i. The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.
ii. The sill shall be sloped toward the outside.
iii. The sill shall have a drip at its outer edge.
2. Vinyl windows are prohibited on façades visible from a right-of-way.
D. Building Materials.
1. Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces.
Permitted primary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed) b. Siding (lap, vertical, panelized, or shingle)
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not allowed.
c. Stone.
d. Brick.
2. Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed). b. Siding (lap, vertical, panelized, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not permitted.
c. Stone (building base only).
d. Brick (building base only).
e. Tile.
f. Metal (matte finish or Cor-ten).
i. Ribbed metal, titanium, and mirrored finishes are not permitted. g. Concrete Masonry Units (watertable and building base only, and not allowed on any façade facing a right-of-way or a single-family zone).
h. Concrete (building base only, board-form only, cast concrete not permitted).
E. Landscaping, Paving, and Pedestrian Amenities.
1. Landscaping must be placed on each side of a driveway at grade or in raised planters.
2. All paving located adjacent to a sidewalk must be textured (decorative or permeable).
3. A minimum seventy-five (75) percent of on-site paving material must be pervious/permeable.
4. Landscape elements shall be integrated with the building architecture, parking, and streetscape.
Recommended patterns shall include, but are not limited to:
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a. Planters for flowers and shrubs within street frontage. b. Landscape buffers between parking spaces and building façades. c. Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks. A publicly visible and accessible pedestrian amenity such as benches, a fountain, a rain garden, decorative paving, and/or public art.
5. See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.
F. Parking Design and Access.
1. Where structured parking is provided, the parking area must be either:
a. "Lined" with ground-floor non-residential uses at least thirty (30) feet deep as measured from the front façade; or
b. Designed such that the floor elevation is a minimum four vertical feet below the elevation of the adjacent sidewalk.
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2. Visible structured parking must be screened from view from the right-of-way by at least one of the following features:
a. Regular punched openings designed to resemble windows of habitable spaces. b. Trellis/living wall.
c. Custom textured or decorative screening.
3. Entrances to Parking Facilities.
a. A maximum of two curb cuts for one-way traffic and one curb cut for two-way traffic may be permitted per street frontage per lot.
b. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum ten (10) feet from the back of sidewalk.
c. Entrances to parking facilities along a street frontage shall be separated by a minimum of forty (40) feet, excluding access to parking plazas.
d. Where possible, curb cuts serving adjacent parking facilities shall be shared.
G. Site Circulation and Access.
1. A clearly defined, lighted and landscaped pedestrian route shall be provided between all parking areas and primary pedestrian entrance.
2. New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.
3. Bicycle racks shall be provided:
a. In or within fifty (50) feet of every parking area; and b. Within twenty (20) feet of at least one building entrance. 153
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H. Service Areas and Screening.
1. Service areas must be located at the rear of lot or along a parking plaza.
2. Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.
I. Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CD District.
(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))
( Ord. No. 2021-478 , § 1, 9-14-2021)
14.44.140 Nonconforming use regulations (CD).
(As provided in Chapter 14.66 of this title.)
(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))
14.44.150 Signs (CD).
(As provided in Chapter 14.68 of this code.)
(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part); Ord. No. 2015-414 , § 12, 9-8-2015)
14.44.160 Fences (CD).
(As provided in Chapter 14.72 of this title.)
(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))
14.44.170 Restoration of nonconforming structures (CD). (As provided in Chapter 14.66 of this title.)
(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))
14.44.180 Exceptions for public benefit (CD).
A. To implement the downtown urban design plan, exceptions from the provisions of this chapter may be granted provided the following findings are made:
1. The granting of the exception will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the area;
2. The benefit to the city derived from granting the exception is an appropriate mitigation when considered against the cost to the developer;
3. The project and mitigation will result in a public benefit to the downtown;
4. The resultant project and mitigation are consistent with the general plan and promote or accomplish objectives of the downtown urban design plan.
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B. For the purposes of this chapter, exceptions may include, but are not limited to setbacks, on-site parking, and development or building standards.
(Ord. 08-320 § 1 (part); Ord. 06-295 § 1 (part))
(Ord. No. 10-349, § 4, 4-27-2010)
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Title 14 - ZONING
Chapter 14.48 CRS COMMERCIAL RETAIL SALES DISTRICT*
Los Altos, California, Code of Ordinances Created: 2023-06-28 07:56:37 [EST] (Supp. No. 40, Update 2)
Chapter 14.48 CRS COMMERCIAL RETAIL SALES DISTRICT*
Sections:
14.48.010 CRS District.
The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 of this title shall apply in the CRS District.
(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): prior code § 10-2.1901)
14.48.020 Vision statement and specific purposes (CRS).
The city shall retain and enhance the downtown Los Altos village atmosphere and shall seek to attract businesses to the village. The primary characteristics of the desired village atmosphere include:
A. A mix of uses emphasizing retail businesses and services that meet the needs of community residents and visitors, and with housing located aboveground floor businesses; B. Buildings and streetscape elements that enhance the pedestrian experience, reflect quality design, present a diversity of appearances, and contribute to the architectural and historical interest of the village;
C. An attractive, pedestrian-oriented shopping environment that encourages social interaction, with substantial landscaping and open space, and adequate public parking; D. Business and specialty stores that will attract customers from the local community and surrounding region; and
E. Encouragement of activities that enhance and extend commercial vitality, including nighttime activities.
In addition to the vision statement, the specific purposes for the CRS District are as follows:
A. Promote the implementation of the downtown urban design plan; B. Encourage pedestrian-scale design and minimize blank walls and other dead spaces at the ground level; C. Continue the pattern and scale established by existing buildings by requiring building designs that express the underlying twenty-five (25) foot frontages originally established, either by building structure or by architectural design;
D. Create continuous building frontage without major interruption by disallowing driveways and parking lots on shopping street frontages;
E. Allow latitude for creative design and architectural variety within limits established; F. Provide pedestrian amenities such as paseos, outdoor public spaces and outdoor seating; G. Establish a sense of entry into the downtown;
H. Encourage historic preservation for those buildings listed on the city's historic resources inventory; I. Encourage the upgrading of building exteriors, signs, passageways, and rear entries; and 156
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J. Encourage the use of solar, photovoltaic, and other energy conserving devices. (Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 01-397 § 4: prior code § 10-2.1902)
14.48.030 Permitted uses (CRS).
The following uses shall be permitted in the CRS District:
A. Business, professional, and trade schools located above the ground floor; B. Office-administrative services, which include medical and dental clinics or offices having less than 5,000 gross square feet of floor area and animal clinics having less than 5,000 gross square feet of floor area, except when located in a ground floor building space that fronts directly onto Main Street or State Street;
C. Parking spaces and loading areas incidental to a permitted use; D. Personal services;
E. Private clubs, lodges, or fraternal organizations located above the ground floor; F. Restaurants, excluding drive-through services;
G. Retail; and
H. Residential Only Development(s) except when main building frontage is on Main Street and/or State Street;
I. Mixed Use Development(s); and
H. Uses which are determined by the Zoning Administrator community development director to be of the same general character;
I. Cocktail lounges.
(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 05-280 § 7 (part): Ord. 05-270 § 2: Ord. 04-268 § 1) (Ord. No. 10-348, § 4, 4-13-2010; Ord. No. 2015-406 , § 2, 2-10-2015; Ord. No. 2019-462 , § 1, 9-10-19)
14.48.040 Conditional uses and structures (CRS).
Upon the granting of a conditional use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the CRS District:
A. Any new building that has an area greater than seven thousand (7,000) gross square feet, and any addition to an existing building which would result in the total building area exceeding seven thousand (7,000) gross square feet, including additions to buildings which presently exceed seven thousand (7,000) gross square feet in area;
B. Commercial recreation;
C. Day care centers, except when located in a ground floor building space that fronts directly onto Main Street or State Street;
D. Hotels;
E. Housing located above the ground floor;
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F.E. Medical and dental clinics or offices having five thousand (5,000) gross square feet of floor area or more and animal clinics having five thousand (5,000) gross square feet of floor area or more, except when located in a ground floor building that fronts directly onto Main Street or State Street; and G.F. Uses which are determined by the planning commission to be of the same general character. (Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 05-280 § 7 (part): Ord. 05-270 § 3: Ord. 04-268 § 3) (Ord. No. 2012-375, § 6, 1-24-2012; Ord. No. 2015-406 , §§ 3, 4, 2-10-2015; Ord. No. 2015-414 , § 8, 9-8-2015; Ord.
No. 2019-462 , § 1, 9-10-19)
14.48.050 Required conditions (CRS).
The following conditions shall be required of all uses in the CRS District:
A. Any ground floor office that is voluntarily discontinued pursuant to Section 14.66.110 of this title shall be converted to a conforming use, or receive a conditional use permit to maintain an office at that location pursuant to Section 14.80.060(H) of this title.
B. All businesses, services, and processes shall be conducted within a completely enclosed structure, except for parking and loading spaces, sale of gasoline and oil at service stations, incidental sales and display of plant materials and garden supplies occupying no more than one thousand five hundred (1,500) square feet of exterior sales and display area, outdoor eating areas operated incidental to permitted eating and drinking services, and as otherwise allowed upon the issuance of an outdoor display permit. Exterior storage is prohibited.
C. No use shall be permitted and no process, equipment, or materials shall be employed which are found by the commission to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness or electrical disturbances which are manifested beyond the premises in which the permitted use is located.
D. No property owner, business owner and/or tenant shall permit or allow operation of a business which violates the required conditions of this chapter, including the following general criteria:
1. Refuse collection. Every development, including applications for tenant improvements, shall be required to provide suitable space for solid waste separation, collection, and storage and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-ofway. Refuse collection areas are encouraged to be shared, centralized, facilities whenever possible.
2. Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if: (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities, or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.
3. Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.
4. Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, facilities, and public sidewalks adjacent to the subject property shall be required.
In the case of public sidewalks, maintenance shall be limited to keeping the sidewalk clean and 158
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free of debris, markings, and food and drink stains by means of sweeping, cleaning with water and/or steam cleaning.
5. Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.
6. Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code.
In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height may be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities.
(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 05-287 § 3; Ord. 04-268 § 2 (part); prior code § 10-2.1905)
14.48.060 Front yard (CRS).
With the exception of landscaping, all development in the CRS District must be built to the back of the sidewalk.
(Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1907)
14.48.070 Side yards (CRS).
No side yards shall be required, and none shall be allowed, except where the side property line of a site abuts a public parking plaza, the minimum width of the side yard shall be two feet which shall be landscaped. A required side yard may be used for parking except for the area required to be landscaped. (Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1908)
14.48.080 Rear yard (CRS).
No rear yard shall be required except as follows:
A. Where the rear property line of a site abuts a public parking plaza, the minimum depth of the rear yard shall be two feet, which shall be landscaped.
B. Where the rear property line of a site abuts an existing alley, the minimum depth of the rear yard shall be ten (10) feet, of which the rear two feet shall be landscaped. A required rear yard may be used for parking, except for the area required to be landscaped. (Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1909)
14.48.090 Off-street parking (CRS).
Parking facilities shall be provided in accordance with Chapter 14.74 of this title. In addition, parking facilities shall:
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A. Reduce the visual impact of parking structures and parking lots by locating them at the rear or interior portions of building sites;
B. Minimize the street frontage of the lot or structure by placing its shortest horizontal edge along the street;
C. When parking structures must be located at street frontage because other locations are proven infeasible, the ground level frontage shall either be used for commercial space or shall provide a landscaped area not less than five feet in width between the parking area and the public right-of-way; D. Not be accessed from State or Main Streets unless no other access is feasible, in which case the number of direct entrances to parking facilities from streets shall be kept to a minimum; E. Provide a landscaped buffer not less than five feet in width between a parking lot or structure and street frontage or buildings. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature; F. Provide a minimum of interior landscaping for unenclosed parking facilities as follows: where the total parking provided is located on one site and is fourteen thousand nine hundred ninety-nine (14,999) square feet or less, five percent of total parking area; where the parking is fifteen thousand (15,000) through twenty-nine thousand nine hundred ninety-nine (29,999) square feet, seven and one-half percent of total parking area; and where the facility is thirty thousand (30,000) square feet or greater, ten (10) percent of total parking area;
Parking Area (in square feet) Minimum Landscaping (% of Parking Area) < 15,000 5
15,000 — 29,999 7.5
> 30,000 10
G. Trees in reasonable number shall be provided; ground cover alone is not acceptable. Interior landscaping shall be distributed throughout the paved area as evenly as possible. Provision shall be made for automatically irrigating all planted area. All landscaping shall be protected with concrete curbs or other acceptable barriers. All landscaping shall be continuously maintained. (Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-
2.1910)
14.48.100 Common parking facilities (CRS).
(As provided in Chapter 14.74 of this title.)
(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-
2.1911)
14.48.110 Off-street loading and refuse collection (CRS).
A. Where buildings are served by alleys, all service-delivery entrances, loading docks, and refuse collection facilities shall be located to be accessed from the alley. No loading area shall be located at the street frontage or building façade.
B. A minimum of thirty-two (32) square feet of covered refuse collection area shall be provided and shall not be located in any front or street side yard. Where an alley exists, the refuse collection area shall be accessed 160
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from the alley. Refuse collection areas shall be on site, but are encouraged to be shared, centralized, facilities whenever possible.
C. On sites not served by an alley, service areas shall be located to the rear, side, or at an internal location where visibility from public streets, public parking plazas and neighboring properties will be minimized.
D. Refuse collection areas shall be enclosed by a screen wall of durable material and planting as necessary to screen views from streets, public parking plazas and neighboring properties. (Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-
2.1912)
14.48.120 Height of structures (CRS).
No structure shall exceed thirty (30) feet in height. The first story shall have a minimum interior ceiling height of twelve (12) feet to accommodate retail use, and the floor level of the first story shall be no more than one foot above sidewalk level.
a. Residential Only Development(s) building height shall be a maximum of forty (40) feet and four (4) stories. b. Mixed Use Development(s) building height shall be a maximum of forty-five (45) feet and four (4) stories. c. Non-Residential Use Only Development(s) building height shall be a maximum of thirty (30) feet and three (3) stories.
(Ord. 08-331 § 1: Ord. 08-321 § 2: Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-2.1913)
(Ord. No. 10-349, § 5, 4-27-2010)
14.48.130 Design control (CRS).
A. Building Massing and Articulation.
1. Upper-story Step-backs, Front and Street Side.
a. The third story must be either stepped back a minimum five feet from the ground floor façade or embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.48.130.A.6. b. For buildings over three stories, the uppermost story must be embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.48.130.A.6.
2. Vertical Articulation.
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a. When a building façade exceeds fifty (50) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum five feet deep and ten (10) feet wide. b. The building shall include at least one ground-floor entrance every twenty-five (25) feet.
3. Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.
a. One or more of the following patterns shall be used to define the base:
i. Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.
ii. Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).
iii. Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).
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b. The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.48.130.B.7. These elements shall be consistent with the overall architectural style of the building mass/bay.
4. Adjacencies.
a. Storefront Façades Adjacent to Storefront Façades.
i. The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.
ii. The height of ground story shall not differ from height of any adjacent ground story by more than two feet.
iii. Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.
b. Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must utilize two or more of the following strategies:
i. Incorporate the uppermost floor into the roof form.
ii. Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height.
iii. Match window heights and/or proportions.
iv. Relate roof cornices and moldings at floor lines.
5. Privacy and Line of Sight.
a. Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building. b. Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque. c. The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.
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6. Roofline and Roof Design.
a. Roof designs shall be limited to:
i. Hipped.
ii. Gable.
iii. Dormer.
iv. Parapet.
(a) When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:
(1) Steps.
(2) Curves.
(3) Angled surfaces.
(b) The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.
b. Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.
c. Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twenty-four (24) inches.
B. Building Design.
1. Façade Design.
a. Building façades must continue the pattern established by existing buildings in Downtown Los Altos by reinforcing the underlying maximum twenty-five (25) foot module along all street frontages through the use of the following techniques:
i. Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be 164
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visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows. ii. The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.
iii. Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.
iv. Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.
b. At least two of the following strategies must be used in a manner that reinforces the maximum twenty-five (25) foot module:
i. Change in roof parapet height or shape.
ii. Change in roof style.
iii. Change in materials palette.
iv. Change in building height, minimum eight-foot difference. v. Change in frontage type or change in details of shopfront frontage type if used. vi. Use of upper floor projections such as bay windows or balconies.
2. Ground Level Transparency. A minimum sixty (60) percent of commercial ground floor street-facing façades between two and seven feet in height shall be transparent window surface. Opaque, reflective, or dark tinted glass is not allowed.
3. Pedestrian-Scaled Entrances.
a. Building entrances must incorporate at least one of the following entry features. See Section
14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.
i. Stoop.
ii. Shopfront.
(a) The maximum width of single shopfront shall be twenty-five (25) feet. iii. Gallery.
iv. Arcade with shopfront frontage.
b. Primary Entrance Location(s). Locate primary entrance on the front right-of-way. c. Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.
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d. Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:
i. Dedicated awning, canopy, or other roof element.
ii. Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.
iii. Dedicated light fixture(s).
iv. Decorative street address numbers or tiles.
v. Plaque signs for upper-floor business tenants.
e. Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.
i. Protection may be coterminous with an accent element. ii. Protection may take the form of an extended eave, overhang, awning, door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.
iii. The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.
iv. Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.
f. Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.
4. Ground Floor Floor-to-Ceiling Height. Minimum twenty-four (24) inches taller than typical upper floor floor-to-ceiling height.
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5. Interior Courtyard. Interior courtyards must be:
a. Partially visible from the street and linked to the street by a clear accessible path of travel. b. Enclosed on at least two sides by buildings.
c. Open to the sky (arbors and trellises are allowed).
d. A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.
6. Paseos. Paseos must be:
a. A minimum width of ten (10) feet for through-block paseos. b. A minimum width of four feet for entries to courtyards or individual single businesses.
C. Window Design.
1. Window frames, backbands, and sills.
a. All windows shall have a sill.
i. The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.
ii. The sill shall be sloped toward the outside.
iii. The sill shall have a drip at its outer edge.
2. Vinyl windows are prohibited on façades visible from a right-of-way.
3. Tinted glass is not allowed.
D. Building Materials.
1. Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces.
Permitted primary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed). b. Siding (lap, vertical, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not permitted.
c. Stone.
d. Brick.
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2. Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed). b. Siding (lap, vertical, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not permitted.
c. Stone (building base only).
d. Brick (building base only).
e. Tile (for bulkheads below display windows and decorative accents only). f. Metal (Matte finish or Cor-ten).
i. Ribbed metal, titanium, and mirrored finishes are not permitted. g. Concrete Masonry Units (building base only, and not allowed on any façade facing a right-of-way or a single-family zone).
h. Concrete (watertable and building base only, board-form only, cast concrete not permitted).
E. Downtown Gateways. A downtown gateway is located at the intersection of Foothill Expressway at Main Street.
1. Building design at gateway intersection shall include:
a. Façade lighting; and
b. Overhangs or sloped roof forms.
2. Ground-floor design at gateway intersections must address both street frontages through:
a. Entrances that are visible and directly accessible from both streets; b. Building transparency beyond the required minimum for the first fifteen (15) feet of building frontage from the corner;
c. Landscaped area with a minimum dimension of six feet; and d. A usable public space with pedestrian-scaled features.
F. Landscaping and Paving, and Pedestrian Amenities.
1. Landscaping must be placed on each side of a driveway at grade or in raised planters.
2. All paving located adjacent to a sidewalk must be textured (decorative or permeable).
3. A minimum seventy-five (75) percent of on-site paving material must be pervious/permeable.
4. Landscape elements shall be integrated with the building architecture, parking, and streetscape.
Recommended patterns shall include, but are not limited to:
a. Planters for flowers and shrubs within street frontage. b. Landscape buffers between parking spaces and building façades. c. Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks. 168
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d. A publicly visible and accessible pedestrian amenity such as benches, a fountain, a rain garden, decorative paving, and/or public art.
5. See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.
G. Parking Design and Access.
1. Where structured parking is provided, the parking area must be either:
a. "Lined" with ground-floor non-residential uses at least thirty (30) feet deep as measured from the front façade; or
b. Designed such that the floor elevation is a minimum four vertical feet below the elevation of the adjacent sidewalk.
2. Visible structured parking must be screened from view from the right-of-way by at least one of the following features:
a. Regular punched openings designed to resemble windows of habitable spaces. b. Trellis/living wall.
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c. Custom textured or decorative screening.
3. Entrances to Parking Facilities.
a. Curb cuts are not permitted along State Street and Main Street, except those providing direct access to parking plazas. On all other street frontages, a maximum of two curb cuts for one-way traffic and one curb cut for two-way traffic may be permitted per street frontage per lot. b. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum ten (10) feet from the back of sidewalk.
c. Entrances to parking facilities along a street frontage shall be separated by a minimum of forty (40) feet, excluding access to parking plazas.
d. Where possible, curb cuts serving adjacent parking facilities shall be shared.
H. Site Circulation and Access.
1. A clearly defined, lighted and landscaped pedestrian route shall be provided between all parking areas and primary pedestrian entrance.
2. New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.
3. Bicycle racks shall be provided:
a. In or within fifty (50) feet of every parking area; and b. Within twenty (20) feet of at least one building entrance.
I. Service Areas and Screening.
1. Service areas must be located at the rear of lot or along a parking plaza.
2. Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.
J. Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CRS District.
(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): amended during 2/06 supplement; Ord. 04- 268 § 2 (part); Ord. 01-397 §§ 10, 11, 12; prior code § 10-2.1914) ( Ord. No. 2021-478 , § 1, 9-14-2021)
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14.48.140 Nonconforming use regulations (CRS).
(As provided in Chapter 14.66 of this title.)
(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-
2.1915)
14.48.150 Signs (CRS).
(As provided in Chapter 11.04 of this code.)
(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); Ord. 01-397 § 13:
prior code § 10-2.1916; Ord. No. 2015-414 , § 12, 9-8-2015)
14.48.160 Fences (CRS).
(As provided in Chapter 14.72 of this title.)
(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-
2.1917)
14.48.170 Restoration of nonconforming structures (CRS). (As provided in Chapter 14.66 of this title.)
(Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-
2.1918)
14.48.180 Exceptions for public benefit (CRS).
A. To implement the downtown design plan, minor exceptions from the provisions of this chapter may be granted in the context of the project's benefit relative to its location. Since these are not required by law, they are to be allowed at the complete discretion of the city, provided the following findings are made:
1. The benefits to the downtown will be significant;
2. The benefits to the city derived from granting the exception is an appropriate mitigation when considered against the cost to the developer;
3. The project and mitigation will result in a public benefit to the downtown; and
4. The resultant project and mitigation are consistent with the general plan and promote or accomplish objectives of the downtown design plan.
B. For the purposes of this chapter, such exceptions may include, but are not limited to, setbacks, height of structure, height of the first floor, on-site parking, and other zoning regulations. "Height of structure" shall only apply to building height exceptions that support the project's architectural integrity.
C. For the purposes of this section, significant public benefits identified in the downtown design plan, include, but are not limited to, projects that accomplish the following:
1. Provide for additional public parking, beyond minimum code requirement project needs; 171
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2. Provide additional public outdoor plazas and gathering and eating spaces, visible from the public rightof-way, to enhance the ambiance of the downtown;
3. Create prominent, recognizable, entry points into the downtown area;
4. Preserve the historic character of downtown by renovating existing historic buildings;
5. Create strong pedestrian linkages to the Civic Center and residential areas adjacent to downtown; and
6. Develop pedestrian walkways or "paseo" passage ways where they are needed, to better link rear parking plazas to the businesses along State and Main Streets. (Ord. 08-320 § 3 (part); Ord. 05-294 § 2 (part): Ord. 05-289 § 2 (part): Ord. 04-268 § 2 (part); prior code § 10-
2.1919)
(Ord. No. 10-348, § 5, 4-13-2010; Ord. No. 2012-388, § 1, 11-13-2012) 172
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Title 14 - ZONING
Chapter 14.52 CD/R3 COMMERCIAL DOWNTOWN/MULTIPLE FAMILY DISTRICT Los Altos, California, Code of Ordinances Created: 2023-06-28 07:56:39 [EST] (Supp. No. 40, Update 2)
Chapter 14.52 CD/R3 COMMERCIAL DOWNTOWN/MULTIPLE FAMILY DISTRICT1 Sections:
14.52.010 CD/R3 District.
The regulations, general provisions, and exceptions set forth in Chapter 14.66 of this title shall apply in the CD/R3 District.
(Ord. No. 10-346, § 2, 3-9-2010)
14.52.020 Specific purposes (CD/R3).
Specific purposes for CD/R3 Districts are as follows:
A. Promote the implementation of the downtown urban design plan; B. Retain and enhance the downtown Los Altos village atmosphere; C. Allow latitude for creative design and architectural variety within limits established; D. Preserve and improve the character of the area immediately surrounding the existing downtown pedestrian district;
E. Provide pedestrian amenities such as paseos, outdoor public spaces and outdoor seating; F. Establish a sense of entry into the downtown;
G. Encourage historic preservation for those buildings listed on the city's historic resources inventory; H. Encourage the upgrading of building exteriors, signs, passageways and rear entries; I. Provide for a full range of retail, office, and service uses appropriate to downtown; J. Develop a landscaped strip along the back of properties that abut Foothill Expressway between Edith Avenue and San Antonio Road;
K. Improve the visual appeal and pedestrian orientation of the downtown; and L. Encourage the use of solar, photovoltaic, and other energy conserving devices. (Ord. No. 10-346, § 2, 3-9-2010)
14.52.030 Permitted uses (CD/R3).
The following uses shall be permitted in the CD/R3 District:
A. Business, professional, and trade schools;
1Editor's note(s)—Prior to the reenactment of ch. 14.52 by Ord. No. 10-346, Ord. No. 09-336, § 3, adopted April 28, 2009, repealed ch. 14.52, §§ 14.52.010—14.52.050, which pertained to the AH/MU affordable housing/mixed use overlay district and derived from §§ 10-20501—10-20505 of the prior code. 173
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B. Housing Residential Only Development(s);
C. Maintenance and repair services Mixed Use Development(s); D. Office-administrative services, excluding drive-through facilities; E. Parking spaces and loading areas;
F. Restaurants, excluding drive-through facilities;
G. Retail and personal services; and
H. Uses which are determined by the Zoning Administrator city planner to be of the same general character.
(Ord. No. 10-346, § 2, 3-9-2010; Ord. No. 2015-406 , § 2, 2-10-2015)
14.52.040 Conditional uses (CD/R3).
Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the CD/R3 District:
A. Animal clinics and hospitals;
B. Cocktail lounges;
C. Commercial recreation;
D. Day care centers;
E. Medical and dental clinics;
F. Medical and dental offices that are five thousand (5,000) gross square feet or more; and G. Service stations provided the site has at least one hundred (100) feet of frontage on a street with a minimum site area of twenty thousand (20,000) square feet; and H.G. Uses which are determined by the planning commission and the city council to be of the same general character.
(Ord. No. 10-346, § 2, 3-9-2010; Ord. No. 2015-406 , §§ 3, 4, 2-10-2015)
14.52.050 Required conditions (CD/R3).
The following conditions shall be required of all uses in the CD/R3 District:
A. All businesses, services, and processes shall be conducted within a completely enclosed structure, except for parking and loading spaces, sale of gasoline and oil at service stations, incidental sales and display of plant materials and garden supplies occupying no more than one thousand five hundred (1,500) square feet of exterior sales and display area, and outdoor eating and community facility play areas operated incidental to those services.
B. No use shall be permitted and no process, equipment, or materials shall be employed which are found by the planning commission to be objectionable by reason of odor, dust, smoke, noise, vibration, illumination, glare, unsightliness, or electrical disturbances which are manifested beyond the premises in which the permitted use is located.
C. No property owner, business owner and/or tenant shall permit or allow operation of a business which violates the required conditions of this chapter, including the following general criteria:
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1. Refuse collection. Every development, including applications for tenant improvements, shall be required to provide suitable space for solid waste separation, collection, and storage and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way. Refuse collection areas are encouraged to be shared, centralized, facilities whenever possible.
2. Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if: (1) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities, or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.
3. Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.
4. Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, facilities, and public sidewalks adjacent to the subject property shall be required. In the case of public sidewalks, maintenance shall be limited to keeping the sidewalk clean and free of debris, markings, and food and drink stains by means of sweeping, cleaning with water and/or steam cleaning.
5. Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.
6. Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code.
In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height may be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities.
D. For affordable housing requirements, see Chapter 14.28 of this title. (Ord. No. 10-346, § 2, 3-9-2010)
14.52.060 Required building setbacks (CD/R3).
For entirely residential projects:
A. The minimum depth of the front yard shall be ten (10) feet, all of which shall be landscaped. For purposes of this section, "landscaped" shall mean any combination of plant material (soft surfaces) and decorative paving, seating, seat-walls, fountains, etc., (hard surfaces) where the soft surface comprises at least sixty (60) percent of the total landscaped area. Stair cases and building entry landings may be located in the required front yard.
B. No side yards shall be required, except when the side property line of a site abuts a public street or a public parking plaza, in which case the minimum width of the side yard shall be two feet and shall be landscaped.
C. The minimum depth of the rear yard shall be ten (10) feet, all of which shall be landscaped. For purposes of this section, "landscaped" shall mean any combination of plant material (soft surfaces) and decorative paving, seating, seat-walls, fountains, etc., (hard surfaces) where the soft surface comprises 175
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at least sixty (60) percent of the total landscaped area. Stair cases and building entry landings may be located in the required rear yard.
For mixed-use and commercial projects:
A. The minimum depth of front yards shall be two feet and shall be landscaped.
B. No side yards shall be required, except when the side property line of a site abuts a public street or a public parking plaza, in which case the minimum width of the side yard shall be two feet and shall be landscaped.
C. Where the rear property line of a site abuts a public parking plaza, public street, or alley, the minimum depth of the rear yard shall be two feet and shall be landscaped. (Ord. No. 10-346, § 2, 3-9-2010)
14.52.070 Off-street parking (CD/R3).
Parking facilities shall be provided in accordance with Chapter 14.74 of this title. In addition, parking facilities shall:
A. Reduce the visual impact of parking structures and parking lots by locating them at the rear or interior portions of building sites;
B. Minimize the street frontage of the lot or structure by placing its shortest horizontal edge along the street;
C. When parking structures must be located at street frontage because other locations are proven infeasible, the ground level frontage shall either be used for commercial space or shall provide a landscaped area not less than five feet in width between the parking area and the public right-of-way; D. Keep the number of direct entrances to parking facilities from streets to a minimum; E. Provide a landscaped buffer not less than five feet in width between a parking lot or structure and street frontage or buildings. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature; F. Provide a minimum of interior landscaping for unenclosed parking facilities as follows: where the total parking provided is located on one site and is fourteen thousand nine hundred ninety-nine (14,999) square feet or less, five percent of total parking area; where the parking is fifteen thousand (15,000) through twenty-nine thousand nine hundred ninety-nine (29,999) square feet, seven and one-half percent of total parking area; and where the facility is thirty thousand (30,000) square feet or greater, ten (10) percent of total parking area.
Parking Area (in square feet) Minimum Landscaping (% of Parking Area) < 15,000 5
15,000 29,999 7.5
> 30,000 10
G. Trees in reasonable number shall be provided; ground cover alone is not acceptable. Interior landscaping shall be distributed throughout the paved area as evenly as possible. Provision shall be made for automatically irrigating all planted area. All landscaping shall be protected with concrete curbs or other acceptable barriers. All landscaping shall be continuously maintained. (Ord. No. 10-346, § 2, 3-9-2010)
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14.52.080 Common parking facilities (CD/R3).
(As provided in Chapter 14.74 of this title.)
(Ord. No. 10-346, § 2, 3-9-2010)
14.52.090 Off-street loading and refuse collection (CD/R3).
A. Where buildings are served by alleys, all service-delivery entrances, loading docks, and refuse collection facilities shall be located to be accessed from the alley. No loading area shall be located at the street frontage or building façade.
B. A minimum of thirty-two (32) square feet of covered refuse collection area shall be provided and shall not be located in any front or street side yard. Where an alley exists, the refuse collection area shall be accessed from the alley. Refuse collection areas shall be on site, but are encouraged to be shared, centralized, facilities whenever possible.
C. On sites not served by an alley, service areas shall be located to the rear, side, or at an internal location where visibility from public streets, public parking plazas and neighboring properties will be minimized.
D. Refuse collection areas shall be enclosed by a screen wall of durable material and planting as necessary to screen views from streets, public parking plazas and neighboring properties. (Ord. No. 10-346, § 2, 3-9-2010)
14.52.100 Height of structures (CD/R3).
No commercial or mixed use structure shall exceed thirty (30) feet in height and no entirely residential structure shall exceed thirty-five (35) feet in height. Commercial and mixed-use projects that include ground floor commercial floor area shall provide a ground floor with a minimum interior ceiling height of twelve (12) feet. a. Residential Only Development(s) building height shall be a maximum of forty (40) feet and four (4) stories. b. Mixed Use Development(s) building height shall be a maximum of forty-five (45) feet and four (4) stories. c. Non-Residential Use Only Development(s) building height shall be a maximum of thirty (30) feet and three (3) stories.
(Ord. No. 10-346, § 2, 3-9-2010; Ord. No. 2016-428 , § 1, 11-8-2016)
14.52.110 Design control (CD/R3).
A. Building Massing and Articulation.
1. Upper-story Step-backs.
a. Front: Minimum ten (10) feet from ground floor façade for stories above thirty (30) feet in height (commercial or mixed use) or thirty-five (35) feet (residential only) as shown in the diagram. b. Street Side: Minimum ten (10) feet from ground floor façade for stories above thirty (30) feet in height (commercial or mixed use) or thirty-five (35) feet (residential only) as shown in the diagram.
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c. For buildings over three stories, the uppermost story must be embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.52.110.A.6.
2. Vertical Articulation.
a. When a building façade exceeds seventy-five (75) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide. b. The building shall include at least one ground-floor entrance every twenty-five (25) feet. c. The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.
3. Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.
a. One or more of the following patterns shall be used to define the base:
i. Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.
ii. Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).
iii. Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).
b. The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.52.110.A.6. These elements shall be consistent with the overall architectural style of the building mass/bay.
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4. Adjacencies.
a. Storefront Façades Adjacent to Storefront Façades.
i. The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.
ii. The height of ground story shall not differ from height of any adjacent ground story by more than two feet.
iii. Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.
b. Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must utilize two or more of the following strategies:
i. Incorporate the uppermost floor into the roof form.
ii. Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height.
iii. Match window heights and/or proportions.
iv. Relate roof cornices and moldings at floor lines.
5. Privacy and Line of Sight.
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a. Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building. b. Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque. c. The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.
6. Roofline and Roof Design.
a. Roof designs shall be limited to:
i. Hipped.
ii. Gable.
iii. Mansard.
(a) Applicable for buildings three or more stories.
iv. Dormer.
v. Parapet.
(a) Allowed only along First Street frontages.
(b) When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:
(1) Steps.
(2) Curves.
(3) Angled surfaces.
(c) The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.
b. When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.
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c. Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.
d. Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twenty-four (24) inches.
B. Building Design.
1. Façade Design.
a. Building façades must continue the pattern established by existing buildings in Downtown Los Altos by reinforcing the underlying maximum fifty (50) foot module along all street frontages through the use of the following techniques:
i. Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls or columns. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows. ii. The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.
iii. Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.
iv. Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.
b. At least two of the following strategies must be used in a manner that reinforces the maximum fifty (50) foot module:
i. Change in roof parapet height or shape.
ii. Change in roof style
iii. Change in materials palette
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iv. Change in building height, minimum eight-foot difference. v. Change in frontage type or change in details of shopfront frontage type if used. vi. Use of upper floor projections such as bay windows or balconies.
2. Pedestrian-Scaled Entrances.
a. Buildings more than seventy-five (75) feet in frontage length along a right-of-way and First Street must incorporate at least one forecourt with a minimum depth of twenty (20) feet from front façade. Required forecourts must also comply with the standards of Section 14.52.110.B.2.b.vi. below.
b. Building entrances must incorporate at least one of the following entry features. See Section
14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.
i. Stoop.
ii. Dooryard.
iii. Shopfront.
(a) The maximum width of single shopfront shall be twenty-five (25) feet. iv. Gallery.
v. Arcade.
vi. Forecourt
(a) Forecourts must feature at least one entry to a shop and/or second floor use. (b) Forecourts for buildings more than seventy (70) feet in length along a right-ofway must have a minimum width and depth of fifteen (15) feet from front façade. Width of forecourt shall be equal to or greater than depth. (c) The size of the forecourt must be appropriate relative to the size of the building. The maximum ratio of building height to forecourt is 2:1 (height < 2 x width).
(d) Forecourt must be enclosed on at least three sides by buildings. (e) Forecourt must remain open to the sky (arbors and trellises are allowed). vii. Terrace.
c. Primary Entrance Location(s). Locate primary entrance on the front right-of-way and/or in the interior courtyard.
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d. Individual Entries. Ground floor residential units facing a street must provide individual entries along the street frontage.
e. Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.
f. Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:
i. Dedicated awning, canopy, or other roof element.
ii. Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.
iii. Dedicated light fixture(s).
iv. Decorative street address numbers or tiles.
v. Plaque signs for upper-floor business tenants.
g. Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.
i. Protection may be coterminous with an accent element. ii. Protection may take the form of an extended eave, overhang, awning, door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.
iii. The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.
iv. Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.
h. Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.
3. Ground Floor Floor-to-Ceiling Height.
a. Minimum twenty-four (24) inches taller than typical upper floor floor-to-ceiling height where ground floor is non-residential.
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b. Minimum twelve (12) inches taller than typical upper floor floor-to-ceiling where ground floor is residential.
4. Interior Courtyard. Interior courtyards must be:
a. Partially visible from the street and linked to the street by a clear accessible path of travel. b. Enclosed on at least two sides by buildings.
c. Open to the sky (arbors and trellises are allowed).
d. A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.
5. Paseos. Paseos must be:
a. A minimum width of ten (10) feet for through-block paseos. b. A minimum width of four feet for entries to courtyards or individual single businesses.
C. Window Design.
1. Window frames, backbands, and sills.
a. All windows shall have a sill.
i. The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.
ii. The sill shall be sloped toward the outside.
iii. The sill shall have a drip at its outer edge.
2. Vinyl windows are prohibited on façades visible from a right-of-way.
D. Building Materials.
1. Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces.
Permitted primary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed). b. Siding (lap, vertical, panelized, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not permitted.
c. Stone.
d. Brick.
2. Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:
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a. Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed). b. Siding (lap, vertical, panelized, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not permitted.
c. Stone (building base only).
d. Brick (building base only).
e. Tile.
f. Metal (matte finish or Cor-ten).
i. Ribbed metal, titanium, and mirrored finishes are not permitted. g. Concrete masonry units (watertable and building base only, and not allowed on any façade facing a right-of-way or a single-family zone).
h. Concrete (building base only, board-form only, cast concrete not permitted).
E. Downtown Gateways. Downtown gateways are located at the intersection of Foothill Expressway and Edith Avenue and the intersection of Foothill Expressway and San Antonio Road.
1. Building design at gateway intersection shall include:
a. Façade lighting; and
b. Overhangs or sloped roof forms.
2. Ground-floor design at gateway intersections must address both street frontages through:
a. Entrances that are visible and directly accessible from both streets; b. Building transparency beyond the required minimum for the first fifteen (15) feet of building frontage from the corner;
c. Landscaped area with a minimum dimension of six feet; and d. A usable public space with pedestrian-scaled features.
F. Landscaping and Paving.
1. Landscaping must be placed on each side of a driveway at grade or in raised planters.
2. All paving located adjacent to a sidewalk must be textured (decorative or permeable).
3. A minimum seventy-five (75) percent of on-site paving material must be pervious or permeable.
4. Landscape elements shall be integrated with the building architecture, parking, and streetscape.
Recommended patterns shall include, but are not limited to:
a. Planters for flowers and shrubs within street frontage. b. Landscape buffers between parking spaces and building façades. c. Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks.
5. See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.
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G. Ground Level Open Space. The required front setback area for residential-only development must be improved with a usable open space a minimum of seven feet in depth for a minimum fifty (50) percent of the building frontage.
H. Parking Design and Access.
1. Where structured parking is provided, the parking area must be either:
a. "Lined" with ground floor non-residential uses at least thirty (30) feet deep as measured from the front façade; or
b. Designed such that the floor elevation is a minimum four vertical feet below the elevation of the adjacent sidewalk.
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2. Visible structured parking must be screened from view from the right-of-way by at least one of the following features:
a. Regular punched openings designed to resemble windows of habitable spaces. b. Trellis/living wall.
c. Custom textured or decorative screening.
3. Entrances to Parking Facilities.
a. A maximum of two curb cuts for one-way traffic and one curb cut for two-way traffic may be permitted per street frontage per lot.
b. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum ten (10) feet from the back of sidewalk.
c. Entrances to parking facilities along a street frontage shall be separated by a minimum of thirty (30) feet.
d. Where possible, curb cuts serving adjacent parking facilities shall be shared.
I. Site Circulation and Access.
1. A clearly defined, lighted and landscaped pedestrian route shall be provided between all parking areas and primary pedestrian entrance.
2. New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.
3. Bicycle racks shall be provided:
a. In or within fifty (50) feet of every parking area; and b. Within twenty (20) feet of at least one building entrance. 187
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J. Service Areas and Screening.
1. Service areas must be located at the rear of lot or along a parking plaza.
2. Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.
K. Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CD/R3 District. (Ord. No. 10-346, § 2, 3-9-2010; Ord. No. 2021-478 , § 1, 9-14-2021)
14.52.120 Nonconforming use regulations (CD/R3).
(As provided in Chapter 14.66 of this title.)
(Ord. No. 10-346, § 2, 3-9-2010)
14.52.130 Signs (CD/R3).
(As provided in Chapter 14.68 of this code.)
(Ord. No. 10-346, § 2, 3-9-2010; Ord. No. 2015-414, § 12, 9-8-2015)
14.52.140 Fences (CD/R3).
(As provided in Chapter 14.72 of this title.
(Ord. No. 10-346, § 2, 3-9-2010)
14.52.150 Restoration of nonconforming structures (CD/R3). (As provided in Chapter 14.66 of this title.)
(Ord. No. 10-346, § 2, 3-9-2010)
14.52.160 Exceptions for public benefit (CD/R3).
A. To implement the downtown urban design plan, exceptions from the provisions of this chapter may be granted provided the following findings are made:
1. The granting of the exception will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the area;
2. The benefit to the city derived from granting the exception is an appropriate mitigation when considered against the cost to the developer;
3. The project and mitigation will result in a public benefit to the downtown;
4. The resultant project and mitigation are consistent with the general plan and promote or accomplish objectives of the downtown urban design plan.
B. For the purposes of this chapter, exceptions may include, but are not limited to, setbacks, on-site parking, and development or building standards.
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Title 14 - ZONING
Chapter 14.54 CRS/OAD COMMERCIAL RETAIL SALES/OFFICE-ADMINISTRATIVE DISTRICT Los Altos, California, Code of Ordinances Created: 2023-06-28 07:56:40 [EST] (Supp. No. 40, Update 2)
Chapter 14.54 CRS/OAD COMMERCIAL RETAIL SALES/OFFICE-ADMINISTRATIVE DISTRICT1
Sections:
14.54.010 CRS/OAD District.
The regulations, general provisions, and exceptions set forth in this chapter and in Chapter 14.66 of this title shall apply in the CRS/OAD District.
(Ord. 08-331 § 2 (part))
14.54.020 Specific purposes (CRS/OAD).
Specific purposes for CRS/OAD Districts are as follows:
A. Provide for a full range of retail, office, and service uses appropriate to downtown; B. Promote the implementation of the downtown urban design plan; C. Encourage pedestrian-scale design and minimize blank walls and other dead spaces at the ground level; D. Create continuous building frontage without major interruption by disallowing driveways and parking lots on shopping street frontages;
E. Allow latitude for creative design and architectural variety within limits established; F. Provide pedestrian amenities such as paseos, outdoor public spaces and outdoor seating; G. Establish a sense of entry into the downtown;
H. Encourage the upgrading of building exteriors, signs, passageways, and rear entries; and I. Encourage the use of solar, photovoltaic, and other energy conserving devices. (Ord. 08-331 § 2 (part))
14.54.030 Permitted uses (CRS/OAD).
The following uses shall be permitted in the CRS/OAD District:
A. Business, professional, and trade schools located above the ground floor; B. Office-administrative services;
C. Parking spaces and loading areas incidental to a permitted use;
1Editor's note(s)—Ord. No. 10-346, § 4, adopted March 9, 2010, changed the title of ch. 14.54 from "CRS/OAD Commercial Office District" to "CRS/OAD Commercial Retail Sales/Office-Administrative District." Prior code history: prior code §§ 10-2.2101—10-2.2106.
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D. Personal services;
E. Private clubs, lodges, or fraternal organizations located above the ground floor; F. Restaurants, excluding drive-through services;
G. Retail; and
H. Medical and dental offices that are less than five thousand (5,000) gross square feet; I. Residential Only Development(s);
J. Mixed Use Development(s); and
H.K. Uses which are determined by the Zoning Administrator city planner to be of the same general character.
(Ord. 08-331 § 2 (part))
(Ord. No. 2015-406 , § 2, 2-10-2015)
14.54.040 Conditional uses and structures (CRS/OAD).
Upon the granting of a use permit in accordance with the provisions of Chapter 14.80 of this title, the following uses shall be permitted in the CRS/OAD District:
A. Any new building that has an area greater than seven thousand (7,000) gross square feet, and any addition to an existing building which would result in the total building area exceeding seven thousand (7,000) gross square feet, including additions to buildings which presently exceed seven thousand (7,000) gross square feet in area;
B. Cocktail lounges;
C. Commercial recreation;
D. Hotels;
E. Housing located above the ground floor;
F.E. Medical and dental offices clinics; and
G. Medical and dental offices that are five thousand (5,000) gross square feet or more; and H.F. Uses which are determined by the planning commission to be of the same general character. (Ord. 08-331 § 2 (part))
(Ord. No. 2015-406 , §§ 3, 4, 2-10-2015)
14.54.050 Required conditions (CRS/OAD).
The following conditions shall be required of all uses in the CRS/OAD District:
A. All businesses, services, and processes shall be conducted within a completely enclosed structure, except for parking and loading spaces, incidental sales and display of plant materials and garden supplies occupying no more than one thousand five hundred (1,500) square feet of exterior sales and display area, outdoor eating areas operated incidental to permitted eating and drinking services, and as otherwise allowed upon the issuance of an outdoor display permit. Exterior storage is prohibited. 191
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B. No use shall be permitted and no process, equipment, or materials shall be employed which are found to be objectionable by reason of odor, dust, noise, vibration, illumination, glare, unsightliness or electrical disturbances which are manifested beyond the premises in which the permitted use is located.
C. No property owner, business owner and/or tenant shall permit or allow operation of a business which violates the required conditions of this chapter, including the following general criteria:
1. Refuse collection. Every development, including applications for tenant improvements, shall provide suitable space for solid waste separation, collection, and storage and shall provide sites for such that are located so as to facilitate collection and minimize any negative impact on persons occupying the development site, neighboring properties, or public rights-of-way. Refuse collection areas are encouraged to be shared, centralized, facilities whenever possible.
2. Lighting. Lighting within any lot that unnecessarily illuminates any other lot and/or substantially interferes with the use or enjoyment of such other lot is prohibited. Lighting unnecessarily illuminates another lot if (i) it clearly exceeds the minimum illumination necessary to provide for security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities, or (ii) if the illumination could reasonably be achieved in a manner that would not substantially interfere with the use or enjoyment of neighboring properties.
3. Air pollution. Any use that emits any "air contaminant" as defined by the Bay Area air quality management district shall comply with applicable state standards concerning air pollution.
4. Maintenance of common areas, improvements, and facilities. Maintenance of all common areas, improvements, facilities, and public sidewalks adjacent to the subject property shall be required.
In the case of public sidewalks, maintenance shall be limited to keeping the sidewalk clean and free of debris, markings, and food and drink stains by means of sweeping, cleaning with water and/or steam cleaning.
5. Odors. No use may generate any odor that may be found reasonably objectionable as determined by an appropriate agency such as the Santa Clara County health department and the Bay Area air quality management district beyond the boundary occupied by the enterprise generating the odor.
6. Noise. No person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property either incorporated or unincorporated, to exceed standards as set forth in Chapter 6.16 of the Los Altos Municipal Code. In order to attenuate noise associated with commercial development, walls up to twelve (12) feet in height may be required at a commercial/residential interface. Other conditions may be applied such as, but not limited to, muffling of exterior air conditioning facilities.
(Ord. 08-331 § 2 (part))
14.54.060 Front yard (CRS/OAD).
With the exception of landscaping, all development in the CRS/OAD District must be built to the back of the sidewalk.
(Ord. 08-331 § 2 (part))
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14.54.070 Side yards (CRS/OAD).
No side yards shall be required, and none shall be allowed, except where the side property line of a site abuts a public parking plaza, the minimum width of the side yard shall be two feet which shall be landscaped. A required side yard may be used for parking except for the area required to be landscaped. (Ord. 08-331 § 2 (part))
14.54.080 Rear yard (CRS/OAD).
No rear yard shall be required except as follows:
A. Where the rear property line of a site abuts a public parking plaza, the minimum depth of the rear yard shall be two feet, which shall be landscaped.
B. Where the rear property line of a site abuts an existing alley, the minimum depth of the rear yard shall be ten (10) feet, of which the rear two feet shall be landscaped. A required rear yard may be used for parking, except for the area required to be landscaped. (Ord. 08-331 § 2 (part))
14.54.090 Off-street parking (CRS/OAD).
Parking facilities shall be provided in accordance with Chapter 14.74 of this title. In addition, parking facilities shall:
A. Reduce the visual impact of parking structures and parking lots by locating them at the rear or interior portions of building sites;
B. Minimize the street frontage of the lot or structure by placing its shortest horizontal edge along the street;
C. When parking structures must be located at street frontage because other locations are proven infeasible, the ground level frontage shall either be used for commercial space or shall provide a landscaped area not less than five feet in width between the parking area and the public right-of-way; D. Not be accessed from state or Main Streets unless no other access is feasible, in which case the number of direct entrances to parking facilities from streets shall be kept to a minimum; E. Provide a landscaped buffer not less than five feet in width between a parking lot or structure and street frontage or buildings. Where the landscaped strip adjoins a public street or pedestrian walkway, the landscaped strip may be required to include a fence, wall, berm, or equivalent feature; F. Provide a minimum of interior landscaping for unenclosed parking facilities as follows: where the total parking provided is located on one site and is fourteen thousand nine hundred ninety-nine (14,999) square feet or less, five percent of total parking area; where the parking is fifteen thousand (15,000) through twenty-nine thousand nine hundred ninety-nine (29,999) square feet, seven and one-half percent of total parking area; and where the facility is thirty thousand (30,000) square feet or greater, ten (10) percent of total parking area;
Parking Area (in square feet) Minimum Landscaping
(% of Parking Area)
< 15,000 5
15,000 — 29,999 7.5
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> 30,000 10
G. Trees in reasonable number shall be provided; ground cover alone is not acceptable. Interior landscaping shall be distributed throughout the paved area as evenly as possible. Provision shall be made for automatically irrigating all planted area. All landscaping shall be protected with concrete curbs or other acceptable barriers. All landscaping shall be continuously maintained. (Ord. 08-331 § 2 (part))
14.54.100 Common parking facilities (CRS/OAD).
(As provided in Chapter 14.74 of this title.)
(Ord. 08-331 § 2 (part))
14.54.110 Off-street loading and refuse collection (CRS/OAD).
A. Where buildings are served by alleys, all service-delivery entrances, loading docks, and refuse collection facilities shall be located to be accessed from the alley. No loading area shall be located at the street frontage or building façade.
B. A minimum of thirty-two (32) square feet of covered refuse collection area shall be provided and shall not be located in any front or street side yard. Where an alley exists, the refuse collection area shall be accessed from the alley. Refuse collection areas shall be on site, but are encouraged to be shared, centralized, facilities whenever possible.
C. On sites not served by an alley, service areas shall be located to the rear, side, or at an internal location where visibility from public streets, public parking plazas and neighboring properties will be minimized.
D. Refuse collection areas shall be enclosed by a screen wall of durable material and planting as necessary to screen views from streets, public parking plazas and neighboring properties. (Ord. 08-331 § 2 (part))
14.54.120 Height of structures (CRS/OAD).
No structure shall exceed thirty (30) feet in height. The first story shall have a minimum interior ceiling height of twelve (12) feet to accommodate retail use, and the floor level of the first story shall be no more than one foot above sidewalk level.
a. Residential Only Development(s) building height shall be a maximum of forty (40) feet and four (4) stories. b. Mixed Use Development(s) building height shall be a maximum of forty-five (45) feet and four (4) stories. c. Non-Residential Use Only Development(s) building height shall be a maximum of thirty (30) feet and three (3) stories.
(Ord. 08-331 § 2 (part))
(Ord. No. 10-349, § 6, 4-27-2010)
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14.54.130 Design control (CRS/OAD).
A. Building Massing and Articulation.
1. Upper-story Step-backs, Front and Street Side.
a. The third story must be either stepped back a minimum five feet from the ground floor façade or embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.54.130.A.6. b. For buildings over three stories, the uppermost story must be embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, as allowed by standards in Section 14.54.130.A.6.
2. Vertical Articulation.
a. When a building façade exceeds fifty (50) feet in length along a right-of-way, it must be separated into primary façade bays no greater than fifty (50) feet and secondary façade bays defined by a recess a minimum three feet deep and ten (10) feet wide. b. A minimum one entrance shall be provided per primary façade bay. c. The eave/roof of a secondary façade bay shall be no higher than the corresponding elements of the primary façade bay.
3. Horizontal Articulation. New façades and façade modifications along a street or civic space shall be designed to visually express a base, middle, and top.
a. One or more of the following patterns shall be used to define the base:
i. Watertable: Base material extends from grade to between eight and fifty-four (54) inches above grade.
ii. Podium: The base material encompasses the lowest story (or stories) of the building, with or without mezzanine(s), and terminates in a sill, string course, or cornice at its upper bound (multi-story buildings only).
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iii. Watertable and Cornice/String Course: A watertable using the base material is combined with a cornice or string course at the lowest story's upper bound, including any mezzanine (multi-story buildings only).
b. The top of each building mass/bay shall be defined by elements spanning the full length of the façade of the mass/bay. Such elements may include a cornice, eave and/or gable(s), or other elements listed under Section 17.54.130.A.6. These elements shall be consistent with the overall architectural style of the building mass/bay.
4. Adjacencies.
a. Storefront Façades Adjacent to Storefront Façades.
i. The height of a storefront shall not differ from the height of any adjacent storefront by more than two feet.
ii. The height of ground story shall not differ from height of any adjacent ground story by more than two feet.
iii. Storefronts may transition in height using a module of twenty-five (25) feet in length along a right-of-way.
b. Compatibility with Adjacent Shorter Buildings with Height Difference of One Story or More. When adjacent to an existing shorter building with a height difference of one story or more, a proposed building must utilize two or more of the following strategies:
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i. Incorporate the uppermost floor into the roof form.
ii. Break the mass of the building into smaller modules through changes in wall plane, setbacks, and/or height.
iii. Match window heights and/or proportions.
iv. Relate roof cornices and moldings at floor lines.
5. Privacy and Line of Sight.
a. Primary living spaces and balconies located along a side setback shall orient principal windows and balconies toward the front and rear of the building. b. Where windows are within ten (10) feet of and oriented toward an interior side setback, glazing shall either be a minimum thirty (30) degree angle measured perpendicular to the adjacent side setback line, have minimum sill height of forty-two (42) inches, or be opaque. c. The maximum sill height for an ingress/egress window is forty-four (44) inches from finished floor.
6. Roofline and Roof Design.
a. Roof designs shall be limited to:
i. Hipped.
ii. Gable.
iii. Mansard.
(a) Applicable for buildings three or more stories.
iv. Dormer.
v. Parapet.
(a) When used on the first or second floor, a parapet longer than twenty-five (25) feet in length must include at least one but not more than two of the following design elements to break up the length of the parapet:
(1) Steps.
(2) Curves.
(3) Angled surfaces.
(b) The length of a parapet segment on the third floor and above may not exceed twenty-five (25) feet.
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b. When the top story is stepped back and embedded in a sloped roof form such as a mansard roof or a hipped and/or gabled roof with dormers, the floor below must (and other floors may) be stepped back to meet the slope of the top story.
c. Building façades facing an R-1 district must have a hipped or gable roof and may incorporate dormers.
d. Roofline/parapet at corners shall not exceed roofline/parapet of adjacent wallplanes by more than twenty-four (24) inches.
B. Building Design.
1. Façade Design.
a. Building façade must continue the pattern established by existing buildings in Downtown Los Altos by reinforcing the underlying maximum twenty-five (25) foot module along all street frontages through the use of the following techniques:
i. Building façades shall be arranged in an orderly composition of bays, defined by vertically aligned openings alternating horizontally with solid walls, columns, or other structural elements. The pattern shall be visually expressed through the spacing of openings, recesses, eaves, inset panels, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.
ii. The pattern may be shared between the ground floor and upper stories provided the ground floor exhibits enhanced detail or modulation.
iii. Residential façades shall incorporate at least one element that signals habitation, such as bay windows, or balconies.
iv. Non-glazed wall areas (blank walls) must be enhanced with architectural details, landscaping, and/or landscaped trellises or lattices.
b. At least two of the following strategies must be used in a manner that reinforces the maximum twenty-five (25) foot module:
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i. Change in roof parapet height or shape.
ii. Change in roof style.
iii. Change in materials palette.
iv. Change in building height, minimum eight-foot difference. v. Change in frontage type or change in details of shopfront frontage type if used. vi. Use of upper floor projections such as bay windows or balconies.
2. Ground Level Transparency. A minimum sixty (60) percent of commercial ground floor street-facing façades between two and seven feet in height shall be transparent window surface. Opaque, reflective, or dark tinted glass is not allowed.
3. Pedestrian-Scaled Entrances.
a. Building entrances must incorporate at least one of the following entry features. See Section
14.66.275 (Entrance Type Standards) for design standards applicable to each entrance type listed.
i. Shopfront
(a) Shopfronts more than twenty-five (25) feet in width must incorporate variations in bulkhead, awnings, materials and/or color to visually articulate the shopfront into modules not to exceed twenty-five (25) continuous feet. ii. Gallery
iii. Arcade with shopfront frontage.
b. Primary Entrance Location(s). Locate primary entrance on the front right-of-way. c. Corner Entrances. Chamfered corners must incorporate a building entrance. Any required entrances may be provided on the corner of the building assuming one of the intersecting sides is a primary frontage.
d. Street-facing Entries to Upper Floors. Street-facing entries to upper floors shall be equal in quality and detail to storefronts. This standard may be satisfied through two or more of the following:
i. Dedicated awning, canopy, or other roof element.
ii. Stairs with a single color applied to treads and a contrasting color or pattern applied to risers.
iii. Dedicated light fixture(s).
iv. Decorative street address numbers or tiles.
v. Plaque signs for upper-floor business tenants.
e. Entry Protection. Primary street-facing entrances shall be protected by a recess in the building frontage at least three feet deep or by a projection extending outward at least three feet 199
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measured horizontally from the entrance, and wide enough to clear the building entryway on both sides.
i. Protection may be coterminous with an accent element. ii. Protection may take the form of an extended eave, overhang, awning, door canopy, gallery, arcade frontage, or other element that provides shade and shelter from the elements.
iii. The lowest edge of a projecting awning or door canopy shall have a vertical clearance of no more than eight feet.
iv. Recessed entries shall differentiate pavement within the recess through the use of a dedicated paving material or pattern.
f. Accent elements demarcating building frontage, entrance, and common open space areas shall not exceed the height of the ground floor story. Roof elements are excepted.
4. Ground Floor Floor-to-Ceiling Height. Minimum twenty-four (24) inches taller than typical upper floor floor-to-ceiling height.
5. Interior Courtyard. Interior courtyards must be:
a. Partially visible from the street and linked to the street by a clear accessible path of travel. b. Enclosed on at least two sides by buildings.
c. Open to the sky (arbors and trellises are allowed).
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d. A minimum width of twenty (20) feet and a minimum area of four hundred (400) square feet.
6. Paseos. Paseos must be:
a. A minimum width of ten (10) feet for through-block paseos. b. A minimum width of four feet for entries to courtyards or individual single businesses.
C. Window Design.
1. Window frames, backbands, and sills.
a. All windows shall have a sill.
i. The sill shall extend horizontally beyond the window opening or frame/casing (if present) at each end.
ii. The sill shall be sloped toward the outside.
iii. The sill shall have a drip at its outer edge.
2. Vinyl are prohibited on façades visible from a right-of-way.
3. Tinted glass is not allowed.
D. Building Materials.
1. Primary shall mean fifty (50) percent or more of a façade surface area excluding transparent surfaces.
Permitted primary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco or EIFS not allowed). b. Siding (lap, vertical, or shingle).
i. All siding shall be wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum are not permitted.
c. Stone.
d. Brick.
2. Secondary shall mean less than fifty (50) percent of a façade surface area excluding transparent surfaces. Permitted secondary cladding materials are limited to:
a. Stucco (minimum two-coat stucco; synthetic stucco not allowed, EIFS not allowed). b. Siding (lap, vertical, or shingle).
i. All siding wood, composite wood, or cement fiberboard. ii. Wood siding shall be painted or stained.
iii. Vinyl and aluminum siding are not permitted.
c. Stone (watertable and building base only).
d. Brick (watertable and building base only).
e. Tile (for bulkheads below display windows and decorative accents only). f. Metal (matte finish or Cor-ten).
i. Ribbed metal, titanium, and mirrored finishes not allowed. 201
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g. Concrete masonry units (watertable and building base only, and not allowed on any façade facing a right-of-way or a single-family zone).
h. Concrete (watertable and building base only, board-form only, cast concrete not permitted).
E. Downtown Gateway. A downtown gateway is located at the intersection of Edith Avenue, State Street, and San Antonio Road.
1. Building design at gateway intersection shall include:
a. Façade lighting; and
b. Overhangs or sloped roof forms.
2. Ground-floor design at gateway intersections must address both street frontages through:
a. Entrances that are visible and directly accessible from both streets; b. Building transparency beyond the required minimum for the first fifteen (15) feet of building frontage from the corner;
c. Landscaped area with a minimum dimension of six feet; and d. A usable public space with pedestrian-scaled features.
F. Landscaping and Paving, and Pedestrian Amenities.
1. Landscaping must be placed on each side of a driveway at grade or in raised planters.
2. All paving located adjacent to a sidewalk must be textured (decorative or permeable).
3. A minimum seventy-five (75) percent of on-site paving material must be pervious/permeable.
4. Landscape elements shall be integrated with the building architecture, parking, and streetscape.
Recommended patterns shall include, but are not limited to:
a. Planters for flowers and shrubs within street frontage. b. Landscape buffers between parking spaces and building façades. c. Landscaping within and/or on walls adjacent to courtyards, open spaces, and setbacks. d. A publicly visible and accessible pedestrian amenity such as benches, a fountain, a rain garden, decorative paving, and/or public art.
5. See Sections 14.66.180 (Maintenance of Landscaped Areas) and 14.70.070 (Landscaped Strips) for additional landscaping standards.
G. Parking Design and Access.
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1. Where structured parking is provided, the parking area must be either:
a. "Lined" with ground floor non-residential uses at least thirty (30) feet deep as measured from the front façade; or
b. Designed such that the floor elevation is a minimum four vertical feet below the elevation of the adjacent sidewalk.
2. Visible structured parking must be screened from view from the right-of-way by at least one of the following features:
a. Regular punched openings designed to resemble windows of habitable spaces. b. Trellis/living wall.
c. Custom textured or decorative screening.
3. Entrances to Parking Facilities.
a. Controlled entrances to parking facilities (gates, doors, etc.) shall be located a minimum ten (10) feet from the back of sidewalk.
b. Entrances to parking facilities along a street frontage shall be separated by a minimum of forty (40) feet, excluding access to parking plazas.
c. Where possible, curb cuts serving adjacent parking facilities shall be shared. 203
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H. Site Circulation and Access.
1. A clearly defined, lighted and landscaped pedestrian route shall be provided between all parking areas and primary pedestrian entrance.
2. New development on abutting lots shall be designed to allow cross-access for internal pedestrian, bicycle, and vehicular circulation systems.
3. Bicycle racks shall be provided:
a. In or within fifty (50) feet of every parking area; and b. Within twenty (20) feet of at least one building entrance.
I. Service Areas and Screening.
1. Service areas must be located at the rear of lot or along a parking plaza.
2. Service areas must be enclosed in enclosures that are architecturally consistent with primary building in terms of materials, colors, and style.
J. Additional Design Standards. See Section 14.66.280 for additional design standards applicable to all residential mixed-use development in the CRS/OAD District. (Ord. 08-331 § 2 (part))
( Ord. No. 2021-478 , § 1, 9-14-2021)
14.54.140 Nonconforming use regulations (CRS/OAD).
(As provided in Chapter 14.66 of this title.)
(Ord. 08-331 § 2 (part))
14.54.150 Signs (CRS/OAD).
(As provided in Chapter 14.68 of this code.)
(Ord. 08-331 § 2 (part); Ord. No. 2015-414, § 12, 9-8-2015)
14.54.160 Fences (CRS/OAD).
(As provided in Chapter 14.72 of this title.)
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(Ord. 08-331 § 2 (part))
14.54.170 Restoration of nonconforming structures (CRS/OAD). (As provided in Chapter 14.66 of this title.)
(Ord. 08-331 § 2 (part))
14.54.180 Exceptions for public benefit (CRS/OAD).
A. To implement the downtown urban design plan, exceptions from the provisions of this chapter may be granted provided the following findings are made:
1. The granting of the exception will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the area;
2. The benefit to the city derived from granting the exception is an appropriate mitigation when considered against the cost to the developer;
3. The project and mitigation will result in a public benefit to the downtown; and
4. The resultant project and mitigation are consistent with the general plan and promote or accomplish objectives of the downtown urban design plan.
B. For the purposes of this chapter, exceptions may include, but are not limited to setbacks, on-site parking, and development or building standards.
(Ord. 08-331 § 2 (part))
(Ord. No. 10-349, § 7, 4-27-2010)
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Title 14 - ZONING
Chapter 14.80 USE PERMITS
Los Altos, California, Code of Ordinances Created: 2023-06-28 07:56:44 [EST] (Supp. No. 40, Update 2)
Chapter 14.80 USE PERMITS1
Sections:
14.80.010 Conditional uses.
Uses which are permitted in certain districts upon the granting of a use permit shall be deemed conditional uses. Such uses, because of their unusual characteristics, shall be given special consideration to the end that they be located properly with respect to the objectives of the zoning general plan, and municipal code and with respect to their effects upon surrounding properties. The specific conditions under which each such use is permitted shall be considered in the light of general public interests and the interests of persons residing or working in the vicinity of the use.
(Prior code § 10-2.2801)
14.80.020 Initial application review.
All applications filed with the community development services department in compliance with this zoning code shall be accompanied by the payment of a processing fee in such amount as established by resolution of the city council and initially processed as follows.
A. Review for completeness. The community development services director or their designee shall review all applications for completeness and accuracy before accepting them as complete. The determination of completeness shall be based on the city's list of required application contents as proscribed in the "submittal requirements" documents provided by the community development services department.
B. Notification of applicant. The community development director or their designee shall notify the applicant in writing within thirty (30) days of the filing of the application with the community development services department that either the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, as specified in the letter, shall be provided. If subsequent written comments from the community development services director or their designee identify deficiencies not initially raised within thirty (30) days of the filing of the application, then this subsequent letter will be considered the notification of incompleteness for the purposes of determining the application expiration date.
C. Appeals of administrative decisions. Determinations of incompleteness or denials of an extension request may be appealed to the city council pursuant to Chapter 1.12 (Appeals).
D. Expiration of application. If the applicant does not provide the information and materials necessary for a complete application within one hundred eighty (180) days after notification of incompleteness, the application shall be deemed expired. After expiration of the application or extension, if granted, a new application, including fees, plans, exhibits, and other materials will be required to commence processing of any project on the same property.
E.D. Extensions. The applicant may request, in writing, within the one hundred eighty (180) day time period, an extension of up to one hundred eighty (180) days to the community development services director
1Editor's note(s)—Ord. No. 2012-383, § 3, adopted May 22, 2012, changed all references to the "planning commission" within Ch. 14.80 to the "planning and transportation commission." 206
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or their designee. Approval of the extension is contingent on the applicant demonstrating that there are extenuating circumstances that have caused a delay in the submittal of the required information.
An application may only be granted an extension of time once.
F.E. Environmental information. After an application has been accepted as complete, the community development services director or their designee may require additional information as necessary for the project's environmental review.
(Ord. No. 2016-423 , § 11, 9-27-2016)
14.80.030 Public meeting notification requirements.
Notice of public meetings before the zoning administrator or planning commission and/or city council shall be given at least ten (10) days prior to the date of the meeting by all of the following methods:
A. Mailing of notices via first-class mail to all property owners within one thousand three hundred (1,0300) feet of the project site at the mailing address on record with the county assessor; and B. Mailing of notices via first-class mail to all commercial business tenants within one thousand three hundred (1,0300) feet of the project site at the addresses shown on the latest city business license records; and
C. Posting of a notice on the project site in accordance with the standards set by the community development services director or their designee; and
D. All meetings before the planning commission and/or city council conducted under this section, excluding study sessions, shall be noticed separately and conducted as public hearings and shall satisfy all notification requirements applicable to public hearings, including a notice published in a newspaper of general circulation within the city.
(Ord. 00-382 § 4: prior code § 10-2.2803; Ord. No. 2019-457 , § 4, 1-28-2020)
14.80.040 Hearings—Procedure.
At the public hearing the planning commission shall review the application and statements, plans, and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, and make the required findings particularly with respect to the issues set forth in Section 14.80.060 of this chapter on which the commission is required to make findings prior to transmitting its report to the council. (Prior code § 10-2.2804)
14.80.045 Authority of the Development Services Director. Hearings—Procedures for office and commercial districts.
In the event that a particular application or proposed use is determined to be sensitive in nature the development services director shall be authorized to require any application to be reviewed by the City Council.
Notwithstanding the provisions of Section 14.80.040 of this chapter, the planning commission shall be the decision-making body for conditional use permit applications in all OA and C districts for businesses proposed in existing structures. This section shall not apply to conditional use permit applications that are subject to the requirements of Chapter 14.78 of this title. All other applicable provisions of this chapter shall remain in effect. The 207
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action of the planning commission shall be final unless it is appealed in writing to the city council, and the appropriate fee is paid, within fifteen (15) days of the date of the action. (Ord. 07-312 § 11: Ord. 01-394 § 6; Ord. No. 2016-423 , § 12, 9-27-2016; Ord. No. 2019-457 , § 5, 1-28-2020)
14.80.050 Hearings—Procedures for personal wireless communication facilities.
A. Notwithstanding the provisions of Section 14.80.040 of this chapter, hearings for personal wireless services and facilities shall be conducted in accordance with the provisions of this chapter, except as follows:
1. Administrative review. The community development services director or their designee shall be the approving authority for all distributed, repeater, or microcell antenna systems and building-mounted antennas that comply with applicable zoning regulations.
2. Planning commission review. The planning commission shall be the approving authority for all monopole antennas that comply with applicable zoning regulations.
3. Planning commission and city council review. The planning commission and city council shall be the approving authority for all antennas that require a variance to the applicable zoning regulations.
B. Notice of public hearings shall be in accord with Sections 14.80.030(C) and (D) of this chapter. The action of the community development services director or their designee may be appealed to the planning commission. The action of the planning commission may be appealed to the city council. Actions of the community development services director or their designee and planning commission are final unless appealed in writing within fifteen fourteen (154) days of the date of action. (Ord. 06-304 § 2; Ord. 05-277 § 2; prior code § 10-2.2804.1; Ord. No. 2016-423 , § 1, 9-27-2016; Ord. No. 2019-457 , § 5, 1-28-2020)
14.80.060 FindingsCommission and council action.
The planning commission and council shall make a specific finding on each of the following issues may only approve a conditional use permit application upon making the following findings:
A. That the proposed location of the conditional use is desirable or essential to the public health, safety, comfort, convenience, prosperity, or welfare;
B. That the proposed location of the conditional use is in accordance with the objectives of the zoning plan as stated in Chapter 14.02 of this title;
C. That the proposed location of the conditional use, under the circumstances of the particular case, will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity; D. That the proposed conditional use will comply with the regulations prescribed for the district in which the site is located and the general provisions of Chapter 14.02; E. When the proposed conditional use and/or structure is located in the CRS District, the commission and council shall make a specific finding on each of the following issues:
1. That the proposed use and/or structure is in scale with the existing development and it enhances the unique village character of the CRS District; and
2. That the proposed use and/or structure will not cause degradation in the level of service of the streets and intersections within the CRS District;
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F. When the proposed conditional use is a flag lot, the commission and council shall make a specific finding on each of the following issues. Any negative findings may result in denial of the use permit or in conditions of approval which alter the minimum development standards, e.g., height, floor area, and setbacks, for the district in which the property is located.
1. That the size of the proposed flag lot is sufficient to mitigate development impacts and is compatible with the existing lots in the immediate neighborhood;
2. That the proposed flag lot will not result in unreasonable noise impacts for neighbors adjoining the access corridor;
3. That the proposed flag lot will not result in unreasonable privacy invasion or unreasonable massing as a result of building height;
4. That the proposed flag lot will not result in incompatible setbacks from neighboring properties;
5. That the allowed floor area ratio in accordance with district regulations will not result in adverse impacts on neighboring properties;
G. When the proposed conditional use is a large family day care home as defined by the California Health and Safety Code, the commission and council shall make a specific finding on each of the following issues:
1. That the day care home provides a minimum of four off-street parking spaces;
2. That the day care home provides staggered drop-off and pick-up times in order to minimize traffic impacts;
3. That the day care home provides noise mitigation measures in order to minimize the noise levels generated by outdoor play areas, and that children's outdoor play only occurs between the hours of 8:00 a.m. and 7:00 p.m.;
4. That the day care home is not located within one thousand five hundred (1,500) feet of another large family day care home, as measured following the street, or within five hundred (500) feet of another large family day care home as measured from any property line;
5. That the day care home is visually incidental and secondary to the residential use of the property;
6. That the day care home is the principal residence of the child care provider;
7. That if the day care home is located on a flag lot, that lot shall be a minimum of fifteen thousand (15,000) square feet;
H.F. When the proposed conditional use is a nonconforming ground floor office use, the planning and transportation commission and city council shall make one or more of the following findings:
1. That access to the space to be occupied can only be reached through another business;
2. That there is no direct frontage to the space to be occupied from the street or parking plaza; and/or
3. That the building to be occupied is constructed in such a manner that its conversion to retail is infeasible or would cause unreasonable economic hardship due to the type of construction, the structural remodeling required to convert to retail, lack of window display, or other constraint identified with the findings;
I.G. When a conditional use permit is required for a medical or dental office, or medical, dental or animal clinic or hospital, the planning and transportation commission shall make a specific finding that there is adequate on-site parking to support the facility, including staff, patients, visitors and other ancillary support services. This determination shall be based on a parking demand analysis prepared by a 209
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qualified professional and presented to the planning and transportation commission at a public hearing;
J. When conditional expansion in the LC/SPZ District is requested as provided for in Section 14.42.040, the commission and council shall make a specific finding on each of the following issues:
1. That the proposed construction is found to meet the specific purposes of the district pursuant to Section 14.42.020 of the Los Altos Municipal Code;
2. That the proposed square footage contributes to expansion potential pursuant to Section
14.42.040 of the Los Altos Municipal Code in the following order:
i. The square footage contributes to the permitted fifteen thousand (15,000) square foot new ground-level retail until such total square footage is achieved, at which time, ii. The square footage contributes to the permitted four thousand (4,000) square foot secondlevel retail services until such total square footage is achieved, at which time, iii. The square footage contributes to the permitted four thousand (4,000) square foot secondlevel office;
3. That the use occupying the proposed square footage builds upon the existing strengths of the Loyola Corners Neighborhood Commercial Center and adds business which is appropriate in terms of use, physical scale, and size of the site.
Notwithstanding the above findings, the planning and transportation commission and city council may find that a use which meets all code criteria may not be in the best interest of the Loyola Corners Commercial Neighborhood Center;
K. When an extension of time is requested for an office use in the LC/SPZ District as provided for in Section 14.42.030 of this chapter, the commission and council may in its sole discretion make a determination as to the length of the term, provided findings on each of the following issues can be made:
1. That there is a five percent or greater vacancy rate (excluding the space in question) in the LC/SPZ zoning district;
2. That the property owner has demonstrated to the satisfaction of the commission and council that the use has been economically beneficial to the Loyola Corners Neighborhood Commercial Center;
3. That the use has proven to be of a type that receives significant on-site clientele visitations;
4. That the use has maintained a pedestrian-friendly exterior by maintaining visual access into the building interior through windows which are not permanently blocked during business hours; and
5. That continuance of the use would not further move the area from an ideal cost/benefit ratio of seventy (70) percent retail and thirty (30) percent office which is determined necessary to: (i) provide a retail center whose function it is to provide retail services to the surrounding community; (ii) provide a lively, active, and diversified shopping experience; and (iii) ensure that a reasonable portion of the commercial activities are generating taxable retail sales. (Ord. 07-312 § 12; Ord. 05-294 § 4; Ord. 05-271 § 3; prior code § 10-2.2805) (Ord. No. 2015-406 , § 6, 2-10-2015)
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14.80.070 Appeals.
A. Within fifteen fourteen (145) days of any action on a use permit by the planning commission, the decision may be appealed to the city council by any interested party.
B. Within fifteen fourteen (145) days of any action (approval or denial) on a use permit by the planning commission may be called up for review by the city council if two members of the city council submit requests to the city clerk pursuant to Section 1.12.040. (Prior code § 10-2.2806; Ord. No. 2019-457 , § 6, 1-28-2020)
14.80.080 Revocation.
A use permit may be revoked by the planning commission and/or city council, or whichever body initially approved the permit, based upon a determination by the community development services director or their designee that the holder of the permit has failed to comply with any condition thereof or has violated any applicable provision of this chapter. The revocation procedure shall be the same as prescribed in this chapter for the initial use permit.
(Prior code § 10-2.2807)
(Ord. No. 2011-368, § 3, 7-26-2011; Ord. No. 2016-423 , § 1, 9-27-2016; Ord. No. 2019-457 , § 7, 1-28-2020)
14.80.090 New applications.
Following the denial of a use permit application or the revocation of a use permit by the planning commission or council, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six (6) months after the date of the denial or revocation of the use permit.
(Prior code § 10-2.2808; Ord. No. 2019-457 , § 8, 1-28-2020)
14.80.100 Expiration of use permit approval—Extensions.
A. Use permit approvals granted pursuant to this chapter shall expire twenty-four (24) months from the date on which the approval became effective, unless prior to such expiration date, a building permit is issued for the improvements constituting the subject of the use permit approval, and construction thereof is commenced and prosecuted diligently toward completion.
B. Use permit approvals may be extended for a period of time not exceeding twelve (12) months. The application for extension shall be filed prior to the expiration date and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the city council. Extensions of use permit approval are contingent on the community development services director or their designee finding that the project complies with all current zoning ordinance regulations. (Ord. 05-279 § 1: prior code § 10-2.2809; Ord. No. 2016-423 , § 1, 9-27-2016)
14.80.110 Modification of a use permit.
For modifications to an approved use permit, the planning commission shall be the decision-making body.
The action of the planning commission shall be final unless:
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A. It is appealed in writing to the city council, and the appropriate fee is paid, within fifteen fourteen (154) days of the date of the action; .
B. Two members of the city council submit requests to the city clerk pursuant to Section 1.12.040. (Ord. No. 2016-423 , § 13, 9-27-2016; Ord. No. 2019-457 , § 8, 1-28-2020) 212
Agenda Item # 4.
AGENDA REPORT SUMMARY
Meeting Date: September 26, 2023
Subject Confirmation of City Council Appointments to City Commissions and Committee Prepared by: Melissa Thurman, City Clerk
Approved by: Gabriel Engeland, City Manager
Attachment(s):
None
Background:
From early July to September 2023, the City of Los Altos held a recruitment for vacancies on various city commissions and committees. The recruitment was very successful, with the City Clerk’s office receiving 63 qualified applications for consideration.
On September 19, 2023, the City Council held a Special Meeting to conduct interview sessions with the applicants. At the conclusion of the interview sessions, the City Council each voted on provided ballots their choice of appointments to the Commissions and Committee. The final list of interviewed applicants per Commission and Committee is listed below, with the Council’s final appointments detailed.
Complete Streets Commission
2 vacancies for one 1-year term and one 2-year term
Alon Golan Scott J. Pietka
Wesley Helmholz Michael Holmen
Tony Li Robert Sutis
Joseph Luk Lou Wolner (written answers provided)
The City Council appointed Wesley Helmholz and Scott J. Pietka to the Complete Streets Commission.
Financial Commission
4 vacancies for four-year terms
Patrick Dupuis Jesse Zhang
Kristen Guggeis Stephen Chu (written answers provided)
Deepak Jain Francis Grillo (written answers provided)
Daniel Morris Sujoy Sagar (written answers provided)
Michelle Morris Ibrahim Bashir (written answers provided) Scott Ottoes
The City Council appointed Deepak Jain, Patrick Dupuis, Scott Ottoes and Jesse Zhang to the Financial Commission.
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Subject: Confirmation of City Council Appointments to City Commissions and Committee 09/26/23 Page 2
Library Commission
2 vacancies for four-year terms
Freddie Wheeler – Incumbent Monica Waldman
Sumita Chandra Jesse Zhang
Jennifer Martin Maya Bronicki (written answers provided) Michelle Morris Denise Welsh (written answers provided) Scott Ottoes Lou Wolner (written answers provided)
Brian Treco
The City Council appointed Michelle Morris to the Library Commission.
The Library Commission membership was recently changed by the City Council to move from a 7-member body to 5-members. With this appointment the Commission will have five members.
Joint Community Volunteer Service Awards Committee
3 vacancies for four-year terms
Laurel Iverson – Incumbent Sumita Chandra
The City Council appointed Laurel Iverson and Sumita Chandra to the Joint Community Volunteer Service Awards Committee.
Parks, Arts, Recreation & Cultural Commission
1 vacancy for four-year term
Dana Tasic – Incumbent Andrea Ramirez
Shradha Balakrishnan Yong Yeh – Incumbent (written answers provided) Daniel Morris Jim Allen (written answers provided)
Michelle Morris Ibrahim Bashir (written answers provided) Scott Ottoes Lou Wolner (written answers provided)
Kris Olson Victoria Wong (written answers provided)
Cyndel Podich
The City Council did not make an appointment to the Parks, Arts, Recreation & Cultural Commission.
The Parks, Arts, Recreation & Cultural Commission was recently created by merging the Parks & Recreation Commission with the Public Arts Commission. The membership of the Parks, Arts, Recreation & Cultural Commission was set to 7 members. Due to the merger of the Commissions there are currently 10 members on the Commission. With no appointment made to the Commission the total number of members is 7.
Senior Commission
1 vacancy for a 2-year term
Tony Li – Incumbent Robert Sutis
Artie Green Denise Welsh (written answers provided)
Kris Olson Lou Wolner (written answers provided)
The City Council appointed Kris Olson to the Senior Commission. 214
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Subject: Confirmation of City Council Appointments to City Commissions and Committee 09/26/23 Page 3
Fiscal Impact:
None
Environmental Review:
Not applicable
Staff Recommendation:
Approve the confirmation of the City Council appointments to City Commissions and Committee 215
Agenda Item # 5.
AGENDA REPORT SUMMARY
Meeting Date: September 26, 2023
Subject Council consideration of Vice Mayor Weinberg’s request to discuss remedial action regarding Planning Commissioner Kate Disney’s violation of the City’s Norms and policies
Prepared by: Jolie Houston, City Attorney
Reviewed by: Gabriel Engeland, City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Email dated September 8, 2023, to the Council from Commissioner Disney Initiated by:
Vice Mayor Weinberg, with Mayor Meadows and Councilmember Dailey supporting the agenda item.
Previous Council Consideration:
None
Fiscal Impact:
None
Environmental Review:
Not applicable
Policy Question(s) for Council Consideration:
Does the Council wish to remove or discipline Commissioner Disney? Summary/Background:
At the September 12, 2023, Council Meeting Councilmember Weinberg requested a future agenda item as follows:
“A discussion of remedial action regarding Planning Commissioner Kate Disney’s violation of the City’s Norms and policies.”
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Agenda Item # 6.
Subject: Council consideration of Vice Mayor Weinberg’s request to discuss remedial action regarding Planning Commissioner Kate Disney’s violation of the City’s Norms and policies
September 26, 2023 Page 2
It is at 3:59:07 at this link: https://www.losaltosca.gov/citycouncil/page/city-council-meeting170. They directed the City Attorney to draft “some kind of memo outlining what the violations were and what Councils options are should they decide to take action.” Commissioner Disney is currently in her first full term on the Planning Commission, which ends September 2026.
Discussion/Analysis:
On September 7, 2023, the Los Altos Planning Commission conducted a regular meeting. One of the items on the Commission’s agenda concerned the re-zoning of the City’s CN districts.
The re-zoning is an obligation of the City pursuant to the Housing Element Update adopted by the Council in January. With respect to proposed amendments to section 14.40 of the City’s Municipal Code (“LAMC”), the Planning Commission voted 4-1-2 (one recusal, one absent) in favor of recommending that the Council approve the amendments. Commissioner Disney was the only dissenting vote.
On September 8, 2023, Commissioner Disney sent an email to the City Council (Attachment A).
That email set forth the rationale for why Commissioner Disney opposed recommending that the Council approve the proposed amendments to § 14.40 of the LAMC. Commissioner Disney’s email appears to be written in her capacity as a Planning Commissioner since she expressly says that her goal is to explain her minority vote.
For the purposes of this report, her email may be problematic for the following reasons:
Commissioner Disney (a) did not support the majority of the Commission; and (b) requested Council to disregard the recommendation of the majority of the Planning Commission; and
Commissioner Disney formally and unilaterally requested that the Council task the Planning Commission with a new agenda item.
The Los Altos Commissions are governed by the Council Norms and Commission Handbook (CHB). The CHB and the LAMC, Chapter 2.08, provide that a commissioner is appointed by a majority of the Council and may be removed with, or without cause, by a majority of the Council. The Council has the discretion to remove, discipline or refer this matter to the Council Liaison (Council Norms, 4.5, 4.3).
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Agenda Item # 6.
Subject: Council consideration of Vice Mayor Weinberg’s request to discuss remedial action regarding Planning Commissioner Kate Disney’s violation of the City’s Norms and policies
September 26, 2023 Page 3
For purposes of the Council’s discussion, the following Council Norms, CHB and LAMC sections may be relevant because they pertain to the appointment and/or removal of a Commissioner:
“4.3 Commission Liaisons. To facilitate the exchange of information between the Council and its Commissions, the Mayor will at least annually make liaison appointments to the Commissions. These appointments shall be ratified by the Council.
Councilmembers shall respect the separation between policy making and advisory Commissions by: A) not attempting to lobby or influence Commissions on any item under their consideration; B) attending meetings of assigned Commissions, but not taking a position on an item before the Commission; C) not voting at the Commission’s meeting on any item; and D) assisting the Commission in scheduling recommendations to be heard by the Council.
If an issue arises regarding a member of any Commission, staff may work with the assigned Council Liaison to resolve the issue.” Council Norms, page 8. “4.5 Discipline or Removal of a Commissioner. Commissioners serve at the pleasure of the City Council. The City Council may discipline or remove a Commissioner at any time solely at the discretion of the Council. Any proposed removal can be with or without cause. A Councilmember who wishes to discipline or remove a Commissioner shall indicate their desire to place the discipline or removal on a future agenda at the end of a regular Council meeting. If three or more Councilmembers wish to agendize the discipline or removal of a certain Commissioner, the item will be placed on a Council agenda.” Council Norms, page 8.
“Terms, appointments, and vacancies.
A. Commissioners, with the exception of senior and youth commissioners, shall serve for a term of four years and may be reappointed to one additional four-year term. Terms shall be staggered and expire on the last day of March or September. A commissioner shall be appointed by a majority vote of the Council and may be removed prior to the expiration of his or her term by a majority vote of the Council, and such removal may be with or without cause.” LAMC 2.08.030.
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Agenda Item # 6.
Subject: Council consideration of Vice Mayor Weinberg’s request to discuss remedial action regarding Planning Commissioner Kate Disney’s violation of the City’s Norms and policies
September 26, 2023 Page 4
“Members are appointed by and serve at the pleasure of the City Council.” CHB, page 3. “Members of Commissions serve at the pleasure of the City Council. The City Council shall review members’ performance and fulfillment of Commission member obligations and may remove a member from a Commission based upon that review. The City Council may discipline or remove a Commissioner at any time solely at the discretion of the Council. Any proposed removal can be with or without cause. A Councilmember who wishes to discipline or remove a Commissioner shall indicate their desire to place the discipline or removal on a future agenda at the end of a regular Council meeting. If three or more Councilmembers wish to agendize the discipline or removal of a certain Commissioner, the item will be placed on a future Council agenda.” CHB, page 5.
For purposes of the Council’s discussion, the following CHB and LAMC sections may be relevant because they pertain to a Commissioner and his/her conduct regarding a Commission action:
“As appointees of the City Council, members of Commissions are public officials and are appointed to represent all residents of the City, not individual organizations or special interest groups. Care should be taken to ensure that viewpoints expressed as public officials are consistent with City Council policy and the position of the majority of the Commission. Minority opinions are allowed but Commissioners acting in the role of a Commissioner should support actions taken by a majority of the Commission.” CHB, page 2.
“Unless speaking as the official spokesperson for the commission at a City Council or other public forum, commissioners should begin all written or verbal comments with ‘I am a commissioner for the [insert commission name here], but I am speaking on behalf of myself and my own personal beliefs.’” CHB, page 2.
The CHB describes how a future agenda item may be added. “Adding items to a future agenda Commissioners may request that items be placed on a future agenda. This is done by requesting an item during the ‘Potential Future Agenda Items’ portion of the meeting or by emailing a request to the staff liaison. Requests must be for items that are under the purview of the Commission. One less than a majority of members is required to place an item on an agenda. The staff liaison will work with the 219
Agenda Item # 6.
Subject: Council consideration of Vice Mayor Weinberg’s request to discuss remedial action regarding Planning Commissioner Kate Disney’s violation of the City’s Norms and policies
September 26, 2023 Page 5
Chair to determine the best meeting to place an item on an agenda. Any background materials or information should be provided to the staff liaison for inclusion in the agenda packet. Future agenda items must be consistent with the Commission’s Approved Work Plan.” CHB, page 8.
Staff Recommendation:
Council may discuss and (a) determine whether to take remedial action against Commissioner Disney; and/or (b) give additional direction to staff (if any). 220
Agenda Item # 6.
Sept. 8, 2023
Dear Council Members,
Last night the PC voted 4-1 to recommend that Council approve the zoning ordinance amendments to Chapter 14.40 of the Los Altos Municipal Code. The amendments approved by the PC were proposed by staff to ensure that the City of Los Altos will comply with its 6th Cycle Housing Element Update.
Since only one council member attended last night and meeting minutes often do not capture the essence of discussions, I wanted to email the rationale for my “no” vote.
First, I support the programs of the 6th Cycle Housing Element with the objective of providing more housing development opportunities within Los Altos. Concerning the proposed amendments of Chapter
14.40 (the CN zone), I am concerned with the change that permits residential only developments. CN stands for commercial neighborhood and the CN districts within the City currently offer a mix of commercial uses comprised of retail and service.
Some of the proposed amendments in Chapter 14.40 address the following programs from the 6th Cycle Housing Element:
Program 3B: Modify Building Heights in mixed-use zoning districts. (…) The City will then evaluate and update the allowed heights in the commercial neighborhood (CN) District at minimum allowing an additional 10 feet and one story to maintain first floor commercial uses and accommodate residential uses on upper floors to be provided as mixed-use developments.
Program 3C: Remove the floor-to-area (FAR) restriction at Rancho Shopping Center and the Woodland Plaza.
(…) The City will create new development standards reflective of a mixed-use zone that requires both commercial and residential uses for the Rancho Shopping Center and the Woodland Plaza properties.
Rancho Shopping Center and the Woodland Plaza (Lucky) are very large lots compared to other CN parcels. It is unknown to me why a prior council placed a 35% FAR on these parcels but clearly the council in 1989 recognized these two parcels as different from other CN parcels.
Permitting residential only developments on these two very large parcels could obliterate all commercial uses within the district and could violate Programs 3B and 3C of our Housing Element, which state that the City will maintain mixed use with first floor commercial uses.
Finally, I am requesting that the City Council authorize the Planning Commission to study other ordinances, such as those concerning noise, light, fencing, and landscape/trees to ensure those ordinances are appropriate for the much more intensive developments that will now be allowed (pending the changes).
Kate Disney
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Agenda Item # 6.
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Agenda Item # 6.
AGENDA REPORT SUMMARY
Meeting Date: September 26, 2023
Subject CITIES ASSOCIATION OF SANTA CLARA COUNTY’S REQUEST FOR
APPROVAL OF JOINT POWERS AGREEMENT TO ESTABLISH THE
CITIES ASSOCIATION OF SANTA CLARA COUNTY JOINT POWERS
AGENCY
Approved by: Gabriel Engeland, City Manager
Attachment(s):
1. Cities Association of Santa Clara County (CASCC) Memo on Joint Powers Agreement Establishment
2. CASCC Proposed JPA
3. CASCC Proposed JPA Redlined Version
4. CASCC Responses to City Manager Questions
Initiated by:
Cities Association of Santa Clara County
Previous Council Consideration:
N/A
Fiscal Impact:
There is no current fiscal impact for this item. Fees (dues) for membership in the Cities Association of Santa Clara County were included in the current fiscal year budget.
Environmental Review:
Not applicable
Policy Question(s) for Council Consideration:
Does the City Council wish to establish the Cities Association of Santa Clara County as Joint Powers Authority?
Summary:
The Board of the Santa Clara County Cities Association voted to send the attached request to form a JPA to each member City for consideration.
Staff Recommendation:
223
Agenda Item # 7.
Subject: CITIES ASSOCIATION OF SANTA CLARA COUNTY’S REQUEST FOR
APPROVAL OF JOINT POWERS AGREEMENT TO ESTABLISH THE CITIES
ASSOCIATION OF SANTA CLARA COUNTY JOINT POWERS AGENCY
September 26, 2023 Page 2
Staff recommends the City Council discuss the proposal from the Cities Association and take the following actions:
1. Approve the proposed Joint Powers Agreement (“JPA”);
2. Delegate authority to the City Council’s Cities Association of Santa Clara County (“CASCC”) Board representative to report approval of the JPA at the CASCC Board of Directors (“CASCC Board”) Meeting and approve any non-substantive changes made at that Board Meeting without having to bring it back to Council for further action; and
3. Authorize the City Manager to execute the JPA.
Purpose
The CASCC has asked each member agency to consider the establishment of the Association as a Joint Powers Agreement.
Background
Please see attachment 1.
Discussion/Analysis
The discussion of the formation of the Cities Association as a JPA has been on-going for some time. Representatives from CASCC have met formally with the City Manager’s group during these discussions. The proposed JPA (attachment #2) has undergone many iterations (attachment #3) since initially being reviewed by the City Manager’s group on August 9, 2023. The questions asked by the City Manager’s group and responses from CASCC are included in attachment #4.
The City Council should consider the background information provided in attachment #1 from CASCC and determine if the establishment of a JPA is appropriate.
Recommendation
Staff recommends the City Council discuss the proposal from the Cities Association and take the following actions:
1. Approve the proposed Joint Powers Agreement (“JPA”);
2. Delegate authority to the City Council’s Cities Association of Santa Clara County (“CASCC”) Board representative to report approval of the JPA at the CASCC Board of Directors (“CASCC Board”) Meeting and approve any non-substantive changes made at that Board Meeting without having to bring it back to Council for further action; and
3. Authorize the City Manager to execute the JPA.
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Agenda Item # 7.
SUBJECT: CITIES ASSOCIATION OF SANTA CLARA COUNTY’S REQUEST FOR APPROVAL OF JOINT
POWERS AGREEMENT TO ESTABLISH THE CITIES ASSOCIATION OF SANTA CLARA
COUNTY JOINT POWERS AGENCY
BACKGROUND:
History of CASCC and JPA Discussions
Over thirty years ago, the cities and towns in Santa Clara County (“Member Agencies”) established the CASCC to improve cooperation on issues of common interest. The CASCC was intended to consolidate and maintain the functions and purposes of the Inter-City Council, the Santa Clara County Mayor’s Conference, and the City Selection Committee for Santa Clara County. In 1990, the cities and towns entered into an agreement to provide some structure and outline the purpose and function of the CASCC. In 2010, the CASCC adopted its bylaws. Currently, the CASCC is an unincorporated association.
As early as 2017, the CASCC began reviewing and considering the appropriate organizational structure for the CASCC. In August 2020, its Board of Directors unanimously voted to take the steps necessary to form a joint powers authority because it would provide a more formal and recognized structure for CASCC and clarity regarding tax status, governmental immunities, and potential liability of the Members. To form a joint powers authority, a JPA must be approved by the CASCC Board of Directors and then executed by each Member Agency that wishes to join the joint powers authority, which would be called the Cities Association of Santa Clara County Joint Powers Agency (“Agency”).
The CASCC conducted outreach and solicited input on the proposed draft JPA over the past two years.
The CASCC circulated a draft JPA to all City and Town Attorneys in the County for their review and input and incorporated significant changes into the agreement. The Acting Executive Director and the General Counsel at the time attended two virtual meetings with most of the Town or City Attorneys or Assistant City Attorneys on September 14 and September 28, 2022. The entire JPA was reviewed each time. A separate and additional meeting was held by the Santa Clara City Attorneys Roundtable on September 16, 2022, where the JPA was again reviewed.
CASCC representatives presented a draft JPA at the Santa Clara County City Managers Association (“SCCCMA”) meeting on October 12, 2022. Following that meeting, the City Managers submitted a list of 17 questions regarding the JPA to CASCC representatives. Due to changes in CASCC over the last year, including a new General Counsel and the rotation of new City Council Board representatives, the answers to those questions were not completed until August 2023. These responses were circulated to the SCCCMA members (see Attachment 2). On August 9, 2023, CASCC representatives again met with the SCCCMA to discuss the responses to the October 12, 2022, questions, and answers document, review the proposed JPA, and receive additional input. At the August 9, 2023, meeting, the CASCC representatives responded to the concerns raised by the City Managers and further edits were made to the draft JPA.
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Agenda Item # 7.
On September 14, 2023, the CASCC Board received the updated draft JPA that included edits that responded to comments of the City/Town Attorneys and City Managers. At the meeting, the CASCC Board heard the concerns raised by Board members and City Managers who attended the meeting, and it was confirmed that those concerns would be addressed in the JPA. The CASCC Board directed some additional changes be made to the draft JPA to clarify that the Agency would not hire employees and to provide some language permitting but not requiring the CASCC Board to appoint a working committee to review new initiatives and provide input. With these changes, the CASCC Board unanimously approved transmittal of the draft JPA to the City Councils for each of the proposed Member Agencies for their consideration.
BYLAWS:
The CASCC currently has bylaws that have governed its operations for several years. Upon formation of a JPA, the governing board would update these existing bylaws. In conjunction with the future bylaws for the Agency, the CASCC plans to prepare a personnel policy handbook which would include policies that apply to the organization’s independent contractors and Board members such as safetyrelated policies and a policy prohibiting discrimination, harassment, and retaliation. As part of this policy development, the Agency would identify which entity or resources would administer these rules (for example, General Counsel or a third-party entity).
OTHER ORGANIZATIONAL STRUCTURES CONSIDERED:
The CASCC previously considered both a 501(c)(4) nonprofit organization and a joint powers authority.
In 2020, the CASCC Board voted unanimously to create a joint powers authority based on factors such as time and cost of forming the new entity and the compatibility of the joint powers authority government structure with the goals and purpose of the CASCC. Between 2020 and 2022, events have transpired that have underscored the need for the indemnification, access to insurance and structure a joint powers authority can afford its members.
OVERVIEW OF THE PROPOSED AGREEMENT:
The JPA restates the same purposes expressed for the creation of the CASCC. Consistent with the Joint Exercise of Powers Act (Government Code section 6500 et seq.), the agreement defines the power and authority of the Agency. To address concerns raised by Member Agencies, the Agency would be specifically prohibited from acquiring real property, levying taxes, hiring employees or exercising any eminent domain power. The proposed JPA has also been modified to further restrict the authority of the Agency. (See Sections 6 and 7). The CASCC Executive Board would be replaced by an Executive Committee. The Executive Committee may only take on those powers approved by the Agency’s Board of Directors. For example, the Executive Committee is not permitted to authorize any investigations into the business of the Agency without the Board's approval.
Like the CASCC, the Agency would also be charged with administering the City Selection Committee (“CSC”), which involves establishment of the application process, scheduling and holding meetings for appointments to be made, keeping track of committee and board appointments, terms, and 226
Agenda Item # 7.
resignations, coordinating with the County Clerk and disseminating meeting minutes, and troubleshooting where necessary. The CSC is a state-mandated entity charged with making appointments to various regional and local boards and committees. Each city and town in Santa Clara County will continue to participate in the CSC even if the city or town is not a member of CASCC.
Appointments to the local boards and committees will be based on majority votes of the city/town CSC representatives.
Of note, the CASCC provides more benefits to its members beyond administering the CSC. The CASCC allows all 15 cities and towns in Santa Clara County to work together on regional issues, advocate at the county, regional and state levels, and provide a significant voice in policymaking in Sacramento.
The solid work of the CASCC has resulted in some notable achievements and benefits to our cities and towns. The single-use plastic bag ban ordinances passed by all 15 cities and towns originated with the CASCC, as did the Healthy Cities Dashboard in conjunction with Santa Clara County Department of Public Health. Other examples include delivery of county-wide symposia on timely and important topics such as housing and sustainability, providing technical assistance to city staff for Housing Element Updates through the Planning Collaborative, and providing feedback and endorsements for legislative bills under consideration. The CASCC is also a great way for representatives from the different cities to share ideas, create professional connections and collaborate on similar issues affecting all the cities and towns.
ADVANTAGES OF FORMING THE AGENCY:
1. As a governmental agency, the Agency would have access to insurance and risk pools that are not available to an unincorporated association.
2. The Agency may be a more attractive recipient of sponsorships and donations, potentially easing pressure on the budget and therefore on the Members (see Fiscal Impact section below).
3. The JPA clarifies liability issues and is drafted so that the entity indemnifies the members of the Agency.
4. The formation of the Agency would clarify the tax status of the organization.
FISCAL IMPACT:
Budget
FY24 covers the period from July 1, 2023, to June 30, 2024.
FY25 covers the period from July 1, 2024, to June 30, 2025.
1. The budget for FY25 has not yet been developed and therefore has not been presented to the CASCC Board for consideration. Under the current CASCC bylaws, the Executive Director will develop the FY25 budget for adoption by the Board at its April 11, 2024, board meeting. This budget will be developed with the same parameters as the FY24 budget, which are:
a) The CASCC budget is an operational budget-there are no separate line items for programs other than the Annual Membership Meeting and the Annual Holiday Party. The major expense in the budget is the payment of independent contractors, currently the Executive Director and the General Counsel (on an as-needed basis). 227
Agenda Item # 7.
b) The Executive Director will present a responsible budget in line with the current CASCC finances that would not exceed its resources.
2. There is no indication that the CASCC budget will increase solely because CASCC becomes the Agency.
a) Approval of any new programs or projects with budget impacts of $10,000 or greater requires approval of 2/3 of the Board of Directors and the financial resources to fund such a program or project. If there is not enough budget for said programs/projects, the Executive Director will advise the Board of such and will give the Board all relevant information to make an informed decision. Ultimately, the Board decides how to proceed financially. (See item 1.b above.)
b) It is anticipated that CASCC legal costs would be reduced after the adoption of a JPA.
Formation of the JPA was calculated as part of the FY24 budget and once the JPA formation is complete, the need for legal services would decrease. c) As a JPA, the CASCC will be eligible to receive sponsorships and donations to underwrite costs of programs and events. Every effort will be made to seek sponsorships and donations as this relieves the pressure on the budget.
Membership Dues
As has been the case over the past few years, the FY24 dues are based on the size of each Member Agency and the plan is to continue with this same approach. In addition, the Board has expressed a desire not to increase the membership dues in light of current economic conditions. Therefore, for the FY25 membership dues, the Executive Director intends to propose a budget to the CASCC Board (or Agency Board of Directors) that preserves the same dues structure as FY24 whereby each Member Agency will be asked to pay the same amount in dues as in FY24.
In the event not all 15 cities join the Agency, the budget proposal would preserve the same dues, but the Agency Board would be required to make some budget adjustments. The Executive Director would advise the Board on how the CASCC or Agency budget may be revised, providing all relevant information and data. Also, after FY25, it is anticipated that an annual CPI adjustment would be recommended.
228
Agenda Item # 7.
1 JOINT POWERS AGENCY AGREEMENT FOR CITIES ASSOCIATION OF SANTA CLARA COUNTY This Joint Powers Agreement (“Agreement” or “JPA”) for the Cities Association of Santa Clara County is entered into by and among the cities (“Members”), which are organized and existing under the Constitution and laws of the State of California in which public agencies are located in the County of Santa Clara, and upon approval and full execution of the Agreement, creates the Cities Association of Santa Clara County Joint Powers Agency (“Agency”).
RECITALS
WHEREAS, Articles 1 and 2, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permit two or more public agencies by agreement to jointly exercise powers common to the Members; and
WHEREAS, the public agency Members executing this JPA are cities or towns within the jurisdiction of the County of Santa Clara (“County”); and WHEREAS, the Cities Association of Santa Clara County has existed as an unincorporated association since 1990 and desires to formalize the relationship between its City and Town members and form a Joint Powers Agency in order to carry out activities for the good of all its Members; and WHEREAS, the Members executing this Agreement, desire to join together to create a separate Joint Powers Agency for the purpose of promoting cooperation among the Members; advocating for positive action; enhancing the quality of life for the residents of the County and their individual cities; and encouraging other joint and cooperative endeavors among the public agencies for their mutual benefit.
NOW, THEREFORE, the Parties agree to the following:
AGREEMENT
ARTICLE 1 - DEFINITIONS
1.1 “Associate Member” shall mean any non-city local agency, located within jurisdictional authority of the County of Santa Clara, and shall have duly executed and delivered to the Agency an Associate Membership Agreement in the form of and as further provided in the Bylaws of the Agency, as further provided in Article 32 herein.
1.2 “Agency” shall mean the Cities Association of Santa Clara County Joint Powers Agency created by this Agreement.
1.3 “Board of Directors” or “Board” shall mean the governing body of the Agency.
1.4 “Executive Committee” shall mean the Executive Committee of the Board of Directors of the Agency.
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Agenda Item # 7.
2 1.5 “Fiscal Year” shall mean that period of twelve (12) months which is established by the Board of Directors or the Bylaws as the fiscal year of the Agency, which shall run from July 1 to June 30 of each year.
1.6 “Government Code” shall mean the California Government Code, as amended.
1.7 “Joint Powers Law” shall mean Articles 1 and 2, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code, known as the Joint Exercise of Powers Act, as amended.
1.8 “Legislative Body” shall mean the legislative board of each Public Agency that is a Member of the Agency.
1.9 “Member” shall mean any city which has executed this Agreement and has become a member of the Agency. The complete list of Members is set forth in Exhibit “A” attached hereto and incorporated herein by this reference.
1.10 “Parties” shall mean Members or Associate Members who are party to this Agreement.
1.11 “Public Agency” shall mean public agency as defined in Government Code Section 6500, as amended.
1.12 Unless the context clearly requires otherwise, as used in this Agreement, words of the masculine, feminine or neutral gender shall be construed to include each other gender, when appropriate, and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Agreement and all the terms and provisions herein shall be construed to effectuate the purposes set forth and to sustain the validity of those purposes.
ARTICLE 2 - CREATION AND PURPOSES
2.1 This Agreement is entered into by the Members in order to:
2.1.1 Review, study, develop consensus positions, and take action on issues of interest to Members;
2.1.2 Focus on local and regional matters that are important to our future;
2.1.3 Develop a common agenda for Santa Clara County cities;
2.1.4 Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government;
2.1.5 Establish and administer the City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law;
2.1.6 Serve as a source of education, information, and networking for officials from all cities in Santa Clara County;
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Agenda Item # 7.
3 2.1.7 Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities;
2.1.8 Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members;
2.1.9 Strengthen the Members’ and Agency’s standing at the regional, State and Federal level;
2.1.10 Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County;
2.1.11 Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems;
2.1.12 Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and
2.1.13 Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes.
ARTICLE 3 - PARTIES TO AGREEMENT
Each Member, as a Party to this Agreement, intends to and does contract with all other Members as Parties to this Agreement and, with other Public Agencies as may later be added as Parties to this Agreement pursuant to the Joint Powers Law. The withdrawal of any party from this Agreement, pursuant to Article 20, shall not affect this Agreement or the remaining Members’ obligations.
ARTICLE 4 – FORMATION; TERM
This Agreement shall become effective when fully executed and returned to the Agency by at least eight (8) Members, but only as to those Members that have executed the Agreement. The Agency shall promptly notify all Members in writing of the effective date. After one full year after the initial formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal of Members and the membership level remains at below seven (7) Members for a period of at least one (1) year and a similar joint powers authority, with the same or similar powers and functions is formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name and permit the new organization to take on the name of the Agency. Notwithstanding the name change, this Agreement shall continue in effect until terminated as provided herein. The termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Agency shall not operate to terminate this Agreement with respect to the remaining Members.
ARTICLE 5 - CREATION OF THE AGENCY
Pursuant to the Joint Powers Law, there is hereby created a public entity, separate and apart from the Parties hereto, to be known as the “Cities Association of Santa Clara County Joint Powers 231
Agenda Item # 7.
4 Agency” with powers as are set forth herein. Upon formation of the Agency as described in Article 4, the Cities Association of Santa Clara County, an unincorporated association shall follow the process of dissolution and cease to exist.
ARTICLE 6 - POWERS OF THE AGENCY
6.1 Subject to the terms of this agreement, the Agency shall have all of the powers of a public agency as defined in the Government Code Section 6500 as amended and all additional powers set forth in the Joint Powers Law and other statutes applicable to the Joint Powers Agency created hereby and is authorized to do all acts necessary for the exercise of these powers on behalf of its Members. Powers include, but are not limited to, the following, in the Agency’s own name:
6.1.1 To make and enter into contracts;
6.1.2 To incur debts, liabilities, and obligations and to encumber personal property;
6.1.3 To acquire, hold, or dispose of personal property, contributions, and donations of personal property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities;
6.1.4 To sue and be sued in its own name, and to settle any claim against it;
6.1.5 To receive and use contributions and advances from Members as provided in Government Code Section 6504, as amended including contributions or advances of personnel and equipment;
6.1.6 To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5, as amended;
6.1.7 To acquire, construct, manage, maintain, or operate title to personal property, or rights, or any interest therein;
6.1.8 To retain the services of agents, contractors, and consultants;
6.1.9 To receive, collect, and disburse monies;
6.1.10 To conduct studies, tests, evaluations, and similar activities;
6.1.11 To contract for services from Members, including in-kind services;
6.1.12 To conduct public outreach and education;
6.1.13 To participate in pilot and demonstration projects;
6.1.14 To charge for services, programs, and/or systems;
6.1.15 To work with elected officials and local, regional, state, and federal agencies, including other joint powers agencies and unincorporated associations to pursue funding, enter agreements and otherwise carry out the purposes of the Agency; and 232
Agenda Item # 7.
5 6.1.16 Subject to this Agreement or the Bylaws of the Agency, and only as authorized by the Joint Powers Law, to exercise other reasonable and necessary powers in furtherance or support of any purpose of the Agency.
ARTICLE 7 - RESTRICTIONS ON POWERS
7.1 Pursuant to and to the extent required by Government Code Section 6509, as amended, the Agency shall be restricted in the exercise of its powers and shall exercise its powers in the same manner as the Town of Los Gatos is restricted in its exercise of similar powers; provided that, if the Town of Los Gatos shall cease to be a Member, then the Agency shall be restricted in the exercise of its power in the same manner as another Member agreed to by the majority of the Board of Directors. Unless expressly provided for, the Agency does not, by virtue of this Section or this Agreement, subject itself to the internal policies or ordinances of any Member.
7.2 The Agency shall not have the power of eminent domain.
7.3 The Agency shall not have the power of taxation. The Agency may not impose taxes but may receive the proceeds of taxes imposed by other entities or public funds from other entities.
7.4 The Agency shall not have the power to acquire, purchase, hold or dispose of real property.
7.5 The Agency shall not have the power to hire employees.
7.6 The Agency shall not have the power to issue debt.
ARTICLE 8 - BOARD OF DIRECTORS
8.1 The Agency shall be governed by the Board of Directors, which shall be composed of one Director representing each Member. Each Member’s Legislative Body, according to its own procedures, shall appoint a Member of the Legislative Body as a Director to represent the Member on the Board of Directors. The Director shall serve at the pleasure of their respective Legislative Body. The Legislative Body of each Member shall also appoint one alternate Director (“Alternate”) who shall participate in and vote at any meeting of the Board when the primary Director is absent. Any vacancy in a Director or Alternate position shall be filled by the appointing Member’s Legislative Body, subject to the provisions of this Article. Immediately upon admission of a new Member, the new Member shall be entitled and required to appoint a Director and one alternate Director. Every Director or Alternate shall be a Council Member or Mayor of their individual Member city.
8.2 A Director and/or Alternate shall be removed from the Board of Directors upon the occurrence of any one of the following events: (1) the Agency receives written notice from the appointing Member of the removal and/or replacement of the Director or Alternate; (2) the withdrawal of the Member from this Agreement; (3) the death or resignation of the Director or Alternate; (4) the Agency receives written notice from the Member that the Director or Alternate is no longer qualified as provided in the first paragraph of this Article 8; or as set forth in Article 21. 233
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6 8.3 The Board of Directors shall have the following powers and functions:
8.3.1 Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Agency, either directly or by delegation to other bodies or persons;
8.3.2 The Board shall elect an Executive Committee, as provided in Article 11;
8.3.3 The Board shall be the policy setting body of the Agency;
8.3.4 The Board shall appoint or retain the services of necessary agents, consultants, or independent contractors in accordance with Article 14;
8.3.5 The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Agency. Adoption of the budget may not be delegated. The Board shall adopt their budget no later than the first April 30th following formation and then subsequently by April 30th of each successive year. The Board shall review, set, and adopt annual dues to be funded by Agency Members;
8.3.6 The Board shall receive, review and act upon periodic reports and audits of the funds of the Agency, as required under Article 16 of this Agreement;
8.3.7 The Board may adopt policies regarding personnel, conflicts of interest and other matters necessary or convenient for the efficient operation of the Agency;
8.3.8 The Board shall adopt a set of priorities and work plan for each fiscal year; and
8.3.9 Subject to the terms of this Agreement, the Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Agency.
ARTICLE 9 – MEETINGS OF THE BOARD OF DIRECTORS
9.1 The Board of Directors shall hold at least one regular meeting each year. The Board of Directors shall fix by resolution, or in the Bylaws, the date, time, and location of each regular meeting.
The Board or Executive Director, in consultation with the President of the Board as provided in Article 10 below, may call special meetings.
9.2 Each meeting of the Board of Directors, including without limitation, regular, adjourned regular and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
9.3 The Agency shall require the Secretary/Treasurer or designee to take and maintain minutes of all regular, adjourned regular and special meetings. As soon as practicable after each meeting, the Secretary/Treasurer or designee shall forward to each Board Member, a copy of the minutes of the meeting.
9.4 A majority of the Members of the Board shall constitute a quorum for the transaction of business. Unless otherwise required by law, a vote of the majority of a quorum of the members 234
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7 present at a meeting is sufficient to take any action, unless otherwise specified in this Agreement. However, less than a quorum may adjourn the meeting to a future date.
9.5 Each Member of the Board shall have one vote.
ARTICLE 10 - OFFICERS
The Board shall elect as Officers of the Agency President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President at its first meeting. Thereafter, except as may be otherwise provided in the Bylaws of the Agency, the Board shall elect the President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President, at the November Board of Directors meeting, or the first meeting held on or after November 1 of each year.
Of the Officers, the President, and at least two other Officers, must also be members of the Board of Directors. The remaining Officers may be the elected or appointed Mayor or Council Member of any Member of the Agency regardless of whether they are on the Board of Directors. Each Officer shall assume the duties of his or her office upon election. If the President ceases to be a Member of the Board, the resulting vacancy shall be filled at the next meeting of the Board held after the vacancy occurs, or at a special meeting of the Board called to fill the vacancy. The President shall preside at and conduct all meetings of the Board. Should the Board President not be available then the highest-level Officer, who is a member of the Board of Directors, shall preside. If that individual is unavailable, then any Director appointed by the President may preside. The Board may appoint other officers as it considers necessary. The duties of the Secretary/Treasurer are set forth in Articles 16 and 17 of this Agreement. The Secretary/Treasurer shall be appointed by the Board of Directors and shall be eligible to serve as Secretary/Treasurer, as provided in the Joint Powers Law.
ARTICLE 11 - EXECUTIVE COMMITTEE
At such time as there are nine Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of three (3) Officers consisting of the President, First Vice President, and Secretary/Treasurer, which shall exist thereafter. At such time as there are 11 Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of five (5) Officers, with the addition of the Immediate Past President, which shall exist thereafter. Should the Immediate Past President no longer hold elected office then a Member at Large may be appointed by the Board to serve on the Executive Committee. The qualifications of the Member at Large are that they must be an elected or appointed Mayor or Council Member of a Member of the Agency but need not be on the Board of Directors. The terms of office of the Members of the Executive Committee shall be one year. The Executive Committee shall conduct the business of the Agency between meetings of the Board, exercising all those powers as provided for in this Article, or as otherwise delegated to it by the Board.
The Executive Committee, subject to approval by the Board of Directors, shall exercise all powers or duties of the Board relating to the entering, approval and execution of agreements, leases, and other instruments of or relating to the finances of the Joint Powers Agency within the previously 235
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8 approved annual budget or amended budget. The Executive Committee may have additional powers delegated to it by the Board, except for the adoption of the Agency’s annual budget. Any additional powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive Committee shall obtain approval from the Board before authorizing or conducting any investigations into the business of the Agency and before taking personnel action. These actions must be authorized by a majority vote of the Executive Committee. Each meeting of the Executive Committee shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
ARTICLE 12 - COMMITTEES
The Board may establish committees, as it deems appropriate to conduct the business of the Agency or it may, in the Bylaws or by resolution, delegate this power to the Executive Committee by Resolution. Members of committees, except as otherwise stated in this Agreement, shall be appointed by the President. Each committee shall have those duties as determined by whichever Agency body created it or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its chairperson and shall report to and be directed by whichever entity created it. No more than one representative from each jurisdiction shall serve on each committee. Membership of any committee may consist in whole or in part of persons who are not members of the Board; provided that the Board may delegate decision-making powers and duties only to a committee, a majority of the members of which are Board Members. Any committee, except the City Selection Committee, in which a majority of the members are not Board Members may function only in an advisory capacity. The Legislative Action Committee shall be a permanent Committee of the Agency chaired by the Second Vice President and whose members shall be appointed by the Agency Members. Should there be no Second Vice President, the Legislative Action Committee shall be chaired by the First Vice President. All standing committees shall abide by the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
ARTICLE 13 – CITY SELECTION COMMITTEE
The City Selection Committee is established pursuant to State law and the Agency shall administer the City Selection Committee as follows: The City Selection Committee shall be a permanent committee of the Agency, consisting of the Mayor of each City or Town, consistent with Government Code 50270, as amended. The Agency shall allow all cities in the County to participate in the City Selection Committee, whether or not they are members of the Agency.
ARTICLE 14 – PROFESSIONAL SERVICES
14.1 The Board of Directors may contract with individuals or companies to provide the following services at the pleasure of the Board of Directors:
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9 14.1.1 Executive Director. The Board shall contract with a consultant or independent contractor to fulfill the following duties of an Executive Director: manage the affairs of the Agency, subject to the general supervision and policy direction of the Board and the Executive Committee; oversee the day-to-day activities of the Agency; select and manage the activities of all consultants and independent contractors to the Agency; be responsible for required filings by the Agency with the State of California; prepare or delegate the preparation of all meeting notices, minutes, and required documentation of the Agency; prepare and propose an annual budget; prepare reports and recommendations for consideration by the Executive Committee or Board; be responsible for billing and collection of annual dues; maintain the records of the Agency; assist Local Agencies in the preparation and filing of applications for participation in the financing programs of the Agency; expedite the processing of these applications; pay all invoices, taxes and amounts due; and perform other duties as are assigned by the Board and Executive Committee. The Executive Director may have the authority to sign agreements, applications, and other documents on behalf the Agency, if authorized by the Board or Executive Committee. The Executive Director shall have the Authority to enter into individual Agreements with a single vendor over the course of a fiscal year, on behalf of the Agency, up to the amount set by the Bylaws.
14.1.2 General Counsel. The Board shall contract with a consultant, independent contractor, or law firm to fulfill the duties of General Legal Counsel. The General Counsel shall take direction from the majority of the Board of Directors. The General Counsel shall be a member in good standing of the California State Bar. The General Counsel shall be responsible for the legal affairs of the Agency;
14.1.3 Auditor. The Auditor shall be a Certified Public Accountant licensed to practice in the State of California. The Auditor will conduct annual financial audits of the Agency;
14.1.4 Other services. The Executive Director may hire additional consultants and independent contractors, as appropriate, based upon a previously approved budget;
14.1.5 The Agency shall not contract with or become a member of the California Public Employees Retirement System (“PERS”), nor shall any agent, consultant or independent contractor of the Agency become a member of PERS or be entitled to a pension or retirement from PERS as a result of service to the Agency; and
14.1.6 The consultants and independent contractors fulfilling the duties of Executive Director, the Auditor, the General Counsel and any other consultants or independent contractors who provide services to the Agency shall be compensated in such manner as shall be approved by the Board and as permitted by applicable law.
ARTICLE 15 - SIGNIFICANT PROGRAMS
If the Board desires to create significant programs or activities which will utilize substantial resources of the Agency, it shall do so by a vote of the Board. If the Board deems it necessary, it may 237
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10 appoint a working committee to study the significant program or activity and provide input to the Board. Substantial resources and significant program or activity shall be defined as any program or activity requiring $10,000 or more in annual expenditures; this amount shall be increased by the annual cost of living CPI index. Any new significant program or activity shall require a work plan and a two-thirds vote of the Members in order to be initiated. When a new significant program is intentionally designed to be limited in scope, such that it only provides benefits to particular Members, the Agency may enter into a specific program or project Agreement that includes relevant terms regarding the particular affected Members, and any such Agreement shall be approved by the Board prior to or at the same time as formation of the significant program. These limited scope Agreements shall be subject to approval by the Board by a two-thirds vote of the Members.
ARTICLE 16 - ACCOUNTS AND RECORDS
16.1 The Agency shall adopt an operating budget pursuant to Section 8.3.5 of Article 8 of this Agreement.
16.2 The Secretary/Treasurer of the Agency or the Executive Director shall establish and maintain funds and accounts as may be required by good accounting practices and by the Board. Books and records of the Agency shall be open to and made available for inspection at all reasonable times upon request by authorized representatives of the Members.
16.3 The Agency shall adhere to the standard of strict accountability for funds and report all receipts and disbursements as set forth in the Joint Powers Law.
16.4 Auditor’s Report. The Auditor, within one hundred and twenty (120) days after the close of each Fiscal Year, shall give a complete written report of all financial activities for the prior Fiscal Year to the Board.
16.5 The Agency shall either make or contract with a Certified Public Accountant to make an annual Fiscal Year audit of all accounts and records of the Agency, conforming in all respects with the requirements of the Joint Powers Law. A report of the audit shall be filed as a public record and be provided to each of the Members, and with the County Auditor of the County of Santa Clara.
Costs of the audit shall be considered a general expense of the Agency. Any costs of the audit shall be borne by the Agency and shall be a charge against any unencumbered funds of the Agency available for this purpose.
ARTICLE 17 - RESPONSIBILITIES FOR FUNDS AND PROPERTY
17.1 The Secretary/Treasurer, or his or her designee, shall have the custody of and disburse the Agency’s funds. Proceeds of similar obligations of the Agency may be deposited with a trustee, agent or other depositary and shall not be considered the Agency’s funds for purposes of this Article. The Secretary/Treasurer may delegate disbursements to persons as may be authorized by the Board or the Executive Committee to perform that function, subject to the requirements of Section 17.2 below.
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11 17.2 The Secretary/Treasurer or designee shall perform all functions then required to be performed by the Treasurer under the Joint Powers Law. The Secretary/Treasurer shall review the financial statements and the annual audit of the Agency.
17.3 Pursuant to Government Code Section 6505.1, as amended, the Executive Director, the Secretary/Treasurer, and other persons as the Board may designate, shall have charge of, handle, and have access to the property of the Agency. The Agency shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in a form specified by the Board of Directors, covering any officers or agents of the Agency who are authorized to hold or disburse funds of the Agency and any officers or agents who are authorized to have charge of, handle and have access to property of the Agency.
ARTICLE 18 - MEMBER RESPONSIBILITIES
18.1 Each Member shall have the following responsibilities:
18.1.1 To appoint its Director and Alternate to, or remove its Director and Alternate, from the Board, as set forth in Article 8;
18.1.2 To consider proposed amendments to this Agreement as set forth in Article 29;
18.1.3 To make contributions in the form of annual membership assessments and fees, if any, determined by the Board for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement; and
18.1.4 If a Member provides written notice to the Agency of its election to relinquish its status as a Member, or if a Member fails to be represented at four (4) or more consecutive regular meetings of the Board of Directors, then that Member may be deemed to be a suspended Member, with all the rights and duties of an Associate Member, upon action of the Board of Directors duly adopted. Prior to the suspension, the President shall contact the Mayor and request that another Council Member be appointed or that reinstatement for the current Member be requested. The suspension shall be approved by the Board of Directors. Promptly following that action by the Board of Directors, the Member may be reinstated by informing the Board of its intent to be reinstated within thirty (30) days and to attend all future meetings either via the Director or Alternate.
Removal of a Member for failure of the Director to attend meetings shall not relieve the Member from its obligations under any outstanding agreements relating to the Agency’s financial obligations, except in accordance with this Agreement.
ARTICLE 19 - NEW MEMBERS
With the approval of the Board, any city located within the County of Santa Clara may become a party as a Member to this Agreement. A city requesting membership shall apply by presenting to the Agency, a resolution of the Legislative Body of the City, evidencing its approval of this Agreement. The date that the applying city will become a Member will be determined by the Board. The Agency shall 239
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12 accept new Members upon a majority affirmative vote of the entire Board and upon payment of any Board determined assessments and fees.
ARTICLE 20 - WITHDRAWAL
A Member may terminate its membership in the Agency at any time upon giving one hundred and eighty (180) days written notice of withdrawal to the Agency. The notice shall be given to the Board of Directors. The effective date shall be the conclusion of the first Board Meeting which occurs after the one hundred and eighty (180) day notice period has passed. Any Member who withdraws shall remain obligated to pay its share of all debts, liabilities, and obligations incurred or accrued through the end of the current fiscal year of the Agency. The withdrawal does not in any way impair any contracts, resolutions, indentures, or other obligations of the Agency then in effect. In the event of a disagreement between the Agency and the withdrawing Member as to whether the withdrawal shall cause the impairment of any contracts, resolutions, indentures, or other obligations of the Agency, the determination shall be made by a majority vote of the Board of Directors. Any Member that withdraws and later seeks reinstatement to the Agency shall provide funds to the Agency, proportionate to their responsibility for the current fiscal year, as if the Member had never left the Agency. A withdrawing Member shall, in all events, remain liable for its proportionate share of: (i) its full amount of its proportionate share of the adopted fiscal year budget; (ii) any call for funds or assessment levied by the Agency prior to the date it provides its notice of withdrawal; (iii) any contribution in existence at the time of the notice of withdrawal.
ARTICLE 21 - REMOVAL
If the Board of Directors determines that reasonable cause exists to remove a Director from the Board, it can remove the Director and request that the Member who appointed the Director appoint a new Director. The Board may, by two-thirds majority vote of the entire Board, remove a Member based on a Member's breach of any material term of this Agreement, and the failure to cure that breach within sixty (60) days written notice. A terminated Member shall remain liable for any obligation under this Agreement as described above. Failure to pay dues within 60 days following notice shall result in a Member becoming suspended with all the rights of an Associate Member. A suspended Member shall immediately have its voting rights restored upon full payment of dues.
ARTICLE 22 - OBLIGATIONS OF AGENCY
The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the Members. Any Member may separately contract for, or assume responsibility for, specific debts, liabilities, or obligations of the Agency. Nothing in this Agreement shall be interpreted to limit the applicability of the provisions of Government Code Section 895.6. 240
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13 ARTICLE 23 - TERMINATION AND DISTRIBUTION OF ASSETS
This Agreement may be terminated at any time that no financial obligations of the Agency are outstanding, with the approval of two-thirds of the Members. Upon termination of this Agreement, all assets of the Agency shall, after payment of all unpaid costs, expenses and charges incurred under this Agreement, be distributed among the parties to this Agreement, in accordance with the respective contributions of each of the Parties.
ARTICLE 24 - LIABILITY OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS
24.1 The Members of the Board of Directors, Officers, and Committee Members of the Agency shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be individually liable for any mistake of judgment, or any other action made, taken, or omitted by them in good faith, nor for any act or omission by any agent, consultant or independent contractor selected with reasonable care, nor for loss incurred, resulting from any action made, taken, or omitted by them in good faith and with reasonable care through investment of Agency funds, or failure to invest.
24.2 No Director, Officer, or Committee Member shall be responsible for any act or omission of any other Director, Officer, or Committee Member. Unless otherwise required by law, no Director, Officer, or Committee Member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement.
24.3 The funds of the Agency shall be used to defend, indemnify, and hold harmless the Agency for any Director, Officer, or Committee Member, for their actions taken within the scope of the Agency. Nothing herein shall limit the right of the Agency to purchase insurance to provide coverage for these types of losses.
24.4 These indemnification and defense obligations shall survive the termination of the Agreement as to any acts or omissions occurring before such termination.
ARTICLE 25 - INDEMNIFICATION
To the fullest extent allowed by law, the Agency shall defend, indemnify, and save harmless the Members and their governing bodies, officers, agents and employees from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description directly or indirectly arising from the performance of any of the activities of the Agency or the activities undertaken pursuant to this Agreement.
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14 ARTICLE 26 - BYLAWS
The Board shall adopt Bylaws consistent with this Agreement which shall provide for the administration and management of the Agency. The provisions of the Bylaws, as modified from time to time, shall establish the operating procedures and standards for the Agency.
ARTICLE 27 - NOTICES
The Agency shall address notices, billings, and other communications to a Member as directed by that Member. Each Member shall provide the Agency with the email and physical address to which communications are to be sent. Members shall address notices and other communications to the Agency, at the office address of the Agency, or the email address of the Agency as directed by the Member and as set forth in the Bylaws.
ARTICLE 28 - CODES
The Agency shall adopt and observe a Code of Conduct and Conflict of Interest Policy. The Agency shall comply with all requirements of the Fair Political Practices Commission as required by law or regulation.
ARTICLE 29 - AMENDMENT
This Agreement may be amended at any time by vote of the Members, acting through their Legislative Bodies. Any amendment of this Agreement shall become effective upon receipt by the Agency of notice of the approval of the amendment by two thirds of the Legislative Bodies of the Members.
ARTICLE 30 - SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected.
ARTICLE 31 - PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member shall have any right, claim, or title to any part, share, interest, fund, or asset of the Agency. This Agreement shall be binding upon and shall inure to the benefit of successors of the Members. This Agreement is intended solely for the benefit of the 242
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15 Agency and its Members. No third party shall be deemed a beneficiary of this Agreement or have any rights against the Agency or its Members.
ARTICLE 32 - ASSOCIATE MEMBERS
Any Public Agency located within the jurisdictional authority of the County of Santa Clara may, with the approval of the Board of Directors, become an Associate Member of the Agency by executing and delivering to the Agency an Associate Membership Agreement and providing an Associate Membership fee and as further provided in the Bylaws. An Associate Member shall not be entitled to representation on the Board of Directors, or to vote on any matter coming before the Board of Directors or the Agency, unless a separate written agreement is entered into between the Associate Member and the Agency.
ARTICLE 33 - LIBERAL CONSTRUCTION
The provisions of this Agreement shall be liberally construed as necessary or reasonably convenient to achieve the purposes of the Agency.
ARTICLE 34 - NON-WAIVER
No waiver of the breach of default of any of the covenants, agreements, restrictions, or conditions of this Agreement by any Member shall be construed to be a waiver of any succeeding breach of the same or other covenants, restrictions, or conditions of this Agreement. No delay or omission of exercising any right, power, or remedy in the event of a breach or default shall be construed as a waiver or a variation of any of the terms of this Agreement or any applicable agreement.
ARTICLE 35 - REMEDIES FOR BREACH
If any Member shall default on any obligation contained in this Agreement, the default shall not excuse any other Member from fulfilling its respective obligations under this Agreement. Any Member shall be entitled to pursue all legal and equitable remedies against another Member in response to any alleged default under this Agreement. Any and all of the remedies provided to the Members, hereunder or by law now or hereafter enacted, are cumulative and the exercise of one right or remedy shall not impair the Members to any other remedy.
ARTICLE 36 - ARTICLE HEADINGS
All article headings are for reference only and are not intended to define or limit the scope of any provision of this Agreement.
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16 ARTICLE 37 - DISPUTE RESOLUTION
37.1 The Members agree that any dispute regarding the enforcement or interpretation of any term, covenant, or condition of this Agreement (“Dispute”) may first, for a period of not less than thirty (30) days, be submitted to mediation before a mutually acceptable mediator prior to initiation of litigation, or any other binding arbitration or adjudicative dispute resolution process. The Members shall: (i) mediate in good faith; (ii) exchange all documents which each believes to be relevant and material to the issue(s) in the Dispute; (iii) exchange written position papers stating their position on the Dispute and outlining the subject matter and substance of the anticipated testimony of persons having personal knowledge of the facts underlying the Dispute; and (iv) engage and cooperate in such further discovery as the Members agree or mediator suggests may be necessary to facilitate effective mediation.
37.2 Each Member shall bear its own costs, attorney’s fees, and expenses of the mediation. Venue of the mediation shall be a mutually agreeable city within Santa Clara County, California.
ARTICLE 38 – INSURANCE
If available, the Agency shall obtain insurance for all Members, appointed Members, and Committee Members, including, but not limited to, Directors and Officers liability insurance and general liability insurance containing policy limits in such amounts as the Board of Directors shall deem will be necessary to adequately insure against the risks of liability that may be incurred by the Agency.
Insurance under this provision may include an insurance pool program.
ARTICLE 39 - FILING WITH SECRETARY OF STATE
The Executive Director of the Agency shall file a notice of this Agreement with the office of the California Secretary of State within thirty (30) days of its effective date, as required by Government Code Section 6503.5, as amended and within seventy (70) days of its effective date as required by Government Code Section 53051, as amended.
ARTICLE 40 - COUNTERPARTS
This Agreement may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the Members hereto. Facsimile and electronic signatures shall be binding.
ARTICLE 41 - AGREEMENT COMPLETE
This Agreement constitutes the full and complete Agreement of the parties and supersedes any prior written Agreement between the Members on the same topic. 244
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September 20, 2023, Draft
1 JOINT POWERS AGENCY AGREEMENT DRAFT FOR CITIES ASSOCIATION OF SANTA
CLARA COUNTY
This Joint Powers Agreement (“Agreement” or “JPA”) for the Cities Association of Santa Clara County is entered into by and among the cities (“Members”), which are organized and existing under the Constitution and laws of the State of California in which public agencies are located in the County of Santa Clara, and upon approval and full execution of the Agreement, creates the Cities Association of Santa Clara County Joint Powers Agency (“Agency”).
RECITALS
WHEREAS, Articles 1 and 2, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permit two or more public agencies by agreement to jointly exercise powers common to the Members; and
WHEREAS, the public agency Members executing this JPA are cities or towns within the jurisdiction of the County of Santa Clara (“County”); and WHEREAS, the Cities Association of Santa Clara County has existed as an unincorporated association since 1990 and desires to formalize the relationship between its City and Town members and form a Joint Powers Agency in order to carry out activities for the good of all its Members; and WHEREAS, the Members executing this Agreement, desire to join together to create a separate Joint Powers Agency for the purpose of promoting cooperation among the Members; advocating for positive action; enhancing the quality of life for the residents of the County and their individual cities; and encouraging other joint and cooperative endeavors among the public agencies for their mutual benefit.
NOW, THEREFORE, the Parties agree to the following:
AGREEMENT
ARTICLE 1 - DEFINITIONS
1.1 “Associate Member” shall mean any non-city local agency, located within jurisdictional authority of the County of Santa Clara, and shall have duly executed and delivered to the Agency an Associate Membership Agreement in the form of and as further provided in the Bylaws of the Agency, as further provided in Article 32 herein.
1.2 “Agency” shall mean the Cities Association of Santa Clara County Joint Powers Agency created by this Agreement.
1.3 “Board of Directors” or “Board” shall mean the governing body of the Agency.
1.4 “Executive Committee” shall mean the Executive Committee of the Board of Directors of the Agency.
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2 1.5 “Fiscal Year” shall mean that period of twelve (12) months which is established by the Board of Directors or the Bylaws as the fiscal year of the Agency, which shall run from July 1 to June 30 of each year.
1.6 “Government Code” shall mean the California Government Code, as amended.
1.7 “Joint Powers Law” shall mean Articles 1 and 2, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code, known as the Joint Exercise of Powers Act, as amended.
1.8 “Legislative Body” shall mean the legislative board of each Public Agency that is a Member of the Agency.
1.9 “Member” shall mean any city which has executed this Agreement and has become a member of the Agency. The complete list of Members is set forth in Exhibit “A” attached hereto and incorporated herein by this reference.
1.10 “Parties” shall mean Members or Associate Members who are party to this Agreement.
1.11 “Public Agency” shall mean public agency as defined in Government Code Section 6500, as amended.
1.12 Unless the context clearly requires otherwise, as used in this Agreement, words of the masculine, feminine or neutral gender shall be construed to include each other gender, when appropriate, and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Agreement and all the terms and provisions herein shall be construed to effectuate the purposes set forth and to sustain the validity of those purposes.
ARTICLE 2 - CREATION AND PURPOSES
2.1 This Agreement is entered into by the Members in order to:
2.1.1 Review, study, develop consensus positions, and take action on issues of interest to Members;
2.1.2 Focus on local and regional matters that are important to our future;
2.1.3 Develop a common agenda for Santa Clara County cities;
2.1.4 Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government;
2.1.5 Establish and administer the City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law;
2.1.6 Serve as a source of education, information, and networking for officials from all cities in Santa Clara County;
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3 2.1.7 Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities;
2.1.8 Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members;
2.1.9 Strengthen the Members’ and Agency’s standing at the regional, State and Federal level;
2.1.10 Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County;
2.1.11 Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems;
2.1.12 Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and
2.1.13 Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes.
ARTICLE 3 - PARTIES TO AGREEMENT
Each Member, as a Party to this Agreement, intends to and does contract with all other Members as Parties to this Agreement and, with other Public Agencies as may later be added as Parties to this Agreement pursuant to the Joint Powers Law. The withdrawal of any party from this Agreement, pursuant to Article 20, shall not affect this Agreement or the remaining Members’ obligations.
ARTICLE 4 – FORMATION; TERM
This Agreement shall become effective when fully executed and returned to the Agency by at least eight (8) Members, but only as to those Members that have executed the Agreement. The Agency shall promptly notify all Members in writing of the effective date. After one full year after the initial formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal of Members and the membership level remains at below seven (7) Members for a period of at least one (1) year and a similar joint powers authority, with the same or similar powers and functions is formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name and permit the new organization to take on the name of the Agency. Notwithstanding the name change, this Agreement shall continue in effect until terminated as provided herein. The termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Agency shall not operate to terminate this Agreement with respect to the remaining Members.
ARTICLE 5 - CREATION OF THE AGENCY
Pursuant to the Joint Powers Law, there is hereby created a public entity, separate and apart from the Parties hereto, to be known as the “Cities Association of Santa Clara County Joint Powers 247
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4 Agency” with powers as are set forth herein. Upon formation of the Agency as described in Article 4, the Cities Association of Santa Clara County, an unincorporated association shall follow the process of dissolution and cease to exist.
ARTICLE 6 - POWERS OF THE AGENCY
6.1 Subject to the terms of this agreement, the Agency shall have all of the powers of a public agency as defined in the Government Code Section 6500 as amended and all additional powers set forth in the Joint Powers Law and other statutes applicable to the Joint Powers Agency created hereby and is authorized to do all acts necessary for the exercise of these powers on behalf of its Members. Powers include, but are not limited to, the following, in the Agency’s own name:
6.1.1 To make and enter into contracts;
6.1.2 To incur debts, liabilities, and obligations and to encumber personal property;
6.1.3 To acquire, hold, or dispose of personal property, contributions, and donations of personal property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities;
6.1.4 To sue and be sued in its own name, and to settle any claim against it;
6.1.5 To receive and use contributions and advances from Members as provided in Government Code Section 6504, as amended including contributions or advances of personnel and equipment;
6.1.6 To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5, as amended;
6.1.7 To acquire, construct, manage, maintain, or operate title to personal property, or rights, or any interest therein;
6.1.8 To retain the services of agents, contractors, and consultants;
6.1.9 To receive, collect, and disburse monies;
6.1.10 To conduct studies, tests, evaluations, and similar activities;
6.1.11 To contract for services from Members, including in-kind services;
6.1.12 To conduct public outreach and education;
6.1.13 To participate in pilot and demonstration projects;
6.1.14 To charge for services, programs, and/or systems;
6.1.15 To work with elected officials and local, regional, state, and federal agencies, including other joint powers agencies and unincorporated associations to pursue funding, enter agreements and otherwise carry out the purposes of the Agency; and 248
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5 6.1.16 In addition to the other powers provided herein, the Agency shall have any powers authorized by law to each of the Parties and separately to the Agency created herein relating to economic development, including, without limitation, the promotion of opportunities for the creation and retention of employment, the stimulation of economic activity, and the increase of the tax base, within the jurisdictions of the Parties; and
6.1.16 Subject to this Agreement or the Bylaws of the Agency, and only as authorized by the Joint Powers Law, to exercise other reasonable and necessary powers in furtherance or support of any purpose of the Agency.
ARTICLE 7 - RESTRICTIONS ON POWERS
7.1 Pursuant to and to the extent required by Government Code Section 6509, as amended, the Agency shall be restricted in the exercise of its powers and shall exercise its powers in the same manner as the Town of Los Gatos is restricted in its exercise of similar powers; provided that, if the Town of Los Gatos shall cease to be a Member, then the Agency shall be restricted in the exercise of its power in the same manner as another Member agreed to by the majority of the Board of Directors. Unless expressly provided for, the Agency does not, by virtue of this Section or this Agreement, subject itself to the internal policies or ordinances of any Member.
7.2 The Agency shall not have the power of eminent domain.
7.3 The Agency shall not have the power of taxation. The Agency may not impose taxes but may receive the proceeds of taxes imposed by other entities or public funds from other entities.
7.4 The Agency shall not have the power to acquire, purchase, hold or dispose of real property.
7.5 The Agency shall not have the power to hire employees.
7.6 The Agency shall not have the power to issue debt.
ARTICLE 8 - BOARD OF DIRECTORS
8.1 The Agency shall be governed by the Board of Directors, which shall be composed of one Director representing each Member. Each Member’s Legislative Body, according to its own procedures, shall appoint a Member of the Legislative Body as a Director to represent the Member on the Board of Directors. The Director shall serve at the pleasure of their respective Legislative Body. The Legislative Body of each Member shall also appoint one alternate Director (“Alternate”) who shall participate in and vote at any meeting of the Board when the primary Director is absent. Any vacancy in a Director or Alternate position shall be filled by the appointing Member’s Legislative Body, subject to the provisions of this Article. Immediately upon admission of a new Member, the new Member shall be entitled and required to appoint a 249
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6 Director and one alternate Director. Every Director or Alternate shall be a Council Member or Mayor of their individual Member city.
8.2 A Director and/or Alternate shall be removed from the Board of Directors upon the occurrence of any one of the following events: (1) the Agency receives written notice from the appointing Member of the removal and/or replacement of the Director or Alternate; (2) the withdrawal of the Member from this Agreement; (3) the death or resignation of the Director or Alternate; (4) the Agency receives written notice from the Member that the Director or Alternate is no longer qualified as provided in the first paragraph of this Article 8; or as set forth in Article 21.
8.3 The Board of Directors shall have the following powers and functions:
8.3.1 Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Agency, either directly or by delegation to other bodies or persons;
8.3.2 The Board shall elect an Executive Committee, as provided in Article 11;
8.3.3 The Board shall be the policy setting body of the Agency;
8.3.4 The Board shall appoint or retain the services of necessary agents, consultants, or independent contractors in accordance with Article 14;
8.3.5 The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Agency. Adoption of the budget may not be delegated. The Board shall adopt their budget no later than the first April 30th following formation and then subsequently by April 30th of each successive year. The Board shall review, set, and adopt annual dues to be funded by Agency Members;
8.3.6 The Board shall receive, review and act upon periodic reports and audits of the funds of the Agency, as required under Article 16 of this Agreement;
8.3.7 The Board may adopt policies regarding personnel, conflicts of interest and other matters necessary or convenient for the efficient operation of the Agency;
8.3.8 The Board shall adopt a set of priorities and work plan for each fiscal year; and
8.3.9 Subject to the terms of this Agreement, the Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Agency.
ARTICLE 9 – MEETINGS OF THE BOARD OF DIRECTORS
9.1 The Board of Directors shall hold at least one regular meeting each year. The Board of Directors shall fix by resolution, or in the Bylaws, the date, time, and location of each regular meeting.
The Board or Executive Director, in consultation with the President of the Board as provided in Article 10 below, may call special meetings.
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7 9.2 Each meeting of the Board of Directors, including without limitation, regular, adjourned regular and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
9.3 The Agency shall require the Secretary/Treasurer or designee to take and maintain minutes of all regular, adjourned regular and special meetings. As soon as practicable after each meeting, the Secretary/Treasurer or designee shall forward to each Board Member, a copy of the minutes of the meeting.
9.4 A majority of the Members of the Board shall constitute a quorum for the transaction of business. Unless otherwise required by law, a vote of the majority of a quorum of the members present at a meeting is sufficient to take any action, unless otherwise specified in this Agreement. However, less than a quorum may adjourn the meeting to a future date.
9.5 Each Member of the Board shall have one vote.
ARTICLE 10 - OFFICERS
The Board shall elect as Officers of the Agency President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President at its first meeting. Thereafter, except as may be otherwise provided in the Bylaws of the Agency, the Board shall elect the President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President, at the November Board of Directors meeting, or the first meeting held on or after November 1 of each year.
Of the Officers, the President, and at least two other Officers, must also be members of the Board of Directors. The remaining Officers may be the elected or appointed Mayor or Council Member of any Member of the Agency regardless of whether they are on the Board of Directors. Each Officer shall assume the duties of his or her office upon election. If the President ceases to be a Member of the Board, the resulting vacancy shall be filled at the next meeting of the Board held after the vacancy occurs, or at a special meeting of the Board called to fill the vacancy. The President shall preside at and conduct all meetings of the Board. Should the Board President not be available then the highest-level Officer, who is a member of the Board of Directors, shall preside. If that individual is unavailable, then any Director appointed by the President may preside. The Board may appoint other officers as it considers necessary. The duties of the Secretary/Treasurer are set forth in Articles 16 and 17 of this Agreement. The Secretary/Treasurer shall be appointed by the Board of Directors and shall be eligible to serve as Secretary/Treasurer, as provided in the Joint Powers Law.
ARTICLE 11 - EXECUTIVE COMMITTEE
At such time as there are nine Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of three (3) Officers consisting of the President, First Vice President, and Secretary/Treasurer, which shall exist thereafter. At such time as there are 11 Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of five (5) Officers, with the addition of the Immediate Past President, which shall exist thereafter. Should the Immediate Past President no longer hold elected office then a Member at Large 251
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8 may be appointed by the Board to serve on the Executive Committee. The qualifications of the Member at Large are that they must be an elected or appointed Mayor or Council Member of a Member of the Agency but need not be on the Board of Directors. The terms of office of the Members of the Executive Committee shall be one year. The Executive Committee shall conduct the business of the Agency between meetings of the Board, exercising all those powers as provided for in this Article, or as otherwise delegated to it by the Board.
The Executive Committee, subject to approval by the Board of Directors, shall exercise all powers or duties of the Board relating to the entering, approval and execution of agreements, leases, and other instruments of or relating to the finances of the Joint Powers Agency within the previously approved annual budget or amended budget. The Executive Committee may have additional powers delegated to it by the Board, except for the adoption of the Agency’s annual budget. Any additional powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive Committee shall obtain approval from the Board before authorizing or conducting any investigations into the business of the Agency and before taking personnel action. These actions must be authorized by a majority vote of the Executive Committee. Each meeting of the Executive Committee shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
ARTICLE 12 - COMMITTEES
The Board may establish committees, as it deems appropriate to conduct the business of the Agency or it may, in the Bylaws or by resolution, delegate this power to the Executive Committee by Resolution. Members of committees, except as otherwise stated in this Agreement, shall be appointed by the President. Each committee shall have those duties as determined by whichever Agency body created it or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its chairperson and shall report to and be directed by whichever entity created it. No more than one representative from each jurisdiction shall serve on each committee. Membership of any committee may consist in whole or in part of persons who are not members of the Board; provided that the Board may delegate decision-making powers and duties only to a committee, a majority of the members of which are Board Members. Any committee, except the City Selection Committee, in which a majority of the members are not Board Members may function only in an advisory capacity. The Legislative Action Committee shall be a permanent Committee of the Agency chaired by the Second Vice President and whose members shall be appointed by the Agency Members. Should there be no Second Vice President, the Legislative Action Committee shall be chaired by the First Vice President. All standing committees shall abide by the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.
ARTICLE 13 – CITY SELECTION COMMITTEE
The City Selection Committee is established pursuant to State law and the Agency shall administer the City Selection Committee as follows: The City Selection Committee shall be a permanent committee of the Agency, consisting of the Mayor of each City or Town, consistent with Government 252
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9 Code 50270, as amended. The Agency shall allow all cities in the County to participate in the City Selection Committee, whether or not they are members of the Agency.
ARTICLE 14 – PROFESSIONAL SERVICES
14.1 The Board of Directors may contract with individuals or companies to provide the following services at the pleasure of the Board of Directors:
14.1.1 Executive Director. The Board shall contract with a consultant or independent contractor to fulfill the following duties of an Executive Director: manage the affairs of the Agency, subject to the general supervision and policy direction of the Board and the Executive Committee; oversee the day-to-day activities of the Agency; select and manage the activities of all consultants and independent contractors to the Agency; be responsible for required filings by the Agency with the State of California; prepare or delegate the preparation of all meeting notices, minutes, and required documentation of the Agency; prepare and propose an annual budget; prepare reports and recommendations for consideration by the Executive Committee or Board; be responsible for billing and collection of annual dues; maintain the records of the Agency; assist Local Agencies in the preparation and filing of applications for participation in the financing programs of the Agency; expedite the processing of these applications; pay all invoices, taxes and amounts due; and perform other duties as are assigned by the Board and Executive Committee. The Executive Director may have the authority to sign agreements, applications, and other documents on behalf the Agency, if authorized by the Board or Executive Committee. The Executive Director shall have the Authority to enter into individual Agreements with a single vendor over the course of a fiscal year, on behalf of the Agency, up to the amount set by the Bylaws.
14.1.2 General Counsel. The Board shall contract with a consultant, independent contractor, or law firm to fulfill the duties of General Legal Counsel. The General Counsel shall take direction from the majority of the Board of Directors. The General Counsel shall be a member in good standing of the California State Bar. The General Counsel shall be responsible for the legal affairs of the Agency;
14.1.3 Auditor. The Auditor shall be a Certified Public Accountant licensed to practice in the State of California. The Auditor will conduct annual financial audits of the Agency;
14.1.4 Other services. The Executive Director may hire additional consultants and independent contractors, as appropriate, based upon a previously approved budget;
14.1.5 The Agency shall not contract with or become a member of the California Public Employees Retirement System (“PERS”), nor shall any agent, consultant or independent contractor of the Agency become a member of PERS or be entitled to a pension or retirement from PERS as a result of service to the Agency; and
14.1.6 The consultants and independent contractors fulfilling the duties of Executive Director, the Auditor, the General Counsel and any other consultants or independent contractors 253
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10 who provide services to the Agency shall be compensated in such manner as shall be approved by the Board and as permitted by applicable law.
ARTICLE 15 - SIGNIFICANT PROGRAMS
If the Board desires to create significant programs or activities which will utilize substantial resources of the Agency, it shall do so by a vote of the Board. If the Board deems it necessary, it may appoint a working committee to study the significant program or activity and provide input to the Board. Substantial resources and significant program or activity shall be defined as any program or activity requiring $10,000 or more in annual expenditures; this amount shall be increased by the annual cost of living CPI index. Any new significant program or activity shall require a work plan and a two-thirds vote of the Members in order to be initiated. When a new significant program is intentionally designed to be limited in scope, such that it only provides benefits to particular Members, the Agency may enter into a specific program or project Agreement that includes relevant terms regarding the particular affected Members, and any such Agreement shall be approved by the Board prior to or at the same time as formation of the significant program. These limited scope Agreements shall be subject to approval by the Board by a two-thirds vote of the Members.
ARTICLE 16 - ACCOUNTS AND RECORDS
16.1 The Agency shall adopt an operating budget pursuant to Section 8.3.5 of Article 8 of this Agreement.
16.2 The Secretary/Treasurer of the Agency or the Executive Director shall establish and maintain funds and accounts as may be required by good accounting practices and by the Board. Books and records of the Agency shall be open to and made available for inspection at all reasonable times upon request by authorized representatives of the Members.
16.3 The Agency shall adhere to the standard of strict accountability for funds and report all receipts and disbursements as set forth in the Joint Powers Law.
16.4 Auditor’s Report. The Auditor, within one hundred and twenty (120) days after the close of each Fiscal Year, shall give a complete written report of all financial activities for the prior Fiscal Year to the Board.
16.5 The Agency shall either make or contract with a Certified Public Accountant to make an annual Fiscal Year audit of all accounts and records of the Agency, conforming in all respects with the requirements of the Joint Powers Law. A report of the audit shall be filed as a public record and be provided to each of the Members, and with the County Auditor of the County of Santa Clara.
Costs of the audit shall be considered a general expense of the Agency. Any costs of the audit shall be borne by the Agency and shall be a charge against any unencumbered funds of the Agency available for this purpose.
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11 ARTICLE 17 - RESPONSIBILITIES FOR FUNDS AND PROPERTY
17.1 The Secretary/Treasurer, or his or her designee, shall have the custody of and disburse the Agency’s funds. Proceeds of similar obligations of the Agency may be deposited with a trustee, agent or other depositary and shall not be considered the Agency’s funds for purposes of this Article. The Secretary/Treasurer may delegate disbursements to persons as may be authorized by the Board or the Executive Committee to perform that function, subject to the requirements of Section 17.2 below.
17.2 The Secretary/Treasurer or designee shall perform all functions then required to be performed by the Treasurer under the Joint Powers Law. The Secretary/Treasurer shall review the financial statements and the annual audit of the Agency.
17.3 Pursuant to Government Code Section 6505.1, as amended, the Executive Director, the Secretary/Treasurer, and other persons as the Board may designate, shall have charge of, handle, and have access to the property of the Agency. The Agency shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in a form specified by the Board of Directors, covering any officers or agents of the Agency who are authorized to hold or disburse funds of the Agency and any officers or agents who are authorized to have charge of, handle and have access to property of the Agency.
ARTICLE 18 - MEMBER RESPONSIBILITIES
18.1 Each Member shall have the following responsibilities:
18.1.1 To appoint its Director and Alternate to, or remove its Director and Alternate, from the Board, as set forth in Article 8;
18.1.2 To consider proposed amendments to this Agreement as set forth in Article 29;
18.1.3 To make contributions in the form of annual membership assessments and fees, if any, determined by the Board for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement; and
18.1.4 If a Member provides written notice to the Agency of its election to relinquish its status as a Member, or if a Member fails to be represented at four (4) or more consecutive regular meetings of the Board of Directors, then that Member may be deemed to be a suspended Member, with all the rights and duties of an Associate Member, upon action of the Board of Directors duly adopted. Prior to the suspension, the President shall contact the Mayor and request that another Council Member be appointed or that reinstatement for the current Member be requested. The suspension shall be approved by the Board of Directors. Promptly following that action by the Board of Directors, the Member may be reinstated by informing the Board of its intent to be reinstated within thirty (30) days and to attend all future meetings either via the Director or Alternate.
Removal of a Member for failure of the Director to attend meetings shall not relieve the 255
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12 Member from its obligations under any outstanding agreements relating to the Agency’s financial obligations, except in accordance with this Agreement.
ARTICLE 19 - NEW MEMBERS
With the approval of the Board, any city located within the County of Santa Clara may become a party as a Member to this Agreement. A city requesting membership shall apply by presenting to the Agency, a resolution of the Legislative Body of the City, evidencing its approval of this Agreement. The date that the applying city will become a Member will be determined by the Board. The Agency shall accept new Members upon a majority affirmative vote of the entire Board and upon payment of any Board determined assessments and fees.
ARTICLE 20 - WITHDRAWAL
A Member may terminate its membership in the Agency at any time upon giving one hundred and eighty (180) days written notice of withdrawal to the Agency. The notice shall be given to the Board of Directors. The effective date shall be the conclusion of the first Board Meeting which occurs after the one hundred and eighty (180) day notice period has passed. Any Member who withdraws shall remain obligated to pay its share of all debts, liabilities, and obligations incurred or accrued through the end of the current fiscal year of the Agency. The withdrawal does not in any way impair any contracts, resolutions, indentures, or other obligations of the Agency then in effect. In the event of a disagreement between the Agency and the withdrawing Member as to whether the withdrawal shall cause the impairment of any contracts, resolutions, indentures, or other obligations of the Agency, the determination shall be made by a majority vote of the Board of Directors. Any Member that withdraws and later seeks reinstatement to the Agency shall provide funds to the Agency, proportionate to their responsibility for the current fiscal year, as if the Member had never left the Agency. A withdrawing Member shall, in all events, remain liable for its proportionate share of: (i) its full amount of its proportionate share of the adopted fiscal year budget; (ii) any call for funds or assessment levied by the Agency prior to the date it provides its notice of withdrawal; (iii) any contribution in existence at the time of the notice of withdrawal.
ARTICLE 21 - REMOVAL
If the Board of Directors determines that reasonable cause exists to remove a Director from the Board, it can remove the Director and request that the Member who appointed the Director appoint a new Director. The Board may, by two-thirds majority vote of the entire Board, remove a Member based on a Member's breach of any material term of this Agreement, and the failure to cure that breach within sixty (60) days written notice. A terminated Member shall remain liable for any obligation under this Agreement as described above. Failure to pay dues within 60 days following notice shall result in a Member becoming suspended with all the rights of an Associate Member. A suspended Member shall immediately have its voting rights restored upon full payment of dues. 256
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13 ARTICLE 22 - OBLIGATIONS OF AGENCY
The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the Members. Any Member may separately contract for, or assume responsibility for, specific debts, liabilities, or obligations of the Agency. Nothing in this Agreement shall be interpreted to limit the applicability of the provisions of Government Code Section 895.6.
ARTICLE 23 - TERMINATION AND DISTRIBUTION OF ASSETS
This Agreement may be terminated at any time that no financial obligations of the Agency are outstanding, with the approval of two-thirds of the Members. Upon termination of this Agreement, all assets of the Agency shall, after payment of all unpaid costs, expenses and charges incurred under this Agreement, be distributed among the parties to this Agreement, in accordance with the respective contributions of each of the Parties.
ARTICLE 24 - LIABILITY OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS
24.1 The Members of the Board of Directors, Officers, and Committee Members of the Agency shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be individually liable for any mistake of judgment, or any other action made, taken, or omitted by them in good faith, nor for any act or omission by any agent, consultant or independent contractor selected with reasonable care, nor for loss incurred, resulting from any action made, taken, or omitted by them in good faith and with reasonable care through investment of Agency funds, or failure to invest.
24.2 No Director, Officer, or Committee Member shall be responsible for any act or omission of any other Director, Officer, or Committee Member. Unless otherwise required by law, no Director, Officer, or Committee Member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement.
24.3 The funds of the Agency shall be used to defend, indemnify, and hold harmless the Agency for any Director, Officer, or Committee Member, for their actions taken within the scope of the Agency. Nothing herein shall limit the right of the Agency to purchase insurance to provide coverage for these types of losses.
24.4 These indemnification and defense obligations shall survive the termination of the Agreement as to any acts or omissions occurring before such termination.
ARTICLE 25 - INDEMNIFICATION
To the fullest extent allowed by law, the Agency shall defend, indemnify, and save harmless the Members and their governing bodies, officers, agents and employees from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description directly or indirectly arising from the 257
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14 performance of any of the activities of the Agency or the activities undertaken pursuant to this Agreement.
ARTICLE 26 - BYLAWS
The Board shall adopt Bylaws consistent with this Agreement which shall provide for the administration and management of the Agency. The provisions of the Bylaws, as modified from time to time, shall establish the operating procedures and standards for the Agency.
ARTICLE 27 - NOTICES
The Agency shall address notices, billings, and other communications to a Member as directed by that Member. Each Member shall provide the Agency with the email and physical address to which communications are to be sent. Members shall address notices and other communications to the Agency, at the office address of the Agency, or the email address of the Agency as directed by the Member and as set forth in the Bylaws.
ARTICLE 28 - CODES
The Agency shall adopt and observe a Code of Conduct and Conflict of Interest Policy. The Agency shall comply with all requirements of the Fair Political Practices Commission as required by law or regulation.
ARTICLE 29 - AMENDMENT
This Agreement may be amended at any time by vote of the Members, acting through their Legislative Bodies. Any amendment of this Agreement shall become effective upon receipt by the Agency of notice of the approval of the amendment by two thirds of the Legislative Bodies of the Members.
ARTICLE 30 - SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected.
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15 ARTICLE 31 - PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member shall have any right, claim, or title to any part, share, interest, fund, or asset of the Agency. This Agreement shall be binding upon and shall inure to the benefit of successors of the Members. This Agreement is intended solely for the benefit of the Agency and its Members. No third party shall be deemed a beneficiary of this Agreement or have any rights against the Agency or its Members.
ARTICLE 32 - ASSOCIATE MEMBERS
Any Public Agency located within the jurisdictional authority of the County of Santa Clara may, with the approval of the Board of Directors, become an Associate Member of the Agency by executing and delivering to the Agency an Associate Membership Agreement and providing an Associate Membership fee and as further provided in the Bylaws. An Associate Member shall not be entitled to representation on the Board of Directors, or to vote on any matter coming before the Board of Directors or the Agency, unless a separate written agreement is entered into between the Associate Member and the Agency.
ARTICLE 33 - LIBERAL CONSTRUCTION
The provisions of this Agreement shall be liberally construed as necessary or reasonably convenient to achieve the purposes of the Agency.
ARTICLE 34 - NON-WAIVER
No waiver of the breach of default of any of the covenants, agreements, restrictions, or conditions of this Agreement by any Member shall be construed to be a waiver of any succeeding breach of the same or other covenants, restrictions, or conditions of this Agreement. No delay or omission of exercising any right, power, or remedy in the event of a breach or default shall be construed as a waiver or a variation of any of the terms of this Agreement or any applicable agreement.
ARTICLE 35 - REMEDIES FOR BREACH
If any Member shall default on any obligation contained in this Agreement, the default shall not excuse any other Member from fulfilling its respective obligations under this Agreement. Any Member shall be entitled to pursue all legal and equitable remedies against another Member in response to any alleged default under this Agreement. Any and all of the remedies provided to the Members, hereunder or by law now or hereafter enacted, are cumulative and the exercise of one right or remedy shall not impair the Members to any other remedy.
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16 ARTICLE 36 - ARTICLE HEADINGS
All article headings are for reference only and are not intended to define or limit the scope of any provision of this Agreement.
ARTICLE 37 - DISPUTE RESOLUTION
37.1 The Members agree that any dispute regarding the enforcement or interpretation of any term, covenant, or condition of this Agreement (“Dispute”) may first, for a period of not less than thirty (30) days, be submitted to mediation before a mutually acceptable mediator prior to initiation of litigation, or any other binding arbitration or adjudicative dispute resolution process. The Members shall: (i) mediate in good faith; (ii) exchange all documents which each believes to be relevant and material to the issue(s) in the Dispute; (iii) exchange written position papers stating their position on the Dispute and outlining the subject matter and substance of the anticipated testimony of persons having personal knowledge of the facts underlying the Dispute; and (iv) engage and cooperate in such further discovery as the Members agree or mediator suggests may be necessary to facilitate effective mediation.
37.2 Each Member shall bear its own costs, attorney’s fees, and expenses of the mediation. Venue of the mediation shall be a mutually agreeable city within Santa Clara County, California.
ARTICLE 38 – INSURANCE
If available, the Agency shall obtain insurance for all Members, appointed Members, and Committee Members, including, but not limited to, Directors and Officers liability insurance and general liability insurance containing policy limits in such amounts as the Board of Directors shall deem will be necessary to adequately insure against the risks of liability that may be incurred by the Agency.
Insurance under this provision may include an insurance pool program.
ARTICLE 39 - FILING WITH SECRETARY OF STATE
The Executive Director of the Agency shall file a notice of this Agreement with the office of the California Secretary of State within thirty (30) days of its effective date, as required by Government Code Section 6503.5, as amended and within seventy (70) days of its effective date as required by Government Code Section 53051, as amended.
ARTICLE 40 - COUNTERPARTS
This Agreement may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as 260
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17 constituting one complete original and may be attached together when executed by the Members hereto. Facsimile and electronic signatures shall be binding.
ARTICLE 41 - AGREEMENT COMPLETE
This Agreement constitutes the full and complete Agreement of the parties and supersedes any prior written Agreement between the Members on the same topic. 261
Agenda Item # 7.
Answers to City Managers Questions re: Cities Association of Santa Clara County (“CASCC”) and Proposed Joint Powers Authority (“JPA”)
August 7, 2023
GENERAL
Question #1. a.: What do we want this organization to be? Answer #1. a.: The goals and purposes of the organization will not change. Here are the stated goals of the CASCC:
• To review, study, develop consensus positions, and recommend on issues of interest to Santa Clara County cities;
• To develop a common agenda for Santa Clara County cities; • To serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government, including the Peninsula Division of the League of California Cities;
• To serve as the City Selection Committee pursuant to Government Code section 50270 et seq. and make appointments to regional and local bodies as provided by law; • To assist in the development of state-wide legislative policy through the structure of the League of California Cities;
• To serve as a source of education, information, and networking for officials from all cities in Santa Clara County;
• To provide a forum for non-city individuals, groups and organizations, and the private sector to address items of interest to Santa Clara County cities.
And here are the stated purposes of the proposed JPA:
1. Review, study, develop consensus positions, and take action on issues of interest to Members;
2. Focus on local and regional matters that are important to our future;
3. Develop a common agenda for Santa Clara County cities;
4. Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government;
5. Establishthe City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law;
6. Serve as a source of education, information, and networking for officials from all cities in Santa Clara County;
7. Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities;
8. Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members;
9. Strengthen the Members’ and Agency’s standing at the regional, State and Federal level;
10. Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County;
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ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
2 11. Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems;
12. Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and
13. Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes.
Question #1. b.: What are the goals in forming this separate JPA as opposed to something less structured?
Answer #1. b.: Currently, the CASCC is an unincorporated association under the California Corporations Code. Since its creation, the member agencies have executed some agreements to provide a bit more structure to the association. In 1990, the CASCC’s member cities also entered into an agreement governing the operation of the organization, later amended on June 30, 1995. A copy of that Agreement is attached. As authorized by this Agreement, the CASCC has also adopted bylaws, available on the organization’s website. The existing Agreements set forth a structure that is similar to what a Joint Powers Agreement would establish for a JPA.
If the Cities Association becomes a JPA, neither the purpose nor the budget process would change. However, the JPA structure addresses concerns that have been raised about the CASCC such as liability and insurance. The JPA would have access to insurance that is not currently available. Governmental immunities would apply to the JPA that do not apply to an unincorporated association. A JPA would also clarify the tax status of the organization. The governance and organizational structure are also familiar to the members.
Question #1. c. How is forming the JPA furthering those goals.
Answer #1. c.: The most effective CASCC is one that is permanent, has governmental immunities to liabilities and employs an organizational structure that is both equitable and highly functional. Also, it will insulate the individual city/town members from future individual liability that an unincorporated association would arguably not do. The CASCC has accomplished much in the past and can accomplish many of the same programs and should the Board of Directors wish to, additional tasks with the new, permanent structure. In addition, the formation of a JPA eliminates potential tax issues as governmental entities are generally not subject to federal and State tax-related requirements.
Question #2: Are there better organizational forms such as public benefits corporation or nonprofit organization?
CASCC previously considered both a 501 (c) (4) non-profit social welfare organization and a JPA.
In 2020, the Board of Directors chose to pursue a JPA based on factors, such as the time and cost of forming the new entity and the compatibility of the JPA structure and membership of 263
Agenda Item # 7.
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
3 the association. Considering the events that have transpired since the Board of Directors made the decision in 2020, we are even more convinced the JPA structure is best suited to the needs of the CASCC for the reasons stated above and the fact that the CASCC members are elected Council members appointed by their respective agencies and the CASCC administers the Cities Selection Committee.
Question #3: What models/example joint powers agreements were used to develop the proposed CASCC JPA?
Answer #3: The proposed JPA was developed by the two prior General Counsels, including Gary Baum, and he utilized the following examples: Silicon Valley Regional Interoperability Authority JPA (click on JPA document link) https://svria.org/resources/documents/ Silicon Valley Animal Control Authority JPA (click on JPA link) https://www.svaca.com/about-us
Question #4: What issues, structural or otherwise, is the association facing that can only or uniquely be solved by the formation of a JPA?
The JPA would provide a governmental structure for the CASCC. As a JPA, the CASCC would have governmental immunities and the liability of its members would be clarified. The JPA would have also access to some risk pools that insure governmental entities. The JPA structure itself would create a backbone of organization by clearing setting forth the scope of the JPA’s authority.
See answer to Question 1c above.
Question #5: Are there examples of issues that the JPA can address, particularly that cannot be accomplished through a less formal structure?
See answers to Questions #3 and #4.
Collaboration amongst our cities is one of the key advantages of the CASCC, which helps to strengthen our region. It is noteworthy, that in a county as populous and diverse as Santa Clara County, our cities have been able to come together and have some notable successes that could only have happened through CASCC. For example, the work of the CASCC during the COVID-19 pandemic resulted in a stronger partnership with our County, paving the way for greater trust and collaboration in the future. In recognition of their hard work, the CASCC was awarded the President’s Medal for Exemplary Service During the COVID-19 Pandemic by the SCC Board of Supervisors. Also, our cities collectively implemented ordinances to ban single-use plastic bags in each of our cities. Perhaps one of the most timely advantages of the CASCC and JPA membership would be the ability to apply for regional and statewide grants, such as the 264
Agenda Item # 7.
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
4 multi-year Reagional Early Action Planning (REAP) Grant from ABAG. CASCC contracts with Community Planning Collaborative to lead this effort. Currently, all of our cities benefit from the technical assistance provided by the Planning Collaborative. Formed in October of 2019, the Santa Clara County Planning Collaborative is a shared effort among the county's jurisdictions to help address the region's housing challenges. The jurisdictions, by working together collaboratively, save money, time, and resources by sharing information and capacity; maintain & facilitate relationships with non-profits, affordable housing advocates, and key governmental organizations.
For cities that are part of the JPA, they would be able to participate in sessions with legislators and other councilmembers to benchmark and share ideas. They would also have the opportunity to vote and advocate on issues together with their fellow cities. During COVID, different groups were able to reach out to the Cities Association knowing they would be able to reach all 15 cities. Also, having a group with all 15 cities participating would complement the SCC City Managers and City Attorneys groups.
Question #6: The primary purpose or goal of the formation described today (10/12/22), was for all cities to continue to participate. If that is the case will the final document be able to be ratified without each of the cities consenting? The CASCC functions best when all cities and towns within the County are members. Each of the individual Council members who serve on the CASCC board will present the JPA to their respective agencies for approval with the goal of having all the current members cities and towns participate in the JPA. It is important to note that all cities and towns would continue to participate in the City Selection Committee (CSC) even if they are not members of the JPA.
Government Code Section 50270 designates the mayors of all cities and towns within the County to serve on the CSC. The purpose of the CSC is to appoint city representatives to boards, commissions, and agencies as required by law. In Santa Clara County, CASCC houses the CSC and takes responsibility for all the administrative tasks related to the CSC.
While it is the goal of the CASCC and the JPA process that all cities and towns become members, the JPA is drafted so that it becomes effective once eight members join. Should the number of members fall below 7 then Article 4 of the JPA would apply:
After one full year after the initial formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal of Members and the membership level remains at below seven (7) Members for a period of at least one (1) year and a similar JPA, with the same or similar powers and functions is formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name and permit the new organization to take on the name of the Agency. Notwithstanding 265
Agenda Item # 7.
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
5 the name change, this Agreement shall continue in effect until terminated as provided herein. The termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Agency shall not operate to terminate this Agreement with respect to the remaining Members.
Note, this provision was added at the request of the City/Town Attorneys all of which provided input into the final draft of the JPA.
FISCAL MANAGEMENT
Question #1: How will member agencies be able to review proposed annual budget and proposed assessments in advance of adoption by the JPA board? Answer: #1: Like the process set forth in the bylaws and the process followed by the SVRIA, section 8.3.5 of the JPA requires the Board of Directors to adopt its budget by April 30 of each year. This process is designed to ensure that city/town members can consider and incorporate any increase or decrease in their dues into their budget planning before they are required to adopt their own budgets. Only the Board of Directors may adopt the budget at a publicly noticed meeting, the Executive Committee may not adopt the budget. Notice of proposed budget figures will be sent to the City Managers in advance of any budget adoption meeting. If April 30 is too late for city/town budget planning, an alternative date of March 30 could be considered.
Question #2: Is it assumed that the dues structure/formula will be determined after approval of the JPA, or will this be established in advance of approval? Answer: #2: While the dues will be established after approval of the JPA, no significant increases are anticipated. The adoption of any dues structure or formula would need to be considered as part of the annual budget process. The dues’ structure and related provisions will be incorporated into the bylaws for the JPA. The CASCC will share information regarding its proposed budget and dues as soon as possible in each budget cycle, and will share with its member cities and towns, their elected officials, and city managers in a transparent manner.
The goal is to submit next year’s fiscal year budget, with the final Joint Powers Agreement, in December 2023.
Question #3: How will the JPA address disagreements on the dues structure, particularly if dues will increase with a JPA?
Answer #3: It is neither assumed nor anticipated that the dues will increase because of the change in organizational structure. It is anticipated that annual dues will increase to reflect cost 266
Agenda Item # 7.
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
6 of living increases. As set forth in the current bylaws, the Board adopts a budget every year in the same timeline as its member agencies and a majority vote is required to adopt a budget.
Question #4: Has the association considered CalPERS costs in a potential JPA? Answer#4: Yes, CASCC has considered this matter. CASSC obtains services from independent contractors and does not have employees. CalPERS membership is not mandatory for a JPA.
The JPA has been drafted to address this issue and specifically states the JPA will not contract with CalPERS. See JPA provision 14.1.5:
14.1.5 The Agency shall not contract with or become a member of the California Public Employees Retirement System (“PERS”), nor shall any employee of the Agency become a member of PERS or be entitled to a pension or retirement from PERS because of service to the Agency; and
In addition, the following change will be made to the JPA to address the issue:
14.1.6 The Agency shall not contract with or provide any pension to any employee of the Agency, nor shall any employee of the Agency be entitled to a pension or retirement Benefits, aside from Social Security as a result of service to the Agency.
Question #5: What is the extent of the Dissolution Plan and Tax Liability and who will be responsible?
Answer #5: The Dissolution Plan for CASCC has been discussed by the City/Town Attorney’s group and researched by a few of its members. A consensus on the approach to dissolution has been reached with the City/Town Attorney’s Group. Article 5 of the JPA it states: “Upon formation of the Agency as described in Article 4, the Cities Association of Santa Clara County, an unincorporated association shall follow the process of dissolution and cease to exist.” The CASCC will follow the procedure for dissolution set forth in California Corporations Code Section 18410. Upon approval of the JPA by eight Members, the current CASCC Board of Directors will pass a resolution following the Corporations Code procedure and transfer the assets and liabilities of CASCC. The City/Town Attorneys discussed the possibility of only transferring the assets and not the liabilities of CASCC. However, the consensus of this group was that this approach may be rejected by the courts so that path is not recommended and will not be followed.
PERSONNEL MANAGEMENT
Question #1: Who is responsible for evaluating the performance of the Executive Director, and taking any associated personnel action?
267
Agenda Item # 7.
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
7 Statement #1: Difficult personnel issues can occur in any organization. It is in everyone’s interest to establish a structure for handling such issues in advance of actual situations.
Response to Statement #1: Agreed.
Answer#1: The Executive Director provides services to CASCC as an independent contractor.
Only a majority of the Board of Directors may take action regarding the contract of the Executive Director or any performance evaluation process. The JPA will be modified to clarify this issue.
Just to reiterate from Question 4 above, all services provided to CASCC will be through independent contractors, not salaried employees.
DECISIONMAKING
Question #1: How will the JPA determine whether to pursue new initiatives, such as grants, that may not clearly exceed the $50,000 Significant Programs threshold? How will the JPA determine its ability to perform its associated responsibilities? Answer #1: The JPA at Article 15 Substantial Programs states:
If the Board desires to create significant programs or activities which will utilize substantial resources of the Agency, it shall do so by a vote of the Board. Substantial resources and significant program or activity shall be defined as any program or activity requiring $50,000 or more in annual expenditures, this amount shall be increased by the annual cost of living CPI index. Any new significant program or activity shall require a work plan and a twothirds vote of the Members in order to be initiated. When a new significant program is intentionally designed to be limited in scope, such that it only provides benefits to particular Members, the Agency may enter into specific program or project Agreement that includes relevant terms, by the particular affected Members and any such Agreement shall be approved by the Board prior to or at the same time as formation of the significant program. These Agreements shall be subject to approval by the Board of Directors by a two-thirds vote of the Members.
First and foremost, the JPA’s programs and activities will be limited to its available budget. If a new initiative or grant becomes available, the Board would discuss the level of interest at a public meeting and whether it should pursue it.
268
Agenda Item # 7.
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
8 Second, the CASCC also intends to amend this JPA provision to define a Substantial Program as as any program or activity requiring $10,000 or more (subject to CPI adjustments) - rather than $50,000 or more - in annual expenditures, in order to exercise greater fiscal oversight.
Statement #1: For example, the SVRIA JPA establishes a Working Committee with specified composition, that is responsible for recommending a budget, accepting grants, and awarding contracts, as well as recommending an Executive Director.
Response to Statement #1: The Executive Committee performs a similar role to that of SVRIA’s Working Committee, but its powers have been limited based upon input from the City Managers and City/Town Attorneys. Should the CASCC Board of Directors wish to create a new committee, such as the Working Committee with significant powers, the concept, scope, staffing and resources implications would need to be considered by the Board of Directors.
While SVRIA is a JPA model that was considered in the formation of the CASCC JPA, it should be noted that SVRIA’s annual budget exceeds $5 million (for FY 23 and beyond). By comparison, the CASCC annual budget is currently under $300K. Currently, it is sufficient for the Executive Committee to perform some, not all, functions of the SVRIA Working Committee. At some point in the future, the CASCC Board of Directors may consider formation of a Working Committee, and may choose to do so with input from the City Managers and/or the City Attorneys.
Question #2: How will the JPA determine its position and activities related to legislative advocacy? How will individual Director’s responsibility to the JPA be reconciled with positions of their respective agencies?
Answer #2:
Role of the Legislative Action Committee (“LAC”)
LAC advocates on behalf of all 15 cities on issues of mutual interest, provides legislative updates to cities, and organizes emergency responses to urgent issues. LAC acts as the convening body for all 15 cities to discuss and take positions on legislative bills, and local and state measures (“Bills/Measures”). The LAC meetings allow for collaboration, advocacy, and education. It allows the cities to delve into an issue and discuss how the issue may affect their cities. LAC is also guided by the Legislative Guiding Principles and the Housing Position Paper, which were both adopted by the Cities Association Board and aim to be representative of all 15 cities.
Benefit to cities from LAC
Cities benefit from the LAC in many ways. An organization consisting of 15 cities with over 1.9 million residents has a louder and more impactful and effective voice compared to each city advocating on its own behalf, especially smaller cities. Legislators have said repeatedly that they pay attention to the positions taken by the Cities Association. Legislators and local groups 269
Agenda Item # 7.
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
9 seek the Cities Association’s endorsement because they understand the importance and influence of an endorsement from the Cities Association.
LAC also provides an opportunity for legislators to present an idea for a potential Bill/Measure and solicit feedback on how such a Bill/Measure may impact cities, or what provisions would cities support/oppose. This is also a great opportunity for Cities to weigh in and give feedback to help shape a bill before it moves forward. Legislators/groups have also shared that it is much easier for them to come to Cities Association and reach all 15 cities at the same time than try to reach each Council individually. For many of the presentations, the legislators will attend the LAC meeting, which gives the cities face to face time with legislators.
Another benefit is LAC provides a forum for cities to learn from each other, hear different perspectives, and better understand the potential impact of a Bill/Measure. Often, this results in the cities being better informed on the pressing issues happening at the state and local levels.
Decision-making process for LAC
The LAC agenda normally consists of (1) an educational item whereby a legislator or group presents on a potential or new Bill/Measure, the intent being to educate and answer any questions representatives may have, or (2) a few Bills/Measures for discussion and action, to recommend a position to the Cities Association Board. It is the Board that makes the final decision on the Cities Association’s position on a particular Bill/Measure. Some cities have the same Councilmember serve on LAC and the Board, while others will have different Councilmembers serve on each body. Therefore, although the discussion and presentation at the Board level is not as in depth as the LAC meeting, sometimes the discussion and vote at the Board level are different from what happened at the LAC meeting.
LAC’s recommendation to the Board is based on what majority of the cities support. The practice is for the LAC Chair to communicate the recommended position to the full Board and include the minority position(s) or any concerns expressed during the discussion at the LAC meeting.
One of the ways the CASCC communicates its position on a particular Bill/Measure is to send a letter to the applicable body. In recent years, the CASCC has made an effort to include the concerns of the “minority position” in the letter, and advocate that certain bills carve out an exemption for smaller cities, recognizing that all 15 cities are unique, diverse and range from populations of a few thousand to one million people.
Every city has its own approach to how it votes on a Bill/Measure at a LAC meeting. Some cities will only vote on a Bill/Measure if their full Council has taken a position on the particular item.
Other cities will vote on the item if it aligns with a position taken on a similar issue by its Council. If an item is not controversial like housing, then most cities will vote on the item, even if their full Councils have not considered the item.
270
Agenda Item # 7.
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
10 How to make LAC even better
The CASCC Executive Committee has continued to identify ways to improve LAC because of the value it provides to the cities. Here are some things we are already considering, and we welcome any suggestions you may have:
-Need staff support to be better prepared for LAC meetings. This work can be time consuming as it requires analyzing bills, researching the support and oppose positions and legislative history, and tracking the status of the Bill/Measure. To date, this work has fallen to the LAC Chair, CASCC Executive Director, and/or the Board President’s staff. If cities, like San Jose, are willing to share their legislative staff with the CASCC, at no cost, it is worth exploring, provided the work is objective and does not reflect the position of that city. -Continue to do a better job of including the minority voices in our advocacy and any unique impacts to smaller cities.
-Provide a LAC calendar at the beginning of the year that gives dates when LAC will be considering certain bills to give cities an opportunity to have their Councils take a position on the bill before it goes to LAC.
-Have cities suggest bills they want LAC to consider.
-Continue to have the Board members report back to their Councils and City Managers on the impactful and valuable work the CASCC is doing.
Question #3: How does the organization work if/when not all cities join? If not all or enough members join, how does the association act as the appointing body for various regional commissions.
Answer #3: The Agency will be formed once eight cities/towns approve the JPA (See JPA Article 8). The participating members would meet and operate as a JPA. Given Government Code provisions governing the CSC, all cities are permitted to participate in these Committee meetings and the appointment process even if they are not members of the JPA (See JPA Article 13). The JPA would continue to administer the CSC.
At the request of the City/Town Attorneys provisions were added to Article 8 that after one year of formation should membership fall to less than seven members for a period of one year that the Agency is required to release the CASCC name to a new JPA should one be formed. On a related note, the Executive Committee is not activated until there are nine members, and it will then consist of three members, in order to address any potential ties in voting. If the JPA 271
Agenda Item # 7.
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
11 has eleven or more members, the Executive Committee would then consist of five members (See JPA Article 11). The CASCC intends to amend JPA Article 11 to capture this approach.
For cities that are part of the JPA, they would be able to participate in sessions with legislators and other councilmembers to benchmark and share ideas. They would also have the opportunity to vote and advocate on issues together with their fellow cities. During COVID, different groups were able to reach out to the Cities Association knowing they would be able to reach all 15 cities. Also, having a group with all 15 cities participating would complement the SCC City Managers and City Attorneys groups.
Question #4: Does the proposed power of the executive committee have the potential to allow the executive board to make decisions at the expense of some or all of the members? Answer #4: The proposed JPA has been drafted to address concerns regarding the authority of the Executive Committee (formerly known as the “Executive Board”). Additional changes will be made to the JPA to clarify that the Executive Committee cannot make personnel decisions and that new powers can only be vested in the Executive Committee following a vote of the Board of Directors on the issue. The Executive Committee will not have the authority to make personnel decisions or decisions related to the contract for the Executive Director.
The JPA currently reads as follows: at Article 11: “The Executive Committee may have additional powers delegated to it by the Board, except for the adoption of the Agency’s annual budget.
Any additional powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive Committee shall provide notice to the Board before authorizing or conducting any investigations into the business of the Agency and before taking personnel action. These actions must be authorized by a majority vote of the Executive Committee.” The reference to personnel action will be removed and the Executive Committee will be prohibited from taking any personnel actions.
Question #5 What is a situation where the association would need to issue debt, purchase land, or hire or terminate multiple employees?
Answer#5: The provisions authorizing the JPA to issue debt or purchase land will be removed.
It is unknown whether the Agency would ever need to hire or terminate an employee, but those decisions would be made by the Board of Directors and memorialized in a budget adopted by the Board of Directors, not the Executive Committee. (See answer to PERSONNEL MANAGEMENT #1)
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Agenda Item # 7.
City of Los Altos 2023 Tentative Council Agenda Calendar All items and dates are tentative and subject to change unless a specific date has been noticed for a legally required Public Hearing.
Items may be added or removed from the shown date at any time and for any reason prior to the publication of the agenda.
October 10, 2023
Closed Session: TBD
Study Session: TBD
AGENDA TITLE: DEPARTMENT:
SPECIAL ITEMS:
Recognition of Outgoing Commissioners Clerk
Swearing-In of Incoming Commissioners Clerk
CONSENT:
Record the Parcel Map of 705 Vista Grande Ave Dev. Svcs.
PUBLIC HEARING:
DISCUSSION ITEMS:
Special Event Ordinance CM
October 24, 2023
Closed Session: TBD
Study Session: TBD
AGENDA TITLE: DEPARTMENT:
CONSENT:
Treasury Report Finance
Award a Contractor Service Agreement for Annual Street Sweeping PW Root Foaming Purchase PW
PUBLIC HEARING:
DISCUSSION ITEMS:
Remaining 2023 City Council agenda calendar items are pending and will be published at a later date. 273
Agenda Item # 8.
PROGRAM SUB PROJECT INITIATION DATE HEU COMPLETION DATE STATUS Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
Budget & Hire Planning
Technician December 31, 2022 COMPLETED
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
Amend ADU Ordinance
based upon HCD's letter 6 months or less
Program 3.H: Amend design review process and
requirements.
Eliminate 3rd Party
Architectural Review February 28, 2023 COMPLETED
Program 3.H: Amend design review process and
requirements.
Dismiss Design Review
Commission February 28, 2023 COMPLETED
Program 3.L: Eliminate the requirement of story poles. March 31, 2023 COMPLETED Program 2.E: Conduct annual ADU rental income surveys.
Budget & Hire Housing
Manager March 31, 2023 IN-PROGRESS
Program 4.J: Facilitate alternate modes of transportation for Adopt VMT Policy & June 30, 2023 COMPLETED Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
RFP-Permit Ready ADU
Plans July 31, 2023
PLANS IN
DEVELOPMENT
Program 1.H: Facilitate housing on City-owned sites. Financial Analysis July 1, 2023 December 31, 2023 DEVELOPING RFP Program 3.D: Evaluate and adjust impact fees. August 1, 2023 December 31, 2024 IN-PROGRESS Program 1.H: Facilitate housing on City-owned sites. Release RFP December 31, 2023 Program 6.C: Target housing development in highest
resource areas. Initial Outreach September 31, 2023
Program 6.D: Promote Housing Choice (Section 8) rental
assistance program. September 31, 2023
Program 2.A: Continue to implement and enhance
inclusionary housing requirements. December 31, 2023 IN-PROGRESS Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Housing in-lieu fee. December 31, 2023 IN-PROGRESS Program 2.F: Water and Sewer Service Providers. December 31, 2023 COMPLETED Program 3.B: Modify building height in mixed-use zoning districts. Downtown Districts December 31, 2023 IN-PROGRESS Program 3.E: Ensure that the density bonus ordinance
remains consistent with State law. December 31, 2023 ONGOING Program 3.H: Amend design review process and
requirements. Code Amendments December 31, 2023 COMPLETED 274
Agenda Item # 8.
Program 3.K: Standardize multimodal transportation
requirements.
Bicycle Storage and
Charging Regulations December 31, 2023 COMPLETED
Program 3.K: Standardize multimodal transportation
requirements.
Remove CSC Review of
Housing Developments December 31, 2023 COMPLETED
Program 4.C: Allow Low Barrier Navigation Centers
consistent with AB 101. December 31, 2023 COMPLETED
Program 4.D: Allow transitional and supportive housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.E: Allow employee/farmworker housing
consistent with State law. December 31, 2023 COMPLETED
Program 4.F: Reasonably accommodate disabled persons’
housing needs. December 31, 2023 COMPLETED
Program 6.B: Maintain and expand an inventory of
affordable housing funding sources. Prepare Inventory. December 31, 2023 Program 6.E: Prepare and distribute anti-displacement
information. December 31, 2023
Program 1.A: Rezone for RHNA shortfall. January 31, 2024
TO BE COMPLETED
BY 1/31/2024
Program 1.G: Rezone housing sites from previous Housing Elements. January 31, 2024
TO BE COMPLETED
BY 1/31/2024
Program 3.G: Amend Conditional Use Permits findings
applicable to housing developments. March 31, 2024 IN-PROGRESS Program 3.I: Allow residential care facilities consistent with State law. March 31, 2024
TO BE COMPLETED
BY 1/31/2024
Program 3.J: Explicitly allow manufactured homes consistent with State law. March 31, 2024
TO BE COMPLETED
BY 1/31/2024
Program 3.F: Reduce Conditional Use Permit requirement for residential mixed-use and
multi-family. September 31, 2024 IN-PROGRESS
Program 1.B: Facilitate higher density housing in the
Commercial Thoroughfare (CT) District. December 31, 2024
TO BE COMPLETED
BY 1/31/2024
Program 1.C: Allow housing in the Office Administrative (OA) District. December 31, 2024
TO BE COMPLETED
BY 1/31/2024
275
Agenda Item # 8.
Program 1.E: Update the Loyola Corners Specific Plan. December 31, 2024
TO BE COMPLETED
BY 1/31/2024
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
Adopt-Permit Ready ADU
Plans December 31, 2024
Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements. December 31, 2024 CONTRACT SIGNED Program 3.B: Modify building height in mixed-use zoning districts.
Commercial
Neighborhood (CN)
District December 31, 2024 IN-PROGRESS
Program 3.C: Remove floor-to-area ratio (FAR) restriction at Rancho Shopping Center and
Woodland Plaza. December 31, 2024 IN-PROGRESS
Program 3.M: Modify parking requirements for emergency
shelters consistent with State
law. December 31, 2024
Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Commercial linkage fee. December 31, 2025 Program 1.D: Allow housing on certain Public and
Community Facilities District sites and
facilitate housing on religious institution properties. December 31, 2025 Program 1.F: Rezone Village Court parcel. December 31, 2025
TO BE COMPLETED
BY 1/31/2024
Program 4.H: Provide additional density bonuses and
incentives for housing that accommodates special needs
groups. December 31, 2025
Program 4.I: Allow senior housing with extended care
facilities in multi-family and mixed-use zoning districts. December 31, 2025 Program 1.I: Incentivize Downtown lot consolidation. July 31, 2026 Program 4.G: Assist seniors to maintain and rehabilitate their homes. July 31, 2026
Program 6.C: Target housing development in highest
resource areas. Follow-up Outreach September 31, 2026
Program 1.H: Facilitate housing on City-owned sites. Entitlement Review December 31, 2026 276
Agenda Item # 8.
Program 3.N: Modify standards in the R3 zoning districts. December 31, 2026 IN-PROGRESS Program 4.J: Facilitate alternate modes of transportation for residents.
Capital Improvement
Project for above head
pedestrian crossing
signals on San Antonio
Road near Downtown Los
Altos December 31, 2027
Program 5.F: Incentivize the creation of play areas for multifamily housing projects. December 31, 2027 Program 1.K: Participate in regional housing needs planning efforts. Ongoing
Program 1.L: General Plan amendments. Ongoing
Program 1.M: SB 9 implementation. Ongoing
Program 1.N: Facilitate and monitor pipeline housing
projects. Ongoing
Program 2.C: Assist in securing funding for affordable
housing projects. Ongoing
Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs). Ongoing
Program 2.E: Conduct annual ADU rental income surveys. Annual Survey Annually Program 4.A: Support efforts to fund homeless services. Ongoing Program 4.B: Continue to participate in local and regional forums for homelessness,
supportive, and transitional housing. Ongoing
Program 5.A: Monitor condominium conversions. Ongoing
Program 5.B: Continue to administer the City’s affordable housing programs. Ongoing
Program 5.C: Restrict commercial uses from displacing
residential neighborhoods. Ongoing
Program 5.D: Implement voluntary code inspection program. Ongoing 277
Agenda Item # 8.
Program 5.E: Help secure funding for housing rehabilitation and assistance programs. Ongoing
Program 6.A: Assist residents with housing discrimination and landlord-tenant
complaints. Ongoing
Program 6.B: Maintain and expand an inventory of
affordable housing funding sources.
Inform, Evaluate
Apply/Submit Ongoing
Program 6.F: Affirmatively market physically accessible units. Ongoing Program 7.A: Promote energy and water conservation and
greenhouse gas reduction
through education and awareness campaigns. Ongoing
Program 7.B: Monitor and implement thresholds and
statutory requirements of climate change legislation. Ongoing 278
Agenda Item # 8.