RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
INSTRUCTING THE SANTA CLARA COUNTY CONSUMER AND
ENVIRONMENTAL PROTECTION AGENCY TO ABATE NUISANCES
ARISING OUT OF HAZARDOUS VEGETATION GROWING ON PROPERTY IN THE CITY OF LOS ALTOS AS REQUIRED BY CHAPTER 11.10 OF THE
LOS ALTOS MUNICIPAL CODE
WHEREAS, the City of Los Altos began participation in the Santa Clara County Weed Abatement Program on June 25, 2024; and
WHEREAS, the City of Los Altos declared weeds, brush and/or rubbish on certain described properties to be a public nuisance at a Public Hearing on November 12, 2024; and
WHEREAS, the City of Los Altos considered any objections from the requirements of being placed on the Santa Clara County Weed Abatement Program monitoring list at a Public Hearing on January 28, 2025; and
WHEREAS, the City Council of the City of Los Altos orders the abatement of all hazardous vegetation growing on certain property within the City limits and as identified in Appendix A of this resolution.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos authorizes as follows:
1. That the Santa Clara County Consumer and Environmental Protection Agency (Agency) is hereby ordered to abate the nuisance or cause the same to be abated by having the vegetation destroyed by cutting, discing or any other method as may be determined by the Agency for the properties on the attached list.
2. That any property owner shall have the right to destroy or remove at his or her expense prior to removal of said vegetation by the Agency.
3. That the Agency shall keep an account of the cost of removing said vegetation and document such account in a report and assessment list and file the same with the City Clerk. Such report shall refer to each separate lot or parcel of land, together with the expense of removal of hazardous vegetation therefrom.
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 11
th day of February by the following vote:
AYES:
NOES:
ABSENT:
152
Agenda Item # 3.
ABSTAIN:
___________________________
Pete Dailey, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, CITY CLERK
EXHIBIT A
153
Agenda Item # 3.
Situs APN CITY/STATE
2025 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF LOS ALTOS Exhibit A
1 1183 LAURELES DR 167-10-026 TOBAGI FOUAD A 1183 LAURELES DRIVE LOS ALTOS CA 940222 410 TRAVERSO AVE 167-14-056 ZHENG JINGWEI AND CHAI YU 410 TRAVERSO AVE LOS ALTOS CA 940223 900 SANTA RITA AVE 167-14-061 FIROOZ MOHAMMAD HAMED AND 900 SANTA RITA AVE LOS ALTOS CA 940224 107 DEL MONTE AVE 167-17-026 GOUD SUNEEL AND ALIMCHANDANI 107 DEL MONTE AVE LOS ALTOS CA 940225 465 W. PORTOLA AVE 167-19-027 LAI TRACY ALYCE MARK TRUSTEE & 465 W. PORTOLA AVE LOS ALTOS CA 940226 638 TOMI LEA ST 167-23-013 HAGNERE GINETTE TRUSTEE 2801 NORMANDIE CT ESCONDIDO CA 920257 17 ALMA CT 167-28-027 JIA HONGZHONG AND CHEN WEI 580 ROSITA AVE LOS ALTOS CA 940248 394 N. SAN ANTONIO RD 167-29-062 SCHIATTARELLA ENRICO AND 61 CHESTER CIR LOS ATLOS CA 940229 110 LOS ALTOS AVE 167-35-043 DUCROHET XAVIER AND VICTORIA 110 LOS ALTOS AVE LOS ALTOS CA 9402210 987 ACACIA AV 170-01-043 GQ FIRST INC 97 BOSTON AVE SAN JOSE CA 9512811 4646 EL CAMINO 170-01-088 GUAN & LIU LLC P.O. BOX 1003 LOS ALTOS CA 9402312 4848 EL CAMINO 170-02-055 TS 4846 ECR LLC 12230 SARATOGA SARATOGA CA 9507013 4898 EL CAMINO 170-03-085 ADL 15 LLC 329 S SAN ANTONIO RD, UNTI LOS ALTOS CA 9402214 706 CASITA WY 170-04-020 HERLINGER, DAVID 706 CASITA WAY LOS ALTOS CA 9402215 84 ALVARADO AVE 170-15-005 COLE HENRY A JR AND ARLENE C 84 ALVARADO AVE LOS ALTOS CA 9402216 226 SOLANA DR 170-21-025 ANGULO ROBERT TRUSTEE & ET AL 411 PACO DR LOS ALTOS CA 9402417 241 SUNKIT LN 170-22-020 MEHTA SAGAR TRUSTEE & ET ALL 1595 MORTON AVE LOS ALTOS CA 9402418 215 ANGELA DR 170-24-041 ANGELA GROUP LLC 10229 SCENIC BLVD CUPERTINO CA 9501419 245 HAWTHORNE AVE 170-26-076 245 HAWTHORNE LLC 873 SANTA CRUZ AVE UNIT MENLO PARK CA 9402520 166 LYELL ST 170-37-062 ARON NAVNEET 166 LYELL ST LOS ALTOS CA 9402221 140 LYELL ST 170-39-043 LYELL LLC 840 MORENO AVE PALO ALTO CA 9430322 136 PEPPER DR 170-40-054 HAMILTON KRISTINE K AND GARY G 136 PEPPER DR LOS ALTOS CA 9402223 175 BEVERLY LN 170-43-009 BENDER CAROL A 175 BEVERLY LANE LOS ALTOS CA 9402224 562 PALM AVE 175-16-008 562 PALM LLC 562 PALM AVE LOS ALTOS CA 94022-3530 24 records of 57 Santa Clara County Weed Abatement Program Page 1 154 Agenda Item # 3.
Situs APN CITY/STATE
2025 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF LOS ALTOS Exhibit A
25 655 WASHINGTON ST 175-17-035 ELEANOR VALLEY LLC 221 YERBA BUENA AVE LOS ALTOS CA 9402226 782 UNIVERSITY AVE 175-18-031 WONG ERIC TRUSTEE 782 UNIVERSITY AVE LOS ALTOS CA 9402227 604 MILVERTON RD 175-19-042 GIOVANNOTTO ROBERTO M P.O. BOX 210 PALO ALTO CA 9430228 1169 GOLDEN WA 189-10-027 ROCKHOLD STEVEN A TRUSTEE & ET 1169 GOLDEN WAY LOS ALTOS CA 9402429 968 LINDA VISTA WA 189-12-018 FENG YUAN AND HU LIUYI TRUSTEE 968 LINDA VISTA WAY LOS ALTOS CA 9402430 1540 MIRAMONTE AVE 189-15-085 POS GROUP MIRAMONTE LLC 137 ELM STREET SAN CARLOS CA 9407031 718 RONALD CT 189-19-003 718 RONALD LIMITED PARTNERSHIP 22330 SANTA PAULA AVE CUPERTINO CA 9501432 16 OTIS WA 189-35-038 ZHOU HUAPENG AND QI NITING 16 OTIS WAY LOS ALTOS CA 9402233 675 PACO DR 189-37-036 WONG NORMAN D AND EUGENIA L 1600 TROUSDALE DR BURLINGAME CA 9401034 645 PACO DR 189-37-039 OKADA RALPH T P.O. BOX 2396 SUNNYVALE CA 9408735 629 BENVENUE AVE 189-38-079 TUNG CHIEN-CHIH TRUSTEE & ET A 629 BENVENUE AV LOS ALTOS CA 9502436 674 TERESI LN 189-40-039 HINDMAN STEVEN MICHAEL AND 674 TERESI LN LOS ALTOS CA 9402437 847 RIVERSIDE DR 189-43-020 RIVERSIDE DR LLC 13717 FORTUNA CT SARATOGA CA 95070-524238 1065 ECHO DR 189-46-019 GUO FONG-CHIH AND LIOU HUOY-YU1065 ECHO DR LOS ALTOS CA 9402439 960 ECHO DR 189-46-028 RUGTIV BARBARA M TRUSTEE & ET 22526 ADOBE LN LOS ALTOS HILLS CA 9402240 571 EL MONTE AVE 189-51-056 WANG JOHN B AND WONG LYDIA A 571 S. EL MONTE AVE LOS ALTOS CA 9402241 562 BENVENUE AVE 189-52-064 SADAKIAN AVEDIS A AND ARO 562 BENVENUE AVE LOS ALTOS CA 9402442 705 VISTA GRANDE AV 189-58-070 TAWARI SANDESH AND SHIKHA 705 VISTA GRANDE AVE. LOS ALTOS CA 9402443 924 O'DELL WY 193-27-012 ROH YOUSIK AND CHUNG KRISTY 924 O'DELL WAY LOS ALTOS CA 9402444 1225 CARMEL TER 193-43-014 ROSS ELIZABETH TRUSTEE 1225 CARMEL TER LOS ALTOS CA 9402445 1375 RANCHITA DR 197-18-012 LION DAVID N 1375 RANCHITA DR LOS ALTOS CA 9402446 1882 AUSTIN AVE 318-05-037 GHANDCHI ALI SARAYDAR AND 394 FARLEY STREET MOUNTAIN VIEW CA 9404347 1347 RICHARDSON AVE 318-07-008 FIRST SOUTHERN BAPTIST CHURCH 1347 RICHARDSON AVE LOS ALTOS CA 94024-613548 1925 CHURTON AVE 318-15-033 MCGHEE GLENN E AND BONNIE J 1925 CHURTON AVE LOS ALTOS CA 94024 48 records of 57 Santa Clara County Weed Abatement Program Page 2 155 Agenda Item # 3.
Situs APN CITY/STATE
2025 WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF LOS ALTOS Exhibit A
49 1948 CHURTON AV 318-15-070 KELLOGG LEOLA J TRUSTEE 1948 CHURTON AVE LOS ALTOS CA 9402450 1561 LANDELL CT 318-17-018 AGRAWAL MOHIT AND BHUTANI 1796 JUAREZ AVE LOS ALTOS CA 94024-681351 2011 CRIST DR 318-23-033 FARMER KAREN Q 2011 CRIST DRIVE LOS ALTOS CA 9402452 2005 CRIST DR 318-23-035 CHIOTTI GREGORY L TRUSTEE 2005 CRIST DR LOS ALTOS CA 9402453 849 STARLITE LN 336-02-053 TURAIDS IVONNA A TRUSTEE & ET 849 STARLITE LANE LOS ALTOS CA 9402454 1590 VINEYARD DR 342-02-046 SHEAR HERBERT AND MAT TRUSTEE 1590 VINEYARD DRIVE LOS ALTOS CA 9402455 510 SEQUOIA DR 342-03-049 LEE SANG JUN & JEONG HEE YOUNG 510 SEQUOIA DRIVE LOS ALTOS CA 9402456 1816 GRANGER AVE 342-07-063 DEGIULI ANGELO AND FRANCHINI 1816 GRANGER AVE LOS ALTOS CA 9402457 1964 DEODARA DR 342-25-010 WU ROBERT S AND LI-CHUN C 1964 DEODARA DRIVE LOS ALTOS CA 94024 57 records of 57 Santa Clara County Weed Abatement Program Page 3 156 Agenda Item # 3.
City Council Agenda Report
Meeting Date: February 11, 2025
Prepared By: Scott Reeves
Approved By: Gabriel Engeland
Subject: Adopt a Resolution to Grant an Easement to Pacific Gas & Electric Company for Public Utilities
COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to grant an easement to Pacific Gas & Electric Company (PG&E) for public utilities associated with the City Hall expansion project located at 1 North San Antonio Road, APN 170-42-029.
POLICY QUESTION(S) FOR COUNCIL CONSIDERATION
Does City Council wish to direct staff to grant an easement to PG&E for the proposed transformer associated with the electrical service upgrade for the City Hall Expansion into the Youth Center Building (CF-01044)?
FISCAL IMPACT
None.
ENVIRONMENTAL REVIEW
The proposed project is exempt from environmental review pursuant to section 15301 of the state guidelines for the California Environmental Quality Act (CEQA).
PREVIOUS COUNCIL CONSIDERATION
None.
DISCUSSION/ANALYSIS
The City Hall Expansion into Youth Center Building (CF-01044) includes a planned upgrade of the electrical service, including a new transformer. PG&E has several existing public utility easements within the Civic Campus, granting them the right to access, construct, maintain, inspect, and use electricity, gas, and communication public utility facilities. This easement will incorporate 157
Agenda Item # 4.
the proposed CF-01044 infrastructure into the network of land rights already granted to PG&E by the City. The approximate area of the easement is 400 square feet.
ATTACHMENTS
1. Resolution No. 2025-xxx
158
Agenda Item # 4.
Resolution No. 2025-__ Page 1
RESOLUTION NO. 2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
AUTHORIZING THE CITY MANAGER TO GRANT AN EASEMENT TO
PACIFIC GAS & ELECTRIC COMPANY FOR PUBLIC UTILITIES
ASSOCIATED WITH THE CITY HALL EXPANSION INTO THE YOUTH
CENTER BUILDING (CF-01044)
WHEREAS, the City Hall Expansion into the Youth Center Building requires a new transformer to accommodate the proposed electrical service upgrade; and WHEREAS, Pacific Gas & Electric Company is the public utilities company that services the City of Los Altos facilities: and
WHEREAS, Pacific Gas & Electric Company requires an easement to access, construct, maintain, inspect, and use the proposed transformer equipment; and WHEREAS, the proposed project is exempt from environmental review pursuant to section 15301 of the state guidelines for the California Environmental Quality Act (CEQA).
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:
1. Authorizes the City Manager to grant an easement to Pacific Gas & Electric Company for public utilities associated with the City Hall Expansion into the Youth Center Building (CF-01044).
2. Authorizes the City Manager to take such further actions as may be necessary to implement the foregoing agreement.
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 14th day of January 2025 by the following vote:
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AYES: Councilmembers
NOES: None
159
Agenda Item # 4.
Resolution No. 2025-__ Page 2
ABSENT: None
ABSTAIN: None
___________________________
Pete Dailey, MAYOR
Attest:
__________________________________
Melissa Thurman, MMC
City Clerk
160
Agenda Item # 4.
City Council Agenda Report
Meeting Date: February 11, 2025
Prepared By: Gabriel Engeland
Approved By: Gabriel Engeland
Subject: License Agreement With New Cingular Wireless PCS, LLC for Construction of an 80-Foot-Tall Wireless Telecommunications Facility at 707 Fremont Ave (Los Altos Maintenance Facility at McKenzie Park).
COUNCIL PRIORITY AREA
☒Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☒Neighborhood Safety Infrastructure
☒General Government
RECOMMENDATION
Approve the license agreement with New Cingular Wireless PCS, LLC for the construction and placement of an 80-foot-tall wireless telecommunications facility (monopine) and associated equipment.
FISCAL IMPACT
If approved, New Cingular Wireless PCS, LLC will pay to the City:
1. $4,300 per month, or $51,600 annually, with a 3% increase taking place annually beginning in year two (2) of the initial term;
2. $2,500 in a one-time administrative fee
ENVIRONMENTAL REVIEW
This project is categorically exempt from environmental review under Section 15303 (“New Construction or Conversion of Small Structures”) of the California Environmental Quality Act (CEQA).
PREVIOUS COUNCIL CONSIDERATION
None.
BACKGROUND
On December 5, 2024 the Planning Commission reviewed and unanimously approved the project plans, project photo simulations, service coverage maps, radiofrequency exposure study, and public correspondence for this project.
The staff report and attachments to the Planning Commission has been included as background information to the proposed license agreement.
161
Agenda Item # 5.
ANALYSIS
The Planning Commissions decision on the Conditional Use Permit application is final unless appealed to Council. The Planning Commission approved the application, and it was not appealed.
Based on this approval, the City Council will consider the attached license agreement (attachment 2) with New Cingular Wireless PCS, LLC for use of a portion of the property at 707 Fremont Ave. to accommodate the wireless telecommunications facility.
DISCUSSION
If the license agreement is approved, New Cingular Wireless, LLC will construct an 80-foot-tall wireless telecommunications facility (monopine) and place, along with associated equipment, at 707 Fremont Ave.
ATTACHMENTS
1. Resolution (license agreement)
2. New Cingular Wireless License Agreement
3. December 05, 2024 Planning Commission Agenda Report
4. Project Plans
5. Project Photo Simulations
6. Service Coverage Maps
7. Radio Frequency Exposure Study
8. Public Correspondence to Planning Commission
162
Agenda Item # 5.
RESOLUTION NO. 2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS APPROVING A CONDITIONAL LICENSE AGREEMENT TO ALLOW AN 80-FOOTTALL WIRELESS TELECOMMUNICATIONS FACILITY (“MONOPINE”) AND ASSOCIATED EQUIPMENT AT 707 FREMONT AVENUE
WHEREAS, on February 11, 2025 the City Council approved the license agreement to allow the construction of an 80-Foot-Tall wireless telecommunications facility and associated equipment to be constructed at 707 Fremont Avenue; and
WHEREAS, the license agreement requires New Cingular Wireless to pay monthly to the City of Los Altos $4,300, with a 3% increase taking place annually beginning in year two (2) of the initial term in addition to a one-time administrative fee payment of $2,500; and WHEREAS, on August 8, 2024, the applicant, Eric Lentz, representing AT&T, submitted an application requesting approval of a Conditional Use Permit to construct an 80-foot-tall wireless telecommunications facility designed as a faux tree (“monopine”) and associated equipment within a 750 square foot lease area at the City of Los Altos Municipal Services Center (MSC) at 707 Fremont Avenue; and
WHEREAS, Los Altos Municipal Code Section 14.80.050 (A)(1) grants the Planning Commission authority to approve Conditional Use Permits for monopole wireless facilities that comply with applicable zoning regulations; and
WHEREAS, approving the Conditional Use Permit project is categorically exempt from environmental review under Section 15303 (“New Construction or Conversion of Small Structures”) of the California Environmental Quality Act (CEQA) because the combined floor area of all associated structures will not exceed 2,500 square feet, the project will not involve use of hazardous materials, the PCF zone district allows wireless facilities as a conditionally permitted use, the site is, and will continue to be served by all necessary public services and utilities, and no sensitive habitat exists at or near the site; and
WHEREAS, the project application was found to be consistent with all applicable provisions of the Los Altos Municipal Code and General Plan; and
WHEREAS, the project was processed in accordance with the applicable provisions of the Los Altos Municipal Code, California Government Code, and applicable federal laws; and WHEREAS, the Planning Commission finds that the wireless facility complies with all applicable provisions of federal law, including the United States Communications Act; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Conditional Use Permit on December 5, 2024 and considered the written record and all public comment; and
163
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Resolution No. PC 2024-XX Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby approves the license agreement between the City of Los Altos and New Cingular Wireless PCS, LLC to allow an 80-foot-tall wireless telecommunications facility designed as a faux tree (“monopine”) and associated equipment within a 750 square foot lease area at the City of Los Altos Municipal Services Center (MSC) at 707 Fremont Avenue. in accordance with Section
14.80.060 and 11.12.080 of the Municipal Code, based on the following findings attached hereto as “Exhibit A” and conditions of approval attached hereto as “Exhibit B” and incorporated by this reference, and approved by the Planning Commission of the City of Los Altos.
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 February 11, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pete Dailey, MAYOR
Attest:
_________________________________
Melissa Thurman, MMC
CITY CLERK
164
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Resolution No. PC 2024-XX Page 3
EXHIBIT A
FINDINGS
With regard to the Conditional Use Permit for the project, the Planning Commission finds, in accordance with Section 14.80.060 of the Los Altos Municipal Code, that:
A. That the proposed location of the conditional use is desirable or essential to the public health, safety, comfort, convenience, prosperity, or welfare because the proposed wireless facility will serve to remedy a significant gap in wireless coverage in the immediate project vicinity, the facility will comply with Federal Communications Commission (FCC) requirements related to radiofrequency (RF) emissions, the facility will comply with applicable noise standards of the Los Altos Municipal Code, and the facility is designed to comply with all applicable design and development standards, and to be as visually disguised as possible;
B. That the proposed location of the conditional use is in accordance with the objectives of the zoning plan as stated in Chapter 14.02 of this title because granting of the Conditional Use Permit will provide for an appropriate location for a needed facility, which will aid in the provision of wireless coverage for residents, visitors, and emergency responders in the City of Los Altos;
C. That the proposed location of the conditional use, under the circumstances of the particular case, will not be detrimental to the health, safety, comfort, convenience, prosperity, or welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity because the facility will comply with Federal Communications Commission (FCC) requirements related to radiofrequency (RF) emissions, applicable noise standards of the Los Altos Municipal Code, and applicable Fire and Building Code requirements;
D. That the proposed conditional use will comply with the regulations prescribed for the district in which the site is located and the general provisions of Chapter 14.02 because the proposed wireless facility and associated equipment will comply with all applicable standards of the PCF zone district;
E. The Planning Commission finds the project is categorically exempt from environmental review under Section 15303 (“New Construction or Conversion of Small Structures”) of the California Environmental Quality Act (CEQA). This exemption applies when a project involves construction of one or more structures with a combined floor area of up to 2,500 square feet if the project does not involve use of significant amounts of hazardous materials, and the site is zoned for the proposed use, is served by all necessary public services, and the surrounding area is not environmentally sensitive. The total combined footprint of the proposed monopine and associated equipment is less than 750 square feet, the project will not involve use of hazardous materials, the PCF zone district allows wireless facilities as a conditionally permitted use, the site is, and will continue to be served by all necessary public services and utilities, and no sensitive habitat exists at or near the site, therefore the “New 165
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Resolution No. PC 2024-XX Page 4
Construction or Conversion of Small Structures” categorical exemption from CEQA applies and no additional environmental review is required.
Additionally, with regard to the Conditional Use Permit for the project, the Planning Commission finds, in accordance with Section 11.12.080 of the Los Altos Municipal Code, that:
A. Where a wireless telecommunication facility requires a telecom use permit as provided for in this chapter, the city shall not approve any application unless, all of the following findings are made:
1. The proposed facility complies with the locational and siting standards set forth in Chapter 14.85 and with all applicable building, electrical and fire safety codes because the wireless facility is sited to comply with all applicable setback and separation standards of the Los Altos Municipal Code. Additionally, the City of Los Altos Building Official and Santa Clara County Fire Department have reviewed the application and anticipate it will comply with all applicable building, electrical and fire safety codes. Before construction of the facility can commence, the applicant will be required to obtain a building permit, during which Staff will review detailed construction drawings to verify compliance with all applicable building, electrical and fire safety codes;
2. The proposed facility complies with all applicable provisions of Chapter 14.85 and with the Wireless Telecommunications Facilities Design Guidelines (“Design Guidelines”) adopted by the City because the wireless facility complies with all applicable development standards of the underlying zone, including setback and separation standards, the applicant has presented sufficient evidence demonstrating their need to locate in a “less preferred location” in order to close a significant coverage gap, and the monopine will comply with the Design Guidelines because the faux tree design will replicate the shape, structure, and color of live trees, will look similar to the tree species it intends to replicate, and that branching will not make the tree look topheavy or unnatural;
3. The proposed facility complies with all applicable building, electrical and fire safety codes because the City of Los Altos Building Official and Santa Clara County Fire Department have reviewed the application and anticipate it will comply with all applicable building, electrical and fire safety codes. Before construction of the facility can commence, the applicant will be required to obtain a building permit, during which staff will review detailed construction drawings to verify compliance with all applicable building, electrical and fire safety codes;
4. The proposed facility has been designed and located to achieve compatibility with the community to the maximum extent reasonably feasible because the facility will be in a corporation yard surrounded by compatible municipal service land uses, and the facility is sited and designed to be minimally obtrusive to the community; 166
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5. The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where collocation would not harm community compatibility. The applicant has submitted a written statement to the City demonstrating their willingness to allow future collocations, and any future collocation will be required to obtain all necessary permits and comply with all applicable requirements at the time of the collocation proposal.
B. In addition to the findings in subsection A of this section, approval of a wireless telecommunications facility permit for a facility that will be located in the public right-ofway may be granted only if the following findings are made by the city:
These findings are not applicable because the proposed wireless facility is not located in the public right of way.
C. A copy of any decision on an application made under this section shall be provided to the applicant, and to any party who submitted comments to the City Manager (or designee) pursuant to notice required by this chapter. Decisions shall also be posted on the Los Altos website within twenty-four (24) hours of their issuance or as soon as reasonably practicable, in a manner clearly identifying the application to which the decision relates. In addition, the decision shall also be posted on the site of the proposed wireless telecommunications facility. Following a decision from the Planning Commission, City Staff will comply with all posting and noticing requirements described in Section
11.12.080(C) of the LAMC.
167
Agenda Item # 5.
Resolution No. PC 2024-XX Page 6
EXHIBIT B
CONDITIONS OF APPROVAL
PLANNING DIVISION
1. Approved Plans: The permittee must construct, install, and operate the wireless telecommunications facility in strict compliance with the approved plans (Application CUP24-0001), except as modified by these conditions as specified below. The permittee shall submit an as-built drawing within ninety (90) days after installation of the facility.
2. Conditions Shall be Binding: All conditions of approval shall be binding as to the applicant and all successors in interest to permittee.
3. Incorporation of Conditions of Approval: Before the permittee submits any application for a building permit or other permits required by the Los Altos Municipal Code, the permittee must incorporate the wireless telecommunication facility permit granted under this chapter, all conditions associated with the wireless telecommunications facility permit, and any photo simulations (collectively known as the "approved plans") into the project plans.
4. Fence and Parking Stall Location: The building permit plans shall be revised to shift the proposed gate and AT&T access easement and parking stall to the northwest corner of the lease area to maximize usable space for the equipment associated with potential future collocations. The final location of the gate, easement and parking stall will be subject to approval of the Development Services Director.
5. Compliance with City Standards: The wireless telecommunications facility shall meet all applicable city standards including but not limited to building, fire, electrical, mechanical, structural standards, and requirements to ensure safe installation and operation of the facility.
6. Expiration: This Permit is valid for a period of twenty-four months and will expire on December 5, 2026, unless prior to the date of expiration, a building permit for the project is issued, or an extension is granted pursuant to the procedures and timeline for extensions in the Los Altos Municipal Code.
7. Lease or License Agreement: This Conditional Use Permit shall not vest unless a lease or license agreement is finalized between the property owner of the subject site (City of Los Altos) and the permittee (AT&T).
8. Notice of Right to Protest: The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions.
Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day period in 168
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which you may protest these fees, dedications, reservations, and other exactions pursuant to Government Code Section 66020(a) began on the date of approval of this project. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.
9. Indemnify and Hold Harmless: The permittee shall defend, indemnify, protect and hold harmless the city, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers to attack, set aside, void or annul, an approval of the city, planning commission or city council concerning this permit and the project. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The city shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit the city from participating in a defense of any claim, action or proceeding. The city shall have the option of coordinating the defense, including, but not limited to, choosing counsel for the defense at the permittee's expense.
10. Conditional Use Permit Revocation: Pursuant to Los Altos Municipal Code Section
14.80.080, a use permit may be revoked by the Planning Commission, or whichever body initially approved the permit, based upon a determination by the Development Services Director or their designee that the holder of the permit has failed to comply with any condition thereof or has violated any applicable provision of the Los Altos Municipal Code.
The revocation procedure shall be the same as prescribed in this chapter for the initial Conditional Use Permit.
11. Future Relocation of Telecommunication Facilities: Should the property and/or building(s) undergo redevelopment, expansion, or major modifications in the future, the Development Services Director reserves the right to require relocation or removal of any or all telecommunication equipment, including permanent or temporary monopole, enclosures, generators, or accessory equipment affiliated with the operations of the wireless facility. Any relocation of the facility is subject to permits from the Planning and Building Inspection Divisions.
12. Building Permit Plans: Before the permittee submits any application for a building permit or other permits required by the Los Altos Municipal Code, the permittee must incorporate the wireless telecommunication facility permit granted under this chapter, all conditions associated with the wireless telecommunications facility permit, and any photo simulations (collectively known as the "approved plans") into the project plans.
13. Certification of Building Permit Plans: In a letter, the project architect or engineer of record shall certify the design shown in the building permit plans match the approved plans, except as modified by these Conditions of Approval. Any changes or modifications must be clearly noted in writing and shown on redlined plan sheets. The project architect or 169
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engineer of record shall also certify the structural plans are consistent with the architectural plans. In the event of a discrepancy between the structural plans and the architectural plans, the architectural plans shall take precedence, and revised structural drawings shall be submitted to the Building Division.
14. Equipment Removal: The operator of a telecommunications facility shall be required to remove all unused or abandoned equipment, antennas, poles, towers, and equipment enclosures if the facility has not been operational for the purposes for which it was approved by the City for a consecutive period of six (6) months. A facility is considered abandoned if it no longer provides communication or data services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than thirty (30) days following the end of the applicable cessation period. It is the responsibility of the tower owner to remove the tower, equipment enclosures, and equipment ancillary to the tower in order to restore the site to its original condition.
15. Mechanical Equipment Noise: The noise emitted by any mechanical equipment shall not exceed a level of 55 dB(A) during the day or 45 dB(A) during the night, 10:00 p.m. to 7:00 a.m., when measured at any location on the adjoining residentially used properties, or 60 dB(A) during the day or 55 dB(A) during the night, 10:00 p.m. to 7:00 a.m., when measured at any location on the adjoining commercially used properties. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 7:00 a.m. and 5:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the Development Services Director. Backup generators, if permitted, shall only be operated during periods of power outages or for testing.
16. Construction Noise Reduction: The following noise reduction measures shall be incorporated into construction plans and contractor specifications to reduce the impact of temporary construction-related noise on nearby properties: (a) comply with manufacturer’s muffler requirements on all construction equipment engines; (b) turn off construction equipment when not in use, where applicable; (c) locate stationary equipment as far as practical from receiving properties; (d) use temporary sound barriers or sound curtains around loud stationary equipment if the other noise reduction methods are not effective or possible; and (e) shroud or shield impact tools and use electric-powered rather than dieselpowered construction equipment.
17. Site Maintenance: For the life of the project, the permittee shall be responsible for the maintenance of all facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:
A. General dirt and grease;
B. Chipped, faded, peeling and cracked paint;
C. Rust and corrosion;
D. Cracks, dents and discoloration;
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F. Graffiti, bills, stickers, advertisements, litter and debris; G. Any damage from any cause.
The permittee, at no cost to the city, shall remove and remediate any graffiti or other vandalism at the site within forty-eight (48) hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism has occurred.
18. Permittee Contact Information: Prior to issuance of the building permit, the permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. The permittee shall notify the city of any changes to the information submitted within seven days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:
A. Identity, including the name, address and 24-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.
B. The legal status of the owner of the wireless telecommunications facility, including official identification numbers and FCC certification.
19. Interference with Access: The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the City reasonable access to and maintenance of, all utilities and infrastructure within or adjacent to the site, including, but not limited to, below grade sewer and storm drain infrastructure, pavement, trees, public utilities, lighting and public signage.
20. Required Signage: At all times, all required notices and signs shall be posted on the site as required by the FCC and California Public Utilities Commission, and as approved by the City as part of the building permit. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved building permit plans.
21. Radiofrequency (RF) Emissions: If the City Manager determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed FCC standards, the City Manager may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer, certifying that the facility is in compliance with such FCC standards.
22. Annual Certification: Each year on July 1, the permittee shall submit an affidavit that shall list all facilities it owns within the city by location and shall certify that (a) each such installation remains in use, (b) such in-use facility remains covered by insurance in the amount required by Municipal Code Section 11.12.070.A.11; and (c) each installation which is no longer in use. Any facility that is no longer in use shall be removed by permittee within sixty (60) days of delivery of the affidavit
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23. Regulatory Requirements: At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration. The permittee shall conduct onsite testing to ensure the facility is in compliance with all radio frequency emissions standards adopted by the FCC. Tests shall occur upon commencement of operations, and annually thereafter. Copies of the reports from such testing shall be submitted to the city within thirty (30) days of the completion of testing. The city may retain a consultant, at the cost of the permittee, to perform testing to verify compliance with current regulatory and operational standards.
24. Performance Standards: To minimize environmental effects of installation and operations, wireless telecommunications facilities shall comply with the following performance standards:
A. Where ground disturbance is required for installation of a wireless telecommunications facility, applicable best management practices (BMPs) shall be implemented to minimize loss or topsoil and site erosion and to reduce diesel particulate (PM10) and PM2.5 emissions.
B. In the event of an unanticipated discovery of historical, archaeological, or Tribal cultural resources during construction, ground-disturbing activities shall be halted until a city-approved qualified consulting archaeologist assesses the significance of the find according to CEQA Guidelines §15064.5. If any find is determined to be a potential Tribal cultural resource or a unique archaeological resource, the city, consulting archaeologist, and the applicable Tribal authority would determine the appropriate measures to be taken. Any Tribal cultural resources identified would be subject to Tribal mitigation requirements. Any archaeological resources recovered would be subject to scientific analysis, professional museum curation, and documentation according to current professional standards.
C. Installations of wireless telecommunications facilities shall meet the most current California Building Code standards required at the time of construction to reduce the potential for substantial adverse effects related to ground shaking.
D. In the event of an unanticipated discovery during project construction, grounddisturbing activities shall be halted until a qualified paleontologist meeting the Society of Vertebrate Paleontology (SVP) Standards determines their significance, and, if significant, supervises their collection for curation. Any fossils collected during sitespecific development project-related excavations, and determined to be significant by the qualified paleontologist, shall be prepared to the point of identification and curated into an accredited repository with retrievable storage.
E. Noise generated by equipment will not be detrimental to the public health, safety and welfare and shall not exceed the standards set forth in Chapter 6.16 of the Municipal Code.
25. Basic Air Quality Construction Measures: The applicant shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) to reduce fugitive dust emissions. 172
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Emission reduction measures will include, at a minimum, the following measures: (a) all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times per day; (b) all haul trucks transporting soil, sand, or other loose material off-site will be covered; (c) all visible mud or dirt track-out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; (d) all vehicle speeds on unpaved roads will be limited to 15 mph; (e) all roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used; (f) all excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph; (g) all trucks and equipment, including their tires, shall be washed off prior to leaving the site; (h) Unpaved roads providing access to site located 100 feet of further from a paved road shall be treated with a 6- to 12-inch layer of compacted later of wood chips, mulch, or gravel; (i) publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall be visible to ensure compliance with applicable regulations.
26. Basic Air Quality Construction Equipment Particulate Matter Exhaust Emission Measures: The applicant shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) to reduce DPM emissions by 60 percent such that increased cancer risk and annual PM2.5 concentrations from construction. Emission reduction measures will include, at a minimum, the following measures:
(a) All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA Tier 4 interim emission standards for PM (PM10 and PM2.5), if feasible, otherwise,
If use of Tier 4 interim equipment is not available, alternatively use equipment that meets U.S. EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices that altogether achieve a 60 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment; alternatively (or in combination). (b) Alternatively, the applicant may develop another construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 60 percent or greater. Elements of the plan could include a combination of some of the following measures:
Implementation of No. 1 above to use Tier 4 interim engines or alternatively fueled equipment,
Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors,
Use of electrically powered equipment,
Forklifts and aerial lifts used for exterior and interior building construction shall be electric or propane/natural gas powered,
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Implementation of different building techniques that result in less diesel equipment usage.
27. Discovery of Contaminated Soils: If contaminated soils are discovered, the applicant will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants. Engineering controls and construction BMPs will include, but not be limited to, the following: (a) contractor employees working on-site will be certified in OSHA’s 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; (b) the contractor will stockpile soil during redevelopment activities to allow for proper characterization and evaluation of disposal options; (c) the contractor will monitor area around construction site for fugitive vapor emissions with appropriate field screening instrumentation; (d) the contractor will water/mist soil as it is being excavated and loaded onto transportation trucks; (e) the contractor will place any stockpiled soil in areas shielded from prevailing winds; and (f) the contractor will cover the bottom of excavated areas with sheeting when work is not being performed.
28. Discovery of Archaeological Resources: If prehistoric or historic-period cultural materials are unearthed during ground-disturbing activities, it is recommended that all work within 100’ of the find be halted until a qualified archaeologist and Native American representative can assess the significance of the find. Prehistoric materials might include obsidian and chertflaked stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (“midden”) containing heat-affected rocks and artifacts; stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered-stone tools, such as hammerstones and pitted stones. Historic-period materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse. If the find is determined to be potentially significant, the archaeologist, in consultation with the Native American representative, will develop a treatment plan that could include site avoidance, capping, or data recovery.
29. Discovery of Human Remains: In the event of the discovery of human remains during construction or demolition, there shall be no further excavation or disturbance of the site within a 50’ radius of the location of such discovery, or any nearby area reasonably suspected to overlie adjacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to their authority, the Coroner shall notify the Native American Heritage Commission, which shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the landowner shall reinter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. A final report shall be submitted to the City’s Development Services Director prior to release of a Certificate of Occupancy. This report shall contain a description of the mitigation programs and its results, including a description of the monitoring and testing resources analysis methodology and conclusions, and a description of the disposition/curation of the 174
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resources. The report shall verify completion of the mitigation program to the satisfaction of the City’s Development Services Director.
30. Discovery of Paleontological Resources: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards.
BUILDING DIVISION
31. Building Permit: A building permit is required for the project and building design plans shall comply with the latest applicable adopted standards. The applicant shall submit supplemental application materials as required by the Building Division to demonstrate compliance.
32. Structural Calculations: Structural calculations will be required once the application for a building permit is submitted.
33. Work Hours/Construction Site Signage: No work shall commence on the job site prior to 7:00 a.m. nor continue later than 5:30 p.m., Monday through Friday, from 9 a.m. to 3 p.m. Saturday, and no work is permitted on Sunday or any holiday. The general contractor, applicant, developer, or property owner shall erect a sign at all construction site entrances/exits to advise subcontractors and material suppliers of the working hours and contact information, including an after-hours contact.
34. Disturbance Coordinator: The applicant shall designate a “disturbance coordinator” who will be responsible for responding to any local complaints regarding construction noise.
The coordinator (who may be an employee of the general contractor) will determine the cause of the complaint and will require that reasonable measures warranted to correct the problem be implemented. A telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site fence and on the notification sent to neighbors adjacent to the site. The sign must also list an emergency after-hours contact number for emergency personnel.
35. Geotechnical Report: The applicant shall have a design-level geotechnical investigation prepared which includes recommendations to address and mitigate geologic hazards in accordance with the specifications of California Geological Survey (CGS) Special Publication 117, Guidelines for Evaluating and Mitigating Seismic Hazards, and the requirements of the Seismic Hazards Mapping Act. The report will be submitted to the City during the building plan check, and the recommendations made in the geotechnical report will be implemented as part of the project and included in building permit drawings and civil drawings as needed. Recommendations may include considerations for design of 175
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permanent below-grade walls to resist static lateral earth pressures, lateral pressures causes by seismic activity, and traffic loads; method for back draining walls to prevent the buildup of hydrostatic pressure; considerations for design of excavation shoring system; excavation monitoring; and seismic design.
FIRE DEPARTMENT
36. Applicable Codes and Review: The project shall comply with the California Fire (CFC) & Building (CBC) Code, 2022 edition, as adopted by the City of Los Altos Municipal Code (LAMC), California Code of Regulations (CCR) and Health & Safety Code Review of this developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make an application to, and receive from, the Building Department all applicable construction permits.
37. Violations: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6].
38. Deferred Submittals: If required, sprinklers and fire alarm to be deferred submittals and noted on sheet A0.00.
ENGINEERING DIVISION
39. Encroachment Permit: An encroachment permit, and/or an excavation permit shall be obtained prior to any work done within the public right-of-way and it shall be in accordance with plans to be approved by the City Engineer.
40. Traffic Control Plan: Where temporary closure of a sidewalk or roadway travel lane would be necessary for installation of a wireless telecommunications facility, preparation and implementation of a Traffic Control Plan approved by the City Engineer shall be required. Should installation of a wireless telecommunications facility occur adjacent to a transit stop and require temporary relocation of the stop, the applicant for such facility shall provide needed improvements for such a temporary transit stop.
41. Municipal Regional Stormwater Permit: The project shall comply with City of Los Altos Municipal Regional Stormwater (MRP)NPDES Permit No. CA S612008, Order No.
R2-2022-0018 dated May 11, 2022. In consideration of Section C.2.
42. Americans with Disabilities Act: All improvements shall comply with Americans with Disabilities Act (ADA). The latest edition of Caltrans ADA requirements shall apply to all improvements in the public right-of-way.
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43. Public Utilities: The applicant shall contact electric, gas, communication and water utility companies regarding the installation of new utility services to the site.
44. Transportation Permit: A Transportation Permit, per the requirements specified in California Vehicle Code Division 15, is required before any large equipment, materials or soil is transported or hauled to or from the construction site. The Applicant shall pay the applicable fees before the transportation permit can be issued by the Traffic Engineer.
45. Pollution Prevention: The improvement plans shall include the city approved “Blueprint for a Clean Bay” plan sheet in all plan submittals.
46. Civil Engineering Drawings: The applicant shall submit civil engineering drawings that show property lines with bearing and easements prior to the issuance of the building permit
47. Grading and Drainage Plan: Prior to the issuance of the building permit the Applicant shall submit on-site grading and drainage plans that include (i.e. drain swale, drain inlets, rough pad elevations, building envelopes, drip lines of major trees, elevations at property lines, all trees and screening to be saved) for approval by City Engineer. No grading or pads are allowed within two-thirds of the drip line of trees unless authorized by a certified arborist and the Planning Department.
48. Underground Utility Verification: Prior to the issuance of a building permit, the applicant is required to accurately identify and document the location of the underground storm drainage system on the construction plans using potholing or other means. These plans shall demonstrate that no conflicts exist between the proposed construction and existing utilities. In the event of a conflict, the applicant is responsible for revising their design to adjust the proposed facility layout, or to realign or reconstruct the storm drainage system as necessary to resolve the issue. The applicant shall bear the full cost of any required redesign, realignment, or reconstruction. All revisions must be submitted for review and approval before the building permit can be issued. Significant redesign, as determined by the Development Services Director, may require new and/or additional permits.
49. Public Infrastructure Repairs: Prior to final approval the applicant shall repair any damaged right-of-way infrastructures and otherwise displaced curb, gutter and/or sidewalks and City’s storm drain inlet shall be removed and replaced as directed by the City Engineer or his designee.
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement”), dated as of the latter of the signature dates below (the “Effective Date”), is entered into by City of Los Altos, a California municipal corporation, having a mailing address of 707 Fremont Avenue, Los Altos, CA 94024 (collectively, (“Licensor”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“Licensee”).
BACKGROUND
Licensor owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, located at 707 Fremont Avenue, Los Altos, in the County of Santa Clara, State of California 94024 (collectively, the “Property”). Licensor desires to grant to Licensee the right to use a portion of the Property in accordance with this Agreement.
The parties agree as follows:
1. LICENSE. Licensor grants to Licensee a license to use a certain portion of the Property containing approximately 900 square feet including the air space above such ground space (up to 80’ tall), as described on attached Exhibit 1, (the “Premises”), for the placement of a Communication Facility in accordance with the terms of this Agreement.
2. PERMITTED USE. Licensee may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure (“Structure”), associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of (collectively, the "Communication Facility”), as well as the right to test, survey and review title on the Property; Licensee further has the right, but not the obligation, to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Licensee or Licensor (collectively, the “Permitted Use”). Licensor and Licensee agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Licensee's Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Licensor’s execution of this Agreement will signify Licensor’s approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Licensor grants Licensee, its subtenants, licensees and sublicensees, the right to use such portions of Licensor’s contiguous, adjoining or surrounding property (the “Surrounding Property”) as may reasonably be required during construction and installation of the Communication Facility. Licensee has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet, install a generator and to make other improvements, alterations, upgrades or additions appropriate for Licensee’s Permitted Use, including the right to construct a fence around the Premises or equipment, install warning signs to make individuals aware of risks, install protective barriers, install any other control measures reasonably required by Tenant’s safety procedures or applicable law, and undertake any other appropriate means to secure the Premises or equipment at the Licensee’s expense. Licensee agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Licensee has the right to modify, supplement, replace, upgrade, expand the Communication Facility (including, for example, increasing the number of antennas or adding microwave dishes) or relocate the Communication Facility within the Premises at any time during the Term of this Agreement. Subject to the other provisions of this Agreement, Licensee will be allowed to make such alterations to the Property in order to ensure that Licensee’s Communication Facility complies with all applicable federal, state or local laws, rules or regulations. Licensee shall exercise any rights 178
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granted hereunder in a manner calculated to cause the least interruption or interference with Licensor’s operation of Licensor’s business on the Property and shall consult with Licensor at any time where such interruption or interference may occur in order to minimize the same.
3. TERM.
(a) The initial lease term will be five (5) years (the “Initial Term”), commencing on the Effective Date. The Initial Term will terminate on the fifth (5th) anniversary of the Effective Date. (b) This Agreement will automatically renew for four (4) additional five (5) year term(s) (each additional five (5) year term shall be defined as an “Extension Term”), upon the same terms and conditions set forth herein unless Licensee notifies Licensor in writing of Licensee’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or the then-existing Extension Term. (c) Unless (i) Licensor or Licensee notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated as otherwise permitted by this Agreement prior to the end of the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter (“Annual Term”) until terminated by either party hereto by giving to the other party hereto written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term. Monthly rent during such Annual Terms shall be equal to the License Fee paid for the last month of the final Extension Term. If Licensee remains in possession of the Premises after the termination of this Agreement, then Licensee will be deemed to be occupying the Premises on a month-to-month basis (the “Holdover Term”), subject to the terms and conditions of this Agreement.
(d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the “Term.”
(e) Notwithstanding anything in this Agreement or at law to the contrary, this Agreement shall not be terminable “at will,” it may only be terminated in strict compliance with the terms set forth in this Agreement.
4. LICENSE FEE.
(a) Commencing on the issuance of a building permit (“License Fee Commencement Date”), Licensee will pay Licensor on or before the fifth (5th) day of each calendar month in advance, Four Thousand Three Hundred and No/100 Dollars ($4,300.00) (the “License Fee”), at the address set forth above. In any partial month occurring after the License Fee Commencement Date, the License Fee will be prorated. The initial License Fee payment will be forwarded by Licensee to Licensor within sixty (60) days after the License Fee Commencement Date.
(b) In year two (2) of the Initial Term, and each year thereafter, including throughout any Extension Terms exercised, the monthly License Fee will increase by three percent (3%) over the License Fee paid during the previous year.
(c) All charges payable under this Agreement such as utilities and taxes shall be billed by Licensor within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Licensor, and shall not be payable by Licensee. The foregoing shall not apply to monthly License Fee which is due and payable without a requirement that it be billed by Licensor. The provisions of this subsection shall survive the termination or expiration of this Agreement. (d) Administrative Fee: Tenant shall pay Licensor a one-time Administrative Fee in the amount of Two Thousand Five Hundred and No/100 Dollars ($2,500.00) within sixty (60) days of the Effective Date.
5. APPROVALS.
(a) Licensor agrees that Licensee's ability to use the Premises is contingent upon the suitability of the Premises for Licensee's Permitted Use and Licensee's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the “Government Approvals”). Licensor authorizes Licensee to prepare, execute and file all required applications and pay applicable planning, building and engineering fees 179
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to obtain Government Approvals for Licensee’s Permitted Use under this Agreement and agrees to reasonably assist Licensee with such applications and with obtaining and maintaining the Government Approvals. (b) Prior to the License Fee Commencement Date, Licensee, at Licensee’s sole cost and expense, has the right to obtain a title report or commitment for a title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of Licensee's choice. In the event Licensee determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory, Licensee will have the right to terminate this Agreement upon written notice to Licensor, provided that Licensee do so on or before the License Fee Commencement Date.
(c) Prior to the License Fee Commencement Date, Licensee may also perform and obtain, at Licensee’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if the Licensee’s use of the Premises will be compatible with Licensee’s engineering specifications, system, design, operations or Government Approvals. Notwithstanding the above, Licensee must obtain Licensor’s prior approval for any borings, or destructive testing that Licensee reasonable desires, and if Licensor disapproves, Licensee may terminate this Agreement upon written notice to Licensor, provided that Licensee do so on or before the License Fee Commencement Date.
6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 15 of this Agreement after the applicable cure periods; (b) by Licensee upon written notice to Licensor, if Licensee is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now and hereafter intended by Licensee, or if Licensee determines in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable, provided that Licensee do so on or before the License Fee Commencement Date; or (c) by Licensee, upon written notice to Licensor, if Licensee determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses; (d) by Licensee upon written notice to Licensor for any reason or no reason, at any time prior to commencement of construction by Licensee; or
(e) by Licensee upon sixty (60) days’ prior written notice to Licensor for any reason or no reason, so long as Licensee pays Licensor a termination fee equal to twelve (12) month’s License Fee, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Licensee under any termination provision contained in any other Section of this Agreement, including the following: Section 5 Approvals, Section 6(a) Termination, Section 6(b) Termination, Section 6(c) Termination, Section 6(d) Termination, Section 11(d) Environmental, Section 08 Condemnation or Section 19 Casualty.
7. INSURANCE. Licensee will carry during the Term, at its own cost and expense, the following insurance:
(i) “All Risk” property insurance for its property’s replacement cost, which coverage Licensee may self-insure; (ii) commercial general liability insurance with a limit of liability of Two Million Five Hundred Thousand Dollars ($2,500,000) combined single limit for bodily injury or death/property damage arising out of any one occurrence and in the aggregate; and (iii) Workers’ Compensation Insurance as required by law. Licensor will be included as an Additional Insured on the commercial general liability policy by endorsement as respects this agreement, with respect to Licensor’s liability caused in whole or in party by its interest in the Property.
8. INTERFERENCE.
(a) Where there are existing radio frequency user(s) on the Property as of the Effective Date, the Licensor will provide Licensee with a list of all existing radio frequency user(s) on the Property to allow Licensee to evaluate the potential for interference. Licensee warrants that its use of the Premises will not interfere with existing radio frequency user(s) on the Property so disclosed by Licensor, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations.
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(b) Licensor will not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Licensee or the rights of Licensee under this Agreement. Licensor will notify Licensee in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Licensor will not, nor will Licensor permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Licensee or the rights of Licensee under this Agreement. Licensor will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Licensee. In the event any such interference does not cease within the aforementioned cure period, Licensor shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected.
(d) For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility.
9. INDEMNIFICATION.
(a) Licensee agrees to indemnify, defend and hold Licensor harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising from or related to Licensee’s (or its agents, employees and contractors) entry onto, activities on, and access to the Property, or its installation, use, operation, maintenance, repair or removal of the Communication Facility or Licensee's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Licensor, its employees, agents or independent contractors.
(b) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 9 and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.
10. WARRANTIES.
(a) Licensee and Licensor each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party or individual set forth as signatory for the party below. (b) Licensor represents, warrants and agrees that: (i) Licensor solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Licensee’s Permitted Use and enjoyment of the Premises under this Agreement; (iii) Licensor grants to Licensee sole, actual, quiet and peaceful use, enjoyment and possession of the Premises in accordance with the terms of this Agreement without hindrance or ejection by any persons lawfully claiming under Licensor; (iv) Licensor execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Licensor and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Licensor will provide promptly to Licensee a mutually agreeable subordination, non-disturbance and attornment agreement executed by Licensor and the holder of such security interest.
11. ENVIRONMENTAL.
(a) Licensor represents and warrants, to the best of their knowledge, (i) the Property, as of the Effective Date, is free of hazardous substances, including asbestos-containing materials and lead paint, and (ii) 181
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the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Licensor and Licensee agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that party’s activity conducted in, or on the Property. (b) Licensor and Licensee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (“Claims”), to the extent arising from that party’s breach of its obligations or representations under Section 11(a). Licensor agrees to hold harmless and indemnify Licensee from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Licensor for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date or from such contamination caused by the acts or omissions of Licensor during the Term. Licensee agrees to hold harmless and indemnify Licensor from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Licensee for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Licensee.
(c) The indemnifications of this Paragraph 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Paragraph 11 will survive the expiration or termination of this Agreement.
(d) In the event Licensee becomes aware of any hazardous materials on the Property, or any environmental or industrial hygiene condition or matter relating to the Property that, in Licensee’s reasonable determination, renders the condition of the Premises or Property unsuitable for Licensee’s use, or if Licensee reasonably believes that the licensing or continued licensing of the Premises would expose Licensee to undue risks of government action, intervention or third -party liability, Licensee will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Licensor.
12. ACCESS. Licensor agrees to allow Licensee access to the Premises during ordinary business hours (8:00 a.m. – 5:00 p.m. Monday through Friday) for regular maintenance and repairs, with seventy-two (72) hours prior notice, and twenty-four (24) hours a day, seven (7) days a week for unscheduled repairs and other emergency purposes. In the event Licensee needs access after business hours, Licensee will provide written notice to Licensor of the reason for its after-hours access within twenty-four (24) hours thereafter. Licensor grants to Licensee reasonable pedestrian and vehicular access to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. Licensor grants to Licensee an easement for such access and Licensor agrees to provide to Licensee such codes, keys and other instruments necessary for such access at no additional cost to Licensee. If Licensor fails to provide the access granted by this Paragraph 12, such failure shall be a default under this Agreement. In the event any public utility is unable to use the access or easement provided to Licensee then the Licensor agrees to grant additional access or an easement either to Licensee or to the public utility, for the benefit of Licensee, at no cost to Licensee.
13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Licensee will be and remain Licensee’s personal property and, at Licensee's option, may be removed by Licensee at any time during the Term. Licensor covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Licensee will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Licensor that all improvements of every kind and nature constructed, erected or placed by Licensee on the Premises will be and remain the property of the Licensee and may be removed by Licensee at any time during the Term, provided that Licensor shall have the option to require that all wiring, conduit, raceways and other utility infrastructure not be removed and remain a part of the Property. 182
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On or thereafter the termination of this Agreement, Licensee will remove all of Licensee’s above-ground improvements and Licensee will restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Licensee’s control excepted.
Notwithstanding the foregoing, Licensee will not be responsible for the replacement of any trees, shrubs or other vegetation, unless damaged or removed by Licensee, nor will Licensee be required to remove from the Premises or the Property any structural steel any foundations or underground utilities.
14. MAINTENANCE/UTILITIES.
(a) Licensee will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Unless any damage is caused by Licensee, Licensor will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. In particular, Licensee shall ensure that at all times Licensee’s improvements will cause no damage to the Property, and no water leakage or seepage arising from or related to any of the improvements made by Licensee on or to the Property. Licensee shall make regular periodic inspections of the Premises, , no less than once in each calendar quarter.
(b) Licensee will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Licensee on the Premises. Licensee shall exercise its best efforts to obtain a separate meter to measure Licensee’s utility usage, but if Licensee cannot secure its own metered electrical supply, Licensee will have the right, at its own cost and expense, to submeter from the Licensor. When submetering is required under this Agreement, Licensor will read the meter and provide Licensee with an invoice and usage data on a monthly basis. Licensor agrees that it will not include a markup on the utility charges. Licensor further agrees to provide the usage data and invoice on forms provided by Licensee and to send such forms to such address and/or agent designated by Licensee. Licensee will remit payment within thirty (30) days of receipt of the usage data and required forms. Licensor shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Licensee reimbursement obligations hereunder. Within fifteen (15) days after a request from Licensee, Licensor shall provide copies of such utility billing records to the Licensee in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Licensee, then Licensee shall have the right to deduct the amount of such overpayment from any monies due to Licensor from Licensee. (c) As noted in Section 4(c) above, any failure by Licensor to perform this function will limit utility fee recovery by Licensor to a 12-month period. If Licensee submeters electricity from Licensor, Licensor agrees to give Licensee at least 24 hours advanced notice of any planned interruptions of said electricity. Licensor acknowledges that Licensee provides a communication service, which requires electrical power to operate and must operate twenty-four (24) hour per day, seven (7) day per week. If the interruption is for an extended period of time, in Licensee’s reasonable determination, the Licensor agrees to allow Licensee the right to bring in a temporary source of power for the duration of the interruption. Licensor will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Licensee. Licensor will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Licensor, of such services to be furnished or supplied by Licensor. (d) Licensee will have the right to install utilities, at Licensee’s expense, and to improve present utilities on the Property and the Premises. Licensor hereby grants to any service company providing utility or similar services, including electric power and telecommunications, to Licensee an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises. Upon Licensee’s or service company’s request, Licensor will execute a separate recordable easement evidencing this grant, at no cost to Licensee or the service company.
15. DEFAULT AND RIGHT TO CURE.
(a) The following will be deemed a default by Licensee and a breach of this Agreement: (i) nonpayment of the License Fee, if such License Fee remains unpaid for more than thirty (30) days after receipt of written notice from Licensor of such failure to pay, or (ii) Licensee's failure to perform any other term or condition 183
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under this Agreement promptly, and within thirty (30) days after receipt of written notice from Licensor specifying the failure. No such failure, however, will be deemed to exist if Licensee has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Licensee. If Licensee remains in default beyond any applicable cure period, Licensor will have the right to exercise any and all rights and remedies available to it under law and equity. No delay in curing any default shall relieve Licensee of any liability under this Agreement.
(b) The following will be deemed a default by Licensor and a breach of this Agreement: (i) failure to provide access to the Premises as required by Section 12 within twenty-four (24) hours after receipt of written notice of such failure; (ii) Licensor’s failure to cure an interference problem as required by Section 8 within twenty-four (24) hours after written notice of such failure; or (iii)’Licensor's failure to perform any term, condition, or breach of any warranty or covenant under this Agreement promptly, and within thirty (30) days after receipt of written notice from Licensee specifying the failure. No such failure, however, will be deemed to exist if Licensor has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Licensor. If Licensor remains in default beyond any applicable cure period, Licensee will have the right to exercise any and all rights available to it under law and equity, including the right to cure Licensor's default and to deduct the costs of such cure from any monies due to Licensor by Licensee.
16. ASSIGNMENT/SUBLEASE. Licensee will have the right to assign this Agreement or sublicense the Premises and its rights herein, in whole or in part, without Licensor’s consent, and upon such assignment, Licensee will be relieved of all future performance, liabilities and obligations under the Agreement to the extent of such assignment; provided that the assignee or sublicensee is experienced in the operation of a business similar to Licensee’s business or the management of communication facilities at the time of such assignment or sublicense, and financially able to perform Licensee’s obligations under this Agreement.
17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties hereto as follows:
If to Licensee: New Cingular Wireless PCS, LLC
Attn: Tower Asset Group - Lease Administration
Name: CCL06325; Cell Site Name: Los Altos City Maintenance (CA) Fixed Asset #: 15530353
1025 Lenox Park Blvd NE
3 rd Floor
Atlanta, GA 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn.: Legal Dept – Network Operations
Name: CCL06325; Cell Site Name: Los Altos City Maintenance (CA) Fixed Asset #: 15530353
208 S. Akard Street
Dallas, TX 75202-4206
The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice.
If to Licensor: City of Los Altos
707 Fremont Avenue
Los Altos, CA 94024
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Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other party hereto as provided herein.
18. CONDEMNATION. In the event Licensor receives notification of any condemnation proceedings affecting the Premises, Licensor will provide notice of the proceeding to Licensee within fifteen (15) days. If a condemning authority takes all of the Property, or a portion sufficient, in Licensee’s sole determination, to render the Premises unsuitable for Licensee, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Licensee will include, where applicable, the value of its Communication Facility, moving expenses, prepaid License Fee, and business dislocation expenses, but excluding any value for the Term of this Agreement, provided that any award to Licensee will not diminish Licensor’s recovery. Licensee will be entitled to reimbursement for any prepaid License Fee on a prorata basis. See also Section 25(e) herein below.
19. CASUALTY. Licensor will provide notice to Licensee of any casualty affecting the Premises within forty-eight (48) hours of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Licensee’s sole determination, then Licensee may terminate this Agreement by providing written notice to the Licensor, which termination will be effective as of the date of such damage or destruction. Upon such termination, Licensee will be entitled to collect all insurance proceeds payable to Licensee on account thereof and to be reimbursed for any prepaid License Fee on a prorata basis. If notice of termination is given, or if Licensor or Licensee undertake to rebuild the Communication Facility, Licensor agrees to use its reasonable efforts to permit Licensee to place temporary transmission and reception facilities on the Property until such time as Licensee is able to activate a replacement transmission facility at another location or the reconstruction of the Communication Facility is completed. The License Fee for such temporary transmission and reception facilities shall be negotiated between Licensor and Licensee, based on the License Fee contained in this Agreement. See also Section 25(e) herein below.
20. WAIVER OF LICENSOR’S LIENS. Licensor waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Licensor consents to Licensee’s right to remove all or any portion of the Communication Facility from time to time in Licensee's sole discretion and without Licensor's consent. Licensee shall repair all damage caused by removal of the Communication Facility, restore the Property to its condition prior to the installation of the Communication Facility, normal wear and tear excepted, and leave the Property free from leaks.
21. TAXES.
(a) Licensor shall be responsible for payment of all ad valorem taxes levied upon the lands, improvements and other property of Licensor. Licensee shall be responsible for all taxes levied upon Licensee’s improvements (including any of Licensee’s equipment building and tower) on the Premises. Licensor shall provide Licensee with copies of all assessment notices on or including the Premises immediately upon receipt, but in no event later than thirty (30) days after receipt by Licensor. If Licensor fails to provide such notice within such time frame, Licensor shall be responsible for all increases in taxes for the year covered by the assessment. Licensee shall have the right to contest, in good faith, the validity or the amount of any tax or assessment levied against the Premises by such appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Licensee may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of Licensor, Licensee, or both, with respect to the valuation of the Premises. Licensor shall cooperate in the institution and prosecution of any such proceedings and will execute any documents required therefore. The expense of any such proceedings shall be borne by Licensee and any refunds or rebates secured as a result of Licensee’s action shall belong to Licensee. (b) Licensee shall have the right but not the obligation to pay any taxes due by Licensor hereunder if Licensor fails to timely do so, in addition to any other rights or remedies of Licensee. In the event that Licensee 185
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exercises its rights under this Section 21(b) due to such Licensor default, Licensee shall have the right to deduct such tax amounts paid from any monies due to Licensor from Licensee as provided in Section 15(b), provided that Licensee may exercise such right without having provided to Licensor notice and the opportunity to cure per Section 15(b).
(c) Any tax-related notices shall be sent to Licensee in the manner set forth in Section 17. Promptly after the Effective Date, Licensor shall provide Licensee’s notice address to the taxing authority for the authority’s use in the event the authority needs to communicate with Licensee. In the event that Licensee’s tax address changes by notice to Licensor, Licensor shall be required to provide Licensee’s new tax address to the taxing authority or authorities.
22. SALE OF PROPERTY.
(a) Licensor may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Licensor’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Licensee or any subtenant, any obligation of Licensor under this Agreement, including Licensor’s obligation to cooperate with Licensee as provided hereunder.
(b) If Licensor, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or the Surrounding Property, to a purchaser other than Licensee, Licensor shall promptly notify Licensee in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Licensee’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Licensor or its successor shall send the documents listed below in this Section 2222(b) to Licensee. Until Licensee receives all such documents, Licensee’s failure to make payments under this Agreement shall not be an event of default and Licensee reserves the right to hold payments due under this Agreement.
i. Old deed to Property
ii. New deed to Property
iii. Bill of Sale or Transfer
iv. Copy of current Tax Bill
v. New IRS Form W-9
vi. Completed and Signed Licensee Payment Direction Form vii. Full contact information for new Licensor including phone number(s) (c) Licensor agrees not to sell, lease or use any areas of the Property or the Surrounding Property for the installation, operation or maintenance of other wireless communication facilities if such installation, operation or maintenance would interfere with Licensee’s Permitted Use or communications equipment as determined by radio propagation tests performed by Licensee in its sole discretion. (d) If the Property is transferred, the new owner shall have a duty at the time of such transfer to provide Licensee with a completed IRS Form W-9, or its equivalent, and other related paper work to affect a transfer in Fee to the new owner. The provisions of this Paragraph 22 shall in no way limit or impair the obligations of Licensor under this Agreement.
23. INTENTIONALLY OMITTED.
24. MISCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by an authorized agent of the Licensor and an authorized agent of the Licensee. No provision may be waived except in a writing signed by both parties. (b) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Licensee and Licensor each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability.
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(c) Compliance with Law. Licensee agrees to comply with all federal, state and local laws, orders, rules and regulations (“Laws”) applicable to Licensee’s s use of the Communication Facility on the Property.
Licensor agrees to comply with all Laws relating to Licensor’s ownership and use of the Property and any improvements on the Property.
(d) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
(e) Entire Agreement/Recording. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates. Neither this Agreement nor a memorandum of this Agreement shall be recorded. (f) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law.
(g) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term “including” will be interpreted to mean “including but not limited to”; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed, unless otherwise indicated; (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement; (v) use of the terms “termination” or “expiration” are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; and (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate; and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired. (h) Affiliates. All references to “ Licensee” shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Licensee pursuant to this Agreement. “Affiliate” means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. (i) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. (j) Estoppel. Either party will, at any time upon twenty (20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the License Fee and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrance of the Premises or Property. The requested party's failure to deliver such a statement within such time will be conclusively relied upon by the requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no uncured defaults in either party’s performance, and (iii) no more than one month’s License Fee has been paid in advance. (k) W-9/FTB 590. As a condition precedent to payment, Licensor agrees to provide Licensee with both a completed IRS Form W-9 and CA FTB Form 590, or their respective equivalents, upon execution of this Agreement and at such other times as may be reasonably requested by Licensee, including any change in Licensor’s name or address.
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(l) No Electronic Signature/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as an Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Licensor and Licensee. (m) Severability If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) business days prior written notice to the other party hereto.
(n) Counterparts. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. It being understood that all parties need not sign the same counterpart.
25. ADDITIONAL PROVISIONS.
(a) Attorneys’ Fees. In the event of the bringing of any proceeding, action or suit, including arbitration and any other similar proceeding, by a party against another party by reason of any breach of any of the covenants or agreements or on the part of the other party arising out of this Agreement, the prevailing party in such proceeding, action or dispute, whether by final arbitration decision, judgment, or out of court settlement, shall be entitled to have and recover of and from the other party all reasonable costs and expenses of the proceeding, action and suit, including reasonable attorneys’ fees and costs, including any reasonable attorneys’ fees and costs incurred executing upon or appealing any judgment. (b) Waiver of Jury Trial. Each party, to the extent permitted by law, knowingly, voluntarily and intentionally waives its right to a trial by jury in any action or proceeding under any theory of liability arising out of or in any way connected with this Agreement or the transactions it contemplates. (c) No Additional Fees/Incidental Fees. Unless otherwise specified in this Agreement, all rights and obligations set forth in the Agreement shall be provided by Licensor and/or Licensee as the case may be, at no additional cost. No unilateral fees or additional costs or expenses are to be applied by either party to the other party, for any task or service including, but not limited to, review of plans, structural analyses, consents, provision of documents or other communications between the parties. (d) Further Acts. Upon request, Licensor will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Licensee may request from time to time in order to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all transactions and permitted use contemplated by this Agreement. (e) Demolition, Damage or Condemnation. If the Property, or the real property portion of the Premises, are damaged, destroyed, condemned or transferred in lieu of condemnation, Licensor shall have no obligation to rebuild the Property or the Premises, and both parties shall have the right to terminate this Agreement.
In no event shall Licensor have any obligation to rebuild the Property or to rebuild the Property to accommodate Licensee. If, after the Property and/or the Premises are damaged, or condemned or transferred in lieu of condemnation, and Licensor elects to rebuild the Property and/or the Premises, Licensor shall have no obligation to design any replacement improvements to permit Licensee’s Communication Facility to be located anywhere therein or thereon.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the Effective Date. “LICENSOR”
City of Los Altos,
a California municipal corporation
By:
Print Name: [ ]
Its: [Insert Title]
Date: [Insert Date]
“LICENSEE”
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Print Name: [ ]
Its: [Insert Title]
Date: [Insert Date]
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EXHIBIT 1
DESCRIPTION OF PROPERTY AND PREMISES
Page of
to the License Agreement dated [Insert Date] , 20 , by and between City of Los Altos, a California municipal corporation, as Licensor, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Licensee.
The Property is legally described as follows:
The Premises are described and/or depicted as follows:
Notes:
1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY LICENSEE.
2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES.
3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS.
4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. 190
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{This Letter Goes On Licensor's Letterhead}
[Insert Date]
Building Staff / Security Staff
[Licensor, Licensee]
[Street Address]
[City, State, Zip]
Re: Authorized Access granted to [ ]
Dear Building and Security Staff,
Please be advised that we have signed a lease with [ ] permitting [ ] to install, operate and maintain telecommunications equipment at the property. The terms of the lease grant [ ] and its representatives, employees, agents and subcontractors (“representatives”) 24 hour per day, 7 day per week access to the leased area.
To avoid impact on telephone service during the day, [ ] representatives may be seeking access to the property outside of normal business hours. [ ] representatives have been instructed to keep noise levels at a minimum during their visit.
Please grant the bearer of a copy of this letter access to the property and to leased area. Thank you for your assistance.
_______________________
Licensor Signature
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PLANNING COMMISSION
AGENDA REPORT
Meeting Date: December 5, 2024
Subject: 707 Fremont Ave - Conditional Use Permit for a Wireless Telecommunications Facility
Prepared by: Brittany Whitehill, Senior Planner
Initiated by: Eric Lentz on behalf of AT&T, Applicant
Attachments:
1. Draft Resolution Approving the Conditional Use Permit
2. Project Plans
3. Project Photo Simulations
4. Service Coverage Maps
5. Radiofrequency Exposure Study
6. Public Correspondence
Recommendation
1. Adopt a Resolution approving a Conditional Use Permit (Application No. CUP24-0001) to allow construction of an 80-foot-tall wireless telecommunications facility (“monopine”) and associated equipment, per the recommended findings and conditions of approval in the attached resolution; and find the project is categorically exempt from environmental review pursuant to Section 15303 (“New Construction or Conversion of Small Structures”) of the California Environmental Quality Act (CEQA).
Background
Property Description
The project site is an approximately 5.3-acre lot located on the northeast side of Fremont Avenue between Manor Way and Altos Oaks Drive. The site is zoned PCF (Public and Community Facility) and is developed with the City’s Municipal Services Center (MSC) and corporation yard and McKenzie Park. Uses that surround the project site include professional and medical offices to the north that front onto Altos Oaks Drive, and single-family residential uses to the east, south, and across Foothill Expressway to the west as shown in Figure 1 below. 193
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Project Overview
On August 8, 2024, the City received an application from AT&T for a Conditional Use Permit to construct an 80’ tall monopole wireless telecommunications facility designed to look like a conifer tree (“monopine”), associated equipment, and fenced in enclosure within an approximately 750 square-foot area in the City’s corporation yard. The area of the proposed telecommunications facility is an unpaved area that is screened from public view by an (8) eight-foot tall wooden fence (see Attachment 2 – Project Plans and Attachment 3 – Photo Simulations). The proposed facility is intended to improve cellular service in an area that currently has a significant coverage gap and Figure 1: Vicinity Map
Figure 2:
View from MSC
Figure 3:
View from Altos Oaks Drive
Figure 4:
View from Manor Way
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improve emergency communications for first responders as demonstrated in coverage maps prepared by the applicant (see Attachment 4 – Service Coverage Maps).
Los Altos Municipal Code (LAMC) Section 14.80.050 (A)(1) grants the Planning Commission authority to grant Conditional Use Permits for all monopole wireless facilities that comply with applicable zoning regulations. AT&T has engaged with the City for initial lease negotiations to lease this portion of the corporation yard for the wireless facility. The lease will be considered by the City Council at a future meeting pending approval of the Conditional Use Permit.
Analysis
General Plan Consistency
The project site has General Plan Land Use designation of PI (Public and Institutional), which provides for a variety of public and quasi-public uses, including utilities, and City-owned facilities and services, all of which improve the function of the City and quality of life for residents.
Construction of the wireless facility is therefore appropriate within the PI land use designation.
The proposed project is aligned with the following General Plan goals and implementation programs:
Infrastructure and Waste Disposal Element Policy 4.5: Allow for the latest in communication technology for Los Altos that can be built in a way that retains the character of the constructed environment.
Natural Environment and Hazards Element Implementation Program 18 (Communication Network for Emergencies): Support a high level of multi-jurisdictional cooperation and communication for emergency planning and management. Solicit private individuals and organizations to enhance service provider communication and response with cellular telephones, ham radios, AM/FM radio and cable television and local school districts.
Los Altos Municipal Code Consistency
Wireless facilities are regulated by portions of Chapter 11 (Wireless Facilities) and Chapter 14 (Zoning) of the LAMC. The project complies with all applicable provisions of the LAMC, as summarized below:
Setback/Placement Standards: LAMC Section 14.85.030(D)(1) prohibits wireless facilities from impeding access to public or private utilities, ingress/egress to buildings, fire escapes, or infrastructure associate with public transit stops. The placement of the proposed wireless facility will not impede access with any of the infrastructure noted above. Section 14.85.030(D)(2) further requires that pole-mounted facilities not be located within 20’ of a building entrance, comply with all setbacks of the underlying zone, and not result in a reduction in the parking available on the project site. The project has been designed to comply with all requirements of Section 14.85.030(D)(2). 195
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Locational Preferences: LAMC Section 14.85.030 identifies the City’s preferred and less preferred zone districts for wireless facilities. The PCF (Public and Community Facilities) zoning district as a less preferred location for telecommunications facilities. The PCF (Public and Community Facilities) zoning district as a less preferred location, therefore the applicant was required to provide a written statement with the following information:
a. Clear and convincing written evidence demonstrating that installation at a preferred location is infeasible, and that approval of the proposed location rather than a preferred location is therefore needed.
b. Confirmation that the applicant does not own any property or facilities within five hundred (500) feet from the proposed site that could provide service in lieu of the proposed facility.
c. No preferred location exists within five hundred (500) feet from the proposed site; or any preferred location within five hundred (500) feet from the proposed site would be technically infeasible.
With their application submittal, the applicant provided a written statement with sufficient information to demonstrate compliance with these requirements. The statement confirmed that there was no suitable alternative preferred location for the project, because the applicant was unable to locate a site with a willing property owner in a location that would address the existing coverage gap.
City of Los Altos Design Guidelines and Standards for Wireless Facilities (Design Guidelines) In addition to the municipal code requirements for wireless facilities, the City has adopted Design Guidelines to regulate the design of wireless facilities. The Design Guidelines require that faux tree wireless facilities replicate the shape, structure, and color of live trees, and be designed to look like the tree species they intend to replicate, and that branching shall not make the tree look topheavy or unnatural. As designed, the faux tree has a natural-appearing shape and dense, realistic branching and foliage. The design guidelines also stipulate that faux tree designs are only appropriate on sites with existing or proposed tree canopy coverage of similar species. The MSC site has many tall, mature redwood trees, making the faux tree design an appropriate choice.
The Design Guidelines state that telecommunications facilities shall be designed to be the minimum functional height and width required to adequately support the proposed facility and meet Federal Communications Commission (FCC) requirements. AT&T requires the proposed height to meet the coverage objectives to close the significant coverage gap in this area. A lower height would result in less coverage.
Radiofrequency (RF) Emissions and Noise
Limits on radiofrequency (RF) emissions associated with wireless facilities are established and regulated by the Federal Communications Commission (FCC). The applicant provided an RF exposure study that determined for a person anywhere at ground, the maximum RF exposure level due to the proposed AT&T operation would be 17% of the applicable public exposure limit. The 196
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maximum calculated level at the second-floor elevation of any nearby building would be 23% of the public exposure limit. The maximum calculated level at the second-floor elevation of any nearby residence would be 10% of the public exposure limit. The exposure study also found that AT&T, as an FCC licensee, will be required to take adequate steps to ensure that its employees and contractors receive appropriate training and comply with FCC occupational exposure guidelines whenever work is required near the antennas themselves (see Attachment 5).
Wireless facilities are required to comply with the noise limitations established in the LAMC. The applicant provided a noise assessment prepared by an acoustic engineer to demonstrate that, during normal operations, noise emissions from the facility will not exceed 42dBA at the nearest adjoining property with an OA zoning designation, where the maximum allowed noise is 55dBA. Similarly, the noise emissions will not exceed 28.7 dBA at the nearest adjoining residential property, where the maximum allowed noise is 45 dBA.
Federal Requirements for the Permitting of Wireless Facilities The City’s review of telecommunications facility applications is strictly regulated by federal and state law. 47 U.S.C. § 332(c)(7) (Section 332) of the United States Communications Act is the principal federal law limiting the City’s authority to regulate wireless facilities. Section 332 recognizes and preserves local zoning authority over the placement, construction and modification of wireless communications facilities, provided the locality complies with the following five requirements:
1. The City must act on a wireless application within a reasonable time.
Local authorities must make a final decision regarding whether to approve or deny an application within a “reasonable period of time” after the request is filed, considering the nature and scope of the request. In 2009, the FCC established “presumptively reasonable periods” for local action on a wireless communications facility siting application— typically referred to as the “shot clocks.” Pursuant to FCC requirements, applications for new wireless facilities must be approved or denied within 150 days. The 150-day shot clock period begins when the applicant submits the initial application and includes processing of all necessary Planning and Building permits.
Furthermore, California Gov. Code Section 65964.1, provides that if a local government fails to act within the time required by the applicable FCC shot clock, the applicant may pursue a “deemed granted” assertion of its application by providing notice to the local government. The local government would then have 30 days to challenge the “deemed granted” assertion in court.
City staff have been working expeditiously with the applicant team to adhere to the 150- day shot clock and will continue to do so through the building permit review process. Staff anticipates full compliance with the shot clock requirement can be achieved. The Commission should be aware that continuance of the application request or referral to City 197
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Council will continue the shot clock, resulting in less available time for building permit review.
2. The City cannot enforce its own radiofrequency (RF) standards, but can require compliance with FCC standards for RF.
The FCC has exclusive responsibility and authority to set safety standards for public and worker exposure to RF emissions associated with wireless facilities. Local governments are prohibited from denying a wireless facility application based on concerns about RF emissions if the applicant has demonstrated that the facility will comply with applicable FCC RF emissions standards.
As previously described, the proposed wireless facility complies with the FCC RF emissions standards for the public and workers.
3. The City cannot apply standards that would create an “effective prohibition” the provision of personal wireless services.
While federal law preserves local authority to establish development and design standards for wireless facilities, local agencies are restricted from applying any regulations that would result in a prohibition or effective prohibition of the provision of personal wireless services.
What constitutes an “effective prohibition” has been clarified by the FCC and tested in recent case law. In 2023, the Third Circuit U.S. Court of Appeals heard the civil suit Cellco Partnership d/b/a Verizon Wireless v. The White Deer Township Zoning Hearing Board.
Verizon Wireless had requested several variances from zoning standards, including setback and minimum lot size standards, to construct a cell tower within White Deer Township in Pennsylvania, in order to fill what Verizon had determined to be a significant gap in coverage. The township denied the variances, and Verizon Wireless filed a lawsuit asserting that, in denying the variances, the township created an effective prohibition on the provision of personal wireless services. The district court and Third Circuit US Court of Appeals both ruled in Verizon’s favor.
A two-part test is used to determine whether a local agency’s zoning standards restrict wireless facilities to an extent that creates an “effective prohibition”. First, the provider must prove that a significant gap in wireless service exists. Second, the provider must also show that the manner in which it proposes to fill the significant gap in service is the “least intrusive” manner feasible. This will require a showing that a good faith effort has been made to identify and evaluate less intrusive alternatives, e.g., that the provider has considered less sensitive sites, alternative system designs, and placement of antennae on existing structures.
As previously described, the applicant has provided maps demonstrating the existence of a gap in cell coverage (generally in the area south of downtown and east of Foothill 198
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Expressway), and their facility would help to remedy that gap. The applicant has evaluated alternative locations, but was unable to identify a location that had a willing property owner and would adequately address the coverage gap. Additionally, the applicant has demonstrated, and staff concurs, that the height of the structure is the minimum feasible height required to address the significant gap in coverage, and that the proposed monopine design will be the most effective way to disguise the facility, given the surrounding tree coverage.
4. Any denials must be supported by substantial evidence.
Any decision under local regulations to deny a request to construct personal wireless facilities “shall be in writing and supported by substantial evidence contained in a written record.”
There is no evidence that the proposed wireless facility is out of compliance with any applicable standard in the Los Altos Municipal Code or Design Guidelines. Additionally, no evidence exists that the project would violate any applicable state or federal law, such as the United States Communications Act or the California Environmental Quality Act.
5. The City cannot discriminate among providers of functionally equivalent services.
Section 332 prohibits the City from “unreasonably discriminating among providers of functionally equivalent services.” This limitation is intended to prevent the City from dictating a preference for certain wireless technologies over others. For example, a local government cannot prohibit 5G wireless facilities.
Environmental Review
This project is categorically exempt from environmental review under Section 15303 (“New Construction or Conversion of Small Structures”) of the California Environmental Quality Act (CEQA). This exemption applies when a project involves construction of one or more structures with a combined floor area of up to 2,500 square feet if the project does not involve use of significant amounts of hazardous materials, and the site is zoned for the proposed use, is served by all necessary public services, and the surrounding area is not environmentally sensitive. The total combined footprint of the proposed facility is less than 750 square feet, the project will not involve use of hazardous materials, the PCF zone district allows wireless facilities as a conditionally permitted use, the site is, and will continue to be served by all necessary public services and utilities, and no sensitive habitat exists at or near the site, therefore the “New Construction or Conversion of Small Structures” categorical exemption from CEQA applies and no additional environmental review is required.
Public Notification
A public meeting notice was mailed to property owners within a 300-foot radius and published in the newspaper. The applicant also posted the public notice sign (24” x 36”) in conformance with the 199
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Planning Division posting requirements. One public comment has been received as of the preparation of this report. Written public comments have bene included as “Attachment 6” to the staff report.
Next Steps
The Planning Commissions decision on the Conditional Use Permit application is final unless appealed to Council. If this application is approved, the City Council will consider a lease agreement with AT&T for use of a portion of the property to accommodate the wireless telecommunications facility during a future City Council meeting. 200
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at&t CODE COMPLIANCE AT&T SITE NUMBER: CCL06325 AT&T SITE NAME: LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 JURISDICTION: CITY OF LOS ALTOS APN: 189-16--033 SITE TYPE: SHELTER / MONOPINE TOWER INITIATIVE/PROJECT: NSB USID #: 330362 FA LOCATION CODE: 15530353 RFDS ID: RFDS-7816 RFDS VERSION: 3.00 RFDS DATE: 05/23/2024 PACE JOB #: MRSFR077657 PTN #: 3701A0YED3 T-1 ALL WORK & MATERIALS SHALL BE PERFORMED & INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO HTHESE CODES:ᴀ 2022 CALIFORNIA ADMINISTRATIVE CODE, PART 1, TITLE 24 C.C.R 2022 CALIFORNIA BUILDING CODE (CBC), PART 2, VOLUME 1&2, TITLE 24 C.C.R. (2021 INTERNATIONAL BUILDING CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA ELECTRICAL CODE (CEC), PART 3, TITLE 24 C.C.R. (2020 NATIONAL ELECTRICAL CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA MECHANICAL CODE (CMC) PART 4, TITLE 24 C.C.R. (2021 UNIFORM MECHANICAL CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA PLUMBING CODE (CPC), PART 5, TITLE 24 C.C.R. 2021 UNIFORM PLUMBING CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA ENERGY CODE (CEC), PART 6, TITLE 24 C.C.R. 2022 CALIFORNIA FIRE CODE, PART 9, TITLE 24 C.C.R. (2021 INTERNATIONAL FIRE CODE AND 2022 CALIFORNIA AMENDMENTS) 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, PART 11, TITLE 24 C.C.R. 2022 CALIFORNIA REFERENCE STANDARDS, PART 12 TITLE 24 C.C.R. ANSI/EIA-TIA-222-H ALONG WITH ANY OTHER APPLICABLE LOCAL & STATE LAWS AND REGULATIONS THIS FACILITY IS UNMANNED & NOT FOR HUMAN HABITATION. DISABLED ACCESS & REQUIREMENTS ARE NOT REQUIRED IN ACCORDANCE WITH CALIFORNIA STATE BUILDING CODE, TITLE 24 PART 2, SECTION 11B-203.5 DISABLED ACCESS REQUIREMENTS SHEET INDEX SHEET NO. DESCRIPTION REV TITLE SHEET 2 A-1 SITE PLAN A-2 SITE DETAIL A-4 VICINITY MAP DRIVING DIRECTIONS PROJECT DESCRIPTION SITE NAME: LOS ALTOS CITY MAINTENANCE SITE #: CCL06325 COUNTY: SANTA CLARA COUNTY JURISDICTION: CITY OF LOS ALTOS APN : 189-16-033 SITE ADDRESS: 707 FREMONT AVENUE FROM: 5001 EXECUTIVE PARKWAY, SAN RAMON, CALIFORNIA 94583 TO: 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 LOS ALTOS, CALIFORNIA 94024 CURRENT ZONING: PUBLIC & COMMUNITY FACILITIES DISTRICT CONSTRUCTION TYPE: V-B OCCUPANCY TYPE: U, (UNMANNED COMMUNICATIONS FACILITY) POWER: PG&E LATITUDE: N 37° 21' 31.5" NAD 83 N 37.358738° NAD 83 LONGITUDE: W 122° 05' 37.2" NAD 83 W 122.093679° NAD 83 GROUND ELEVATION: ±202.07' AMSL PROPERTY OWNER: CITY OF LOS ALTOS APPLICANT: AT&T MOBILITY 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: R. CRUZ CCL06325 MRSFR077657 C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROJECT INFORMATION: REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. TITLE SHEET SITE ACQUISITION COMPANY: MODUS LLC 1614 SE 10TH AVENUE PORTLAND, OREGON 97214 LEASING CONTACT: ATTN: LORRIE BILLALON (510) 825-8889 [email protected] ZONING CONTACT: ATTN: CAROLINE STYC (916) 801-3585 [email protected] CONSTRUCTION CONTACT: ATTN: KEITH CONNER (408) 306-3801 [email protected] SCALE: N/A TN PROJECT INFORMATION A-3 ANTENNA LAYOUTS AND EQUIPMENT SCHEDULE PROPOSED SOUTH AND WEST ELEVATIONS D-1 EQUIPMENT DETAILS D-2 EQUIPMENT DETAILS 3 E-1 UTILITY ROUTING, PANEL SCHEDULE, SINGLE LINE DIAGRAM AND NOTES T-2 SITE SIGNAGE 222322322 A-5 PROPOSED NORTH AND EAST ELEVATIONS 2 1 N. SAN ANTONIO ROAD A-2.1 SITE DETAIL WITH DIMENSIONS T-3 BATTERY SPECIFICATIONS PUBLIC WORKS DIRECTOR A (N) AT&T UNMANNED TELECOMMUNICATION FACILITY CONSISTING OF INSTALLING: · INSTALLATION OF A NEW AT&T 80'-0" MONOPINE · INSTALLATION OF A NEW AT&T ANTENNA MOUNTING ASSEMBLY AT A 70'-0" CENTERLINE · INSTALLATION OF (6) AT&T PANEL ANTENNAS MOUNTED AT A 70'-0" CENTERLINE ((2) PER SECTOR) · INSTALLATION OF (3) AT&T PANEL ANTENNAS MOUNTED AT A 69'-3" CENTERLINE ((1) PER SECTOR) · INSTALLATION OF (3) AT&T PANEL ANTENNAS MOUNTED AT A 72'-9" CENTERLINE ((1) PER SECTOR) · INSTALLATION OF (9) AT&T REMOTE RADIO HEADS (RRHV) ((3) PER SECTOR) · INSTALLATION OF (3) AT&T TOWER MOUNTED DC9 SURGE SUPPRESSORS ((1) PER SECTOR) · INSTALLATION OF (1) AT&T PREFABRICATED EQUIPMENT SHELTER ON A NEW CONCRETE PAD · INSTALLATION OF (1) AT&T GPS UNIT MOUNTED ON PROPOSED EQUIPMENT SHELTER · INSTALLATION OF (1) AT&T 30KW GENERATOR ON A NEW CONCRETE PAD · INSTALLATION OF (3) AT&T EQUIPMENT RACKS INSIDE PROPOSED EQUIPMENT SHELTER RACK (1) - NETSURE 7100 POWER PLANT W/ (12) -48V RECTIFIERS, (10) -58V RECTIFIERS & (2) STRINGS OF 190AH BATTERIES RACK (2) - (3) OVP9 JUNCTION BOXES RACK (3) - (2) 6648 BBU'V · INSTALLATION OF NEW AT&T 8' CHAIN LINK FENCE · INSTALLATION OF (2) NEW AT&T 6' WIDE CHAIN LINK GATES · INSTALLATION OF A 200A DEDICATED SERVICE TO METER · INSTALLATION OF (1) AT&T CIENA AND (1) HOFFMAN BOX MOUNTED TO A NEW H-FRAME HEAD NORTH 82 FT TURN RIGHT 0.2 MI TURN RIGHT TOWARD EXECUTIVE PKWY 295 FT TURN RIGHT ONTO EXECUTIVE PKWY 0.2 MI TURN RIGHT ONTO CAMINO RAMON 0.6 MI USE THE RIGHT 2 LANES TO TURN RIGHT ONTO BOLLINGER CANYON RD 0.5 MI USE THE RIGHT LANE TO MERGE ONTO I-680 S VIA THE RAMP TO SAN JOSE 0.2 MI MERGE ONTO I-680 S 21.6 MI TAKE EXIT 12 TO MERGE ONTO CA-262 S/MISSION BLVD 0.5 MI MERGE ONTO CA-262 S/MISSION BLVD 0.6 MI USE THE LEFT 2 LANES TO MERGE ONTO I-880 S TOWARD SAN JOSE 3.9 MI USE THE RIGHT 2 LANES TO TAKE EXIT 8C FOR CA-237 W TOWARD MOUNTAIN VIEW 0.9 MI CONTINUE ONTO CA-237 W 8.4 MI TAKE EXIT 1B TO MERGE ONTO CA-85 S TOWARD LOS GATOS/CA-82 S/SANTA CRUZ 2.4 MI TAKE EXIT 20-FREMONT AVE TOWARD W FREMONT AVE 0.2 MI KEEP RIGHT AT THE FORK, FOLLOW SIGNS FOR LOS ALTOS AND MERGE ONTO W FREMONT AVE 105 FT MERGE ONTO W FREMONT AVE 2.0 MI TURN RIGHT 141 FT TURN LEFT 157 FT DESTINATION WILL BE ON THE RIGHT ESTIMATED TIME: 56 MINUTES ESTIMATED DISTANCE: 42.4 MILES D-3 EQUIPMENT DETAILS D-4 ANTENNA MOUNTING ASSEMBLY DETAILS D-5 EQUIPMENT SHELTER DETAILS 222 (PCF) LOS ALTOS, CALIFORNIA 94022 C-1 LEASE AREA DETAIL, SITE & BOUNDARY PLAN 0 D-6 EXTERIOR LIGHTING SPECS 2 E-2 ENLARGED UTILITY ROUTING AND ELECTRICAL DETAILS 201 Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: R. CRUZ CCL06325 MRSFR077657 C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROJECT INFORMATION: REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. SIGNAGE AND STRIPING INFORMATION 1. THE FOLLOWING INFORMATION IS A GUIDELINE WITH RESPECT TO PREVAILING STANDARDS LIMITING HUMAN EXPOSURE TO RADIO FREQUENCY ENERGY AND SHOULD BE USED AS SUCH. IF THE SITE'S EMF REPORT OR ANY LOCAL, STATE OR FEDERAL GUIDELINES OR REGULATIONS SHOULD BE IN CONNECT WITH ANY PART OF THESE NOTES OR PLANS, THE MORE RESTRICTIVE GUIDELINE OR REGULATION SHALL BE FOLLOWED AND OVERRIDE THE LESSER. 2. THE PUBLIC LIMIT OF RF EXPOSURE ALLOWED BT AT&T IS 1mWcm*2 AND THE OCCUPATIONAL LIMIT OF RF EXPOSURE ALLOWED BY AT&T IS 5mWcm*2. 3. IF THE BOTTOM OF THE ANTENNA IS MOUNTED (8) EIGHT FEET ABOVE THE GROUND OR WORKING PLATFORM LINE OF THE PERSONAL COMMUNICATION SYSTEM (PCS) AND DOES NOT EXCEED THE PUBLIC LIMIT OF RF EXPOSURE LIMIT THEN NO STRIPING OR BARRICADES SHOULD BE NEEDED. 4. IF THE PUBLIC LIMIT OF RF EXPOSURE ON THE SITE IS EXCEEDED AND THE AREA IS PUBLICLY ACCESSIBLE (e.g. ROOF ACCESS DOOR THAT CANNOT BE LOCKED, OR FIRE EGRESS) THEN BOTH BARRICADES AND STRIPING SHALL BE PLACED AROUND THE ANTENNAS. THE EXACT EXTENT OF THE BARRICADES AND STRIPING SHALL BE DETERMINED BY THE EMF REPORT FOR THE SITE DONE BEFORE OR SHORTLY AFTER COMPLETION OF THE SITE CONSTRUCTION. USE THE PLANS AS A GUIDELINE FOR PLACEMENT OF SUCH BARRICADES AND STRIPING. 5. IF THE PUBLIC LIMIT OF RF EXPOSURE ON THE SITE IS EXCEEDED AND THE AREA IS PUBLICLY ACCESSIBLE (e.g. ROOF ACCESS DOOR THAT CANNOT BE LOCKED, OR FIRE EGRESS) THEN BOTH BARRICADES AND STRIPING SHALL BE PLACED AROUND THE ANTENNAS. THE EXACT EXTENT OF THE BARRICADES AND STRIPING SHALL BE PLACED AROUND THE ANTENNAS, THE EXACT EXTENT OF THE BARRICADES & STRIPING SHALL BE DETERMINED BY THE EMF REPORT FOR THE SITE DONE BEFORE OR SHORTLY AFTER COMPLETION OF SITE CONSTRUCTION. USE THE PLANS AS A GUIDELINES FOR PLACEMENT OF SUCH BARRICADES AND STRIPING. 6. ALL TRANSMIT ANTENNAS REQUIRE A THREE LANGUAGE WARNING SIGN WRITTEN IN ENGLISH, SPANISH, AND CHINESE. THIS SIGN SHALL BE PROVIDED TO THE CONTRACTOR Y THE AT&T CONSTRUCTION PROJECT MANAGER AT THE TIME OF CONSTRUCTION. THE LARGER SIGN SHALL BE PLACED IN PLAIN SIGHT AT ALL ROOF ACCESS LOCATIONS AND ON ALL BARRICADES. THE SMALLER SIGN SHALL BE PLACED ON THE ANTENNA ENCLOSURES IN A MANNER THAT IS EASILY SEEN BY ANY PERSON ON THE ROOF. WARNING SIGNS SHALL COMPLY WITH ANSI C95.2 COLOR, SYMBOL, AND CONTENT CONVENTIONS. ALL SIGNS SHALL HAVE AT&T'S NAME AND THE COMPANY CONTACT INFORMATION (e.g. TELEPHONE NUMBER) TO ARRANGE FOR ACCESS TO THE RESTRICTED AREAS. THIS TELEPHONE NUMBER SHALL BE PROVIDED TO THE CONTRACTOR BY THE AT&T CONSTRUCTION PROJECT MANAGER AT THE TIME OF CONSTRUCTION. 7. PHOTOS OF ALL STRIPING, BARRICADES AND SIGNAGE SHALL BE PART OF THE CONTRACTORS CLOSE OUT PACKAGE & SHALL BE TURNED INTO THE AT&T CONSTRUCTION PACKAGE & SHALL BE TURNED INTO THE AT&T CONSTRUCTION MANAGER AT THE END OF CONSTRUCTION. STRIPING SHALL BE DONE WITH FADE RESISTANT YELLOW SAFETY PAINT IN A CROSS-HATCH PATTERN AS DETAILED BY THE CONSTRUCTION DRAWINGS. ALL BARRICADES SHALL BE MADE OF AN RF FRIENDLY MATERIAL SO AS NOT TO BLOCK OR INTERFERE WITH THE OPERATION OF THE ANTENNAS. BARRICADES SHALL BE PAINTED WITH FADE RESISTANT YELLOW SAFETY PAINT. THE CONTRACTOR SHALL PROVIDE WITH ALL RF FRIENDLY BARRICADES NEEDED, & SHALL PROVIDE THE AT&T CONSTRUCTION PROJECT MANAGER WITH A DETAILED SHOP DRAWING OF EACH BARRICADES. UPON CONSTRUCTION COMPLETION. NOTICE SIGN GENERAL NOTES 8" NOTICE Beyond This Point you are entering an area where radio frequency (RF) fields may exceed the FCC General Population Exposure Limits. AT&T operates antennas at this site. Follow safety guidelines for working in an RF environment. Contact AT&T at 800-638-2822 and follow their instructions prior to performing any maintenance or repairs above this point. Caution sign #CAOTT-ALL-057 This is AT&T site ________________ 12" CAUTION Beyond This Point you are entering an area where radio frequency (RF) fields may exceed the FCC General Population Exposure Limits. On this tower : Contact AT&T at 800-638-2822 and follow their instructions prior to performing any maintenance or repairs above this point. Caution sign #CAOTT-ALL-057 This is AT&T site ________________ CAUTION Beyond This Point you are entering an area where radio frequency (RF) fields may exceed the FCC General Population Exposure Limits. AT&T operates antennas at this site. Follow safety guidelines for working in an RF environment. Contact AT&T at 800-638-2822 and follow their instructions prior to performing any maintenance or repairs above this point. Caution sign #CAOTT-ALL-057 This is AT&T site ________________ 8" 12" 8"
12" Personal climbing this tower should be trained for working in RF environment and used a personal RF monitoring if working near active antennas. CAUTION AND WARNING SIGN NOTE: 1. CONTRACTOR SHALL INSTALL ALL INFORMATION SIGNAGE IN ACCORDANCE W/ AT&T WIRELESS DOCUMENT #03-0074, RF EXPOSURE POLICY AND RF SAFETY COMPLIANCE PROGRAM, LATEST EDITION. 2. CONTRACTOR SHALL CONTACT AT&T R-RFSC FOR INFORMATION ON MPE LEVELS AND INSTRUCTIONS ON LEVEL AND LOCATION OF SIGNAGE. 3 0 2 ACID Property of AT&T Authorize d Personnel Only In case of emergency, or prior to performing maintenance on this site, call (800) 638-2822 and reference cell site number CCL06325 NFPA HAZARD SIGN CABINET DOORS SIGNAGE NOTICE AUTHORIZED PERSONNEL ONLY DOOR / EQUIPMENT SIGN Property of AT&T Authorize d Personnel Only In case of emergency, or prior to performing maintenance on this site, call (800) 638-2822 and reference cell site number CCL06325 No Trespassing Violators will be prosecuted GATE SIGNAGE NONE SCALE: 1 NONE SCALE: 2 NONE SCALE: 3 FUEL TYPE SIGN NFPA 704 HAZARD DIAMOND SIGN 1 02 FENCED COMPOUND SIGNAGE FCC ASR SIGNAGE DANGER NO TRESPASSING INFORMATION Federal Communications Communication Tower Registration Number 1 2 3 4 5 6 7 Posted in accordance with Federal Communications Commission rules and antenna tower registration 47CFR 17.4 (g). 8" 12" COMBUSTIBLE NO SMOKING NO OPEN FLAMES DIESEL FUEL FUEL TANK CAPACITY 190 GALS FENCE COMPOUND SIGNAGE FOR FUEL & OTHER ENVIRONMENTAL EMERGENCIES CALL EH&S 1-800-566-9347 1-800-KNOW-EHS WARNING CANCER AND REPRODUCTIVE HARM WWW.P65WARNINGS.CA.GOV AVERTISSEMENT CANCER ET EFFET NOCIF SUR IS REPRODUCTION WWW.P65WARNINGS.CA.GOV AVERTISSEMENT PRODUCE CANDER Y DANCS REP RODUCTIVOS WWW.P65WARNINGS.CA.GOV YELLOW EH&S SIGN PROP 65 15" 15" NONE SCALE: NONE 4 SCALE: NONE 6 SCALE: 10 NONE SCALE: 9 NONE SCALE: NONE 8 SCALE: 12 NONE SCALE: 13 NONE SCALE: 14 NONE SCALE: 11 NONE SCALE: 7 NONE SCALE: 5 SIGNAGE at&t Reference Site#: CCL06325 Site Address: 707 FREMONT AVE., LOS ALTOS, CA 94024 This Site Operated by: AT&T MOBILITY 5001 EXECUTIVE PARKWAY SAN RAMON, CA 94583 IN CASE OF FIRE AND THE NEED FOR SHUTDOWN TO ACTIVATE ANTENNAS CALL THE FOLLOWING NUMBER: For 24 Hour Emergency Contact and Access Please Call: (800) 638-2822 THIS EQUIPMENT IS POWERED BY MORE THAN ONE SOURCE CAUTION 202 Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDORᴀ DRAWN BYᴀ CHECKED BYᴀ AT T SITE NO
PRO-ECT NO
APPROVED BYᴀ R. CRU= CCL06325 MRSFR077657 C. WENER R. MARTINE= SHEET TITLEᴀ SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PRO-ECT INFORMATION REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSUREᴀ 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. NONE SCALEᴀ 1 BATTERY INFORMATION BATTERY MODEL TOTAL # OF BATTERY UNITS INSTALLED TOTAL ELECTROLYTE VOLUME (GAL) PER UNIT TOTAL ELECTROLYTE WEIGHT (LBS) PER UNIT % SULFURIC = (0.66 GAL) ACID VOLUME / UNIT ACID BY VOL (2.34 GAL) ELECTROLYTE VOLUME/UNIT % SULFURIC = (10.1 LBS) TOTAL ACID WEIGHT ACID BY WEIGHT (28.9 LBS) TOTAL ELECTROLYTE WEIGHT TOTAL SULFURIC = TOTAL UNITS X VOL (GAL) SULFURIC VOL/UNIT % SULFURIC = ACID VOLUME / UNIT ACID BY VOL ELECTROLYTE VOLUME/UNIT POWERSAFE - SBS190F 8 UNITS 2.34 GAL 28.9 LBS 28.21% = 0.66 GAL / 2.34 GAL 34.95% = 10.1 LBS/28.9 LBS 18.72 GAL = 8 UNITS X 2.34 / UNIT 80.1 LBS = 8 UNITS X 10.1 LBS 203 Agenda Item # 5. 204
Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: R. CRUZ CCL06325 MRSFR077657 C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROJECT INFORMATION: REV. DATE DESCRIPTION BY ISSUE STATUS 022724 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 032724 100% ZONING R.C. 2 052924 LANDLORD REVISION R.C. 3 111224 100% ZONING R.C. SITE PLAN NOTE: 1. PG&E TO DETERMINE POWER P.O.C. LEASE AREA LEGEND EASEMENT XXXX XXXX EXISTING 5' CONTOUR EXISTING 1' CONTOUR CENTERLINE PROPERTY LINE SECTION LINE CHAIN LINK FENCE OVERHEAD POWER RIGHT-OF-WAY O.R. BLOCK WALL FIRE HYDRANT OFFICIAL RECORD POWER POLE PARKING LOT AREA LIGHT WROUGHT IRON FENCE NORTH ( IN FEET ) GRAPHIC SCALE 50 0 25 50 100 200 24" X 36" SCALE 1" 50' 11" X 17" SCALE 1" 100' 1 APN: 189-16-033 ZONED: PUBLIC AND COMMUNITY FACILITIES DISTRICT (PCF) EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING EXISTING BUILDING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING APN: 189-16-003 ZONED: OFFICE-ADMINISTRATIVE DISTRICT (OA) APN: 189-16-005 ZONED: OFFICE- ADMINISTRATIVE DISTRICT (OA) APN: 189-16-004 ZONED: OFFICE- ADMINISTRATIVE DISTRICT (OA) APN: 189-16-006 ZONED: OFFICE-ADMINISTRATIVE DISTRICT (OA) APN: 189-16-007 ZONED: OFFICE-ADMINISTRATIVE DISTRICT (OA) APN: 189-16-008 ZONED: OFFICE-ADMINISTRATIVE DISTRICT (OA) APN: 189-16-009 ZONED: OFFICE-ADMINISTRATIVE DISTRICT (OA) APN: 189-16-010 ZONED: OFFICE-ADMINISTRATIVE DISTRICT (OA) FREMONT AVENUEPROPOSED AT&T POINT OF ACCESS PROPOSED AT&T 12' WIDE NON-EXCLUSIVE VEHICULAR PATH OF ACCESS EXISTING UTILITY POLE AND PROPOSED AT&T FIBER SOURCE (TOTAL FIBER ROUTE ~585') PROPOSED AT&T UNDERGROUND FIBER ROUTE (~205') EXISTING PG&E HIGH VOLTAGE VAULT AND PROPOSED AT&T POWER POC (TOTAL POWER ROUTE ~375') PROPOSED PG&E POWER AND AT&T FIBER JOINT TRENCH (~355') PROPOSED AT&T 25'-0" X 30'-0" LEASE AREA (~750 SQ. FT.) PROPOSED AT&T NON-EXCLUSIVE PARKING SPACE EXISTING TENNIS COURTS ALTOS OAKS DRIVE MANOR WAY - A-2 CLINTON RD 60'-0" 30'-0" 50'-0" 736'-2" 431'-6"
469'-9" 1167'-5"
296'-2" 448'-9"
126'-5" 50'-5" 158'-8"
425'-4"
346'-6"
75'-10" TO NEAREST BUILDING
ENTRANCE
245'-6" EXISTING STORM DRAINS
66'-3" 5'-0" 58'-2"
205
Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDORᴀ DRAWN BYᴀ CHECKED BYᴀ AT&T SITE NOᴀ PRO-ECT NO APPROVED BYᴀ R. CRU= CCL06325 MRSFR077657 C. WENER R. MARTINE= SHEET TITLEᴀ SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PRO-ECT INFORMATION REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSUREᴀ 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. LEASE AREA LEGEND EASEMENT XXXX XXXX EXISTING 5' CONTOUR EXISTING 1' CONTOUR CENTERLINE PROPERTY LINE SECTION LINE CHAIN LINK FENCE OVERHEAD POWER RIGHT-OF-WAY O.R. BLOCK WALL FIRE HYDRANT OFFICIAL RECORD POWER POLE PARKING LOT AREA LIGHT WROUGHT IRON FENCE NORTH ( IN FEET ) GRAPHIC SCALE 2.5 0 1.25 2.5 5 10 24" X 36" SCALE 1" 2'-6"Ԁ 11" X 17" SCALE 1" 5' 1 PROPOSED AT&T 12' WIDE NON-EXCLUSIVE VEHICULAR PATH OF ACCESS PROPOSED AT&T VERTIV NETSUREE 7100 DC POWER PLANT WITH (10) -48V RECTIFIERS, (10) -58V CONVERTERS, & (8) 190AH BATTERIES PROPOSED AT&T EQUIPMENT RACK WITH (1) 665/6648 BBU & XMU03 INSIDE PROPOSED EQUIPMENT SHELTER PROPOSED AT&T EQUIPMENT RACK WITH (3) DC9 SURGE SUPPRESSER INSIDE PROPOSED EQUIPMENT SHELTER PROPOSED AT&T GPS ANTENNA MOUNTED TO PROPOSED EQUIPMENT SHELTER PROPOSED AT&T HVAC UNIT PROPOSED AT&T CABLE SUPPORT PROPOSED AT&T DC50 STRUT MOUNTED TO PROPOSED EQUIPMENT SHELTER EXTERIOR WALL PROPOSED AT&T INTEGRATED LOAD CENTER (ILC) AND CAMLOCK GENERATOR INTERFACE MOUNTED TO PROPOSED EQUIPMENT SHELTER EXTERIOR WALL PROPOSED AT&T 2" UNDERGROUND CONDUIT WITH CONDUCTORS (~40') PROPOSED AT&T 3/4" UNDERGROUND ALARM CONDUIT WITH TELCO CABLING (~40') PROPOSED AT&T 3/4" UNDERGROUND CONDUIT WITH CONDUCTORS (~40') PROPOSED AT&T 2" UNDERGROUND CONDUIT WITH CONDUCTORS (~25') PROPOSED AT&T 200A METER PANEL ON 400A MULTI-METER BANK MOUNTED TO A NEW H-FRAME W/ (N) 400A TERMINATION AND BUSS PROPOSED AT&T CIENA AND HOFFMAN BOX MOUNTED TO A NEW H-FRAME PROPOSED AT&T FIBER VAULT (2) PROPOSED AT&T 6' WIDE CHAIN LINK GATES WITH BARBED WIRES AND PRIVACY SLATS PROPOSED AT&T 8' WIDE CHAIN LINK FENCE WITH BARBED WIRES AND PRIVACY SLATS PROPOSED AT&T 30KW AC GENERATOR ON A NEW 4'-0" X 10'-0" CONCRETE PAD EXISTING WOODEN FENCE (6) PROPOSED AT&T PANEL ANTENNAS AT A 70'-0" CENTERLINE ON A NEW 80' MONOPINE ((2) PER SECTOR) (3) PROPOSED AT&T DC9 (DOME) SURGE SUPPRESSOR MOUNTED TO STANDOFF ARMS ((1) PER SECTOR) (9) PROPOSED AT&T REMOTE RADIO HEADS (RRHs) ON DUAL MOUNTS, MOUNTED STACKED TO NEW STANDOFF ARMS ((3) PER SECTOR) PROPOSED AT&T 80'-0" MONOPINE PROPOSED AT&T ANTENNA MOUNTING ASSEMBLY (SITEPRO-1 - RMVD8-3-3XX) EXTENT OF PROPOSED MONOPINE BRANCHES EXISTING WOODEN FENCE PROPOSED AT&T 8'-0" X 8'-0" FABRICATED EQUIPMENT SHELTER MOUNTED ON A NEW 8'-0" X 8'-0" CONCRETE PAD PROPOSED AT&T 30'-0" X 30'-0" LEASE AREA (~900 SQ. FT.) 1A4 2A4 1A5 2A5 PROPOSED AT&T NON-EXCLUSIVE PARKING SPACE (3) PROPOSED AT&T PANEL ANTENNAS AT A 72'-9" CENTERLINE ON A NEW 80' MONOPINE ((1) PER SECTOR) (3) PROPOSED AT&T PANEL ANTENNAS AT A 69'-3" CENTERLINE ON A NEW 80' MONOPINE ((1) PER SECTOR) PROPOSED PG&E TRANSFORMER ON 50" X 52" CONCRETE PAD EXISTING STORM DRAINS EXISTING CONCRETE WALL 206 Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDORᴀ DRAWN BYᴀ CHECKED BYᴀ AT T SITE NO
PRO-ECT NO
APPROVED BYᴀ R. CRU= CCL06325 MRSFR077657 C. WENER R. MARTINE= SHEET TITLEᴀ SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PRO-ECT INFORMATION REV. DATE DESCRIPTION BY ISSUE STATUS 022724 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSUREᴀ 0 A Nextedge Company
1 032724 100% ZONING R.C. 2 052924 LANDLORD REVISION R.C. 3 111224 100% ZONING R.C. LEASE AREA LEGEND EASEMENT XXXX XXXX EXISTING 5' CONTOUR EXISTING 1' CONTOUR CENTERLINE PROPERTY LINE SECTION LINE CHAIN LINK FENCE OVERHEAD POWER RIGHT-OF-WAY O.R. BLOCK WALL FIRE HYDRANT OFFICIAL RECORD POWER POLE PARKING LOT AREA LIGHT WROUGHT IRON FENCE NORTH ( IN FEET ) GRAPHIC SCALE 2.5 0 1.25 2.5 5 10 24" X 36" SCALE 1" 2'-6"Ԁ 11" X 17" SCALE 1" 5' 1 25'-0" 1'-4"
1'-5" 7'-6" 5'-1" 8'-0" 3'-0" 2'-0" 4'-0" 21'-8" 4'-0" 8'-6" 18'-0" 12'-0" 30'-0" 8'-6"
R11'-0" 8'-0" 7'-0"
10'-0" 1'-2" 4'-4" 7'-5" 207
Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROECT NO:ᴀ APPROVED BY: R. CRUZ CCL06325 MRSFR077657 C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROECT INFORMATION:ᴀ REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. ANTENNA PLAN AND EQUIPMENT NORTH ( IN FEET ) GRAPHIC SCALE 2.5 0 1.25 2.5 5 10 24" X 36" SCALE 1" 2'-6"Ԁ 11" X 17" SCALE 1" 5' 1 ANTENNA AND EQUIPMENT SCHEDULE POSITION ANTENNA MAKE ANTENNA MODEL ANTENNA AZIMUTH EQUIPMENT CENTERLINE RRHs /DC9 POWER TRUNK FIBER TRUNK CABLE LENGTH ALPHA SECTOR 1 QUINTEL QD8612-2 20° 70'-0" (1) RADIO 4490 B5/B12A (1) RADIO 4890 B25/B66A (1) DC POWER TRUNK (1) 24 PR FIBER TRUNK 110' 2 (TOP) ERICSSON AIR 6419 B77D (TOP) 72'-9" INTEGRATED WITHIN AIR6449 2 (BOTTOM) ERICSSON AIR 6419 B77G (BOTTOM) 69'-3" INTEGRATED WITHIN AIR6419 3 QUINTEL QD8612-2 70'-0" (1) RADIO 4478 B14 STANDOFF ARM - - - - (1) DC9-48-60-24-8C-EV BETA SECTOR 1 QUINTEL QD8612-2 260° 70'-0" (1) RADIO 4490 B5/B12A (1) RADIO 4890 B25/B66A (1) DC POWER TRUNK (1) 24 PR FIBER TRUNK 110' 2 (TOP) ERICSSON AIR 6419 B77D (TOP) 72'-9" INTEGRATED WITHIN AIR6449 2 (BOTTOM) ERICSSON AIR 6419 B77G (BOTTOM) 69'-3" INTEGRATED WITHIN AIR6419 3 QUINTEL QD8612-2 70'-0" (1) RADIO 4478 B14 STANDOFF ARM - - - - (1) DC9-48-60-24-8C-EV GAMMA SECTOR 1 QUINTEL QD8612-2 130° 70'-0" (1) RADIO 4490 B5/B12A (1) RADIO 4890 B25/B66A (1) DC POWER TRUNK (1) 24 PR FIBER TRUNK 110' 2 (TOP) ERICSSON AIR 6419 B77D (TOP) 72'-9" INTEGRATED WITHIN AIR6449 2 (BOTTOM) ERICSSON AIR 6419 B77G (BOTTOM) 69'-3" INTEGRATED WITHIN AIR6419 3 QUINTEL QD8612-2 70'-0" (1) RADIO 4478 B14 STANDOFF ARM - - - - (1) DC9-48-60-24-8C-EV RFDS ID RFDS-7816 RFDS DATE 05/23/2024 RFDS VERSION 3.00 NOTE: 1. ANTENNA POSITION ARE LEFT TO RIGHT FROM BACK OF ANTENNA NONE SCALE: 2 (6) PROPOSED AT&T PANEL ANTENNAS AT A 70'-0" CENTERLINE ON A NEW 80' MONOPINE ((2) PER SECTOR) (3) PROPOSED AT&T DC9 (DOME) SURGE SUPPRESSOR MOUNTED TO STANDOFF ARMS ((1) PER SECTOR) (9) PROPOSED AT&T REMOTE RADIO HEADS (RRHs) ON DUAL MOUNTS, MOUNTED STACKED TO NEW STANDOFF ARMS ((3) PER SECTOR) PROPOSED AT&T 80'-0" MONOPINE PROPOSED AT&T ANTENNA MOUNTING ASSEMBLY (SITEPRO-1 - RMVD8-3-3XX) EXTENT OF PROPOSED MONOPINE BRANCHES R11'-0" 4'-7" 4'-7" 3'-0" 3'-0" 10'-0" (TYP.) 20° AZ. SECTOR A 260° AZ. SECTOR B 130° AZ. SECTOR C A1 A2 A3 B1 B2B3 C1 C2 C3 (3) PROPOSED AT&T PANEL ANTENNAS AT A 72'-9" CENTERLINE ON A NEW 80' MONOPINE ((1) PER SECTOR) (3) PROPOSED AT&T PANEL ANTENNAS AT A 69'-3" CENTERLINE ON A NEW 80' MONOPINE ((1) PER SECTOR) 208 Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROECT NO:ᴀ APPROVED BY: R. CRU= CCL06325 MRSFR077657 C. WENER R. MARTINE= SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROECT INFORMATION:ᴀ REV. DATE DESCRIPTION BY ISSUE STATUS 022724 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 032724 100% ZONING R.C. 2 052924 LANDLORD REVISION R.C. 3 111224 100% ZONING R.C. PROPOSED SOUTH AND WEST ELEVATIONS 24" X 36" SCALE 1" 5' 11" X 17" SCALE 2 1" 10' 1 (6) PROPOSED AT&T PANEL ANTENNAS AT A 70'-0" CENTERLINE (3) PROPOSED AT&T PANEL ANTENNAS AT A 72'-9" CENTERLINE (3) PROPOSED AT&T PANEL ANTENNAS AT A 69'-3" CENTERLINE PROPOSED AT&T MONOPINE TOP OF STEEL AT 75'-0" 24" X 36" SCALE 1" 5' 11" X 17" SCALE 1" 10' PROPOSED AT&T MONOPINE OVERALL HEIGHT AT 80'-0" PROPOSED AT&T 8' CHAIN LINK FENCE PROPOSED AT&T 8'-0" X 8'-0" FABRICATED EQUIPMENT SHELTER MOUNTED ON A NEW 8'-0" X 8'-0" CONCRETE PAD PROPOSED AT&T CABLE SUPPORT PROPOSED AT&T GPS ANTENNA MOUNTED TO PROPOSED EQUIPMENT SHELTER PROPOSED AT&T ANTENNA SECTOR A PROPOSED AT&T ANTENNA SECTOR B (3) PROPOSED AT&T DC9 (DOME) SURGE SUPPRESSOR MOUNTED TO STANDOFF ARMS ((1) PER SECTOR) (9) PROPOSED AT&T REMOTE RADIO HEADS (RRHs) ON DUAL MOUNTS, MOUNTED STACKED TO NEW STANDOFF ARMS ((3) PER SECTOR) PROPOSED AT&T ANTENNA MOUNTING ASSEMBLY (SITEPRO-1 - RMVD8-3-3XX) PROPOSED AT&T ANTENNA SECTOR C (6) PROPOSED AT&T PANEL ANTENNAS AT A 70'-0" CENTERLINE (3) PROPOSED AT&T PANEL ANTENNAS AT A 72'-9" CENTERLINE (3) PROPOSED AT&T PANEL ANTENNAS AT A 69'-3" CENTERLINE PROPOSED AT&T MONOPINE TOP OF STEEL AT 75'-0" PROPOSED AT&T MONOPINE OVERALL HEIGHT AT 80'-0" PROPOSED AT&T ANTENNA SECTOR B PROPOSED AT&T ANTENNA SECTOR C (3) PROPOSED AT&T DC9 (DOME) SURGE SUPPRESSOR MOUNTED TO STANDOFF ARMS ((1) PER SECTOR) (9) PROPOSED AT&T REMOTE RADIO HEADS (RRHs) ON DUAL MOUNTS, MOUNTED STACKED TO NEW STANDOFF ARMS ((3) PER SECTOR) PROPOSED AT&T ANTENNA MOUNTING ASSEMBLY (SITEPRO-1 - RMVD8-3-3XX) PROPOSED AT&T 8' CHAIN LINK FENCE EXISTING WOODEN FENCE EXISTING WOODEN FENCE PROPOSED AT&T 8'-0" X 8'-0" FABRICATED EQUIPMENT SHELTER MOUNTED ON A NEW 8'-0" X 8'-0" CONCRETE PAD PROPOSED AT&T CABLE SUPPORT TOP OF PROPOSED CHAIN LINK FENCE AT 8'-0" TOP OF PROPOSED CHAIN LINK FENCE AT 8'-0" NOTE: 1. FAUX TREE FACILITIES MUST REPLICATE THE SHAPE, STRUCTURE, AND COLOR OF LIVE TREES. 2. THE DESIGN MUST RESEMBLE THE TREE SPECIES THEY INTEND TO REPLICATE. 3. BRANCHING SHOULD NOT MAKE THE FAUX TREE APPEAR TOP-HEAVY OR UNNATURAL. NOTE: 1. FAUX TREE FACILITIES MUST REPLICATE THE SHAPE, STRUCTURE, AND COLOR OF LIVE TREES. 2. THE DESIGN MUST RESEMBLE THE TREE SPECIES THEY INTEND TO REPLICATE. 3. BRANCHING SHOULD NOT MAKE THE FAUX TREE APPEAR TOP-HEAVY OR UNNATURAL. 209 Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROECT NO:ᴀ APPROVED BY: R. CRU= CCL06325 MRSFR077657 C. WENER R. MARTINE= SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROECT INFORMATION:ᴀ REV. DATE DESCRIPTION BY ISSUE STATUS 022724 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 032724 100% ZONING R.C. 2 052924 LANDLORD REVISION R.C. 3 111224 100% ZONING R.C. PROPOSED NORTH EAST ELEVATIONS 24" X 36" SCALE 1" 5' 11" X 17" SCALE 2 1" 10' 1 24" X 36" SCALE 1" 5' 11" X 17" SCALE 1" 10' (6) PROPOSED AT&T PANEL ANTENNAS AT A 70'-0" CENTERLINE (3) PROPOSED AT&T PANEL ANTENNAS AT A 72'-9" CENTERLINE (3) PROPOSED AT&T PANEL ANTENNAS AT A 69'-3" CENTERLINE PROPOSED AT&T MONOPINE TOP OF STEEL AT 75'-0" PROPOSED AT&T MONOPINE OVERALL HEIGHT AT 80'-0" PROPOSED AT&T ANTENNA SECTOR B PROPOSED AT&T ANTENNA SECTOR A (3) PROPOSED AT&T DC9 (DOME) SURGE SUPPRESSOR MOUNTED TO STANDOFF ARMS ((1) PER SECTOR) (9) PROPOSED AT&T REMOTE RADIO HEADS (RRHs) ON DUAL MOUNTS, MOUNTED STACKED TO NEW STANDOFF ARMS ((3) PER SECTOR) PROPOSED AT&T ANTENNA MOUNTING ASSEMBLY (SITEPRO-1 - RMVD8-3-3XX) PROPOSED AT&T 8' CHAIN LINK FENCEEXISTING WOODEN FENCE PROPOSED AT&T 8'-0" X 8'-0" FABRICATED EQUIPMENT SHELTER MOUNTED ON A NEW 8'-0" X 8'-0" CONCRETE PAD PROPOSED AT&T CABLE SUPPORT (6) PROPOSED AT&T PANEL ANTENNAS AT A 70'-0" CENTERLINE (3) PROPOSED AT&T PANEL ANTENNAS AT A 72'-9" CENTERLINE (3) PROPOSED AT&T PANEL ANTENNAS AT A 69'-3" CENTERLINE PROPOSED AT&T MONOPINE TOP OF STEEL AT 75'-0" PROPOSED AT&T MONOPINE OVERALL HEIGHT AT 80'-0" TOP OF PROPOSED CHAIN LINK FENCE AT 8'-0" PROPOSED AT&T 8' CHAIN LINK FENCE PROPOSED AT&T 8'-0" X 8'-0" FABRICATED EQUIPMENT SHELTER MOUNTED ON A NEW 8'-0" X 8'-0" CONCRETE PAD PROPOSED AT&T CABLE SUPPORT PROPOSED AT&T GPS ANTENNA MOUNTED TO PROPOSED EQUIPMENT SHELTER PROPOSED AT&T ANTENNA SECTOR A (3) PROPOSED AT&T DC9 (DOME) SURGE SUPPRESSOR MOUNTED TO STANDOFF ARMS ((1) PER SECTOR) (9) PROPOSED AT&T REMOTE RADIO HEADS (RRHs) ON DUAL MOUNTS, MOUNTED STACKED TO NEW STANDOFF ARMS ((3) PER SECTOR) PROPOSED AT&T ANTENNA MOUNTING ASSEMBLY (SITEPRO-1 - RMVD8-3-3XX) PROPOSED AT&T ANTENNA SECTOR C EXISTING WOODEN FENCE TOP OF PROPOSED CHAIN LINK FENCE AT 8'-0" NOTE: 1. FAUX TREE FACILITIES MUST REPLICATE THE SHAPE, STRUCTURE, AND COLOR OF LIVE TREES. 2. THE DESIGN MUST RESEMBLE THE TREE SPECIES THEY INTEND TO REPLICATE. 3. BRANCHING SHOULD NOT MAKE THE FAUX TREE APPEAR TOP-HEAVY OR UNNATURAL. NOTE: 1. FAUX TREE FACILITIES MUST REPLICATE THE SHAPE, STRUCTURE, AND COLOR OF LIVE TREES. 2. THE DESIGN MUST RESEMBLE THE TREE SPECIES THEY INTEND TO REPLICATE. 3. BRANCHING SHOULD NOT MAKE THE FAUX TREE APPEAR TOP-HEAVY OR UNNATURAL. 210 Agenda Item # 5.
NEW PIPE MOUNT PROPOSED RRU 8- NEW BACK TO BACK RRU MOUNTING BRACKET9- 10- TOP VIEW SIDE VIEW FRONT VIEW MANUFACTURER: ERICSSON MODEL: RRUS-4478 B14 SIZE (H x W x D): 18.10" x 13.40" x 8.26" WEIGHT: 59.4 LBS 13.40"
18.10" 8.26" SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: R. CRUZ CCL06325 MRSFR077657 C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROJECT INFORMATION: REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. NONE SCALE: 1 NONE SCALE: NONE 2 SCALE: NONE 5 SCALE: 8 NONE SCALE: NONE 6 SCALE: 9 NONE SCALE: NONE 4 SCALE: 7 NONE SCALE: 3 NONE SCALE: 10 NONE SCALE: 11 5- PIPE MOUNT, PER PLAN (MIN. 2" O.D. TO MAX. 6" O.D. PIPE GALVANIZED) (ORDERED SEPARATELY) COAX CABLE AND JUMPER (TYP.) SEE COAX CABLE SCHEDULE. NEW ANTENNA ANTENNA MANUFACTURER SUPPLIED MOUNT (PER MANUFACTURER) ANTENNA MANUFACTURER SUPPLIED BRACKET (PER MANUFACTURER) NOTE: ANTENNA ATTACHMENT SHOWN FOR DIAGRAMMATIC PURPOSES ONLY. SEE MANUFACTURER SPECIFICATIONS. PIPE MOUNT, PER PLAN (MIN. 2" O.D. TO MAX. 6" O.D. PIPE GALVANIZED) (ORDERED SEPARATELY) NEW ANTENNA ANTENNA MANUFACTURER SUPPLIED MOUNT (PER MANUFACTURER) ANTENNA MANUFACTURER SUPPLIED BRACKET (PER MANUFACTURER) NOTE: ANTENNA ATTACHMENT SHOWN FOR DIAGRAMMATIC PURPOSES ONLY. SEE MANUFACTURER SPECIFICATIONS. 4- COAX CABLE AND JUMPER (TYP.) SEE CABLE CABLE SCHEDULE. 3- AT&T QUINTEL - QD868-3D ANTENNA SPECIFICATIONS DIMENSION (DxLxW): 245x2438x460mm (9.6"x96.0"x18.1") WEIGHT: 120lbs (54.5kg)SIDE VIEW FRONT VIEW PROPOSED ANTENNA TOP VIEW
96.0" 18.1" 9.6" ERICSSON - RRUS 4490 TOTAL WEIGHT: 69.5 LBS POWER: 4X60 W RF PORT: 8 PORTS SIDE VIEW FRONT VIEW PLAN VIEW 15.7"
20.6" 7" ERICSSON - RRUS 4890 TOTAL WEIGHT: 68.4 LBS POWER: 4X60 W RF PORT: 4 COMMON SIDE VIEW FRONT VIEW PLAN VIEW 15.7"
20.6" 7.2" MANUFACTURER: ERICSSON MODEL: AIR6419 B77G SIZE (H x W x D): 28.3" x 16.1" x 7.9" WEIGHT: 66.0 LBS TOP VIEW SIDE VIEW FRONT VIEW 16.1" ~31.1" 4.6" 7.3"
7.3" ERICSSON AIR 6419 B77G/C-BAND SECTOR ANTENNA ERICSSON ANTENNA MOUNT MODEL# SXK 109 2065/1 MANUFACTURER: ERICSSON MODEL: AIR6419 B77D SIZE (H x W x D): 28.3" x 16.1" x 7.9" WEIGHT: 66.0 LBS TOP VIEW SIDE VIEW FRONT VIEW 16.1" ~31.1" 4.6" 7.3"
7.3" ERICSSON AIR 6419 B77G/C-BAND SECTOR ANTENNA ERICSSON ANTENNA MOUNT MODEL# SXK 109 2065/1 TOP VIEW FRONT VIEW SIDE VIEW
96.0" 22.0" 9.6" MANUFACTURER: QUINTEL MODEL: QD8612-2 SIZE (H x W x D): 96.0" x 22.0" x 9.6" WEIGHT: 109.0 LBS 211 Agenda Item # 5.
MANUFACTURER: RAYCAP MODEL: DC50-48-60-96-50F SIZE (H x W x D): 60.0" x 40.0" x 9.0" WEIGHT: --- LBS AT&T TOP VIEW FRONT VIEW SIDE VIEW 40.0"
60.0" 9.0" MANUFACTURER: EMERSON MODEL: NETSURE 7100 DC POWER SYSTEM SIZE (H x W x D): 72.1" x 31.8" x 39" WEIGHT: 2,348 LBS TOP VIEW FRONT VIEW RIGHT SIDE VIEW 31.8"
72.1" 39.0" 3.0" SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROECT NO:ᴀ APPROVED BY: R. CRUZ CCL06325 MRSFR077657 C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROECT INFORMATION:ᴀ REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. EQUIPMENT DETAIL NONE SCALE: 1 NONE SCALE: NONE 3 SCALE: NONE 5 SCALE: 8 NONE SCALE: NONE 6 SCALE: 9 NONE SCALE: 7 NONE SCALE: 4 NONE SCALE: 10 NONE SCALE: 11 NONE SCALE: SURGE SUPPRESSION (SQUID) 2
31.4" 10.24"Ø
1'-1.5" 1'-6.25" SPECIFICATIONS MFG: RAYCAP MODEL: DC9-48-60-24-8C-EV SURGE PROTECTION SOLUTIONS DIMENSIONS L18.28" X W10.24" X H31.4 WEIGHT: 26.2 LBS FRONT SIDE EQUIPMENT SPECIFICATIONS MFG: MODEL: HEIGHT: WIDTH: DEPTH: WEIGHT OF RACK: 105 LBS MAX WEIGHT: 555 LBS TELECT (or equal to) 12623-21 84.0 IN 25.88 IN 9.63 IN BOTTOM TOP 85" 25.88" 25.88" 9.63" 23" EQUIPMENT RACK PROPOSED AT&T DC9 (DOME) SURGE SUPPRESSOR (2) PROPOSED PIPE MOUNTING BANDS 2- NEW PIPE MOUNT 1/2" X 2-1/2" X 4-1/2" X 2" U-BOLT (HDG.) 3 x2 CROSS OVER PLATE 3456 PART NO. 1/2" HDG USS FLATWASHER 1/2" HDG LOCKWASHER 1/2'' HDG HEAVY 2H HEX NUT SCX4 G12FW G12LW G12NUT G12R-8 X-UB1212 1/2" x 8" THREADED ROD (HDG.) MANUFACTURER: VALMONT PART NO.: BBPM-K1 WEIGHT: 17.87 LBS 1 2 3 4 5 2 4 6 1 x2 x2 x2 x2 x2 ITEM DESCRIPTION 12 NEW 3-1/2" O.D. TO 4-1/2" O.D. STANDOFF ARM NEW 2-3/8" O.D. PIPE MOUNT (ORDERED SEPARATELY) OPTIONAL 2-3/8" O.D. PIPE (ORDERED SEPARATELY) 1- #2 AWG BTCW GPS (TYP. 3 PLACES) 1-1/4"Ø PIPE CABLE TO PIPE CONNECTOR BURNDY TYPE GAR CONTINUOUS BEAD OF SILICONE SEALANT @ TOP OF UNISTRUT (TYP.) CONDUIT CLAMP NEOPRENE WASHER @ THREADED ROD (TYP.) 12" MIN. LENGTH UNISTRUT P1000 (TYP.) PROPOSED SHELTER #6 AWG GROUNDING KIT CABLE 1/2"Ø COAXIAL CABLE COPPER ISOLATED GROUND BUS 6" MIN GPS ANTENNA AT SHELTER 212
Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROECT NO:ᴀ APPROVED BY: R. CRU= CCL06325 MRSFR077657 C. WENER R. MARTINE= SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROECT INFORMATION:ᴀ REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. DETAILS CIENA 3931 OR UAM IN
PWR GND OUT GND PWR IN CONDUIT FTP / OPN
ATT FIBER
CARRIER
ATT
PWR OUT 8" 24"
24" NOTES: 1. 24"X24"X8" BOX MOUNTED NEXT TO OR BELOW EQUIPMENT LOCATION. 2. 3/4 " BACKBOARD IN BOX 3. POWER LEADS MUST BE IN FLEX CONDUIT 4. 6"X6"X4" PLASTIC BOX MOUNTED ON RIGHT SIDE OF BACKBOARD 5. TERMINATION BLOCK TO BE PLACED IN 6X6 WITH FUSE 6. RUN GROUND WIRE ALONG OUTSIDE EDGE ON RIGHT SIDE OF BOX. MOVE GROUNDING BUSS TO RIGHT SIDE IF NECESSARY. 7. STUB OUT FLEX CONDUIT FROM TOP OF BOX TO MATCH 3931 CONDUIT PORTS.STUBS SHOULD BE 10 TO 12 INCHES IN LENGTH. 8. CARRIER WILL TERMINATE POWER ON ONE SIDE OF TERMINATION BLOCK. AT&T WILL TERMINATE ON THEIR SIDE, AND POP IN FUSE 9. FUSE SHOULD BE LEFT IN BOX PRIOR TO TURN UP PROPOSED GENERATOR MOUNTED TO TANK PER MANUFACTURER SPECIFICATION PROPOSED GENERATOR TANK PROPOSED 1/2" DIA. HILTI HIT HY-200 W/ 4" EMBEDMENT (1) EA CORNER (4) EA UNIT FINISHED GRADE PROPOSED 6" THK CONCRETE PAD 8" MIN. NONE SCALE: 1 NONE SCALE: NONE 2 SCALE: NONE 3 SCALE: 4 NONE SCALE: 5 6" 1" CHAMFER 3/4"Ø CRUSHED STONE OR TYPE II FILL EXTEND 1'-0" MIN. BEYOND PLATFORM OR FENCING #4 BARS @ 8" O.C. EACH WAY AT MID-DEPTH CONCRETE SHALL HAVE A MINIMUM 28 DAY COMPRESSIVE STRENGTH OF 2500 PSI. REINFORCING STEEL SHALL CONFORM TO ASTM A615. 4- 213 Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDORᴀ DRAWN BYᴀ CHECKED BYᴀ AT T SITE NO PROJECT NOᴀ APPROVED BYᴀ R. CRUZ CCL06325 MRSFR077657 C. WENER R. MARTINEZ SHEET TITLEᴀ SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROJECT INFORMATIONᴀ REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSUREᴀ 0 A Nextedge Company
1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. ANTENNA MOUNTING ASSEMBLY DETAILS PART LIST ITEM QTY PART NO. PART DESCRIPTION LENGTH UNIT WT. NET WT. 1 6 X-LWRM RING MOUNT WELDMENT 68.81 412.85 2 6 X-SV197-36 SUPPORT ARM WELDMENT - 36" 67.93 407.60 3 6 X-SP216 LARGE SUPPORT CROSS PLATE 22.08 132.464 6 P396 3-1/2" X 96" (3" SCH 40) GALVANIZED PIPE 96.00 IN 60.75 364.49 5 18 X-SP219 SMALL SUPPORT CROSS PLATE 8.250 IN 8.61 154.99 6 18 G58E-24 5/8" X 24" THREADED ROD (HDG.) 2.09 37.63 6 18 G58R-48 5/8" X 48" GLAV THREADED ROD 4.39 79.03 7 12 X-UB5458 5/8" X 4-5/8" X 7" X 3" U-BOLT (HDG.) 1.54 18.42 8 36 G58FW 5/8" HDG USS FLATWASHER .122 0.07 2.54 9 84 G58LW 5/8" HDG LOCKWASHER 0.03 2.19 10 36 G58NUT 5/8" HDG HEAVY 2H HEX NUT 0.13 4.68 11 24 A58234 5/8" X 2-3/4" HDG A325 HEX BOLT 2.75 0.36 8.54 12 24 A58FW 5/8" HDG A325 FLATWASHER 0.03 0.82 13 48 A58NUT 5/8" HDG A325 HEX NUT 0.13 6.23 14 24 X-UB1358 1/2" X 3-5/8" X 5-1/2" X 3" U-BOLT (HDG.) 0.77 18.54 15 36 X-UB1306 1/2" X 3-5/8" X 6" X 3" U-BOLT (HDG.) 0.83 29.82 16 36 X-UB1300 1/2" X 3" X 5" X 2" U-BOLT (HDG.) 070 25.09 17 192 G12FW 1/2" HDG USS FLATWASHER 0.095 0.03 6.54 18 192 G12LW 1/2" HDG LOCKWASHER .125 0.01 2.67 19 192 G12NUT 1/2" HDG HEAVY 2H HEX NUT 0.07 13.75 20 6 A B C D TABLE TABLE ASSEMBLY NO. PART NO. "A" PART DESCRIPTION "B" LENGTH "C" UNIT WT. "D" TOTAL WT. RMVD8-3-3072 P3072 2-7/8" O.D. SCH. 40 PIPE 72" 34.84 2,042.45 RMVD8-3-3084 P3084 2-7/8" O.D. SCH. 40 PIPE 84" 40.65 2,094.71 RMD8-3-3096 P3096 2-7/8" O.D. SCH. 40 PIPE 96" 46.45 2,172.05 RMVD8-3-3120 P3120 2-7/8" O.D. SCH. 40 PIPE 120" 80.49 2,251.49 DETAIL A DETAIL B DETAIL C PLAN VIEW SIDE VIEW A
B
C20
68910
2 1
4 516171819 15171819
78910 14171819
3 11
91213 12" TO 45" POLE DIAMETER 43 7/8" 43 7/8"
49 7/16"
(REF.)
VARIES
ADJUSTABLE
214
Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: R. CRU= CCL06325 MRSFR077657 C. WENER R. MARTINE= SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROJECT INFORMATION: REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. EQUIPMENT DETAILS SCALE: NONE 1 8'-6" 3" 8'-0" 3" 8'-3" 9'-4 1/2" 5 1/2"
8" 20 1/4" 2" (TYP.)
21 1/8" 10 1/8" 36" 51" 28 1/8" 24 3/8" 10" (TYP.) 8" (TYP.) 15 1/4" 7 1/4" 30"35" 37" 39" 9 3/4" N CAULK ALL AROUND FLANGE SURFACE ON BACK SIDE FOR WATERTIGHT SEAL P J 2" SVC ENTRY DOOR GROUND SEE NOTES 1 & 2 1/2" ENTRY 3/4" ENTRY 10" (TYP.) 8" (TYP.) 12" 15 3/4" 2" (TYP.) 26" 69" 7'-0 1/2" 10 1/2" 15 3/4" 8'-6" 3" 8'-0" 3" 17" 22" 37" 12" 21 1/2" 10" SCALE: NONE 2 8'-3" 9'-4 1/2" 5 1/2"8" 8'-5" 18 1/4" 6'-6" 7'-11 1/2" EXPOSED AGGREGATE TYPICAL ALL WALLS HVAC CKT 25/27 H SCALE: NONE 4 SCALE: NONE 5 11'-8 5/16" 8'-6" 3" 8'-0" 3" 9'-4 1/2" 8" 8'-3" 4" 16"
60" 17" 62" AT&T 4" 40" 40" 1 1/2"
78"
46 5/8" 14" 63 7/16" 7'-2" 14" 8'-7" 5- 6'-11 1/2" 8'-0" 6 1/4" 6 1/4" 6 1/4" 6'-11 1/2" 6 1/4" 8'-0" 10 1/8" 36" 3- EXTERIOR ELEVATION 'B' 4- EXTERIOR ELEVATION 'C' 2- EXTERIOR ELEVATION 'A' EXTERIOR ELEVATION 'D' SCALE: NONE 3 NOTE: DETAILED SHELTER INFORMATION AND SPECIFICATIONS FOR PRODUCTS AND PRODUCT LIST CAN BE FOUND IN REFERENCED SABRE INDUSTRIES DRAWING NO. SATN70 215 Agenda Item # 5.
SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDORᴀ DRAWN BYᴀ CHECKED BYᴀ AT T SITE NO
PRO-ECT NO
APPROVED BYᴀ R. CRU= CCL06325 MRSFR077657 C. WENER R. MARTINE= SHEET TITLEᴀ SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PRO-ECT INFORMATION REV. DATE DESCRIPTION BY ISSUE STATUS 022724 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSUREᴀ 0 A Nextedge Company 1 032724 100% ZONING R.C. 2 052924 LANDLORD REVISION R.C. 3 111224 100% ZONING R.C. EXTERIOR LIGHTING SPECS SCALEᴀ NONE 1 216 Agenda Item # 5.
PROPOSED AT&T POINT OF ACCESS PROPOSED AT&T 12' WIDE NON-EXCLUSIVE VEHICULAR PATH OF ACCESS EXISTING UTILITY POLE AND PROPOSED AT&T FIBER SOURCE (TOTAL FIBER ROUTE ~585') PROPOSED AT&T UNDERGROUND FIBER ROUTE (~205') PROPOSED PG&E POWER AND AT&T FIBER JOINT TRENCH (~355') SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: R. CRU= CCL06325 MRSFR077657 C. WENER R. MARTINE= SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROJECT INFORMATION: REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. ( IN FEET ) GRAPHIC SCALE 25 0 12.5 25 50 100 24" X 36" SCALE 1" 25' 11" X 17" SCALE 1" 50' 1 1. UTILITY POINTS OF SERVICE AND WORK/MATERIALS SHOWN ARE BASED UPON PRELIMINARY INFORMATION PROVIDED BY THE UTILITY COMPANIES AND ARE FOR BID PURPOSES ONLY. 2. CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANY FOR FINAL AND EXACT WORK/MATERIALS REQUIREMENTS AND CONSTRUCT TO UTILITY COMPANY ENGINEERING PLANS AND SPECIFICATIONS ONLY. CONTRACTOR SHALL FURNISH AND INSTALL ALL CONDUIT, PULL ROPES, CABLES, PULL BOXES, CONCRETE ENCASEMENT OF CONDUIT (IF REQUIRED), TRANSFORMER PAD, BARRIERS, POLE RISERS, TRENCHING, BACK FILL, PAY ALL UTILITY COMPANY FEES AND INCLUDE ALL REQUIREMENTS IN SCOPE OF WORK. THE ENGINEER OF RECORD HAS PERFORMED ALL REQUIRED SHORT CIRCUIT CALCULATIONS AND THE AIC RATINGS INDICATED FOR EACH DEVICE IS ADEQUATE TO PROTECT THE EQUIPMENT AND THE ELECTRICAL SYSTEM. THE ENGINEER OF RECORD HAS PERFORMED ALL REQUIRED VOLTAGE DROP CALCULATIONS AND ALL BRANCH CIRCUITS AND FEEDERS COMPLY WITH NEC (LISTED ON T1) ARTICLE 210,19(A)(1) FPN NO. 4. ELECTRICAL CERTIFICATES NOTES: 1. ALL WORK TO CONFORM TO N.E.C. LATEST STATE ADOPTED EDITION. 2. LABEL SERVICE DISCONNECT WITH RED TAG 3. ALL GFCI RECEPTACLES TO HAVE A DEDICATED GROUND WIRE. 4. EQUIPMENT TERMINATION LUGS AND CONDUCTORS ARE RATED AT A MINIMUM OF 75°C. 5. CONDUIT REQUIREMENTS -UNDERGROUND PVC (SCH 40 OR 80) -INDOOR: EMT (RGS IN TRAFFIC AREAS) -OUTDOOR (ABOVE GRADE): RGS 6. LIGHTING IS DESIGNED AND INSTALLED BY SHELTER MANUFACTURER NORTH NONE SCALE: 2 NONE SCALE: 3 NONE SCALE: 4 PROPOSED 2" CONDUIT WITH (3) # 3/0 AWG 1 #4 GND. (~40') PROPOSED AT&T 200A AUTOMATIC TRANSFER SWITCH WITH A 200A DISCONNECT 200A/2P SUB FEED 200A/2P BREAKER AUTO 200A/2P PROPOSED AT&T 200A CAM LOCK BOX (2) PROPOSED 2-1/2" CONDUITS WITH (4) 4/0 AWG CU AND (1) #2 AWG GRND (~2') (TYPE THHW) EACH PROPOSED 2" CONDUIT WITH (3) 3/0 AWG CU AND (1) #3 AWG GRND (~40') (TYPE THWN) EACH #4 UFER GROUND PER NEC 250.50 PROPOSED AT&T 30KW GENERATOR ON A NEW CONCRETE PAD 200A/2P PROPOSED 3/4" CONDUIT W/ (6) #10 AWG CU & (3) #10 AWG CU GND. TYPE THWN (~40') PROPOSED 3/4" ALARM CONDUIT W/ 12/20 TELCO CABLING (~40') MANUAL 200A/2P M200A PROPOSED METER/MAIN, 120/240V, 1ɸ, 3W, 200A, 42 KAIC, MOUNTED ON EXISTING SWITCH GEAR CABINET FROM POWER SOURCE PROPOSED AT&T 200A DISTRIBUTION PANEL 120/240V, 1Ø 3W (2) PROPOSED 2" CONDUITS WITH (4) 3/0 AWG CU AND (1) #3 AWG GRND (~2') (TYPE THWN) (IN EACH) LOAD CENTER 120/240V, 1ɸ, 3W, 200A PROPOSED 2 (1) # 3 AWG GND. (~10') UTILITY ROUTING, PANEL SCHEDULE, SINGLE LINE DIAGRAM & NOTES PROPOSED PG&E STEP-DOWN TRANSFORMER PROPOSED 2" CONDUIT WITH (3) # 3/0 AWG 1 #4 GND. (~355') PROPOSED 2-1/2" CONDUIT WITH (2) # 4/0 AWG, (1) #2 GND. (~10') EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING BUILDING EXISTING TENNIS COURTS FREMONT AVENUE EXISTING BUILDING EXISTING PG&E HIGH VOLTAGE VAULT AND PROPOSED AT&T POWER POC (TOTAL POWER ROUTE ~375') M200A400A BUSS 1E-2 PROPOSED 400A TERMINATION 217 Agenda Item # 5.
NOTE: TYPICAL INSTALLATION. UTILITY DESIGN TAKES PRECEDENCE. FINISHED GRADE TO EDGE OF WATER TRENCH 36" MIN. EDGE OF TRENCH UNEXCAVATED FIBER TERRA-TAPE (1) 4" FIBER CONDUIT POWER TERRA-TAPE 15"-18" 12"
36" MIN. 30" MIN. 18" MIN. BACKFILL AS REQUIRED BY LOCAL CODES IF IN PUBLIC RIGHT-OF-WAY. NATURAL GROUND SHALL CONTAIN ROCKS NO LARGER THAN 3" APPROVED SAND 3" BELOW 8" ABOVE CONDUIT COMPACTED TO 90% RELATIVE DENSITY POWER CONDUIT- SIZE VARIES (SEE SINGLE LINE) SPECTRUM SERVICES, LLC 4850 WEST OQUENDO ROAD LAS VEGAS, NEVADA 89118 PHONE: (702) 367-7705 FAX: (702) 367-8733 5001 EXECUTIVE PARKWAY SAN RAMON, CALIFORNIA 94583 at&t PREPARED FOR VENDOR: DRAWN BY: CHECKED BY: AT&T SITE NO: PROJECT NO: APPROVED BY: R. CRUZ CCL06325 MRSFR077657 C. WENER R. MARTINEZ SHEET TITLE: SHEET NUMBER CCL06325 LOS ALTOS CITY MAINTENANCE 707 FREMONT AVENUE LOS ALTOS, CALIFORNIA 94024 PROJECT INFORMATION: REV. DATE DESCRIPTION BY ISSUE STATUS 02/27/24 90% ZONING R.C. IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER, TO ALTER THIS DOCUMENT. LICENSURE: 0 A Nextedge Company 1 03/27/24 100% ZONING R.C. 2 05/29/24 LANDLORD REVISION R.C. 3 11/12/24 100% ZONING R.C. NOTE: TYPICAL INSTALLATION UTILITY DESIGN TAKES PRECEDENCE. FINISHED GRADE TO EDGE OF WATER TRENCH 36" MIN. EDGE OF TRENCH UNEXCAVATED POWER TERRA-TAPE 15"-18"
36" MIN. 30" MIN. 18" MIN. BACKFILL AS REQUIRED BY LOCAL CODES IF IN PUBLIC RIGHT-OF-WAY. NATURAL GROUND SHALL CONTAIN ROCKS NO LARGER THAN 3" APPROVED SAND 4" BELOW 8" ABOVE CONDUIT COMPACTED TO 90% RELATIVE DENSITY POWER CONDUIT (SIZE AND QUANTITY PER PLAN) POWER TRENCH 2 SCALE: 3 NONE SCALE: NONE HOFFMAN NEMA 4 BOX NOTE: TYPICAL INSTALLATION. UTILITY DESIGN TAKES PRECEDENCE. FINISHED GRADE UNEXCAVATED FIBER TERRA-TAPE (1) 2" FIBER CONDUIT 15"-18"
36" MIN. 30" MIN. 18" MIN. BACKFILL AS REQUIRED BY LOCAL CODES IF IN PUBLIC RIGHT-OF-WAY. NATURAL GROUND SHALL CONTAIN ROCKS NO LARGER THAN 3" APPROVED SAND 4" BELOW 8" ABOVE CONDUIT COMPACTED TO 90% RELATIVE DENSITY FIBER TRENCH NONE 5 SCALE: NONE 8 SCALE: GENERATOR TRENCH NOTE: TYPICAL INSTALLATION. UTILITY DESIGN TAKES PRECEDENCE. FINISHED GRADE TO EDGE OF WATER TRENCH 36" MIN. EDGE OF TRENCH UNEXCAVATED POWER CONDUIT POWER TERRA-TAPE 15"-18" 43" MIN. 51" MAX. 36" MIN. 30" MIN. 18" MIN. BACKFILL AS REQUIRED BY LOCAL CODES IF IN PUBLIC RIGHT-OF-WAY. NATURAL GROUND SHALL CONTAIN ROCKS NO LARGER THAN 3" APPROVED SAND 4" BELOW 8" ABOVE CONDUIT COMPACTED TO 90% RELATIVE DENSITY SPECIFICATIONS MODEL: HOFFMAN NEMA 4 RATING STEEL ENCLOSURE HEIGHT: 30.0 INCHES WIDTH: 30.0 INCHES DEPTH: 12.0 INCHES WEIGHT: 77.0 LBS AC PANEL SPECIFICATIONS ASCO D300L SERIS POWER TRANSFER LOAD CENTER RATED 200 AMPERES, 240V MAX., SINGLE PHASE / 3 WIRE, TYPE 3R ENCLOSURE SPECIFICATIONS: MFG: INTERSECT, INC. MODEL: AA-G-3R-CL PTLC OVERALL DIMENSIONS: 53"H X 32"W X 12.3"D (EXCLUDING SIDE MOUNT RECEPTACLE) 53"H X 41.8"W X 12.3"D (INCLUDING SIDE MOUNT RECEPTACLE) WEIGHT: 200LBS 3.5" 5.5" 8.54" 3.39" 4.79" 1.50" TRADE SIZE KNOCKOUT DRAIN PLUG (2 PLACES) (2) 2.0" TRADE SIZE KNOCKOUTS 1.50" TRADE SIZE KNOCKOUT EXTERNAL MASKED GROUNDING POINT (2) .25-20 FASTENER BOTTOM FRONT WITH EXTERIOR DOOR LEFT SIDE
53.0"
18.36" REF. 11.64" REF 9.88" 32.0" 12.25" 41.88" NONE 4 SCALE: 200A CAM LOCK BOX FRONT VIEW SIDE VIEW NONE 7 CAM LOCK BOX SCALE: PROPOSED AT&T 30KW AC GENERATOR ON A NEW 4'-0" X 10'-0" CONCRETE PAD PROPOSED AT&T INTEGRATED LOAD CENTER (ILC) AND CAMLOCK GENERATOR INTERFACE MOUNTED TO PROPOSED EQUIPMENT SHELTER EXTERIOR WALL PROPOSED PG&E TRANSFORMER ON 50" X 52" CONCRETE PAD PROPOSED AT&T 2" UNDERGROUND CONDUIT WITH CONDUCTORS (~40') PROPOSED AT&T 3/4" UNDERGROUND ALARM CONDUIT WITH TELCO CABLING (~40') PROPOSED AT&T 3/4" UNDERGROUND CONDUIT WITH CONDUCTORS (~40') PROPOSED PG&E POWER AND AT&T FIBER JOINT TRENCH (~355') PROPOSED PG&E UNDERGROUND POWER ROUTE (~20') PROPOSED AT&T 2" UNDERGROUND CONDUIT WITH CONDUCTORS (~25') PROPOSED AT&T 200A METER PANEL ON 400A MULTI-METER BANK MOUNTED TO A NEW H-FRAME PROPOSED AT&T CIENA AND HOFFMAN BOX MOUNTED TO A NEW H-FRAME PROPOSED AT&T FIBER VAULT PROPOSED AT&T UNDERGROUND FIBER ROUTE (~40') NORTH ( IN FEET ) GRAPHIC SCALE 3 0 1.5 3 6 12 24" X 36" SCALE 1" 3' 11" X 17" SCALE 1" 6' 1 NONE 6 SCALE: ENLARGED UTILITY ROUTING 2-2- 2- 5- 3- 8- 4- 6- 5- 7- 218 Agenda Item # 5.
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221
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222
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(c) 2007 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.
CCL06325 Propagation Map
April 2, 2024
224
Agenda Item # 5.
“AT&T PROPRIETARY -- This information constitutes confidential trade secrets and commercial or financial information owned by AT&T and is shared for Critical Infrastructure Protection purposes only. It is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552), Exemptions (b)(3)&(4), and its disclosure is prohibited under the Trade Secrets Act (18 U.S.C. 1905), the Critical Infrastructure Information Act of 2002, 6 U.S.C. § 133, and any State or local law requiring disclosure of information or records. This information must not be copied (whether mechanically or electronically through screen shots or other recording) or distributed to others not agreed upon by AT&T, but in all events do not copy or distribute to such others without notification pursuant to Executive Order 12600.”
Existing Sites LTE 700 Coverage
225
Agenda Item # 5.
“AT&T PROPRIETARY -- This information constitutes confidential trade secrets and commercial or financial information owned by AT&T and is shared for Critical Infrastructure Protection purposes only. It is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552), Exemptions (b)(3)&(4), and its disclosure is prohibited under the Trade Secrets Act (18 U.S.C. 1905), the Critical Infrastructure Information Act of 2002, 6 U.S.C. § 133, and any State or local law requiring disclosure of information or records. This information must not be copied (whether mechanically or electronically through screen shots or other recording) or distributed to others not agreed upon by AT&T, but in all events do not copy or distribute to such others without notification pursuant to Executive Order 12600.”
Existing Sites + CCL06325 LTE 700 Coverage
CCL06325
226
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AT&T Mobility • Proposed Base Station (Site No. CCL06325) 707 Fremont Avenue • Los Altos, California
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Statement of Hammett & Edison, Inc., Consulting Engineers The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of AT&T Mobility, a wireless telecommunications carrier, to evaluate the base station (Site No. CCL06325) proposed to be located at 707 Fremont Avenue in Los Altos, California, for compliance with appropriate guidelines limiting human exposure to radio frequency (“RF”) electromagnetic fields.
Executive Summary
AT&T proposes to install directional panel antennas on a tall steel pole, configured to resemble a pine tree, to be sited at 707 Fremont Avenue in Los Altos. The proposed operation will comply with the FCC guidelines limiting public exposure to RF energy.
Prevailing Exposure Standard
The U.S. Congress requires that the Federal Communications Commission (“FCC”) evaluate its actions for possible significant impact on the environment. A summary of the FCC’s exposure limits is shown in Figure 1. These limits apply for continuous exposures and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive limit for exposures of unlimited duration at several wireless service bands are as follows:
Transmit “Uncontrolled” Occupational Limit
Wireless Service Band Frequency Public Limit (5 times Public) Microwave (point-to-point) 1–80GHz 1.0 mW/cm2 5.0 mW/cm2 Millimeter-wave 24–47 1.0 5.0
Part 15 (WiFi & other unlicensed) 2–6 1.0 5.0
C-Band 3,700 MHz 1.0 5.0
DoD-Band 3,450 1.0 5.0
WCS (Wireless Communication) 2,305 1.0 5.0
AWS (Advanced Wireless) 2,110 1.0 5.0
PCS (Personal Communication) 1,930 1.0 5.0
Cellular 869 0.58 2.9
FNET (Public Safety Priority) 758 0.50 2.5
Band 17 734 0.49 2.45
Band 29 717 0.48 2.4
600 MHz 617 0.41 2.05
[most restrictive frequency range] 30–300 0.20 1.0
General Facility Requirements
Base stations typically consist of two distinct parts: the electronic transceivers (also called “radios”) that are connected to the traditional wired telephone lines, and the antennas that send the wireless signals created by the radios out to be received by individual subscriber units. The transceivers are 227
Agenda Item # 5.
AT&T Mobility • Proposed Base Station (Site No. CCL06325) 707 Fremont Avenue • Los Altos, California
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often located at ground level and are connected to the antennas by coaxial cables. Because of the short wavelength of the frequencies assigned by the FCC for wireless services, the antennas require line-of-sight paths for their signals to propagate well and so are installed at some height above ground.
The antennas are designed to concentrate their energy toward the horizon, with very little energy wasted toward the sky or the ground. This means that it is generally not possible for exposure conditions to approach the maximum permissible exposure limits without being physically very near the antennas.
Computer Modeling Method
The FCC provides direction for determining compliance in its Office of Engineering and Technology Bulletin No. 65, “Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to Radio Frequency Radiation,” dated August 1997. Figure 2 describes the calculation methodologies, reflecting the facts that a directional antenna’s radiation pattern is not fully formed at locations very close by (the “near-field” effect) and that at greater distances the power level from an energy source decreases with the square of the distance from it (the “inverse square law”). This methodology is an industry standard for evaluating RF exposure conditions and has been demonstrated through numerous field tests to be a conservative prediction of exposure levels.
Site and Facility Description
Based upon information provided by AT&T, including zoning drawings by Spectrum Services, LLC, dated May 24, 2024, it is proposed to install twelve directional panel antennas – six each Quintel Model QD8612-2 and Ericsson Model AIR6419 – on a 75-foot steel pole, configured to resemble a pine tree,* to be sited near the northeast corner of the parking lot at McKenzie Park, located at 707 Fremont Avenue in Los Altos, California. The Quintel antennas would employ up to 12° downtilt and would be mounted at an effective height of about 70 feet above ground. The Ericsson antennas would employ up to 19° downtilt and would be mounted in stacked pairs at effective heights of about 69 and 72½ feet above ground. The twelve antennas would be oriented in identical groups of four (two of each model) toward 20°T, 130°T, and 260°T. The maximum effective radiated power in any direction would be 62,940 watts, representing simultaneous operation at 24,290 watts for C-Band,
† 11,740 watts for DoD-Band,† 7,220 watts for AWS, 6,770 watts for PCS, 5,040 watts for cellular, 3,150 watts for FirstNet, and 4,730 watts for Band 17 service. There are reported no other wireless telecommunications base stations at the site or nearby. * Foliage atop the pole puts the overall height at about 80 feet. † AT&T reports maximum effective radiated power of 101,200 watts in C-Band and 48,900 watts in DoD-Band, to which a duty cycle of 75% is applied; a statistical factor of 32% is also included, to account for spatial distribution of served users, based on the United Nations International Telecommunication Union ITU-T Series K, Supplement 16, dated May 20, 2019.
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AT&T Mobility • Proposed Base Station (Site No. CCL06325) 707 Fremont Avenue • Los Altos, California
N0T7
Study Results
For a person anywhere at ground, the maximum RF exposure level due to the proposed AT&T operation is calculated to be 0.11 mW/cm2, which is 17% of the applicable public exposure limit.
The maximum calculated level at the second-floor elevation of any nearby building‡ is 23% of the public exposure limit. The maximum calculated level at the second-floor elevation of any nearby residence§ is 10% of the public exposure limit. It should be noted that these results include several “worst-case” assumptions and therefore are expected to overstate actual power density levels from the proposed operation.
No Recommended Mitigation Measures
Due to their mounting location and heights, the AT&T antennas would not be accessible to unauthorized persons, and so no measures are necessary to comply with the FCC public exposure guidelines. It is presumed that AT&T will, as an FCC licensee, take adequate steps to ensure that its employees or contractors receive appropriate training and comply with FCC occupational exposure guidelines whenever work is required near the antennas themselves.
Conclusion
Based on the information and analysis above, it is the undersigned’s professional opinion that operation of the base station proposed by AT&T Mobility at 707 Fremont Avenue in Los Altos, California, will comply with the prevailing standards for limiting public exposure to radio frequency energy and, therefore, will not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating base stations.
Authorship
The undersigned author of this statement is a qualified Professional Engineer, holding California Registration Nos. E-13026 and M-20676, which expire on June 30, 2025. This work has been carried out under his direction, and all statements are true and correct of his own knowledge except, where noted, when data has been supplied by others, which data he believes to be correct.
William F. Hammett, P.E.
May 31, 2024 707/996-5200
‡ Located at least 90 feet away, based on photographs from Google Maps. § Located at least 325 feet away, based on photographs from Google Maps. 229
Agenda Item # 5.
FCC Guidelines
Figure 1
1000
100
10 1
0.1 0.1 1 10 100 103 104 105
Occupational Exposure
Public Exposure
PCS
Cell
FM
Power
Density
(mW/cm2
)
FCC Radio Frequency Protection Guide
The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission (“FCC”) to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a significant impact on the environment. The FCC adopted the limits from Report No. 86, “Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields,” published in 1986 by the Congressionally chartered National Council on Radiation Protection and Measurements (“NCRP”).
Separate limits apply for occupational and public exposure conditions, with the latter limits generally five times more restrictive. The more recent standard, developed by the Institute of Electrical and Electronics Engineers IEEE C95.1-, “Safety Levels with Respect to Human Exposure to &MFDUSJD
.BHOFUJD
BOE Electromagnetic Fields, )[ to 300 GHz,” includes similar limits. These limits apply for continuous exposures from all sources and are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or health.
As shown in the table and chart below, separate limits apply for occupational and public exposure conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive:
Frequency Electromagnetic Fields (f is frequency of emission in MHz) Applicable
Range
(MHz)
Electric
Field Strength
(V/m)
Magnetic
Field Strength
(A/m)
Equivalent Far-Field
Power Density
(mW/cm2
)
0.3 – 1.34 614 614 1.63 1.63 100 100
1.34 – 3.0 614 823.8/ f 1.63 2.19/ f 100 180/ f 2
3.0 – 30 1842/ f 823.8/ f 4.89/ f 2.19/ f 900/ f 2 180/ f 2 30 – 300 61.4 27.5 0.163 0.0729 1.0 0.2
300 – 1,500 3.54 f 1.59 f f /106 f /238 f/300 f/1500
1,500 – 100,000 137 61.4 0.364 0.163 5.0 1.0
Frequency (MHz)
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230
Agenda Item # 5.
RFE.CALCTM Calculation Methodology
Assessment by Calculation of Compliance with FCC Exposure Guidelines Calculation Methodology
Figure 2 ©2023
180
θBW
×
0.1× Pnet
π ×D × h
0.1 x 16 x n x P
x h2
0.1×16 ×η × Pnet
π × h2
net
BW
180 0.1 x Pnet x
180
θBW
×
0.1× Pnet
π ×x DD x ×hh
2.56 x 1.64 x 100 x RFF2
x ERP
4 x x D2
180
θBW
×
0.1× Pnet
π ×D × h S =
q BW
Hammett & Edison has incorporated the FCC Office of Engineering and Technology Bulletin No. 65 (“OET-65”) formulas (see Figure 1) in a computer program that calculates, at millions of locations on a grid, the total expected power density from any number of individual radio frequency sources. The program uses the specific antenna patterns from the manufacturers and allows for the inclusion of uneven terrain in the vicinity, as well as any number of nearby buildings of varying heights, to obtain accurate projections of RF exposure levels. The program can account for spatial-averaging when antenna patterns are sufficiently narrow, and timeaveraging is typically considered when operation is in single-frequency bands, which require time-sharing between the base station and the subscriber devices.
OET-65 provides this formula for calculating power density in the far-field from an individual RF source:
power density in mW/cm2
where ERP = total Effective Radiated Power (all polarizations), in kilowatts, RFF = three-dimensional relative field factor toward point of calculation, and D = distance from antenna effective height to point of calculation, in meters.
The factor of 2.56 accounts for the increase in power density due to reflections, assuming a reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). This factor is typically used for all sources unless specific information from FCC filings by the manufacturer indicate that a different reflection coefficient would apply. The factor of 1.64 is the gain of a half-wave dipole relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of power density.
Because antennas are not true “point sources,” their signal patterns may not be fully formed at close distances and so exposure levels may be lower than otherwise calculated by the formula above. OET-65 recommends the cylindrical model formula below to account for this “near-field effect”:
power density in mW/cm2 S =
where Pnet = net power input to antenna, in watts,
= half-power beamwidth of antenna, in degrees,
D = distance from antenna effective height to point of calculation, in meters, and h = aperture height of antenna, in meters.
The factor of 0.1 in the numerator converts to the desired units of power density.
OET-65 confirms that the “crossover” point between the near- and far-field regions is best determined by finding where the calculations coincide from the two different formulas, and the program uses both formulas to calculate power density.
180
θBW
×
0.1× Pnet
π ×D × h
0.1 x 16 x n x P
x h2
0.1×16 ×η × Pnet
π × h2
net
BW
180 0.1 x Pnet x
θ
180
θBW
×
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π ×x DD x ×hh
2.56 x 1.64 x 100 x RFF2
x ERP
4 x x D2
180
θBW
×
0.1× Pnet
π ×D × h S =
q BW
180
θBW
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0.1× Pnet
π ×D × h
0.1 x 16 x n x P
x h2
0.1×16 ×η × Pnet
π × h2
net
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180
θBW
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π ×x DD x ×hh
2.56 x 1.64 x 100 x RFF2 x ERP
4 x x D2
180
θBW
×
0.1× Pnet
π ×D × h S =
231
Agenda Item # 5.
From: Jennifer Yeh
To: [email protected]; Brittany Whitehill; Planning Services Subject: Tower proposal
Date: Monday, November 18, 2024 10:25:34 AM
Dear Planning Coordinators,
I would like to voice my strong objection to the building of a cell tower in the McKinsey Park area in Los Altos (please see attached announcement). In the past year, the city has converted this area to a dog park AND a pickle ball court. Because I live directly across the street from both of these new developments, I can hear dogs barking as early as 6 am, people playing pickle ball until 10 pm and sometimes 11 pm, and see a constant light shining into my home. This has been a continual nuisance to my property. Adding a cell tower is not only insightful, but research has shown that it can be harmful to young children (I have 3 children living in the home). I will send you research articles regarding the harmful effects of cell towers near young children.
Please consider relocating this cell tower to a different location.
Thank you
Jen Yeh
415-244-7986
1320 Country Club Drive
Los Altos, CA 94024
232
Agenda Item # 5.
City Council Agenda Report
Meeting Date: February 11, 2024
Prepared By: Anthony Carnesecca
Approved By: Gabe Engeland
Subject: Authorize Park Impact Fee Expenditure for Downtown Park with Parking
COUNCIL PRIORITY AREA
☒Business Communities
☒Circulation Safety and Efficiency
☒Environmental Sustainability
☒Housing
☐Neighborhood Safety Infrastructure
☐General Government
RECOMMENDATION
City staff recommends that the City Council:
Adopt resolution to use Park Impact Fee funds for community engagement and design services for downtown park with parking
Adopt resolution to award contract to Watry Design, Inc. for Community Engagement and Design Services for Downtown Park with Parking in the amount of $2,288,500 and authorize the City Manager to execute a change order not to exceed 10% ($228,850) of the total contract amount on behalf of the City
FISCAL IMPACT
The total contract will cost $2,288,500 over roughly 18 months that will be spent from Park Impact Fee funds. City staff has budgeted $500,000 for FY24-25 budget under CIP #CD-01030 and will budget the rest in future years moving forward for the work to be completed. The current Park Impact Fee Fund Balance is $18,908,912.
ENVIRONMENTAL REVIEW
The City Council action authorizing the review of the proposed project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Subsequent action taken during the review of the proposed project will be analyzed separately under CEQA.
PREVIOUS COUNCIL CONSIDERATION
January 9, 2024 & April 9, 2024
BACKGROUND
233
Agenda Item # 6.
As part of their Annual Retreat, the City Council directed City staff to explore the possibility of a downtown park with parking in the City-owned parking plazas. City staff initiated the exploratory research process to identify which parking plazas have the desirable characteristics and initial feasibility for the necessary project components.
There would be a number of benefits provided by a beautiful new park space with parking as compared to the existing at-grade parking in Parking Plazas #1 and #2. This project would further the City Council Strategic Goals #1 through #4:
Business Communities – Provide a benefit to the downtown business community through a new community space that will allow new visitors to spend their time and money in our main commercial district. It will provide high quality park space and parking spaces along with protected, secure parking for employee vehicles.
Circulation Safety and Efficiency – Improve circulation safety of the downtown by calming this portion of the downtown parking plazas from solely vehicular traffic in at-grade parking. Parking plaza efficiency will significantly increase with a new flow of traffic that is oriented to maximum benefit.
Environmental Sustainability – Enhance from the existing asphalt parking to green space with state-of-the-art sustainable amenities in addition to the new trash enclosures that will ensure trash is well-maintained and not entering the public right-of-way. Housing – Utilize portions of the Housing Element which identify integration of public park facilities with or nearby multi-family housing.
As presented previously, City staff completed an initial site analysis and identified Plaza #1 and Plaza #2 as the preferred location. City Council directed staff to move the project forward at Plazas #1 and #2 with community engagement and conceptual design as part of their strategic priorities for the 2024 calendar year and allocated funds in the FY24-29 Capital Improvement and Major Maintenance Budget focused on community engagement and design services for the project.
ANALYSIS
Since that time, City staff has continually been presenting this concept to community groups and developed a full scope of work for the Requests for Proposal.
This scope of work included robust community engagement on potential design amenities, investigate existing conditions, and garner consensus on the project before returning to City Council with a budget, program, and style for the project moving forward.
The consultant will then refine aspects of the project into three feasible conceptual design alternatives, cost estimates and funding sources for the alternatives, garner consensus on preferred alternatives, and provide a final update to City Council. At that time, City Council will move forward with the preferred design and allocate the appropriated budget to design full bid-ready construction documents.
The City issued the RFP – Community Engagement and Design Services for Downtown Park with Parking on our Bids and Requests for Proposals website on October 31, 2024. The RFP closed on December 3, 2024 at 3 pm.
234
Agenda Item # 6.
The City received five proposals for the project. The evaluation committee reviewed all the proposals and invited the highest-ranking proposers to a final interview.
The review committee conducted interviews with the finalists and selected Watry Design, Inc. as the consultant to complete the work specified in the RFP.
The City Council needs to hold a public hearing to allocate funds from the Park Impact Fee for this project, which it will do tonight, before authorizing the City Manager to execute a contract with the preferred consultant.
The City acknowledges that the Downtown Park with Parking Project is subject to compliance with all legal requirements, including and but not limited to compliance with the California Environmental Quality Act (CEQA). No financial commitment shall be construed to compel the City to approve or make any particular findings with respect to any environmental documentation that is prepared, pursuant to CEQA, for any portion of the Project. The City retains full discretion to approve any CEQA documents prepared or to analyze environmental impacts or the Project.
ATTACHMENTS
1. Resolution
2. Resolution
235
Agenda Item # 6.
Resolution No. 2025-XX Page 1
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF LOS ALTOS WITH WATRY DESIGN, INC. FOR
COMMUNITY ENGAGEMENT AND DESIGN SERVICES FOR DOWNTOWN
PARK WITH PARKING (CD-01030)
WHEREAS, the City has selected Watry Design, Inc. to provide community engagement and design services for the Downtown Park with Parking; and WHEREAS, the City Council has already budgeted the FY24-25 portion of the project into the Capital Improvement and Major Maintenance Program #CD-0130; and WHEREAS, the City Council action authorizing the review of the proposed project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Subsequent action taken during the review of the proposed project will be analyzed separately under CEQA.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos adopt a resolution to:
1. Authorize the City Manager to execute the Agreement with Watry Design, Inc. in an amount of $2,288,500 and authorize the City Manager to execute a change order not to exceed 10% ($228,850) of the total contract amount on behalf of the City for the Downtown Park with Parking, and
2. Authorize the City Manager to take such further actions as may be necessary to implement the foregoing agreement.
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 11 th
day of February 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pete Dailey, MAYOR
Attest:
_____________________________
236
Agenda Item # 6.
Resolution No. 2025-XX Page 2
Melissa Thurman, MMC
CITY CLERK
237
Agenda Item # 6.
Resolution No. 2025-XX Page 1
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
AUTHORIZING THE ALLOCATION OF PARK IMPACT FEE FUNDS TO
HIRE WATRY DESIGN FOR PROFESSIONAL CONSULTANT SERVICES
ON A DOWNTOWN PARK WITH PARKING, NOT TO EXCEED $2,517,350 WHEREAS, the City currently has $18,908,912 in the Park Impact Fee to cover the cost of park improvements in Los Altos; and
WHEREAS, City Council has directed staff to conduct community engagement and design for a park with parking in downtown; and
WHEREAS, the City has determined that Parking Plazas #1 and #2 are the best options for a permanent park within Downtown Los Altos; and
WHEREAS, the City Council action authorizing the review of the proposed project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3). Subsequent action taken during the review of the proposed project will be analyzed separately under CEQA; and WHEREAS, The City Council of the City of Los Altos hereby authorizes the allocation of funding not to exceed $2,517,350 from the City’s Park Impact Fee for professional services for community engagement and design of the downtown park with parking, and WHEREAS, Watry Design is the preferred design consultant to coordinate community engagement and design of the downtown park with parking.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos adopt a resolution to:
1. The City Council finds that Park Impact Fee may be used for the purpose of developing new or rehabilitating existing park or recreational facilities such as the design of a new downtown park with parking within the City because: (1) this park will be located within the neighborhood that may fees have been collected; (2) is reasonably foreseeable that City residents will use the proposed park and recreational facilities where the fees are being used; (3) the use of the fees is consistent with the City's adopted general plan; and (4) the fees are used in compliance with Los Altos Municipal Code Section 3.60.015.
2. The City Council of the City of Los Altos hereby authorizes the allocation of not to exceed $2,517,350 from the City’s Park Impact Fee to contract a professional consultant, Watry Design, for professional services for community engagement and design of the downtown park with parking
238
Agenda Item # 6.
Resolution No. 2025-XX Page 2
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 11 th
day of February 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pete Dailey, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC
CITY CLERK
239
Agenda Item # 6.
City Council Agenda Report
Meeting Date: February 11, 2025
Prepared By: Melissa Thurman
Approved By: Gabriel Engeland
Subject: Discuss the attendance of Parks, Arts, Recreation & Cultural Commissioner Yong Yeh
COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government
RECOMMENDATION
Discuss and take possible action on the attendance record and appointment of Parks, Arts, Recreation & Cultural Commissioner Yong Yeh
FISCAL IMPACT
Not Applicable.
ENVIRONMENTAL REVIEW
Not Applicable.
PREVIOUS COUNCIL CONSIDERATION
Not Applicable.
BACKGROUND
At the regular meeting of January 28, 2025, Mayor Pete Dailey requested a future agenda item to discuss the attendance record of Parks, Arts, Recreation & Cultural (PARC) Commissioner Yong Yeh. This request was supported by the full Council to be presented at a future City Council meeting as a Discussion Item.
Pursuant to the Commissioner Handbook, Commissioners are expected to attend no less than 75% of the regularly scheduled meetings held annually during their term in office. If a Commissioner fails to attend the required minimum number of meetings, they risk removal from the Commission on which they were appointed.
240
Agenda Item # 7.
Commissioner Yeh was absent for 3 out of 4 regular meetings in 2023 (25% attendance rate) and absent for 5 out of 10 regular meetings in 2024 (50% attendance rate).
In April 2024 a PARC Commissioner was asked to resign due to attendance issues. The Commission is a seven-member body and currently has one vacancy.
ATTACHMENTS
1. Commissioner Handbook
241
Agenda Item # 7.
City Council Agenda Report
Meeting Date: February 11, 2025
Prepared By: Jon Maginot
Approved By: Gabe Engeland
Subject: City Council Accountability Policy
COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government
RECOMMENDATION
Review the City Council Accountability Policy and provide direction on modifications as needed
FISCAL IMPACT
None
ENVIRONMENTAL REVIEW
Not Applicable
PREVIOUS COUNCIL CONSIDERATION
Last adopted by City Council on October 12, 2021
BACKGROUND
The City Council adopted the Accountability Policy of the Los Altos City Council on October 12, 2021. It has not been revised since its original adoption.
DISCUSSION
At the January 14, 2025 Council meeting, Council requested a future agenda item to discuss the Accountability Policy. It is recommended that Council review the Policy and provide direction on modifications as needed.
ATTACHMENTS
1. Accountability Policy of the Los Altos City Council
242
Agenda Item # 8.
4831-0084-6333v2
JH\27697001
ACCOUNTABILITY POLICY OF THE LOS ALTOS CITY COUNCIL
Adopted October 12, 2021
PURPOSE
The Los Altos City Council adopts this policy for members of the City Council to assure public confidence in the integrity of local governance, to hold itself accountable to each other and the public, and to foster trust from the public.
This policy applies only to the City of Los Altos Mayor, Vice Mayor, and City Councilmembers serving on the Los Altos City Council (“Council”) for improper conduct that could result in admonition or censure.
This policy shall be effective on the date of adoption by the Council (“Effective Date”) and shall not be applied retroactively to any conduct occurring before the Effective Date.
Any disciplinary action taken by the Council under this policy shall be a final action and is not subject to an appeal or reconsideration.
POLICY
It is the policy of the Council that all its members shall abide by federal and state law, City ordinances, and City policies, including the Council Norms and Procedures (hereinafter referred to as Law or Policy). Violations of such Law or Policy tend to undermine the effectiveness of the Council as a whole and foster distrust from the public.
Depending on the circumstances of alleged violations of Law or Policy, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. An investigation is not required, but any Councilmember may request and be granted an investigation of the alleged violation.
Nothing in this policy shall preclude individual Councilmembers from making public statements regarding such alleged conduct. While the Council has broad discretion in deciding certain actions it may choose to take in response to violations of Law or Policy, which would not require the Council to adopt policy, including but not limited to voting to remove a Councilmember from a Committee or Board, or a vote of no confidence in a particular Councilmember, this policy provides definitions and procedures related to two types of actions: admonition and censure.
The Council shall only admonish or censure a Councilmember pursuant to this policy if a Councilmember has violated the same Law or Policy more than two times and the 243
Agenda Item # 8.
4831-0084-6333v2
JH\27697001
Councilmember has been publicly warned about such violations by another Councilmember or Councilmembers(s) and the Councilmember that received the warning continues to violate the Law or Policy.
Admonition
An admonition may be informal or formal and is typically directed to a member or members of the Council. An admonition may be issued in response to a particular alleged action or actions in violation of a Law or Policy. An informal admonition may be issued by the Council prior to any findings of fact regarding allegations, and because it is a warning or reminder, it would not require an investigation or separate hearings to determine whether the allegation is true. A formal admonition would follow a public hearing, as further described below. The Council recognizes the right to criticize is protected by the First Amendment, and may be done by an individual Councilmember, or by a Council motion and vote. A Mayor may from time to time remind Councilmembers to comply with any Law or Policy in order to conduct an orderly meeting.
Such reminders by the Mayor are not an admonition.
Censure
Censure is an official reprimand or condemnation made by Council in response to specified conduct by one of its own members. Censure is disciplinary in nature and requires the formal adoption of a resolution setting forth the Councilmember’s alleged violations of Law or Policy.
Although not required, censure could involve an investigation and it must protect the due process rights of the Councilmember being investigated. Censure carries no fine or suspension of the rights of the Councilmember as an elected official, but a censure is a punitive action for a Councilmember’s violations of Law or Policy.
PROCEDURE
Informal Admonition
An individual Councilmember can make an informal admonition at any Council meeting during the Public Presentations or Reports of Councilmembers portion of the meeting. The Councilmember making the informal admonition must first ask the Mayor to make the informal admonition and state on the record the basis for the informal admonition, including the previous two or more times that the Councilmember, who would be subject to the informal admonition, had been warned. After doing so, the Mayor must allow the Councilmember to make the informal admonition. If the Mayor would like to make an informal admonition, the Mayor is also required to state on the record the basis for the informal admonition.
Formal Admonition or Censure Public Hearing
At a public City Council Meeting, three (3) Councilmembers may request a discussion of a formal censure and/or formal admonition action be placed on a future regular meeting Council agenda. At the future meeting that the discussion is heard, a vote by three (3) or more Councilmembers is required to agendize a formal public hearing. The City Clerk shall provide a formal notice of the hearing to the Councilmember who is the subject of the action. The notice 244
Agenda Item # 8.
4831-0084-6333v2
JH\27697001
shall contain the specific allegations and/or charges on which the proposed action is based and the date and time that the matter will be heard. At the hearing, the Councilmembers who requested the hearing shall have a cumulative total time of no more than 10 minutes to state the reason(s) they are requesting the formal admonition or censure, and the Councilmember who is the subject of the action shall have up to 10 minutes to respond. Upon hearing the testimony, the Council may take action setting forth its findings and stating the terms of the disciplinary action.
Disciplinary Action.
If, at the close of the hearing, a majority of the entire membership of the Council finds that the subject member’s conduct violates any Law or Policy, the Council may take one or more of the following measures:
(1) Formal Admonition. A Formal Admonition can be in the form of a motion and vote, or an adopted Resolution, and can take any or all of the following forms:
(a) The admonition is directed to one or all members of the Council, reminding them that a particular type of behavior is in violation of law or City policy; and/or (b) Direction is given to the subject Councilmember to correct the result of the particular behavior that violated Law or Policy; and/or
(c) A reprimand is directed to the subject member of the Council based on a particular action (or set of actions) that is determined to be in violation of Law or Policy but is considered by the Council to be not sufficiently serious to require formal censure. (2) Resolution of Censure. The Council may adopt a resolution of censure that clearly sets forth the facts supporting the allegations of misconduct giving rise to the censure. A resolution of censure requires a majority vote of the entire membership of the Council. A resolution of censure may include the imposition of certain actions against the Councilmember such as removal from a committee or Board.
245
Agenda Item # 8.
City Council Agenda Report
Meeting Date: February 11, 2025
Prepared By: Nick Zornes
Approved By: Gabe Engeland
Subject: City Council Term Limit Considerations
COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government
RECOMMENDATION
Provide direction on City Council Term Limits.
FISCAL IMPACT
No fiscal impact has been incurred in the preparation of this agenda item. If a ballot initiative were to be placed on a ballot during a future election additional cost will be incurred by the City.
ENVIRONMENTAL REVIEW
This action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 and 15061(b)(3) as it pertains to organizational structure change that will not result in any direct or indirect physical change in the environment.
PREVIOUS COUNCIL CONSIDERATION
On October 22, 2024, the City Council requested future agenda items for discussion regarding City Council term limits, and consideration of becoming a Charter City. On January 14, 2024, the City Council discussed consideration of a Charter City and Term Limits of the City Council. Consideration of Term Limits was directed to come back for further discussion.
BACKGROUND
The Los Altos Municipal Code (LAMC) of the City of Los Altos (“City”) limits Councilmembers from serving more than two consecutive terms. However, the LAMC does not prohibit a City Councilmember from taking a “break in service” and then being elected to the Council if he or she desires. This is supported by Measure G, adopted by the voters on November 2, 1999, as well as prior City ordinances.
246
Agenda Item # 9.
Voter Approved 1999 – Measure G. On November 2, 1999, Measure G was adopted by the voters and approved Ordinance No. 99-370 (Attachment #2). Ordinance No. 99-370 was adopted on June 8, 1999. It was to apply to persons elected to the City Council or appointed thereto on November 2, 1999, and thereafter, “provided that a majority of the voters voting in said election pass and adopt the proposition approving the above ordinance.” Measure G complied with state law that allowed the City Council to enact an ordinance restricting the number of terms a person may serve on the City Council.
Existing Los Altos Municipal Code
2.04.020 - Limitation of terms for councilmembers.
No person shall serve more than two consecutive terms on the Los Altos city council, plus the completion of any unexpired term to which such person was elected or appointed. [Emphasis added] *Prior code § 2-2.02, renumbered as § 2.04.020.
Additional information regarding the existing provisions of term limits is discussed in the September 25, 2012, Agenda Item – City Council Term Limits (Attachment #1).
ANALYSIS
The City of Los Altos does currently have limitation of terms for councilmembers pursuant to section 2.04.020 of the Los Altos Municipal Code, as approved Voter Approved 1999 – Measure G. The existing provisions regarding term limits however only limit a maximum of two consecutive terms, not a cumulative maximum of two terms (Attachment #1).
The City Council may consider changing the terms for Council members. However, if an initiative is adopted by the Council, or adopted by the voters, it can be repealed or amended only by the voters, unless the ballot language provides otherwise. Govt. Code § 9217; Mobilepark W.
Homeowners Ass’n v. Escondido Mobilepark W. (1995) 35Cal.App.4th 32.
DISCUSSION
If the Council wishes to proceed with a ballot measure changing the Council Term Limits, it will apply prospectively. Govt. Code § 36502. The Council may wish to explore the following options:
Adopt a ballot measure repealing Term Council Limits (Repeal Measure G) Adopt a ballot measure repealing Term Limits (Measure G) and prohibiting any person from serving on the Los Altos City Council:
o For no more than two terms, or no more than eight consecutive years total. o For no more than two terms and any time serving as unexpired term. o Or some combination of the above examples or other limitation not listed here.
A ballot measure to repeal or modify the existing term limit provisions could be considered at the 2025 or 2026 election.
ATTACHMENTS
1. September 25, 2012, Agenda Item – City Council Term Limits Ordinance No. 99-37
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ORDINANCE NO. 99-370
AN ORDINANCE'OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
ESTABLISHING A TERM LIMIT FOR COUNCILMEMBERS
AT TWO CONSECUTIVE TERMS PLUS COMPLETION
OF AN UNEXPIRED TERM
The City Council of the City of Los Altos does hereby ordain as follows:
Sectioa 1.: Section 2-2.02 is hereby added to the Los Altos Municipal Code to read as follows:
"Section 2-2.02. Limitation of Terms for Councilmembers.
No person shall serve more than two consecutive
terms on the Los Altos City Council, plus the completion of any unexpired term to which such person was elected
or appointed. "
Section 2.: Publication. This ordinance shall be published as provided in Government Code section 36933.
Section 3.: Effective Date. This ordinance shall apply to persons elected to the City Council or appointed thereto on ru'o-iember 2, 1999, and thereafter, provided that a majority of the vsku voting in said election pass and adopt the proposition approving the above ordinance.
The above and foregoing ordinance was 'duly and properly introduced at a regular meeting of the Los Altos City Council held on May 25, 1999, and was thereafter, at a regular meeting of the Los Altos City Council held on June 8, 1999, duly passed and adopted by the following roll call vote: ..
AYES: Mayor Becker, Councilmembers Casto, La Poll, Lear and Moss NOES: ;<one
ABSENT: None
ATTEST:
..I
City Clerk
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Agenda Item # 9.
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City Council Agenda Report
Meeting Date: February 11, 2025
Prepared By: Jaime Chew
Approved By: Gabriel Engeland
Subject: Direct staff to adopt and implement a childcare subsidy program
COUNCIL PRIORITY AREA
☐Business Communities
☐Circulation Safety and Efficiency
☐Environmental Sustainability
☐Housing
☐Neighborhood Safety Infrastructure
☒General Government
RECOMMENDATION
Direct staff to adopt and implement a childcare subsidy program in support of the Santa Clara County initiative for affordable childcare.
FISCAL IMPACT
The ad hoc subcommittee and staff recommend allocating $30,000 from the general fund to support the creation of the childcare subsidy program.
$30,000 will be budgeted in the Parks & Recreation FY 25/26 operating budget. $25,000 in revenue is expected from the first full year of the agreement with Children’s Corner to offset 83% of the program cost.
ENVIRONMENTAL REVIEW
Not Applicable.
PREVIOUS COUNCIL CONSIDERATION
None
BACKGROUND
At the June 25, 2024, regular City Council meeting, City Council authorized the creation of a Subcommittee of Councilmember Fligor and Mayor Weinberg to research the topic further, and for staff to bring the item back to a future meeting date.
ANALYSIS
271
Agenda Item # 10.
Staff surveyed seven Santa Clara County cities (Campbell, Gilroy, Milpitas, Mountain View, Palo Alto, Santa Clara, Sunnyvale) that currently offer subsidy programs. After evaluating all program parameters, staff noted the following:
All surveyed cities utilized Housing and Urban Development (HUD) income limits to set program eligibility.
All surveyed cities set residency as a program requirement for eligibility. However, the city of Campbell is in the process of changing this requirement to include non-residents (those who work in the city) to increase program usage. The subsidy program in three of the seven cities (Gilroy, Mountain View, Sunnyvale) are specific to youth. The other four cities (Palo Alto, Milpitas, Santa Clara, Campbell) service all ages.
All surveyed cities set a maximum level of subsidy through:
o Flat subsidy amount per child and/or per family.
Example - $200 per child and $400 per family.
o Percentage subsidy of the program fee.
Example – 50% of the program fee.
The subsidy program in six of the seven cities are managed internally by staff. In the city of Mountain View, the Community Services Agency (CSA) manages the application and verification process.
DISCUSSION
It is anticipated that the city will net approximately $25,000 in annual revenue from Children’s Corner, the vendor selected to offer the preschool-age enrichment program on behalf of the city of Los Altos, for use of the Acorn Room at the Los Altos Community Center.
Based upon evaluation of survey information and Subcommittee discussion, the creation and implementation of a childcare subsidy program is being recommended with the following parameters:
HUD income limits to set program eligibility.
Open to residents and all city of Los Altos employees. Subsidy of 50% of the program fee up to $10,000 per family. Preschool-age focus, 2 years to 5 years.
Considerations for program eligibility expansion include:
Contracted public safety (Firefighters)
Contracted city staff
Los Altos business employees
School district staff
Staff recommends City Council direct staff to adopt and implement the proposed childcare subsidy program in support of the Santa Clara County initiative for affordable childcare. 272
Agenda Item # 10.
Resolution 2025- Page 1 of 2
RESOLUTION NO. 2025-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
TO DIRECT STAFF TO ADOPT AND IMPLEMENT A
CHILDCARE SUBSIDY PROGRAM
WHEREAS, on February 28, 2023, the Board of Supervisors for the County of Santa Clara approved funding for childcare initiatives to address childcare disruptions and enrollment gaps by reopening or increasing the total number of affordable infant and toddler childcare spaces available to families; and
WHEREAS, at the regular meeting of April 9, 2024, City Council authorized execution of an agreement with Children’s Corner to offer preschool-age services on behalf of the city of Los Altos at the Los Altos Community Center; and
WHEREAS, at the regular meeting of June 25, 2024, City Council authorized the creation of an Ad Hoc Subcommittee of Councilmember Fligor and Mayor Weinberg to research the topic further; and
WHEREAS, seven Santa Clara County cities currently offer subsidy programs; and WHEREAS, the Ad Hoc Subcommittee and staff recommend including $30,000 in the Parks & Recreation operating budget starting fiscal year 2025/26 to support the creation of the childcare subsidy program; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of Los Altos hereby directs staff to adopt and implement a childcare subsidy program in support of the Santa Clara County initiative for affordable childcare.
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 11th day of February 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pete Dailey, MAYOR
Attest:
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Resolution 2025- Page 2 of 2
_____________________________
Melissa Thurman, MMC
CITY CLERK
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Agenda Item # 10.
City of Los Altos 2025 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.
FEBRUARY 25, 2025
CLOSED SESSION (5:00 p.m.)
STUDY SESSION (6:00 p.m.):
Joint Commission Meetings:
o Complete Streets Commission
o Financial Commission
o Senior Commission
o Planning Commission
REGULAR MEETING (7:00 p.m.):
CONSENT:
Amendment No. 2 to Environmental Engineering & Contracting, Inc. Agreement Dog Park
DISCUSSION:
Parking Restrictions around Los Altos High School
Council Goals and Priorities
275
Agenda Item # 11.
City of Los Altos 2025 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.
MARCH 11, 2025
REGULAR MEETING (7:00 p.m.):
CONSENT:
Appoint Commissioners for Vacant Seats
Contract Award for Hetch Hetchy ADA Improvements Project Independent Intake Official Report
DISCUSSION:
Introduce Ordinance Amending Council Meeting Definitions AB481 – Military Equipment
Parking Enforcement Contract Award and Code Change
Remaining 2025 City Council agenda calendar items are pending and will be published at a later date. 276
Agenda Item # 11.
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 COMPLETED
Program 6.G: Housing mobility
Allow more than one
JADU (at least two per
site)
with ADU Ordinance
Update COMPLETED
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 COMPLETED
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 COMPLETED
Program 1.H: Facilitate housing on City-owned sites. Financial Analysis July 1, 2023 December 31, 2023 COMPLETED Program 3.D: Evaluate and adjust impact fees. August 1, 2023 December 31, 2024 COMPLETED Program 1.H: Facilitate housing on City-owned sites. Release RFP December 31, 2023 COMPLETED Program 6.C: Target housing development in highest
resource areas. Initial Outreach September 31, 2023 IN-PROGRESS Program 6.D: Promote Housing Choice (Section 8) rental
assistance program. September 31, 2023 IN-PROGRESS
Program 2.A: Continue to implement and enhance
inclusionary housing requirements. December 31, 2023 ONGOING Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Housing in-lieu fee. December 31, 2023 COMPLETED 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 COMPLETED 277
Agenda Item # 11.
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 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 IN-PROGRESS Program 6.E: Prepare and distribute anti-displacement
information. December 31, 2023 IN-PROGRESS
Program 1.A: Rezone for RHNA shortfall. January 31, 2024 COMPLETED Program 1.G: Rezone housing sites from previous Housing Elements. January 31, 2024 COMPLETED
Program 3.G: Amend Conditional Use Permits findings
applicable to housing developments. March 31, 2024 COMPLETED Program 3.I: Allow residential care facilities consistent with State law. January 31, 2024 COMPLETED
Program 3.J: Explicitly allow manufactured homes consistent with State law. January 31, 2024 COMPLETED
Program 3.F: Reduce Conditional Use Permit requirement for residential mixed-use and
multi-family. September 31, 2024 COMPLETED
Program 1.B: Facilitate higher density housing in the
Commercial Thoroughfare (CT) District. January 31, 2024 COMPLETED 278
Agenda Item # 11.
Program 1.C: Allow housing in the Office Administrative (OA) District. January 31, 2024 COMPLETED
Program 1.E: Update the Loyola Corners Specific Plan. January 31, 2024 COMPLETED Program 2.D: Encourage and streamline Accessory Dwelling Units (ADUs).
Adopt-Permit Ready ADU
Plans December 31, 2024 IN-PROGRESS
Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements. Downtown Parking Plan December 31, 2024 COMPLETED Program 3.A: Prepare a Downtown parking plan and update citywide parking requirements.
Comprehensive Parking
Ordinance Update December 31, 2024 COMPLETED
Program 3.B: Modify building height in mixed-use zoning districts.
Commercial
Neighborhood (CN)
District December 31, 2024 COMPLETED
Program 3.C: Remove floor-to-area ratio (FAR) restriction at Rancho Shopping Center and
Woodland Plaza. December 31, 2024 COMPLETED
Program 3.M: Modify parking requirements for emergency
shelters consistent with State
law. December 31, 2024 COMPLETED
Program 2.B: Establish an affordable housing in-lieu fee and commercial linkage fee. Commercial linkage fee. December 31, 2025 COMPLETED Program 1.D: Allow housing on certain Public and
Community Facilities District sites and
facilitate housing on religious institution properties. December 31, 2025 Program 6.G: Housing mobility
Allow housing on all
religious sites within the
City December 31, 2025
Program 1.F: Rezone Village Court parcel. January 31, 2024 COMPLETED 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 279
Agenda Item # 11.
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 Program 3.N: Modify standards in the R3 zoning districts. December 31, 2026 COMPLETED 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 ONGOING 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
280
Agenda Item # 11.
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 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 281
Agenda Item # 11.
DATE: 2/11/2025
TO: COUNCILMEMBERS
FROM: CITY MANAGER’SOFFICE
SUBJECT: COUNCIL Q&A FOR FEBRUARY 11, 2025 CITY COUNCIL REGULAR
MEETING
Agenda Item 2 (Downtown Parking Strategy):
• Assuming the Council adopts the Downtown Parking Strategy, then with respect to the fourteen recommendations, which will be accomplished by staff on its own and which recommendations will come back to the Council for additional input and/or appropriation (if any)?
Answer: Approximately half of the short-term strategies will be executed independently by City staff, and the other half will require support by third-party consultants which would be authorized by the City Council in a professional service agreement, some of which will require the final acceptance of the City Council.
Similarly to the short-term strategies, the mid-term will require the same allocation of resources and responsibilities.
• What is the effect (if any) of this report on the City’s consideration of developing underground parking beneath the proposed park at plazas 1 and 2? Answer: No negative impact is associated with this report for the development of a park and underground parking at Plaza 1 and 2. The report actually supports that there is a surplus of public parking in Downtown Los Altos, and reflects that additional parking is not necessary, only some replacement parking would be necessary to maintain existing service levels downtown.
• Many of the metrics in the parking study focus on availability rates (what percentage of parking spaces are vacant). But from the point of view of a downtown visitor, the main metric that impacts the parking experience is how long it takes to find an open space, both the average and standard deviation. This seems like a particular challenge for downtown Los Altos, given how parking is dispersed, how signage is limited, and how no real-time information is available. Since some of the improvements contemplated would attempt to address these challenges, how do we create metrics that track possible improvements in time-to-parking?
Answer: Once we have deployed the short-term parking strategies, we would then begin to monitor the effectiveness of each solution deployed. Once we begin to see a change in how parking is utilized, we can begin to develop specific parking metrics for time-to-park. A part of that, Wayfinding Signage is a recommendation that would include parking availability signage for major parking plazas, which is anticipated to be explored and bid in FY25/26.
• Autonomous driving may be coming to Los Altos. (We’ve received notice of non-public trials from at least one system developer.) Do any of our parking plans include analysis of how such services might reduce parking demand?
Answer: The city’s parking strategy did not specifically include analysis regarding autonomous vehicles at this time since they are not widely deployed currently.
However, the concept of autonomous vehicles was discussed with the city’s parking consultant, and the industry is discussing and analyzing this specific topic.
In general, autonomous vehicles are expected to reduce parking demand by allowing vehicles to drop off passengers at their destination and then move to park in less congested and less convenient areas which would lead to less parking need in highdemand zones.
Agenda Items 3 (Weed Abatement Final Reports):
• During the weed abatement appeals hearing, a recurring issue was how to consider native plants. On the one hand, we want to encourage residents who are embracing native plants as a way to reduce water use and better adapt to our natural ecosystem. On the other hand, fire is part of our natural ecosystem, and simply observing that a designed landscape is native rather than weeds doesn’t automatically abate that concern. Can the city, perhaps working with the environmental commission, the county experts, and other resources, develop best-practices advice about how to adopt native plants while also mitigating fire risk as much as possible?
Answer: City staff will continue to monitor this topic and report back to the City Council as the State Fire Marshall is currently updating and changing the High Fire Severity Zones throughout California, which is anticipated to add over 200 jurisdictions to the Local Responsibility Areas. The update and change in Fire Zones will impact “fuel sources” which is commonly native vegetations.
Agenda Items 4 (PG&E Easement):
• Why is this easement claimed to be needed by PG&E? Does the easement give PG&E the right to enter into LAYC at any time without notice?
Answer: PG&E is requesting this easement because they need to have access to their public utility equipment installed throughout the Civic Campus. The City Hall Expansion into the Youth Center Building, Project CF-01044, requires a new PG&E transformer, so their existing easement will be expanded to include this new infrastructure. This does not allow PG&E access into the Youth Center building because the easement and all of their utility infrastructure is located outside the building.
• Did PG&E request the easement? If so, please provide a copy of the written request.
Answer: Yes, the easement was requested by PG&E.
• What notice will PG&E provide to the City before accessing LAYC through the proposed easement?
Answer: The easement does not grant PG&E access into the Youth Center building. • Will PG&E need to access LAYC for any purpose other than with respect to the provision of its utilities to the LAYC building?
Answer: The easement does not grant PG&E access into the Youth Center building. • Can PG&E assign its proposed easement? Can anyone else gain access to LAYC through this easement?
Answer: The easement does not grant PG&E access into the Youth Center building. The easement does include standard language giving PG&E the right to apportion access to another public utility company (as defined in Section 216 of the California Public Utilities Code) for communications utilities within the easement area. This is specifically for telecommunication companies that are commonly served by PG&E transformers.
• Does this easement have any impact on the heritage orchard? Answer: No. The easement is beyond the boundaries of the heritage orchard.
Agenda Item 5 (Monopole Agreement):
• Resolution: The first line of the third “WHEREAS” refers to “AT&T.” Shouldn’t that say “New Cingular Wireless” instead?
Answer: Noted, this will be updated for signature of the Mayor. • Can you please confirm that the licensing entity New Cingular Wireless PC is part of the organization that will provide mobile wireless service to the public as AT&T Mobility? Answer: That is correct. AT&T is the wireless carrier that is the sponsor of this project.
Agenda Item 6 (Downtown Parking):
• Can you please provide more background about how the evaluation committee compared the five proposals, and how they determined that the Watry Design proposal was superior? In particular, if Watry did not submit the lowest cost bid, what quality factors recommended a greater amount of spending? And who served on the evaluation committee?
Answer: Watry Design was selected in part for its fiscal cost with its responsive proposal. Additionally, Watry was selected for its understanding of the project intent and for their proposed approach to community engagement, which is the primary component of the project during initial phases. Watry and their identified subconsultant have direct experience working together in park design with belowgrade parking facilities as well as exceptional above-grade parking design experience.
Agenda Item 7 (PARC Commissioner Attendance):
• Has Commissioner Yeh offered any proposal to remedy his unacceptable attendance record going forward?
Answer: Commissioner Yeh met with PARC Council liaison Meadows and City Manager Engeland on December 5th to review his attendance at PARC meetings. In this meeting Commissioner Yeh indicated he no longer had a conflict for the regular meetings of the PARC Commission.
Agenda Item 10 (Childcare Subsidy):
• Would it be possible to expand program eligibility to organizations contracted to operate city-owned facilities? (e.g. Los Altos History Museum staff) Answer: Yes. City Council can determine who is eligible for the program. • The recommendation is for a subsidy of 50% of the program fee up to $10,000 per family, but the budget is for $30K so this potentially means only three families get a chance at a subsidy. Why is this high level of subsidy per family justified versus a lower cap on the subsidy that could then potentially serve more families? Answer: The subsidy percentage of the program fee and maximum cap per family was the recommendation of the subcommittee, partially based upon the anticipated annual tuition of Children’s Corner (the vendor selected to offer the preschool-age program on behalf of the city) and to have the subsidy be substantial enough to facilitate registration in the program for those eligible. • Why does this recommendation cover 2-5 year olds when 5 year olds will generally be in TK programs?
Answer: The age range was a recommendation of the subcommittee. City Council can determine the age range for program eligibility.
• The cities surveyed show that a majority offer a program subsidy to all ages, not just to youth. Was offering a program subsidy regardless of age considered and why is it not recommended?
Answer: It was the recommendation of the subcommittee to focus on the preschoolage range. City Council can determine the age range for program eligibility for the subsidy program.
Questions not on the agenda:
• A review of the City Council Strategic Goals was continued from last meeting, due to the lateness of the hour. When will this question be revisited? Answer: City Council Goals and Priorities will return on February 25, 2025. • Recent national events have raised considerable uncertainty regarding federal funding.
How can the city review its vulnerability to this chaos, in terms of direct funding as well as indirect via county or state conduits?
Answer: City staff is monitoring changes to fund distribution at the Federal and State level. The immediate response is to increase the amount of unreserved, unassigned fund balance in the City’s General Fund. This will allow the City to continue operations in the face of an emergency if there is no or reduced aid from the Federal or State governments. Additionally, this would allow the City to become more flexible in expenditures should current grants be rescinded.
Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
300 Lakeside Drive, Suite 210
Oakland, CA 94612
Attn: Land Rights Library
Location: City/Uninc Los Altos
Recording Fee $
Document Transfer Tax $ None
[X] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD# 2306-02-10177 EASEMENT DEED
CITY OF LOS ALTOS, a municipal corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of Los Altos, County of Santa Clara, State of California, described as follows:
(APN 170-42-029)
The parcel of land described in the deed from The Association of the Los Altos Historical Museum to City of Los Altos dated December 16, 2002 and rcorded as Document No. 16690221, Santa Clara County Records.
The easement area is described as follows:
The strip of land of the uniform width of 10 feet, 5 feet on each side of the alignment of the underground facilities as initially hereunder; together with the parcel of land extending 8 feet from the operable sides of the pad-mounted facilities initially installed hereunder and 5 feet from the non-operable sides of said pad-mounted facilities, as measured perpendicular from the edge of said pads. The approximate locations of said facilities are shown upon Grantee’s Drawing No. SJL-16489 (Exhibit “A”) attached hereto and made a part hereof.
Utility Distribution Easement (02/2020)
Grantee agrees that on receiving a request in writing, it will at Grantor’s expense, survey, prepare and record a “Notice of Final Description” referring to this instrument and setting forth a description of said strip of land.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.
Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “B”, attached hereto and made a part hereof.
The legal description herein, or the map attached hereto, defining the location of this utility distribution easement, was prepared by Grantee pursuant to Section 8730(c) of the Business and Professions Code.
This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated: __________________, _______.
Signatures continued on next page.
Utility Distribution Easement (02/2020)
Signatures continued from preceding page.
I hereby certify that a resolution was adopted
on the ____ day of __________, 20____, by
the
__________________________________
authorizing the foregoing grant of easement.
By
CITY OF LOS ALTOS, a municipal
corporation,
By
By
Utility Distribution Easement (02/2020)
State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Utility Distribution Easement (02/2020)
Pacific Gas and Electric Company
EXHIBIT “B”
GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work.
Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities. • The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.
Utility Distribution Easement (02/2020)
Attach to LD 2306-02-10177
Area 3, De Anza Division
Land Service Office: San Jose
Line of Business: Electric Distribution (43)
Business Doc Type: Easement
MTRSQ: (23.06.02.29.34)
FERC License Number(s): N/A
PG&E Drawing Number(s): SJL-16489
PLAT NO.: F1115 (Elec.), 3348-H8 (Gas)
LD of any affected documents: N/A
LD of any Cross-referenced documents: 2306-02-2472, 2306-02-2473 TYPE OF INTEREST: Electric Underground Easements (4), Communication Easements (6), Utility Easements (86)
SBE Parcel Number: N/A
(For Quitclaims, % being quitclaimed): N/A
PM #: 35547048-1110
JCN: N/A
County: Santa Clara
Utility Notice Numbers: N/A
851 Approval Application No. N/A; Decision N/A
Prepared By: F1PE
Checked By: DAN9
The following is a Summary of Council Actions.
Minutes from the meeting will be posted once adopted by Council.
For more information, contact the City Clerk’s Office at 650-947-2720.
TUESDAY, FEBRUARY 11, 2025
SUMMARY OF COUNCIL ACTIONS
7:00 P.M. – REGULAR CITY COUNCIL MEETING
Items for Consideration
1. The City Council approved the regular meeting minutes of January 28, 2025.
2. The City Council adopted a Resolution approving the Downtown Parking Strategy.
3. The City Council adopted a Resolution of the City Council of the City of Los Altos instructing the Santa Clara County Consumer and Environmental Protection Agency to abate nuisances arising out of hazardous vegetation growing on property in the City of Los Altos as required by Chapter 11.10 of the Los Altos Municipal Code.
4. The City Council adopted a Resolution authorizing the City Manager to grant an easement to Pacific Gas & Electric Company (PG&E) for public utilities associated with the City Hall expansion project located at 1 North San Antonio Road.
5. The City Council approved the license agreement with New Cingular Wireless PCS, LLC for the construction and placement of an 80-foot-tall wireless telecommunications facility (monopine) and associated equipment at the Municipal Services Center, 707 Fremont Avenue.
6. The City Council adopted a Resolution to Use Park Impact Fee Funds for Community Engagement and Design Services for Downtown Park with Parking and adopted a Resolution to award contract to Watry Design, Inc. for Community Engagement and Design Services for Downtown Park with Parking in the amount of $2,288,500.
7. The City Council removed Yong Yeh from the Parks, Arts, Recreation and Cultural Commission due to attendance issues.
8. The City Council reviewed the City Council Accountability Policy and provided direction on modifications.
9. The City Council took no action on providing direction on changes to Council term limits.
10. The City Council directed staff to adopt and implement a childcare subsidy program in support of the Santa Clara County initiative for affordable childcare.
COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS ADJOURNMENT 10:23 P.M.