Los Altos City Council
October 24, 2023

CITY COUNCIL MEETING
AGENDA
7:00 PM - Tuesday, October 24, 2023
via Videoconference and In Person
Please Note: The City Council will meet in person as well as via Telephone/Video Conference Telephone: 1-669-444-9171 / Webinar ID: 840 4114 3961
https://losaltosca-gov.zoom.us/j/84041143961?pwd=d6kB9abgafTcS2rMy4jbZc9ZBZlNHt.1 Passcode: 336874
TO PARTICIPATE IN-PERSON: Members of the public may also participate in person by being present at the Los Altos Council Chamber at Los Altos City Hall located at 1 N. San Antonio Rd, Los Altos, CA.

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

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

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

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

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

AGENDA

CALL MEETING TO ORDER

ESTABLISH QUORUM

PLEDGE ALLEGIANCE TO THE FLAG
1 10/24/2023 CITY COUNCIL MEETING AGENDA Page 2 of 3

REPORT ON CLOSED SESSION

CHANGES TO THE ORDER OF THE AGENDA

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Members of the audience may bring to the Council's attention any item that is not on the agenda. The Mayor will announce the time speakers will be granted before comments begin. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during the Public Comment Period. According to State Law (also known as “The Brown Act”) items must first be noted on the agenda before any discussion or action.
10-24-2023 Written Public Comment

SPECIAL ITEMS
Recognition of Outgoing Commissioners

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

1. Approval of Meeting Minutes for the Regular Meeting of October 10, 2023

2. Authorization for purchase of Root Foaming product; consider finding the Council’s action exempt from review under CEQA pursuant to CEQA Guidelines Section 15301, and finding that none of the circumstances in CEQA Guidelines Section 15300.2 applies

3. Contract Award: Annual Street Sweeping Services; consider finding the Council’s action exempt from review under CEQA pursuant to CEQA Guidelines Section 15301, and finding that none of the circumstances in CEQA Guidelines Section 15300.2 applies

4. Waive second reading and adopt an Ordinance amending Los Altos Municipal Code Section 9.25 "Special Events" and "Special Events Appendix A"

5. Adopt a Resolution adopting the Flag Raising Policy as a permanent program now that the pilot period has elapsed

DISCUSSION ITEMS

6. Discuss and provide direction on potential Dark Skies Ordinance

INFORMATIONAL ITEMS ONLY

7. Tentative Council Calendar and Housing Element Update Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS

ADJOURN TO CLOSED SESSION SPECIAL MEETING
2 10/24/2023 CITY COUNCIL MEETING AGENDA Page 3 of 3
Note: The Closed Session will be held in-person only.

1. THREAT TO PUBLIC SERVICES OR FACILITIES - Pursuant to Government Code Section 54957

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54857(b)
Title: City Manager
(Council Norms: It will be the custom to have a recess at approximately 9:00 p.m. Prior to the recess, the Mayor shall announce whether any items will be carried over to the next meeting. The established hour after which no new items will be started is 11:00 p.m. Remaining items, however, may be considered by consensus of the Council.)

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

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

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

If you wish to provide written materials, please provide the City Clerk with 10 copies of any document that you would like to submit to the City Council for the public record. 3 1
Melissa Thurman
From: Les Poltrack <[email protected]>
Sent: Thursday, October 19, 2023 4:07 PM
To: City Council
Cc: Administration
Subject: Dark Skies Discussion
To: Los Altos City Councilmembers
Cc: Nick Zornes, Gabriel Engeland
(I don't have emails for Messrs. Zornes or Engeland, so copying the Administration email?) From: Les Poltrack, 164 Doud Drive, Los Altos
Re: Dark Skies Discussion at October 24, 2023 meeting
I am happy to see that the City Council is considering this matter, and would encourage that the City consider passing a Dark Skies Ordinance. Unfortunately, I will not be able to attend the meeting due to travel.

The draft discussion looks excellent, and it's great to see that it mostly aligns with the five responsible outdoor lighting principles of DarkSky International:
https://darksky.org/what-we-do/advancing-responsible-outdoor-lighting/ https://darksky.org/resources/guides-and-how-tos/lighting-ordinances/ My personal perspective is based on installing lighting for several dozen homes in Santa Clara County being built by Habitat for Humanity, as well as having recently been a developer for a single-family home next door to my residence in Los Altos, in addition to a 3-unit condominium in Los Altos near downtown.

As an installer and developer, my perspective is that providing appropriate lighting and controls is pretty easy and practical. For example, on both of the developments in Los Altos we used WAC Sodor LED fixtures which cast light downward, and are "Dark Sky Approved" among the countless (hundreds? - not sure I didn't count) fixtures approved by DarkSky International:
https://darksky.org/what-we-do/darksky-approved/products-companies/#!/~/search/keyword=WAC&offset=9 We installed astronomical timers to meet the timer requirement - not a big deal.

The homeowners are all happy with their lighting, and as a neighbor, I am happy too.

I am strongly in favor of Dark Skies, although I don't fully understand the following in the draft discussion:
- "Light Curfew" -- if my neighbor needs to go out at 3AM for a short period, she needs to. IMO, this is also somewhat redundant with the timer requirement.

Maybe "Automatic Lights On" could have a curfew, but this might be clarified. - "Standard Exemptions" -- basically agree, but should not be entirely exempted, e.g. "Shield Light Fixtures Down" make sense in all areas and I can't think of any place in the City that should be exempted from that specific requirement. 4 2
Also, as California Title 24 has required either:
- Photocontrol and motion sensor
- Photocontrol and automatic time switch control
- Astronomical time clock
- Energy management control system
for single-family residential for at least the last 3 Code cycles or more, timers etc might be cited by reference, rather than "reinventing the wheel", as the Code development process considers language pretty carefully.

The above are mostly "nits"; in general looks like a great discussion.

Thank you for your consideration.
5 1
Melissa Thurman
From: Dashiell Leeds <[email protected]>
Sent: Monday, October 23, 2023 4:07 PM
To: City Council; Administration
Cc: James Eggers; Mike Ferreira; Gladwyn D'Souza; Shani Kleinhaus Subject: SCLP and SCVAS comments to Los Altos, Oct 24 meeting agenda item 6 (Dark Skies Discussion)
Attachments: SCLP SCVAS joint letter to Los Altos Oct 23 2023.pdf Hello Mayor Meadows and Los Altos City Councilmembers,

The Santa Clara Valley Audubon Society and the Sierra Club Loma Prieta Chapter submit this letter for your consideration. Together, our organizations represent tens of thousands of members in Santa Clara County, including Los Altos. Our members cared deeply about natural ecosystems, wildlife, and protecting our environment, including the night sky. We hope that you consider the following actions when discussing item 6 on your 10/24 agenda (Dark Skies Discussion).
1) Please expand the scope of the ordinance to include Bird Safe Design Standards. 2) Ensure that the ordinance applies to
- Outdoor lighting on all private properties, including existing lighting, and - Indoor lighting in office/commercial buildings, and
- Buildings, structures, and architectural elements that pose hazards to birds.

Please see the attached letter for our full comments.

Sincerely,
Shani Kleinhaus
Environmental Advocate
Santa Clara Valley Audubon Society
James Eggers
Chapter Director
Sierra Club Loma Prieta Chapter
email sent from account of
Dashiell Leeds
Conservation Coordinator
Sierra Club Loma Prieta Chapter
6 SAN MATEO, SANTA CLARA & SAN BENITO COUNTIES
October 23, 2023
City of Los Altos
1 N San Antonio Rd,
Los Altos, CA 94022
Dear Mayor Meadows and Los Altos City Councilmembers,
The Santa Clara Valley Audubon Society and the Sierra Club Loma Prieta Chapter submit this letter for your consideration. Together, our organizations represent tens of thousands of members in Santa Clara County, including Los Altos. Our members care deeply about natural ecosystems, wildlife, and protecting our environment, including the night sky. In the past few years we have focused on one of the most harmful disruptors to the environment and to human health: light pollution. We are pleased to see Item 6 on your 10/24 agenda (Dark Skies Discussion) and hope the City of Los Altos proceeds to develop a dark sky ordinance and augment it with policies and standards for bird safe design of buildings and structures in Los Altos.

1. We wish to offer the following observations:
● Scientific evidence that Artificial Light at Night (ALAN) is harmful to ecological processes, biology, behavior and health in all living things (including humans), and to scientific exploration and advancement is indisputable1. Lighting in the blue, cold part of the spectrum is especially damaging to life. We appreciate the staff report attention to the importance of aesthetic and energy-conservation aspects of light pollution. We wish to emphasize the pervasive impacts of lighting on seasonal and circadian rhythms in plants and animals and the resulting disruptions to biological phenomena (migration, attraction or aversion by animals, reproduction in most animals) and even human health. Outdoor lighting has been linked to cancers, diabetes, impaired mental health and more.
● In addition to the City of Cupertino, which has already adopted a Bird Safe and Dark Sky ordinance, several cities in our region are currently in the process of drafting Dark Sky ordinances, including Palo Alto, Mountain View, Brisbane, Santa Clara County, and likely Sunnyvale. These ordinances aim to reduce light pollution and improve ecological, 1 https://darksky.org/news/artificial-light-at-night-state-of-the-science-2023- report/#:~:text=Overall%2C%20the%20report%20finds%20evidence,safety%20during%20the%20overnig ht%20hours
7 environmental and human health by regulating outdoor lighting in all private properties, with some considerations to the type of development and its location. ● Bird Safe Design regulations, aimed to protect birds from collision with glass and other structures, are being implemented in many cities in our region, including San Francisco, San Jose, Cupertino, Sunnyvale and Mountain View. Palo Alto is currently developing an ordinance.

Los Altos, a city where residents appreciate nature, should join this effort to protect our birds from collision.
● Wherever asked, residents showed awareness to the loss of darkness at night and were supportive of regulations aimed to reduce light pollution. The community members are even more supportive when educated about the implications of Artificial Light At Night to environmental and human health. People are also supportive of bird safe design regulations that aim to reduce the hazards that glass and other elements of our built environment pose to birds.

2. The Analysis provided in the Staff Report covers most of the state-of-art guidance, but we would like to offer additional recommendations:
a. LED technology has advanced, and warmer-light fixtures are available. We recommend a maximum Correlated Color Temperature of 2700 Kelvin or less. This reduces the harsh and harmful blue light emitted by light fixtures.
b. Overlighting is currently an issue in most of our communities, and it is one of the reasons residents generally support regulation. It is therefore important to address existing non-compliant lighting, as has been done in Malibu and proposed in Brisbane.

Non-compliant lighting is allowed a grace period to correct the problem.

3. The Staff report raises the following Policy Questions for Council Consideration. ● Does the City Council wish to proceed with the development of a local Dark Skies Ordinance? ▪ Please respond ‘yes’!
● Which Main Principles Should be Included?
▪ Please include the International Dark Sky Association Five Principles for Responsible Outdoor Lighting (Useful, Targeted, Low Level, Controlled, Warmer color. See note at end of letter for explanation.)
▪ In addition, please expand the scope to include bird safe design policies and standards. ● What Applicability Should be Required?
Please apply to,
▪ Outdoor lighting on all private properties, including existing lighting, and ▪ Indoor lighting in office/commercial buildings,
▪ Buildings, structures and architectural elements that pose hazards to birds.

4. The Sierra Club Loma Prieta Chapter and the Santa Clara Valley Audubon Society have developed a model Dark Sky ordinance and a compilation of Bird Safety standards, which we are happy to share with Los Altos Staff.
8 We look forward to supporting Dark Sky and Bird Safety protections in Los Altos.

Respectfully,
Shani Kleinhaus, Ph.D.

Environmental Advocate
Santa Clara Valley Audubon Society
James Eggers,
Chapter Director
Sierra Club Loma Prieta Chapter
https://darksky.org/resources/guides-and-how-tos/lighting-principles/:

1. Useful: Use light only if it is needed. All light should have a clear purpose. Consider how the use of light will impact the area, including wildlife and their habitats.

2. Targeted: Direct light so it falls only where it is needed Use shielding and careful aiming to target the direction of the light beam so that it points downward and does not spill beyond where it is needed.

3. Low Level: Light should be no brighter than necessary Use the lowest light level required. Be mindful of surface conditions, as some surfaces may reflect more light into the night sky than intended.

4. Controlled: Use light only when it is needed. Use controls such as timers or motion detectors to ensure that light is available when it is needed, dimmed when possible, and turned off when not needed.

5. Color: Use warmer color lights where possible: Limit the amount of shorter wavelength (blueviolet) light to the least amount needed. 9 CITY OF LOS ALTOS

CITY COUNCIL MEETING MINUTES
TUESDAY, OCTOBER 10, 2023
7:00 p.m.
1 N. San Antonio Rd. ~ Los Altos, CA
Sally Meadows, Mayor
Jonathan Weinberg, Vice Mayor
Pete Dailey, Councilmember
Neysa Fligor, Councilmember
Lynette Lee Eng, Councilmember
CALL MEETING TO ORDER – Sally Meadows, Mayor, called the meeting to order at 7:00 p.m.

ESTABLISH QUORUM – Councilmembers Dailey, Fligor, Lee Eng and Meadows were present and in-person, and Vice Mayor Weinberg was present virtually from his publiclyaccessible, posted location of 3400 S. Las Vegas Blvd., Las Vegas, NV, 89109.

PLEDGE ALLEGIANCE TO THE FLAG – Sally Meadows, Mayor, led the Pledge of Allegiance.

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

CHANGES TO THE ORDER OF THE AGENDA
Sally Meadows, Mayor, moved Special Items before Public Comments on Items Not on the Agenda.

SPECIAL ITEMS
Issue proclamation recognizing the week of October 7 - 15, 2023 as Compassion Week Sally Meadows, Mayor, presented the proclamation to Laura Texler, Los Altos-Mountain View Community Foundation.

Issue proclamation recognizing Hispanic Heritage Month
Sally Meadows, Mayor, read the proclamation with Lindsay Hernandez, a Senior at Los Altos High School.

Swearing-In Ceremony for Incoming Commissioners
Melissa Thurman, City Clerk, administered the Oath of Office to recently appointed Commissioners.

PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
The following member of the public spoke during Public Comment:
 T.T. Ramgopal
 Lei Yuan
 Roberta Phillips
 Joe Beninato
 Sander Vonk
10 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
October 10, 2023

CONSENT CALENDAR
Lynette Lee Eng, Councilmember, requested to pull Items 3 and 4 for further discussion.

Sally Meadows, Mayor, moved Items 3 and 4 to the end of Discussion Items on the agenda.

The following members of the public spoke on items on the Consent Calendar:

Shirin Cooper – Item 4 Tom Ferry – Item 4
Jerry Rice – Item 4 Nancy Martin – Item 4
Jeanine Valadez – Item 3 Roberta Phillips – Item 4
Motion by Fligor and Seconded by Lee Eng to approve the Consent Calendar, excluding Items 3 and 4. Motion carried unanimously by roll call vote.

1. Adopt Regular Meeting Minutes for the Meeting of September 26, 2023

2. Waive second reading and adopt an ordinance and the resolution of bidding procedures under the California Uniform Public Construction Cost Accounting Act; find that the adoption of the ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061

DISCUSSION ITEMS

5. Waive first reading and introduce an ordinance amending Los Altos Municipal Code Section 9.25 "Special Events" and "Special Events Appendix A" and adopt a resolution adjusting the Special Events fees
Anthony Carnesecca, Assistant to the City Manager, presented the report.

The following members of the public spoke regarding the item:
 Jerry Rice
 Roberta Phillips
The City Council took a recess at 8:42 p.m.

The City Council reconvened at 8:52 p.m.

The City Council provided the following amendments:
 Incorporate consistent language for public property in 9.25.010  Remove “fax” from written notification section
 Add 9.25.040.J.9 back into ordinance
 Explicitly state there will be no cost for a block party  Explicitly state that there is no refund for an event cancelled for a reason within the control of the applicant
 Allow City Manager to refer appeals to Hearing Officer if City Council cannot do so in a timely manner
11 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
October 10, 2023

Motion by Weinberg and Seconded by Dailey to waive the first reading and introduce an ordinance amending Los Altos Municipal Code Section 9.25 “Special Events” and “Special Events Appendix A”, as amended. Motion carried unanimously by roll call vote.

Motion by Weinberg and Seconded by Dailey to adopt a resolution amending Special Event Fees, as amended. Motion carried unanimously by roll call vote.

6. Discussion and Appointments to the Joint Community Volunteer Service Awards Committee and the Parks, Arts, Recreation and Cultural Commission Sally Meadows, Mayor, opened the item.

The City Council appointed Lindsay Carpenter to the Joint Community Volunteer Service Awards Committee to a four-year term.

The City Council appointed Yong Yeh to the Parks, Arts, Recreation and Cultural Commission to a four-year term.

3. Authorize the Mayor to sign a letter of support for the Stanford Community Plan Update (Previously Item 3 on the Consent Calendar)
Lynette Lee Eng, recommended proposed amendments to the letter of support. The City Council did not support the proposed amendments.

Motion by Fligor and Seconded by Meadows to authorize the Mayor to sign a letter of support for the Stanford Community Plan Update. Motion carried unanimously by roll call vote.

4. Adopt Zoning Ordinance Text Amendments which implement programs identified in the adopted housing element, Program 3.B: Modify building height in mixed-use zoning districts, Program 3.C: Remove floor-to-area ratio (FAR) restriction at Rancho Shopping Center and Woodland Plaza, Program 3.F: Reduce Conditional Use Permit requirement for residential mixed-use and multi-family, Program 3.G: Amend Conditional Use Permits findings applicable to housing Developments, Program 3.N:

Modify standards in the R3 zoning districts and consideration of the City of Los Altos Planning Commission’s September 7, 2023 decisions; Action (1) on Program 3.C, PASSED (4-Yes, 1-No, 1-Rescue, 1-Absent); Action (2) on Program 3.B, 3.F, 3.G, 3.N, PASSED (6-Yes, 1-Absent) both recommendations approved the proposed amendments with minor modifications. The proposed amendments are exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be no possibility of a significant effect on the environment (Previously Item 4 on the Consent Calendar) Lynette Lee Eng, Councilmember, proposed continuing the item to a future meeting. The City Council did not support continuing the item.
12 Agenda Item # 1.

City of Los Altos
City Council Regular Meeting Minutes
October 10, 2023

Motion by Weinberg and Seconded by Meadows to waive the second reading and adopt the ordinance, as detailed in the description above. Motion carried 4-0-1 with Councilmember Lee Eng abstained by roll call vote.

INFORMATIONAL ITEMS ONLY

7. Tentative Council Calendar and Housing Element Update Calendar

COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS  Lynette Lee Eng, Councilmember – Requested a future agenda item for compassion training for the City Council. (Request did not receive support)  Sally Meadows, Mayor – Requested a future agenda item for staff to bring a discussion item regarding city-sponsored events. (Dailey and Fligor supported the item) ADJOURNMENT – The meeting adjourned at 10:12 p.m.

The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting of October 24, 2023.
_________________________________ __________________________________ Sally Meadows, Melissa Thurman, MMC
Mayor City Clerk
The October 10, 2023 City Council meeting recording may be viewed via the following external website: https://www.youtube.com/@CityofLosAltosCA
The City of Los Altos does not own or operate YouTube. The video referenced on these minutes were live at the time the minutes were published.
13 Agenda Item # 1.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: October 24, 2023
Subject Consider authorization for purchase of Root Foaming product; consider finding the Council’s action exempt from review under CEQA pursuant to CEQA Guidelines Section 15301, and finding that none of the circumstances in CEQA Guidelines Section 15300.2 applies Prepared by: Grant Gabler, Maintenance Supervisor
Reviewed by: Aida Fairman, Public Works Director
Approved by: Gabriel Engeland, City Manager
Attachment:

A. Resolution 2023-XXX
Initiated by:

Staff
Previous Council Consideration:

None
Fiscal Impact:

There is no impact to the General Fund. Purchase of the product has been budgeted for the fiscal year 2023/2024. Staff is requesting the purchase of $287,469.37 from the CIP (WW01003) budget for FY 2023-2024. The purchase of this product for the additional four years will be in the amount not to exceed $300,000 per year for a total of $1.2M. It will be included and reviewed in each fiscal year CIP budget.

The following action will cost $287,469.37 as budgeted in the FY 2023-2024 budget.

Environmental Review:

The root foaming project is categorically exempt from environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15301(b) (Existing Facilities), in that the project consists of the repair and maintenance or minor alterations of existing publicly-owned sewerage facilities involves negligible or no expansion of existing or former use, and none of the circumstances in CEQA Guidelines Section 15300.2 applies. 14 Agenda Item # 2.

Subject: Authorization for emergency purchase of Root Foaming product October 24, 2023 Page 2
Summary:
 Staff is requesting the purchase of product to complete the treatment of roots in the City’s sewer system.
 Treatment of the roots in the City’s Sewer System is a requirement of the City’s Sanitary Sewer Management Plan and State regulations.
 This would be a sole source purchase from WECO, Inc. This vendor is the exclusive dealer for the root foaming product in Northern California and Northern Nevada.

Staff Recommendation:

Authorize the City Manager to purchase the root foaming product, Sanafoam Roo-Pru, for $287,469.37 for the use of preventive root treatment in the City’s sewer system; and authorize the City Manager to purchase the root foaming product for an additional four (4) years in the amount not to exceed $300,000 per year to continue performing the annual treatment of the sanitary sewer system
Purpose
Authorize the City Manager to purchase the Sanafoam Roo-Pru product for the use of preventive root treatment in the City’s sanitary sewer System.

Background
The Sewer Maintenance Division of the City’s Public Works Department maintains 140 miles of Sanitary Sewer. To maintain the system and help prevent potentially costly sanitary sewer spills, City Staff must treat the sewer lines for root intrusion.

Discussion/Analysis
Roots are the main cause of sewer system spills in the City, creating significant issues for staff and residents. Roots thrive in sewer pipes. The sewage system is a perfect environment: wellventilated, oxygen-rich, and full of water and nutrients. Microscopic openings in sewer systems can permit hair-like root structures to penetrate pipe joints, cracks, connections, or any other opening. A secondary root may grow alongside a sewer pipe for many feet, exploiting each opportunity to penetrate the system. Problems range from complete blockages to decreased capacity. Roots also increase preventive maintenance costs and cause unnecessary overtime and labor hours in sewer systems that are left untreated. The best course of action is preventive care, ensuring your sewer pipes stay healthy and root-free. The Sanitary Sewer Management Plan Update recommends root foaming of root-impacted sewer mains on a schedule by removing invasive tree roots. The Sanafoam Roo-Pru product is EPA-approved and meets the requirements of the Palo Alto Regional Water Quality Control Plant (RWQCP). 15 Agenda Item # 2.

Subject: Authorization for emergency purchase of Root Foaming product October 24, 2023 Page 3
Recommendation
Authorize the City Manager to purchase the root foaming product, Sanafoam Roo-Pru, for $287,469.37 for the use of preventive root treatment in the City’s sewer system; and authorize the City Manager to purchase the root foaming product for an additional four (4) years in the amount not to exceed $300,000 per year to continue performing the annual treatment of the sanitary sewer system
16 Agenda Item # 2.

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

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

AUTHORIZING THE CITY MANAGER TO PURCHASE ROOT FOAMING

PRODUCT FOR THE TREATMENT OF ROOTS IN SANITARY SEWERS FOR FY 2023-2024
WHEREAS, the City desires to purchase foam to treat roots in the sewer system; and WHEREAS, WECO, Inc. is the sole source vendor for this product; and WHEREAS, the purchase and use of the root foaming product is exempt from review under the California Environmental Quality Act (“CEQA”) for reasons stated in the staff report;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:

1. Authorizes the City Manager to purchase root foaming product in the amount of $287,469.37 for the Root Foaming project (WW01003) in FY 2023-2024.

2. Authorize the City Manager to purchase the root foaming product for an additional four (4) years in the amount not to exceed $300,000 per year to continue performing the annual treatment of the sanitary sewer system.

3. Authorizes the City Manager to take such further actions as may be necessary to implement the foregoing.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 24th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, CITY CLERK
17 Agenda Item # 2.

Reviewed By:

City Manager City Attorney
GE
Finance Director
JH JD

AGENDA REPORT SUMMARY
Meeting Date: October 24, 2023
Subject:

Contract Award: Annual Street Sweeping Services; consider finding the Council’s action exempt from review under CEQA pursuant to CEQA Guidelines Section 15301, and finding that none of the circumstances in CEQA Guidelines Section 15300.2 applies
Prepared by: Michael A. Ramon, Maintenance Supervisor
Reviewed by: Aida Fairman, Public Works Director
Approved by: Gabriel Engeland, City Manager
Attachment:

A. Resolution 2023-XXX
Initiated by:

Staff
Previous Council Consideration:

June 14, 2016
Fiscal Impact:

Street sweeping services are budgeted in the Solid Waste Fund. There are sufficient funds budgeted for this agreement.
- Breakdown of funds to be used:
o $194,989.10 Solid Waste (9410-5280)
- Amount already included in the approved budget: Y
- Amount above budget requested: 0
Environmental Review:

The Annual Street Sweeping (Project) is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) (Common 18 Agenda Item # 3.

Subject: Contract Award: Street Sweeping Services
October 24, 2023 Page 2
Sense Exemption) and 15301(c) (Existing Facilities) in that the Project consists of the operation, maintenance, and repair of existing public facilities and is not anticipated to have any significant adverse impact upon the existing environment and will not significantly alter or expand existing facilities. In addition, none of the exceptions set forth in CEQA Guidelines Section 15300.2 to the availability of the foregoing categorical exemptions applies to this project.

Summary:
 The City’s current street sweeping contract was advertised for proposals in 2016, and work has been performed on a month-to-month basis following the expiration of the contract.
 The City advertised a request for proposals for annual street sweeping services on Wednesday, August 9, 2023, and received three proposals on Thursday, August 31, 2023.

Staff Recommendation:

Award a contractor service agreement for Annual Street Sweeping Services to Clean Sweep Services, Inc. in the amount of $194,989.10; authorize the City Manager to execute a contract on behalf of the City; and authorize the City Manager to execute agreements for four (4) additional years
19 Agenda Item # 3.

Subject: Contract Award: Street Sweeping Services
October 24, 2023 Page 3
Purpose
Award a contractor service agreement for Annual Street Sweeping Services to Clean Sweep Services, Inc.

Background
Street sweeping is an effective trash control measure that significantly reduces the trash on the streets. In addition, street sweeping reduces sediments that may contain pollutants such as heavy metals, which can have water quality impacts when washed down into storm drains. Street Sweeping is a required maintenance operation under the City’s stormwater municipal regional permit.

Street sweeping is currently managed via monthly residential street sweeping of ten (10) residential routes on a monthly basis, seven (7) commercial routes on a weekly basis, two (2) commercial routes on an annual basis, and on-call support for special and emergency street sweeping.

Discussion/Analysis
The City’s current street sweeping contract was awarded in 2016, and work has been performed on a month-to-month basis following the contract's expiration. The City advertised a request for proposals for annual street sweeping services on Wednesday, August 9, 2023, and received three proposals on Thursday, August 31, 2023. Following a review of the proposals, the City recommends awarding Clean Sweep Services, Inc. a one-year contract in the amount of $194,989.10, renewable for four (4) additional years.

No safety violations for Clean Sweep Services, Inc. are listed in the Federal Government’s Occupational Safety and Health Administration (OSHA) database. The company currently provides street sweeping services to the City of Brisbane and has completed a contract with the Town of Hillsborough. The Town of Hillsborough typically contracts heavy leaf sweeping in the fall. Clean Sweep Services, Inc. supports large construction job sites. Devcon Construction is a regular customer. Reference checks reported that Clean Sweep Services, Inc. is quick to respond to special requests and thorough in the services provided. 20 Agenda Item # 3.

Subject: Contract Award: Street Sweeping Services
October 24, 2023 Page 4
Recommendation
Award a contractor service agreement for Annual Street Sweeping Services to Clean Sweep Services, Inc. in the amount of $194,989.10; authorize the City Manager to execute a contract on behalf of the City; and authorize the City Manager to execute agreements for four (4) additional years
21 Agenda Item # 3.

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

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A STREET SWEEPING CONTRACT WITH CLEAN SWEEP SERVICES INC. FOR RESIDENTIAL AND

COMMERCIAL STREET SWEEPING SERVICES
WHEREAS, Street sweeping is currently managed via monthly residential street sweeping of ten (10) residential routes on a monthly basis, seven (7) commercial routes on a weekly basis, two (2) commercial routes on an annual basis, and on-call support for special and emergency street sweeping; and
WHEREAS, Clean Sweep, Inc. has excellent references and was the lowest responsible proposal received; and
WHEREAS, the award of the proposed contract is exempt from review under the California Environmental Quality Act for reasons stated in the staff report; ; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby :

1. Authorizes the City Manager to execute a contract with Clean Sweep Services, Inc. in the amount of $194,989.10 for residential and commercial street sweeping.

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

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Medows, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, CITY CLERK
22 Agenda Item # 3.

AGENDA REPORT SUMMARY
Meeting Date: October 24, 2023
Subject: Special Events Policy
Prepared by: Anthony Carnesecca, Assistant to the City Manager Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Ordinance No. 2023-XX LAMC 9.25 Special Events

2. Ordinance No. 2023-XX LAMC 9.25 Special Events Appendix A Initiated by:

City staff
Previous Council Consideration:

None
Fiscal Impact:

Lower application fees may lead to lower revenues, but more events qualifying as special events may lead to a higher number of applications that could offset the lost revenue. The cost for staff time will still be invoiced to applicants in addition to the application fee.

Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the City Council wish to adjust Los Altos Municipal Code 9.25 “Special Events” with the recommended changes?
Summary:
 City Council created Los Altos Municipal Code 9.25 “Special Events” in March 2007 that governs special events.
 This section of the Muncipal Code must be updated in context of the current special event landscape and current special events coming into the City for review.

Staff Recommendation:

Waive second reading and adopt Ordinance No. 2023-XX.
23 Agenda Item # 4.

Subject: Los Altos Special Events Policy
October 24, 2023 Page 2
Purpose
Update Los Altos Municipal Code 9.25 “Special Events” by streamlining the special event process.

Background
The City Council adopted Los Altos Municipal Code 9.25 “Special Events” in March 2007 that governs special events. This section has governed how the City has managed special events for the last fifteen years. Over the course of those fifteen years, special events have changed and this code section needs to be re-evaluated based upon the current needs of the Los Altos community.

So far in 2023, the City has received 23 special event applications. These special event applications vary from one-time concerts at Grant Park to the weekend-long Art and Wine Festival to the weekly Farmers Market in downtown. They also vary in attendance from large events such as the weekend-long Fine Art in the Park to the multi-minute (depending upon the speed of Los Altos children in any given year) Spring Egg Hunt.

Discussion/Analysis
City staff recommends a number of changes to Los Altos Municipal Code 9.25 “Special Events” that will allow the City to simplify a confusing code section, retain control over more events on public property, and simplify the special event and block party process.

Below are the major edits for the Special Events code section:
 Add new bullet points to our “special event” definition that will incorporate more events that have not historically been defined as a special event  Remove unnecessary language that will make the code section more coherent  Create uniform standard response times for all special event sections regardless of activity  Remove subjective language regarding “expressive activity”  Condense application requirements for future special events  Break block parties into their own subsection of the Municipal Code so there will be two types of events in special events and block parties
 Change the name of sponsored special events to be more accurate At the City Council meeting on October 10, 2023, City Council waived first reading and provided the following edits that have been incorporated into the ordinance:
 Incorporate consistent language for public property in 9.25.010  Remove “fax” from written notification section
 Add 9.25.040.J.9 back into ordinance
 Explicitly state there will be no cost for a block party  Explicitly state that there is no refund for an event cancelled for a reason within the control of the applicant
24 Agenda Item # 4.

Subject: Los Altos Special Events Policy
October 24, 2023 Page 3
 Allow City Manager to refer appeals to Hearing Officer if City Council cannot do so in a timely manner
Recommendation
Waive second reading and adopt Ordinance No. 2023-XX.
25 Agenda Item # 4.

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

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LOS ALTOS AMENDING SECTION 9.25 OF THE LOS ALTOS

MUNICIPAL CODE GOVERNING SPECIAL EVENTS AND

BLOCK PARTIES
WHEREAS, the City Council adopted Los Altos Municipal Code 9.25 “Special Events” in March 2007 that governs special events and how the City has managed special events for the last fifteen years; and
WHEREAS, these special event applications vary from one-time concerts at Grant Park to the weekend-long Art and Wine Festival to the weekly Farmers Market in downtown; and
WHEREAS, these edits will simplify a confusing code section, retain control over more events on public property, and simplify the special event and block party process; and WHEREAS, the City Council directed staff at the first reading to make the following edits:
incorporate consistent language for public property in 9.25.010, remove “fax” from written notification section, add 9.25.040.J.9 back into ordinance, explicitly state there will be no cost for a block party, explicitly state that there is no refund for an event cancelled for a reason within the control of the applicant, and allow the City Manager to refer appeals to Hearing Officer if City Council cannot do so in a timely manner; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended.

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

SECTION 1. AMENDMENT OF CODE: Chapter 9.25 of the Los Altos Municipal Code as set forth in Appendix A to this Ordinance.

SECTION 2. CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

SECTION 3. PUBLICATION. This ordinance shall be published as provided in Government Code section 36933.

SECTION 4. EFFECTIVE DATE. This ordinance shall be effective upon the commencement of the thirty-first day following the adoption date.
26 Agenda Item # 4.

Ordinance No. 2023-___ Page 2
The foregoing ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on October 10, 2023 and was thereafter, at a regular meeting held on ___________, 2023 passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_______________________
Melissa Thurman, CITY CLERK
27 Agenda Item # 4.

9.25.010 Definitions.

As used in this chapter:
“Block party” means an outdoor neighborhood gathering coordinated by the residents of that neighborhood that includes the closure of a public right of way within an area zoned for residential use. Block parties may not include the closure of arterial streets and may not be for commercial, for-profit, or advertising purposes. "City manager" means the city manager of the city of Los Altos and his or her their designee. "Demonstration" means any formation, procession or assembly of persons for the purpose of expressive activity, who intend to or do assemble or travel in unison on any street, sidewalk or other public right-of-way owned or controlled by the city in a manner that does not comply with normal or usual traffic regulations, laws or controls.
"Departmental services charges" means the actual costs which a department of the city incurs in connection with activities for which a permit is required under this chapter, including, but not limited to, costs associated with fire safety, police-conducted traffic and/or pedestrian control, the closure of streets or intersections, the diverting of traffic, the salaries of city personnel involved in administration or coordination of city services for the event, the cost to the city to provide support personnel, equipment, materials and supplies, and related city costs such as fringe benefits or employee overtime. Departmental services charges shall not include costs incurred by the city to provide police protection to those engaged in "expressive activity" as that term is defined in this chapter. "Event" means and includes a special event or a demonstration. "Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event.
"Expressive activity" means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and the distribution of literature. "Person," as used in this chapter, means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust or manager, lessee, agent, servant, officer or employee or any of them, except where the context clearly requires a different meaning. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel.
"Special event" means:

1. Any organized formation, parade, procession, demonstration or assembly which may include persons, animals, vehicles, or any combination thereof, which is to assemble or travel in unison on any street, sidewalk or other public right-of-way owned or controlled by the city which does not comply with applicable traffic regulations, laws or controls; or

2. Any organized assemblage of one hundred fifty (150) or more persons at any public place or property which is to gather for a common purpose under the direction or control of a person; or

3. Any other organized activity involving one hundred fifty (150) or more persons conducted by a person for a common or collective use, purpose or benefit which involves the use of, or has an impact on, public place or property and which may require the provision of city public services in response thereto; or

4. Any organized activity conducted in any public place or property, such as a City street, sidewalk, alley or other right-of-way, or private property which generates a crowd of spectators sufficient in size to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic or to restrict access to parks, recreation areas or other public areas; or

5. Any event that requires a special event permit through Santa Clara County Fire. 28 Agenda Item # 4.

4. Examples of special events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, mass participation sports (such as marathons and other running events), athletic or sporting events, and community celebrations and observances conducted on public property or public rights-of-way.
"Special event permit" means a permit issued pursuant to this chapter. "Special event venue" means that area for which a special event permit has been issued. "Street" means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Street includes highways or alleys.

9.25.020 Permit required.

A. Except as provided by this code or pursuant to the terms of a permit, lease or contract which has been specifically authorized by the city council for the use of city facilities which do not require street closure or traffic diversion, no person shall conduct or cause to be conducted, participate or engage in, hold, manage, permit or allow another to conduct a special event, in, on or upon any city street, sidewalk, alley, park, way, public place, public property or public right-of-way which is owned or controlled by the city without first having obtained a written permit from the city manager.

B. The city manager may also approve and permit the sale or use of alcoholic beverages in public areas in connection with a special event where it is not expressly prohibited by this code provided that such sale or use shall, at all times, comply with all other applicable provisions of law. Any denial by the city manager of approval for a permit to sell or use alcoholic beverages under this subsection may be appealed as provided in Section 9.25.1340.

C. The city manager is authorized to issue permits for special events and block parties pursuant to the procedures established in this chapter.

D. The city manager may condition any permit issued pursuant to this chapter with reasonable requirements concerning the time, place or manner of holding such event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions.

Conditions may include, but are not limited to, the following:

1. The establishment of an assembly or disbanding area for a parade or like event;

2. The accommodation of an event's pedestrian and vehicular traffic, including restricting events to city sidewalks, portions of a city street, or other public right-of-way;

3. Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access;

4. The number and type of vehicles, animals, or structures to be displayed or used in the event;

5. The inspection and approval by city personnel of stages, booths, floats, structures, vehicles or equipment to be used or operated in the event to ensure that such structures or vehicles are safely constructed and can be safely operated, and conform to the requirements of all applicable codes;

6. A cleaning deposit if the event includes using structures, displaying or using horses or other large animals, operation of water stations, food distribution or sales, beverage distribution or sales, and/or sale of other goods or services;

7. The provision and use of traffic cones or barricades;

8. The provision or operation of first aid stations or sanitary facilities, including handicap-accessible sanitary facilities;
29 Agenda Item # 4.

Created: 2023-06-28 07:56:17 [EST]
(Supp. No. 40, Update 2)

9. The provision of a waste management plan, and the cleanup and restoration of the site of the event;

10. The use of sound amplification equipment, and restrictions on the amount of noise generated by motors and other equipment used in the course of the event;

11. The manner of providing notice of permit conditions to permit participants and those businesses or residents who may be directly affected by the conduct of the event;

12. The provision or use of emergency services;

13. The reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity;

14. The obtaining of any and all business licenses or other necessary permits required by this code for the sale of food, beverage or other goods or services at the event; and

15. The manner by which alcohol sales and service, if any, shall be conducted at the event.

E. Issuance of a special events permit pursuant to this chapter does not obligate or require the city to provide city services, equipment or personnel in support of an event although the city manager may provide such services, equipment or personnel if such are reasonably available and the event organizer makes provisions to reimburse the city for the cost thereof.

9.25.030 Exceptions to the special event permit requirement.

A. The following activities are exempt from the special event permit requirement:

1. Funeral processions by a licensed mortuary or funeral home;

2. Activities conducted by a governmental agency acting within the scope of its authority;

3. With the exception of organized fund raisers, events which take place on streets, sidewalks, or other public rights-of-way owned or controlled by the city including, but not limited to, lawful picketing wherein all applicable traffic regulations, laws or controls are complied with and no traffic diversion or street closures are required;

4. Spontaneous parades, assemblies or demonstrations involving expressive activity and which are occasioned by news or affairs coming into public knowledge within five calendar days of such parade, assembly or demonstration, provided that the organizers thereof give written notice to the city manager at least twenty-four (24) hours prior to such parade or assembly. Such written notice shall contain all of the following information:
a. The name, address and telephone number of the person or persons seeking to conduct the parade or assembly, headquarters of such organization, and the person who will chair the parade or assembly. This person or these persons shall be considered a permittee for the purposes of this section,
b. The name, address and telephone number of the headquarters of the organization, if any, and of the organizer or responsible head of such organization by whom or on whose behalf the parade or assembly is proposed to be conducted,
c. The name, address and telephone number of the person who will chair the parade or assembly and who will be responsible for its conduct,
d. b. The location, and date, time, duration, and estimated attendance of the proposed parade or assembly, including the assembly area, disbanding area, and the route to be traveled, e. An estimate of the approximate number of persons who will be participating in the parade or assembly and an estimate of the approximate number of persons who will be observing the parade or assembly,
30 Agenda Item # 4.

Created: 2023-06-28 07:56:18 [EST]
(Supp. No. 40, Update 2)

f. The time at which the parade or assembly will start and conclude, g. c. The type of security or other arrangements that will be provided to assure that participants are properly directed.

B. The city manager may impose reasonable time, place and manner restrictions on spontaneous parades, assemblies or demonstrations governed by this section whether or not said activities are governed by the permit requirements set forth in this chapter.

C. The city manager may deny permission to conduct a spontaneous parade, assembly or demonstration if the city manager makes a finding requiring denial pursuant to Section 9.25.0780. Such finding by the city manager shall be made no later than six hours before the scheduled start time for the event. If the city manager makes a finding pursuant to Section 9.25.0780, the city manager shall immediately provide notice of the denial, including the reason or reasons for the denial, by telephone to the permittee and shall also provide written notice of the denial including the reason for the denial. If the permittee provides a fax number for the purpose of receiving notices, t The city manager shall provide written notice of the denial by fax immediately upon making the denial decision. In lieu of denial, the city manager may propose to the applicant an alternative time, route, venue or manner of conducting the activity which alternative would be acceptable to the city and which would obviate any finding made pursuant to Section 9.25.070.

9.25.040 Special event pPermit application.

A. The application for a permit under this chapter to conduct or engage in any special event as defined in this section of the Municipal Code shall be filed with the City Manager, which involves the use of city streets, alleys, sidewalks, parks, ways, public property or public right-of-way owned or controlled by the city shall be filed with the city manager.

B. Applications shall be filed not less than sixty (60) calendar days, nor more than one year before the time it is proposed to conduct the special event. except that applications for block party permits shall be filed at least ten (10) business days prior to the event, and except that applications for expressive activities shall be filed in accordance with subsection D of this section.

C. Except as otherwise applicable, the city manager shall, within ten (10) business days, determine whether such application is or is not complete. In the case of an event involving expressive activity, the city manager shall determine whether or not such application is complete within two business days of said application being submitted to the city manager. Notwithstanding the city manager's acceptance of a completed application, no event date shall be considered confirmed until a special event permit is issued.

D. Unless otherwise specified in this chapter, an application for a special event by a person engaging in expressive activity for which a permit is required pursuant to this chapter shall be filed as follows:

Permitted Activity
Involves Use of
Must Be Filed Within
Specified Number of
Business Days of
Prior to the Event
Streets, highways and thoroughfares 10
Alleys and other rights-of-way other than sidewalks 5
Sidewalks 3
Parks 3
Other 3
E. Applications for special events involving expressive activity or block parties, for which a permit is required pursuant to this chapter, may be filed in advance of the time periods set forth above but in no event more 31 Agenda Item # 4.

Created: 2023-06-28 07:56:18 [EST]
(Supp. No. 40, Update 2)

than one year prior to the event date. If an applicant for an event involving an expressive activity or block party desires to ensure the opportunity for an appeal to the city council in accordance with Section

9.25.130(A), the application shall be filed with the city manager not less than thirty (30) calendar days, nor more than one year before the time when it is proposed to conduct the event. Failure to file the application at least thirty (30) calendar days prior to the proposed activity shall be deemed to be a waiver of an appeal to the city council and in that event the decision of the city manager shall be final and the event organizer or other aggrieved person may file or cause to be filed a petition for writ of mandate in state court regarding the validity of the city manager's decision to grant or deny the application.

F. D. Each application shall be accompanied by a nonrefundable permit application fee in an amount established from time to time by resolution of the city council. The city manager shall have the authority, if good cause is shown and the nature of the application reasonably and feasibly lends itself to expedited processing, to consider, grant or deny any application for a permit which is filed later than the time prescribed in this section.

G. E. Completed applications for a permit authorizing a special event shall be denied, approved, or conditionally approved by the city manager within thirty (30) calendar days after the city manager determines that the application is complete. Completed applications for a permit involving "expressive activity" as defined in this chapter shall be denied, approved, or conditionally approved by the city manager within two business days after the city manager determines that the application is complete. In the case of expressive activity, the city manager shall promptly attempt to notify the applicant orally, and provide written notification to the applicant as soon as it is reasonably practical to do so. Such notice shall provide detailed facts and reasons for any denial or conditional approval. The city manager shall consult with the city attorney before denying or conditionally approving a permit involving "expressive activity" (including all activities wherein the applicant claims or contends that the proposed event involves expressive activity) as that term is defined in this chapter.

H. Applications shall be upon a form which is furnished by or acceptable to the city manager. Each application shall contain full, complete and detailed information including, but not limited to, the following:

1. The name, address and telephone number of the event organizer;

2. A certification that the event organizer shall be financially responsible for any city fees, departmental services charges or costs that may lawfully be imposed for the event;

3. The name, address and telephone number of the event organizer, if any, and the chief officer of the event organizer;

4. If the special event is designed to be held by, on behalf of, or for any organization other than the event organizer, the event organizer for the special event permit shall file a written communication from such organization:
a. Authorizing the event organizer to apply for the special event permit on its behalf, b. Certifying that the event organizer and its principal shall be financially responsible for any city fees, departmental services charges or costs that may lawfully be imposed for the event;

5. A copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt nonprofit organization;

6. 3.A statement of the purpose of the special event, including any fees to be charged to participants or spectators in connection with the special event;

7. A statement of any fees to be charged to participants or spectators in connection with the special event;
32 Agenda Item # 4.

Created: 2023-06-28 07:56:18 [EST]
(Supp. No. 40, Update 2)

8. 4.The proposed location of the special event including a plot plan depicting the placement of temporary structures or facilities on public property or public rights-of-way and any assembly or production area;

9. 5.The date and times when the special event is to be conducted, including the assembly and disbanding of the special event;

10. The approximate times when assembly for, and disbanding of, the special event is to take place;

11. The proposed locations of the assembly or production area;

12. 6.In the case of a parade, marathon or other similar event, the specific proposed site or route, including a map and written narrative of the route, including disbanding areas and alternate routes, sites, or times where applicable;

13. The proposed site for any disbanding area;

14. Proposed alternate routes, sites or times, where applicable;

15. 7. The approximate number of persons, animals (including types of animals) or vehicles (including types of vehicles) that will participate in the special event;

16. The kinds of animals anticipated to be part of the special event;

17. A description of the types of vehicles to be used in the special event;

18. 8.The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise;

19. 9.Other equipment or services necessary to conduct the special event with due regard for participant and public health and safety;

20. 10.The number and locations of persons proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for events using city streets, sidewalks, or facilities;

21. 11.Provisions for first aid or emergency medical services, or both, based upon event risk factors;

22. 12.Insurance information, if applicable;

23. Any special or unusual requirements that may be imposed or created by virtue of the proposed event activity;

24. 13.Any other information reasonably required by the city manager.

I. The city manager may refer the application to such appropriate city departments as he or she deems necessary from the nature of the application for review, evaluation, investigation and recommendations by the departments regarding approval or disapproval of the application.

J. The city manager shall issue a permit under this chapter if the city manager finds that the following criteria have been met:

1. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this code or other applicable laws, rules or regulations;

2. The event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its location;

3. The event will not conflict with construction or development in the public right-of-way or at a public facility;
33 Agenda Item # 4.

Created: 2023-06-28 07:56:18 [EST]
(Supp. No. 40, Update 2)

4. The event will not require the diversion of public safety or other city employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the city;

5. The concentration of persons, animals or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets;

6. The event will not unreasonably interfere with any other special event for which a permit has already been granted or with the provision of city services in support of other scheduled events or scheduled government functions;

7. The event will not have an unmitigatible adverse impact upon residential or business access and traffic circulation in the same general venue area;

8. If the event is a marathon, it will not occur within one hundred eighty (180) calendar days of another marathon unless such event receives prior approval by the city council;

9. 8. The event will not adversely affect the city's ability to reasonably perform municipal functions or furnish city services;

10. 9.The proposed use, event or activity will not have a significant adverse environmental impact;

11. 10.That in the case of a block party or other similar neighborhood event over one hundred fifty (150) or more persons, the applicants have submitted a neighborhood letter or petition in favor of the event.

For block parties or other similar events less than one hundred fifty (150) or more persons, will be required to provide the Los Altos police department notification and barricade requirements and be subject to a service charge fee;

12. 11.That the provisions of Sections 9.25.0890 (insurance) and 9.25.09100 (departmental service charges), if applicable, have been or will be satisfied.

K. In determining whether to approve a permit application for an event involving expressive activity, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the event organizer or its members or affiliates, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.

9.25.050 Special event pPermit application fee.

A. Except as otherwise provided by this chapter, or when funded or waived by council resolution or ordinance, or other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract which has been specifically authorized by the city council, any permit fee, application fee, daily fee, and other additional fee (other than departmental services charges) for the use of city streets or other city-owned or controlled property pursuant to this chapter shall be established by the city council by resolution.

B. Any indigent natural person who intends to engage in "expressive activity" as defined in this chapter who cannot apply for a permit because of an inability arising from such indigence to pay the application fee shall not be required to pay the fee. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the city manager or his or her designee, be reasonably necessary to verify such status. For purposes of this section, "indigent natural person" includes, but is not limited to, a person eligible for county relief and support as an indigent person under Section 17000 et seq., of the California Welfare and Institutions Code or as said section(s) is/are amended from time to time.
34 Agenda Item # 4.

Created: 2023-06-28 07:56:18 [EST]
(Supp. No. 40, Update 2)

9.25.060 Block party permit application
A. The application for a permit under this chapter to conduct or engage in any block party as defined in this section of the Municipal Code shall be filed with the City Manager.

B. Applications shall be filed not less than ten (10) calendar days, nor more than one year before the time proposed to conduct the block party.

C. Except as otherwise applicable, the city manager shall, within five (5) business days, determine whether such application is or is not complete. Notwithstanding the city manager's acceptance of a completed application, no event date shall be considered confirmed until a special event permit is issued.

D. Completed applications for a permit authorizing a special event shall be denied, approved, or conditionally approved by the city manager within five (5) calendar days after the city manager determines that the application is complete.

E. Applications shall be upon a form which is furnished by or acceptable to the city manager. Each application shall contain full, complete and detailed information including, but not limited to, the following:

1. The name, address and telephone number of the event organizer;

2. A certification that the event organizer shall be financially responsible for any city fees, departmental services charges or costs that may lawfully be imposed for the event;

3. The proposed location of the block party including a plot plan depicting the placement of temporary structures or facilities on public property or public rights-of-way and any assembly or production areas;

4. The date and times when the block party is to be conducted, including the assembly and disbanding of the block party.

F. There shall be no cost, such as application fee or departmental service charge, for a block party.

9.25.0670 Permit term.

Any permit issued under this chapter shall not be for a period of more than two consecutive days except as otherwise provided in this code; however, the city manager, upon timely application by a permittee, may extend the duration of any permit, except as otherwise provided in this code, for one additional period of not more than three consecutive days if the city manager finds that all criteria set forth in Section 9.25.040(J) are being met and will continue to be met during the period of term extension.

9.25.0780 Permit denial or revocation.

A. The city manager may deny any application for a permit or revoke any permit if he or she finds any of the following:

1. The permitted event or activity will unreasonably disrupt traffic within the city; or

2. The permitted event or activity will unreasonably interfere with access to police or fire stations, or other public safety facilities; or

3. The location of the event or activity will cause undue hardship to adjacent businesses or residents; or

4. The permitted event or activity will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the city; or

5. The application contains incomplete, false or misleading information; or

6. The city manager is unable to make all of the relevant findings pursuant to Section 9.25.040(J); or 35 Agenda Item # 4.

Created: 2023-06-28 07:56:18 [EST]
(Supp. No. 40, Update 2)

7. The applicant fails to comply with all terms of this chapter including failure to remit all fees and deposits, or fails to provide proof of insurance and/or an indemnification agreement as required by this chapter; or

8. The event is proposed for a time and place for which another event permit has been or will be issued to a prior applicant; or

9. The proposed area for the assembly or for the set up or dispersal of a parade or demonstration could not physically accommodate the number of participants expected to participate in the assembly, parade or demonstration; or

10. The parade, assembly or demonstration is proposed to take place on the roadway portion of any street in a commercial or retail zone between the hours of 7:00 a.m. and 10:00 a.m. or between the hours of 4:00 p.m. and 6:30 p.m., Monday through Friday, unless the parade, assembly or demonstration will occur on a national holiday; or

11. The parade, assembly or demonstration will violate any federal, state or local law or regulation; or

12. The applicant is legally incompetent to contract or to sue and be sued; or

13. The applicant or the person or entity on whose behalf the application for permit was made has on prior occasions damaged city property and has not paid in full for such damage, or has other outstanding and unpaid debts to the city; or

14. The proposed event would present an unreasonable danger to the health or safety of the applicant, spectators, city employees, or members of the public; or

15. The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the city concerning the sale, offering for sale, or distribution of any goods or services.

B. The city manager may deny any application for a permit or revoke any permit if the city manager determines that the event sponsor or any agent, employee or associate of any such event organizer has wilfully made any false or misleading statement in an application or has not fully complied with the requirements of this chapter or has violated any of the provisions of this chapter or the provisions of any other applicable law, rule or regulation.

C. An event organizer whose permit application is denied, or whose permit is revoked, pursuant to this section shall be immediately notified of the action of denial or revocation, which notification shall contain a statement setting forth the reasons for said denial or revocation as well as a reference to the appeal provisions set forth in Section 9.25.130. Notification, pursuant to this subsection, shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified mail, return receipt requested, and addressed to the applicant at the address shown on the permit application. If available, notification pursuant to this subsection, shall be deemed satisfied when the notice is emailed to the applicant at the email address shown on the permit application.

9.25.0890 Insurance.

A. Each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the city, its officers, agents or employees, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its officers, agents or employees as a result of the alleged 36 Agenda Item # 4.

Created: 2023-06-28 07:56:18 [EST]
(Supp. No. 40, Update 2)

acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under the permit.

B. Concurrent with the issuance of a permit under this chapter and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit insurance as prescribed by the city manager.

C. If the city manager determines, after consultation with the city's risk manager and the city attorney, that a particular use, event or activity does not present a substantial or significant public liability or property damage exposure for the city or its officers, agents and employees, the city manager may give a written waiver of the insurance requirements of this section.

D. The insurance requirement set forth in this section shall not be construed to apply to parades or special events permitted under this chapter involving expressive activity which enjoy protection under the United States or California Constitutions except that such parades or special events shall be required to: (1) agree to indemnify, protect, defend and hold harmless the city, its officers and employees against all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted parade, event or activity; or (2) agree to redesign or reschedule the permitted event to respond to specific risks, hazards and dangers to the public health and safety identified by the city manager as being reasonably foreseeable consequences of the permitted parade or special event; or (3) provide insurance coverage as required by subsection B.

E. A claim for exclusion and alternative treatment under subsection D shall be filed with and at the same time as an application for a permit, and an agreement or proof of insurance, as applicable, shall be provided prior to permit issuance. The city manager or his or her designee may require such proof and documentation as he or she may deem reasonably necessary to verify the constitutionally protected status of the parade or event and the applicability of subsection D.

9.25.09100 Departmental services charge.

A. In addition to the payment of the nonrefundable permit application fee or daily fee, a permittee shall pay the city for all city departmental services charges incurred in connection with or due to the permittee's activities under the permit unless said departmental services charges are funded, partially funded or waived by action of the city council. Additionally, if city property is destroyed or damaged by reason of permittee's use, event or activity, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property.

B. City departments shall submit the final invoices and billings for departmental services charges to the city manager or no later than twenty (20) business days after the event giving rise to the issuance of a permit.

C. The city manager shall determine the type of permitted parade, event or activity and calculate the final departmental services charge based on the following formulas, depending upon whether or not the event is privately funded or is funded in whole or in part by the city, and provide that Type B and Type C shall be determined by the city council.

1. Type A Non-sponsored special event is an event which is privately funded and the permittee will pay one hundred (100) percent of the applicable fees or departmental services charges;

2. Type BHalf-sponsored special event is an event which is cosponsored by the city and the noncity permittee will pay fifty (50) percent (or a negotiated portion) of the applicable fees or departmental services charges;

3. Type CFull-sponsored special event is an event funded by the city and the city will absorb one hundred (100) percent of the applicable fees or departmental services charges incurred by the city. 37 Agenda Item # 4.

Created: 2023-06-28 07:56:18 [EST]
(Supp. No. 40, Update 2)

D. Unless otherwise authorized by the city manager in writing, at least three business days prior to a parade, event or activity permitted under this chapter, the applicant shall pay to the city a deposit in an amount sufficient to cover the total estimated city departmental services charges which the city manager estimates will be incurred in connection with the permit. Said deposit shall be paid in cash or other adequate security as determined by the city manager. If the deposit is less than the final charges calculated pursuant to this section, the permittee shall pay the difference to the city within ten (10) business days of being invoiced for such charges from the city. If the deposit is more than such final charges, the city shall refund the difference to the permittee within the sixty (60) calendar days after the event.

E. Any indigent natural person who intends to engage in "expressive activity" as defined in this chapter who cannot obtain a permit because of an inability arising from such indigence to pay the departmental services charge may request the city manager to recommend an alternative parade, event or activity on a scale and at a time that would result in less costs assessed in accordance with this section. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the city manager, be reasonably necessary to verify such status. For purposes of this subsection, "indigent natural person" includes, but is not limited to, a person eligible for county relief and support as an indigent person under Section 17000 et seq., of the California Welfare and Institutions Code or as said code section(s) may be amended from time to time.

F. In the event of any conflicts or inconsistencies between the provisions of this article and Ordinance No. 03- 250 (Fees and Service Charges), or with the provisions of any other chapter(s) of the city code, the provisions of this article shall control, unless to do so would be inconsistent with the purpose of this chapter.

9.25.1010 Refunds.

If a permitee wishes to cancel the event after submitting their application due to a reason within the permitee’s control, the permitee will not receive a refund of their application fee and may incur additional fees for the actual costs incurred by the city at the time of cancellation.

If a permittee is unable to hold or conduct a use, event or activity because of inclement weather or due to some other cause not within the permittee's control, and the permittee submits a written request for the refund of such fees to the city manager's office within ten (10) business days after the date that the use, event or activity was to have been held or conducted, the city manager may authorize the refund of the fees or a pro rata portion thereof, except for actual costs incurred by the city at the time of cancellation and the nonrefundable application fees, which have been paid by the permittee to the city in connection with a permit issued under this chapter.

9.25.1120 Interfering with activity prohibited.

It is unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in a special event for which a special event permit has been issued.

9.25.1230 Penalty for violation.

Any person who intentionally violates any of the provisions of this chapter shall be guilty of a misdemeanor.

9.25.1340 Appeals.

A. Except as provided in this chapter, any person aggrieved by the issuance, denial or revocation of a permit pursuant to this chapter may appeal such decision to the city council by filing a written notice of such appeal with the city clerk within ten (10) calendar days of the decision of the city manager giving rise to said appeal.

Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. The city council shall, within sixty (60) calendar days of receiving such notice of appeal, hold a hearing. At such hearing, the aggrieved party is entitled to be heard and present evidence on his or her behalf. The city council shall determine the merits of the appeal, and the city council's determination to grant or deny the appeal shall be 38 Agenda Item # 4.

Created: 2023-06-28 07:56:18 [EST]
(Supp. No. 40, Update 2)

final. When the necessity for a timely response so requires, the city council or city manager may refer to the matter to a hearing officer in accordance with the provisions of Chapter 1.30.

B. Alternatively to the provisions of Section 9.25.040(E), any applicant for a special event permit who is engaging in or intends to engage in a "spontaneous parade, assembly, or demonstration expressive activity" as defined in this chapter and who is aggrieved by the denial or revocation of a permit pursuant to this chapter may, at his or her election, appeal to the city council in accordance with this section. However, any appeal taken pursuant to this section may, by necessity, involve the postponement or delay of the activity for which a permit is sought.

9.25.1450 Rules and regulations.

The city manager is authorized to promulgate additional policies, rules and regulations that are consistent with and that further the provisions set forth within this chapter and the provisions of law that pertain to the conduct and operation of a special event.

9.25.1560 Unlawful to use city name without authorization.

It is unlawful for any event organizer to use in the title of the event the words "The City of Los Altos" or "City of Los Altos," or facsimile of the seal or logo of the city of Los Altos without city's written authorization. 39 Agenda Item # 4.

AGENDA REPORT SUMMARY
Meeting Date: October 24, 2023
Subject: Los Altos Flag Raising Policy Update
Prepared by: Anthony Carnesecca, Economic Development Administrator Reviewed by: Jon Maginot, Assistant City Manager
Approved by: Gabriel Engeland, City Manager
Attachment(s):

1. Resolution No. 2022-90 Flag Raising Policy

2. Resolution No. 2023-XX Flag Raising Policy
Initiated by:

City Council
Previous Council Consideration:

November 29, 2022
Fiscal Impact:

None
Environmental Review:

Not applicable
Policy Question(s) for Council Consideration:
 Does the Council wish to
Summary:
 City Council created the process that allows third-party organizations to apply for a particular flag raised on specified City flagpoles at the November 29, 2022 meeting as a one-year pilot program.
 The City has received only two applications from a Council member to fly Progress Pride and Juneteenth flags, which were reviewed and approved by City Council.

Staff Recommendation:

Approve Resolution No. 2023-XX adopting the Flag Raising Policy as a permanent program now that the pilot period has elapsed.
40 Agenda Item # 5.

Subject: Los Altos Flag Raising Policy Update
October 24, 2023 Page 2
Background
At the November 29, 2022 meeting, City Council adopted a flag raising policy as a pilot policy set to be reviewed in late 2023.

This policy allows City Council to review flag raising requests and approve them on a case-bycase basis. When a flag raising is approved, the City Council determines that the particular flag falls under government speech. Public agencies have the right to free speech on their own property, which means the City Council can convey any message or symbol as their own speech on their own property without opening it into a public forum.

Discussion/Analysis
Over the past year, the City has received only two applications from a Council member to fly Progress Pride and Juneteenth flags, which were reviewed and approved by City Council. These flags were each raised for a one-week period at the City flagpole in front of the City Council Chambers.

Recommendation
Approve Resolution No. 2023-XX adopting the Flag Raising Policy as a permanent program now that the pilot period has elapsed.
41 Agenda Item # 5.
42 Agenda Item # 5.
43 Agenda Item # 5.
44 Agenda Item # 5.
45 Agenda Item # 5.
46 Agenda Item # 5.

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS (CITY OF LOS ALTOS FLAG RAISING POLICY)
WHEREAS, The City of Los Altos displays the flags of the United States, California, and the City on poles located at certain City facilities City flag poles; and WHEREAS, from time to time, members of the City Council, City commissions, or of the public propose raising other flags on public property, including to commemorate an event or occasion; and
WHEREAS, this policy is intended to create clear guidelines for the display of flags on City property; and
WHEREAS, this policy was adopted by a City Council on November 29, 2022 as a pilot program; and
WHEREAS, City staff received only two applications during the pilot period from a Council member to fly Progress Pride and Juneteenth flags, which were reviewed and approved by City Council.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby adopts the policy attached hereto as Exhibit 1.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Sally Meadows, MAYOR
Attest:
_____________________________
Melissa Thurman, CITY CLERK
47 Agenda Item # 5.

Resolution No. 2023-XX Page 2
ATTACHMENT 1
EXHIBIT 1

LOS ALTOS FLAG POLICY
The flags of the United States, California, and the City may be flown on City property.

The United States flag shall always be given precedence, and the flag of California shall be given precedence over the City’s flag. The display of these flags shall comply with 4 U.S.C. § 1, et seq., and Government Code Section 430, et seq.

In addition to these flags, or in lieu of the display of the City’s own flag, the City Council may authorize the display of other flags on City property, including to commemorate an event or occasion. Such authorization by the City Council shall take the form of a resolution, which shall include the following information:
(1) The date or dates on which the flag shall be displayed and any locations in addition to City Hall where the flag shall be displayed;
(2) A finding that the display of the flag constitutes government speech in that the particular message conveyed by the flag is a message that the City Council wishes to express on behalf of the residents of the City;
(3) A statement describing the particular message conveyed by the flag and expressing the reason or reasons the City Council wishes to express that message on behalf of the residents of the City; and
(4) A statement that the resolution is adopted pursuant to this policy and a statement of reasons why the adoption of the resolution is consistent with this policy.

Under no circumstances shall the City Council authorize the display of a flag that:
(1) Proposes a consumer transaction;
(2) Represents a group, organization, or movement that advocates the unlawful overthrow of the state or federal government;
(3) Commemorates a rebellion against the federal government by the government of any state;
(4) Advocates discrimination or intolerance against individuals on the basis of any classification specified in Civil Code Section 51;
(5) Endorses or expresses a preference for any religious sect; (6) Advocates for or against a candidate for public office, a political party, or a ballot measure or proposition;
(7) Is considered highly offensive to persons of average sensitivity within the community; or
(8) Poses a real and substantial threat to public safety based on objective circumstances or criteria.

The City Council may consider authorizing the display of a flag pursuant to this policy referral of the entire Council on motion of any Councilmember made during the time reserved at regular City Council meetings for discussion of future agenda items, or at the recommendation of a commission of the City. The City Council may also consider 48 Agenda Item # 5.

Resolution No. 2023-XX Page 3
ATTACHMENT 1
authorizing the display of a flag on application of a resident or community group, as follows:
(1) The applicant shall complete a Commemorative Flag Flying/Raising Application, on a form to be created by the City Manager or designee; and (2) A full color picture of the flag (front and back) must be included with the completed application, and the dimensions of the flag must be specified.

City staff shall provide a recommendation to City Council for every application on whether the proposed flag or organization meets the above criteria listed 1 through 8 for a flag raising, which will allow City Council to make the final determination on the application.

The City Council shall not authorize the display of the same flag more than once per year, and if it approves an application from an individual or group within a particular calendar year, it shall not consider another application from that individual or group until the following calendar year. The City Council may condition its authorization to display a particular flag on the applicant’s agreement to donate the use of a flag for that purpose.

The flag must be a clean and serviceable flag with dimensions no larger than 4’ x 6’ that is sturdy enough to be flown on an outdoor flagpole for at least one week, and the City shall not be responsible for any loss or damage to the flag while in its possession. The flag must be collected by the applicant within two business days of removal or it may be discarded or destroyed by City staff.

At the time it authorizes the display of any flag, the City Council may also authorize a flag raising ceremony. Any such ceremony shall be open to the general public, subject to reasonable rules of decorum intended to avoid disruption and reasonable efforts by law enforcement to maintain public order in case of a lawful or unlawful protest occurring at or near the site of the ceremony. If the display of the flag has been authorized by the City Council on the application of a private individual or organization, then the City Council may condition authorizing a flag raising ceremony on the applicant’s agreement to pay the costs of the ceremony and to coordinate or assist in the coordination of the ceremony; provided, however, that:
(1) One or more representatives of the City shall be present at the ceremony, and at least one representative of the City shall speak at the ceremony on behalf of the City; and
(2) City staff shall oversee the coordination of the ceremony and shall supervise and maintain ultimate control over the conduct of the ceremony.

Except as provided in this policy, no flags will be displayed on City property other than the flags of the United States, California, or the City. This policy is intended for the City’s sole benefit, and nothing herein is intended to confer any legal right or privilege on any member of the public.
49 Agenda Item # 5.

Resolution No. 2023-XX Page 4
ATTACHMENT 1
City of Los Altos requires all non-profit organizations or Los Altos residents interested in flying or raising a flag on a City of Los Altos flag pole to meet all the below guidelines and submit a completed application.

1. Applicant Guidelines
a. A third-party organization or individual may apply to have the City raise a particular flag on one City flagpole located at specified City flagpoles. b. A commemorative flag under this policy means a flag that identifies with a specific date, historical event cause, nation or group of people, whereby the city honors or commemorates the date, event, cause, nation or people by flying the flags.
c. Only commemorative flags that are consistent with the City’s vision, mission, and ongoing strategic priorities, incorporating themes of diversity, equity, social justice and inclusion.
d. At no time will the City of Los Altos display flags that pose a danger to public health or public safety, are deemed to be inappropriate or offensive in nature, support discrimination, prejudice or religious or political movements
e. If a flag raising ceremony is requested and approved, all flag raising ceremonies must be open to all members of the public. Guests must adhere to the City of Los Altos policy not to discriminate on the basis of gender, race, religion, sexual orientation, or any other class protected by law. f. Organizations or individuals may request one flag flying/raising per calendar year. If the same or similar flag was previous flown by a different organization within the one-year period, the application will be denied. g. Approved Commemorative flags will be flown for no longer than seven calendar days and will be raised or removed on the first workday of the week.
h. All flags on City flagpoles will be raised in accordance with the U.S. Flag Code and all applicable laws.

2. Application Procedure
a. Applicant will complete the Commemorative Flag Flying/Raising Application Form.
b. A full color picture of the flag (front and back) must be included with the completed application
c. The flag must be a clean and serviceable flag with dimensions no larger than 4’ x 6’ that is sturdy enough to be flown on an outdoor flagpole for at least one week.

3. Review and Approval Process
a. Applications will be reviewed by City staff for completeness. b. Approval of the commemorative flag is at the discretion of the City Council.
c. If approved, the applicants must deliver the flag to the City Clerk’s office at least three weeks in advance of the requested raising date. 50 Agenda Item # 5.

Resolution No. 2023-XX Page 5
ATTACHMENT 1

4. Fee Guidelines
a. Applicants may be required to pay cleaning/custodial or other costs, as well as police detail fees or special permit fees, depending on the scale of any flag raising event.

5. Pick Up Process
a. After removal, flags can be picked up at the Municipal Services Center (707 Fremont Ave.).
b. The City of Los Altos is not responsible for any harm that comes to the flag while it is flying or if not picked up within 48 hours of being removed. 51 Agenda Item # 5.

AGENDA REPORT SUMMARY
Meeting Date: October 24, 2023
Subject: Dark Skies Discussion
Prepared by: Nick Zornes, Development Services Director Approved by: Gabriel Engeland, City Manager
Initiated by:

City Councilmembers, Fligor, Lee Eng, Weinberg on 2/21/2023 Previous Council Consideration:

Not applicable.

Fiscal Impact:

No fiscal impact is associated with the preparation of this report and presentation, except for Staff time.

Future fiscal impacts could be incurred with any technical analysis necessary for ordinance development. Additionally, depending on final ordinance the City may require specialized Plan Check (Permit Review) and Inspection assistance which would result in direct increased costs to property owners.

Environmental Review:

Not applicable.

Policy Question(s) for Council Consideration:
 Does the City Council wish to proceed with the development of a local Dark Skies Ordinance? If so:
o Which Main Principles Should be Included?
o What Applicability Should be Required?
Summary:
 Dark Skies is a regulatory tool which restricts or limits outdoor light as defined by Local Ordinance. Commonly called Dark Skies, Light Trespass, Light Pollution, and Foot Candle Rule.
 Dark Skies utilize smart and efficient lighting in warmer color tones and with shields preventing skyward flow and can help restore the sights that we cannot enjoy from lightpolluted skies. 52 Agenda Item # 6.

Subject: Dark Skies Discussion
October 18, 2023 Page 2
Purpose
In general, a Dark Skies Ordinance can:
 Protect and reclaim ability to view the night sky and stars.  Greater tranquility and maintenance of the rural ambiance.  Minimize light pollution by protecting against direct glare and excessive lighting.  Provide standards for efficient and moderate use of outdoor lighting.  Promote safe, energy-efficient, and cost-effective outdoor lighting.

Background
Warren-Alquist State Energy Resources Conservation and Development Act. Requires the State Energy Resources Conservation and Development Commission to adopt, lighting and other building design and construction standards that increase efficiency in the use of energy for buildings to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including energy associated with the use of water, and to manage energy loads to help maintain electrical grid reliability.

Existing law also requires the commission to adopt standards for minimum levels of operating efficiency and other cost-effective measures to promote the use of certain energy- and waterefficient appliances.

Existing Regulations do not control or limit the amount of light that is produced by a property, rather it only regulates the efficiency of the light that is produced. In theory, this means that a property can install bigger and brighter lighting fixtures if they are energy efficient.

Recent Legislation
AB-2382 Light Pollution Control
Vetoed 9/23/2022, Lack of Fiscal Analysis
Regulate State Agency/State Land Light Pollution for new and retrofits AB-38 Light Pollution Control
In Committee: Held Under Submission 9/1/2023
AB 38 would only apply to newly installed, or lights being replaced and exempts lighting necessary for worker health and safety or public health and safety including lighting used by law enforcement officers, firefighters, medical personnel, or correctional personnel. 53 Agenda Item # 6.

Subject: Dark Skies Discussion
October 18, 2023 Page 3
Other Jurisdictions
In the last several years jurisdictions around California have adopted local Dark Skies regulations or similar limitations on light pollution. The following are jurisdictions have adopted local Dark Skies regulations:
 City of Alameda
 City of Cupertino
 City of Malibu
 Ojai Municipal Advisory Council (MAC) – Ventura County  San Diego County
 Mono County
 Kern County
 San Bernardino County
It is important to note that unless the majority of Bay Area, and Northern California jurisdictions adopt Dark Skies regulations the City of Los Altos is unlikely to see any notable change in night sky visibility as light pollution effects regional night sky visibility.

Analysis
In general, a Dark Skies Ordinance would include some sort of regulatory framework for the control or limitation of Light Pollution, and Light Trespass throughout the city. The following information is methods in which Dark Skies have been implemented in other jurisdictions.

Light Only What You Need
 Lighting only what you need is an approach various jurisdictions have taken by limiting the number of outdoor accessory lighting installations, some of which have included the limit on landscaping lighting or building facade lighting.

Shield Light Fixture Down
 Requiring that all exterior lighting fixtures are shielded downward to prevent or limit the amount of illumination of areas that are not necessary to be well-lit during evening hours.

Automatic Timer & Motion Sensors
 Timer & Motion Sensors to automatically turn off and on any lighting. 54 Agenda Item # 6.

Subject: Dark Skies Discussion
October 18, 2023 Page 4
Warm Light (Maximum 3000 Kelvin)
 Utilization of “Warm Light” tones help to reduce the amount of “lighting bleed” or reflectivity of exterior spaces.

Light Trespass Allowance
 The amount of light that illuminates adjacent property or unintended areas. This occurs from type of fixture, type of lighting source, level of lumens and level of kelvin.

Light Curfew
 Limit and restrict the time of exterior lighting that is allowed through the city. Light curfew also utilizes automatic dimmers, timers, and motion sensors.

Standard Exemptions
 Standard exemptions are necessary for the safe and effective use of public and private property throughout the city. Areas such as roadways, sidewalks, parking areas should be exempt or allowed increased lighting coverage due to the vehicular and pedestrian safety concerns. Additionally, a standard exemption which allows for security lighting in specific circumstances should be included. 55 Agenda Item # 6.

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.

November 14, 2023
Closed Session: TBD
Study Session: TBD
AGENDA TITLE: DEPARTMENT:

SPECIAL ITEMS:

CONSENT:

Joint Intercepting Sewer Rehabilitation Project PW
Accept the 2022 Annual Street Resurfacing and City Alley Resurfacing Project PW Acceptance of the Council Chamber AV Project PW
Budget Appropriation for Rectangular Rapid-Flashing Beacon (RRFB) Project PW PCI Report PW
PUBLIC HEARING:

Waive First Reading and Introduce Housing Element Ordinance Dev. Svcs.

DISCUSSION ITEMS:

Review of Teleconferencing Policy CM
56 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.

November 28, 2023
Closed Session: TBD
Study Session: TBD
AGENDA TITLE: DEPARTMENT:

SPECIAL ITEMS:

CONSENT:

RFP – Audit Services FIN
Waive Second Reading and Adopt Housing Element Ordinance Dev. Svcs.

PUBLIC HEARING:

DISCUSSION ITEMS:

December 5, 2023
City Council Reorganization
Remaining 2023 City Council agenda calendar items are pending and will be published at a later date. 57 Agenda Item # 7.

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 58 Agenda Item # 7.

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
59 Agenda Item # 7.

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 60 Agenda Item # 7.

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 61 Agenda Item # 7.

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 62 Agenda Item # 7.