shared with Council and the public when the draft agenda is 10 Agenda Item # 2.

City of Los Altos
City Council Regular Meeting Minutes
June 13, 2023

Page 4 of 6 ends

published in the Town Crier. Friendly amendment by Dailey to strike language in the motion regarding the practice of releasing the agenda. Councilmember Fligor rejected the Friendly amendment.

Substitute Motion by Dailey and Seconded by Weinberg to adopt the Council Norms and Procedures, as presented. Motion carried 4-0-1 by roll call vote with Councilmember Lee Eng opposed.

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 Lynette Lee Eng, Councilmember, posed questions to staff regarding the project.

Motion by Weinberg and Seconded by Fligor to approve the extension of a Memorandum of Understanding between the City of Los Altos and the Los Altos Stage Company for an additional year through November 9, 2025. Motion carried 4-1 by roll call vote with Councilmember Lee Eng opposed.

The City Council took a recess at 9:02 p.m.

The City Council reconvened at 9:16 p.m.

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 June Du, Finance Director, presented the report.

Sally Meadows, Mayor, opened the Public Hearing.

The following members of the public spoke during the Public Hearing:
 Roberta Phillips
Sally Meadows, Mayor, closed the Public Hearing.

Motion by Weinberg and Seconded by Fligor to adopt a Resolution adopting the City’s Financial Policy, as amended. Motion carried unanimously by roll call vote.

Motion by Weinberg and Seconded by Meadows to adopt a Resolution establishing the FY23-24 Appropriations Limit. Motion carried unanimously by roll call vote.

Motion by Weinberg and Seconded by Meadows to adopt a Resolution setting certain fees and charges to be collected in FY23-24. Motion carried unanimously by roll call vote.

Motion by Weinberg and Seconded by Meadows to adopt a Resolution 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. Motion carried unanimously by roll call vote. 11 Agenda Item # 2.

City of Los Altos
City Council Regular Meeting Minutes
June 13, 2023

Page 5 of 6 ends

Motion by Weinberg and Seconded by Meadows to adopt a Resolution reaffirming the FY 2023- 24 Utility Users Tax Rate. Motion carried unanimously by roll call vote.

Motion by Weinberg and Seconded by Fligor to adopt a Resolution reaffirming the FY 2023- 2024 Transient Occupancy Tax Rate. Motion carried unanimously by roll call vote.

Motion by Weinberg and Seconded by Meadows to adopt a Resolution adopting the FY 2023- 2024 Operating Budgets. Motion carried unanimously by roll call vote.

Motion by Weinberg and Seconded by Meadows to adopt a Resolution adopting the FY2023- 2028 five-year Capital Improvement and Major Maintenance Program (CIMMP). Motion carried unanimously by roll call vote.

DISCUSSION ITEMS

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
Lynette Lee Eng, Councilmember, posed questions to staff regarding the project.

Motion by Weinberg and Seconded by to 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. Motion carried unanimously by roll call vote.

Lynette Lee Eng, Councilmember, made a Friendly Amendment to guarantee community outreach and if necessary, modify the project.

Jonathan Weinberg, Vice Mayor, rejected the Friendly Amendment.

INFORMATIONAL ITEMS ONLY
The items listed are informational only and the City Council does not take action for agenda items in this section

11. Tentative Council Calendar and Housing Element Update Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS  Councilmember Fligor - Request for one future Council agenda item:
o Café at the Community Center (Supported by Councilmember Lee Eng and Vice Mayor Weinberg)
12 Agenda Item # 2.

City of Los Altos
City Council Regular Meeting Minutes
June 13, 2023

Page 6 of 6 ends

 Councilmember Lee Eng – Request for one future Council agenda item:
o Discussion on the Distel site (City Attorney Houston to send an update via email to Council)
o Discussion on the Contribution Policy (No second)
ADJOURNMENT– The meeting adjourned at 11:58 p.m.

The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting of June 27, 2023.
_____________________________________ __________________________________ Sally Meadows, Melissa Thurman, MMC
Mayor City Clerk
13 Agenda Item # 2.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject Treasurer’s Report – Month Ended March 31, 2023 Prepared by: Minh Nguyen, Senior Accountant
Reviewed by: June Du, Finance Director
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Change in Total Fund Balances by Fund

2. Cash Balances by Fund
Initiated by:

Staff.

Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 None
Summary:

As indicated in the City’s response to the 2022 Civil Grand Jury Report, the City is providing this report as desired by the Grand Jury. The following attachment provides various financial transaction data for the City of Los Altos for the month of March 31, 2023.

Staff Recommendation:

Receive and accept the Treasurer’s Report through March 31, 2023. 14 Agenda Item # 3.

FUND
Estimated Ending
Balance 02/28/2023 Revenue Expenditures
Capital
Expenditures
Transfer
In/(Out)
Estimated Ending
Balance 03/31/2023

RESERVE FUND
Grant Reimbusement Fund 290,145 290,145
Fiscal Policy Reserve 8,757,349 8,757,349
Vets Memorial 8,615 8,615
General Fund 9,694,849 4,123,859 (3,945,793) 9,872,914
Total General Fund: 18,750,958 4,123,859 (3,945,793) - - 18,929,024

ENTERPRISE FUNDS
Sewer Fund (1) (855,317) 27,147,070 (29,447) 26,262,307 Solid Waste Fund 4,938,425 (86,619) 4,851,806
Storm Drain Fund - -
Total Enterprise Funds: 32,085,496 - (941,936) (29,447) - 31,114,113

CAPITAL IMPROVEMENT FUNDS
Capital Projects Fund 9,679,603 (126,093) 9,553,510
Equipment Replacement Fund 870,612 (117,002) 753,610
Total Capital Improvement Funds: 10,550,216 - (117,002) (126,093) - 10,307,120

INTERNAL SERVICE FUNDS
PERS & OPEB Reserve 551,314 551,314
Technology Reserve 1,278,768 11,377 1,290,145
Dental/Vision Fund (225,758) (83,680) (309,438)
Unemployment Fund 96,698 96,698
Workers Compensation Fund (64,881) 1,931,465 1,866,584
Total Internal Service Funds: 3,632,487 11,377 (148,561) - - 3,495,303

SPECIAL REVENUE FUNDS
Road Maintenance (SB1) 751,613 56,208 807,821
CDBG Fund - -
Grants Fund-ARP Act - -
Downtown Parking Fund 947,501 3,435 (50) 950,886
Estate Donation Fund 18,191 18,191
Gas Tax Fund 2,391,521 65,029 2,456,550
Prop 1B Road Maintenance 130 130
Measure B 436,933 436,933
In Lieu Park Fund 8,121,824 8,121,824
Supplemental Law Enforcement Fund 214,230 8,333 222,563 TDA Fund 88,358 88,358
Traffic Impact Fee Fund (197,728) (197,728)
Vehicle Registration Fund 1,374,181 1,374,181
PEG Fees 227,378 227,378
Public Art Fund 512,627 512,627
Storm Drain Deposits 56,086 56,086
AB-1379 CASP Fee 8,348 637 8,986
Vehicle Impound Fund 2,410 2,410
Total Special Revenue Funds: 14,953,602 133,643 (50) - - 15,087,195

DEBT SERVICE FUND
General Obligation Bond 524,493 524,493
Community Center Lease 517,977 517,977
Total Debt Service Fund: 1,042,470 - - - - 1,042,470

AGENCY FUND
Blue Oaks Line Sewer 82,736 (13,986) 68,750
Total Debt Service Fund: 82,736 - (13,986) - - 68,750
ALL FUNDS TOTAL 4,268,879 81,097,964 (5,167,329) (155,540) - 80,043,975 (1) Sewer Fund Balance includes $15,335,666 in Nonspendable Capital Assets March 2023 Activities
15 Agenda Item # 3.

FUND
Estimated Ending Cash
Balance 02/28/2023 Debit Credit
Estimated Ending Cash
Balance 03/31/2023

RESERVE FUNDS
General Fund 18,276,967 4,244,632 (3,596,977) 18,924,622 Grant Reimbusement Fund 334,172 334,172
Payroll Liability Fund 1,699,787 - (1,699,787) -
Total General Fund: 18,611,139 5,944,419 (5,296,764) 19,258,794

ENTERPRISE FUNDS
Sewer Fund 13,302,145 75 (263,006) 13,039,214
Solid Waste Fund 5,164,287 (94,529) 5,069,759
Storm Drain Fund 802 802
Total Enterprise Funds: 18,467,234 75 (357,535) 18,109,774

CAPITAL IMPROVEMENT FUNDS
Capital Projects Fund 10,417,769 (109,062) 10,308,706
Equipment Replacement Fund 870,612 (114,285) 756,328
Total Capital Improvement Funds: 11,288,381 - (223,347) 11,065,034

INTERNAL SERVICE FUNDS
PERS & OPEB Reserve 551,314 551,314
Technology Reserve 1,278,768 11,377 1,290,145
Dental/Vision Fund (225,758) (83,680) (309,438)
Unemployment Fund 96,698 96,698
Workers Compensation Fund (105,047) 6,570,123 6,465,075 Total Internal Service Funds: 8,271,145 11,377 (188,727) 8,093,795

SPECIAL REVENUE FUNDS
Road Maintenance (SB1) 750,574 56,208 806,782
CDBG Fund - -
Downtown Parking Fund 946,152 3,385 949,537
Estate Donation Fund 18,161 18,161
Gas Tax Fund 2,387,382 65,029 2,452,411
Prop 1B Road Maintenance 56 56
Measure B 617,780 (181,792) 435,987
In Lieu Park Fund 8,106,040 8,106,040
Supplemental Law Enforcement Fund 214,230 8,333 222,563 TDA Fund 35,634 35,634
Traffic Impact Fee Fund (198,144) (198,144)
Vehicle Registration Fund 1,190,434 181,792 1,372,226
PEG Fees 226,090 226,090
Public Art Fund 512,627 512,627
Storm Drain Deposits 56,086 56,086
AB-1379 CASP Fee 8,348 638 8,986
Vehicle Impound Fund 2,410 2,410
Total Special Revenue Funds: 14,873,859 315,385 (181,792) 15,007,453

DEBT SERVICE FUNDS
General Obligation Bond 352,284 352,284
Community Center Lease 517,977 517,977
Total Debt Service Fund: 870,260 - - 870,260

AGENCY FUND
Blue Oaks Line Sewer (13,986) 36,877 22,890
Total Debt Service Fund: 36,877 - (13,986) 22,890
ALL FUNDS TOTAL 6,271,257 72,418,895 (6,262,152) 72,428,000 March 2023 Activities
16 Agenda Item # 3.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject Adopt 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: Aida Fairman, Environmental Services and Utilities Director Approved by: Gabriel Engeland, City Manager
Attachments:

1. Fiscal Year 2023/24 Annual Report for Sewer Service Charge (June 2023)

2. Ordinance No. 2023-XXX
A. Resolution No. 2023-XX
Initiated by:

City Council – February 28, 2023 (Discussion Item #6)
Previous Council Consideration:

June 13, 2023; May 9, 2023; February 28, 2023
Fiscal Impact:

The expected revenues resulting from the posted rates are included in the City’s 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.
17 Agenda Item # 4.

Subject: Adopt 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:
 Adopt Ordinance No. 2023- XXX approving proposed increases to the rates for the Sewer Service Charges and amending Code Section 10.12.130.
 Adopt Resolution No. 2023-XX approving the Report of Sewer Service Charges for Fiscal Year 2023/24 and directing the Filing of Charges for Collection by the County Tax Collector
Staff Recommendation:

Adopt Ordinance No. 2023-XXX approving the proposed increases to the rates for the Sewer Service Charges and amending Municipal Code Section 10.12.130; and adopt Resolution No. 2023-XX approving the Report of Sewer Service Charges for Fiscal Year 2023/24 and directing the Filing of Charges for Collection by the County Tax Collector Purpose
Adopt Ordinance No. 2023-XXX approving the proposed increases to the rates for the Sewer Service Charges and amending Municipal Code Section 10.12.130; and adopt Resolution No. 2023-XX approving the Report of Sewer Service Charges for Fiscal Year 2023/24 and directing the Filing of Charges for Collection by the County Tax Collector.

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 June 2023. Therefore, the City reviewed the sewer rate structure and calculation methodology with the assistance of consulting firm NBS to ensure that the sewer utility continues to recover its costs of providing sewer services. 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.
18 Agenda Item # 4.

June 13, 2023 Page 3
The City’s Sewer Service Charges are imposed pursuant to California Health and Safety Code section 5471 et. seq. Section 5471 previously required that charges adopted in accordance therewith be adopted by an ordinance approved by two-thirds of the members of the City Council.

Health and Safety Code section 5471 was amended in 2016 and allowed such sewer service charges to be adopted by an ordinance or a resolution approved by two-thirds of the members of the City Council. Ordinance 2018-445 amended the Municipal Code Section 10.12.130 to allow future Sewer Service Charges to be adopted by a resolution in accordance with the provisions of the amended Health and Safety Code section 5471.

Discussion/Analysis
In order to levy sewer service charges on property bills for FY2023/24, the Council must hold a hearing on the report of charges to be submitted to the County for collection for the fiscal year.

That report, prepared by NBS, is on file with the City Clerk, and the body of the report (excluding the parcel list) is included here as Attachment 1. Following the hearing, the Council may adopt Resolution No. 2023-XX and direct the Filing of Charges for Collection by the County Tax Collector.

On June 13, 2023, City Council conducted a public hearing on the proposed rates for the sewer service charges. Notices of the hearing to consider the Assnual Sewer Service Charge Report were published in the Los Altos Town Crier on May 10 and May 18. A notice of public hearing of the new sewer rates was mailed to all parcel owners of record on April 7, 2023.

Recommendation
Adopt Ordinance No. 2023-XXX approving the proposed increases to the rates for the Sewer Service Charges and amending Municipal Code Section 10.12.130; and adopt Resolution No. 2023-XX approving the Report of Sewer Service Charges for Fiscal Year 2023/24 and directing the Filing of Charges for Collection by the County Tax Collector 19 Agenda Item # 4.

ATTACHMENT A
Resolution No. 2023-___ Page 1
RESOLUTION NO. 2023-___

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

APPROVING THE REPORT OF SEWER SERVICE CHARGES FOR FISCAL YEAR 2023/24 AND DIRECTING THE FILING OF CHARGES FOR

COLLECTION BY THE COUNTY TAX COLLECTOR
WHEREAS, pursuant to Chapter 10.12 of Los Altos Municipal Code, the City of Los Altos imposes Sewer Service Charges upon parcels connected to the sewer system; and WHEREAS, pursuant to section 5473 of the California Health and Safety Code, the City Council has elected to annually collect the Sewer Service Charges on the property tax roll; and WHEREAS, the Environmental Services and Utilities Director has caused to be prepared a report (the “Report”) containing a description of each parcel of real property subject to the Sewer Service Charges and the amount of the Sewer Service Charges to be imposed on each such parcel for Fiscal Year 2023/24, computed in conformity with the rates prescribed by Ordinance of this City Council, which report is filed with the City Clerk, available for public inspection, and incorporated herein by reference; and
WHEREAS, on June 13, 2023, following publication of notice as required by law, the City Council held a full and fair public hearing with respect to the Report, and at such hearing the City Council heard and considered all protest and objections to the Report; and WHEREAS, the City Council desires to approve the Report and to submit the Sewer Service Charges described therein to the Santa Clara County Tax Collector for collection on the Fiscal Year 2023/24 tax roll.

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

1. The City Council hereby overrules all protests and objections to the Report on the Sewer Service Charges and confirms and approves the Report and the Sewer Service Charges to be imposed on each parcel within the City subject to such charges as submitted; and

2. The City Clerk is instructed and authorized to transmit the Report to the Santa Clara County Tax Collector and to file the necessary documents with the Tax Collector that the Sewer Service Charges set forth in the Report will be included on the Santa Clara County Tax Roll for Fiscal Year 2023/24.

3. This resolution goes into effect after Ordinance No. 2023-XX is in effect. 20 Agenda Item # 4.

ATTACHMENT A
Resolution No. 2023-___ Page 2
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 27th day of June, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, CITY CLERK
21 Agenda Item # 4.

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 22 Agenda Item # 4.

Ordinance No. 2023-___ Page 2
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 to the 23 Agenda Item # 4.

Ordinance No. 2023-___ Page 3
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:

ABSTAIN:
24 Agenda Item # 4.

Ordinance No. 2023-___ Page 4
___________________________
Sally Meadows, MAYOR
Attest:
_______________________
Melissa Thurman, CITY CLERK
25 Agenda Item # 4.

AGENDA REPORT SUMMARY

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: June 27, 2023
Subject: Resolution No. 2023-__: CIPP Corrosion Rehabilitation, Project WW-01005 Prepared by: Thanh Nguyen, Senior Civil Engineer
Reviewed by: Aida Fairman, Environmental Services and Utilities Department Director Approved by: Gabriel Engeland, City Manager
Attachment:

1. Resolution No. 2023-__
Initiated by:

City Council, CIP Project WW-01005
Previous Council Consideration:

September 21, 2021
July 12, 2022
Fiscal Impact:

The table below summarizes the final costs of the Cured-In-Place-Pipe Lining (CIPP) Corrosion Rehabilitation, Project WW-01005. Total savings of $132,438 will be forwarded to the next CIPP Corrosion Rehabilitation project.

Project Item Project Budget Final Cost
Design $151,100 $147,256
Construction $615,600 $600,100
Construction Inspection $31,150 $10,143
Printing/Environmental Doc/Misc. $2,000 $2,253
Construction contingency (15%) $92,340 $0
Total $892,190 $759,752
Environmental Review:

The acceptance of the work is categorically exempt from review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(b), involving the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public sewerage involving negligible or no expansion of existing or former use, and none of the circumstances stated in CEQA Guidelines Section 15300.2 applies. 26 Agenda Item # 5.

Subject: Resolution No. 2023-__: CIPP Corrosion Rehabilitation, Project WW-01005 Acceptance
June 27, 2023 Page 2
Summary:
 Adopt Resolution No. 2023-__ accepting completion of the CIPP Corrosion Rehabilitation, Project WW-01005.
 Authorize the Environmental Services and Utilities Department Director to record a Notice of Completion as required by law.

Staff Recommendation:

Move to adopt Resolution No. 2023-__ accepting completion of the CIPP Corrosion Rehabilitation, Project WW-01005; and authorize the Environmental Services and Utilities Department Director to record a Notice of Completion as required by law Purpose
Accept completion of the CIPP Corrosion Rehabilitation, Project WW-01005.

Background
On September 30, 2021, the City Manager executed an agreement with Freyer & Laureta for design and construction support services for the CIPP Corrosion Rehabilitation, Project WW-01005 in the not-to-exceed amount of $151,100. On July 12, 2022, Nor Cal Pipeline Services, was awarded the Total Bid for Project WW-01005 in the amount not to exceed $615,600.

Discussion/Analysis
Nor Cal Pipeline Services completed the construction for the CIPP Corrosion Rehabilitation, Project WW-01005, per plans and specifications. The project bid items consisted of lining four 27-inch trunk sewer main segments located on El Camino Real, totaling 1,077 linear feet. These segments were rehabilitated using the trenchless method of Cured-In-Place-Pipe Lining (CIPP).The CIPP process addressed corrosion in the sewer line, which can cause sewer line failures if not addressed.

Traffic control was carefully planned to minimize impacts on the community during the project construction. The lining of the sewer lines was successfully completed at the beginning of May 2023. No change orders were issued during the construction. The total final project construction cost is $600,100, which is less than the original construction contract amount due to two bid items not being needed. Total project savings of $132,438 will be forwarded to the next CIPP Corrosion Rehabilitation project.

Recommendation
Adopt Resolution No. 2023-__ accepting completion of the CIPP Corrosion Rehabilitation, Project WW-01005; and authorize the Environmental Services and Utilities Department Director to record a Notice of Completion as required by law
27 Agenda Item # 5.

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

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

ACCEPTING COMPLETION AND DIRECTING THE ENVIRONMENTAL

SERVICES AND UTILITIES DEPARTMENT DIRECTOR TO FILE A NOTICE

OF COMPLETION OF THE CIPP CORROSION REHABILITATION,
PROJECT WW-01005
WHEREAS, the Los Altos Environmental Services and Utilities Department Director has filed with the City Clerk of Los Altos an Engineer's Certificate for the completion of all work provided within and pursuant to the contract between said City and Nor Cal Pipeline Services, dated August 17, 2022; and
WHEREAS, it appears to the satisfaction of this City Council that work under said contract has been fully installed and completed as provided in said contract and the plans and specifications therein referred to.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the following:

1. That acceptance of completion of said work is hereby made and ordered; and

2. That the Environmental Services and Utilities Department Director is directed to execute and file for recording with the County Recorder of the County of Santa Clara, Notice of Acceptance of Completion thereof, as required by law; and

3. That the acceptance of the work is exempt from review under the California Environmental Quality Act ("CEQA") under CEQA Guidelines Section 15301 for reasons stated in the staff report, and none of the circumstances described in CEQA Guidelines Section 15300.2 applies.

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 27 th
day of June, 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

CITY CLERK
28 Agenda Item # 5.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject: Authorize City Manager to Execute Professional Services Agreement for a Full Cost Allocation Plan, Development Fee Study, and Development Impact Fee Study.

Prepared by: Nick Zornes, Development Services Director Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment:

1. Response Results
A. Resolution No. 2023-XX
Initiated by:
6 th Cycle Housing Element 2023-2031, Program 3.D.

Fiscal Impact:

The construction contract will be in the amount not-to-exceed $198,885 and up to 10% contingency, if needed, in the amount not-to-exceed $19,888.50. - Breakdown of funds to be used:
o $218,773.50
- Amount included in the FY2023/24 budget: Y
Project Item Project Budget
Construction (Base Bid) $198,885.00
Construction Contingency $19,888.50
Total Cost $218,773.50
Funding Source: Development Services-Professional Services Environmental Review:

Not Applicable.
29 Agenda Item # 6.

Subject: Authorize City Manager to Execute Professional Services Agreement for a Full Cost Allocation Plan, Development Fee Study, and Development Impact Fee Study.

May 9, 2023 Page 2
Summary:
 Authorize City Manager to Execute Professional Services Agreement with Matrix Consulting Group to complete a Full Cost Allocation Plan, Development Fee Study, and Development Impact Fee Study as required in the adopted 6th Cycle Housing Element, Program 3.D.

Staff Recommendation:

Authorize City Manager to Execute Professional Services Agreement for a Full Cost Allocation Plan, Development Fee Study, and Development Impact Fee Study to Matrix Consulting Group as the most qualified responsive consultant for project total not-to-exceed $198,885 and approve the City Manager the authority up to 10% contingency if needed, in the amount not-to-exceed $19,888.50.

Background
The City of Los Altos has not completed a comprehensive fee study in several years. Typical fees studied in a comprehensive fee study includes building permits, entitlements (CUP, Variance, Design Review, Etc.), Impact Fees (Parkland, Traffic, Etc.) Included within the adopted 6th Cycle Housing Element, Program 3.D the City of Los Altos must initiate a comprehensive fee evaluation by August 2023, and complete the comprehensive fee evaluation and modify fees no later than December 2024.

Discussion/Analysis
The Development Services Department released a Request for Proposals (RFP) on April 10, 2023 and closed on May 11, 2023. Three (3) proposals were received by the required due date.

The response results are included in Attachment 1. The project scope includes completion of a Full Cost Allocation Plan, Development Fee Study, and Development Impact Fee Study. Of the three (3) proposals received Matrix Consulting Group was selected as it was the only response which addressed all requirements of the project objectives contained within the request for proposals.

Additionally, Matrix Consulting Group was the most qualified respondent to the request for proposals.

It is recommended to authorize the City Manage to execute a professional services agreement with Matrix Consulting Group in the amount not-to-exceed $198,885.00 and up to 10% contingency funds in the amount not-to-exceed $19,888.50.
30 Agenda Item # 6.

ATTACHMENT 1

Page 1 of 1 ends

CITY OF LOS ALTOS

COMPREHENSIVE FEE UPDATE

RESPONSE SUMMARY
RFP Open: April 10, 2023
RFP Close: May 11, 2023

CONSULTANT
Matrix Consulting Group $198,885
RCS $67,000
Finance DTA $96,205
31 Agenda Item # 6.

ATTACHMENT 2

Page 1 ends

RESOLUTION NO. 2023-XX

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH MATRIX CONSULTING GROUP IN AN
AMOUNT NOT-TO-EXCEED $198,885.00 AND UP TO 10% CONTINGENCY FUNDS NOT-TO-EXCEED $19,888.50
WHEREAS, the project, which includes a Full Cost Allocation Plan, Development Fee Study, and Development Impact Fee Study; and
WHEREAS, Matrix Consulting Group was the most qualified responsible, responsive consultant for the Project; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:

1. Authorizes the City Manager to execute a Professional Services Agreement in an amount not-to-exceed $198,885.00 and up to 10% contingency funds not-toexceed $19,888.50.

2. Authorizes 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, CITY CLERK
32 Agenda Item # 6.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
33 Agenda Item # 6.

From: Julia
To: Public Comment
Subject: Keep orchard, please
Date: Sunday, June 25, 2023 4:09:49 PM
Please do whatever it takes to keep the orchard intact. It is part of our town and needs to remain.

Thank you,
Julia Freda-Eskenazi
8 Alma Court
34 Agenda Item # 6.

Timeline of Historic Designations of the Los Altos Civic Center Apricot Orchard 1952 Voters approve incorporation of City of Los Altos. Los Altos becomes first new city on the San Francisco Peninsula following World War II.
1954 On the advice of architect Frank Lloyd Wright (Los Altos Town Crier, November 30, 1977: "Pioneer Home Which Will House Los Altos History Will be Dedicated on City Birthday"), the City of Los Altos buys Gilbert Smith’s apricot orchard for new Civic Center. Smith and his wife retain apricot crop rights and a life estate in their home on the property. Sale includes a covenant that there will continue to be an apricot orchard on the property, “in perpetuity.”
1957 City of Los Altos retains Smith apricot orchard in Civic Center plans. “With the rapid disappearance of the apricot orchards in the area due to home building, it is planned to preserve a representative stand of this orchard in the eventual Civic Center development.” (Joseph Salameda, 1957 Annual Report of the Los Altos Historical Association.)
1959 Los Altos Civic Center opens. Civic Center Apricot Orchard is retained, surrounding civic center’s buildings.
1962 Los Altos Civic Center Apricot Orchard listed on the Santa Clara County Inventory of Historical Landmarks.
1970 Los Altos City Council votes to negotiate apricot crop rights from Mrs. Smith (after the death of Gilbert Smith in 1966) and to invest in restoring and preserving the Civic Center Apricot Orchard as a living memorial to Gilbert Smith. (Los Altos Town Crier 1/28/1970.)
1974 Los Altos City Council creates the seven-member Historical Commission to oversee the opening of the Smith History House and to draft the city’s Historical Preservation ordinances to protect the Smith History House and the adjacent heritage Civic Center Apricot Orchard along with future landmarks. 1975 “Smith House and Apricot Grove” appear on Santa Clara County’s Heritage Resource Inventory.
1977 Civic Center Apricot Orchard is given City of Los Altos, Historical Commission and the Association of the Los Altos Historical Museum landmark/recognition designation.
1978 City of Los Altos wins Santa Clara County Historical Heritage Commission Award for Excellence for preserving the Smith house and the Civic Center Apricot Orchard.
35 Agenda Item # 6.
1978 Los Altos City Council passes Ordinance 78-16 designating portions of the Civic Center Apricot Orchard a Historical Landmark. This establishes the process to be followed in designating portions of the Orchard as a Historical Landmark. The Los Altos Historical Commission is named the key provider of research and advice on all phases of the project, including any future alterations, if any, to the Orchard. 1979 Smith House and Civic Center Apricot Orchard again on the Santa Clara County Heritage Resource Inventory.
1981 The Los Altos City Council approves Resolution 81-23. This action follows the process created in 1978 and re-designates the Civic Center Apricot Orchard area surrounding City Hall and the Los Altos Police Station as a Historical Landmark Orchard.
1982 Smith House and Civic Center Apricot Orchard again on the Santa Clara County Heritage Resource Inventory.
1987 Civic Center Apricot Orchard at the Los Altos Civic Center appears on California State Parks Office of Historic Preservation, Points of Interest. 1990 The Los Altos City Council approves Ordinance 90-225, Chapter 8. This lists many details and descriptions regarding the preservation of the Civic Center Apricot Orchard as a designated landmark. The Historical Commission is again named the key provider of information and advice to the Planning Commission and the City Council on these matters. Also included in this ordinance are the criteria of what constitutes a historical landmark and how that designation can be altered or changed by the City Council.
1991 The City Council passes Resolution 91-31, operating within the constraints of Ordinance 90-225, which modifies the Civic Center Apricot Orchard (walkways were added and the front section of the orchard on San Antonio Road was added to the designation) to create the Civic Center Apricot Orchard as it appears today. 1999 The Civic Center Apricot Orchard is given the City of Los Altos, Historical Commission and the Association of the Los Altos Heritage Museum landmark/recognition.
2000 “Purchase agreement with Gilbert Smith was to keep apricot orchard in perpetuity according to Don McDonald,” Los Altos Town Crier, October 4, 2000. 2011 The Los Altos Civic Center Apricot Orchard is honored by the City of Los Altos and the County of Santa Clara Parks & Recreation Department’s Historical Heritage Grant Program.
36 Agenda Item # 6.
(Summation of documents on file in the archives of the City of Los Altos and the Los Altos History Museum, the Los Altos Town Crier, and from files compiled by the late chair of the Los Altos Historical Commission, Lee Lynch.

Prepared by Robin Chapman, June 21, 2016)
37 Agenda Item # 6.

From: Catherine Nunes
To: Public Comment
Subject: Fwd: Jun 27 Item 13 and 17: Planning and Resourcing Landmark Heritage Orchard Date: Sunday, June 25, 2023 4:22:59 PM
Please include letter in public comment packet for June 27 meeting, dealing with Items 13 and

17. Thank you.
---------- Forwarded message ---------
From: Catherine Nunes <[email protected]>
Date: Sat, Jun 24, 2023 at 12:14 PM
Subject: Jun 27 Item 13 and 17: Planning and Resourcing Landmark Heritage Orchard To: Gabriel Engeland <[email protected]>, <[email protected]> For the last 30 years as a Los Altos resident, I have watched a steady stream of development proposals threaten to encroach on our most valuable historic landmark, the Los Altos Heritage Orchard. I was delighted to hear that the city is planning to restore this once-beautiful City Historic Landmark and designated county and state Historical Point of Interest.

I salute the city in these efforts as the Orchard has been sorely neglected and is in need of revitalization, City resources and re-education of staff and groups on just how its historic Landmark status protects the property boundaries, land use terms, appearance, etc requiring active City stewardship and preservation so as not to jeopardize the City's position in the state.

It has come to my attention that another group, the Santa Clara Library branch in Los Altos, is proposing a patio project expansion with preliminary drawings encroaching into the designated lands along with the removal of several of the trees in the Orchard. This seems premature without the benefit of an understanding of the landmark provisions, land use regulations, an orchard plan, and clarity on how the City and staff are at this point with an agenda item #13 asking the Council for approval involving the landmark property.

The Orchard's boundary has been modified only once since it was named a Historic Landmark in 1981. That was in 1991 and that required a public hearing and review and vote by the Historic Commission and a public hearing and review and vote by the Los Altos City Council and, because it is a Historic Landmark created under CEQA and so registered with the state, the state had to be informed as well.

If Santa Clara County and the Santa Clara County Library sitting on loaned City of Los Altos land, wants to take any portion or encroach upon the land deemed part of the landmark orchard or its trees, the state protocols under CEQA and historical landmarks have to be followed to be in compliance as a certified local government.

This isn't a deal where trees and boundaries can come and go willy-nilly, or sketches 38 Agenda Item # 6.
can be used as proxies for the council’s approval to greenlight. The steps and protocol for changing key elements and provisions of a landmark require additional land-use authority resources and public input, not mentioned in any staff report or planning docs.

The rules if not followed could jeopardize the city’s status as a Certified Local Government under CEQA, a status which, if lost, would no longer allow the city to review and vote on its own Environmental Impact Reports (EIRs). This provision was included in the law because CEQA acknowledges that history is a key element in our environment that is worth saving for future generations.

I do salute the city’s desire to restore our Landmark Heritage Orchard and step-up maintenance, watering and vermin/pest control, along with public beautification and education, another step to that effort included for approval with Item 17. Let's work together to improve this great asset.

Sincerely,
Catherine Nunes
64 Hillview Ave, Los Altos
Publisher, Edible Silicon Valley
regional food and lifestyle magazine and media
39 Agenda Item # 6.

From: Roberta Phillips
To: Public Comment; City Council
Subject: Historic Apricot Orchard Timeline for Historic Designation Date: Sunday, June 25, 2023 2:03:42 PM
Attachments: Timeline of Historic Designations for Civic Center Apricot Orchard.doc Drear Council Members
Please see the attached Timeline for Historic Designation for the Heritage Orchard in Los Altos
Sincerely
Riberta Phillips
650-941-6940
40 Agenda Item # 6.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject Approve and adopt a Resolution authorizing the City Manager to execute a Professional Services Agreement with R3 Consulting Group, Inc. for On-Call Solid Waste Support Services for FY 2023/2024
Prepared by: Tania Katbi, Sustainability Coordinator
Reviewed by: Aida Fairman, Environmental Services and Utilities Director Approved by: Gabriel Engeland, City Manager
Attachment:

A. Resolution 2023-XX
Initiated by:

City Staff
Previous Council Consideration:

None
Fiscal Impact:

The On-Call Solid Waste Support Services Agreement with R3 Consulting will cost $104,029 and is included as an expense in the approved FY 2023/2024 Solid Waste Budget. There are sufficient funds in the Solid Waste Fund to cover this contract.
- Breakdown of funds to be used:
o $104,029 Solid Waste Fund (9410-5270)
- Amount already included in approved budget: Yes
- Amount above budget requested: $0
Environmental Review:

Not applicable.

Summary:
 A proposal was submitted by R3 Consulting Group, Inc. for FY 2023/2024 to provide consulting services for planning and implementation assistance for Senate Bill (SB) 1383, review of the Mission Trail Waste System (MTWS)’s annual rate adjustment, contract 41 Agenda Item # 7.

Subject: On-Call Solid Waste Support Services Contract for the City of Los Altos with R3 Consulting
June 27, 2023 Page 2
management assistance, on-call support, and electronic annual report compilation and submittal.
 The proposed not-to-exceed contract of $104,029 exceeds the $100,000 limit, which requires authorization by Council.

Staff Recommendation:

Approve and adopt a resolution authorizing the City Manager to execute an agreement on behalf of the City with R3 Consulting Group in the not-to-exceed amount of $104,029 for continued consulting services for FY 2023/2024 On-call Solid Waste Support Services for the City of Los Altos.
42 Agenda Item # 7.

Subject: On-Call Solid Waste Support Services Contract for the City of Los Altos with R3 Consulting
June 27, 2023 Page 3
Purpose
Authorize the City Manager to execute an agreement on behalf of the City with R3 Consulting Group in the not-to-exceed amount of $104,029 to continue to provide consulting services for FY 2023/2024 On-call Solid Waste Support Services for the City of Los Altos.

Background
The City has continued to contract with R3 Consulting Group, Inc. for solid waste services for several years. R3 provides solid waste management services to municipalities including regulatory compliance, community outreach and education, diversion mandates and more. R3 will provide planning and implementation assistance for Senate Bill (SB) 1383, review of the Mission Trail Waste System (MTWS)’s annual rate adjustment, contract management assistance, on-call support, and electronic annual report compilation and submittal.

R3 has been supporting the City with various phases of SB 1383 implementation and will continue to do so as the City moves into the next phase. They will also continue to provide support with other solid waste requirements and reporting to ensure the City continues to stay in compliance with Federal and State laws.

Discussion/Analysis
The proposal submitted by R3 Consulting Group to continue providing services to the City through FY 2023/2024 includes the following scope of work:
 Planning and implementation assistance for Senate Bill (SB) 1383.  Review of Mission Trail Waste System (MTWS)’s annual rate adjustment.  Ongoing support for the implementation of the solid waste ordinance.  SB 1383 Waiver Evaluation Site Visits.
 Contract management assistance.
 2022 Electronic Annual Report compilation and submittal.  Four quarterly meetings and as-needed on-call support.

The proposed project budget will cause the total contract value to be $104,029, which exceeds the $100,000 limit and therefore requires authorization by the City Council.

Recommendation
Approve and adopt a resolution authorizing the City Manager to execute an agreement on behalf of the City with R3 Consulting Group in the not-to-exceed amount of $104,029 for continued consulting services for FY 2023/2024 On-call Solid Waste Support Services for the City of Los Altos.
43 Agenda Item # 7.

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

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF LOS ALTOS WITH R3 CONSULTING GROUP, INC. FOR THE FY 2023-2024 ON-CALL SOLID WASTE SUPPORT SERVICES IN AN AMOUNT NOT-TO-EXCEED $104,029
WHEREAS, the City has selected R3 Consulting Group, Inc. to provide consulting services for the City’s Solid Waste Program; and
WHEREAS, the City’s Solid Waste program is essential in order to maintain compliance with the State’s Mandatory Recycling laws; and
WHEREAS, the City requires specialized services and/or advice pertaining to solid waste compliance, including SB 1383, AB 1826, and AB 341; and WHEREAS, R3 Consulting Group, Inc. has negotiated an agreement for these services that requires City Council approval pursuant to the Los Altos Purchasing Policy.

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

1. Authorizes the City Manager to execute the Agreement with R3 Consulting, Inc. in an amount not to exceed $104,029 for FY 2023-2024 On-Call Solid Waste Support Services.

2. Authorizes 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:
44 Agenda Item # 7.

Resolution No. 2023-XX Page 2
_____________________________
Melissa Thurman, CITY CLERK
45 Agenda Item # 7.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject Consider the adoption of Resolution No 2023-XX, identifying street maintenance projects to be funded by Senate Bill 1 (SB-1) Road Repair and Accountability Act; consider finding the adoption of the resolution exempt pursuant to California Environmental Quality Act Guidelines Section 15301 (Existing Facilities)
Prepared by: Nafiseh Shahbazi Majd, Associate Engineer
Reviewed by: James Sandoval, Engineering Services Director Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution 2023-XX List of Street Repairs for Fiscal Year 2023-24 for use of SB1 Funds

2. Local Streets and Roads – Projected Revenues for Fiscal Year 2023-24 Initiated by:

Staff
Previous Council Consideration:

None
Fiscal Impact:

The current FY 2023-24 State of California budget estimates $767,3411for street improvements from the State’s Road Maintenance and Rehabilitation Account (RMRA) revenues created by Senate Bill 1 (SB-1). The state provides the SB-1 funds to the City monthly.

Environmental Review:

1 $767,341 is the State Department of Finance’s May 2023 revenue projection for Los Altos. The state imposes taxes on gas, diesel, and vehicle registrations to generate the RMRA/SB1 and Highway Users Tax Account/”Gas Tax” (HUTA) revenue for cities and counties. They adjust the revenue projections each month until the close of the fiscal year. The $782,816 in RMRA/SB1 funding that Council approved in the FY-23/24 CIP budget for project TS01001-Annual Street Resurfacing was based on the state’s April projection. 46 Agenda Item # 8.

Subject: Resolution No 2023-XX: Senate Bill 1 (SB-1) Road Repair and Accountability Act June 27, 2023 Page 2
former use. The adoption of the proposed resolution will facilitate funding for ordinary street maintenance, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies.

Policy Question(s) for Council Consideration:

None
Summary:
 Senate Bill 1 generates funding through gas taxes for Cities and Counties to address road improvement needs. The Fiscal Year 2023-24 SB-1 estimated allocation for the City of Los Altos is $767,341.
 To be eligible to receive SB-1 funds, a list of projects to be funded through the program must be provided annually to the State of California via resolution.  A total of 16 street segments are included in the list of streets to be eligible for SB1 funding.

Staff Recommendation:

Adopt Resolution No. 2023-XX to incorporate a list of projects planned for funding with the Road Maintenance and Rehabilitation Account revenues created by Senate Bill 1 in Fiscal Year 2023-24.

Purpose
Adopt Resolution No. 2023-XX to incorporate a list of projects planned for funding with the Road Maintenance and Rehabilitation Account revenues created by Senate Bill 1 (SB1) in Fiscal Year 2023-24.

Background
Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide. SB-1 is intended to enable Cities and Counties to better address significant maintenance, rehabilitation, and safety needs on the local street system. The City of Los Altos will receive approximately $767,341 in SB-1 funding in the Fiscal Year 2023-24.

Discussion/Analysis
Accountability and transparency measures are built into SB-1, including a requirement that Cities and Counties adopt project lists at the start of every fiscal year via resolution and provide year-end reporting on completed projects by December 1st. The City must include a list of all projects proposed to receive funding through SB-1 in the City’s budget, which will include a description 47 Agenda Item # 8.

Subject: Resolution No 2023-XX: Senate Bill 1 (SB-1) Road Repair and Accountability Act June 27, 2023 Page 3
and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

As part of the FY 2023-24 CIP budget, the City allocated $2,607,816 for street maintenance and rehabilitation in projects TS-01001-Annual Street Resurfacing and TS-01004-Annual Street Slurry Seal. Funding sources include HUTA/Gas Tax, County Measure B, Vehicle Registration Fee (VRF), and $767,341 from the SB1 program. Street maintenance carried out by the Public Works Street Maintenance Division is funded by the General Fund. This meets the City’s obligation of contributing $1,968,208 from the General Fund in order to meet the state’s Maintenance of Effort requirement.

The list of proposed street sections for use of SB1 funds in the FY 2023-24 is attached in the Council resolution. Note, this list only includes streets to be overlayed with asphalt. Streets to be slurry/micro-seal coated are not listed in the resolution because they have different funding sources—i.e., VRF and HUTA/Gas Tax. The resolution’s list includes more streets to be overlayed than SB1 funding will cover. A larger list was developed to provide more flexibility in prioritizing projects depending on changes in funding. The City may reprioritize its project list at any time.

The Project Expenditure Report to be submitted to the California Transportation Commission (CTC) will give the City an opportunity to communicate any changes to the list proposed.

Recommendation
Adopt Resolution No. 2023-XX to incorporate a list of projects planned to be funded with SB1 Road Maintenance and Rehabilitation Account in Fiscal Year 2023/24. 48 Agenda Item # 8.

RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City Council must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $767,341 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priority of increasing the Pavement Condition Index of the Los Altos street network from 68 to 75; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 20 streets throughout the City this year and dozens of similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “very good” condition; and
49 Agenda Item # 8.

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Los Altos, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Title: Annual Street Resurfacing Project
Project Description: Complete pavement maintenance work including digout repairs, Microsurfacing, and asphalt-concrete overlay.

Project Location: Various streets within the City of Los Altos. See list below.

Estimated Project Schedule: Start (October/2023)– Completion (May/2024) based on the component being funded with RMRA funds
Estimated Project Useful Life: 12-15 years
Project Street
(Section)
Proposed Pavement
Treatment and
Description
Proposed
Schedule Estimated Useful Life

ACACIA AV
(SHERWOOD AV to END)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

AVALON DR N
(ALMOND AV to JARDIN DR)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

CAMELLIA WY
(END to CAMELLIA WY)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

CARVO CT
(END to PORTLAND AV)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

CASITA CT
(CASITA WY to END)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

DAMIAN WY
(COVINGTON RD to END)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

FORMWAY CT
(END to ALMOND AV)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

GABILAN ST
(CUESTA DR to LYELL ST)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

HAWTHORNE AV
(ELEANOR AV to EL MONTE AV S)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years
JAY ST
(CLARK AV N to EL MONTE AV N)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years
50 Agenda Item # 8.

Project Street
(Section)
Proposed Pavement
Treatment and
Description
Proposed
Schedule Estimated Useful Life

LARNEL PL
(END to GRANGER AV)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

LAVER CT
(ST JOSEPH AV to END)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

LOMA PRIETA CT
(MIRAMONTE AV to END)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

OAKHURST AV
(FREMONT AV to PORTLAND AV)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

OTIS WY
(END to MILLS AV)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

SANTA RITA CT
(LOS ALTOS AV to END)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

SHELBY LN
(END to CUESTA DR)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

SOLANA DR
(END to ALMOND AV)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

ST CHARLES CT
(ST MATTHEW WY to END)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years

TRAVERSO CT
(END to TRAVERSO AV)
2’’ Mill &
Overlay
Oct 2023 -
May 2024
12-15 years
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 27th day of June, 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

Local Streets and Roads - Projected Revenues
Based on State Dept of Finance statewide 2022-23 2023-24Estimated May 2023 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct

SANTA BARBARA COUNTY
BUELLTON 109,772 129,900 239,672 141,865 124,793 266,658 CARPINTERIA 280,398 322,243 602,641 352,807 318,766 671,573 GOLETA 696,891 792,307 1,489,198 868,268 792,251 1,660,519GUADALUPE 182,115 211,027 393,142 230,877 207,035 437,912 LOMPOC 946,255 1,071,947 2,018,202 1,175,089 1,075,736 2,250,826SANTA BARBARA 1,864,544 2,103,234 3,967,779 2,306,469 2,119,681 4,426,151SANTA MARIA 2,342,723 2,641,973 4,984,696 2,897,330 2,663,292 5,560,622SOLVANG 124,053 145,915 269,968 159,437 141,028 300,465 County of Santa Barbara 8,479,358 10,582,845 19,062,203 11,580,361 9,639,639 21,220,000 Total Cities & County: Santa Barbara 15,026,109 18,001,393 33,027,502 19,712,504 17,082,222 36,794,725

SANTA CLARA COUNTY
CAMPBELL 935,427 1,079,749 2,015,176 1,183,261 1,063,427 2,246,688 CUPERTINO 1,290,768 1,487,311 2,778,079 1,630,145 1,467,391 3,097,536GILROY 1,278,363 1,473,135 2,751,498 1,614,596 1,453,289 3,067,885LOS ALTOS 674,980 782,126 1,457,106 856,818 767,341 1,624,159 LOS ALTOS HILLS 181,241 213,911 395,152 233,967 206,041 440,008 LOS GATOS 715,457 828,380 1,543,837 907,551 813,357 1,720,908 MILPITAS 1,748,122 2,009,948 3,758,070 2,203,391 1,987,328 4,190,720MONTE SERENO 74,368 90,783 165,151 99,012 84,544 183,556 MORGAN HILL 990,100 1,142,226 2,132,325 1,251,788 1,125,581 2,377,369 MOUNTAIN VIEW 1,787,555 2,055,009 3,842,564 2,252,816 2,032,157 4,284,973PALO ALTO 1,460,072 1,680,782 3,140,854 1,842,350 1,659,863 3,502,213SAN JOSE 21,652,255 24,767,680 46,419,935 27,163,672 24,615,062 51,778,735 SANTA CLARA 2,773,647 3,184,355 5,958,003 3,491,281 3,153,182 6,644,463SARATOGA 665,111 770,848 1,435,959 844,448 756,122 1,600,570 SUNNYVALE 3,330,116 3,820,254 7,150,370 4,188,758 3,785,796 7,974,553County of Santa Clara 26,064,518 34,282,319 60,346,837 37,480,360 29,631,082 67,111,442 Total Cities & County: Santa Clara 65,622,098 79,668,816 145,290,914 87,244,215 74,601,563 161,845,778 May 2023 CaliforniaCityFinance.com Page 17 of 21 52
Agenda Item # 8.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject Accept the recommended Youth Commission Interview Subcommittee appointments to the Los Altos Youth Commission for FY 23/24 Prepared by: Angel Rodriguez, Assistant City Clerk
Reviewed by: Melissa Thurman, City Clerk
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. None
Initiated by:

Youth Commission Interview Subcommittee
Previous Council Consideration:

This item is considered annually by Council.

Fiscal Impact:

None
Environmental Review:

Not applicable.

Policy Question(s) for Council Consideration:
 Does the Council wish to accept the Youth Commission Interview Subcommittee appointment recommendations and make recommended appointments to the Los Altos Youth Commission for FY 23/24?
Summary:

The Youth Commission Interview Committee, composed of Vice Mayor Jonathan Weinberg and Councilmember Neysa Fligor, recommends the following students be appointed to the Youth Commission for FY 23/24:
 Maulik Dhakal
 Eli Sobel
 Vibha Bengani
53 Agenda Item # 9.

Subject: Youth Commission appointments FY 23/24
6/27/23 Page 2
 Mariana Leaver
 Sophie Chen
If the recommendations are accepted, the Youth Commission for FY 23/24 will be composed of the following students:

Member Term
Term
Expiration
M-\Yr
School/Year in FY 23/24
Sander Vonk 2nd Jun-24 Mountain View High School / Senior Aarthi
Venkatraman 2nd Jun-24 Los Altos High School / Senior
Humza Dalal 1st Jun-24 Homestead High School / Junior
Serina Cao 1st Jun-24 Los Altos High School / Senior
Caroline (Pixie) Ma 2nd Jun-24 Mountain View High School / Senior Talinn Hatti 1st Jun-24 Nueva School / Junior
Maulik Dhakal 1st Jun-25 Los Altos High School / Junior Vibha Bengani 1st Jun-25 Homestead High School / Sophomore Sophie Chen 1st Jun-25 Woodside Priory School / Junior
Mariana Leaver 1st Jun-25 Living Wisdom / Sophomore
Eli Sobel 1st Jun-25 Kehillah Jewish High School / Junior Staff Recommendation:

This is a Council initiated item. Staff requests direction from the City Council. 54 Agenda Item # 9.

AGENDA REPORT SUMMARY

________ CALENDAR
Agenda Item # ___
Reviewed By:

City Manager City Attorney
BK
Finance Director
JH JM
Meeting Date: June 27, 2023
Subject: Authorization for execution of Amendment 1 to the original agreement with IMPEC Group for Janitorial services
Prepared by: Manuel A. Hernandez, Parks & Recreation Director Approved by: Gabe Engeland, City Manager
Attachment(s):

1. Attachment 1 – IMPEC Group Service Agreement Extension Proposal to City for 2023-2025 Initiated by:

Staff
Previous Council Consideration:

June 28, 2022
Fiscal Impact:

The following action will cost $839,232.
- Breakdown of funds to be used :
o $839,232 General Fund
- Amount already included in approved budget: Y
- Amount above budget requested: 0
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 None
Summary:
 Janitorial services are an important aspect of a healthy work environment and inviting public spaces.
 The original agreement with IMPEC Group is renewable for four additional years.  Amendment No. 1 would be the second and third year of the possible five-year total agreement term.
 Payments for janitorial services will not exceed $419,616 each year of the two year term.  IMPEC was selected as the janitorial services provider in 2022 through a competitive RFP process.
55 Agenda Item # 10.

Subject: Authorization for execution of Amendment 3 to the original agreement with IMPEC Group for Janitorial services
June 27, 2023 Page 2
 Staff feels IMPEC Group has provided satisfactory custodial services for the City over the last year and their previous history servicing the City facilities.

Staff Recommendation:

Authorize the City Manager to execute an amendment to the agreement with IMPEC Group for janitorial services in the amount of $839,232 for two years on behalf of the City.

Purpose
Authorize the City Manager to execute an amendment to the contract with IMPEC Group for janitorial services in the amount of $839,232 for two years on behalf of the City.

Background
Janitorial services are an important aspect of a healthy work environment and inviting public spaces.

The City contracts janitorial services for the cleaning of the buildings, facilities, parks and litter control within parks. Work is performed at the following locations, with scopes of services tailored to each unique location on daily, weekly, monthly and quarterly timeframes.  Grant Park Community Buildings
 Municipal Services Center
 Los Altos Community Center
 Police Department
 PD Annex
 IT Annex
 City Hall
 Garden House
 Teen Center
 San Antonio Club
 999 Fremont
 Gymnasiums (Blach, & Egan)
 City Parks
Discussion/Analysis
The City has been in a contract for janitorial cleaning services with IMPEC Group for one year under the current agreement. The four years prior IMPEC provided services under a previous agreement.

Amendment 1 is requesting a two-year contract extension that reflects a base contract amount slightly higher than the most recent contract year amount. IMPEC Group increased costs by 4% to reflect CPI. This was expected and was worked into the 2023/24 proposed budget. There was also 56 Agenda Item # 10.

Subject: Authorization for execution of Amendment 3 to the original agreement with IMPEC Group for Janitorial services
June 27, 2023 Page 3
an increase of $559/month to add services for the soon to be operational Police sub-station (999 Fremont) and an additional day of service at the Community Center for anticipated expanded hours.

Staff feels the IMPEC Group has provided satisfactory janitorial services to the City of Los Altos during their time under the current agreement. They have worked well with staff in making schedule adjustments as well as providing special services whenever needed. Complaints about the custodial services the IMPEC Group provides has been minimal during this and past agreement.

Options
Authorize the City Manager to execute an amendment to the agreement with the IMPEC Group to extend the agreement dated July 26 2022 for an additional two-year term covering fiscal year 23/24 & 2024/25 in the amount not to exceed $839,232.

Advantages: Continue janitorial cleaning services with the IMPEC Group that has provided satisfactory service and worked well with staff.

Disadvantages: None
57 Agenda Item # 10.

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

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH IMPEC GROUP IN THE AMOUNT OF $839,232

FOR TWO YEARS OF CUSTODIAL CLEANING SERVICES OF CITY

BUILDINGS, PARK FACILITIES AND PARK TRASH AND LITTER CONTROL WHEREAS, the City utilizes contract services for custodial cleaning of its buildings, park facilities, and park trash cans and litter control; and WHEREAS, custodial services are an important aspect of a healthy work environment and inviting public spaces. Proper upkeep of City facilities through an effective use of contracted services benefits City employees and the public; and WHEREAS, the city selected IMPEC Group through competitive process in 2022 as the highest rated proposal submitted; and
WHEREAS, IMPEC Group has satisfactorily performed custodial cleaning services for the City over the last year.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the City Manager to execute an amendment to the original agreement with IMPEC Group for custodial cleaning services in the amount of $839,232 for fiscal year 23/24 and 24/25 on behalf of the City.

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, CITY CLERK
58 Agenda Item # 10.

AGENDA REPORT SUMMARY

________ CALENDAR
Agenda Item # ___
Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: June 27, 2023
Subject: Transportation Development Act (TDA) Funding Allocation to Hetch Hetchy Pathway Enhancements and Access Improvements Project
Prepared by: Marisa Lee, Transportation Manager
Reviewed by: Jim Sandoval, Public Works Director
Approved by: Gabriel Engeland, City Manager
Attachment(s):

Resolution 2023-XXXX: Los Altos Transportation Development Act (TDA) Article 3 Funds Initiated by: Staff
Previous Council Consideration: None
Environmental Review:

The adoption of the resolution is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities), in that Section 15301(c) provides an exemption for operation, repair, maintenance, or minor alteration of existing rights of way involving negligible or no expansion of existing or former use. The adoption of the proposed resolution will facilitate funding for ordinary street maintenance, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 applies.

Fiscal Impact:

Allocation of the City’s available banked TDA funds ($104,302 from FYs 20/21 – 22/23) and our FY 23/24 available funds ($25,432) are being applied to the construction of the Hetch Hetchy Path Enhancements and Access Improvements. This total amount of $129,734 would cover the cost of construction. As part of the approved FY 2023-24 CIP budget, the City allocated the $129,734 in TDA funds to the Intersection Access Barrier Removal Project (TS-01058). The City will be able to send project invoices to the Valley Transportation Agency (VTA)1to receive the TDA funds no sooner than December 2023.

Policy Question(s) for Council Consideration:

None

1 The VTA serves as the countywide agent coordinating fund reimbursement on behalf of the Metropolitan Transportation Commission. 59 Agenda Item # 11.

Subject: Transportation Development Act (TDA) Funding Allocation to Hetch Hetchy Path Enhancements and Access Improvements
June 27, 2023 Page 2
Summary:

Staff recommends allocation of the City’s TDA funding to the Intersection Access Barrier Removal Project (TS-01058) via the attached resolution. The work on TS-01058 in FY 23/24 will include the Hetch Hetchy Path Enhancements and Access Improvements.

Background
Funding Source
Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists.

The Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding.

Project
The Hetch Hetchy Pathway is a paved bicycle and pedestrian multi-use path that traverses a small portion of Los Altos city limits and provides a connection to the Los Altos-Palo Alto Bike Path and Arastradero Road. The trail is San Francisco Public Utilities Commission (PUC) rightof-way and provides PUC and the City access for maintenance vehicles. The current path crossings at Estrellita Way and Los Altos Avenue do not meet current ADA requirements due to their age. The City would like to reconstruct these crossings to meet ADA requirements and to enhance this connector. This project provides the opportunity to add additional features at both crossings for bicycles, pedestrians, and drivers.

The Complete Streets Commission (CSC) discussed this project at their January 2022 meeting and received an array of potential alternatives for crossing enhancement features including signage, striping, bollards, and speed control measures. Proposed alternatives were based on precedent research done by Staff which included best practice pathway design based on NACTO and FHWA guidelines, as well as pathway design in neighboring cities.

The CSC and the public provided comments on their preferences for the various features at each crossing location. Staff incorporated this feedback into the plan and returned the updated plan to the CSC in March of 2022. Staff have since presented the updated plans to San Francisco PUC Project Review Committee and received positive feedback, then submitted updated plans and the permit application to San Francisco PUC. The PUC has delayed the permit until the City and 60 Agenda Item # 11.

Subject: Transportation Development Act (TDA) Funding Allocation to Hetch Hetchy Path Enhancements and Access Improvements
June 27, 2023 Page 3
PUC are in alignment with the provisions of an updated maintenance agreement between the two agencies. Staff expects the permit from them soon so we can bid out the project.

Discussion/Analysis
The City is eligible for roughly $30,000 per year in TDA funding, with the option each year to either bank funds or program them to a project. After several years of banking, the City now has $129,734 available. Staff recommends programming this balance to the Hetch Hetchy Pathway Enhancements and Access Improvements project for planned project delivery in FY23-24.

Recommendation
Approve the resolution to program $129,734 in TDA funds to the Intersection Access Barrier Removal Project (TS-01058) to fund construction of the Hetch Hetchy Pathway Enhancements and Access Improvements Project.
61 Agenda Item # 11.

RESOLUTION NO. 2023-XXXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS TO

APPROVE THE REQUEST BY THE CITY OF LOS ALTOS TO THE

METROPOLITAN TRANSPORTATION COMMISSION FOR AN ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN AND BICYCLE PROJECT FUNDING FOR FISCAL YEAR 2024
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Los Altos desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Los Altos, State of California, as follows:

1. the City of Los Altos declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it

2. there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Los Altos to carry out the project; and furthermore, be it

3. the City of Los Altos attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it

4. a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of County of Santa Clara for submission to MTC as part of the countywide coordinated TDA Article 3 claim.
62 Agenda Item # 11.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, CITY CLERK
63 Agenda Item # 11.

Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

1. That the City of Los Altos is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Los Altos legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Los Altos has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Los Altos within the prior five fiscal years.

8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.

9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National Association of City and Transportation Officials (NACTO) guidance or similar best practices document.

10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).

11. That the City of Los Altos agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. 64 Agenda Item # 11.

Attachment B
TDA Article 3 Project Application Form

1. Agency City of Los Altos

2. Primary Contact Marisa Lee

3. Mailing Address 1 N San Antonio Rd Los Altos CA 94022

4. Email Address [email protected] 5. Phone
Number
(650) 947-
2626

6. Secondary
Contact (in the
event primary is not
available)
Nafis Shahbazi

7. Mailing address (if
different) N/A☒

8. Email Address [email protected] 9. Phone
Number

10. Send allocation
instructions to (if
different from
above):

11.Project Title Hetch Hetchy Trail Maintenance and Accessibility Project

12.Amount requested $129,725 13.Fiscal Year of
Claim
2024

14.Description of Overall Project:

15.Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)

16.Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:

Reconstruction of curb ramps to the Hetch Hetchy Class I Pathway to meet current ADA standards. Installation of bike and pedestrian infrastructure including crosswalks, advance yield lines, crosswalk signage, bicycle striping and signage where the pathway approaches and intersects with Los Altos Avenue and Estrellita Wy. This will provide a continuous, accessible connection to the Palo Alto - Los Altos Bike Path.

Finalization of design, construction of the above improvements. 65 Agenda Item # 11.

Project Relation to Regional Policies (for information only)

17.Is the project in an Equity Priority Community?
Yes☐ No☒

18.Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒

19.Project Budget and Schedule
Project Eligibility
Project Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year)
Bike/Ped Plan
ENV
PA&ED
PS&E
ROW
CON
Total Cost
[Grab your reader’s attention with a great quote from the document or use this space to emphasize a key point. To place this text box anywhere on the page, just drag it.] https://www.google.com/maps/place/Estrellita+Way,+Los+Altos,+CA+94022/@37.4015308,- 122.1234976,17.5z/data=!4m6!3m5!1s0x808fb08236f647b9:0x9578700e50c12ca6!8m2!3d37.4016687!4d122.122307!16s%2Fg%2F1w0p5w57?entry=ttu $10,000 September 2023
$119,725 September 2024
$129,725 December 2024
66 Agenda Item # 11.

A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☒ No☐
If “YES,” identify the date and provide a copy or link to the agenda.  March 30, 2022
https://www.losaltosca.gov/sites/default/files/fileattachments/complete_str eets_commission/meeting/81461/csc_agenda_033022.pdf
 July 27, 2022
https://www.losaltosca.gov/sites/default/files/fileattachments/complete_str eets_commission/meeting/83840/csc_agenda_072722_r1.pdf
If "NO," provide an explanation).

B. Has the project been approved by the claimant's governing body? Yes☒ No☐
If "NO," provide expected date:__Project approved by CSC on July 27, 2022____
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒
(If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐
pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c),Yes☒No☐
Existing Facility?

2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐
Cite the basis for the exemption. __________________________ N/A☐
If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.

F. Estimated Completion Date of project (month and year): _____June 2025_____________
G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐
the claimant arranged for such maintenance by another agency? (If an agency other
than the Claimant is to maintain the facility, please identify below and provide the agreement.

H. Is a Complete Streets Checklist required for this project ? Yes☐ No☒
67 Agenda Item # 11.

If the amount requested is over $250,000 or if the total project phase or construction
phase is over $250,000, a Complete Streets checklist is likely required. Please attach
the Complete Streets checklist or record of review, as applicable. More information
and the form may be found here:
https://mtc.ca.gov/planning/transportation/complete-streets 68 Agenda Item # 11.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject Authorization for execution of agreement with Grassroots Ecology for Redwood Grove Stewardship services
Prepared by: Manny A. Hernandez, Parks & Recreation Director Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution

2. Grassroots Ecology Letter and Scope of Work Summary
Initiated by:

Staff
Previous Council Consideration:

None
Fiscal Impact:

The following action will cost $191,000 for contracted stewardship services in the Redwood Grove Nature preserve.
- Breakdown of funds to be used:
o $191,000 General Fund
- Amount already included in approved budget: Y
- Amount above budget requested: 0
Environmental Review:

The approval of this agreement with Grassroots Ecology is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) in that the only work required under the agreement is limited to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and none of the circumstances identified in CEQA Guidelines Section 15300.2 applies.

Policy Question(s) for Council Consideration:
69 Agenda Item # 12.

Subject: Title
Date: June 27, 2023 Page 2
 None
Summary:
 This agreement is for a contracted steward to manage/restore Redwood Grove nature preserve.  The agreement is with Grassroots ecology for two years with an option for three additional years.
 Grassroots Ecology has been providing satisfactory stewardship services for the last five years and as Acterra previous to 2018.

Staff Recommendation:

Authorize the City Manager to execute an amendment to the agreement with Grassroots Ecology in the total amount of $191,000 for a two-year term ($95,500 per year) to manage and restore Redwood Grove Nature Preserve.

Purpose
Authorize the City Manager to execute an amendment to an agreement on behalf of the city with Grassroots Ecology in the total amount of $233,130 for continued stewardship in managing and performing restoration of the open space known as Redwood Grove.

Background
The City of Los Altos owns Redwood Grove Nature Preserve; 5.7-acre nature preserve located off University Avenue. The City has contracted with Grassroots Ecology to assist in preserving and maintaining this valuable community asset. The term of the previous contract with Grassroots expires on July 1, 2023.

The stewardship that Grassroots Ecology provides as part of their scope of work for this agreement includes important aspects of care for Redwood Grove. Here are a few very important items that Grassroots staff and volunteers take care of in Redwood Grove.

In the late spring and early summer, Grassroots Ecology removes invasive weeds through scything or hand-pulling. Left unattended to, these weeds would not only become unsightly, but would increase the fire hazard in the area. Removing these weeds without chemicals is very time consuming and could not be handled by staff at this time.

Grassroots has transplanted native plants to the area and they require attention when initially planted for the root system to gain a foothold. There is not an automatic irrigation system in the area to provide the water and care needed. Grassroots has provided attention and plan to continue to provide that attention. Additional native plantings, that Grassroots Ecology would install, are also planned in the future through matching grants that are secured by them. 70 Agenda Item # 12.

Subject: Title
Date: June 27, 2023 Page 3
The health of the redwood trees in the nature preserve is also something that Grassroots staff and volunteers assist the City with. The redwood trees undergo intense stress during the hot dry summers, as they were planted over 100 years ago out of their natural range (the coastal fog belt). As a result, this natural asset relies on continued irrigation utilizing specialized watering machinery that is set up by Grassroots Ecology staff. Without regular watering in the summer, the redwoods could suffer significant strain in health, which could contribute to their unhealthy appearance and create limb hazards.

Discussion/Analysis
Parks Maintenance staff works with the stewardship services contractor on the care and maintenance of Redwood Grove and has found success working with Grassroots Ecology in recent years. City crews do not have the expertise and are not staffed at a level that can provide the maintenance a contract steward can for the nature preserve. Grassroots Ecology has also provided expert advice on other items within the nature preserve that city staff maintains.

On May 17, 2023, the City of Los Altos requested proposals for stewardship services for Redwood Grove Nature Preserve. Proposals were due on Thursday, June 15. Only one proposal was received, from Grassroots Ecology. Staff feels the submitted proposal of $95,500 annually for stewardship services is reasonable and responsive for the scope of work.

This agreement is to authorize a new contract with Grassroots Ecology for two years for contracted stewardship services in Redwood Grove Nature Preserve. The amount for Grassroots Ecology’s work in fiscal year 23/24 is already budgeted in the Parks & Recreation Department operating budget. The total amount that will need to be budgeted over the two-year agreement is $191,000.

Recommendation
Authorize the City Manager to execute an amendment to the agreement with Grassroots Ecology in the total amount of $191,000 for a two-year term ($95,500 per year) to manage and restore Redwood Grove Nature Preserve.
71 Agenda Item # 12.

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

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON

BEHALF OF THE CITY WITH GRASSROOTS ECOLOGY IN THE AMOUNT OF $191,000 FOR TWO YEARS OF REDWOOD GROVE NATURE PRESERVE

STEWARDSHIP SERVICES
WHEREAS, the City utilizes contract services for stewardship of Redwood Grove Nature Preserve; and
WHEREAS, stewardship services are important for the health of the nature preserve in Redwood Grove; and
WHEREAS, Grassroots Ecology subsidizes funding for projects in Redwood Grove through grants; and
WHEREAS, Grassroots Ecology conducts educational activities through community partners and educational signage in Redwood Grove; and
WHEREAS, through a public request for proposal process, Grassroots Ecology was the low and responsive proposal.

WHEREAS, the approval of this agreement with Grassroots Ecology is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) in that the only work required under the agreement is limited to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and none of the circumstances identified in CEQA Guidelines Section 15300.2 applies.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the City Manager to execute an agreement with Grassroots Ecology for stewardship services in the amount of $191,000 for fiscal year 23/24 and 24/25 on behalf of the City.

AYES:

NOES:

ABSENT:

ABSTAIN:
72 Agenda Item # 12.

Resolution No. 2023- Page 2
ATTACHMENT 1
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, CITY CLERK
73 Agenda Item # 12.
74 Agenda Item # 12.
75 Agenda Item # 12.
76 Agenda Item # 12.

AGENDA REPORT SUMMARY

________ CALENDAR
Agenda Item # ___
Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD
Meeting Date: June 27, 2023
Subject: Apricot Orchard Maintenance Agreement with the Los Altos History Museum Prepared by: Manuel A. Hernandez, Maintenance Services Director Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution
Initiated by:

Staff
Previous Council Consideration:

None
Fiscal Impact:

The following project will cost $225,000 over the three years of this agreement. - Breakdown of funds to be used:
o $225,000 General Fund
- Amount already included in approved budget: Yes
- Amount above budget requested: 0
Environmental Review:

The approval of the maintenance agreement with the Los Altos History Museum is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) in that the only work required under the agreement is limited to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and none of the circumstances identified in CEQA Guidelines Section 15300.2 applies.

Policy Question(s) for Council Consideration:
 Does Council wish to contract the Los Altos History Museum through the Orchard Commons Committee to provide maintenance services and special project coordination for the Historic Apricot Orchard?
Summary:
77 Agenda Item # 13.

Subject: Title
Date: June 27, 2023 Page 2
 A contracted orchardist has maintained the apricot orchard continuously for several years.  The Orchard Commons Committee already works closely with the City on orchard improvements and best practices.
 This agreement will be for the first three years of a possible five years.  The Orchard Commons Committee is within the structure of the Los Altos History Museum.

Staff Recommendation:

Authorize the City Manager to execute a three-year agreement, totaling $225,000, for orchard maintenance with the Los Altos History Museum.

Purpose
Continue the use of contract services to maintain the heritage apricot orchard at the Los Altos Government Center.

Background
Maintenance of the orchard includes tree care such as planting, pruning, fertilizing, rototilling, and irrigation. The orchardist is also responsible for the annual harvest of the apricots. This includes all labor and materials required for harvesting. As part of the agreement, the maintenance contractor retains the harvest. The orchardist also removes and replaces trees as needed. The previous orchardist was contracted directly by the City for several years.

Discussion/Analysis
The City maintains the apricot orchard through the use of a contractor due to the specialized nature of the work. The orchard contractor has the expertise, manpower and equipment to maintain an orchard in accordance with the scope of services created by the City. The Maintenance Department works with the orchardist to ensure the orchard is maintained as expected.

The City is proposing working with the Orchard Commons Committee to ensure the maintenance best practices are being used on this heritage orchard. Currently, the City is working with the Orchard Commons Committee to install a drip irrigation system that would eliminate the need for spray irrigating as has been practiced in the past. A drip system is expected to be installed by the end of the calendar year 2023.

The amount paid to the Los Altos History Museum under this agreement includes the cost of restoration of orchard, community outreach, educational programing, and work on an orchard master plan, in addition to the regular maintenance of the orchard. The Orchard Commons Committee board approved the agreement at their June 20, 2023 board meeting. 78 Agenda Item # 13.

Subject: Title
Date: June 27, 2023 Page 3
Recommendation
Authorize the City Manager to execute a three-year agreement, totaling $225,000, for orchard maintenance with the Los Altos History Museum.
79 Agenda Item # 13.

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

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON

BEHALF OF THE CITY WITH THE LOS ALTOS HISTORY MUSEUM IN THE AMOUNT OF $225,000 FOR THREE YEARS OF MAINTENANCE SERVICES

FOR THE HISTORIC APRICOT ORCHARD
WHEREAS, the City utilizes contract services for maintenance of the Historic Apricot Orchard located at 1 North San Antonio Road in the Los Altos Government Center; and WHEREAS, maintenance services are important for the health of the apricot orchard; and WHEREAS, the Orchard Commons Committee, a committee of the Los Altos History Museum, has committed to restoring the orchard to health in addition to regular maintenance services; and
WHEREAS, the Orchard Commons Committee plans to conduct educational and community building activities as part of their agreement with the City; and WHEREAS, the apricot orchard is one of only three historic orchards in the surrounding Bay Area and a valued asset to the community.

WHEREAS, The approval of this agreement with the Los Altos History Museum is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) in that the only work required under the agreement is limited to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and none of the circumstances identified in CEQA Guidelines Section 15300.2 applies.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby authorizes the City Manager to execute an agreement with the Los Altos History Museum for maintenance services in the amount of $225,000 for fiscal year 23/24, 24/25 & 25/26 on behalf of the City.

AYES:

NOES:

ABSENT:

ABSTAIN:
80 Agenda Item # 13.

Resolution No. 2023- Page 2
ATTACHMENT 1
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, CITY CLERK
81 Agenda Item # 13.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject Resolution No. 2023-xx: Repeal Resolution No. 2019-30 regarding the Open Government Policy
Prepared by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution No. 2023-xx
Initiated by:

City Council
Previous Council Consideration:

February 28, 2023
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to repeal Resolution No. 2019-30 regarding the Open Government Policy?
Summary:
 At the February 28, 2023 City Council meeting, Council considered a Resolution to repeal the Open Government Policy as many of the items in the Policy had been eliminated via other Council actions (Ordinances, Resolutions, Policies, etc.)  Council directed that the Resolution should simply dissolve the Open Government Subcommittee and that remaining items be addressed prior to elimination of the Open Government Policy
 On June 13, 2023, the City Council adopted revisions to the Council Norms which addressed most remaining items in the Open Government Policy 82 Agenda Item # 14.

Subject: Resolution No. 2023-xx: Repeal Resolution No. 2019-30 regarding the Open Government Policy
June 27, 2023 Page 2
Staff Recommendation:

Adopt Resolution No. 2023-xx repealing Resolution No. 2019-30 regarding the Open Government Policy
83 Agenda Item # 14.

Subject: Resolution No. 2023-xx: Repeal Resolution No. 2019-30 regarding the Open Government Policy
June 27, 2023 Page 3
Purpose
To adopt a Resolution repealing the Open Government Policy Background
On January 13, 2015, the City Council adopted Resolution No. 2015-02 establishing the Open Government Policy. The Policy was further amended in 2017, 2018 and 2019.

The Open Government Policy consisted of eight sections each of which established requirements governing how the City would go beyond State law in areas of posting of agendas and materials under the Brown Act and noticing of public meetings. The original stated intent of the Policy was to “go beyond the minimum requirements of the law to instill public confidence and increase transparency. Many of the sections of the Open Government Policy have been modified or eliminated due to State law or Council action. As a result the remaining sections are largely duplicative of other City Policies.

Discussion/Analysis
At the February 21, 2023 Council Retreat, Council discussed repealing the Open Government Policy as most of the requirements previously found in the Policy had been eliminated or are addressed in other City policies.

Section 1
Section 1 refers to the State Brown Act and that the City will have a page on the City website with the Open Government Policy and a brief summary of the Brown Act.

Section 2
Section 2 establishes that the City will pose the agenda and accompanying materials on the City’s website at least eight calendar days before a regular City Council meeting. At the June 13 Council meeting, Council amended the Council Norms to state that agendas for regular meetings are posted by 5:00 p.m. on the Thursday prior to the meeting.

Section 3
Section 3 referred to public noticing for development projects within the City. Requirements for noticing included sending notices to 1,000 feet of a proposed development and erecting story poles in advance of public meetings.

As part of the implementation of the Housing Element Update and in response to State law, City Council adopted Resolution No. 2023-11 on February 14, 2023 to eliminate the requirement to set 84 Agenda Item # 14.

Subject: Resolution No. 2023-xx: Repeal Resolution No. 2019-30 regarding the Open Government Policy
June 27, 2023 Page 4
up story poles. Also, on March 28, 2023 Council adopted Ordinance No. 2023-490 which changed the noticing distance from 1,000 feet to 300 feet.

Section 4
Section 4 requires that City Council and Commission meetings be recorded and retained permanently. As part of the revision to the Council Norms, Council amended Section 8.2 of the Norms to include the requirement that meetings be recorded and retained permanently.

Sections 5 and 6
Sections 5 and 6 relate to an index of City records and a list of Public Records Requests being available on the City’s website. City staff is currently researching software to assist in the response to requests for public records. This software will integrate with the City’s website and will contain all requests for public records.

Section 7
Section 7 established the Open Government Standing Committee. On February 28, 2023, the Council adopted a Resolution dissolving the Committee.

Section 8
Section 8 establishes that the Open Government Policy be reviewed annually.

As Sections 2, 3, 4 and 7 have either been rescinded or are superseded by other Council policies or State law, it recommended that the Open Government Policy be rescinded in its entirety as to avoid any potential confusion as to the requirements addressed therein.

Recommendation
The staff recommends Council adopt Resolution No. 2023-xx repealing the Open Government Policy
85 Agenda Item # 14.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS REPEALING RESOLUTION NO. 2019-30 IN ITS ENTIRETY
WHEREAS, on January 13, 2015, the City Council adopted Resolution No. 2015-02 establishing the Open Government Policy and subsequently adopted Resolution Nos. 2015- 12, 2017-33, 2018- 13 and 2019-30 amending the Open Government Policy; and WHEREAS, the City Council has eliminated provisions of the Open Government Policy based on State law and has modified or implemented the remaining provisions in other Council policies; and
WHEREAS, to avoid confusion with other City policies and ordinances.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby repeals Resolution No. 2019-30 and rescinds the Open Government Policy.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, CITY CLERK
86 Agenda Item # 14.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject Appeal of the Planning Commission’s Decision on the Design Review and Variance Applications SC22-0029 & V23-0002 at 5790 Arboretum Drive Prepared by: Jia Liu, Associate Planner
Stephanie Williams, Planning Services Manager
Reviewed by: Nick Zornes, Development Services Director Jolie Houston, City Attorney
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Draft Resolution

2. Project Plans

3. Appeal Application Form

4. May 18, 2023, Planning Commission Draft Meeting Minutes

5. May 18, 2023, Planning Commission Agenda Report

6. Appellant Request for Continuance
Initiated by:

Marwan and Lisa Eways, Applicant
Previous Council Consideration:

None
Fiscal Impact:

None
Environmental Review:

If the City Council upholds the Planning Commission’s decision, then no environmental review is required under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 (“Projects Which are Disapproved”) because CEQA does not apply to projects which are disapproved. If the City Council approves the appeal application, then it may find that the project is categorically exempt under Section 15301 (“Existing Facilities”) of the CEQA Guidelines because it involves an alteration and addition to an existing single-family dwelling in a residential zone within 87 Agenda Item # 15.

Subject: Appeal of the Planning Commission’s Decision on the Design Review and Variance Applications (SC22-0029 & V23-0002) at 5790 Arboretum Drive June 27, 2023 Page 2
size limits specified in Section 15301(e), and none of the circumstances stated in CEQA Guidelines Section 15300.2 apply.

Summary:
 The project applicant applied for a Design Review and Variance applications to allow an addition to an existing single-family residence consisting of an approximately 190 square-foot addition and 465 square-foot deck on the first story and an eight square-foot addition and 327 square-foot deck on the second story. The variance is requested for a 16-foot and six-inch, second-story side setback for the second-story deck, where a 25-foot side setback is required.  The Planning Commission considered the project at a public hearing on May 18, 2023, and unanimously denied the request.
 The applicant appealed the Planning Commission’s “straw vote” decision and results.

Background
Property History and Existing Site Conditions
The 4,697 square foot home was originally approved in 2003 by the County of Santa Clara when the property was within the County’s jurisdiction. In 2006, the neighborhood, commonly known as Woodland Acres Neighborhood, was annexed into the City. As one of the properties in the annexed neighborhood, any new development on the property is subject to current City standards.

As the original development was subject to the County’s zoning regulations, which have less restrictive setbacks than current city regulations, the existing house is a legal non-conforming structure. The nonconformities include the two side setbacks that currently require 20-foot first story setback and 25-foot second story setback compared to the existing house’s 15-foot side setbacks for both the first and second stories (see Attachment 2 – Project Plans).

The property is a sloped lot with the home located on the more level portion of the property towards the street and the rear yard is sloped with an approximately 30-foot elevation difference within a 100-foot depth. The rear yard also appears to remain undisturbed with some existing vegetation including two trees that are close to the proposed deck areas.

Design Review Commission Meeting
On February 15, 2023, the Design Review Commission (DRC) discussed the proposed design review application in a public meeting. The staff report recommended approval to the DRC, subject to a specific condition that requires the revision of the second-story deck to comply with the required second-story setback resulting in a setback of 25 feet instead of the proposed sixteen feet and six inches. However, the applicant opposed this condition and expressed the intent to the DRC to seek a variance to allow the non-compliant side setback for the deck as proposed. The DRC subsequently continued the item to a meeting date uncertain and advised the applicant to apply for a concurrent variance application to proceed per the applicant’s request.
88 Agenda Item # 15.

Subject: Appeal of the Planning Commission’s Decision on the Design Review and Variance Applications (SC22-0029 & V23-0002) at 5790 Arboretum Drive June 27, 2023 Page 3
Planning Commission Meeting
Following the zoning code amendments to implement the City's 2023-2031 Housing, the Design Review Commission has since been dissolved and the review authority for design review applications for singlefamily residential developments has been delegated to the Zoning Administrator and the review for variance applications delegated to the Planning Commission. Because the variance request is subject to Planning Commission review, the design review request was bundled with the variance request and was considered by the Planning Commission at their meeting of May 18, 2023. It should be noted that there was one commissioner absent from the meeting for a total of six commissioners present at the meeting.

Staff recommended denial of the project to the Planning Commission due to the inability to make all three required variance findings codified in Los Altos Zoning Code (LAZC) Section 14.76.070 B. Because of the recommendation of denial for the variance, staff also recommended denial to the design review as the project does not meet the underlying zoning development standards and cannot meet the findings of the design review per LAMC Section 14.76.060.

During deliberation and discussion, three Commissioners verbally expressed support and three Commissioners expressed opposition to the requested variance. After consideration of staff’s recommendation, public testimony, and the applicant’s presentation which expressed their desire for their project to be heard by the City Council, the Planning Commission unanimously voted (6-0 vote with one commissioner absent) to deny the project.

Appeal
On May 31, 2023, the applicant appealed the Planning Commission’s decision to the City Council within the permissible 14-day appeal period. The application appeal form with the applicant’s reason for appeal can be found in Attachment 3.

Discussion/Analysis
Design Review Application
As discussed previously, the existing home is a nonconforming structure. The proposed 190 square-foot addition on the first floor and eight square-foot addition at the second floor are consistent with the current City development standards, including the side setbacks. The proposed first floor deck expansion along the rear elevation has a proposed 15-foot side setback, where the required minimum setback is 20 feet (shown as the area in red in Figure 1 below) which is allowed per Section 14.10.080 E. of the Zoning Code which allows limited nonconforming expansions without a variance as follows:

Where a building legally constructed according to existing yard and setback regulations at the time of construction encroaches upon currently required setbacks, the city planner may approve one encroaching setback to be extended by no more than twenty (20) feet or fifty (50) percent, whichever is less, along its existing building line without a variance, subject to the following provisions:
89 Agenda Item # 15.

Subject: Appeal of the Planning Commission’s Decision on the Design Review and Variance Applications (SC22-0029 & V23-0002) at 5790 Arboretum Drive June 27, 2023 Page 4

1. The extension may only be applied to the first story.

2. Only one such administrative extension may be permitted for the life of the building. Other extensions may be considered, subject to the filing of a variance application.

3. Extensions are only permitted for the main structure and cannot result in a further encroachment into any required setback area.

Figure 1
The second story deck (shown as the red area in Figure 2 below) is located on top of the proposed first story addition with a side setback of 16 feet and six inches where 25 feet is required and the allowance for limited nonconforming expansions without a variance only applies to the first story. To achieve the proposed design, the applicant is requesting a variance. 90 Agenda Item # 15.

Subject: Appeal of the Planning Commission’s Decision on the Design Review and Variance Applications (SC22-0029 & V23-0002) at 5790 Arboretum Drive June 27, 2023 Page 5
Figure 2
Variance Application
The variance being requested is for a reduction to the second story side setback. The proposed second story deck is proposed atop the first-story addition that will result in an eight-foot and six-inch encroachment into the required 25-foot setback. The encroachment is highlighted in yellow shown in Figure 3 below.
91 Agenda Item # 15.

Subject: Appeal of the Planning Commission’s Decision on the Design Review and Variance Applications (SC22-0029 & V23-0002) at 5790 Arboretum Drive June 27, 2023 Page 6
Figure 3
Pursuant to LAMC Section 14.76.070 B., a variance may be granted only when all three findings cited below can be made. The third criterion derives from state law (see Government Code Section 65906) and shall be strictly construed.

1. That the granting of the variance will be consistent with the objectives of the zoning plan set forth in Article 1 of Chapter 14.02;

2. That the granting of the variance will not be detrimental to the health, safety, or welfare of persons living or working in the vicinity or injurious to property or improvements in the vicinity; and

3. That variances from the provisions of this chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.

As part of the variance application submittal requirements, the applicant provided a variance justification letter that is enclosed as part of the Planning Commission agenda report in Attachment 4. This letter outlines the applicant's explanation why they believe the requested variance should be granted by demonstrating how each finding is met.
92 Agenda Item # 15.

Subject: Appeal of the Planning Commission’s Decision on the Design Review and Variance Applications (SC22-0029 & V23-0002) at 5790 Arboretum Drive June 27, 2023 Page 7
Regarding Finding No. 1, the applicant believes the project meets two objectives set forth in LAMC Chapter 14.02 including Subsection F - To protect and enhance real property values within the city; and Subsection G - To conserve the city's natural beauty, to improve its appearance, and to preserve and enhance its distinctive physical character.

Based on the given statement, staff has found that this finding cannot be justified because it does not meet the objective of ensuring a harmonious and convenient relationship among land uses, as specified in Subsection B that will deviate the second story side setback standard from the city’s zoning regulations.

Furthermore, staff finds the granting of the variance is not necessary to allow the property owners the reasonable enjoyment of their property because there are alternative deck design options available that can achieve the same goal. For example, the proposed deck can be expanded towards the north to comply with the second-story side setback while still providing the same size deck in a slightly different configuration. Another option to consider is expanding the existing second-story terrace through the hallway. With the possibility of other design solutions, staff does not believe that this finding can be made.

Regarding Finding No. 2, the applicant felt the finding could be made for several reasons. First, the deck is located at the rear of the house, making it invisible from the street, and its small size and lower elevation than the street further contribute to its inconspicuousness. Second, there are no privacy concerns since the deck is not aligned with neighboring structures but is instead proposed to be built with a proposed privacy screening wall. The deck will also be screened by existing screening vegetation. Additionally, the neighbors have expressed support, and two adjacent properties already have non-compliant second-floor decks.

However, staff found that granting this variance could have negative impacts on the surrounding area because the project does not meet the zoning setback standards established to provide better ventilation, sound isolation, reduced lighting and glare, increased landscaping, and access to emergency services between properties and structures. Additionally, staff found that the two adjacent properties with noncompliant second-floor decks do not establish a pattern because:
 The property at 5810 Arboretum Drive, located to the south side, was developed prior to the annexation of the Woodland Acres Neighborhood. The existing non-compliant deck is a legal nonconforming structure, like the house.  The property at 5770 Arboretum Drive, located to the north side, was granted a variance and design review application (12-V-11 and 12-SC-56) in 2013 by the Design Review Commission for construction of a new two-story house. The granted variance includes a reduction in the side setbacks at both stories. However, staff does not believe that this example is analagous since the property at 5770 Arboretum Drive has an average lot width that is less than 100 feet. In 2015, a zoning code amendment was adopted through Ordinance No. 2015-114 that allows properties with a lot width less than 100 feet in the R1-20 Zoning District to be subject to the R1-10 Zoning District's 93 Agenda Item # 15.

Subject: Appeal of the Planning Commission’s Decision on the Design Review and Variance Applications (SC22-0029 & V23-0002) at 5790 Arboretum Drive June 27, 2023 Page 8
development standards. Therefore, the reduced side setbacks at both floors at 5770 Arboretum Drive are currently compliant.

Regarding Finding No. 3, the applicant believes that the property has several special circumstances that justify this variance application for approval. These circumstances include steeply sloping topography, the inability to comply with design guidelines without exception to the side yard setback, the existing legal non-conforming structure compared to the current City's setback requirements due to development prior to annexation, and the need to preserve a mature oak tree while designing an outdoor space.

Staff acknowledged the existence of the site’s conditions with a steep slope throughout the rear yard. Due to this topography, staff is supportive of the proposed idea of a second story deck with a larger size than other proposed second-story decks on relatively flat lots. However, the slope is not considered special circumstance that would deprive the property owners’ privileges because the owners have other options to achieve similar results for the enjoyment of their property by implementing a modified deck design as staff explained earlier in the report.

In addition, the non-conformity of the existing home due to its development under the County’s regulations does not justify further deviations from the current City setback requirements. The applicant has already utilized an administrative zoning code exception to align the expansion of the first-story deck with the existing non-conforming first-story side setback. Staff believes that the current zoning code recognizes the existence of non-conforming structures and acknowledges the homeowners' desire to align new developments with these structures in a limited manner, ensuring fairness for all residential property owners.

Recommendation

1. Uphold the Planning Commission’s denial of Design Review and Variance Applications SC22- 0029 & V23-0002 at 5790 Arboretum Drive and find no environmental review is required under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 (“Projects Which are Disapproved”) because CEQA does not apply to projects which are disapproved.

2. On June 17, 2023 the appellant notified staff that they would be unable to attend the Public Hearing scheduled for June 27, 2023 and requested a continuance of the item (Attachment 6).

Staff’s recommendation is to continue the Public Hearing to date certain of September 26, 2023 at 7:00 p.m. based on the appellant’s request.
94 Agenda Item # 15.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS DENYING APPEAL NO. 23-0001 AND UPHOLDING THE PLANNING
COMMISSION’S DENIAL OF DESIGN REVIEW AND VARIANCE APPLICATIONS

FOR RESIDENTIAL IMPROVEMENTS TO AN EXSTING SINGLE-FAMILY RESIDENCE AT 5790 ARBORETUM DRIVE
WHEREAS, the City of Los Altos received applications for Design Review (File Number SC22- 0009) and Variance (File Number V23-0002) from Marwan and Lisa Eways, (Applicant), for the construction of a 190 square-foot addition and a 465 square-foot deck expansion at the first story and an eight square-foot addition and a new 327 square-foot outdoor deck at the second story to the existing single-family residence, hereafter referred to as the “Project”; WHEREAS, said Project is located in the R1-20 District, which allows single-family housing as a permitted use and shall be developed per Los Altos Municipal Code Chapter 14.10; and WHEREAS, the variance is requested for a reduction in the required second story side setback from 25 feet to 16 feet and six inches for the second story deck; and WHEREAS, the property owner submits that the property's unique topography, as well as the location of existing trees and structures, make it difficult to comply with the required second story side setback; and
WHEREAS, said Project is exempt from environmental review under Section 15270 of the California Environmental Quality Act (“CEQA”) Guidelines because CEQA does not apply to projects which are disapproved; and
WHEREAS, on February 15, 2023, the Design Review Commission held a public meeting to discuss the design review of said Project and continued to the project to a meeting date uncertain; and WHEREAS, on February 28, 2023, upon the approval of the zoning code amendments to implement the adopted 2023-2031 Housing Element by the City Council, the Planning Commission is the approval authority for said Project; and
WHEREAS, on May 18, 2023, the Planning Commission conducted a duly noticed public hearing at which members of the public were afforded an opportunity to comment upon the Project, and at the conclusion of the hearing, the Planning Commission denied said project; and WHEREAS, the decision of the Planning Commission was appealed to the City Council by Marwan and Lisa Eways in a time and manner prescribed by the City of Los Altos Municipal Code Chapter

1.12; and
WHEREAS, on June 27, 2023, the City Council conducted a duly noticed public hearing at which members of the public were afforded an opportunity to comment upon the appeal, and at the conclusion of the hearing, the City Council denied said appeal and upheld the decision of the Planning Commission; and
95 Agenda Item # 15.

Resolution No. 2023- Page 2
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby denies appeal No. 23-0001 and upholds the Planning Commission’s denial of design review and variance applications for residential improvements to an existing single-family residence at 5790 Arboretum Drive subject to the Findings in Exhibit A attached hereto and incorporated by reference.

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________
Sally Meadows, Mayor
Attest:
_____________________________
Melissa Thurman, City Clerk
96 Agenda Item # 15.

Resolution No. 2023- Page 3

EXHIBIT A

FINDINGS
SC22-0029 & V23-0002 at 5790 Arboretum Drive
Design Review
With regard to the improvements to the existing two-story residence, the Planning Commission finds the following in accordance with Section 14.76.060 of the Municipal Code:

A. The proposed structure or alteration complies with all provisions of this chapter; This finding cannot be made because:

The proposed second-story deck does not meet the objective side setback requirements set forth in LAMC Sections 14.10.080 and 14.66.210.

B. The height, elevations and placement on the site of the proposed main or accessory structure or addition, when considered with reference to the nature and location of residential structures on adjacent lots, and will consider the topographic and geologic constraints imposed by particular building site conditions;
This finding cannot be made because:

The height, elevations, and placement on the site of the proposed addition to the existing house is found not compatible when considered with reference to the nature and location of residential structures on adjacent lots, and will not consider the topographic and geologic constraints imposed by particular building site conditions because the proposed project, specifically for the secondstory deck does not comply with the objective setback requirement and is further found not compatible with the location of the residential structures on adjacent lots that are developed after annexation of the neighborhood.

C. The natural landscape will be preserved insofar as practicable by minimizing tree and soil removal; grade changes shall be minimized;
This finding cannot be made because:

The natural landscape will not be preserved insofar as practicable by minimizing tree and soil removal; grade changes shall be minimized because the proposed project will disturb existing grading and conduct soil removal or soil filling in order to construct the first story addition situated on the natural slope.

D. The orientation of the proposed main or accessory structure or addition in relation to the immediate neighborhood will minimize excessive bulk;
This finding cannot be made because:

The orientation of the house in relation to the immediate neighborhood will not minimize excessive bulk because the proposed second story deck with a five-foot and six-inch solid screening wall will encroach into the required side yard resulting a bulky appearance due to the close distance than allowed in the zoning code.
97 Agenda Item # 15.

Resolution No. 2023- Page 4
E. General architectural considerations, including the size and scale, the architectural relationship with the site and other buildings, building materials and similar elements have been incorporated in order to insure the compatibility of the development with its design concept and the character of adjacent buildings on the same project site; and
This finding cannot be made because:

General architectural considerations, including the size and scale, the architectural relationship with the site and other buildings, building materials, and similar elements have not been incorporated in order to insure the compatibility of the development with its design concept and the character of adjacent buildings on the same project site because the proposed second story deck is eight feet and six inches less than the required second story setback will lead to an incompatible pattern with the character of adjacent buildings that are subject to the current city standards for development.

F. The proposed structures have been designed to follow the natural contours of the site with minimal grading, minimal impervious cover and maximum erosion protection. A stepped foundation shall be required where the average slope beneath the proposed structure is ten (10) percent or greater.

This finding cannot be made because:

The proposed house improvements have not been designed to follow the natural contours of the site with minimal grading, minimum impervious cover, and maximum erosion protection because of the proposed addition will alter the natural topography by placing the first story addition, the staircase to the second story deck, and the expansion of the first story deck. 98 Agenda Item # 15.

Resolution No. 2023- Page 5
Variance
With regard to the improvements to the existing two-story residence, the Planning Commission finds the following in accordance with Section 14.76.070 B. of the Municipal Code:

A. That the granting of the variance will be consistent with the objectives of the zoning plan set forth in Article 1 of Chapter 14.02.

This finding cannot be made because:

Granting of the variance will not be consistent with the objectives of the zoning plan because it does not meet the objective of ensuring a harmonious and convenient relationship among land uses, as specified in Section 14.02.020 B. of the Municipal Code that will deviate the second story side setback standard from the city’s zoning regulations. Furthermore, granting the variance is not necessary to meet other objectives. Staff found that there are alternative design options available for the proposed deck that can achieve the same goal.

B. That the granting of the variance will not be detrimental to the health, safety, or welfare of persons living or working in the vicinity or injurious to property or improvements in the vicinity.

This finding cannot be made because:

Granting the variance could have negative impacts on the surrounding area because the project does not meet the zoning setback standards established to provide better ventilation, sound isolation, reduced lighting and glare, increased landscaping, and access to emergency services between properties and structures.

C. That variances from the provisions of this chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the provisions of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.

This finding cannot be made because:

The steeply sloping topography is not considered special circumstance that would deprive the property owners’ privileges because the owners have other options to achieve similar results for the enjoyment of their property by implementing a modified deck design as staff explained earlier in the report. The non-conformity of the existing home due to its development under the County’s regulations does not justify further deviations from the current City setback requirements. The exception to allow the first-story deck’s expansion in the zoning code acknowledges a nonconforming structure’s existence and the desire from homeowners to align new development with the structure in a limited way.
99 Agenda Item # 15.

OWNER: MARWAN
EWAYS
5790ARBORETUMDRIVE
LOSALTOS,CA94024
PH.:415.806.7410
EM.:[email protected]
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

12.20.22 22101
A REMODEL/ADDITION FOR:EWAYS FAMILY5790 ARBORETUM DRIVELOS ALTOS, CA 94024 P.D.12.20.22
FILE:22101_DRR1_cover.v2022

DESIGN REVIEW APPROVAL SET - NOT FOR CONSTRUCTION
squarethreearchitectureinc
900 high street suite 3
palo alto, ca 9 4 3 0 1
6 5 0 • 3 2 6 • 3 8 6 0
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
A0.01

PROJECTDESCRIPTION
4 SITE: 5790

ARBORETUMDRIVE,
LOSALTOS,CA94024
2 PROJECTDIRECTORY1
THIS PROJECTS INVOLVES THE FOLLOWING:

1. NEW±188SFEXTENSIONONTHELOWERFLOORANDNEW±8SFEXTENSIONONUPPERFLOOR.

2. A±584SFEXTENSIONTOANEXISTINGLOWERFLOORDECK.

3. CONSTRUCTIONOFANEW±284SFROOFDECKONTHEUPPERFLOOR.

SHEETINDEX3
VICINITYMAPN.T.S.6PROJECTDATA
ARCHITECT: SQUARE THREE

ARCHITECTURE
900HIGHSTREET,SUITE3
PALOALTO,CA94301
PH.:650.326.3860X112,X115
EM.:[email protected]
[email protected]
CONTACT:TOMCARRUBBA

CAMDENSANTO
A0.01PROJECTINFORMATION,NEIGHBORHOODCONTEXT,SHEETINDEX

ZONINGCOMPLIANCE
C-5EXISTINGPRELIMINARYGRADING&DRAINAGEPLAN
C-6EXISTINGTOPOGRAPHICSURVEY
EC1EXISTINGSITEPLAN
EC2EXISTINGLOWERFLOORPLAN
EC3EXISTINGUPPERFLOORPLAN
EC4EXISTINGROOFPLAN
EC5-EC6EXISTINGEXTERIORELEVATIONS
A1.01PROPOSEDSITEPLAN
A1.02EXISTINGPRIVACYSCREENINGPHOTOS
A2.01PROPOSEDLOWERFLOORPLAN
A2.02PROPOSEDUPPERFLOORPLAN
A2.03PROPOSEDROOFPLAN
A2.04FLOORAREAANDCOVERAGECALCULATIONDIAGRAM
A3.01PROPOSEDEXTERIORELEVATIONS
A3.02PROPOSEDEXTERIORELEVATIONS
A3.03EXISTINGEXTERIORVIEWS
A5.01PROPOSEDBUILDINGSECTIONS

SITE DATA
A.P.N.342-04-093
OCCUPANCYGROUPR,DIVISION3

BUILDINGTYPEV-B
ZONER1-20

EXISTINGPROPOSEDALLOWED/ REQUIRED

ZONING COMPLIANCE

SQUARE FOOTAGE BREAKDOWN

EXISTINGCHANGE INTOTAL PROPOSED

LOT CALCULATIONS
TOTALHARDSCAPEAREA(EXISTINGANDPROPOSED):6,163.6SF
EXISTINGSOFTSCAPE(UNDISTURBED)AREA:15,526.4SF
NEWSOFTSCAPE(NEWORREPLACEDLANDSCAPING)AREA:0SF

SUMOFALLTHREESHOULDEQUALTHESITE'SNETLOTAREA
LANDSCAPING BREAKDOWN: LOT COVERAGE: LAND AREA COVERED
BYALL

STRUCTURESTHATAREOVER
6FEETINHEIGHT
FLOOR AREA:

MEASUREDTOTHEOUTSIDE

SURFACESOFEXTERIOR
WALLS SETBACKS: FRONT REAR RIGHT SIDE (1S
T/2ND)
LEFTSIDE(1ST/2ND)
HEIGHT:
3,482.1 SQUARE FEET
(16.05%)
1ST FLR: 1,494.5 SF
2ND FLR: 3,202.9 SF
TOTAL: 4,697.4 SF
(21.66%)
30FT
35FT
20FT/25FT
20FT/25FT
30FT
35FT
20FT/25FT
20FT/25FT
30FT
35FT
20FT/25FT
20FT/25FT
4,764.2 SQUARE FEET
(21.96%)
5,423 SQUARE FEET
(25%)
1ST FLR: 1,683.1 SF
2ND FLR: 3,210.6 SF
TOTAL: 4,893.7 SF
(22.56%)
4,919 SQUARE FEET
(22.68%)
± 25' - 7"± 25' - 7"± 27' - 0"
HABITABLE LIVING AREA:

INCLUDESHABITABLE

BASEMENTAREAS
NON-HABITABLE AREA:

DOESNOTINCLUDECOVERED

PORCHESOROPEN

STRUCTURES
4,399.4 SQUARE FEET
494.3 SQUARE FEET
NET LOT AREA:
21,690 SQUARE FEET
FRONT YARD HARDSCAPE AREA:

HARDSCAPEAREAINTHEFRONTYARDSETBACK
SHALLNOTEXCEED50%
1,316.9 SQUARE FEET
(41.61%)
4,203.1 SQUARE FEET
494.3 SQUARE FEET
196.3 SQUARE FEET
0 SQUARE FEET

NEIGHBORHOODCONTEXTMAP

PROJECTDIRECTORY

SHEETINDEX

PROJECTDESCRIPTION

PROJECTDATA

VICINITYMAP

NEIGHBORHOODCONTEXT
A
R
B
O
R
E
T
U
M
D
R
I
V
E

RAISEDPATIOOFFOF

LOWERLEVEL

BALCONYOFFOFUPPER
LEVEL

NEWROOFDECKOFF

UPPERLEVEL

EXPANDEDDECKOFFOF

LOWERLEVEL

RAISEDPATIOOFFOF

LOWERLEVEL
5810 ARBORETUM DRIVE
(E) 2-STORY HOME
5770 ARBORETUM DRIVE
(E) 2-STORY HOME
5790 ARBORETUM DRIVE
(E) 2-STORY HOME
NOTUSED7
1"=30'
5 1I.R.COMMENTS12/16/22
1 1
NOTUSED8
1 1
100
Agenda Item # 15.
101
Agenda Item # 15.
102
Agenda Item # 15.
date
job no.
sheet title
revision date
1 INCH AT FULL SCALE, IF NOT 1 INCH

THIS DRAWING HAS BEEN REPRODUCED
(NOT TO SCALE SHOWN)
scale

12.20.22 22101
A
F
EA
SA
BILITY
S
T
U
D
Y
F
O
R:

E
WAY
S
FA
MILY
5 79
0 A
R
B
O
R
E
T
U
M
D
RIV
E
L
O
S
A
L
T
O
S, CA
9 4
0 2
4 P.D. 12.20.22
FILE: 22101_DRR1_EC_sht.plans.v2022
square three architecture inc
900 high street suite 3
palo alto, ca 9 4 3 0 1
6 5 0 • 3 2 6 • 3 8 6 0
D
E
SIG
N R
EVIE
W A
P
P
R
OVA
L S
E
T - N
O
T F
O
R C
O
N
S
T
R
U
C
TIO
N
COPYRIGHT 2022

SQUARE THREE ARCHITECTURE, INC
EC1

EXISTING SITE PLAN
EXISTING SITE PLAN 1
(E) TWO-STORY RESIDENCE
5790 ARBORETUM DRIVE
4,719 SF
G
DN.
(E) CONCRETE RETAINING WALL

DOUBLE DASHED LINES OF RETAINING

WALL BELOW

DOUBLE DASHED LINES OF INTERIOR

WALL BELOW
20'-0" SIDE YARD BUILDING SETBACK
20'-0" SIDE YARD BUILDING SETBACK
35'-0" REAR
YARD

BUILDING

SETBACK
3 0'-0" F
R
O
N
T
YA
R
D
B
UIL
DIN
G
S
E
T
BA
C
K
PROPERTY LINE - 216.21'
PROPERTY LINE - 166.10'
PROPERTY LINE - 27.79'
PROPERTY LINE - 74.23'
PROPERTY LINE - 11.90'

DASHED RED LINE INDICATING
ROOF LINE, TYP.
(E) CONCRETE RETAINING WALL
TREE TRUNK, TYP.

APPROXIMATE LOCATION OF
TREE DRIPLINE, TYP.

BAY WINDOW

BAY WINDOW
(E) CONCRETE RETAINING WALL
(E) CONCRETE DRIVEWAY

DOWNSPOUT AND
GUTTER, TYP.
25'-0" SECOND STORY BUILDING SETBACK
25'-0" SECOND STORY BUILDING SETBACK
14" Ø OAK
14" Ø OAK
4" Ø HOLLY - 14' TALL
26" Ø OAK
4" Ø SWAMP BAY - 6' TALL
12" Ø CHERRY PALM - 18' TALL
12" Ø HOLLY - 20' TALL
4" Ø SWAMP BAY - 12' TALL
12" Ø OAK
18" Ø EVERGREEN
(SPECIES UNKNOWN)
12" Ø OAK
14" Ø OAK
8" Ø OAK
6" Ø OAK
6" Ø OAK
14" Ø OAK
18" Ø OAK
30" Ø EUCALYPTUS
16" Ø EUCALYPTUS
16" Ø EUCALYPTUS
16" Ø EUCALYPTUS
8" Ø OAK
8" Ø OAK
8" Ø OAK
8" Ø OAK
12" Ø PINE 12" Ø PINE
18" Ø OAK 12" Ø OAK
8" Ø OAK
12" Ø JAVA PLUM - 18' TALL
6" Ø DECIDUOUS - 14' TALL
6" Ø DECIDUOUS - 18' TALL
6" Ø HOLLY - 15' TALL
4" Ø SWAMP BAY - 8' TALL
1/8"
1 I.R. COMMENTS 12/16/22
"X" INDICATES TREES THAT WERE

REMOVED AFTER CIVIL SURVEY BUT PRIOR

TO THE CURRENT OWNERS PURCHASING
THE PROPERTY. TREES WER REMOVED

PRIOR TO PROPERTY BEING ANNEXED

INTO LOS ALTOS WHEN PROPERTY WAS

STILL UNDER SANTA CLARA COUNTY
JURISDICTION.
103
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

12.20.22 22101
A FEASABILITY STUDY FOR:EWAYS FAMILY5790 ARBORETUM DRIVELOS ALTOS, CA 94024 P.D.12.20.22
FILE:22101_DRR1_EC_sht.plans.v2022
squarethreearchitectureinc
900 high street suite 3
palo alto, ca 9 4 3 0 1
6 5 0 • 3 2 6 • 3 8 6 0

DESIGN REVIEW APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
EC2

EXISTINGLOWERFLOORPLAN
EXISTINGLOWERFLOORPLAN1

SITTING ROOM
BEDROOM 1BEDROOM
2 BEDROOM 3
HALL
HALL

SHARED BATHROOM
CLOSET
BATHROOM 3

EXTERIOR DECK
UP.

BAR

CONCRETERETAININGWALL

CRAWLSPACEACCESSDOOR

ENTERTAINMENTCABINET

DASHEDLINEOFFLOORABOVE

ROOFDECKANDOVERHANDABOVE

CHIMNEYABOVE
1/4"
1I.R.COMMENTS12/16/22
104
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

DESIGN REVIEW APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
EC3

EXISTINGUPPERFLOORPLAN
EXISTINGUPPERFLOORPLAN1
G
LIVING
FAMILY
FOYER

HALLTERRACE

PRIMARY BEDROOM

PRIMARY BATHROOM

WALK-IN CLOSET
OFFICE
DINING

KITCHEN

LAUNDRY
GARAGE
HALL
DN.

FIREPLACE

ATTICACCESS
HATCH

BUILT-IN

SHELVING

ATTICACCESS
HATCH
VEST.

OPENTO
BELOW

GUARDRAIL
1/4"
1I.R.COMMENTS12/16/22
105
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

DESIGN REVIEW APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
EC4

EXISTINGROOFPLAN
EXISTINGROOFPLAN1
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12 4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12

CHIMNEYFLUEANDSPARKARRESTOR
DOWNSPOUT,TYP.

GUTTER,TYP.

DOUBLEDASHEDLINESOF

SECONDFLOORWALLSBELOW
SOLARPANELS,TYP.

RIDGE
RIDGE
RIDGE
RIDGE
RIDGE
VALLEY
RIDGE
HIP

HIP VALLEY
HIP
VALLEY
HIP
HIP
VALLEY
RIDGE
HIP
HIP
HIP
HIP
RIDGE
HIP
HIP
VALLEY
VALLEY
VALLEY

VALLEY VALLEY
RIDGE
HIP
RIDGE
RIDGE
RIDGE
HIP
HIP
HIP
VALLEY

VALLEY RID
GE
VALLEY
HIP
HIP
HIP
HIP
HIP
HIP
1/4"
1I.R.COMMENTS12/16/22
106
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

12.20.22 22101
A FEASABILITY STUDY FOR:EWAYS FAMILY5790 ARBORETUM DRIVELOS ALTOS, CA 94024 P.D.12.20.22
FILE:22101_DRR1_EC_elevs.sects.v2022
squarethreearchitectureinc
900 high street suite 3
palo alto, ca 9 4 3 0 1
6 5 0 • 3 2 6 • 3 8 6 0

DESIGN REVIEW APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
EC5

EXISTINGEXTERIOR

ELEVATIONS
1/4"2
1/4"1

EXISTINGSIDE(SOUTH)EXTERIORELEVATION

EXISTINGREAR(WEST)EXTERIORELEVATION
F.F.-2NDFLR.

HEAD-2NDFLR.

PLATE-2NDFLR.

F.F.-1STFLR.
(ELEV.469.67')
HEAD-1STFLR.

PLATE-1STFLR.

F.F.-GARAGE
F.F.-2NDFLR.

HEAD-2NDFLR.

PLATE-2NDFLR.

PLATE-LIVING
T.O.ROOF
±11'-2"
7'-10"
10'-0" 1'-1 1/2"
2'-2"
±28'-3"
7'-10"
11'-5" 10'-5" 6'-4 3/4"
2'-2" 1'-5" 7'-10" 2'-2" 5"
200AMPELECTRICSERVICE

METERANDDISCONNECTPANEL

GASMETER

FIRESPRINKLERRISER
DOWNSPOUT,TYP.

ASPHALTCOMPOSITION

SHINGLEROOF

CHIMNEYFLUEAND

SPARKARRESTOR

CONCRETERETAININGWALL

METALHANDRAIL
PL
±28'-3"
AVE.GRADE
(ELEV.476.00')
NOTE:

GRADEINDICATEDISFOR

THEPURPOSEOFESTABLISHING

THEDAYLIGHTPLANE&IS

MEASUREDFROMTHE

AVERAGEELEVATIONOFTHE
SIDEPROPERTYLINE.
7'-10" 2'-2"
10'-0"
1'-5"
10'-0"
7'-10" 2'-2" 5"
6'-9 3/4"
1'-8"
F.F.-1STFLR.
(ELEV.469.67')
F.F.-2NDFLR.

HEAD-1STFLR.

T.O.ROOF
PLATE-1STFLR.

HEAD-2NDFLR.

PLATE-2NDFLR.

PLATE-LIVING
F.F.-1STFLR.
(ELEV.469.67')
F.F.-2NDFLR.

HEAD-1STFLR.

T.O.ROOF
PLATE-1STFLR.

HEAD-2NDFLR.

PLATE-2NDFLR.

PLATE-LIVING
20'-0" FIRST STORY SIDE YARD BLDG. SETBACK
25'-0" SECOND STORY SIDE YARD BLDG. SETBACK

DAYLIGHT
PLANE
METAL

GUARDRAIL
DOWNSPOUT,TYP.

CLAYTILEROOF

CHIMNEYFLUEAND

SPARKARRESTOR

EXTERIORSTAIRS

WOODGUARDRAIL

STUCCOEXTERIOR
FINISH,TYP.
1I.R.COMMENTS12/16/22
107
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

DESIGN REVIEW APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
EC6

EXISTINGEXTERIOR

ELEVATIONS
1/4"2
1/4"1

EXISTINGSIDE(NORTH)EXTERIORELEVATION

EXISTINGFRONT(EAST)EXTERIORELEVATION
F.F.-1STFLR.
(ELEV.469.67')
HEAD-1STFLR.

PLATE-1STFLR.

F.F.-2NDFLR.

HEAD-2NDFLR.

PLATE-2NDFLR.

PLATE-LIVING
T.O.ROOF
±28'-3"
7'-10"
11'-5" 10'-11" ± 5'-11"
2'-2" 1'-5" 7'-10" 2'-2" 11" ± 8'-2"
F.F.-2NDFLR.

HEAD-2NDFLR.

PLATE-2NDFLR.

PLATE-LIVING
F.F.-GARAGEF.F.-GARAGE
HEAD-2NDFLR.

F.F.-2NDFLR.

PLATE-2NDFLR.

T.O.ROOF
1I.R.COMMENTS12/16/22
108
Agenda Item # 15.
date
job no.
sheet title
revision date
1 INCH AT FULL SCALE, IF NOT 1 INCH

THIS DRAWING HAS BEEN REPRODUCED
(NOT TO SCALE SHOWN)
scale

12.20.22 22101
A
R
E
M
O
D
E
L
/A
D
DITIO
N
F
O
R:

E
WAY
S
FA
MILY
5 79
0 A
R
B
O
R
E
T
U
M
D
RIV
E
L
O
S
A
L
T
O
S, CA
9 4
0 2
4 P.D. 12.20.22
FILE: 22101_DRR1_sht.plans.v2022
square three architecture inc
900 high street suite 3
palo alto, ca 9 4 3 0 1
6 5 0 • 3 2 6 • 3 8 6 0
D
E
SIG
N R
EVIE
W A
P
P
R
OVA
L S
E
T - N
O
T F
O
R C
O
N
S
T
R
U
C
TIO
N
COPYRIGHT 2022

SQUARE THREE ARCHITECTURE, INC
A1.01

PROPOSED SITE PLAN
PROPOSED SITE PLAN 1
(R) TWO-STORY RESIDENCE
5790 ARBORETUM DRIVE
4,919 SF
G
W
W WM
SS
SS
SS
SS
SS
SS
DN.
(E) CONCRETE RETAINING WALL

DOUBLE DASHED LINES OF LOWER

FLOOR RETAINING WALLS

DOUBLE DASHED LINES OF LOWER

FLOOR INTERIOR WALL
20'-0" SIDE YARD BUILDING SETBACK
20'-0" SIDE YARD BUILDING SETBACK
35'-0" REAR
YARD

BUILDING

SETBACK
3 0'-0" F
R
O
N
T
YA
R
D
B
UIL
DIN
G
S
E
T
BA
C
K
PROPERTY LINE - 216.21'
PROPERTY LINE - 166.10'
PROPERTY LINE - 27.79'
PROPERTY LINE - 74.23'
PROPERTY LINE - 11.90'

DASHED RED LINE INDICATING
(R) ROOF LINE, TYP.
(E) CONCRETE RETAINING WALL

LONG DASHED LINES OF

APPROXIMATE LOCATION OF
(E) TREE DRIPLINE AND TREE
TRUNK, TYP.
(E) BAY WINDOW
ABOVE
(E) BAY WINDOW ABOVE
(E) CONCRETE RETAINING WALL
(E) PAVER DRIVEWAY
(E) DOWNSPOUT, TYP.
25'-0" SECOND STORY BUILDING SETBACK
25'-0" SECOND STORY BUILDING SETBACK

DASHED LINE OF (N) ROOF

DECK ABOVE
UP

BLUE SHADED AREA INDICATES
±190 SF OF (N) FLOOR AREA
(E) DECK TO REMAIN AND BE REFINISHED
(N) WOOD COMPOSITE DECK
ARB
O
R
ET
U
M
D
RIVE
F.F. - UPPER LEVEL
(ELEV. 484.92')
F.F. - LOWER LEVEL
(ELEV. 473.50')
(N) SLIDING DOOR
(E) OUTDOOR AIR CONDITIONING UNIT
(E) GAS METER
(E) MAIN ELECTRICAL PANEL
± 12'-3" ± 30'-8 1/2" ± 41'-6 1/2"
± 28'-10"
± 14'-10 1/2" ± 7'-6" ± 16'-6" ± 12'-8 1/2" ± 2
0'-7 1/2"
± 3'-7 1/2"
± 14'-11 1/2"
± 8'-10 1/2"
± 14'-10"
(E) WATER METER
(E) SANITARY SEWER LINE
(N) CONCRETE STAIRS
(E) EXTERIOR PERIMETER WALLS TO REMAIN
(N) EXTERIOR PERIMETER
WALLS
2 A5.01
2 A5.01
1 A5.01
1 A5.01
(N) STEEL POST AND CABLE GUARDRAIL
(N) WOOD COMPOSITE STAIRS
(E) WOOD FENCE TO REMAIN
14" Ø OAK
14" Ø OAK
4" Ø HOLLY - 14' TALL
26" Ø OAK
4" Ø SWAMP BAY - 6' TALL
12" Ø CHERRY PALM - 18' TALL
12" Ø HOLLY - 20' TALL
4" Ø SWAMP BAY - 12' TALL
12" Ø OAK
18" Ø EVERGREEN
(SPECIES UNKNOWN)
12" Ø OAK
14" Ø OAK
8" Ø OAK
6" Ø OAK
6" Ø OAK
14" Ø OAK
18" Ø OAK
30" Ø EUCALYPTUS
16" Ø EUCALYPTUS
16" Ø EUCALYPTUS
16" Ø EUCALYPTUS
8" Ø OAK
8" Ø OAK
8" Ø OAK
8" Ø OAK
12" Ø PINE 12" Ø PINE
18" Ø OAK 12" Ø OAK
8" Ø OAK
12" Ø JAVA PLUM - 18' TALL
6" Ø DECIDUOUS - 14' TALL
6" Ø DECIDUOUS - 18' TALL
6" Ø HOLLY - 15' TALL

LOCATION OF GRADE

ADJACENT TO HIGHEST RIDGE

LINE TO DETERMINE DAYLIGHT
PLANE. SEE SHEET A3.01 AND
A3.02 FOR ADDITIONAL
INFORMATION.
4" Ø SWAMP BAY - 8' TALL

SOLID LINE OF APPROXIMATE

LOCATION OF (E) PRIVACY

VEGETAION SCREENING AND
TRUNK, TYP.
483.15'
1/8"
"X" INDICATES TREES THAT WERE

REMOVED AFTER CIVIL SURVEY BUT PRIOR

TO THE CURRENT OWNERS PURCHASING
THE PROPERTY. TREES WER REMOVED

PRIOR TO PROPERTY BEING ANNEXED

INTO LOS ALTOS WHEN PROPERTY WAS

STILL UNDER SANTA CLARA COUNTY
JURISDICTION.
1 I.R. COMMENTS 12/16/22
1 1
1 109
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

12.20.22 22101
A REMODEL/ADDITION FOR:EWAYS FAMILY5790 ARBORETUM DRIVELOS ALTOS, CA 94024 P.D.12.20.22
FILE:22101_DRR1_sht.plans.v2022
squarethreearchitectureinc
900 high street suite 3
palo alto, ca 9 4 3 0 1
6 5 0 • 3 2 6 • 3 8 6 0

DESIGN REVIEW APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
A1.02

PRIVACYSCREENINGPHOTOS
PROPOSEDSITEPLAN1
G
W
W
M
SS
SS
SS
1/8"
1I.R.COMMENTS12/16/22
1 1
"X"INDICATESTREESTHATWERE

REMOVEDAFTERCIVILSURVEYBUTPRIOR

TOTHECURRENTOWNERSPURCHASING
THEPROPERTY.TREESWERREMOVED

PRIORTOPROPERTYBEINGANNEXED

INTOLOSALTOSWHENPROPERTYWAS

STILLUNDERSANTACLARACOUNTY
JURISDICTION.
110
Agenda Item # 15.
date
job no.
sheet title
revision date
1 INCH AT FULL SCALE, IF NOT 1 INCH

THIS DRAWING HAS BEEN REPRODUCED
(NOT TO SCALE SHOWN)
scale

12.20.22 22101
A
R
E
M
O
D
E
L
/A
D
DITIO
N
F
O
R:

SQUARE THREE ARCHITECTURE, INC
A2.01

PROPOSED LOWER FLOOR
PLAN
PROPOSED LOWER FLOOR PLAN 1
(R) SITTING ROOM
(E) BEDROOM 1
(R) BEDROOM 2
(± 14'-4" X 11'-5")
(E) BEDROOM 3
(R) HALL
(E) HALL
(E) SHARED BATHROOM
(E) CLOSET
(E) BATHROOM 3
UP.
(E) BAR
(E) CONCRETE RETAINING WALL
(E) CRAWL SPACE ACCESS DOOR

DASHED LINE OF (E) FLOOR ABOVE
(E) ROOF DECK AND OVERHANG ABOVE
(E) CHIMNEY ABOVE
UP.
(N) GYM
(± 13'-7" X ±16'-6")

DASHED LINE OF (N) ROOF DECK ABOVE
DN.
(R) EXTERIOR DECK
(N) EXTERIOR DECK
±36'-9" X ± 12'-8"
BLUE SHADED AREA INDICATES ± 190 SF ADDITION
(N) 11'-6" X 7'-10" SLIDING DOORS
DN.
(E) SLIDING DOORS
(N) STEEL CABLE GUARDRAIL, TYP.
(N) 6'-0" X 8'-0" SLIDING DOOR. TRIM

TO MATCH (E) EXTERIOR DOOR
(N) WINDOWS, TYP.
(E) PATIO

DASHED LINES INDICATE WALLS,

WINDOWS, AND DOORS TO BE
DEMOLISHED, TYP.
tv
(E) CONCRETE RETAINING WALL
3'-0" CASED OPENING IF NEEDED
14'-10 1/2" 7'-6" 16'-6" 12'-8 1/2" 20'-7 1/2"
10'-7 1/2"
2'-0"
7'-8" 16'-1"
± 11'-4" ± 27'-3" ± 14'-4 1/2" ± 20'-11" ± 14'-8"
± 2
8'-10" ± 1'-10 1/2" ± 12'-3"
3'-11"
4'-10"
(N) EXTERIOR PERIMETER WALS
(N) 5'-8" X 7'-10" SLIDING DOOR
1 A5.01
1 A5.01
2 A5.01
2 A5.01
(N) STEEL AND WOOD PRIVACY SCREEN
1/4"
1 I.R. COMMENTS 12/16/22
1 111
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

DESIGN REVIEW APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
A2.02

PROPOSEDUPPERFLOOR
PLAN
PROPOSEDUPPERFLOORPLAN1
G
(E) LIVING
(R) FAMILY
(E) FOYER
(E) HALL (E) TERRACE
(E) PRIMARY BEDROOM
(E) PRIMARY BATHROOM
(E) WALK-IN CLOSET
(E) OFFICE
(E) DINING
(E) KITCHEN
(E) LAUNDRY
(E) GARAGE
(E) HALL
DN.
(E)FIREPLACE
(E)ATTIC
ACCESS
HATCH
(E)ATTIC
ACCESS
HATCH

DASHEDLINESOFLOWER

LEVELWALLSBELOW
(E)ATTIC
ACCESS
HATCH
(E) VEST.

OPENTO
BELOW
(E)GUARDRAIL
(N) ROOF DECK
±21'-11"X±14'-11"
(N)STEELAND

WOODPRIVACY
SCREEN
DN.
books AV
(N)STEELCABLEGUARDRAIL,TYP.

DN.
(N)PLANTERBOXES
(N)10'-0"X8'-0"

FOLDINGDOOR
landing

GRAYDASHEDLINEINDICATING
AREATOBEDEMOLISHED,TYP.

BLUESHADEDAREAINDICATES±9

SFADDITION
(N)MEDIACABINETAND

BOOKCASES
tv
(E)FIREPLACETOREMAIN(E)
ENTRY
(N)WOODDECKING
tv
18'-41/2"7'-8"16'-6"12'-81/2"20'-71/2"
8'-9" 7'-11" 37'-10 3/8"
±6'-0"±11'-81/2"±17'-0"±14'-3"
± 20'-2" ± 15'-1 1/2"
±24'-3"±4'-01/2"
± 52'-1"
1 A5.01
1 A5.01
2 A5.01
2 A5.01
1/4"
1I.R.COMMENTS12/16/22
112
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

DESIGN REVIEW APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
A2.03

PROPOSEDROOFPLAN
PROPOSEDROOFPLAN1
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12 4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
(E)CHIMNEYFLUEANDSPARKARRESTOR
(E)DOWNSPOUT,TYP.
(E)GUTTER,TYP.

DOUBLEDASHEDLINESOF(E)

SECONDFLOORWALLSBELOW
(E)SOLARPANELS,TYP.

RIDGE
RIDGE
RIDGE
RIDGE
RIDGE
VALLEY
RIDGE
HIP

HIP VALLEY
HIP
VALLEY
HIP
HIP
VALLEY
RIDGE
HIP
HIP
HIP
HIP
RIDGE
HIP
HIP
VALLEY
VALLEY
VALLEY

VALLEY VALLEY
RIDGE
HIP
RIDGE
RIDGE
RIDGE
HIP
HIP
HIP
VALLEY

VALLEY RID
GE
VALLEY
HIP
HIP
HIP
HIP

SHADEDAREAINDICATESNEWROOFTOBEADDED
±4'-6"
± 4'-6"

NEWGUTTERTOBECONNECTEDTOEXISTING
1 A5.01
1 A5.01
2 A5.01
2 A5.01
1/4"
1I.R.COMMENTS12/16/22
113
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

DESIGN REVIEW APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
A2.04

FLOORAREACOVERAGEAND

CALCULATIONDIAGRAM
FLOORAREACOVERAGEANDCALCULATIONDIAGRAM1
G
M
A
L
H
D
K
F
I
G
J
B
CEN
AA
BB
1/8"
O
V
U
R
T
S
P
W
Q
BB
CC

UPPER FLOOR AREA

SECTIONDIMENSIONAREA
A±21'-10"x±45'-10"916.7SF
B24'-2"x5'-10"140SF
C±10'-4"x±14'-5"142.6SF
D36'-10"x6'-8"246.4SF
E7'-7"x11'-9"89.6SF
F±16'-5"x±16'-0"246.8SF
G11'-2"x3'-0"33.5SF
H3'-9"x8'-7"32.5SF
I6'-4"x6'-3"39.7SF
J5'-0"x6'-6"32.7SF
K17'-0"x14'-11"253.9SF
L14'-2"x13'-9"534.2SF
M24'-2"x20'-6"494.3SF
TOTAL EXISTING UPPER FLOOR AREA = 2,708.6 SF
GARAGE FLOOR AREA (M) = 494.3 SF

LOWER FLOOR AREA

SECTIONDIMENSIONAREA
O19'-10"x29'-9"581.6SF
P24'-0"x16'-9"402.1SF
Q16'-5"x2'-0"32.8SF
R15'-8"x1'-2"18.6SF
S12'-7"x2'-4"29.4SF
T12'-10"x9'-11"127.3SF
U6'-9"x12'-3"83.2SF
V13'-9"x15'-12"219.4SF
TOTAL EXISTING LOWER FLOOR AREA = 1,494.5 SF

PROPOSEDFLOORAREA

SECTIONDIMENSIONAREA
N±3'-11"x±3'-11"7.7SF
W±14'-9"x±16'-2"188.6SF
PROPOSED FLOOR AREA (N+W) = 196.3 SF
TOTAL FLOOR AREA = 4,893.7 SF
DECK FLOOR AREA*
AA±21'-11"x±14'-11"284SF
BB±57'-4"x±12'-8"713SF
CC±33'-4"x±10'-0"285.1SF
TOTAL DECK AREA (O+Y+Z) = 1,282.1 SF
*HATCHED AREA INDICATING AREA COUNTED FOR SITE COVERAGE. SEE PROJECT TABULATION 4/A0.01 FOR ADDITIONAL INFO.
1I.R.COMMENTS12/16/22
1 114
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

12.20.22 22101
A REMODEL/ADDITION FOR:EWAYS FAMILY5790 ARBORETUM DRIVELOS ALTOS, CA 94024 P.D.12.20.22
FILE:22101_DRR1_elevs.sects.v2022
squarethreearchitectureinc
900 high street suite 3
palo alto, ca 9 4 3 0 1
6 5 0 • 3 2 6 • 3 8 6 0

DESIGN APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
A3.01

PROPOSEDEXTERIOR

ELEVATIONS
1/4"2
1/4"1

PROPOSEDSIDE(SOUTH)EXTERIORELEVATION

PROPOSEDREAR(WEST)EXTERIORELEVATION
(E)F.F.-2NDFLR.
(ELEV.484.92')
(E)HEAD-2NDFLR.
(E)PLATE-2NDFLR.
(E)PLATE-LIVING
T.O.(E)ROOF
±36'-7"
7'-10"
11'-5" 10'-5" ± 6'-5"
2'-2" 1'-3" 7'-10" 2'-2" 5"
(E)F.F.-1STFLR.
(ELEV.473.50')
(E)HEAD-1STFLR.
(E)PLATE-1STFLR.
(N)F.F.-ROOFDECK
±19'-8"
5'-6"
(E)400AMPELECTRICSERVICE

METERANDDISCONNECTPANEL
(E)GASMETER
(E)FIRESPRINKLERRISER
(E)DOWNSPOUT,TYP.
(E)CLAYTILEROOF
(E)CHIMNEYFLUEAND

SPARKARRESTOR
(E)CONCRETERETAININGWALL
(E)CONCRETERETAININGWALL
(E)METALGUARDRAIL
(N)ROOFDECK
(N)EXTERIORSLIDINGDOORS
(N)STEELANDWOOD

PRIVACYSCREEN
(N)STAIRS
(N)STEELCABLE
GUARDRAIL,TYP.
(N)WINDOWS
12 4
12 4
1 A5.01
1 A5.01
PL
±39'-6"
7'-10" 2'-2"
10'-0"
1'-3"
10'-0"
7'-10" 2'-2" 5"
± 6'-10"
20'-0" FIRST STORY SIDE YARD BLDG. SETBACK
25'-0" SECOND STORY SIDE YARD BLDG. SETBACK
5'-6"

NATURALGRADE
(ELEV.483.15')
NOTE:

GRADEINDICATEDISFOR

THEPURPOSEOFESTABLISHING

THEDAYLIGHTPLANE&IS

MEASUREDALONGTHESIDE

PROPERTYLINEADJACENTTO
THEHIGHESTRIDGELINE.

DAYLIGHT
PLANE 25.00°
±19'-8"
(E)F.F.-1STFLR.
(ELEV.473.50')
(E)F.F.-2NDFLR.
(ELEV.484.92')
(E)HEAD-1STFLR.

T.O.(E)ROOF
(E)PLATE-1STFLR.
(E)HEAD-2NDFLR.
(E)PLATE-2NDFLR.
(E)PLATE-LIVING
(E)F.F.-1STFLR.
(ELEV.473.50')
(E)F.F.-2NDFLR.
(ELEV.484.92')
(E)HEAD-1STFLR.

T.O.(E)ROOF
(E)PLATE-1STFLR.
(E)HEAD-2NDFLR.
(E)PLATE-2NDFLR.
(E)PLATE-LIVING
(N)F.F.-ROOFDECK
± 2'-11"
3'-6"
5'-6"
3'-6"
(N)STEEL
CABLE

GUARDRAIL,
TYP.
(E)CLAYTILEROOF
(E)CHIMNEYFLUEAND

SPARKARRESTOR
(N)STUCCOEXTERIOR
FINISH,TYP.TOMATCH

EXISTING
(N)WINDOWS
(N)ROOFDECK
(N)EXTERIORSTAIRS
(N)PLANTER
T.O.(E)RETAINING
WALL
(N)STEELANDWOOD

PRIVACYWALL
(N)DECKEXTENSION
(N)POST
12 4
12 4
2 A5.01
2 A5.01
(N)STEELCABLEGUARDRAIL,
TYP.
(N)WALLTRIMTOMATCH

EXISTING
(N)CLAYTILEROOFTOMATCH

EXISTING
(N)STEELANDWOOD

PRIVACYWALL
1 1
1I.R.COMMENTS12/16/22
115
Agenda Item # 15.
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

DESIGN APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
A3.02

PROPOSEDEXTERIOR

ELEVATIONS

PROPOSEDSIDE(NORTH)EXTERIORELEVATION
1/4"2
±39'-6"
7'-10"
11'-5" 10'-11" ± 5'-11"
2'-2" 1'-3" 7'-10" 2'-2" 11" ± 11'-4"
(E)F.F.-1STFLR.
(ELEV.473.50')
(E)HEAD-1STFLR.
(E)PLATE-1STFLR.
(E)F.F.-2NDFLR.
(ELEV.484.92')
(E)HEAD-2NDFLR.
(E)PLATE-2NDFLR.
(E)PLATE-LIVING
T.O.(E)ROOF
(N)F.F.-ROOFDECK
± 22'-7"
± 25'-7"
3'-6" 2'-0"
(E)CHIMNEYFLUEAND

SPARKARRESTOR
(N)ROOFDECK
(N)WINDOWS
(N)STEELCABLE
GUARDRAIL,TYP.
(N)STAIRS

DASHEDLINEINDICATING
(N)GUARDRAIL,TYP.
(E)DOWNSPOUT,TYP.
(E)OUTDOORHVACUNITS
(R)DECK
(N)STEELCABLE
GUARDRAIL,TYP.

AREAOFNEW±190SF

ADDITION
12 4
12 4
1 A5.01
1 A5.01
(N)5'-6"PRIVACYSCREEN
PROPOSEDFRONT(EAST)EXTERIORELEVATION-NONEWWORKPROPOSED1/4"1 (E)F.F.-2NDFLR.
(ELEV.484.92')
(E)HEAD-2NDFLR.
(E)PLATE-2NDFLR.
(E)PLATE-LIVING
(E)F.F.-GARAGE
(ELEV.483.50')
(E)F.F.-GARAGE
(ELEV.483.50')
(E)HEAD-2NDFLR.
(E)F.F.-2NDFLR.
(ELEV.484.92')
(E)PLATE-2NDFLR.

T.O.(E)ROOF
12 4
12 4
1 1
116
Agenda Item # 15.
date
job no.
sheet title
revision date
1 INCH AT FULL SCALE, IF NOT 1 INCH

THIS DRAWING HAS BEEN REPRODUCED
(NOT TO SCALE SHOWN)
scale

12.20.22 22101
A
R
E
M
O
D
E
L
/A
D
DITIO
N
F
O
R:

E
WAY
S
FA
MILY
5 79
0 A
R
B
O
R
E
T
U
M
D
RIV
E
L
O
S
A
L
T
O
S, CA
9 4
0 2
4 P.D. 12.20.22
FILE: 22101_DRR1_elevs.sects.v2022
square three architecture inc
900 high street suite 3
palo alto, ca 9 4 3 0 1
6 5 0 • 3 2 6 • 3 8 6 0
D
E
SIG
N A
P
P
R
OVA
L S
E
T - N
O
T F
O
R C
O
N
S
T
R
U
C
TIO
N
COPYRIGHT 2022

SQUARE THREE ARCHITECTURE, INC
A3.03

EXISTING EXTERIOR VIEWS
EXISTING VIEW TO SOUTH WEST FROM UPPER FLOOR WINDOW (SAME VANTAGE POINT AS NEW ROOF DECK) 1/4" 2 EXISTING VIEW TO WEST FROM EXISTING LOWER FLOOR DECK (SAME VANTAGE POINT AS NEW DECK AREA) 1/4" 1 117
Agenda Item # 15.

N
EW2'-10"X5'-10"WINDOWS
PL
±28'-3"
7'-10" 2'-2"
10'-0"
1'-3"
10'-0"
7'-10" 2'-2" 5"
± 6'-10"
20'-0" FIRST STORY SIDE YARD BLDG. SETBACK
25'-0" SECOND STORY SIDE YARD BLDG. SETBACK
(E)F.F.-1STFLR.
(ELEV.473.50')
(E)F.F.-2NDFLR.
(ELEV.484.92')
(E)HEAD-1STFLR.

T.O.(E)ROOF
(E)PLATE-1STFLR.
(E)HEAD-2NDFLR.
(E)PLATE-2NDFLR.
(E)PLATE-LIVING
(E)F.F.-1STFLR.
(ELEV.473.50')
(E)F.F.-2NDFLR.
(ELEV.484.92')
(E)HEAD-1STFLR.

T.O.(E)ROOF
(E)PLATE-1STFLR.
(E)HEAD-2NDFLR.
(E)PLATE-2NDFLR.
(E)PLATE-LIVING
(N)F.F.-ROOFDECK
5'-6"

DAYLIGHT
PLANE

25.00°
3'-6"

NATURALGRADE
(ELEV.483.15')
NOTE:

GRADEINDICATEDISFOR

THEPURPOSEOFESTABLISHING

THEDAYLIGHTPLANE&IS

MEASUREDALONGTHESIDE

PROPERTYLINEADJACENTTO
THEHIGHESTRIDGELINE.

GYM
DECK
12 4
12 4
(N)STEELCABLEGUARDRAIL,TYP.
(N)STEELANDWOOD

PRIVACYSCREENS
(N)PLANTERBOXES
(N)BIFOLDDOOR
2-2-
date job no.
sheet title
revisiondate
1INCHATFULLSCALE,IFNOT1INCH

THISDRAWINGHASBEENREPRODUCED
(NOTTOSCALESHOWN)
scale

DESIGN APPROVAL SET - NOT FOR CONSTRUCTION
COPYRIGHT2022

SQUARETHREEARCHITECTURE,INC
A5.01

BUILDINGSECTIONS
1/4"2
1/4"1

PROPOSEDSIDE(SOUTH)SECTION

PROPOSEDREAR(WEST)SECTION
±28'-3"
7'-10"
11'-5" 10'-11" ± 5'-11"
2'-2" 1'-3" 7'-10" 2'-2" 11"
(E)F.F.-1STFLR.
(ELEV.473.50')
(E)HEAD-1STFLR.
(E)PLATE-1STFLR.
(N)F.F-ROOFDECK
(E)F.F.-2NDFLR.
(ELEV.484.92')
(E)HEAD-2NDFLR.
(E)PLATE-2NDFLR.
(E)PLATE-LIVING
T.O.(E)ROOF
± 6'-11"

NATURALGRADE
(N)STEELANDWOOD

PRIVACYSCREEN
(N)STEELCABLEGUARDRAIL,TYP.

WINDOWSILLTRIMTO

MATCHEXISTING
12 4
1-1-
1I.R.COMMENTS12/16/22
1 118
Agenda Item # 15.
119
Agenda Item # 15.

PLANNING COMMISSION

MEETING MINUTES
7:00 PM - Thursday, May 18, 2023
Telephone/Video Conference and In-Person
Community Meeting Chambers, Los Altos City Hall
1 North San Antonio Road, Los Altos, CA

CALL MEETING TO ORDER
At 7:00 p.m. Vice-Chair Ahi called the meeting to order.

ESTABLISH QUORUM
PRESENT: Vice-Chair Ahi, Commissioners Beninato, Disney, Doran, Roche and Steinle ABSENT: Chair Mensinger
STAFF: Development Services Director Zornes, Planning Services Manager Williams, and Associate Planner Liu

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Commissioner Doran made comments about bike electrification.

ITEMS FOR CONSIDERATION/ACTION

CONSENT CALENDAR

1. Planning Commission Minutes
Approve the minutes of the special Joint Planning Commission/Complete Streets Commission meeting of March 23, 2023.

Action: Upon motion by Commissioner Steinle, seconded by Commissioner Roche, the Commission recommended approval of the minutes of the special Joint Planning Commission/Complete Streets Commission meeting of March 23, 2023 as written.

The motion was approved (6-0) by the following vote:

AYES: Doran, Ahi, Beninato, Disney, Roche and Steinle
NOES: None
ABSENT: Mensinger

PUBLIC HEARING

2. SC22-0029 and V23-0002 - Bryan Lee - 5790 Arboretum Drive Design Review for a 190 square-foot addition at the first story and a 327 square-foot second story deck to an existing single-family home. A variance is requested for a 16-foot and six-inch, second-story side setback for the second-story deck, where a 25-foot side setback is required in the R1-20 Zoning District. The project is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15301 (“Existing Facilities”). Project Planner: Liu Associate Planner Liu gave the staff report presentation and answered Commissioner questions. 120
Agenda Item # 15.
1/5/2023 PLANNING COMMISSION MEETING MINUTES Page 2 of 2 Project architect Bryan Lee provided a project presentation and went over the project details.

Vice-Chair Ahi opened the public comment period.

PUBLIC COMMENT
Resident Jerry Schoening and Evangeline provided public comments.

Vice-Chair Ahi closed the public comment period and Commission discussion proceeded.

Action: Upon a motion by Commissioner Beninato, seconded by Commissioner Steinle, the Commission recommended denial of the requested design review application (SC22-0029) and variance application (V23-0002) per the findings contained in the attached resolution and find the project exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15270 (“Projects Which are Disapproved”).

The motion was approved (6-0) by the following vote:

AYES: Ahi, Beninato, Doran, Disney, Roche and Steinle
NOES: None
ABSENT: Mensinger

COMMISSIONERS' REPORTS AND COMMENTS
Commissioners Beninato made comments.

ADJOURNMENT
Vice-Chair Ahi adjourned the meeting at 8:25 PM.

Stephanie Williams
Planning Services Manager
121
Agenda Item # 15.

PLANNING COMMISSION

AGENDA REPORT
Meeting Date: May 18, 2023
Subject: SC22-0029 & V23-0002 - 5790 Arboretum Drive
Prepared by: Jia Liu, Associate Planner
Initiated by: Marwan and Lisa Eways, Applicant
Attachments:

A. Draft Resolution
B. February 15, 2023 DRC Meeting Minutes
C. Applicant Variance Justification Letter
D. Project Plans
Recommendation
Deny the requested design review application (SC22-0029) and variance application (V23-0002) per the findings contained in the attached resolution and find the project exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15270 (“Projects Which are Disapproved”).

Summary
The proposed project is a request for design review and variance to allow an addition to an existing single-family residence consisting of an approximately 190 square-foot addition and 465 square-foot deck on the first story and an eight square-foot addition and 327 square-foot deck on the second story.

The variance is requested for a 16-foot and six-inch, second-story side setback for the second-story deck, where a 25-foot side setback is required.

Subject: SC22-0029 & V23-0002 - 5790 Arboretum Drive
May 18, 2023 Page 2
As the original development was subject to the County’s zoning regulations, which have less restrictive setbacks than current city regulations, the existing house is a legal non-conforming structure. The nonconformities include the two side setbacks that currently require 20-foot first story setback and 25- foot second story setback compared to the existing house’s 15-foot side setbacks for both the first and second stories.

The property is a sloped lot with the home located on the more level portion of the property towards the street and the rear yard is sloped with an approximately 30-foot elevation difference within a 100- foot depth. The rear yard also appears to remain undisturbed with some existing vegetation including two trees that are close to the proposed deck areas.

Following the zoning code amendments to implement the City's 2023-2031 Housing Element earlier this year, the Design Review Commission has since been dissolved and the review authority for design review applications for single-family residential developments has been delegated to the Zoning Administrator and the review for variance applications delegated to the Planning Commission.

Because the variance request is subject to Planning Commission review, the design review request is being bundled with the variance request for the Commission’s consideration.

Analysis
Design Review Application
As discussed previously, the existing home is a nonconforming structure. The proposed 190 square-foot addition on the first floor and eight square-foot addition at the second floor are consistent with the current City development standards, including the side setbacks. The proposed first floor deck expansion along the rear elevation has a proposed 15-foot side setback, where the required minimum setback is 20 feet (shown as the area in red in Figure 1 below) which is allowed per Section 14.10.080 E. of the Zoning Code which allows limited nonconforming expansions without a variance as follows:

Subject: SC22-0029 & V23-0002 - 5790 Arboretum Drive
May 18, 2023 Page 3

1. The extension may only be applied to the first story.

2. Only one such administrative extension may be permitted for the life of the building. Other extensions may be considered, subject to the filing of a variance application.

3. Extensions are only permitted for the main structure and cannot result in a further encroachment into any required setback area.

Subject: SC22-0029 & V23-0002 - 5790 Arboretum Drive
May 18, 2023 Page 4
Figure 2
After thorough analysis of the requested variance, staff found that the variance findings cannot be made as will be further discussed in the next section. Due to the recommendation of denial to the Planning Commission for the variance, staff also recommends denial to the design review as the project does not meet the underlying zoning development standards and cannot meet the findings of the design review per LAMC Section 14.76.060. Alternatively, the Planning Commission can approve the design review permit conditioned on changes to the project to be consistent with the City’s standards.

Variance Application
The variance being requested is for a reduction to the second story side setback. The proposed second story deck is proposed atop the first-story addition that will result in an eight-foot and six-inch encroachment into the required 25-foot setback.

Pursuant to LAMC Section 14.76.070 B., a variance may be granted only when all three findings cited below can be made. The third criterion derives from state law (see Government Code Section 65906) and shall be strictly construed.

1. That the granting of the variance will be consistent with the objectives of the zoning plan set forth in Article 1 of Chapter 14.02;
125
Agenda Item # 15.

Subject: SC22-0029 & V23-0002 - 5790 Arboretum Drive
May 18, 2023 Page 5

As part of the variance application submittal requirements, the applicant provided a variance justification letter enclosed in Attachment C for the Commission’s reference. This letter outlines the applicant's explanation why they believe the requested variance should be granted by demonstrating how each finding is met. Regarding Finding No. 1, the applicant believes the project meets two objectives set forth in LAMC Chapter 14.02 including Subsection F - To protect and enhance real property values within the city; and Subsection G - To conserve the city's natural beauty, to improve its appearance, and to preserve and enhance its distinctive physical character.

Furthermore, staff would like to raise the question of whether granting the variance is necessary to meet the two objectives that the applicant believes the project meets. Upon review, staff found that there are alternative design options available for the proposed deck that can achieve the same goal. For example, the proposed deck can be expanded towards the north to comply with the second-story side setback while still providing the same size deck in a slightly different configuration. Another option to consider is expanding the existing second-story terrace through the hallway. With the possibility of other design solutions, staff does not believe that this finding can be made.

However, staff found that granting this variance could have negative impacts on the surrounding area by establishing a precedent, which could undermine the integrity of zoning regulations in the area. Also, staff found that the two adjacent properties with non-compliant second-floor decks are not existing precedents because:
• The property at 5810 Arboretum Drive, located to the south side, was developed prior to the annexation of the Woodland Acres Neighborhood. The existing non-compliant deck is a legal non-conforming structure, like the house.
• The property at 5770 Arboretum Drive, located to the north side, was granted a variance and design review application (12-V-11 and 12-SC-56) in 2013 by the Design Review Commission for construction of a new two-story house. The granted variance includes a reduction in the side 126
Agenda Item # 15.

Subject: SC22-0029 & V23-0002 - 5790 Arboretum Drive
May 18, 2023 Page 6
setbacks at both stories. However, staff does not believe that this example would be a precedent to the subject variance application since the property at 5770 Arboretum Drive has an average lot width that is less than 100 feet. In 2015, a zoning code amendment was adopted through Ordinance No. 2015-114 that allows properties with a lot width less than 100 feet in the R1-20 Zoning District to be subject to the R1-10 Zoning District's development standards. Therefore, the reduced side setbacks at both floors at 5770 Arboretum Drive are currently compliant.

Additionally, the non-conformity of the existing home due to its development under the County’s regulations does not justify further deviations from the current City setback requirements. The exception to allow the first-story deck’s expansion in the zoning code acknowledges a non-conforming structure’s existence and the desire from homeowners to align new development with the structure in a limited way.

Alternatives
The following alternatives to staff’s recommendation may be considered by the Planning Commission:

1. Approve the project as proposed.

2. Deny the variance application and conditionally approve the design review application subject to a condition of approval requiring modifications to the project to be consistent with the City’s standards.

Environmental Review
If the Planning Commission adopts the staff recommendation, then no environmental review is required under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15270 (“Projects Which are Disapproved”) because CEQA does not apply to projects which are disapproved. If the Planning Commission approves the project, then it may find that the project is categorically exempt from environmental review under Section 15301 (“Existing Facilities”) of the CEQA Guidelines because it involves an alteration and addition to an existing single-family dwelling in a residential zone within size limits specified in Section 15301(e), and none of the circumstances stated in CEQA Guidelines Section 15300.2 apply.
127
Agenda Item # 15.

Subject: SC22-0029 & V23-0002 - 5790 Arboretum Drive
May 18, 2023 Page 7
Public Notification and Community Outreach
A public meeting notice was posted on the property, mailed to property owners within a 300’ radius, and published in the Town Crier. The applicant also posted the public notice sign (24” x 36”) in conformance with the Planning Division posting requirements.

The applicant contacted the adjacent neighbors to the southside and northside in the immediate area for the community outreach. No comments from neighbors have been received by staff as of the writing of this report.
128
Agenda Item # 15.
1 Melissa Thurman
From: Marwan Eways <[email protected]>
Sent: Wednesday, June 21, 2023 1:24 PM
To: Melissa Thurman
Subject: [External Sender]Re: Appeal Public Hearing - 5790 Arboretum Dr Hi Melissa,
After checking with the team, we kindly request to be on the agenda for September 26th, 2023. Please let me know if you have any questions.

Thanks very much,
Marwan Eways | [email protected] | Cell: 415-806-7410
On Wednesday, June 21, 2023 at 10:08:54 AM PDT, Melissa Thurman <[email protected]> wrote:

Hello Mr. Eways,

The City Council does not meet on September 5th. They meet the second and fourth Tuesday of each month, except for the months of July (no second meeting), August (no first meeting), November (no second meeting) and December (no second meeting). The first meeting in September would be September 12th.

If September 12th works for you, please confirm as soon as possible. Please note the Council can continue your public hearing to one date certain; if after they continue the item you are unable to attend the next scheduled meeting, you will have to fund the next advertisement for another public hearing date.

Thank you and please confirm if September 12, 2023 at 7:00 p.m. works for your schedule.

Melissa Thurman, MMC
City Clerk
City of Los Altos
www.losaltosca.gov
1 N. San Antonio Road | Los Altos, CA 94022
129
Agenda Item # 15.
2 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of intended recipient(s) and may contain confidential and protected information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

From: Marwan Eways <[email protected]>
Sent: Tuesday, June 20, 2023 7:03 PM
To: Melissa Thurman <[email protected]>
Subject: Re: Appeal Public Hearing - 5790 Arboretum Dr

Good evening Melissa,
I had a very full day today and apologize for the brief message. Thank you very much for your help! After looking at the schedules, can we request to be on the Sept 5th agenda? Regards,
Marwan Eways | [email protected] | Cell: 415-806-7410
On Tuesday, June 20, 2023 at 09:57:43 AM PDT, Marwan Eways <[email protected]> wrote:

Thank you
Sent from my iPhone
Marwan Eways - 415-806-7410
On Jun 20, 2023, at 9:48 AM, Melissa Thurman <[email protected]> wrote:

130
Agenda Item # 15.
3 Hello Mr. Eways,

Thank you for your email. As the Public Hearing has already been noticed the item will be listed on the June 27th City Council agenda; however, staff will recommend to Council that they continue the item to a date certain of Tuesday August 22, 2023 at 7:00 p.m. or shortly thereafter. The City Council is taking a summer break and does not have any meetings scheduled between July 11 and August 22.

Please confirm receipt of this email. Thank you.

Melissa Thurman, MMC
City Clerk
City of Los Altos
www.losaltosca.gov
1 N. San Antonio Road | Los Altos, CA 94022
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of intended recipient(s) and may contain confidential and protected information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

From: Marwan Eways <[email protected]>
Sent: Saturday, June 17, 2023 11:24 AM
To: Melissa Thurman <[email protected]>
Subject: Re: Appeal Public Hearing - 5790 Arboretum Dr

Good Morning Melisa,
Thanks for your note. My wife and I have a conflict on that day, my daughter is having surgery. Can we target the meeting on July 25th?
When speaking to Angel Rodriguez, I mentioned our conflicts: June 27, surgery for Ayden Eways, and July 11, Architect out, and asked if we could tentatively plan for late July or August. 131
Agenda Item # 15.
4 Thanks,
Marwan Eways | [email protected] | Cell: 415-806-7410
On Saturday, June 17, 2023 at 07:25:42 AM PDT, Melissa Thurman <[email protected]> wrote:

Hello Mr. and Mrs. Eways,

The appeal of Planning Commission Decision for Planning Division File No. SC22-0029 and V23-0002 has been scheduled as a Public Hearing before the City Council on Tuesday June 27, 2023 at 7:00 p.m. or shortly thereafter.

The appeal you submitted to the City of Los Altos on May 31, 2023 is attached to this email, for reference, as is the Public Hearing notice which was advertised in the Daily Post on June 16, 2023. As we get closer to the meeting date, I will send another email to you with specifics for the appeal, including the length of time you will have to present your appeal to the City Council.

Should you have any questions please feel free to contact me. Please note the City of Los Altos will be closed on Monday June 19, 2023, in observance of Juneteenth.

Thank you.

<image001.png>
Melissa Thurman, MMC
City Clerk
City of Los Altos
www.losaltosca.gov
1 N. San Antonio Road | Los Altos, CA 94022
132
Agenda Item # 15.
5 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of intended recipient(s) and may contain confidential and protected information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

133
Agenda Item # 15.

Reviewed By:

City Manager City Attorney
GE JH

AGENDA REPORT SUMMARY
Meeting Date: June 27, 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). 134
Agenda Item # 16.

Subject: Adoption by Reference 2021 International Property Maintenance Code 6/27/2023 Page 2
Staff Recommendation:

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.
135
Agenda Item # 16.

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:
136
Agenda Item # 16.

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 137
Agenda Item # 16.

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 fourteen (14) 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 ninety (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 138
Agenda Item # 16.

Ordinance No. 2023-XX 4
ATTACHMENT 1
official shall institute the appropriate administrative, civil, or criminal proceeding to restrain, 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. 139
Agenda Item # 16.

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 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:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
___________________________
Melissa Thurman, CITY CLERK
140
Agenda Item # 16.

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
141
Agenda Item # 16.
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 —
142
Agenda Item # 16.
(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
143
Agenda Item # 16.
(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 —
144
Agenda Item # 16.

Reviewed By:

City Manager
GE

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject Los Altos Library Patio Project
Prepared by: Jennifer Weeks, County Librarian-Santa Clara County Library District (SCCLD) and Rose Baiza, Community Librarian- SCCLD
Attachment(s):

1. Letter of Funding Commitment (LALE)

2. Funding Commitment (Donor)

3. Letter of Support (History Museum)

4. Letter of Support (Library Commission)

5. Letter of Support (Friends)

6. Google Earth Map of Proposed Site

7. Concept Diagrams of Patio Space

8. Land Survey
Previous Council Consideration:

None.

Fiscal Impact:

The Library Patio Project is fully funded by private donations through the Los Altos Library Endowment. The cost of the project is estimated to be $2 million with no funding required from the City of Los Altos. Cost for review and approval of the Design Review application could be waived if authorized by the City Council.

Environmental Review:

The City Council action authorizing the review of the proposed project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Subsequent action taken during the review of the proposed project will be analyzed separately under CEQA.

Policy Question(s) for Council Consideration:
 Does the City Council wish to send this proposed project to the Development Services Director for review and necessary approvals for the use and expansion of approximately 7,700 square feet for construction of an enclosed patio with transitional green space at the Main Library.
145
Agenda Item # 17.

Subject: Los Altos Library Patio Project
June 27, 2023 Page 2
Summary:
 The Patio Project is fully funded by the Los Altos Library Endowment and supported by the Santa Clara County Library District who will take the lead on the public project management.
 The proposed library patio will provide the community with 7,700 square feet of safely enclosed outdoor space that can be used by residents of all ages to read, study, learn, and explore. Working in partnership with the History Museum, this project creates educational experiences both within the Historic Orchard and attached to the main library.  Based on the needs assessment for the library, additional public space is a priority to allow the library to offer free educational events and flexible spaces for patrons to read and study.

The current library community room space is limited in both size and accessibility, and this new extension creates an interactive outdoor space that will encourage discovery for all ages, as well as expand seating and event spaces.
 The History Museum and library are natural partners that can work collaboratively to highlight the Historic Orchard through innovative programming with a new outdoor patio space. The library and Orchard Commons joint programming ideas include diverse creativity, healing in nature, adopt-a-tree, oral history with apricots and orchards, and nature journaling and sketching.
 The patio project provides many opportunities for public programming with local organizations including schools, Master Gardeners, and GreenTown. Other potential community partners include LASD Living Classrooms, LASD Art Docents, The Garden Club of Los Altos, ArtVentures, Santa Clara Watercolor Society, and Ikebana.  The project is supported by the Los Altos Library Endowment, the Chou Family, the History Museum, the Library Commission, and the Friends of the Los Altos Libraries.

Recommendation:

Staff recommends, if the City Council approves the proposal, sending the item to the Development Services Director for review and necessary approvals of this project.

Purpose
To create an outdoor space that provides residents with a place to read, relax, study, work, and learn. The patio will be used to provide free library programs for all ages, as well as open seating to use during leisurely time. Backed with research from professional library journals, outdoor 146
Agenda Item # 17.

Subject: Los Altos Library Patio Project
June 27, 2023 Page 3
spaces in libraries enhance the lives of residents. Due to limited space inside the library, library staff feel strongly that the outdoor space will expand options to best meet the needs of residents with 7,000 square feet of enclosed space.

Due to the Covid-19 pandemic, outdoor spaces are now more in-demand to provide patrons with opportunities to protect their health in a public environment. And the moderate climate allows for year-round use. According to the National Oceanic and Atmospheric Administration, the average temperature over the course of a year (San Jose and surrounding cities) is 71.5 degrees--making this outdoor space accessible year-round for residents of Los Altos and Los Altos Hills.

Background
The vision of an outdoor patio space at the library to meet a community need was inspired by a private donation. Taking into consideration the need for more public space, the success of outdoor programming and the design trends of innovative library spaces, the library began working closely with the Orchard Commons Committee and the city to explore a way to highlight the Historic Orchard and create a unique outdoor space at the library.

With City Council approval to repurpose 7,700 sf of city space, the library will work with a professional architecture firm on the design that meets the needs of the community.

Recommendation
Staff recommends, if the City Council approves the proposal, sending the item to the Development Services Director for review and necessary approvals of this project. 147
Agenda Item # 17.
*LALE
June 21,2023
uia eruail and hand dgliuered
Los Altos City Council
City of Los Altos
One North San Antonio Road
Los Altos, CA 94022
Re: Los Altos Main Library Patio Project
Proposed Safely Enclosed Exterior Space
Applicanh Los Altos Library Endowmenf
in parfirership with Santa Clara County Library District Cify Council Hearing Date: June 27,20?3
Dear Honorable Mayor Meadows and City Council Members:

The Los Altos Library Endowment is excited to share its support with you for the Santa Clara County Library Districfs (SCCLD) vision for an exterior expansion project to benefit the patrons of our local library. We enthusiastically support funding an outdoor patio that will complement the existing building design while increasing green space and improving natural light. The proposed outdoor patio will also prove to be a very user-friendly space to meet the needs of our communify members now and for the next generation. We seek your supporf so that SCCLD may move forr,rrard with the proposed project.

The Los Altos Library Endowment (LALE) was established with the desire to support our community to maintain a library that meets the needs of everyone. Since inception in 2001, LALE has funded unique and innovative projects and programs such as the GoGo Biblio mini bookmobile 3D printers, and the pilot Open Plus access at the Woodland Branch library.

It is well known that the library serves as a constant in the lives of our citizens, with patronage crossing every demographic and age group in the community. We are gratified that SCCLD has received a five-star rating from the Library ]ournal, and designation as a Star Library for the 15e straight year. SCCLD has recently been recognized as ranking second in the U.S. among comparably sized library districts.

P.O. Box 367, Los Altos, CA 94023-0367
LALEndow.org . [email protected] 148
Agenda Item # 17.
2-
Despite advances in technology, rather than merely stream or download from the comfort of their home, the numbers of individuals and families using the library space has continued to grow to such an extent that our library's walls are bursting....which led SCCLD and LALE to investigate how best to further invest to benefit our populace.

Through its recently-completed Strategic Plan 2023-2028, SCCLD has received overwhelming support for the need to maximize accessibility for all community members, be environmentally responsible, reflect the cultures of the populatiory and provide new spaces for families and teens to learn and create, and for individuals to gather, meet, and work or study independently. The patio project is in complete alignment with the Strategic PIan.

We reco gnize the importance of respecting the historical landmarks within the boundary of the Civic Center Heritage Orchard. Based upon community input, and working in collaboration with the Los Altos History Museum and its Orchard Commons Committee, SCCLD and LALE have developed a plan that we believe is both feasible and cost-effective while respecting those landmarks as well as creating a new safe, inviting and desirable destination.
1,. The Specifics of the Proposed Plan
A review of the architectural renderings demonstrate why we are proud of this proposed enhancement to our library. Having the abili$ to create a safely enclosed outdoor space with amenities will prove to be a positive physical addition to the library campus. The plan is to create a beautiful area, with two access points: a sliding glass door from the Orchard Room utilizing a new folding NanaWall system and glass doors that open from the Children's Room.

The area once constructed will include shade structures, and provide needed space for programs and seating. Apricot trees will be incorporated into the design elements, and there will be views to the surrounding orchard. The public will have access to the patio at all hours in which the Library is open to the public, which currently is 10:00 a.m. to 9:00 p.m. weekdays, and 10:00 a.m. to 7:00 p.m. on Fridays and weekends.

2. Community Outreach
Thanks to the funding that LALE provided, a feasibility study was conducted by SSA Architects. We are grateful that SCCLD will be partnering with the Los Altos History Museum in a collaborative effort to pool resources and talents. As you are aware, the History Museum has extensive experience with their own beautiful, and widely used, outdoor patio in the Civic Center area. At all times SCCLD has stressed LALE's P.O. Box 367, Los Altos, CA 94023-0367
LALEndow.org . [email protected]
149
Agenda Item # 17.
3-
objective: a quality project that the community will be proud of. The positive feedback has been gratifying.

3. The Financing and the Timing
LALE's Board of Directors has approved a financial commitment to cover the entire estimated construction cost of the Patio Project of Two Million Dollars ($2,000,000.00).

That commitment includes a generous Five Hundred Thousand Dollar ($500,000.00) donation from the Chou family, through a directed grant specified to be provided through LALE. At a time when there is widespread reporting of the difficulty of financing new construction projects given the furmoil in the financial markets, our commitment to provide this financing demonstrates our interest in moving forward as soon as possible, before construction costs increase and additional funding would be required. In short, we believe that the time to act is now.

On a personal note, the Chou family would like the patio project completed during the lifetime of the patriarch and matriarch of the family. Having the ability to see the results of their generous donation will provide great pride to the entire Chou family.

4. The Approval and Implementation
Upon approval by the City Council, SCCLD will be responsible for the final design and building plans. As the public will be the beneficiary of the completed construction, we strongly encourage a rapid approval so as to enable the final building plans to be submitted for approval. The positives of expanded use of the Library facilites by patrons far outweigh the negatives of delay (increased costs of construction).

5. The Future Use
The journey to get to this point has already proven to be a positive experience. After all, we have been working together to accomplish something that we could not do alone.

The end result will prove to be beneficial for the whole of our community.

Naturally, so that the community learns about the expansion to the facility, we intend to promote the patio project. Information and depictions will be included in all of our marketing materials and the various forms in which we engage the public.

P.O. Box 367, Los Altos, CA 94023-0367
LALEndow.org . [email protected]
150
Agenda Item # 17.
4-

6. Conclusion
The Library Commission as well as Friends of the Los Altos Llbrary have each passed unanimous motions in support of the patio project establishing that the project is a strong priority that should move forward. In anticipation of approval, SCCLD has secured a memorandum of understanding with the History Museum.

Both the SCCLD and the Los Altos Library Endowment wish to acknowledge your dedication of time and attention to the library's future. We look forward to working toward collectively implementing approval of the patio project in order to improve and enhance the library as part of a continued commitment to meet our community's longterm needs. We believe that the time is now! Very truly yours,
Cindy Hill, on behalf of the LALE Board of Directors
President Los Altos Library Endowment
P.O. Box 367, Los Altos, CA 94023-0367
LALEndow.org . [email protected]
151
Agenda Item # 17.

Donation for Los Altos Library outdoor seating area
arlen chou <[email protected]>
Wed 6/14/2023 3:15 PM
To:Rose Baiza <[email protected]>;Jennifer Weeks <[email protected]>;[email protected] <[email protected]>;[email protected] <[email protected]> To the Santa Clara County Library District and the Los Altos Library Endowment, The City of Los Altos has been our family home for nearly 50 years. We are grateful for the support and opportunities this community has shown our family. Because of this town, we have been able to thrive in the Bay Area and would like to make an effort to give back to this wonderful community. We hope that the Santa Clara Library District and the Los Altos Library Endowment will accept our donation of $500,000 to build an outdoor seating area at the Los Altos Library. It is our wish, that our contribution will give support and open opportunities to future families and the children of Los Altos.

Thank you,
Hsun and Aiko Chou
Virus-free.www.avast.com
152
Agenda Item # 17.

MEMORANDUM
May 15, 2023
FROM: Dr. Elisabeth Ward
Director, Los Altos History Museum
RE: Library Patio Project
This memorandum documents the intent of Los Altos History Museum, through its Orchard Commons Committee, to collaborate with the Los Altos Library on the design of an outdoor reading room. We understand and appreciate the desire to provide access into the Children’s Reading Room through a corridor that would be constructed within the boundary of the Historical Landmark of the Civic Center Heritage Orchard, as designated in Resolution 91-31 (see attachment).

The City of Los Altos is responsible for maintaining the quality of City Historical Landmarks, as an irreplaceable historical asset of benefit to all members of the community. This responsibility includes timely exchange of information about all activities that might affect expansion of the footprint of existing buildings or landscaping features that might extend into the landmark boundaries.

Maintaining the quality of this City Historical Landmark entails collaboration to ensure that any alterations are constructed with a soft footprint that will enhance outreach programs without reducing the capacity of the orchard to sustain the original number of trees. If construction operations alter the quality or quantity of tree sites in the orchard, it is our understanding that the damage will be offset by appropriate mitigation actions agreed upon through open communication.

The goal of the Orchard Commons Committee of the Los Altos History Museum is to maintain, restore and renovate the Civic Center Heritage Orchard in a manner that provides an appealing working landscape and to facilitate outreach programs that enhance a sense of place and civic pride. This goal is in alignment with the vision of the Museum to provide inclusive multi-generational and multi-cultural programming and with the City’s Climate Action and Adaptation Plan.

Cc: Rose Baiza, Community Librarian, Los Altos Library
Jennifer Weeks, County Librarian
Gabriel Engeland, City Manager, City of Los Altos
Teresa Morris, Chair, Parks & Recreation Commission
Larry Lang, Chair, Historical Commission
Bruno Delagneau, Chair, Environmental Commission
153
Agenda Item # 17.

Attachment: Resolution 91-31
Attachment A to Resolution 91-31
154
Agenda Item # 17.
1 North San Antonio Road
Los Altos, California 94022-3087
6/20/23
Los Altos City Council
1 North San Antonio Road
Los Altos CA 94022
Mayor Meadows and Councilmembers,
At the regular meeting of June 2, 2023, the Los Altos Library Commission unanimously approved a motion to support the Los Altos Library patio project. The motion read, “The Library Commission supports the concept of the Main Library Patio Project as represented in the 6/1/2023 Library Commission Meeting materials.”
Sincerely,
Mary Jo Price
Recreation Supervisor
Library Commission Liaison
155
Agenda Item # 17.

Friends of the Library of Los Altos & Community, Inc.

Box 212
Los Altos, CA 94023-0212
June 14, 2023
Dear members of Los Altos City Council,
The Friends of the Library of Los Altos is a support group for the library and we try to not make library policy. However, we have been asked to comment on the proposal from the library commission for a patio outside of the community room. We enthusiastically support the project.

We spend a lot of time in the library and we see many of the building’s shortcomings This project not only provides an outdoor patio but is a clever way to allow for more children’s programs, an expanded group meeting space, and an additional gathering space especially during highly trafficked times such as after school and weekends. While this project does not solve all the shortcomings of the building, it is a great improvement that can be done with little disruption to the current space. We are fully behind the project.

Board of Directors of the Friends of the Library of Los Altos Elayne Dauber, President
156
Agenda Item # 17.

Exact size and design TBD with professionals.

CONCEPT ONLY
Proposed Library Patio
157
Agenda Item # 17.

CONCEPT ONLY
Exact size and design TBD with professionals.

Proposed Library Patio
158
Agenda Item # 17.

CONCEPT ONLY
Exact size and design TBD with professionals.

Proposed Library Patio
159
Agenda Item # 17.
j
--· --···-··--
' ;
' '' ,., ,, . ,,,,,_
'
I
._J1
J
-·
-- -· - ,
·
·
-
:: 7!'
&Af/.::
/I··· I
: • I
' i
i
I :
0 d
0 i
a
i

CONCEPTUAL DESIGN OF LIBRARY PATIO PARAMETER
160
Agenda Item # 17.

CONCEPTUAL DESIGN OF

LIBRARY PATIO PARAMETER
161
Agenda Item # 17.

A L P H A L A N D S U R V E Y S, I N C. 162
Agenda Item # 17.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
163
Agenda Item # 17.

From: Manisha Arora
To: Public Comment
Subject: Support for library patio expansion
Date: Wednesday, June 21, 2023 4:45:09 PM
Hi, I understand that this item is on the agenda for city council meeting on June 29. I support this project. I live at 1089 Eastwood Ct, Los Altos, CA 94024.

Regards,
Manisha
164
Agenda Item # 17.

PUBLIC CORRESPONDENCE

To send correspondence to the City Council, on matters listed on the agenda please email [email protected]
165
Agenda Item # 17.

From: Katherine Olsson Carter
To: Public Comment
Subject: Comment on library expansion project
Date: Saturday, June 24, 2023 10:28:30 AM
I am writing regarding an item on the agenda for this coming Tuesday, June 27 2023, council meeting: the project to expand the Los Altos library’s outdoor space.

My children and I have been library patrons for years. While we have loved the library’s programs and resources, we have often felt that the library would greatly benefit from having additional space. Not only would it be wonderful to have more places to sit and read or work, but it would also be great to have a place that could accommodate more people for library events. The proposed project would accomplish these aims and more. Given that the funds required for the work have already been raised, approving the project in my mind is a no-brainer.

I hope you make the right decision for the library, its patrons and community and vote in support of moving forward with this project at your meeting on June 27th.

Thanks so much,
Katherine Carter, PhD
Local resident and mother to three children in the Los Altos School District 166
Agenda Item # 17.

From: Leo Torreano
To: Public Comment
Subject: Library Patio
Date: Sunday, June 25, 2023 12:55:16 PM
I am against the addition of a Public Patio being installed in the orchard that was donated to the City to help remember the area's agricultural roots. The donor donated an orchard, not a patio. Leave it alone. Have your parties somewhere else.

Leo Torreano
1011 Covington Road
167
Agenda Item # 17.

This isn't a deal where trees and boundaries can come and go willy-nilly, or sketches 168
Agenda Item # 17.
can be used as proxies for the council’s approval to greenlight. The steps and protocol for changing key elements and provisions of a landmark require additional land-use authority resources and public input, not mentioned in any staff report or planning docs.

Sincerely,
Catherine Nunes
64 Hillview Ave, Los Altos
Publisher, Edible Silicon Valley
regional food and lifestyle magazine and media
169
Agenda Item # 17.

From: Norm and Cathy Kordsmeier
To: Public Comment
Subject: Library expansion
Date: Sunday, June 25, 2023 6:08:10 PM
Please don't encroach on our civic heritage orchard with a library expansion Cathy Kordsmeier
170
Agenda Item # 17.

From: Bill Hough
To: City Council
Cc: Public Comment
Subject: public comment regarding item #17 on 6/27/2023 agenda Date: Monday, June 26, 2023 9:03:55 AM
It is refreshing to write in support of an agenda item.

I support the library patio project. I am pleased to read that this improvement will be financed through the Los Altos Library Endowment and significant private donations. This will be a positive addition to the community.

In this time of economic scarcity proponents of other projects, such as the proposed downtown theater, should follow this example and arrange for private philanthropic funding for their projects. The city should focus its efforts on public safety.

Bill Hough
Los Altos Resident
171
Agenda Item # 17.

From: Pat Marriot
To: Public Comment
Subject: PUBLIC COMMENT ITEM #17 JUNE 27, 2023
Date: Monday, June 26, 2023 12:11:56 PM
Council Members:

A library patio MIGHT be a fine idea, but at this point I don’t understand why it’s on the council agenda.

The packet is confusing and misleading:
-Letters of support touting all sorts of wonderful programs that could be accommodated.
-Supposed concern for the orchard: "If construction operations alter the quality or quantity of tree sites in the orchard, it is our understanding that the damage will be offset by appropriate mitigation actions agreed upon through open communication." Hardly reassuring.
-No information about the legal process that would be required IF the patio took any space from the historic orchard.
-An architectural drawing of a proposed patio makes it look like it’s a final plan, which has many residents up in arms because it’s a public land use issue and there’s been no public input or review.

Agenda says: “17.Request for Council approval to send the Los Altos Library Patio Project to the Development Services Director for review and necessary approvals.” Is Nick Zornes supposed to review and approve the submitted architectural drawing? Today’s Daily Post says: “With council approval tomorrow, the project would go to the city’s Development Services Department for review.”
Yet when I talk to library people involved, they assure me that Zornes is only being asked to approve the library district and orchard committee and library commission and donor to work together and develop a plan.

Which is it?
Now that this idea is before Council, everyone is weighing in with concerns and ideas:
-7,700 sf is too big
-This is the wrong location for a patio
-We have to preserve the 50-year-old fountain
-We have to remove the 50-year-old fountain
172
Agenda Item # 17.
-
Too many trees will be cut down
-No trees will be cut down
-The patio entrance from the children’s room should be at a different place -Not everyone on the orchard committee approved the packet before it went to Council
This is not the way to get public input! I urge you to take this item off the agenda until there’s a cohesive proposal and a clear ask from Council.

Thank you,
Pat Marriott
173
Agenda Item # 17.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JF

AGENDA REPORT SUMMARY
Meeting Date: June 27, 2023
Subject: Introduce and waive further reading of Leaf Blower Regulations Ordinance Prepared by: Nick Zornes, Development Services Director Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Initiated by:

City Council.

Environmental Review:

Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970.

Fiscal Impact:

None.

Attachments:

1. Draft Ordinance with Appendices

2. City Council Meeting Minutes – May 9, 2023

3. Previous Agenda Report – May 9, 2023
Summary:

Creation of a standalone chapter within the Los Altos Municipal Code for Leaf Blower Regulations. The proposed ordinance takes existing regulatory framework contained within the Municipal Code and modifies it based on City Council direction as discussed on May 9, 2023, and best practices for subsequent enforcement action.

Staff Recommendation:

Introduce and Waive Further Reading of an Ordinance of the City Council of the City of Los Altos Adding Chapter 11.15 to Title 11 Miscellaneous Property Regulations of the Los Altos Municipal Code Creating a Standalone Chapter for Leaf Blower Regulations and find that this action is Exempt from Environmental Review Pursuant to Section 15061(b)(3) of the State Guidelines Implementing the California Environmental Quality Act of 1970. 174
Agenda Item # 18.

Subject: Leaf Blower Regulations Ordinance
June 27, 2023 Page 2
Background
On May 9, 2023, the City Council directed staff to take existing leaf blower regulations contained within the municipal code and create a standalone chapter for better visibility by the public. Staff were also directed to include assignment of liability to the property owner for issued violations. Additional direction was provided by the City Council for implementation of the Leaf Blower Regulations but do not necessitate amendments to the municipal code.

Discussion
Based on the City Council direction staff has drafted the proposed ordinance. Additionally, staff has incorporated definitions, time of use for electric leaf blowers, authority, and enforcement standards.

The proposed ordinance is consistent with existing regulations but creates a standalone chapter which will assist in the ease and application of the code. Lastly, the proposed ordinance will help to facilitate better visibility of the adopted regulations within the City of Los Altos which will lead to easier education with the public.
175
Agenda Item # 18.
1 ORDINANCE NO. 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADDING CHAPTER 11.15 TO TITLE 11 MISCELLANEOUS PROPERTY REGULATIONS OF

THE LOS ALTOS MUNICIPAL CODE CREATING A STANDALONE CHAPTER FOR

LEAF BLOWER REGULATIONS
WHEREAS, the City of Los Altos banned the use of gas-powered leaf blowers in 1991 by amendments contained within the City’s Noise Ordinance, Chapter 6.16 of the Los Altos Municipal Code; and
WHEREAS, the City of Los Altos has a strong interest in reducing greenhouse gas emissions (GHG), promoting citywide sustainability efforts, and enhancing the quality of life in Los Altos; and
WHEREAS, on May 9, 2023, the City Council received a presentation which covered the background of the gas-powered leaf blower prohibition within the city and a comprehensive analysis of the existing regulations and difficulties with enforcement capabilities; and WHEREAS, on May 9, 2023, the City Council gave the Development Services Director guidance on drafting an updated Leaf Blower Ordinance; and
WHEREAS, the City of Los Altos reaffirms its prohibition of gas-powered leaf blowers to reduce greenhouse gas emissions, decrease noise levels, and to further reduce the adverse impacts of the use of the leaf blowers on adjacent properties, streets, gutters, sidewalks, and storm drains; and WHEREAS, the amendments are in the best interest for the protection or promotion of the comfort and convenience of the residents of the City of Los Altos because they clarify and improve the prohibition and enforcement of gas-power leaf blowers within the City; and WHEREAS, the amendments was processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, the City Council held a duly noticed public hearing on June 27, 2023, and July 11, 2023; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and
NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:

SECTION 1. AMENDMENT OF CHAPTER 6.16 OF THE MUNICIPAL CODE. Chapter

6.16 are hereby amended of the Los Altos Municipal Code as set forth in Appendix A to this Ordinance.

SECTION 2. AMENDMENT OF TITLE 11 OF THE MUNICIPAL CODE. Chapter 11.15 are hereby added of the Los Altos Municipal Code as set forth in Appendix B to this Ordinance. 176
Agenda Item # 18.
2 SECTION 3. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Development Services Director, in their reasonable discretion, after consulting the City Attorney.

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 hereof.

The foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on June 27, 2023, and was thereafter, at a regular meeting held on July 11, 2023, passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Sally Meadows, MAYOR
Attest:
____________________________
Melissa Thurman MMC, City Clerk
177
Agenda Item # 18.

APPENDIX A
AMENDMENTS TO CHAPTER 6.16
178
Agenda Item # 18.

APPENDIX B
AMENDMENTS TO CHAPTER 11.15
179
Agenda Item # 18.

APPENDIX A
AMENDMENTS TO CHAPTER 6.16
Los Altos, California, Code of Ordinances Created: 2023-05-16 13:57:54 [EST] (Supp. No. 40, Update 1)

Page 1 of 17 ends

Chapter 6.16 NOISE CONTROL
Sections:

6.16.010 Declaration of policy.

A. In order to control unnecessary, excessive, and annoying noise and vibration in the city, it is hereby declared to be the policy of the city to prohibit such noise and vibration generated from all sources, including, but not limited to, those specified in this chapter. It shall be the policy of the city to maintain quiet in those areas which exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the city where noise levels are above acceptable values.

B. It is determined that certain noise levels and vibrations are detrimental to the public health, welfare, and safety and are contrary to the public interest. Therefor, the council does ordain and declare that creating, maintaining, or causing, or allowing to be created, caused, or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter is a public nuisance.
(Prior code § 10-5.01)

6.16.020 Definitions.

All terminology used in this chapter not defined in this section shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.

A. A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.

B. Ambient noise level. The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

C. Commercial and office areas (all C and OA Zoning Districts). Areas intended to provide at readily accessible locations a wide variety of retail, service, and administrative establishments.

D. Construction. Any site preparation, assembly, erection, substantial repair, alteration, or similar action for or of public or private rights-of-way, structures, utilities, or similar property.

E. Cumulative period. An additional period of time composed of individual time segments which may be continuous or interrupted.
180
Agenda Item # 18.

Created: 2023-05-16 13:57:54 [EST]
(Supp. No. 40, Update 1)

Page 2 of 17 ends

Los Altos City CouncilJune 27, 2023

Los Altos City Council
June 27, 2023